Bill 69, Smoke-Free Ontario Amendment Act, 2008
Bill 69 2008
An Act to protect children from second-hand tobacco smoke in motor vehicles by amending the Smoke-Free Ontario Act
Note: This Act amends the Smoke-Free Ontario Act. For the legislative history of the Act, see the Table of Consolidated Public Statutes – Detailed Legislative History on www.e-Laws.gov.on.ca.
Her Majesty, by and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as follows:
1. The Smoke-Free Ontario Act is amended by adding the following section:
Protection for people under 16 years old in motor vehicles
9.2 (1) No person shall smoke tobacco or have lighted tobacco in a motor vehicle while another person who is less than 16 years old is present in the vehicle.
Proof of age
(2) In a prosecution under this section, a court may find evidence that the person enforcing this section honestly and reasonably believed another person to be less than 16 years old to be sufficient proof of the other person's age.
Enforcement
(3) Despite section 14, this section shall be enforced by police officers.
Definition
(4) In this section,
"motor vehicle" means, subject to the regulations, a motor vehicle as defined in subsection 1 (1) of the Highway Traffic Act.
2. Section 15 of the Act is amended by adding the following subsection:
Offence, smoking in motor vehicle
(6.1) A person who contravenes section 9.2 is guilty of an offence and on conviction is liable to a fine of not more than $250.
3. Subsection 19 (1) of the Act is amended by adding the following clauses:
(i) providing for additional vehicles that are motor vehicles for the purposes of section 9.2;
(j) providing for vehicles that are not motor vehicles for the purposes of section 9.2.
Commencement
4. This Act comes into force on a day to be named by proclamation of the Lieutenant Governor.
Short title
5. The short title of this Act is the Smoke-Free Ontario Amendment Act, 2008.
EXPLANATORY NOTE
This Explanatory Note was written as a reader's aid to Bill 69 and does not form part of the law. Bill 69 has been enacted as Chapter 12 of the Statutes of Ontario, 2008.
The Smoke-Free Ontario Act is amended to prohibit smoking or having lighted tobacco in a motor vehicle while a person under 16 years old is present.
Bill 69 2008
An Act to protect children from second-hand tobacco smoke in motor vehicles by amending the Smoke-Free Ontario Act
Note: This Act amends the Smoke-Free Ontario Act. For the legislative history of the Act, see the Table of Consolidated Public Statutes – Detailed Legislative History on www.e-Laws.gov.on.ca.
Her Majesty, by and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as follows:
1. The Smoke-Free Ontario Act is amended by adding the following section:
Protection for people under 16 years old in motor vehicles
9.2 (1) No person shall smoke tobacco or have lighted tobacco in a motor vehicle while another person who is less than 16 years old is present in the vehicle.
Proof of age
(2) In a prosecution under this section, a court may find evidence that the person enforcing this section honestly and reasonably believed another person to be less than 16 years old to be sufficient proof of the other person's age.
Enforcement
(3) Despite section 14, this section shall be enforced by police officers.
Definition
(4) In this section,
"motor vehicle" means, subject to the regulations, a motor vehicle as defined in subsection 1 (1) of the Highway Traffic Act.
2. Section 15 of the Act is amended by adding the following subsection:
Offence, smoking in motor vehicle
(6.1) A person who contravenes section 9.2 is guilty of an offence and on conviction is liable to a fine of not more than $250.
3. Subsection 19 (1) of the Act is amended by adding the following clauses:
(i) providing for additional vehicles that are motor vehicles for the purposes of section 9.2;
(j) providing for vehicles that are not motor vehicles for the purposes of section 9.2.
Commencement
4. This Act comes into force on a day to be named by proclamation of the Lieutenant Governor.
Short title
5. The short title of this Act is the Smoke-Free Ontario Amendment Act, 2008.
EXPLANATORY NOTE
The Smoke-Free Ontario Act is amended to prohibit smoking or having lighted tobacco in a motor vehicle while a person under 16 years old is present.
| Date | Bill stage | Activity | Committee |
|---|---|---|---|
| June 18, 2008 | Royal Assent | Royal Assent received | - |
| June 16, 2008 | Third Reading | Carried | - |
| June 16, 2008 | Third Reading | Debate | - |
| June 12, 2008 | - | Ordered for Third Reading | - |
| June 12, 2008 | - | Reported without amendment | - |
| June 11, 2008 | - | Consideration of a Bill | Standing Committee on General Government |
| June 9, 2008 | - | Consideration of a Bill | Standing Committee on General Government |
| May 28, 2008 | - | Ordered referred to Standing Committee | Standing Committee on General Government |
| May 28, 2008 | Second Reading | Carried | - |
| May 28, 2008 | Second Reading | Debate | - |
| May 27, 2008 | Second Reading | Debate | - |
| May 14, 2008 | Second Reading | Debate | - |
| May 13, 2008 | Second Reading | Debate | - |
| April 30, 2008 | First Reading | Carried | - |
Debates and Progress
First Reading
April 30, 2008
Minister's Statement and Ms. Scott and Mme Gélinas
Second Reading
May 13, 2008
Principal Debaters:
Hon. Michael Bryant, Hon. Margarett R. Best, Ms. Helena Jaczek, Ms. Laurie Scott
Questions and Comments:
Mr. Norm Miller, Mme France Gélinas, Mr. Bill Mauro, Mr. Jim Wilson, Mr. Yasir Naqvi, Mr. Toby Barret, Ms. Cheri DiNovo
May 14, 2008
Principal Debaters:
Mme France Gélinas, Mr. David Orazietti, Mrs. Elizabeth Witmer, Mr. Mike Colle
Questions and Comments:
Ms. Laurel C. Broten, Mr. Ted Arnott, Ms. Cheri DiNovo, Mr. Kuldip Kular, Mr. Peter Shurman, Ms. Helena Jaczek, Mr. John O'Toole
May 27, 2008
Principal Debaters:
Mr. John Yakabuski, Ms. Cheri DiNovo, Mr. John O'Toole, Mrs. Joyce Savoline
Questions and Comments:
Mr. Robert Bailey, Mr. Paul Miller
May 28, 2008
Principal Debaters:
Mrs. Liz Sandals, Hon. Jim Watson, Hon. John Wilkinson, Mr. David Zimmer, Mr. Peter Shurman
Questions and Comments:
Mr. John O'Toole, Mr. Michael Prue, Ms. Leeanna Pendergast, Mr. Norman W. Sterling, Ms. Helena Jaczek, Mr. Pat Hoy, Mr. Jean-Marc Lalonde
Declared carried. Referred to the Standing Committee on General Government.
Committee
Standing Committee on General Government
June 9, 2008
June 11, 2008
June 12, 2008
Reported to the House without amendment. Ordered for third reading.
Third Reading
June 16, 2008
Principal Debaters:
Hon. Margarett R. Best, Ms. Helena Jaczek, Ms. Laurie Scott, Mme France Gélinas, Ms. Cheri DiNovo
Declared carried.
Royal Assent: 6/18/2008Coming into force:
Proclamation.
Acts affected - Bill 69
Most Ontario public acts are available electronically; to view copies of the Acts to be amended by this bill visit e-laws
Smoke-Free Ontario Act
Legislative Assembly of Ontario