Bill 116 2010

An Act to amend the Smoke-Free Ontario Act to protect our children from tobacco addiction

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 at 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:

Possession, etc., persons under 19

   3.0.1  (1)  No person under 19 years of age shall have, consume, attempt to purchase, purchase or otherwise obtain tobacco.

Exception

   (2)  Subsection (1) does not prohibit a person from being in possession of tobacco during the course of the person's employment.

Improper documentation

   (3)  No person shall present as evidence of his or her age any documentation other than the documentation that was lawfully issued to him or her.

Seizure

   (4)  If a police officer reasonably believes that an offence is being committed under subsection (1), he or she may seize any tobacco related to that offence.

Forfeiture

   (5)  Tobacco seized under subsection (4) is forfeited and shall be dealt with as the Minister directs.

   2.  Section 15 of the Act is amended by adding the following subsection:

Offence, possession, etc., persons under 19

   (4.1)  A person who contravenes subsection 3.0.1 (1) is guilty of an offence and on conviction is liable to a fine of not more than $1,000.

Commencement

   3.  This Act comes into force on the day it receives Royal Assent.

Short title

   4.  The short title of this Act is the Protecting Children from Tobacco Addiction Act, 2010.

EXPLANATORY NOTE

Currently, it is not an offence under the Smoke-Free Ontario Act for a person under 19 years of age to purchase or consume tobacco products.  The Bill amends the Act by prohibiting persons under 19 years of age from having, consuming, attempting to purchase, purchasing or otherwise obtaining tobacco.  A police officer who reasonably believes that an offence is being committed may seize any tobacco related to the offence.  A person convicted of the offence is liable to a fine of not more than $1,000.