Frequently Asked Questions
If you have a question pertaining to the Smoke Free Ontario Act, please check out our frequently asked questions below for answers to some commonly asked questions.
No. However, it is recommended you take the test to further test your knowledge and skills on the rules and regulations of the Smoke-Free Ontario Act (SFOA). Store Owners and Managers are responsible for training their employees on the responsibilities of selling tobacco products under the SFOA and are advised to keep employee training records.
No. However, it is recommended that you re-take the test so the Owner, corporation and/ or the Manager of the store have confidence that the person selling tobacco products has the skills and abilities required to sell tobacco products.
Creating a login provides the user the ability to stop and restart a test, access their certificate at a later date and the user can sign up to receive e-mail reminders that the test should be completed again in 6 months.
No. A maximum of three allowable signs are permitted only to inform customers that tobacco products are sold and/or the product price. These signs must:
- Use black text against a white background
- Not exceed 968 square centimeters
- Not identify a brand of a product containing tobacco
- Not be visible from outside the retail establishment
- Pipe tobacco
- Smokeless tobacco (Chewing tobacco and Snus)
- Any other product that contains tobacco
Yes. An Automatic Prohibition (AP) shall be applied after two or more registered convictions at the business location. An AP means that a store will lose the ability to sell, store, and accept delivery of any tobacco product. The length of the prohibition is 6, 9 or 12 months, depending on the number of convictions that take place in the 5 year period.
Any two convictions registered under section 3(1), 3(2), 5, 6, 7 and 16(4) of the SFOA and section 8 or 29 of the Tobacco Tax Act can be used to obtain an Automatic Prohibition.
Under the Smoke-Free Ontario Act an employee selling tobacco can be any age. However, the Ministry of Labour regulations under the Occupational Health and Safety Act set the minimum age of 14 years old to be eligible to work in Ontario workplaces.
No. However, it is highly recommended that you – the Owner and/ or Manager seek other training relating to the Smoke-Free Ontario Act. It is the responsibility of either the Owner and/ or Manager to train their employees.
No. Tobacco accessories may not be displayed if they promote a brand of tobacco. This includes lighters, matches and other tobacco accessories.
The Federal Tobacco Act restricts the sale of rolling papers and customers must be 18 years old to purchase. For further information please contact the Ministry of Finance.
An electronic cigarette (e-cigarette) is not captured by the Smoke-Free Ontario Act unless the product contains tobacco.
For more information on the import, marketing and sale of electronic cigarettes please contact Health Canada.
Yes. Under the Smoke-Free Ontario Act, section 3(4) “Vicarious Liability” means that a store owner can be charged and convicted for the actions of their employees, unless the owner is found by the Court to have exercised due diligence.
May 29, 2017 | Electronic Cigarettes
January 08, 2017 | Electronic Cigarettes
January 18, 2016 | Electronic Cigarettes
November 20, 2014 | Regulations