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Under section 12 of the Tobacco Sales Act, the Lieutenant-Governor in Council makes the following Regulation:

1This Regulation may be cited as the General Regulation - Tobacco Sales Act.

2In this Regulation

“Act” means the Tobacco Sales Act;

“promotional material” means any sign or exhibit that displays a tobacco brand-name or trademark or that displays a corporate name that incorporates a tobacco brand-name or trademark;

“red” means colour code number PMS 032 or C0/M100/Y100/K0;

“tobacco display” means any display of tobacco products with each separate surface of the display facing potential purchasers of tobacco products considered to be a separate display;

“yellow” means colour code number PMS 012.

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3The signs required to be displayed under section 3 of the Act shall have the form, size and content required under section 4 and be displayed in the manner and places set out in sections 4, 5 and 6.

4(1)A Type A sign shall

(a) have a total surface area of not less than 406.5 cm2 and minimum dimensions of 17.75 cm by 22.86 cm,

(b) display the message set out in Schedule A in the form set out in Schedule A such that

(i) the message is legible and centred horizontally in a red-bordered frame (2.54 cm high by 22.86 cm wide) along with a colour photograph and colour logo of sponsoring organizations,

(ii) the headings in English and French “It’s against the law. C’est contre la loi.” are set in black 80 point Franklin Gothic Demi Extra Compressed type,

(iii) the English and French versions of the following sentences are set out side by side in black 20 point Franklin Gothic Demi Extra Compressed type on a colour background:

(A) It is illegal to sell tobacco to minors (under 19 years of age) or buy it on their behalf.

(B) Il est illégal de vendre du tabac aux mineurs (moins de 19 ans) ou de leur en acheter.

(iv) the heading “1 800 222-8477” appears in white 64 point Franklin Gothic Heavy type along with a logo of Crime Stoppers/Échec au crime on the left within a red bar, and

(c) be displayed

(i) at each customer entrance to the premises where tobacco is sold, or

(ii) within 2 metres of each location at which tobacco is sold in the premises,

with the bottom edge of the sign no lower than 1 metre and no higher than 1.5 metres from the floor.

4(2)A Type B sign shall

(a) have a total surface area of not less than 603.25 cm2 and minimum dimensions of 21.59 cm by 27.94 cm,

(b) be in the form set out in Schedule B and display a minimum of one of the messages described in subparagraph (ii) such that

(i) it displays a visual symbol of quitting smoking, a colour photograph and a red-bordered frame (6 point thickness) and contains one of the messages set out in Schedule B,

(ii) it displays the English and French versions of one of the following headings set in black 48 point Franklin Gothic Extra Compressed type in a red-bordered frame (6 point thickness) on a colour background and contains one of the messages set out in Schedule B:

(A) Body piercing courtesy of the tobacco industry.

Perçage du corps gracieuseté de l’industrie du tabac.

(B) Would you willingly harm your child?

Feriez-vous intentionnellement tort à votre enfant?

(C) New way to breathe courtesy of the tobacco industry.

Nouvelle façon de respirer gracieuseté de l’industrie du tabac.

(D) When does an addiction start?

Une dépendance, ça commence quand?

(iii) it displays the English and French version of one of the following sentences side by side set in black 24 point Franklin Gothic Book Compressed type in a red-bordered frame (6 point thickness) on a colour background:

(A) Tobacco use causes throat cancer.

L’usage du tabac cause le cancer de la gorge.

(B) The chemicals from second-hand smoke can harm your children.

Les produits chimiques de la fumée secondaire peuvent nuire à vos enfants.

(C) Smoking causes 85% of lung cancer.

Fumer cause 85 % des cancers du poumon.

(D) Early tobacco use can lead to lifelong addiction.

L’usage du tabac à un jeune âge peut créer une dépendance à vie.

(iv) it displays a colour logo of the sponsoring organizations in white within a red bar, in the form set out in Schedule B, and

(c) be displayed

(i) at or near the centre of each tobacco display,

(ii) in the top left quarter of promotional material that is a sign, and

(iii) on any promotional material that is not a sign.

4(3)A Type C sign shall

(a) have a total surface area of not less than 163.1 cm2 and minimum dimensions of 13.3 cm by 12.262 cm,

(b) display the message set out in Schedule C in the form set out in Schedule C such that

(i) the message is legible and centred horizontally in a red-bordered frame (6 point thickness) along with a colour photograph and colour logo of sponsoring organizations,

(ii) it displays the headings in English and French “It’s against the law. C’est contre la loi” in black 54 point Franklin Gothic Demi Extra Compressed type,

(iii) it displays the English and French versions of the following sentences set out side by side in black 16 point Franklin Gothic Demi Extra Compressed type on a colour background:

(A) It is illegal to sell tobacco to minors (under 19 years of age) or buy it on their behalf.

(B) Il est illégal de vendre du tabac aux mineurs (moins de 19 ans) ou de leur en acheter.

(iv) the heading “1 800 222-8477” is in white 50 point Franklin Gothic Heavy type with a logo of Crime Stoppers/Échec au crime on the left within a red bar, and

(v) the date on the age calculator in the message set out in Schedule C shall be changed each day by the tobacco vendor to show the birthdate of a person who has attained the legal age to purchase tobacco on that day, and

(c) be displayed in the form set out in Schedule C at every cash register where tobacco is sold, with one side facing potential purchasers of tobacco and the other side facing the person who sells the tobacco.

4(4)A Type D sign shall

(a) have a total surface area of not less than 603.25 cm2 and minimum dimensions of 21.59 cm by 27.94 cm,

(b) display the message set out in Schedule D in the form set out in Schedule D such that

(i) the message is legible and centred horizontally on the sign,

(ii) the headings in English and French “It’s against the law. C’est contre la loi.” are in irregular yellow 90 point, 134 point and 165 point Franklin Gothic Book type on a red background, and

(iii) the body of the message is in yellow 32 point Franklin Gothic Book Compressed type and white 26 point Franklin Gothic Book Compressed type on a red background, and

(c) it is displayed by vendors whose licence is suspended for the period of suspension on the front door or window.

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5(1)A person who sells or offers for sale tobacco by means of a vending machine only shall display a Type A sign referred to in subsection 4(1) by affixing it to the vending machine.

5(2)A person referred to in subsection (1) is not required to display any other sign.

6All signs shall be displayed in such a manner that the signs are conspicuous and not obstructed from view.

7Satisfactory proof of age under subsection 5(2) of the Act is

(a) a single piece of identification issued by a government or a government department, body or agency that has a photograph and contains the date of birth of the person to whom it was issued, or

(b) two pieces of identification issued by a government or a government department, body or agency, one of which contains the date of birth of the person to whom it was issued.

8A wholesale vendor licensed under the Tobacco Tax Act is exempt from section 3 of the Act.

9This Regulation comes into force on June 1, 1994.

SCHEDULE A