Disclaimer Regarding Automatic Prohibition
Prospective buyers of tobacco retail dealer premises are strongly encouraged to contact the local public health unit to confirm premise conviction history. A premise with two or more convictions against the owner at that address is subject to a Notice of Prohibition Against the Sale, Storage and Delivery of Tobacco Products (known as an automatic prohibition or “AP”).
Section 16 of the Smoke-Free Ontario Act (SFOA) states that upon becoming aware that there are two or more convictions against any person for tobacco sales offences committed at the same place within a five year period, the Ministry of Health and Long-Term Care (MOHLTC) 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 MOHLTC accepts requests from public health units for automatic prohibitions where owner(s) of the business was/were convicted on two occasions rather than employees. The SFOA convictions report published on public health units’ websites lists all owner related tobacco sales convictions that are eligible for an automatic prohibition.