**The information contained in the Out-of-Home Advertising Guidelines (the “Guidelines”) is being provided for general information purposes only. The information in the Guidelines does not constitute legal or other professional advice or an opinion of any kind. Readers are advised to seek specific legal advice by contacting their own legal counsel regarding any of the information contained herein including, but not limited to, legislative interpretation or specific legal issues.  OMAC does not warrant or guarantee the quality, accuracy or completeness of any information provided.  Moreover, the information in the Guidelines that refers to third party information, including but not limited to government legislation, should not be relied upon as accurate, timely or fit for any particular purpose. Stated simply, readers should consult their legal counsel before undertaking or accepting any advertising to ensure legal obligations and interpretations are accurate.

Tobacco law is governed federally however provinces and municipalities may enact their own bylaws. Where there is a conflict between a provision of federal Act and a provision of a provincial bylaw that regulates, restricts or prohibits smoking, the more restrictive provision prevails. In most cases provincial statutes do not address general media advertising but detail from the corresponding Act follows for your information.

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• Governed by the Ontario Ministry of Health & Long-Term Care, Smoke Free Ontario Act
• No person shall, in any place where tobacco products are sold or offered for sale, promote the sale of tobacco products through product association, product enhancement or any type of promotional material, including, but not limited to,
  • Decorative panels and backdrops associated with particular brands of tobacco products;
  • Backlit or illuminated panels
  • Promotional lighting
  • Three-dimensional exhibits
  • Any other device, instrument or enhancement

No other reference to general advertising or OOH specifically is detailed. Federal regulations should be followed.

For the complete Smoke Free Ontario Act, visit:
http://www.health.gov.on.ca/english/public/updates/archives/hu_05/smoke_free_ontario_act.pdf


Amendments current as of May 2006
Date of OMAC update: November 2009