Ontario contrband-baggies

Published on November 17th, 2015 | by OCSA

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Convenience Store Retailers Welcome Measures in Bill 139 to Address Illegal Tobacco

 

contraband-baggie

CONVENIENCE STORE RETAILERS WELCOME MEASURES IN BILL 139 TO ADDRESS ILLEGAL TOBACCO

TORONTO, ONTARIO – (Marketwire – November 17th  2015) – Ontario’s convenience store retailers are welcoming a private member’s bill introduced by MPP Todd Smith (Prince Edward-Hastings) which seeks to address illegal tobacco through new measures for policing agencies and a public education campaign on the dangers of contraband.

“The Ontario Convenience Store Association (OCSA) is pleased with measures proposed in the Smoke-Free Schools Act that will increase penalties for those caught with illegal tobacco products” said OCSA president Dave Bryans. “Tax evasion through the purchase of contraband is a serious problem for our small businesses, and we are happy to see MPP Smith is keen to address this issue.”

In addition to increased fines for contraband tobacco offenders, the Smoke-Free Schools Act will also include a public education campaign on the dangers of tobacco consumption, including illegal tobacco. “Educating young people is critical to reducing the youth tobacco consumption rate even further, and we are happy to support this,” said Bryans.

The OCSA has been lobbying the provincial government to support an outright ban on the possession, purchase, and consumption of tobacco by youth. The penalties that would be associated with this would mirror those contained in the Ontario Liquor Control Act. In a public opinion survey conducted in January by the Association, 80% of Ontarians supported a potential ban on tobacco by youth.

“Our retailers are the best at age-testing on restricted products in the province,” said Bryans. “While we understand the instinct to further penalize legal retailers who sell to minors, compliance tests show that convenience stores are often not the source of tobacco for minors. We need to make smoking inaccessible and unappealing for young people entirely, and a ban on the possession, purchase and consumption of tobacco by youth would achieve this.”

The Association will be releasing its new contraband tobacco rates in Ontario at the beginning of December, which will include rates for many high schools across the province. “Contraband rates continue to remain alarmingly high at high-schools and hospitals in the province,” said Bryans. “We look forward to working with any decision-makers who would like to address this illegal activity and curb youth smoking.”

Below is a copy of the Bill:

MPP2015.060.e

6-BW

Smoke-Free Schools Act, 2015

EXPLANATORY NOTE

The Bill amends the Smoke-Free Ontario Act and the Tobacco Tax Act.

Smoke-Free Ontario Act

The Smoke-Free Ontario Act is amended to require the Government to establish a public education program about the health risks associated with the use of tobacco.  (new section 3.0.1 of the Act)

Currently, the Act prohibits the sale of tobacco in designated places.  Amendments are made to add schools, as defined in the Education Act, and private schools as designated places.  (subsection 4 (2) of the Act)

Amendments are made to increase the fines that apply if a person is convicted of presenting illegal age identification or is convicted of selling tobacco in a designated place.  (section 15 of the Act)

Tobacco Tax Act

The Tobacco Tax Act is amended to permit the Minister to share the proceeds of forfeited property with police forces who participate in the investigation of an offence that leads to the forfeiture.  (new section 23.3 of the Act)

The Act is amended to provide that the costs incurred by a police force or the Crown to remove, store or dispose of a vehicle under section 24 of the Act are a debt due to the police force or the Crown and may be recovered in court.  (new subsection 24 (10.11.1) of the Act)

Currently, subsection 29 (3) of the Act gives persons authorized by the Minister certain enforcement powers relating to unmarked tobacco products.  An amendment is made to also give those powers to police officers.

Amendments are made to increase the penalties that apply to offences relating to interjurisdictional importers, the manufacturing of tobacco products, the possession of unmarked cigarettes and the purchase or receipt of marked or unmarked cigarettes for resale. (subsections 6 (2.1) and (16), 7 (4), 7.0.1 (2), 29 (14) and (15), and 35 (2) of the Act)

Currently, a person’s driver’s licence may be suspended if he or she uses a motor vehicle in the commission of certain offences.  Amendments are made to increase the suspension periods in respect of  convictions under subsections 9.1 (4), 31 (2) and 35 (2.0.1) of the Act. (new subsection 35.1 (2.1) of the Act)

 

 Bill                                                                                                                                             2015

An Act to amend the Smoke-Free Ontario Act and the Tobacco Tax Act

Her Majesty, by and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as follows:

Smoke-Free Ontario Act

  1. (1)  The Smoke-Free Ontario Act is amended by adding the following section:

PUBLIC EDUCATION PROGRAM

Public education program

3.0.1  (1)  The Government shall establish a public education program about the health risks associated with the use of tobacco and the program shall be for the purpose of reducing the use of tobacco and exposure to tobacco.

Same

(2)  The public education program may involve any of the following:

  1. Consulting and collaborating with one or more non-profit organizations in the development and the delivery of the program.
  1. Including information about the health risks associated with the use of tobacco in the curriculum in schools as defined in the Education Act.
  1. One or more non-government organizations conducting research about the public’s knowledge of the health risks associated with the use of tobacco, including the different health risks associated with the use of various forms of tobacco and the different health risks associated with the use of legal and illegal tobacco products.
  1. Addressing misinformation among the members of the public with respect to the health risks associated with the use of tobacco, including misinformation regarding the health risks associated with the use of various forms of tobacco and the different health risks associated with the use of legal and illegal tobacco products.

      (2)  Subsection 4 (2) of the Act is amended by adding the following paragraphs:

  1. A school as defined in the Education Act.
  1. A building or the grounds surrounding the building of a private school, where the private school is the only occupant of the premises, or the grounds annexed to a private school, where the private school is not the only occupant of the premises.

(3)  If, on the day this section comes into force, section 5 of Schedule 2 to the Making Healthier Choice Act, 2015 is not in force, the Table to section 15 of the Smoke-Free Ontario Act is amended by repealing,

 

3 (6), 4 (1), 6, 10, 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 50,000 75,000

and substituting,

 

3 (6), 4 (1) 0 5,000 5,000
1 10,000 10,000
2 25,000 25,000
3 or more 50,000 75,000
6, 10, 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 50,000 75,000

      (4)  On the later of the day this section comes into force and the day section 5 of Schedule 2 to the Making Healthier Choices Act, 2015 comes into force, the Table to section 15 of the Smoke-Free Ontario Act, as re-enacted by section 5 of Schedule 2 to the Making Healthier Choices Act, 2015, is amended by repealing

 

3 (6), 4 (1), 6, 10, 14 (16), 16 (4), 17 (6), 18 (1), 18 (4), 18 (5) 0 2,000 5,000
3 (6), 4 (1), 6, 10, 14 (16), 16 (4), 17 (6), 18 (1), 18 (4), 18 (5) 1 5,000 10,000
3 (6), 4 (1), 6, 10, 14 (16), 16 (4), 17 (6), 18 (1), 18 (4), 18 (5) 2 10,000 25,000
3 (6), 4 (1), 6, 10, 14 (16), 16 (4), 17 (6), 18 (1), 18 (4), 18 (5) 3 or more 50,000 75,000

and substituting,

 

3 (6), 4 (1) 0 5,000 5,000
3 (6), 4 (1) 1 10,000 10,000
3 (6), 4 (1) 2 25,000 25,000
3 (6), 4 (1) 3 or more 50,000 75,000
6, 10, 14 (16), 16 (4), 17 (6), 18 (1), 18 (4), 18 (5) 0 2,000 5,000
6, 10, 14 (16), 16 (4), 17 (6), 18 (1), 18 (4), 18 (5) 1 5,000 10,000
6, 10, 14 (16), 16 (4), 17 (6), 18 (1), 18 (4), 18 (5) 2 10,000 25,000
6, 10, 14 (16), 16 (4), 17 (6), 18 (1), 18 (4), 18 (5) 3 or more 50,000 75,000

TOBACCO TAX ACT

  1. (1)  Subsection 1 (1) of the Tobacco Tax Act is amended by adding the following definition:

“police force” means police force as defined in subsection 2 (1) of the Police Services Act; (“corps de police”)

(2)  Subsection 6 (2.1) of the Act is amended by striking out “a fine of not less than $1,000 and not more than $10,000” at the end and substituting “a fine of not less than $2,500 and not more than $25,000”.

      (3)  Subsection 6 (16) of the Act is amended by striking out “a fine of not less than $200 and not more than $1,000” and substituting “a fine of not less than $1,000 and not more than $5,000”.

(4)  Clause 7 (4) (a) of the Act is repealed and the following substituted:

(a)    to a fine of not less than $2,500 and not more than $25,000; and

      (5)  Clause 7.0.1 (2) (a) of the Act is repealed and the following substituted:

(a)    to a fine of not less than $2,500 and not more than $25,000; and

      (6)  The Act is amended by adding the following section:

Sharing of proceeds

      23.3  (1)  If a police force has participated in the investigation of an offence that leads to the forfeiture to the Crown of property under this Act, the Minister may, in accordance with the regulations, share the proceeds of disposition of that forfeited property with the police force.

Regulations

(2)  The Lieutenant Governor in Council may make regulations respecting the sharing of the proceeds of disposition of any property that is forfeited to the Crown under this Act.

   (7)  Section 24 of the Act is amended by adding the following subsection:

Debt due to police or Crown

(10.11.1)  The costs incurred by a police force or the Crown in removing, storing or disposing of a vehicle under this section are a debt due to the police force or Crown, as the case may be, and may be recovered by the police force or Crown in any court of competent jurisdiction.

      (8)  Subsection 29 (3) of the Act is amended by striking out “If a person authorized by the Minister” at the beginning of the portion before clause (a) and substituting “If a police officer or a person authorized by the Minister”.

      (9)  Paragraph 1 of subsection 29 (14) of the Act is amended by striking out “a fine of $100” and substituting “a fine of $500”.

      (10)  Paragraph 2 of subsection 29 (14) of the Act is amended by striking out “a fine of $250” and substituting “a fine of $1,250”.

      (11)  Paragraph 3 of subsection 29 (14) of the Act is amended by striking out “a fine of $500” and substituting “a fine of $2,500”.

      (12)  Clause 29 (15) (a) of the Act is amended by striking out “a fine of not less than $500 and not more than $10,000” at the beginning and substituting “a fine of not less than $2,500 and not more than $25,000”.

      (13)  Subsubparagraph 1 i of subsection 35 (2) of the Act is amended by striking out “a fine of not less than $500 and not more than $10,000” at the beginning and substituting “a fine of not less than $2,500 and not more than $25,000”.

      (14)  Subsubparagraph 2 i of subsection 35 (2) of the Act is repealed and the following substituted:

  1. a fine of $250 for each 200 cigarettes, and

    (15)  Subsection 35.1 (2) of the Act is amended by striking out “transportation of tobacco products or tear tape and is convicted of an offence for doing so under subsection 9.1 (4), 9.2 (4), 31 (2), 34.1 (4) or 35 (2.0.1)” in the portion before clause (a) and substituting “transportation of fine cut tobacco or tear tape and is convicted of an offence for doing so under subsection 9.2 (4) or 31 (2)”

      (16)  Section 35.1 of the Act is amended by adding the following subsection:

Court may order suspension of driver’s licence, ss. 9.1 (4), 31 (2) or 35 (2.0.1)

(2.1)  If a person uses a motor vehicle for the unauthorized delivery or transportation of tobacco products and is convicted of an offence for doing so under subsection 9.1 (4) 31 (2) or 35 (2.0.1), the court shall, on sentencing the person, in addition to any other penalty that may be imposed, order the Registrar of Motor Vehicles to suspend the person’s driver’s licence for a period of,

(a)    on a first conviction, not more than one year; and

(b)    on a subsequent conviction, not less than one year.

COMMENCEMENT AND SHORT TITLE

Commencement

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

Short title

  1. The short title of this Act is the Smoke-Free Schools Act, 2015.

 

 

 

 


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