January 2019 Board Meeting - SFOA Update Information Report

Prepared By:

Eric Nadalin, Manager, Chronic Disease and Injury Prevention 

Date:

January 9, 2019

Subject:

Smoke-Free Ontario Act 2017 – Updated Regulations for Tobacco and Smoking in Ontario

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 in order to update smoking and vaping laws in Ontario and address emerging smoking products which continue to come to market. The new Smoke-Free Ontario Act 2017 (SFOA 2017) was set to come into effect on July 1, 2018 but was delayed and revised with the introduction of a new provincial government. After revisions were applied, the Act ultimately came into effect on October 17th to align with the federal legalization and provincial regulation of cannabis. The resulting SFOA 2017 repealed the previous SFOA and the Electronic Cigarettes Act, 2015 (ECA) combining the two Acts under one singular legislative framework.

Places of Use

The SFOA, 2017 prohibits the smoking of tobacco or cannabis and the vaping of any substance 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, further protects Ontarians from second hand smoke and vapour by prohibiting the smoking of tobacco or cannabis and the vaping of any substance 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. Enforcement of SFOA 2017 prohibitions related to places of use is the responsibility of the Windsor-Essex County Health Unit’s Tobacco Enforcement Officers, in addition to police services and any other provincial offenses officer authorized by the Ministry of Health and Long-term Care.

Display and Promotion

The SFOA, 2017 also prohibits the display of vapour products, branded tobacco product accessories, and the display and promotion of tobacco products 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 are new and specific to SFOA 2017.

Registration of Tobacconists and Specialty Vape Stores

Regulations under the SFOA 2017 also require the registration of Tobacconists and Specialty Vape retailers with the Windsor-Essex County Health Unit on an annual basis in order to operate under an exemption to the display and promotion restrictions described above. Prior to the passing of the SFOA 2017, these businesses registered with the Ministry of Health and Long-term Care and public health units were notified of the exemption for businesses which were located in their regions.

A tobacconist is a business which primarily sells specialty tobacco products and tobacco product accessories (e.g., cigars, pipes, humidors). These businesses are permitted to display and promote specialty tobacco products inside their stores if a minimum of 85 per cent of the store's revenues or inventory is dedicated to speciality tobacco products. The remaining 15 per cent of store's revenue/inventory can be dedicated to items associated with the use of tobacco (e.g., cigar clips, humidors, pipes, etc.) or branded with the name of the tobacconist or a brand of tobacco. Additional conditions which must be met in order to operate under a tobacconist exemption are:

• Specialty tobacco products and promotional material must not be visible from outside the place of business of the tobacconist at ay time of day.
• The retailer must not permit someone under 19 years old or appears to be under the age of 25 (without proper identification) to enter their store.
• Customers can enter the store only from the outdoors or from the areas of an enclosed shopping mall.
• The place of business of the tobacconist must be a building or located within a building.
• The store is not a thoroughfare (e.g., passageway).
• Required signage is posted.

A specialty vape store is a business which primarily sells electronic cigarettes, component parts, or associated products and substances (e.g., e-juice). These businesses are permitted to display and promote specialty vape products as well as allow customers to view, handle, and sample vapour products prior to purchasing them. Similar to tobacconists, specialty vape stores are required to have vapour products account for a minimum of 85 per cent of the stores total sales or inventory with the remaining 15 per cent consisting of items associated with a vapour product or brand of vapour product (e.g., batteries, coils, chargers, etc.). Additional conditions which must be met in order to operate under a specialty vape store exemption are:

• The retailer must not permit someone under 19 years old or appears to be under the age of 25 (without proper identification) to enter their store.
• The place of business must be a building or located within a building.
• Customers can enter the store only from the outdoors or from the areas of an enclosed shopping mall.
• The place of business must be a building or located within a building.

• No more than two patrons are permitted to sample a vapour product within the store at any given time.   

Current Initiatives

Prior to the implementation of the SFOA 2017, the health unit connected through formal letter and an offer to provide further education to relevant effected stakeholders (i.e., municipalities, school boards, bar/restaurant owners, e-cigarette retailers). More specifically, meetings were held with municipal recreation and facilities administrators to educate them on the impact that the Act will have on their facilities, sporting areas, parks and playgrounds and the interaction of the new regulations with existing smoke-free outdoor space bylaws.

Written and in person support to vendors who sold e-cigarettes, as well as tobacconists, and speciality vape shops was provided to provide guidance on how to comply with the new Act. Restaurant and bar owners and operators were notified of the restrictions around smoking within 9 metres of patios and the scope of their role in ensuring compliance. Local school boards were notified through the public health school board liaison committee in which all boards were provided education and enforcement expertise regarding the prohibition of smoking/vaping within 20 metres of school property.

Owners of medical cannabis vape lounges were informed that their current operations were not compliant with SFOA 2017 and these businesses have since ceased all non-compliant operations. A media release was distributed to provide information to the general public on the new regulations and how they can comply.

Following the introduction of the Act, the Chronic Disease and Injury Prevention department staff continue to review existing board resolutions, education materials, web content, and outreach campaigns to ensure they are revised to reflect the changes under the new SFOA 2017. In particular, the resolutions related to smoke-free multi-unit dwellings and smoke-free outdoor spaces require revisions in order to include new language which encourages the restriction of electronic cigarette use and the smoking of cannabis. In addition, signage has been ordered from the Ministry of Health and Long-term Care to support local businesses in meeting their requirement of posting signage in all enclosed workplaces and indoor public spaces. This ministry-provided signage will be given to every enclosed workplace and public place free of charge through the health unit.

In addition to informing relevant stakeholders like municipalities, school boards, and bar/restaurant owners, staff within the Chronic Disease and Injury Prevention Department have established a process which notifies existing tobacconists and speciality vape stores of their requirement to register with the Windsor-Essex County Health Unit. In particular the owners and operators were notified of this new requirement through the in-person delivery of a registration package by a Tobacco Enforcement Officer.

The package included:

• A formal letter signed by the manager of the Chronic Disease and Injury Prevention Department.
• A Fact Sheet describing the new regulations and their requirements to comply.
• The registration paperwork (provided by the Ministry).
• Contact information for the manager of Chronic Disease and Injury Prevention for further questions.

The deadline for the submission of all paperwork required to register was established by the Windsor-Essex County Health Unit as January 31st, 2019. This deadline was later supported by the Ministry of Health and Long-term Care and has since been applied province-wide.

The coming months will bring increased opportunity for public education on the prohibitions in outdoor spaces as the volume of use of these spaces increases with the changing seasons. The Windsor-Essex County Health Unit works with regional partners in order to make the best use of collective resources in educating the public on new regulations and will be working with partnering health units to develop an education campaign for residents.

References

Canadian Community Health Survey. (2014). Tobacco Informatics Monitoring System. Retrieved May 29, 2018, from http://tims.otru.org

Approved by:

 Theresa Marentette, CEO