The final decision about an owner or operator's due diligence will be made in a court of law. We use cookies to give you the best possible experience on our website. Here are some responses a clerk can say when confronted by a "pushy" minor. Cigarettes may only be sold in packages that have at least 20 cigarettes in them. Also included is a list of questions most frequently asked by retailers and the answers as they pertain to BC. Calculating the age of a customer from the date of birth can be confusing. For providing training to all employees who sell tobacco. These policies and procedures will protect the youth in your community from access to tobacco products, and at the same time will guide you and your employees through the correct ways to sell tobacco products. It is illegal to provide tobacco to anyone under 19; Tobacco products may not be furnished to a young person in a public place; In a retail establishment where minors have access, tobacco products and promotional items cannot be displayed; Where minors can enter a store, tobacco displays must be hidden from view between every sales transaction; In an age-restricted establishment, tobacco products may be displayed provided they are not visible outside; Tobacco products cannot be sold in public sector buildings such as health, hospital, government, recreational; All tobacco retailers must prevent minors from seeing and accessing their tobacco products and promotional items. Developing company Policies and Procedures on how to train and monitor staff on handling the sale of tobacco products are the most important decisions you will make. Minor Decliner’s Age Verification Scanner Prevents Fines for Selling Cigarettes to Minors Our age verification scanner system is specifically designed to solve this problem. Abstract In 1994 the Ontario government passed one of the world's toughest packages of antitobacco legislation. Younger customers may try to change their IDs to appear older. Employee Signature: Date: Trainer Signature: Employer/Manager Signature: Please accept our apologies if we've offended you. If your store has been warned about selling a tobacco product to someone under 19, make sure all employees see the warning. Its purpose is to display the information as found on the form for viewing purposes only. In addition to the consequences listed above, retail dealers who violate the TTA could: Also, a retail dealer could be prohibited, by the Alcohol and Gaming Commission of Ontario, from selling lottery tickets. Employees should initial the warning and any other information distributed to show they have understood it. Many states don't have a minimum age to "sell" tobacco as long as you are legally employed. Cigarettes, tobacco sticks and loose tobacco marked with only the federal marking of “Canada Duty Paid” on peach colored stamps or tobacco marked for other jurisdictions cannot be sold in the Province of New Brunswick Tobacco Tax Act and Regulations or any provision relating to tobacco in any other Act. To keep the subject fresh, you might choose to review the signed agreement with each of your staff members quarterly. Outdated browsers lack safety features that keep your information secure, and they can also be slow. And as you hire new employees, set aside time to teach them the various policies and procedures. Native cigarettes are now a problem for Western provinces, too ... touting the economic benefits of selling tax-free cigarettes. Please contact the Health Canada Tobacco Control Program: Please contact your Tobacco Enforcement Officer at your local Provincial Health Authority or visit their website: Want to Quit Smoking? Returning Canadians, visitors to Canada, and people moving to settle in Canada are allowed to bring a limited amount of tobacco into Canada with certain restrictions. You must be over the age of 18 for any of these rules to apply, however, and you can only bring tobacco products for your own personal use. Keep an eye out for altered identification. You may need to refer to it at a later time. Notes are not allowed. Only sell cigarettes, cigarette tobacco, and roll-your-own-tobacco to customers age 18 or older. Have you developed a policy on discipline for employees who sell to minors or fail to ask for photo identification from customers who appear 25 years of age or under? All tobacco retailers are required by law to display these signs. undermines Ontario's Smoke‑Free Strategy aimed at reducing smoking rates and protecting kids and youth from the dangers of smoking. Are employees supervised on a regular basis? Remember: If you furnish a tobacco product to someone under 19 ... you could be fined and lose your job. If they look different - then refuse to sell. We can be fined or lose our licence for selling to someone under 19 years of age. A Health Warning sign displayed so customers can clearly see it when they purchase tobacco. For enquiries, contact us. It is your responsibility to maintain the signs, ensuring they are visible and readable in your store at all times. It is required by law for retailers of the vaping industry in Ontario to receive proper government approved identification from the customer … We thought it would be a good time to reinforce this knowledge. not sell tobacco products to a person less than 19 years old; require ID from anyone that appears to be less than 25 years old; post applicable health warning and age restriction signs; sell legal packages of cigarettes and fine cut tobacco that are marked with the ON DUTY PAID CANADA … Any five of the following: cigarettes, snuff, loose tobacco, cigars, little cigars, bidis, kreteks, chewing tobacco, pipe tobacco, leaves, tubes, tobacco itself, cigarette papers, filters, blunt wraps. Your staff members will look to you for guidance. Seizure and of entire tobacco inventory and penalty ranging from $5,000 to $10,000. No individual (including, but not limited to, a parent, a sibling, an aunt or uncle, or an adult friend or acquaintance) may purchase cigarettes for a minor. Any retailer who sells or gives tobacco products to anyone under 19 years of age is guilty of an offence and is liable for monetary fines and possibly prohibitions on conducting sales - increasing with each offence. ... Public consultations on new regulatory proposals. What is the minimum number of products in a package of cigarettes, little cigars and blunt wraps? Don't forget to change the stickers each year. And to whomever said they can also sell closed containers of alcohol, geez louise are they WRONG! "We have a policy in our store to photo ID anyone who looks under 25. A maximum of three signs per store are allowed to describe the tobacco products available and their price. Suspension Signs: When the retailer has been suspended as a result of, tobacco control and its legislation and regulations, to report a retailer for selling to minors. The ministry aims to review Notices of Objection in a timely manner. No. Retail dealers can see which wholesalers are registered by getting the current, keep, at their principal place of business, records and books of account for all tobacco product purchases and sales for seven years, not sell tobacco products to a person less than 19 years old, require ID from anyone that appears to be less than 25 years old, post applicable health warning and age restriction signs, sell legal packages of cigarettes and fine cut tobacco that are marked with the, creates unfair competition for tax‑compliant businesses and results in a loss of revenue to support important programs for Ontarians. In some cases, retailers have increased this to 30 and as high as 40. Give them information from this toolkit to study and, after a set amount of time, give your staff members a short quiz to test their understanding. violation of the TTA, related to marking or stamping of packages and possession of unmarked cigarettes. You can be charged and convicted even if the parent agrees to the sale. This HTML document is not a form. The following information provides you with some facts you will need to consider as you begin to create your own company policies and procedures. Federal and Provincial tobacco legislation in BC states that only the following pieces of government issued identification or documentation are acceptable to prove a person's age: Student cards are not acceptable as proof of age for tobacco purchases. Steve Tennant, vice-president of the CCSA, says the provinces should keep the laws making it illegal to sell tobacco to minors, but add new laws so enforcers can fine kids for smoking directly. Retailers can hire people under the age of 19 years to sell tobacco products; however, clerks cannot sell tobacco products to people under 19. Keep records of all one-on-one reviews with staff, including the date and details of the review, to ensure they understand the laws and store policies so there are no misunderstandings about tobacco sales. Tobacco retailers found selling contraband tobacco may be subject to penalties, fines, imprisonment, and may be banned from selling tobacco or lottery products. You can find Notice of Objection forms at ontario.ca/taxappeals or call the Ministry of Finance at 1‑866‑ONT‑TAXS (1‑866‑668‑8297). The following tips can help you say no firmly: Retail clerks are often challenged verbally by youth when they refuse to furnish tobacco products to a minor. For further information or for answers to your questions, please feel free to contact your Provincial Tobacco Enforcement Office: As an owner/operator of a retail establishment that sells tobacco products, one of your responsibilities is to stay current with changes to the legislation surrounding this subject in your province. Seizure and forfeiture of cigars and other tobacco products. Repeated violations of any or all of the above findings. Canada. Under no circumstances can customers handle tobacco products before they pay for them. Training is the only way to prevent tobacco sales to minors. prohibition from selling lottery tickets by the Alcohol and Gaming Commission of Ontario. Employee (If no name tag is visible, provide a description): Did the clerk sell a tobacco product to the shopper? What are the possible penalties for selling a tobacco product to someone who is under the age of 19? Across Canada, the sale of tobacco products to minors is restricted. that tobacco products cannot be sold to anyone under the age of 19; your province's legislation about not selling single cigarettes; asking for and examining ID from anyone who appears 25 years or under; the penalties for selling to minors (under 19 years of age); (If training has not included all of these, it is not complete.). It is only legal to furnish a tobacco product to a person 19 years of age or older in BC. How do you check your employees to be sure they do not sell tobacco products to anyone under 19 years of age? Keep track of your monitoring efforts using the simple form below or design a form that better suits your purposes. They must be sold in their original package of 20 or more. Retail dealers who held a vendor's permit under the Retail Sales Tax Act (RSTA) that was valid on June 30, 2010, are deemed to hold a tobacco retail dealer's permit. Repeated offences may result in suspension or cancellation of your Tobacco Retail Authorization (TRA) license. There are only two types of tobacco signs allowed by regulation in a store: point-of-sale signs and product-price signs. Training staff on the best and most efficient methods of retail may be a time consuming duty of owner/operators. Generally, by following the stricter standard, you should be in compliance with both laws. Not all identification is acceptable for use in the purchase of tobacco products. Is it store policy to require staff to ask for ID from customers who appear 25 years of age or under? Review store videos to watch staff as they sell, or are asked to sell, tobacco products. By recording any corrective action taken helps to prove you are diligent. Help them carry out their jobs by: Reviewing ways for them to say "No" to anyone who does not produce valid ID while remaining polite to your valued customers, Offering them tips on how to deal with troublesome customers, and. Look at the person, then look at the photo on the ID card. Do not allow employees to sell tobacco products until they are trained fully by experienced staff. Doing so may be a criminal offense. Hand out tobacco sales information and reminders with employees' pay cheques, every few months. Some retail centers have a policy or set guidelines where it states that you and all employees must ask for valid identification from any customer requesting tobacco that looks 25 or younger. Has the ID card been changed? The ministry is encouraging such retail dealers to apply for the tobacco retail dealer's permit as soon as practicable to ensure they hold a valid tobacco retail dealer's permit as of July 1, 2018. Economy Taxes One policy might be to make a final bank deposit every night before closing. "Due diligence" means doing everything reasonably possible to try to prevent such an offence from occurring. To obtain the most current version of this document, visit ontario.ca/finance and enter 3270 in the find page field at the bottom of the webpage or contact the ministry at 1 866 668-8297 (1 800 263-7776 for teletypewriter). It is the only way to ensure you and your business will not suffer the penalties levelled against tobacco retailers for breaking the law. Are they under 19? Education is key - the regulators of tobacco sales are committed to ensuring retailers in this province are equipped with the information that they need. Where identification is requested, the test shopper should observe if it is properly examined. Review the laws regarding tobacco sales with your employees to make sure they understand them and be very specific about the consequences for staff who do not follow store policy and the laws. Only government-issued photo identification is acceptable. You have the right to say no to anyone, including friends, who is asking you to break the law. Satisfactory compliance report with no consequences. The laws are very specific and you have much to lose if they are broken. Have employees signed a recent agreement to show they understand store policies and the Federal and Provincial tobacco legislation? Always check for a valid identification. There is one example in the image below. According to the study conducted by Ipsos Reid on behalf of Canada… A note, telephone call, verbal consent from a parent, guardian or friend is not acceptable. Refer to the sample of a. It is easiest to train others when you are an expert on the subject. All Canadian companies selling tobacco products are required to comply with several requirements, among which: requesting a proof of age to minors trying to buy tobacco; display signs related to the prohibition of selling tobacco to minors.

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