1. hobbies and interests
2. cigars

Tobacco Vendor
Training Manual
19
NO ID = NO TOBACCO
DURHAM
REGION
HEALTH
DEPARTMENT
June 2010
DURHAM
REGION
Durham Region Health Department
101 Consumers Drive, 2nd Floor,
Whitby, ON L1N 1C4
905-723-3818 ext. 2188
Toll-Free: 1-888-777-9613 ext. 2188
FAX: 905-666-1887
HEALTH
DEPARTMENT www.durham.ca
Tobacco Vendor Training Manual
The Smoke-Free Ontario Act came into effect May 31, 2006. The SFOA prohibits
smoking in enclosed workplaces and enclosed public places in Ontario and places
restrictions on the promotion and display of tobacco products.
Your participation in the overall strategy is crucial to reduce the use of tobacco by
underage youth and to prohibit the sale of tobacco to minors. Establishing a
reputation of refusing sales of tobacco to those under the age of 19 not only reduces
illegal purchase attempts but will also protect your business and staff.
This manual provides you with important information to assist you and your staff to
comply with the Smoke-Free Ontario Act. We encourage all owners/operators to use
this manual as part of your training program for all new and existing employees. We
strongly recommend that all owners/operators use this manual regularly to reinforce
the knowledge and understanding of the requirements of the Smoke-Free Ontario
Act. At the end of this manual there are helpful tools and information on how to
document the consistent training of your staff.
The Ministry of Health Promotion has provided SFOA Fact Sheets for tobacco vendors
in different languages. SFOA Fact Sheets are available in the following languages
English, French, Bengali, Gujarati, Korean, Mandarin-simplified and Urdu. Should you
require any of these Fact Sheets, additional signage or supplies or would like to
register for a free upcoming Retailer Training Session, please contact the Durham
Region Environmental Health Department helpline at:
Local: 905-723-3818 ext. 2188 or Toll-Free: 1-888-777-9613
www.durham.ca
es
t
t
e
gar uth in
i
c
eep our yo n!
k
p
Hel from Regio
m
ay
aw Durha
Tobacco Vendor Training Manual
Introduction
Introduction
Things You Need to Know ............................................................................................................. 2
Frequently Asked Questions ......................................................................................................... 4
Responsibilites of Employers/Proprietors.................. .............................................................. 6
Acceptable I.D. .................................................................................................................................... 8
What to Look for in an Ontario Driver’s Licence..................................................................... 9
Ontario Health Card.......................................................................................................................... 10
Unacceptable Forms of I.D. ........................................................................................................... 11
Tips - Recognizing False Identification ...................................................................................... 12
Checking Photo I.D. ........................................................................................................................... 13
Mandatory Signage .......................................................................................................................... 14
Prohibition Order .............................................................................................................................. 15
Enforcement of Tobacco Display Ban ........................................................................................ 17
Tobacconist .......................................................................................................................................... 19
Improperly Packaged Tobacco...................................................................................................... 20
Federal Restrictions - Canada Tobacco Act.............................................................................. 22
Smoke-Free Ontario Act - Fines.................................................................................................... 23
Instructions for Training Your Staff ............................................................................................. 24
Useful Links .......................................................................................................................................... 25
Condition of Employment Form .................................................................................................. 26
Sample of Pay Cheque Reminder ............................................................................................... 27
Tobacco Retailer Quiz (Questions)................................................................................................. 28
Tobacco Retailer Quiz (Answers).................................................................................................... 29
Employee Sign-Off Sheet................................................................................................................. 30
Tobacco Reminder - Daily Log Sheet.......................................................................................... 31
Tobacco Vendor Training Manual
Table of Contents
Table of Contents
Things You Need To Know...
Things You Need To Know...
It is against the law to sell or supply tobacco to anyone who is under
19 years old.
Tobacco Products
Tobacco products include
(but are not limited to):
Cigarettes
Pipe tobacco
Snuff (chewing tobacco)
Whole leaf tobacco
Cigarillos
Cigars
Loose tobacco
Snus
Bidis
You must ask for I.D. for any of these products.
Apparent Age
You are required to request proof of age 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.
Packaging
CANADA DUTY PAID - DROIT ACQUITTÉ - ONTARIO
You can not offer single cigarettes or "kiddie" packs for sale. The Smoke-Free
Ontario Act states that "cigarettes must be sold or distributed in packages of at
least 20 cigarettes or such greater number as prescribed by regulation." Sale of
loose or repackaged tobacco is strictly prohibited.
Display
You can not display tobacco products in a retail store. Customers are not permitted
to see or handle cigarettes or other tobacco products prior to purchase. The brief
time it takes an employee to open and close the storage device and transfer the
product to a customer is not considered an offence under section 3.1(2) of the
SFOA.
2
Tobacco Vendor Training Manual
Things You Need To Know...
Promotion Restrictions
You can not promote any material that reflects a particular brand of tobacco
product.
Some examples are:
Decorative panels and backdrops associated with particular brands
Backlit or illuminated panels
Promotional lighting
Three-dimensional exhibits
Matches or lighters with tobacco company brand name or logo can not be
visible to the customer.
Promotion of tobacco products outside your store is prohibited.
100% Smoke-Free
You must ensure the entire premise is smoke-free at all times. No Smoking
signs must be posted at all entrances/exits, washrooms and other appropriate
locations to ensure that everyone knows that smoking is prohibited.
3
Tobacco Vendor Training Manual
Frequently Asked Questions
Frequently Asked Questions
1. How old does a store employee have to be to sell tobacco?
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.
2. Can I accept out-of-province or foreign country I.D.?
Yes. Out-of-province I.D. is acceptable. Remember that the I.D. must be
government issued with a picture and a date of birth. If in doubt, ask for a
second piece of government issued I.D.
3. What should I do if a person shows me a prescribed I.D. but the photo
doesn't look like him/her?
Do not sell! Ask for another government-prescribed identification. The I.D.
could be false. If in doubt, ask for a second piece of I.D.
4. Can I sell tobacco to a person who looks over 19 years old?
No. Check I.D. Under the Smoke-Free Ontario Act, you are required to request
I.D. of any person who appears to be less than 25 years old and be satisfied
that the person is at least 19 years old.
5. Can I sell single cigarettes?
No. Under the Smoke-Free Ontario Act, it is against the law to sell cigarettes in
packs of less than 20. You may be charged! Remember, all tobacco products
must be sold in the original manufacturer's sealed packaging.
6. How old must a customer be to purchase matches or lighters?
There is no minimum age for selling matches or lighters. However, as a Health
Department, we do not recommend this, as kids can be seriously injured from
playing with these items. Most stores will keep the same age restriction to 19
years old.
7. How old must a customer be to purchase rolling papers?
Under the Federal law, a person must prove that she/he is at least 18 years old to
buy rolling papers. Again, most stores will follow a store policy that is the same
as tobacco sales.
4
Tobacco Vendor Training Manual
Frequently Asked Questions
Frequently Asked Questions
8.
Can I have a humidor that is locked on my counter?
Yes. A humidor can be placed on your counter provided that the tobacco
products cannot be viewed by the customers prior to purchase. The humidor
must also be locked at all times. Only the clerk is allowed to unlock the
humidor.
9.
Can I display a sandwich sign outside my store to promote the cost of
cigarettes?
No. Under the Smoke-Free Ontario Act you cannot place an outside sign that
promotes the sale of tobacco products.
10. Can I change the current name from “Mr. D. R. Variety” to “Mr. D.R. Tobacco
Variety”?
No. Under the Smoke-Free Ontario Act you cannot promote tobacco using
words such as tobacco, cigars, and cigarettes in any manner outside your
premises. Similarly, any signage promoting tobacco inside must not be visible
from the exterior of your premises.
11. One of my employees got caught selling tobacco to a minor during a
Health Department Enforcement check. Am I responsible?
Yes. Under the Smoke-Free Ontario Act “Vicarious Liability” Sect. 3 (4), the
owner of the business where tobacco is sold is responsible if any of his/her
employees sells tobacco to anyone under the age of 19. Therefore, the owner
and the clerk may be charged unless they can prove that they have exercised a
satisfactory level of due diligence.
12. Can a store lose its privilege to sell tobacco if there are two or more
convictions for selling tobacco to anyone under 19?
Yes. Under the Smoke-Free Ontario Act prohibition may be imposed after two
convictions on the premise. You will be prohibited from selling, storing or
accepting delivery of tobacco for a minimum of 6 months. This includes
convictions of clerks and/or owners/corporation.
13. Can I purchase and/or accept Aboriginal / Native Reserve cigarettes from
an unregulated supplier at a reduced price for resale in my store?
No. All tobacco products must be packaged in accordance with the SmokeFree Ontario Act and Regulations. The packages must also contain an Ontario
duty-paid (yellow) stripe, Health Canada Warning, and be in the manufacturer's
original sealed packages or cartons. (Sect.5)
5
Tobacco Vendor Training Manual
Responsibilities of Employers/Proprietors
Responsibilities of Employers/Proprietors
Vicarious Liability - Section 3(4) of the Smoke-Free Ontario Act means store owners
are responsible for their own actions and the actions of their employees. Therefore the
owner of the business may be liable for any employee who sells tobacco to minors or
sells unmarked cigarettes.
Mandatory Responsibilites
Know the law! Set the tone in your store by showing that you are serious about
absolutely no tobacco sales to anyone under 19. When you prevent tobacco sales to
minors you are complying with the SFOA.
Ensure that all employees are aware that it is against the law to sell or supply
any tobacco to anyone under 19 years old.
Ensure that all employees ask for I.D. for anyone who appears to be less than 25
years old.
Ensure that all mandatory signs are posted inside the store.
Ensure that all employees understand that the law is being enforced by the
Durham Region Health Department Tobacco Enforcement Officers.
What Is Due Diligence?
Due diligence is the level of judgment, care, and activity that a person would
reasonably be expected to do under particular circumstances.
When applied to tobacco sales, due diligence means that employers shall
take all reasonable precautions to prevent tobacco sales to minors within
their premise.
Obligations for Due Diligence
Have a system in place for training your staff.
Use the training system on a regular basis.
Test your employees with your own test shoppers to make sure your system
is working.
Document all training and testing of your staff.
6
Tobacco Vendor Training Manual
Responsibilities of Employers/Proprietors
Tips For Tobacco Vendors
Develop and maintain tobacco in-house policies and
procedures for all employees.
Keep this resource manual in an accessible location
for all staff to refer to when necessary.
Incorporate your own system by hiring secret test
shoppers to test employees and check their
compliance. Document your tests. Reward
employees who pass and retrain employees who
fail. Test and maintain your training.
Install scanning system software that automatically
prompts the clerk to check I.D. when a tobacco
product is scanned.
If employees are on the phone, instruct them to hang up the phone when
serving a customer.
Remind employees that they have the right to refuse a sale and that they are
not required to sell tobacco to anyone.
Caution employees that they may be fined and disciplined if they sell to anyone
under 19!
PREVENT THE SALE, DO NOT FAIL! CHECK I.D. UNDER 25!
JUST REMEMBER!
ASK FOR GOVERNMENT ISSUED I.D BEFORE REMOVING TOBACCO FROM THE
SHELF.
ASK FOR I.D. FROM ANYONE WHO APPEARS TO BE LESS THAN 25 YEARS OLD.
BE FIRM AND CONSISTENT.
NO I.D = NO TOBACCO!
REVIEW TRAINING MANUAL ON A MONTHLY BASIS.
7
Tobacco Vendor Training Manual
Acceptable I.D.
Smoke-Free Ontario Act
Acceptable I.D.
It is against the law to sell or supply tobacco to anyone under the age of 19. A retailer must
ask for proof of age and a person buying tobacco must prove that they are 19 or older.
Under the law, all tobacco retailers must ask to see I.D.
from anyone who appears to be under 25 years of age.
In Ontario, retailers can only
accept I.D. that meets all three
of the following criteria:
Ontario Driver’s Licence
1. The I.D. was issued by a government.
2. The I.D. includes the person’s name and birthdate.
3. The I.D. includes a picture of the person.
LCBO Photo Card
Canadian Passport
Canadian Citizenship Card
Canadian Armed Forces I.D. Card
O.H.I.P. Card
Non-Acceptable I.D.
A retailer cannot accept I.D. that does not meet all three criteria listed above.
Example: Student cards (not issued by a government); birth certificate with no photo.
www.durham.ca
Adapted and reproduced with the permission of Niagara Region Public Health Department
February 2009
Additional Acceptable I.D. posters are available from the Durham Region Health
Department. Please call 905-723-3818 ext. 2188
8
Tobacco Vendor Training Manual
What to Look for in an Ontario Driver’s Licence
What to Look for in an Ontario Driver’s Licence
1. Must
match y
ear of bir
th
2. Must
match m
for male
onth of
birth
and add
50 for fe
3. Must
male.
match d
ay of bir
th
Must m
atc
of perso h first letter
n’s last
name
erson
atch p u
m
t
s
u
y
M
t of o
in fron
P9030-38478-45218
1984 02
18
Must match date of birth (Y/M/D)
Must show person is at least
19 years old.
Must m
atc
of perso h first letter
n’s last
name
erson
atch p
Must m nt of you
in fro
1. Must
match y
ear of bir
th
2. Must
match m
for male
onth of
birth
and add
50 for fe
3. Must
male.
match d
ay of bir
th
D6101 - 40708 - 60905
D6101- 40708 - 60905
1986/09/05
1986/09/05
Must match date of birth (Y/M/D)
Must show person is at least
19 years old.
Enhanced Security Features For New Ontario Drivers Licence
Laser engraved photo/signature/personal information
Raised lettering of licence's number, signature and date of birth
Fine-line background
2-Dimesional barcode
Micro and rainbow printing
Hidden ultraviolet ink printing that can only be seen under UV light
Holographic overlay
9
Tobacco Vendor Training Manual
Micro-text- "Province of Ontario" printed in the border of the Ontario logos
Holographic topcoat covers the full surface of the cards
Hidden ultraviolet ink printing that can only be seen under UV light
Ontario Health Card
Enhanced Security Features for New
Ontario Health Cards
NOTE: An Ontario Health Card with a hole stamped is NOT valid. The customer
must show a valid form of I.D.
Remember...
An OHIP card can be shown voluntarily as I.D. by a customer, but a retailer
cannot ask the customer to show an OHIP card.
10
Tobacco Vendor Training Manual
Unacceptable Forms of I.D.
Unacceptable Forms of I.D.
Birth Certificate (no photo)
Student Card (no birth date and
not government issued)
Transit Pass Card (no birth date
and not government issued
Library Card (no photo and
not government issued)
Employer Card (no birth date and
not government issued)
11
Tobacco Vendor Training Manual
Most fake I.D.'s have at least one of the following errors on them:
The photo does not match the appearance of the customer.
The hologram may be missing (referring to the Ontario Driver's Licence). In the United
States, holograms on government issued I.D. are related to the state; therefore, the
hologram should never say: Genuine, Valid, Secure, Authentic or any other
descriptive words.
The lamination is peeling or there are bubbles under the lamination.
The magnetic strip is laminated. NOTE: The magnetic strip is NEVER laminated.
The state seal or logo is missing or appears altered. (referring to U.S. Driver's Licences)
I.D. card is expired. The customer MUST also show a temporary card.
Does not match first
letter of last name
G
S
TIPS - Recognizing False Identification
TIPS - Recognizing False Identification
Birthdates have been
physically altered with ink.
NOT SURE? Ask for a second I.D. People with fake I.D. rarely carry back-up identification!
You have the right not to sell and the right to refuse a sale. Say “NO!” Be firm!
Consistently checking I.D. is one of the most important tasks of your business. You must
not rely on how the person looks. NO I.D. = NO TOBACCO! If the clerk makes the sale, this
will make you an easy target and will encourage underage youth to come to your store.
12
Tobacco Vendor Training Manual
Checking Photo I.D.
Checking Photo I.D.
Three Easy Steps for Checking I.D.
1. If a customer looks under 25 years of age, always ask for
government issued I.D.
2. Check the date of birth. To purchase tobacco the person must have been born
by today's date (19) or more years ago. For example, if the current year is
2011and the birth year is 1992, check today's date. If his/her birthday (month
and day) is before today's date, the person is 19 years old, you can sell! If his/her
birthday is after today's date, NO SALE!! If you are unsure, refer to the “Tobacco
Quick Age Check” Card provided by the Durham Region Health Department.
3. Look at the person and then look at the photo on the card. Does the photo
match the person? If he/she looks different, NO SALE!!!
Tobacco Quick Age Check
NO ID = NO TOBACCO
Government issued ID with photo & date of birth
Birth year
must be
Current year
2011
2012
2013
2014
2015
DURHAM
REGION
19
Today’s Date
or before
Today’s Date
or before
Today’s Date
or before
Today’s Date
or before
Today’s Date
or before
1992
1993
1994
1995
1996
Additional Tobacco Quick
Age Check Cards are
available from the Durham
Region Health Department.
Please call
905-723-3818 ext. 2188
Distributed by Durham Region Health Department
Tobacco Enforcement Officers
1-888-777-9613 ext. 2188
www.durham.ca
HEALTH
DEPARTMENT
Mar10
DID YOU KNOW?
OLG (lotto) machines can check Ontario Driver's Licences for
age verification. Please refer to your OLG manual for instructions.
Smoke-Free Workplace Enforcement Protocol
13
Tobacco Vendor Training Manual
All tobacco retailers must post the following mandatory signs:
I.D. Sign (Small)
Two signs must be posted, one facing the customer, one facing the clerk.
Mandatory Signage
Mandatory Signage
Age Restriction and Health Warning Sign (Large)
Must be posted where customers can easily see it.
Must be posted above or close to the tobacco storage device.
No Smoking Sign
Must be posted at all entrances and exits, and in other appropriate locations.
(e.g. washrooms, lunchrooms, company vehicles)
14
Tobacco Vendor Training Manual
Prohibition Order
Prohibition Order
Retailers can be subject to several penalties under the Smoke-Free Ontario Act. As
Retailers you are advised to familiarize yourself with offences that could result in a
prohibition that stops you from selling tobacco products.
Vicarious Liability - Section 3(4) of the SFOA means that store owners are
responsible for their own actions and the actions of their employees. Therefore the
owner of a business may be liable for any employee who sells tobacco to minors or
sells unmarked cigarettes.
Prohibition Orders may occur when a premise has received 2 or more
convictions within 5 years for tobacco sales to minors or for selling unmarked
cigarettes by the same individual or corporation.
A premise under a Prohibition Order will be prohibited from selling, storing, or
accepting delivery of any tobacco products for a period of time from 6 to 12
months, depending on the number of prior convictions.
During a Prohibition Order, all tobacco products must be removed from your
store. Any tobacco products stored on your property during a prohibition can
be seized and removed by Durham Region Health Department Tobacco
Enforcement Officers.
Penalties range from $300.00 to $100,000.00 for an individual and up to
$300,000.00 for a corporation.
Retailers are advised to review section 16(1) of the Smoke-Free Ontario Act to
understand more about this penalty.
15
Tobacco Vendor Training Manual
Prohibition Order
Sign that would be posted if there are two or more convictions for tobacco sales
to minors:
Sign that would be posted if there are two or more convictions for tobacco sales to
minors and/or for selling unmarked cigarettes:
16
Tobacco Vendor Training Manual
Enforcement of Tobacco Display Ban
Enforcement of Tobacco Display Ban
Display Ban - Sect. 3.1 (2)
All store operators must ensure that:
All tobacco products are not displayed or
stored in a manner that will permit a
consumer to view or handle tobacco prior to
purchase.
Tobacco products are not displayed during restocking of tobacco products or while
conducting inventory checks.
Purchase transactions allow only a brief time
between opening/closing a tobacco product
storage device or transferring product to consumer.
No promotion or enhancement of tobacco products. (e.g. Old Port display)
Any display violation may result in charges!
Restrictions On Promotional Signage - Sect. 3.1 (3)
Signs inside your store are permitted provided that the signs are to inform
customers of the price of tobacco products.
These signs must not be visible from the outside of the
premise.
Tobacco Advertising
Outdoor sandwich boards are not permitted.
is not permitted.
Promotion of tobacco products on advertising screens
is not permitted. (e.g. LCD TV's)
Dimensions Of Signs Inside Premise
Size of the sign should not exceed 968 square
centimetres. (150 square inches)
Sales signs must be black text and white
background.
Retailer may post a maximum of three signs
referring to prices of tobacco products and/or
tobacco product accessories.
17
Tobacco Vendor Training Manual
Small tags are permitted on the outside of tobacco product storage devices
in order to help a clerk locate the particular tobacco product(s) contained in
each storage device. Price information is not permitted on these
identification tags.
The tags must:
Use black type on a white background
Use letters up to 14 point type size
Not use logos or colour
Not be larger than 2 x 1 (5 cm x 2.5 cm)
Players light
Player’s
Prohibited Promotional Tobacco Accessories
Any tobacco accessories with tobacco company branding or promotion must be
stored out of view from customers.
Other tobacco product accessories may include:
Humidors
Pipes
Cigarette holders
Cigar clips
Rolling papers
Lighters
Matches
Enforcement of Tobacco Display Ban
Identifier Tags
18
Tobacco Vendor Training Manual
Tobacconist
Tobacconist
The Ministry of Health Promotion recognizes that some
businesses sell specialty tobacco products, therefore an
exemption to the retail display ban has been created.
In order to be classified as a tobacconist, a retailer must
register as a tobacconist with the Ministry of Health
Promotion. Certain criteria must be met before applying.
1. The specialty tobacco product sales must
account for at least 50% of the premise's total sales
in the previous 12 months or more.
OR
2. If the retailer has been in operation for less than a year, then at least 50% of
the retailer's total inventory purchases must consist of specialty tobacco
products.
Specialty Tobacco Products Do Not Include Cigarettes
All other provisions of the SFOA will apply to a Tobacconist, including restrictions on
the promotion of tobacco products and required signs for posting.
All proprietors of tobacconist retail stores must comply fully with the Smoke-Free
Ontario Act and Regulations:
1. There must be only one entranceway directly into premise. Customers
cannot enter the retail store from another store.
2. This retail store must not be a thoroughfare. Customers cannot enter this
premise by coming through another common area before entering. (e.g.
mall)
3. Person who is less than 19 years old cannot enter premise without the
accompaniment of a person who is 19 years or older.
A Registered Tobacconist is permitted to:
1. Display specialty tobacco products only.
2. Allow purchasers to handle specialty tobacco products prior to their
purchase. Note: The federal Tobacco Act has a prohibition on this practice, so
tobacconists would still have to comply with that law.
3. Specialty tobacco products do not include cigarettes.
Applications for registering as a Tobacconist are available at the Ministry of Health
Promotion website: www.mhp.gov.on.ca/english/health/smoke_free/legislation.asp
19
Tobacco Vendor Training Manual
Definition: Illegal tobacco products include any tobacco products that are not
regulated in accordance with Health Canada.
Legal Products
Legal tobacco products in Canada currently display the use of health warnings on
their cigarette packages. Packages are required to have a health warning covering
50% of the front and 50% of the back of the package. One side must be in English
and the other in French. There are 16 different health messages used on a
rotational basis which you will see displayed on the slide of the package and on the
insert.
Health Canada also does not permit the terms "light" or "mild" on the packaging.
Also, the carcinogens in the tobacco must also appear on the side of the package.
Tobacco packages bearing any other colour of tear tape (band) except yellow is not
permitted to be sold in Ontario. Duty-free tobacco has a peach coloured tear tape
(band). Peach band tobacco is sold on the reserves and in duty-free shops and
should not be in any other locations.
CANADA DUTY PAID - DROIT ACQUITTÉ - ONTARIO
Counterfit/Contraband Products
Illegal tobacco products may include but are not limited to:
counterfit DuMaurier or Player's, Putter's, DK's Native and
Native Lights, single cigarettes or loose tobacco packaged
in baggies (unmarked).
Improperly Packaged Tobacco
Improperly Packaged Tobacco
If you have been approached by an illegal distributor to
purchase this type of tobacco, call Durham Region Health
Department, Tobacco Enforcement at
905-723-3818 ext. 2188 or Crime Stoppers at
1-800-222-8477 (TIPS).
DO NOT ENGAGE IN THIS FORM OF ILLEGAL ACTIVITY!
Every legal supplier of tobacco products is registered with the Ministry of Revenue
as a tobacco wholesaler. You can check with the Tobacco Tax Registrant List at:
www.ontario.ca/revenue or call 905-433-6394.
If you have witnessed any illegal activity regarding the sale or supply of illegal
tobacco products please visit www.rcmp-grc.gc.ca.
20
Tobacco Vendor Training Manual
Improperly Packaged Tobacoo
Why You Should Not Purchase or Sell Counterfit/Contraband Tobacco Products
You may lose your ability to sell tobacco.
You may be charged or fined under Provincial and Federal Government laws.
Sale of illegal tobacco products can create an unfair playing field between
business owners.
There is no quality control for the manufacturers selling illegal tobacco;
therefore the tobacco products are not regulated.
You are supporting criminal activity.
Federal And Provincial Statutes
Excise Tax Act, 2001
The Customs Act
Tobacco Tax Act
Smoke Free Ontario Act
Canada Tobacco Act
Visit www.e-laws.gov.on.ca to review the Federal and Provincial Statutes.
21
Tobacco Vendor Training Manual
To purchase cigarette papers the customer must be a minimum of 18 years
old.
There is no age restriction on the sale of matches and lighters.
Vendors are not allowed to provide free promotional items with the
purchase of tobacco products. (e.g. free matches)
For more information contact Health Canada at:
Phone: 416-952-0929
Email: [email protected]
X
Federal Restrictions - Canada Tobacco Act
Federal Restrictions - Canada Tobacco Act
hes
e matc
No fre
22
Tobacco Vendor Training Manual
Smoke-Free Ontario Act - Fines
Smoke-Free Ontario Act - Fines
Maximum Fines for Selling Tobacco to Person Under 19
First Offence
Second Offence
Third Offence
Four or More Offences
Individual
$4,000
$10,000
$20,000
$100,000
Store/Owner/Operator
$10,000
$20,000
$50,000
$150,000
Maximum Fines for Not Posting Mandatory Signs
First Offence
Second Offence
Third Offence
Four or More Offences
Individual
$2,000
$5,000
$10,000
$50,000
Store/Owner/Operator
$5,000
$10,000
$25,000
$75,000
Maximum Fines for Smoking/Holding Lighted Tobacco in Public Place/Workplace
First Offence
Second Offence
Individual
$1,000
$5,000
Store/Owner/Operator
No Maximum
No Maximum
Set Fines
Offence
Set Fine
Total
(incl. Victim Fine Surcharge)
Selling tobacco to person
under 19
Not posting mandatory
signs
Smoking/holding lit tobacco
in public place/workplace
$300
$365
$200
$240
$250
$305
Victim Fine Surcharge and Court Costs subject to change.
All tobacco convictions will be posted on the main page of the
Durham Region website at www.durham.ca
23
Tobacco Vendor Training Manual
1.
You as the Owner/operator should read this Training Manual.
2.
Create a tobacco file for all employees. Keep all tobacco related documents in
these files.
3.
Have all employees that sell tobacco read this manual.
4.
Have all employees complete the Tobacco Retailer Quiz to test their
knowledge and understanding of the material they have read in this manual
on page 28.
5.
Verbally discuss with your employees the laws relating to the sales of tobacco
products.
6.
Have all employees read, sign and date the Condition of Employment Form
on page 26.
7.
Once all employees have read the Tobacco Vendor Training Manual have
them sign and date the Employee Sign-Off Sheet on page 30.
NOTE : The Durham Region Health Department recommends that
you complete steps 3-7 on a monthly basis.
8.
Teach your employees the 3 easy steps for checking I.D. Refer to I.D. section,
Tobacco Quick Age Check Card on page 13.
9.
You will find a sample of a Pay Cheque Reminder on page 27.
Instructions for Training Your Staff
Instructions for Training Your Staff
10. You will find a sample of a Daily Log Sheet to be used on a daily basis to
remind your staff of the laws in relation to the sale of tobacco on page 31.
REMEMBER
It is very important to keep documentation of all information related
to the training of your staff; this includes these quick reminder tools.
24
Tobacco Vendor Training Manual
Useful Links
Useful Links
Health Department HELP LINES
Durham Health Connection Line
(Prevention, Protection, Cessation)
Monday to Friday, 9:00 a.m. - 6:00 p.m.,
905-666-6241 or 1-800-841-2729
Environmental Help Line
(Information, Complaints)
Monday to Friday, 8:30 a.m. - 4:30 p.m.,
905-723-3818 or 1-888-777-9613 ext. 2188
DURHAM
REGION
HEALTH
DEPARTMENT
Ontario Ministry of Health Promotion
Smoke-Free Ontario Act
www.mhp.gov.on.ca
Ministry of Revenue
Tax Compliance and Regional Operations Branch, Audit and
Inspection, Tobacco Tax
1 866 ONT-TAXS (1 866 668-8297)
www.rev.gov.on.ca
Royal Canadian Mounted Police
Contraband Tobacco (905) 697-6000
www.rcmp-grc.gc.ca
Durham Regional Police CRIMESTOPPERS
Locally (905) 436-8477 or
Canada-wide Toll Free 1-800-222-8477 (TIPS)
www.durhamregionalcrimestoppers.ca
25
Tobacco Vendor Training Manual
CONDITION OF EMPLOYMENT FORM
Relating to the Sale of Tobacco Products
I understand that the Ontario Smoke-Free Act prohibits the sale of all tobacco products to any person under the
age of 19.
I understand that selling tobacco products to a person under age 19 may result in a maximum fine of $100,000.
I understand that my employer, ________________________________________________________________,
also prohibits the sale of tobacco products to persons under age 19, and requires that I check the photo
identification of anyone who appears to be less than 25 years old wishing to purchase tobacco.
I understand that smoking is prohibited inside these premises.
I further understand that failure to follow my company’s policy and rules concerning tobacco sales to anyone
under age 19 will result in the following disciplinary action:
(Employer should specify the disciplinary action(s) the company will take.)
I agree to the following rules and company policy about the sale of tobacco products.
I will not sell tobacco products to any person under age 19. I understand that a note or a phone call from a parent
or other adult is not acceptable to permit the sale of tobacco to a minor.
I will ask for photo identification and verify the age of anyone who wishes to purchase tobacco products. If there
is any doubt about the person being legally entitled to purchase cigarettes or other tobacco products, I will not
make the sale.
Employee’s Signature:
Date:
Employee’s Name:
(please print )
I have discussed the Smoke-Free Ontario Act and my company policy regarding the sale of tobacco products to
people under the age of 19 with the above-named employee. I believe that he or she understands the law,
penalties, company policy and disciplinary consequences associated with illegal sales.
I will support this employee’s judgment in refusing to sell tobacco products to anyone who fails to establish that
s/he is old enough to legally purchase tobacco in the Province of Ontario.
The employer and employee herein acknowledge and understand the employer will conduct test shops and
document results to ensure compliance is maintained by the employee in checking prescribed I.D to anyone less
than 25 years of age. Disciplinary action or retraining will follow upon a failed test shop.
Manager’s Signature:
Date:
Manager’s Name:
(please print)
This or any other agreement your company uses should be maintained in the worker’s personal file as part
of the permanent employment record.
Sample of Pay Cheque Reminder
NOTICE TO EMPLOYEES
IT IS AGAINST THE LAW IN ONTARIO TO SELL ANY TOBACCO PRODUCT TO INDIVIDUALS UNDER THE AGE OF
19. IF A PERSON ATTEMPTING TO BUY TOBACCO LOOKS UNDER 25 YEARS OLD, ASK FOR I.D. DO NOT GUESS
THE AGE; BE FIRM IN ASKING FOR I.D! HELP KEEP TOBACCO AWAY FROM OUR YOUTH IN DURHAM REGION!
VIOLATORS WILL BE FINED A MINIMUM OF $365 (INCLUDES VICTIM SURCHARGE) TO $100,000
Tobacco Buyers Must be Over 19
A pay cheque reminder is a small notice to employees that can be slipped into an
envelope with the pay stub or pay cheque. It is a quick and easy way of reminding
employees of the laws relating to the sale of tobacco products.
Tobacco Retailer Quiz (Questions)
1.
___ How old must a customer be before a clerk can sell him/her tobacco in
Ontario?
a) 18 years
2.
b) 18 years
b) 16 years
b) No
b) No
b) Three
d) Five
b) False
b) Yes
c) Do not know
___ Are the customers allowed to handle the tobacco product before they
purchase them?
b) No
c) Do not know
___ Can price tags be placed on the front of the tobacco storage device flaps?
a) Yes
12.
c) Four
___ Can you sell cigarettes in quantities less than 20?
a) Yes
11.
c) Only if they know the parent
___ I.D. is required for every customer who appears to be under the age of 25
for purchasing tobacco.
a) No
10.
c) Do not know.
b) False
a) True
9.
d) There is no age requirement
___ After how many convictions will a store lose its license to sell tobacco?
a) Two
8.
c) 18 years
___ Can both the clerk and the store owner be charged if the clerk sells
cigarettes to someone under 19?
a) Yes
7.
d) There is no age requirement
___ Under the Smoke-Free Ontario Act, there are 3 mandatory signs you must
post in your store.
a) True
6.
c) 19 years
___ Can items such as matches and lighters be sold to kids?
a) Yes
5.
d) There is no age requirement
___ How old must a store clerk be to sell tobacco products in Ontario?
a) 14 years
4.
c) 21 years
___ How old must a customer be before a store clerk can sell him/her rolling
papers?
a) 16 years
3.
b) 19 years
b) No
c) Do not know
___ Is an Ontario Health Card an acceptable form of I.D. for tobacco sales?
a) Yes
b) No
c) Do not know
Tobacco Retailer Quiz (Answers)
1.
___ How old must a customer be before a clerk can sell him/her tobacco in
Ontario?
a) 18 years
2.
b) 18 years c) 19 years
b) No
b) False
b) No
b) Three
b) Yes
c) Do not know
b) No
c) Do not know
___ Can price tags be placed on the front of the tobacco storage device flaps?
a) Yes
12.
b) False
___ Are the customers allowed to handle the tobacco product before they
purchase them?
a) Yes
11.
d) Five
___ Can you sell cigarettes in quantities less than 20?
a) No
10.
c) Four
___ I.D. is required for every customer who appears to be under the age of 25
for purchasing tobacco.
a) True
9.
c) Only if they know the parent
___ After how many convictions will a store lose its license to sell tobacco?
a) Two
8.
c) Do not know.
___ Can both the clerk and the store owner be charged if the clerk sells
cigarettes to someone under 19?
a) Yes
7.
d) There is no age requirement
___ Under the Smoke-Free Ontario Act, there are 3 mandatory signs you must
post in your store.
a) True
6.
c) 18 years
___ Can items such as matches and lighters be sold to kids?
a) Yes
5.
d) There is no age requirement
___ How old must a store clerk be to sell tobacco products in Ontario?
a) 14 years b) 16 years
4.
d) There is no age requirement
___ How old must a customer be before a store clerk can sell him/her rolling
papers?
a) 16 years
3.
b) 19 years c) 21 years
b) No
c) Do not know
___ Is an Ontario Health Card an acceptable form of I.D. for tobacco sales?
a) Yes
b) No
c) Do not know
Employee Sign-Off Sheet
Store Name:__________________________ Address:__________________________
Please ensure that everyone who works in your store has read and understands this
manual. Have all workers sign below.
Date
Name
Position
Signature
*Please make additional copies and add to Tobacco Vendor Training Manual
Tobacco Reminder - Daily Log Sheet
Store Name:_____________________________ Address:______________________________
The Smoke-Free Ontario Act prohibits the sale of tobacco to persons
under the age of 19. It is the law that you must ask for government issued
I.D. from anyone who appears to be less than 25 years old.
Date
Name
Time In/Out
Signature
*Please make additional copies and add to Tobacco Vendor Training Manual