Restrictions on the display of cigarettes and other tobacco products

• Countertop displays are prohibited.
• Customers are not allowed to handle cigarettes or other tobacco products prior to purchase.
• Between May 31, 2006 and May 31, 2008, cigarettes can be displayed only in individually wrapped packages. No other tobacco products may be displayed.
• As of May 31, 2008, no cigarette packages may be displayed.

Any kind of promotional material that reflects a particular brand of tobacco product is prohibited. Some examples of prohibited displays are:

• Decorative panels and backdrops associated with particular brands (often referred to as “power walls”)
• Backlit or illuminated panels
• Promotional lighting
• Three-dimensional exhibits
• Signs can be used only to notify customers of product price.
• Sales signs must be black and white.
• The text of a sign must not be visible from outside the retail establishment.
• A retailer may post a maximum of three signs referring to tobacco products and/or tobacco product accessories.

All retailers of cigarettes and tobacco products must post: Retailers must post age restriction and health warning signs at any location where tobacco is sold or supplied in a place where the sign is clearly visible to the person who sells or supplies the tobacco and to the person to whom the tobacco is sold or supplied.

Retailers must post Government I.D. required signs at any location where tobacco is sold or supplied in a place where the sign is clearly visible to the person who sells or supplies the tobacco and to the person to whom the tobacco is sold or supplied.

Apparent Age
Before selling tobacco to any person who appears to be less than 25 years old, a retailer must request identification and be satisfied that the person is at least 19 years old. Acceptable identification must include a photograph of the person wanting to purchase the tobacco product, together with a statement of the person’s date of birth, and it must reasonably appear to have been issued by a government.

Owners are responsible for the actions their employees who sell tobacco to those under 19 years of age.

A retailer convicted of tobacco sales on two or more occasions for contravention of the sales to minors provision in the Smoke-Free Ontario Act or the sale of unmarked cigarettes provision of the Tobacco Tax Act is prohibited from selling, storing or accepting delivery of tobacco. This is referred to as an “automatic prohibition.” The prohibition period ranges from six to 12 months, depending on the number of prior convictions. A significant change in the Act is the idea of vicarious liability. An owner will face an automatic prohibition if a conviction is received at the same address on two or more occasions. The offence does not have to be committed by the same person.



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