Acts and Regulations

2021-85 - Tobacco and Electronic Cigarette Sales Act

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NEW BRUNSWICK
REGULATION 2021-85
under the
Tobacco and Electronic Cigarette Sales Act
(O.C. 2021-280)
Filed December 9, 2021
1New Brunswick Regulation 94-57 under the Tobacco and Electronic Cigarette Sales Act is amended by adding after section 2 the following: 
Application for licence
2.1(1)An application for a licence shall provide the following information and be accompanied by the following documents:
(a) concerning the applicant and any authorized representative, the person’s
(i) name,
(ii) mailing address,
(iii) telephone number, and
(iv) e-mail address;
(b) the date of birth of the applicant;
(c) concerning the vapour shop,
(i) the name,
(ii) the mailing address,
(iii) the civic address,
(iv) the telephone number,
(v) the intended dates and times of operation, and
(vi) the type of products to be sold or offered for sale at retail;
(d) documentation indicating that the applicant has sufficient training, knowledge and experience to operate the vapour shop in accordance with the Act and the regulations;
(e) documentation detailing the training that has been or will be provided to employees, and indicating that the employees have or will have sufficient training, knowledge and experience to operate the vapour shop in accordance with the Act and the regulations; and
(f) a statement by the applicant indicating that the applicant agrees to comply with standards and requirements for responsible retail sales established in accordance with the Act and the regulations.
2.1(2)The Minister shall not issue a licence unless the Minister has received a copy of a report from an inspector, made within the preceding three weeks, which indicates that the vapour shop complies with the Act and the regulations.
2.1(3)Subsection (2) does not apply to a renewal of a licence.
Fees
2.11(1)The fee for an initial application for a licence or an application to renew or reinstate a licence is $100.
2.11(2)Despite subsection (1), in the case of an initial application for a licence or an application to reinstate a licence, the fee shall be reduced by
(a) 25% for a licence issued or reinstated between July 1 and September 30, inclusive,
(b) 50% for a licence issued or reinstated between October 1 and December 31, inclusive, and
(c) 75% for a licence issued or reinstated between January 1 and March 31, inclusive.
2.11(3)The fee for an application to renew a licence is payable on or before March 31.
Licence
2.2A licence shall indicate the following information:
(a) the name of the licence holder;
(b) the name and civic address of the vapour shop;
(c) the term of the licence; and
(d) any terms and conditions imposed on the licence.
Term
2.21A licence expires on March 31 of each year.
Renewal
2.3 A licence holder who applies to renew a licence shall, at the time of application for renewal, confirm that all of the information provided and documentation accompanying the initial application or any subsequent application are accurate.
Updating of information
2.4The applicant or licence holder, as the case may be, shall update the Minister no later than five business days before any change to information or documentation that accompanied the initial application or any subsequent application.
Period of suspension
2.5The maximum period that a licence may be suspended is 45 days.
Prescribed Acts
2.6The Smoke-free Places Act is prescribed for the purposes of sections 2.051 and 2.08 of the Act.
Appeal not a stay of decision
2.7An appeal of a decision made under the Act shall not operate as a stay of the decision being appealed.
Display of licence
2.8A licence holder shall display the licence in the vapour shop so that customers can easily see and read the licence.
Employee records
2.9A licence holder shall maintain a record of the name and date of birth of each employee and the training the employee has completed.
2This Regulation comes into force on January 4, 2022.