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ontario regulation 15/19

made under the

Smoke-Free Ontario Act, 2017

Made: February 14, 2019
Filed: February 22, 2019
Published on e-Laws: February 22, 2019
Printed in The Ontario Gazette: March 9, 2019

Amending O. Reg. 268/18

(GENERAL)

1. (1) Subsection 20 (2) of Ontario Regulation 268/18 is revoked and the following substituted:

(2) Despite the definition of “tobacconist” in subsection 1 (1), a retail establishment that is registered as a tobacconist with the board of health for the place where it is located, and was registered with the Ministry as a tobacconist under section 4 of Ontario Regulation 48/06 (General) under the Smoke-Free Ontario Act immediately before its revocation, and was in compliance with that section, continues to be a tobacconist for the purposes of this section if,

(a) at the time of registering with the board of health, at least 85 per cent of the establishment’s total inventory consisted of specialty tobacco products, with the remaining inventory consisting of cigarettes within the meaning of the Tobacco Tax Act or other items reasonably associated with a tobacco product or branded with the name of the tobacconist or a brand of tobacco; and

(b) during every 12-month period after registering with the board of health, the establishment’s total sales meet the requirements of the definition of “tobacconist” in subsection 1 (1) of this Regulation.

(3) During the period beginning on February 22, 2019, and ending on December 31, 2019, a retail establishment that was registered with the Ministry as a tobacconist under section 4 of Ontario Regulation 48/06 (General) under the Smoke-Free Ontario Act immediately before its revocation and was in compliance with that section, and that has not registered with a board of health, continues to be a tobacconist for the purposes of this section as long as, on average, at least 50 per cent of its inventory during that period consists of specialty tobacco products.

(2) Subsection 20 (3) of the Regulation, as made by subsection (1), is revoked.

Commencement

2. (1) Subject to subsection (2), this Regulation comes into force on the day it is filed.

(2) Subsection 1 (2) comes into force on January 1, 2020.

 

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