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O. Reg. 206/14: GENERAL

filed November 6, 2014 under Smoke-Free Ontario Act, S.O. 1994, c. 10

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ontario regulation 206/14

made under the

Smoke-Free Ontario Act

Made: November 5, 2014
Filed: November 6, 2014
Published on e-Laws: November 6, 2014
Printed in The Ontario Gazette: November 22, 2014

Amending O. Reg. 48/06

(GENERAL)

1. Section 8 of Ontario Regulation 48/06 is revoked and the following substituted:

Prohibition of sale in designated places

8. (1) The following are prescribed classes of places for the purposes of paragraph 10 of subsection 4 (2) of the Act:

1. Campuses of post-secondary institutions.

2. Schools within the meaning of the Education Act.

3. The buildings or portions of buildings occupied by private schools within the meaning of the Education Act and the grounds surrounding the buildings of private schools, in cases where a private school is the only occupant of premises, and the grounds annexed to private schools, in cases where a private school is not the only occupant of premises.

4. Day nurseries within the meaning of the Day Nurseries Act.

5. Places where private-home day care within the meaning of the Day Nurseries Act is provided, whether or not children are present.

6. Premises licensed under the Independent Health Facilities Act.

(2) In this section,

“campus” includes,

(a) buildings owned by post-secondary institutions that are used in whole or in part to offer post-secondary education programs to students or provide recreational or residential services to students,

(b) areas leased by post-secondary institutions that are used to offer post-secondary education programs to students or provide recreational or residential services to students,

(c) buildings owned by post-secondary student unions that are used in whole or in part to offer post-secondary education programs to students or provide recreational or residential services to students, and

(d) areas leased by post-secondary student unions that are used to offer post-secondary education programs to students or provide recreational or residential services to students; (“campus”)

“post-secondary institution” means,

(a) a college of applied arts and technology,

(b) a university or other institution that receives regular and ongoing operating funds from Ontario for the purpose of providing post-secondary education, or

(c) an institution offering post-secondary education programs that has an agreement to federate or affiliate with a university; (“établissement postsecondaire”)

“post-secondary student union” means a body intended to represent all the students of a post-secondary institution. (“association d’étudiants de niveau postsecondaire”)

2. Section 13 of the Regulation is revoked and the following substituted:

Restaurant and bar patios

13. (1) Restaurant and bar patios are prescribed areas for the purposes of paragraph 7 of subsection 9 (2) of the Act.

(2) Subject to subsection (3), a restaurant or bar patio is an area that is not an enclosed public place or an enclosed workplace and that meets all the criteria set out in the following paragraphs:

1. The public is ordinarily invited or permitted access to the area, either expressly or by implication, whether or not a fee is charged for entry, or the area is worked in or frequented by employees during the course of their employment, whether or not they are acting in the course of their employment at the time.

2. Food or drink is served or sold or offered for consumption in the area, or the area is part of or operated in conjunction with an area where food or drink is served or sold or offered.

3. The area is not primarily a private dwelling.

(3) With respect to a branch of the Royal Canadian Legion that immediately before November 18, 2013 operated an area that would otherwise be a restaurant or bar patio as described in subsection (2), a restaurant or bar patio is,

(a) that area, if any, that was a “covered or partially covered restaurant or bar patio” within the meaning of this Regulation as it read at that time; and

(b) any area that the branch commenced to operate on or after that date that is a restaurant or bar patio as described in subsection (2).

Children’s playgrounds and play areas

13.1 (1) Children’s playgrounds and all public areas within 20 metres of any point on the perimeter of a children’s playground are prescribed areas for the purposes of paragraph 7 of subsection 9 (2) of the Act.

(2) For the purposes of this section, a children’s playground is an area that is not an enclosed public place or an enclosed workplace and that meets all the criteria set out in the following paragraphs:

1. The area is primarily used for the purposes of children’s recreation, and is equipped with children’s play equipment, such as, but without being limited to,

i. slides,

ii. swings,

iii. climbing apparatuses,

iv. splash pads,

v. wading pools, or

vi. sand boxes.

2. The public is ordinarily invited or permitted access to the area, either expressly or by implication, whether or not a fee is charged for entry.

3. The area is not part of the amenities provided by a residential location, such as, but without being limited to, an apartment or condominium complex or a campground.

(3) For greater certainty, a hotel, motel, inn or similar place is not a “residential location” for the purposes of paragraph 3 of subsection (2).

Sporting areas, etc.

13.2 (1) The following are prescribed areas for the purposes of paragraph 7 of subsection 9 (2) of the Act:

1. Sporting areas.

2. Spectator areas adjacent to sporting areas.

3. Public areas within 20 metres of any point on the perimeter of a sporting area or a spectator area adjacent to a sporting area.

(2) For the purposes of this section, a sporting area is an area that is not an enclosed public place or an enclosed workplace and that meets all the criteria set out in the following paragraphs:

1. The area is owned by the Province or a municipality, by an agent of the Province or a municipality, or by a post-secondary institution as defined in subsection 8 (2).

2. The public is ordinarily invited or permitted access to the area, either expressly or by implication, whether or not a fee is charged for entry.

3. The area is used primarily for the purposes of sports such as, but without being limited to the following, but not including golf, whether or not a fee is paid for the use:

i. soccer,

ii. football,

iii. basketball,

iv. tennis,

v. baseball, softball or cricket,

vi. skating,

vii. beach volleyball,

viii. running,

ix. swimming, or

x. skateboarding.

3. Subsection 15 (1) of the Regulation is amended by striking out “enclosed workplace” wherever it appears and in each case substituting “enclosed workplace, place or area”.

Commencement

4. This Regulation comes into force on January 1, 2015.

 

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