June 2018 Board Meeting - Smoke-Free Ontario Act 2017 - New Regulations Information Report

Meeting Document Type
Information Report
Smoke-Free Ontario Act 2017 - New Regulations

Prepared By:

Ashley Kirby, Health Promotion Specialist, Eric Nadalin, Manager, Chronic Disease and Injury Prevention 

Date:

May 25, 2018

Subject:

Smoke-Free Ontario Act 2017 – New Regulations

Background

The Smoke-Free Ontario Act (SFOA) came into effect in May of 2006 imposing regulatory changes which led to significant reductions in smoking and tobacco use across Ontario. These changes led to over 180,000 less smokers across the province, including nearly 13,000 fewer in Windsor-Essex County alone (Canadian Community Health Survey, 2014). In the Spring of 2017, the Minister of Health and Long-Term Care and the government of Ontario committed to the modernization of the Smoke-Free Ontario Act updating the smoking and vaping laws in Ontario to address emerging smoking products which continue to come to market and to continue to make progress toward achieving the lowest smoking rates in the province. Effective July 1, 2018 the Smoke-Free Ontario Act 2017 (SFOA 2017) regulations will repeal the existing SFOA and Electronic Cigarettes Act, 2015 (ECA). The SFOA 2017 will regulate the sale, supply, use, display, and promotion of tobacco and vapour products (e-cigarettes), and the smoking and vaping of medical cannabis. 

Places of Use

The SFOA, 2017 will prohibit the smoking of tobacco, the vaping of any substance, and the smoking of medical cannabis in all enclosed public spaces and workplaces, as well as additional prohibited places, such as children’s playgrounds and sporting fields, which were prohibited under the former SFOA. The SFOA 2017, will further protect Ontarians from second hand smoke and vapour by prohibiting the smoking of tobacco, the use of e-cigarettes, and the smoking and vaping of medical cannabis in additional places that were not previously prohibited under the SFOA. A summary of these prohibitions and a comparison to the previous version and municipal bylaws can be found in Table 1 below.

Table 1: Summary of Regulation Changes Related to Places of Use
Topic/Regulation Current:
Smoke-Free Ontario Act/
Electronic Cigarettes Act
As of July 1st:
Smoke-Free Ontario Act 2017
Impact on Municipal Bylaws
Prohibited Products
  • Smoke or hold lighted tobacco.
  • Smoke or hold lighted tobacco.
  • Smoking or vaping of medical cannabis.
  • Use of an electronic cigarette.

Inclusion of smoking or vaping of medical cannabis and use of an electronic cigarette

Smoke-free Bylaws Impacted:

Municipality of Leamington
Bylaw: 311-13

Smoking/Vaping Prohibition on School Grounds
  • A school as defined in The Education Act.
  • A school as defined in The Education Act.
  • Public areas within 20m of any point on the perimeter of a school.
  • Inclusion of Smoking or vaping of medical cannabis and use of an electronic cigarette.

School property not referenced in any local municipal Bylaws.

Smoke-free Bylaws Impacted:

None.

Smoking/Vaping Prohibition on Children’s Playgrounds and Play Areas
  • Children’s playgrounds
  • Public areas within 20m of any point of the perimeter of a children’s playground.
  • No change for prohibited spaces.
  • Inclusion of Smoking or vaping of medical cannabis and use of an electronic cigarette.

These regulations will continue to supersede outdoor smoking Bylaws in municipalities which provide exemptions for parking lots or designated smoking areas within 20m from the perimeter of playgrounds and play areas.

Smoke-Free Bylaws Impacted:

Town of Amherstburg
Bylaw: 2016-113

Town of Essex
Bylaw: 1228

Town of Tecumseh
Bylaw: 2014-60

City of Windsor
Bylaw: 113-2006

Town of LaSalle
Bylaw: 7775

Smoking/Vaping Prohibition for Sporting Areas
  • Sporting areas
  • Spectator areas
  • Public areas within 20m of any point on the perimeter of a sporting area or spectator area.
  • No change for prohibited spaces.
  • Inclusion of smoking or vaping of medical cannabis and use of an electronic cigarette.

These regulations will continue to supersede outdoor smoking Bylaws in municipalities which provide exemptions for parking lots or designated smoking areas within 20m from the perimeter of sporting areas or spectator areas.

Smoke-Free Bylaws Impacted:

Town of Amherstburg
Bylaw: 2016-113

Town of Essex
Bylaw: 1228

Town of Tecumseh
Bylaw: 2014-60

City of Windsor
Bylaw: 113-2006

Town of LaSalle
Bylaw: 7775

Smoking/Vaping Prohibition on Recreation Centre Property
  • No provincial regulations, but most municipal recreation centers are covered in Smoke-Free Bylaws.
  • The outdoor grounds of a community recreation facility and public areas within 20m of any point on the perimeter of the grounds.
  • Inclusion of smoking or vaping of medical cannabis and use of an electronic cigarette.

These regulations will supersede outdoor smoking Bylaws in municipalities which provide exemptions for parking lots or designated smoking areas on recreation centre property or within 20m of any point on the perimeter of the property.

Smoke-Free Bylaws Impacted:

Town of Amherstburg
Bylaw: 2016-113

Town of Essex
Bylaw: 1228

Town of Tecumseh
Bylaw: 2014-60

City of Windsor
Bylaw: 113-2006

Town of LaSalle
Bylaw: 7775

Smoking/Vaping Prohibitions of Restaurant and Bar Patios
  • Restaurant and bar patios
  • Restaurant and bar patios
  • Public areas within 9m of any point on the perimeter of a restaurant or bar patio.
  • Inclusion of smoking or vaping of medical cannabis and use of an electronic cigarette.

These regulations will supersede outdoor smoking Bylaws in municipalities which provide exemptions for designated smoking areas within 9m of any point on the perimeter of a bar or restaurant patio, such as those which are in operation as part of a fair or festival.

Smoke-free Bylaws Impacted:

Town of Amherstburg
Bylaw: 2016-113

Town of Essex
Bylaw: 1228

Town of Tecumseh
Bylaw: 2014-60

City of Windsor
Bylaw: 113-2006

Town of LaSalle
Bylaw: 7775

Display and Promotion

The SFOA, 2017 will also prohibit the display and promotion of tobacco products, branded tobacco product accessories, and vapour products and any other prescribed product or substance at places where they are sold or offered for sale. While these regulations were in place for tobacco products under the previous legislation, the regulations related to electronic cigarettes and other prescribed products and substances are new and specific to SFOA 2017.

The regulation will include exemptions for Tobacconists and Specialty Vape Shops to display these products if specific conditions are met. These exemptions require business owners to register annually with the Board of Health and abide by the conditions outlined below: 

  • Tobacconists: permitted to display and promote vapour products, if a minimum of 85% of the store's revenues or inventory is dedicated to speciality tobacco products. These requirements have expanded from 50% under the previous Act.
    • The other 15% of store's revenue/inventory can be dedicated to items associated or branded with the name of the tobacconist or a brand of tobacco.
  • Speciality vape stores: permitted to display and promote vapour products, if a minimum of 85% of the store's revenues or inventory is dedicated to vapour products.
    • Are not permitted to sell tobacco products, the other 15% of store's revenue/ inventory can be dedicated to items associated or branded with the name of the vape store or a brand of vape product.

Current Initiatives

Prior to the implementation of the SFOA 2017, our Health Unit will be reaching out to effected stakeholders in the following ways:

  • Meeting with municipalities to educate them on the impact that the Act will have on recreation facilities, sporting areas, parks and playgrounds. As well as how these new regulations will interact with existing smoke-free outdoor space bylaws.
  • Written and in person support to vendors who currently sell e-cigarettes, tobacconists, and speciality vape shops to aid them in complying with SFOA 2017.
  • Written and in person contact with restaurant and bar owners as well as fair and festival organizers to notify them of the restrictions around smoking within 9 metres of patios.
  • Written notification, along with in person meetings with our school board liaison committee and principals to provide education and enforcement expertise regarding the smoke-free space within 20 metres of their school property.
  • Contact owners of medical cannabis vape lounges to inform them that as of July 1st, their current operations will not be compliant with SFOA 2017.
  • Shared work plan being developed among southwest regional health units to create public education materials and a consistent enforcement approach across eight health unit regions.

Consultation:

The following individuals contributed to this report:

  • Southwest Tobacco Control Area Network Steering Committee
  • Southwest Tobacco Control Area Network Enforcement Subcommittee
  • Middlesex-London Health Unit

References:

  • Canadian Community Health Survey. (2014). Tobacco Informatics Monitoring System. Retrieved May 29, 2018

Approved by:

Theresa Marentette, Acting CEO