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Tobacco Control Act, 1994

S.O. 1994, CHAPTER 10

Historical version for the period June 27, 2002 to June 12, 2005.

Amended by: 1997, c. 10, s. 26; 2002, c. 8, Sched. P, s. 6.

CONTENTS

1

Definitions

2

Application

Provision of Tobacco to Persons under 19

3

Selling or supplying to persons under 19

Prohibition of Sale in Designated Places

4

Sale in designated places

Packaging, Health Warnings and Signs

5

Packaging requirements

6

Signs

Vending Machines

7

Vending machines: general prohibition

Reports from Wholesalers and Distributors

8

Reports

Controls Relating to Smoking Tobacco

9

Prohibition of smoking in certain places

10

Signs

11

Smoking areas

12

Conflict with other legislation

Traditional Use of Tobacco by Aboriginal Persons

13

Purpose

Inspection

14

Inspectors

Offences

15

Offences

Automatic Prohibition

16

Tobacco sales offences

17

Seizure

18

Signs

Miscellaneous Provisions

19

Regulations

20

Crown bound

Definitions

1. In this Act,

“prescribed” means prescribed by the regulations; (“prescrit”)

“regulations” means the regulations made under this Act. (“règlements”) 1994, c. 10, s. 1.

Application

2. This Act applies to tobacco in any processed or unprocessed form that may be smoked, inhaled or chewed, including snuff, but does not apply to products intended for use in nicotine replacement therapy. 1994, c. 10, s. 2.

Provision of Tobacco to Persons under 19

Selling or supplying to persons under 19

3. (1) No person shall sell or supply tobacco to a person who is less than 19 years old. 1994, c. 10, s. 3 (1).

Selling or supplying to persons apparently under 19

(2) No person shall sell or supply tobacco to a person who appears to be less than 19 years old, regardless of the person’s actual age. 1994, c. 10, s. 3 (2).

Defence

(3) It is a defence to a charge under subsection (1) or (2) that the defendant believed the person receiving the tobacco to be at least 19 years old because the person produced a prescribed form of identification showing his or her age and there was no apparent reason to doubt the authenticity of the document or that it was issued to the person producing it. 1994, c. 10, s. 3 (3).

Same

(4) It is a defence to a charge under subsection (2) that the person selling or supplying the tobacco had personal knowledge that the person receiving the tobacco was at least 19 years old. 1994, c. 10, s. 3 (4).

Apparent age

(5) In a prosecution under subsection (1) or (2), the court may determine, from the person’s appearance and from other relevant circumstances, whether a person who received tobacco appears to be less than 19 years old. 1994, c. 10, s. 3 (5).

Improper documentation

(6) No person shall present as evidence of his or her age identification that was not lawfully issued to him or her. 1994, c. 10, s. 3 (6).

Prohibition of Sale in Designated Places

Sale in designated places

4. (1) No person shall sell tobacco in a designated place. 1994, c. 10, s. 4 (1).

Designated places

(2) The following are designated places:

1. A hospital as defined in the Public Hospitals Act.

2. A private hospital as defined in the Private Hospitals Act.

3. A psychiatric facility as defined in the Mental Health Act, except, in the case of a facility that is designated under the Mental Hospitals Act, a part of the facility where the sale of tobacco is authorized by the regulations.

4. A nursing home as defined in the Nursing Homes Act.

5. A home for special care under the Homes for Special Care Act.

6. A charitable institution as defined in the Charitable Institutions Act.

7. A home as defined in the Homes for the Aged and Rest Homes Act.

8. A pharmacy as defined in the Drug and Pharmacies Regulation Act.

9. An establishment where goods or services are sold or offered for sale to the public, if,

i. a pharmacy as defined in the Drug and Pharmacies Regulation Act is located within the establishment, or

ii. customers of such a pharmacy can pass into the establishment directly or by the use of a corridor or area used exclusively to connect the pharmacy with the establishment.

10. A place that belongs to a prescribed class. 1994, c. 10, s. 4 (2).

Temporary exception

(3) Subsection (1) does not apply with respect to the designated places described in paragraphs 8 and 9 of subsection (2) until December 31, 1994. 1994, c. 10, s. 4 (3).

Packaging, Health Warnings and Signs

Packaging requirements

5. (1) No person shall sell or offer to sell tobacco at retail or for subsequent sale at retail or distribute or offer to distribute it for that purpose unless,

(a) the tobacco is packaged in accordance with the regulations; and

(b) the package bears or contains a health warning and other information in accordance with the regulations. 1994, c. 10, s. 5 (1).

Same, cigarettes

(2) No person shall sell or offer to sell cigarettes at retail or for subsequent sale at retail or distribute or offer to distribute them for that purpose unless the cigarettes are contained in packages of at least 20 cigarettes or such greater number as may be prescribed by regulation. 1994, c. 10, s. 5 (2).

Signs

6. No person shall, in any place, sell or offer to sell tobacco at retail unless signs bearing health warnings and other information and referring to the prohibitions imposed by section 3 are posted at the place in accordance with the regulations. 1994, c. 10, s. 6.

Vending Machines

Vending machines: general prohibition

7. (1) No person shall permit a vending machine for selling or dispensing tobacco to be in a place that the person owns or occupies. 1994, c. 10, s. 7 (1).

Exceptions

(2) Subsection (1) does not apply with respect to a vending machine that contains no tobacco and,

(a) is in a place to which the public does not have access; or

(b) is inoperable. 1994, c. 10, s. 7 (2).

Temporary exception

(3) Subsection (1) does not apply until December 31, 1994. 1994, c. 10, s. 7 (3).

Reports from Wholesalers and Distributors

Reports

8. A person who, in Ontario, sells or distributes tobacco for subsequent sale at retail shall submit reports to the Minister of Health in accordance with the regulations. 1994, c. 10, s. 8.

Controls Relating to Smoking Tobacco

Prohibition of smoking in certain places

9. (1) No person shall smoke tobacco or hold lighted tobacco in any of the following places:

1. A hospital, private hospital, psychiatric facility, nursing home, home for special care, charitable institution, home, or place belonging to a prescribed class, as referred to in subsection 4 (2).

2. A pharmacy or retail establishment, as referred to in subsection 4 (2).

3. A school as defined in the Education Act.

4. A private career college as defined in the Private Career Colleges Act.

5. A college of applied arts and technology, a university or any other institution of post-secondary education.

6. A day nursery as defined in the Day Nurseries Act.

7. The premises of a financial institution.

8. An establishment where goods or services are sold or offered for sale to the public.

9. A video or amusement arcade, as defined in the regulations.

10. The common areas of an enclosed shopping mall, as defined in the regulations.

11. A self-serve laundry.

12. A shelter or station used as part of a public transit system.

13. A hairdressing establishment or barber shop.

14. A place that belongs to a prescribed class. 1994, c. 10, s. 9 (1); 2002, c. 8, Sched. P, s. 6.

Exception, outdoor areas in certain places

(2) The prohibition set out in subsection (1) does not apply to an outdoor area that is part of a place referred to in paragraph 4 or 5 of that subsection. 1994, c. 10, s. 9 (2).

Exception, private areas in certain places

(3) The prohibition set out in subsection (1) does not apply to the parts of places referred to in paragraphs 2, 7, 8, 9, 10, 11, 12, 13 and 14 of that subsection that are not open to the public. 1994, c. 10, s. 9 (3).

Exception, smoking areas in certain places

(4) The prohibition set out in subsection (1) does not apply to an area set aside for smoking within a place referred to in paragraph 1, 4, 5, 10 or 14 of that subsection, if the area is identified as an area where smoking is permitted. 1994, c. 10, s. 9 (4).

Signs

10. The person who owns or occupies a place described in section 9 shall ensure that signs referring to the prohibition imposed by that section are posted in accordance with the regulations. 1994, c. 10, s. 10.

Smoking areas

11. (1) The person who owns, occupies, operates or maintains a place referred to in paragraph 1, 4, 5, 10 or 14 of subsection 9 (1) may set aside for smoking an area within the place and identify it as an area where smoking is permitted, if the prescribed criteria are met. 1994, c. 10, s. 11 (1).

Area that does not meet criteria

(2) A person described in subsection (1) shall not identify an area as an area where smoking is permitted if the prescribed criteria are not met. 1994, c. 10, s. 11 (2).

Conflict with other legislation

12. If there is conflict between sections 9 and 10 of this Act and a provision of another Act, a regulation or a municipal by-law that deals with smoking, the provision that is more restrictive of smoking prevails, subject to subsection 13 (3). 1994, c. 10, s. 12.

Traditional Use of Tobacco by Aboriginal Persons

Purpose

13. (1) The purpose of this section is to acknowledge the traditional use of tobacco that forms part of Aboriginal culture and spirituality. 1994, c. 10, s. 13 (1).

Non-application of s. 3

(2) Section 3 does not prohibit a person from giving tobacco to an Aboriginal person who is or appears to be less than 19 years of age, if the gift is made for traditional Aboriginal cultural or spiritual purposes. 1994, c. 10, s. 13 (2).

Non-application of smoking prohibitions

(3) No provision of an Act, regulation or municipal by-law that prohibits smoking in a place, including section 9 of this Act,

(a) prohibits an Aboriginal person from smoking tobacco or holding lighted tobacco there, if the activity is carried out for traditional Aboriginal cultural or spiritual purposes;

(b) prohibits a non-Aboriginal person from smoking tobacco or holding lighted tobacco there, if the activity is carried out with an Aboriginal person and for traditional Aboriginal cultural or spiritual purposes. 1994, c. 10, s. 13 (3).

Place for traditional use of tobacco

(4) At the request of an Aboriginal resident, the operator of a health facility, home or institution referred to in subsection 4 (2) shall set aside an indoor area, separate from any area where smoking is otherwise permitted, for the use of tobacco for traditional Aboriginal cultural or spiritual purposes. 1994, c. 10, s. 13 (4).

Inspection

Inspectors

14. (1) The Minister of Health may appoint inspectors for the purposes of this Act. 1994, c. 10, s. 14 (1).

Inspection

(2) For the purpose of determining whether this Act is being complied with, an inspector may, without a warrant, enter and inspect places referred to in subsection 4 (2) and section 9 and the establishments of tobacco wholesalers and distributors. 1994, c. 10, s. 14 (2).

Restricted appointments

(3) The Minister may, in an appointment, restrict the inspector’s powers of entry and inspection to specified places or kinds of places among those referred to in subsection (2). 1994, c. 10, s. 14 (3).

Time of entry

(4) The power to enter and inspect a place without a warrant may be exercised only during the place’s regular business hours or, if it does not have regular business hours, during daylight hours. 1994, c. 10, s. 14 (4).

Dwellings

(5) The power to enter and inspect a place without a warrant shall not be exercised to enter and inspect a part of the place that is used as a dwelling unless reasonable notice has been given to the occupier of the dwelling. 1994, c. 10, s. 14 (5).

Use of force

(6) An inspector is not entitled to use force to enter and inspect a place. 1994, c. 10, s. 14 (6).

Identification

(7) An inspector conducting an inspection shall produce, on request, evidence of his or her appointment. 1994, c. 10, s. 14 (7).

Powers of inspector

(8) An inspector conducting an inspection may,

(a) examine a record or other thing that is relevant to the inspection;

(b) demand the production for inspection of a document or other thing that is relevant to the inspection;

(c) remove for review and copying a record or other thing that is relevant to the inspection;

(d) in order to produce a record in readable form, use data storage, information processing or retrieval devices or systems that are normally used in carrying on business in the place; and

(e) question a person on matters relevant to the inspection. 1994, c. 10, s. 14 (8).

Same, vending machines

(9) An inspector conducting an inspection may open a vending machine for the selling or dispensing of tobacco if,

(a) the vending machine is operable or is in a place to which the public has access;

(b) the owner or operator of a place referred to in subsection 7 (1) refuses or is unable to open the machine; and

(c) the inspector has reasonable grounds to believe that there is tobacco in the machine. 1994, c. 10, s. 14 (9).

Exemption from liability

(10) No person is liable for damage done to the machine in connection with the opening. 1994, c. 10, s. 14 (10).

Seizure and forfeiture

(11) The inspector may seize any tobacco and money found in the machine; the tobacco is forfeited and shall be dealt with as the Minister of Health directs, and the money is forfeited to the Minister of Finance. 1994, c. 10, s. 14 (11).

Written demand

(12) A demand that a record or other thing be produced for inspection must be in writing and must include a statement of the nature of the record or thing required. 1994, c. 10, s. 14 (12).

Obligation to produce and assist

(13) If an inspector demands that a record or other thing be produced for inspection, the person who has custody of the record or thing shall produce it and, in the case of a record, shall on request provide any assistance that is reasonably necessary to interpret the record or to produce it in a readable form. 1994, c. 10, s. 14 (13).

Records and things removed from place

(14) A record or other thing that has been removed for review and copying,

(a) shall be made available to the person from whom it was removed, for review and copying, on request and at a time and place that are convenient for the person and for the inspector; and

(b) shall be returned to the person within a reasonable time. 1994, c. 10, s. 14 (14).

Copy admissible in evidence

(15) A copy of a record that purports to be certified by an inspector as being a true copy of the original is admissible in evidence to the same extent as the original, and has the same evidentiary value. 1994, c. 10, s. 14 (15).

Obstruction

(16) No person shall hinder, obstruct or interfere with an inspector conducting an inspection, refuse to answer questions on matters relevant to the inspection or provide the inspector with information, on matters relevant to the inspection, that the person knows to be false or misleading. 1994, c. 10, s. 14 (16).

Offences

Offences

15. (1) A person who contravenes subsection 3 (1), (2) or (6) or 4 (1), section 5 or 9 or subsection 14 (16), 16 (4), 17 (6), 18 (4) or (5) is guilty of an offence and on conviction is liable to a fine determined in accordance with subsection (3). 1994, c. 10, s. 15 (1).

Continuing offence, signs, smoking areas

(2) A person who contravenes section 6 or 10 or subsection 11 (2) or 18 (1) is guilty of an offence and on conviction is liable, for each day or part of a day on which the offence occurs or continues, to a fine determined in accordance with subsection (3). 1994, c. 10, s. 15 (2).

Determining maximum fine

(3) The fine, or daily fine, as the case may be, shall not exceed an amount determined as follows:

1. Establish the number of times the defendant has been convicted of the same offence during the five years preceding the current conviction.

2. If the defendant is an individual, the amount is set out in Column 3 of the Table to this section, opposite the number of previous convictions in Column 2 and the section or subsection number of the provision contravened in Column 1.

3. If the defendant is a corporation, the amount is set out in Column 4 of the Table to this section, opposite the number of previous convictions in Column 2 and the section or subsection number of the provision contravened in Column 1. 1994, c. 10, s. 15 (3).

Sequence of convictions

(4) In establishing the number of times the defendant has been convicted of the same offence for the purposes of subsection (3), the only question to be considered is the sequence of convictions, and no consideration shall be given to the sequence of commission of offences or to whether an offence occurred before or after a conviction. 1994, c. 10, s. 15 (4).

Continuing offence, vending machine

(5) A person who contravenes subsection 7(1) is guilty of an offence and on conviction is liable, for each day or part of a day on which the offence occurs or continues, to a fine of not more than $2,000. 1994, c. 10, s. 15 (5).

Offence, failure to submit report

(6) A person who contravenes section 8 or a regulation made under clause 19 (1) (f) is guilty of an offence and on conviction is liable to a fine of not more than $100,000. 1994, c. 10, s. 15 (6).

Duty of directors and officers

(7) A director or officer of a corporation that engages in the manufacture, sale or distribution of tobacco has a duty to take all reasonable care to prevent the corporation from contravening this Act. 1994, c. 10, s. 15 (7).

Same

(8) A director or officer of a corporation that owns, occupies, operates or maintains a place referred to in paragraph 1, 5, 10 or 14 of subsection 9 (1) has a duty to take all reasonable care to prevent the corporation from contravening subsection 11 (2). 1994, c. 10, s. 15 (8).

Offence

(9) A person who has the duty imposed by subsection (7) or (8) and fails to carry it out is guilty of an offence and on conviction is liable to a fine of not more than $100,000. 1994, c. 10, s. 15 (9).

Same

(10) A person may be prosecuted and convicted under subsection (9) even if the corporation has not been prosecuted or convicted. 1994, c. 10, s. 15 (10).

TABLE

1

2

3

4

PROVISION
CONTRAVENED

DISPOSITION À
LAQUELLE IL A ÉTÉ
CONTREVENU

NUMBER OF EARLIER
CONVICTIONS

DÉCLARATIONS DE
CULPABILITÉ
PRÉALABLES

MAXIMUM FINE —
INDIVIDUAL

AMENDE MAXIMALE —
PARTICULIER

MAXIMUM FINE —
CORPORATION

AMENDE MAXIMALE —
PERSONNE MORALE

   

$

$

3 (1), 3 (2)

0

4 000

10 000

 

1

10 000

20 000

 

2

20 000

50 000

 

3 or more

3 ou plus

100 000

150 000

3 (6), 4 (1),

6, 10, 11 (2),

14 (16), 16 (4),

17 (6), 18 (1),

18 (4), 18 (5)

0

2 000

5 000

1

5 000

10 000

2

10 000

25 000

3 or more

3 ou plus

50 000

75 000

5

0

2 000

100 000

 

1

5 000

300 000

 

2

10 000

300 000

 

3 or more

3 ou plus

50 000

300 000

9

0

1 000

 
 

1 or more

1 ou plus

5 000

 

1994, c. 10, s. 15, Table; 1997, c. 10, s. 26.

Automatic Prohibition

Tobacco sales offences

16. (1) For the purpose of this section, the following are tobacco sales offences:

1. Contravening subsection 3 (1) or (2), section 5, 6 or 7, or subsection (4) of this section.

2. Contravening section 8 or 29 of the Tobacco Tax Act. 1994, c. 10, s. 16 (1).

Notice

(2) On becoming aware that the following conditions have been satisfied, the Minister of Health shall send a notice of the prohibition imposed by subsection (4) to the person and to all wholesalers and distributors of tobacco in Ontario:

1. The person has been convicted of a tobacco sales offence committed in a place owned or occupied by the person.

2. The person was convicted of another tobacco sales offence committed in the same place during the five years preceding the conviction referred to in paragraph 1.

3. The period allowed for appealing the conviction referred to in paragraph 1 has expired without an appeal being filed, or any appeal has been finally disposed of. 1994, c. 10, s. 16 (2).

Date

(3) The notice shall specify the date on which it is to take effect. 1994, c. 10, s. 16 (3).

Sales, storage and deliveries prohibited

(4) During the applicable period,

(a) no person shall sell or store tobacco in the place where the tobacco sales offences were committed; and

(b) no wholesaler or distributor shall deliver tobacco to the place or have it delivered there. 1994, c. 10, s. 16 (4).

Applicable period

(5) For the purposes of subsection (4), the applicable period is,

(a) the six months that follow the date specified in the notice referred to in subsection (2), if the person has been convicted of one other tobacco sales offence committed in the same place during the five years preceding the current conviction;

(b) the nine months that follow the date specified in the notice, if the person has been convicted of two other tobacco sales offences committed in the same place during the five-year period; and

(c) the 12 months that follow the date specified in the notice, if the person has been convicted of more than two other tobacco sales offences committed in the same place during the five-year period. 1994, c. 10, s. 16 (5).

Defence

(6) It is a defence to a charge under subsection (4) that the defendant had not received the notice at the time the offence was committed. 1994, c. 10, s. 16 (6).

Exception

(7) The prohibition on storing tobacco does not apply to small amounts of tobacco for the immediate personal use of persons who work in the place. 1994, c. 10, s. 16 (7).

Sequence of convictions

(8) In establishing the number of times a person was convicted of another tobacco sales offence for the purposes of this section, the only question to be considered is the sequence of convictions, and no consideration shall be given to the sequence of commission of offences or to whether an offence occurred before or after a conviction. 1994, c. 10, s. 16 (8).

Seizure

17. (1) An inspector may seize, without notice or other process, tobacco that is stored in a place in contravention of section 16. 1994, c. 10, s. 17 (1).

Forfeiture

(2) Tobacco seized under this section is forfeited and shall be dealt with as the Minister of Health directs. 1994, c. 10, s. 17 (2).

Vending machine

(3) The inspector’s power of seizure includes power to open a vending machine in order to examine the contents, if the inspector suspects on reasonable grounds that the machine contains tobacco that is stored in a place in contravention of section 16, and no person is liable for damage done to the machine in connection with the opening. 1994, c. 10, s. 17 (3).

Money

(4) Any money found in a vending machine containing tobacco that is seized under this section is forfeited to the Minister of Finance. 1994, c. 10, s. 17 (4).

Application of subss. 14 (4) to (7)

(5) Subsections 14 (4), (5), (6) and (7) apply, with necessary modifications, to an inspector acting under subsection (1) or (3). 1994, c. 10, s. 17 (5).

Obstruction

(6) No person shall hinder, obstruct or interfere with an inspector acting under subsection (2). 1994, c. 10, s. 17 (6).

Signs

18. (1) The owner or occupier of a place that is subject to a prohibition imposed under section 16 shall ensure that signs are posted at the place in accordance with the regulations. 1994, c. 10, s. 18 (1).

Posting by inspector

(2) If signs are not posted as required, an inspector may enter the premises without a warrant and post signs in accordance with the regulations. 1994, c. 10, s. 18 (2).

Application of subss. 14 (4) to (7)

(3) Subsections 14(4), (5), (6) and (7) apply, with necessary modifications, to an inspector acting under subsection (2). 1994, c. 10, s. 18 (3).

Obstruction

(4) No person shall hinder, obstruct or interfere with an inspector acting under subsection (2). 1994, c. 10, s. 18 (4).

Signs not to be removed

(5) No person shall remove a sign posted under this section while the prohibition remains in force. 1994, c. 10, s. 18 (5).

Miscellaneous Provisions

Regulations

19. (1) The Lieutenant Governor in Council may make regulations,

(a) prescribing anything that is referred to in this Act as being prescribed;

(b) authorizing the sale of tobacco in a part of a psychiatric facility for the purposes of paragraph 3 of subsection 4 (2);

(c) respecting the signs to be posted under sections 6, 10 and 18;

(d) respecting the packaging requirements, health warning and other information referred to in section 5;

(e) respecting the reports to be submitted under section 8;

(f) requiring persons who sell tobacco at retail to submit reports to the Minister of Health;

(g) defining “video or amusement arcade” for the purpose of paragraph 9 of subsection 9 (1);

(h) establishing what constitutes a common area for the purposes of paragraph 10 of subsection 9 (1) and defining “enclosed shopping mall”;

(i) prescribing criteria for the purposes of section 11. 1994, c. 10, s. 19 (1).

Exception

(2) A regulation shall not be made under clause (1) (f) unless a report referred to in that clause is necessary in order to,

(a) verify reports obtained under section 8; or

(b) obtain information with respect to the sale of tobacco that cannot be obtained under section 8. 1994, c. 10, s. 19 (2).

Same

(3) A regulation made under clause (1) (c) may specify the wording and appearance of the signs and the locations where they are to be posted. 1994, c. 10, s. 19 (3).

Same

(4) A regulation made under clause (1) (d) may,

(a) impose different packaging requirements for different forms of tobacco;

(b) govern aspects of packaging, including labelling, colouring, lettering, script, size of writing or markings and other decorative elements;

(c) prescribe a minimum package size to contain not fewer than the prescribed number of items or not less than the prescribed number of grams of tobacco;

(d) require that the health warning be inserted inside the package, printed on or affixed to its outer surface, inserted between the package and the outer wrapping, or printed on or affixed to the outer wrapping;

(e) require that the other information be inserted inside the package, printed on or affixed to its outer surface, inserted between the package and the outer wrapping, or printed on or affixed to the outer wrapping. 1994, c. 10, s. 19 (4).

Same

(5) A regulation made under clause (1) (e) or (f) may prescribe the contents and frequency of the reports. 1994, c. 10, s. 19 (5).

Same

(6) A regulation made under clause (1) (i) may,

(a) prescribe criteria relating to the size or location of smoking areas;

(b) prescribe criteria relating to the floor space or permitted occupancy load of smoking areas as a proportion of the total floor space or permitted occupancy load of the place;

(c) prescribe criteria relating to the ventilation of smoking areas;

(d) prescribe criteria relating to the provision of equivalent or superior non-smoking areas;

(e) prescribe different criteria for different categories of places. 1994, c. 10, s. 19 (6).

Effect of ss. (3) to (6)

(7) Subsections (3), (4), (5) and (6) do not restrict the generality of subsection (1). 1994, c. 10, s. 19 (7).

Crown bound

20. This Act binds the Crown. 1994, c. 10, s. 20.

21.-24. Omitted (amends or repeals other Acts). 1994, c. 10, ss. 21-24.

25. Omitted (provides for coming into force of provisions of this Act). 1994, c. 10, s. 25.

26. Omitted (enacts short title of this Act). 1994, c. 10, s. 26.

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