Information for Tobacco Retailers

This section provides information to help retailers and their staff understand what is required to comply with the tobacco sales laws, and what the consequences are for not abiding by the Smoke-Free Ontario Act.

Smoke-Free Ontario Act

The Smoke-Free Ontario Act places restrictions on the display and promotion of tobacco products in retail settings. Under this Act, tobacco products include cigarettes, cigars, smokeless tobacco (such as chew, snuff, and spit), and loose tobacco.

The restrictions on displaying and promoting tobacco products in retail establishments have been strengthened. Studies show that the more people are exposed to point-of-sale advertising and promotion of tobacco products, the more likely they are to buy tobacco. Youth are particularly susceptible to this advertising.

Smoke-Free Ontario Act - Tobacco Display Ban

As of May 31^st 2008, additional restrictions on the display, handling and promotion of tobacco products came into effect¹.  An overview of some of the changes are listed below, but for a more detailed list, see the Ministry of Health Promotion site by clicking here.

No tobacco products may be displayed in a retail store.  This means¹:

• Customers must not be able to see tobacco products before they are purchased
• Customers are not allowed to handle tobacco products before they are purchased
• The brief time when a seller opens and closes the storage device and transfers the product to a customer is not considered a "display" but note that any intentional or unintentional action to display tobacco products in the storage device could be penalized

• Tobacco products must not be seen by customers during restocking or inventory checks

Penalties for not following the Smoke-Free Ontario Act

Tobacco sales offences include¹:

• Selling or supplying tobacco to someone under the age of 19
• Failing to request identification from someone appearing to be less than 25
• Failing to post the mandatory government ID and health warning signs
• Selling tobacco without the appropriate health warnings
• Some activities relating to selling unmarked cigarettes under the Tobacco Tax Act

There are monetary fines for not abiding by the Act, and if there are two or more convictions within a five year period, an automatic prohibition may be applied where the retailer is not permitted to sell or store any tobacco products for six to twelve months¹.  Also note that through vicarious liability, the store owner may be held accountable for their employees actions¹.    

To view the Smoke-Free Ontario Act In Brief, click link below:

• Smoke-Free Ontario Act in Brief  

To view the entire Smoke-Free Ontario Act online click below:

• Click here and search for “Smoke-Free Ontario Act”  

Federal Tobacco Act

The Federal Tobacco Act, in general, regulates the manufacture, sale, labelling and promotion of tobacco products. By restricting the promotion of tobacco products, the act helps protect the health of the youth.

• Rolling papers are deemed tobacco products and cannot be sold to anyone under the age of 18. (Note that the age is 18 because it is a federal law)
• Free items cannot be given to customers who purchase tobacco products.
• Lighters and matches can be sold to youth.

To see the entire Act: Federal Tobacco Act. 

Ontario Tobacco Tax Act

In general, the Ontario Tobacco Tax Act regulates the distribution, sale, and possession of tobacco products.  Tobacco vendors must:

• Be able to prove that tobacco tax has been accounted for on all tobacco products;
• Comply with rules concerning purchasing, possession, marking, stamps, transportation, storage, and selling of tobacco; and,
• Ensure that all tobacco has Ontario’s yellow tear tape around the package.

Tobacco Tax Act- click here and search for “Tobacco Tax Act” 

Not to Kids! 

Not To Kids! is a coalition dedicated to keeping youth tobacco free, with a strong emphasis on reducing the number of youth that have access to tobacco by reminding tobacco vendors and the community that selling or providing tobacco to minors is illegal. Not To Kids! also creates awareness of the dangers of chew/snuff tobacco for youth.

Not to Kids

References:

¹  Ministry of Health Promotion:  Smoke-Free Ontario: How the Act Affects Tobacco Retailers