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Bill 263, Health Protection and Promotion Amendment Act (Temptation Be Gone), 2021

Gélinas, France

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Status

Debates

Acts affected

Original

Bill 263 Original (PDF)

EXPLANATORY

NOTE

The

Bill amends subsection 96 (3) of the Health Protection and

Promotion Act to create a new regulatory power that permits the

Lieutenant Governor in Council to make regulations that regulate, restrict or

prohibit the sale or offering for sale of any food online.

The

Bill also adds three new subsections to

section 96 of the Health

Protection and Promotion Act that relate to the regulation, restriction

and prohibition of high fat, high sodium and high sugar foods.

Unless

regulations are made under the new regulation-making powers, the Minister

shall, on every anniversary of the day the Bill receives Royal Assent, table a

report in the Legislative Assembly that includes a detailed description of the

progress that has been made in developing the regulations, including any public

consultations.

Bill 263 2021

Act to amend the Health Protection and Promotion Act to permit the regulation,

restriction and prohibition of high fat, high sodium and high sugar food

Her

Majesty, by and with the advice and consent of the Legislative Assembly of the

Province of Ontario, enacts as follows:

(1) Subsection 96 (3) of the Health Protection

and Promotion Act is amended by adding the following clause:

(c.1) regulating,

restricting or prohibiting the sale or offering for sale of any food online;

(2) Section

96 of the Act is amended by adding the following subsections:

Regulation

under clause (3) (c) — high fat, high sodium and high sugar food at food

premises

(3.1) A

regulation under clause (3) (

c) may,

(

a) determine

what constitutes a high fat, high sodium or high sugar food;

(

b) regulate,

restrict or prohibit the display of high fat, high sodium or high sugar food on

or in food premises, including restricting or prohibiting the display of high

fat, high sodium or high sugar food at the entrances, exits, aisle ends and

checkout counters of food premises; and

(

c) regulate,

restrict or prohibit the sale or offering for sale of high fat, high sodium or

high sugar food on or in food premises, including,

(

i) restricting

or prohibiting the sale or offering for sale of high fat, high sodium or high

sugar food at the entrances, exits, aisle ends and checkout counters of food

premises, and

(ii) restricting

or prohibiting the sale or offering for sale of high fat, high sodium or high

sugar food using volume promotions or promotions offering free refills.

Regulation

under clause (3) (c.1) — high fat, high sodium and high sugar food online

(3.2) A

regulation under clause (3) (c.1) may regulate, restrict or prohibit the sale

or offering for sale of high fat, high sodium or high sugar food online,

including restricting or prohibiting the sale or offering for sale of high fat,

high sodium or high sugar food on the homepages or payment pages of websites.

Tabling

report in Assembly

(3.3) Unless

regulations are made under both clauses (3) (

c) and (3) (c.1) in respect of

regulating, restricting or prohibiting the display, sale or offering for sale

of high fat, high sodium or high sugar food, the Minister shall, on every

anniversary of the day the Health Protection and Promotion

Amendment Act (Temptation Be Gone), 2021 receives Royal Assent, table a

report in the Legislative Assembly that includes a detailed description of the

progress that has been made in developing the regulations, including any public

consultations.

Commencement

This Act comes into force on the day it receives Royal Assent.

Short

title

The

short title of this Act is the Health Protection and

Promotion Amendment Act (Temptation Be Gone), 2021 .

Date Bill stage Event Outcome Committee

March 11, 2021

First Reading

Vote

Carried

Debates and Progress

First Reading

March 11, 2021

Committee

Second Reading

Committee

Third Reading

Acts affected - Bill 263

Most Ontario public acts are available electronically; to view copies of the Acts to be amended by this bill visit e-laws

Health Protection and Promotion Act

Legislative Assembly of Ontario

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