Automatic Prohibition (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.
Under the Smoke-Free Ontario Act, an Automatic Prohibition is issued when there are two or more registered convictions against any person for tobacco sales offences committed at the same place within a five year period.
Automatic Prohibitions could be issued based on convictions against multiple owners (past and present). This applies to convictions registered against the owner/corporation and/or employees at the business location (e.g. same address).
Examples of Tobacco Sales Offenses registered convictions are:
- Sale or supply to minor
- Improper display
- Improper packaging
- Improper tobacco tax stamp
- Absence of three required signs
Read more about Penalties.
Under section 16 of the SFOA, the Minister of Health and Long-Term Care is required to send a notice of prohibition to a tobacco retailer upon becoming aware that there are two or more registered convictions of tobacco sales offences committed by any person at the tobacco retailer’s place of business within a 5 year period.
During the term of the prohibition, no person is permitted to sell or store tobacco at the place of business and no wholesaler or distributor is permitted to deliver tobacco or have it delivered to the place of business.
An Automatic Prohibition shall be applied to a business location (e.g. same address) when there are two or more registered convictions against any person within a five year period.