Tobacco, Vapour and Smoke Protocol

Disclaimer Regarding Automatic Prohibition

Prospective buyers of tobacco retail dealer premises are strongly encouraged to contact the local public health unit to confirm premises conviction history. A premises with two or more tobacco sales convictions against any owner (past or present) at that address within a five year period is subject to a Notice of Prohibition Against the Sale, Storage and Delivery of Tobacco Products (known as an automatic prohibition or “AP”).

Section 22 of the Smoke-Free Ontario Act, 2017 (SFOA, 2017) states that upon becoming aware that there are two or more convictions against any owner for tobacco sales offences committed at the same place within a five year period, the Ministry of Health (MOH) shall notify the owner(s) or occupant of the place that the sale, storage and delivery of tobacco products is prohibited at the place.

The MOH accepts requests from public health units for automatic prohibitions where owner(s) of the business was/were convicted of tobacco sales offences on two occasions. The SFOA, 2017 convictions report published on public health units’ websites lists all owner related tobacco sales convictions that are eligible for an automatic prohibition. Please note that automatic prohibitions do not apply to vapour products sales convictions.