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Her Majesty, by and with the advice and consent of the Legislative Assembly of New Brunswick, enacts as follows:

1In this Act

“electronic cigarette” means a vaporizer or inhalant-type device, whether called an electronic cigarette or any other name, that contains a power source and heating element designed to heat a substance and produce a vapour intended to be inhaled directly through the mouth by the user of the device, and includes the substance that is heated;(cigarette électronique)

“inspector” means a person designated under subsection 7(1);(inspecteur)

“Minister” means the Minister of Health and includes any person designated to act on the Minister’s behalf;(Ministre)

“package” means a package, box, tin or other container in which tobacco, smoking supplies or electronic cigarettes are sold, which has been sealed by the manufacturer and which seal has not been opened at the time of sale;(paquet)

“police officer” means a member of the Royal Canadian Mounted Police or a police force established under the Police Act;(agent de police)

“promotional material” means any sign or exhibit that displays a brand-name or trademark of tobacco, smoking supplies or electronic cigarettes or that displays a corporate name that incorporates a brand-name or trademark of tobacco, smoking supplies or electronic cigarettes;(matériel promotionnel)

“smoking supplies” means cigarette papers, blunt wraps, cigarette tubes, cigarette filters, cigarette holders and pipes;(articles pour fumer)

“tobacco” means tobacco in any form in which tobacco is consumed, and includes snuff.(tabac)

2000, c.26, s.271; 2006, c.16, s.173; 2015, c.46, s.2

Purpose of Act

2The purpose of this Act is to respond to a public health problem of substantial and pressing concern and, in particular,

(a) to protect the health of New Brunswickers in the light of conclusive evidence implicating tobacco use in the incidence of numerous debilitating and fatal diseases,

(b) to enhance public awareness of the hazards of tobacco use by ensuring the effective communication of pertinent information to consumers of tobacco products, and

(c) to protect the health of young persons by restricting their access to tobacco in light of the risks associated with the use of tobacco.

Posting of signs

3A person who sells or offers for sale tobacco or electronic cigarettes shall display signs in the manner, place, form and size and with the content prescribed by regulation.

2015, c.46, s.4

Minimum size of package

4No person shall sell or offer for sale any cigarettes or tobacco sticks unless those cigarettes or tobacco sticks are enclosed in a package that contains a minimum of fifteen cigarettes or tobacco sticks.

Sale of tobacco, smoking supplies or electronic cigarettes to person under 19 prohibited

5(1)No person shall sell or permit to be sold tobacco, smoking supplies or electronic cigarettes to a person under the age of nineteen years.

5(2)Where a person who appears to be under the age of nineteen years requests to purchase tobacco, smoking supplies or electronic cigarettes, a person to whom the request is made shall, before acceding to the request, demand that satisfactory proof of age be provided by the person making the request.

5(3)If it appears that any proof of age provided under subsection (2) has been altered in any way, the person who demanded the proof of age shall not accept it as satisfactory.

5(4)In any prosecution under this section, the judge shall determine from the appearance of the person who made the request to purchase tobacco, smoking supplies or electronic cigarettes and other relevant circumstances whether the person appears to be under the age of nineteen years.

2015, c.46, s.5.

Purchase of tobacco, smoking supplies or electronic cigarettes on behalf of person under 19 prohibited

6No person shall purchase or attempt to purchase tobacco, smoking supplies or electronic cigarettes on behalf of, or for the purpose of resale to, a person under the age of nineteen years.

2015, c.46, s.6

Sales in designated places

6.1(1)No person shall sell or offer for sale tobacco, smoking supplies or electronic cigarettes in a designated place.

6.1(2)The following are designated places:

(a) a pharmacy;

(a.1) a kiosk that permits direct access to a pharmacist, whether in person or by telephone or any other means, and from which prescription drugs or other medicines are sold or dispensed;

(b) a retail store if

(i) a pharmacy is located within the store, or

(ii) customers of the pharmacy can pass into the store directly or by use of a corridor or area used exclusively to connect the pharmacy with the store, or

(iii) a kiosk described in paragraph (a.1) is located within the store; and

(c) any other place prescribed by regulation.

1997, c.17, s.1; 1999, c.1, s.1; 2015, c.46, s.7

Repealed

6.2Repealed: 2008, c.17, s.1

1997, c.17, s.1; 2008, c.17, s.1

Repealed

6.21Repealed: 2008, c.17, s.2

1999, c.1, s.2; 2008, c.17, s.2

Dispensing devices

6.3No person shall sell or offer for sale or furnish or permit to be furnished tobacco, smoking supplies or electronic cigarettes in a retail store by means of a dispensing device.

1997, c.17, s.1; 2015, c.46, s.8

Display of tobacco, smoking supplies or electronic cigarettes prohibited

6.4(1)In this section, “tobacco”, “smoking supplies” and “electronic cigarettes” include the package in which these products are sold.

6.4(2)No person shall display or permit the display of tobacco, smoking supplies or electronic cigarettes in any place or premises in which these products are sold or offered for sale at retail by any means or in any manner, including

(a) a display that permits a consumer to view these products before purchasing them, and

(b) a display that makes these products visible to the public from the outside of the place or premises.

2008, c.17, s.3; 2015, c.46, s.9

Advertising of tobacco, smoking supplies or electronic cigarettes prohibited

6.5(1)No person shall advertise or promote the sale or use of tobacco, smoking supplies or electronic cigarettes in any place or premises in which these products are sold or offered for sale at retail.

6.5(2)No person shall advertise or promote the sale or use of tobacco, smoking supplies or electronic cigarettes by means of an advertisement or promotional material in any place or premises in which these products are sold or offered for sale at retail if the advertisement or promotional material is visible from the outside of the place or premises.

6.5(3)Despite subsection (1), a person may, in any place or premises in which tobacco, smoking supplies or electronic cigarettes are sold or offered for sale at retail,

(a) display a sign that lists the types of tobacco, smoking supplies or electronic cigarettes and their prices, if the sign is displayed in accordance with section 3, and

(b) display a magazine or other publication that is offered for sale and that contains advertising for tobacco, smoking supplies or electronic cigarettes, if the magazine or publication

(i) is displayed in a way that the advertisement is not visible to a consumer unless he or she is reading the magazine or publication, and

(ii) meets the requirements set out in the Tobacco Act (Canada) and the regulations under that Act.

2008, c.17, s.3; 2015, c.46, s.10

Exception for tobacconist shop and vapour shop

6.6(1)The following definitions apply in this section.

“tobacconist shop” means a place or premises in which the primary business conducted is the sale of tobacco.(tabagie)

“vapour shop” means a place or premises in which the primary business conducted is the sale of electronic cigarettes.(boutique de vapotage)

6.6(2)Paragraph 6.4(2)(a) and subsections 6.5(1) and (3) do not apply to a tobacconist shop or a vapour shop.

6.6(3)The owner or person in charge of a tobacconist shop or a vapour shop shall not permit a person under the age of 19 years to enter the premises unless accompanied by an adult.

2008, c.17, s.3; 2015, c.46, s.11

Designation, powers and duties of inspectors

7(1)The Minister may designate any person or class of persons as inspectors for the purposes of this Act.

7(2)The Minister shall furnish every inspector with a certificate of the inspector’s designation and, on entering any place for the purposes of inspection, an inspector shall, on demand, produce the certificate to the person in charge of the place.

7(3)For the purpose of enforcing this Act and the regulations, an inspector may

(a) at any reasonable time, enter and inspect premises where tobacco, smoking supplies or electronic cigarettes are sold or offered for sale,

(b) apply for an entry warrant under the Entry Warrants Act,

(c) arrange for test purchases of tobacco, smoking supplies or electronic cigarettes,

(d) request information or production for inspection of documents or other things that may be relevant to the carrying out of an inspection, and

(e) remove documents or other things produced as a result of a request under paragraph (d) or discovered during the inspection for the purpose of making copies or taking extracts.

7(4)An inspector removing a document or other thing from premises under subsection (3) shall first provide a receipt for it to the person in charge of the premises and, subject to subsection (5), shall promptly return the document or other thing to the premises after completion of the making of copies or taking of extracts, as the case may be.

7(5)An inspector may detain for the purposes of evidence any document or other thing that the inspector discovers while acting under this section and believes, on reasonable and probable grounds, may afford evidence of a violation of or a failure to comply with a provision of this Act or the regulations.

7(6)Copies of or extracts from documents or things removed from premises under this Act and certified by the person making the copies or taking the extracts as being true copies of or extracts from the originals are admissible in evidence to the same extent as, and have the same evidentiary value as, the documents or things of which they are copies or from which they are extracts.

2015, c.46, s.12

Inspections

8(1)Every person shall give all reasonable assistance to the inspector to enable the inspector to exercise powers given under section 7 and shall furnish the inspector with such information, documents and other things as the inspector may reasonably request.

8(2)No person shall hinder, obstruct or otherwise interfere with an inspector who is carrying out the inspector’s duties and functions under this Act and the regulations.

8(3)No person shall knowingly make a false or misleading statement, either orally or in writing, or provide or produce a false document or other thing to an inspector who is carrying out the inspector’s duties and functions under this Act and the regulations.

Voluntary payment

9(1)The Minister, an inspector or a police officer may, either before or after the institution of proceedings against a person in respect of an offence under this Act, accept from the person alleged to have committed the offence

(a) for a first offence, the payment of a sum equal to the minimum penalty prescribed for the offence,

(b) for a second offence, the payment of a sum equal to twice the minimum penalty prescribed for the offence, or

(c) for a third or subsequent offence, the payment of a sum equal to the maximum penalty prescribed for the offence,

and the person so accepting payment under this section shall deliver a receipt to the offender showing the name of the offender, the amount paid, the date of payment and the offence in respect of which the payment is made.

9(2)Where a person makes a payment under subsection (1), the person shall be deemed to have been convicted of the alleged offence in respect of which the payment was made, and the payment constitutes a full satisfaction, release and discharge of all fines and imprisonments which may be incurred by the person in respect of the offence.

Offences

10(1)A person who violates or fails to comply with a provision of the regulations commits an offence.

10(2)A person who violates or fails to comply with a provision of this Act that is listed in Column I of Schedule A commits an offence.

10(3)For the purposes of Part II of the Provincial Offences Procedure Act, each offence listed in Column I of Schedule A is punishable as an offence of the category listed beside it in Column II of Schedule A.

Administration of Act

11The Minister is responsible for the administration of this Act and may designate persons to act on the Minister’s behalf.

Regulations

12The Lieutenant-Governor in Council may make regulations

(a) prescribing the manner, place, form, size and content of signs to be displayed by persons who sell or offer for sale tobacco or electronic cigarettes, which regulations may vary for different classes of persons who sell or offer for sale tobacco or electronic cigarettes;

(b) classifying persons who sell or offer for sale tobacco or electronic cigarettes for the purposes of paragraph (a);

(c) respecting satisfactory proof of age for the purposes of section 5;

(c.1) prescribing places for the purposes of paragraph 6.1(2)(c);

(c.2) prescribing the circumstances in which electronic cigarettes are exempt from the application of this Act or the regulations or from any provision of this Act or the regulations;

(d) exempting persons or classes of persons from the Act or the regulations or from any provision of the Act or the regulations;

(e) generally, for carrying out the purposes of this Act.

1997, c.17, s.2; 2015, c.46, s.13

Repeal

13An Act entitled Respecting the Use of Tobacco by Minors, chapter 64 of the Revised Statutes, 1927, is repealed.

Commencement

14This Act or any provision of it comes into force on a day or days to be fixed by proclamation.

SCHEDULE A

Column I		Column II
Section		Category of Offence
	2.1..............		E
	3..............		B
	4..............		E
	5(1)..............		E
	6..............		E
	6.1(1)..............		E
	6.3..............		E
	6.4(2)(a)..............		E
	6.4(2)(b)..............		E
	6.5(1)..............		E
	6.5(2)..............		E
	6.6(3)..............		E
	8(2)..............		E
	8(3)..............		E

2008, c.17, s.4; 2015, c.46, s.14

N.B. This Act was proclaimed and came into force October 20, 1994.

N.B. This Act is consolidated to July 1, 2015.

T-6.1 - Tobacco and Electronic Cigarette Sales Act

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