Acts and Regulations

2021, c.27 - An Act to Amend the Tobacco and Electronic Cigarette Sales Act

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2021, c.27
An Act to Amend the
Tobacco and Electronic Cigarette Sales Act
Assented to June 11, 2021
Her Majesty, by and with the advice and consent of the Legislative Assembly of New Brunswick, enacts as follows:
1Section 1 of the Tobacco and Electronic Cigarette Sales Act, chapter T-6.1 of the Acts of New Brunswick, 1993, is amended
(a) in the definition “tobacco” by striking out the period at the end of the definition and substituting a semicolon;
(b) by adding the following definitions in alphabetical order:
“licence” means a licence to operate a vapour shop issued by the Minister under section 2.02 and includes a renewal or a reinstatement of the licence;(permis)
“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)
2The Act is amended by adding after section 2 the following: 
Licence required
2.01On or after April 1, 2022, no person shall operate a vapour shop unless that person holds a licence.
Application for licence
2.011(1)A person may apply to the Minister on a form provided by the Minister for a licence to operate a vapour shop.
2.011(2)An application for a licence shall provide the information and be accompanied by the documents and the fee prescribed by regulation.
2.011(3)An individual may apply for a licence if the person is at least 19 years of age and meets the other eligibility requirements, if any, prescribed by regulation.
Issuance of licence
2.02(1)On receiving a completed application for a licence, the Minister shall issue a licence to the applicant if the Minister is satisfied that
(a) the applicant will comply with this Act and the regulations, and
(b) the premises where the vapour shop will operate complies with this Act and the regulations.
2.02(2)On issuing a licence, the Minister may impose on the licence any terms and conditions that the Minister considers appropriate.
2.02(3)A licence shall be issued for a term prescribed by regulation.
2.02(4)A licence shall indicate the information prescribed by regulation.
Terms and conditions
2.021A licence is subject to the following:
(a) this Act and the regulations, and
(b) the terms and conditions imposed on the licence under subsection 2.02(2).
Licence not transferable
2.03A licence holder may not transfer or assign a licence to another person.
Expiry
2.031A licence expires at the end of the term unless it is renewed, suspended or revoked.
Refusal to issue licence
2.04The Minister may refuse to issue a licence in the following circumstances:
(a) the Minister is not satisfied that the applicant is capable of operating the vapour shop in accordance with this Act and the regulations;
(b) the Minister has reasonable grounds to believe that the applicant has knowingly made a false statement in the application or the accompanying documents; or
(c) in the 12 months before the application was made, the Minister has suspended or revoked a licence that was held
(i) by the applicant, or
(ii) by a person who the Minister has reasonable grounds to believe is not at arm’s length, within the meaning of section 251 of the Income Tax Act (Canada), from the applicant.
Application to renew licence
2.041(1)An application for the renewal of a licence shall be made on a form provided by the Minister and submitted before the expiry date of the licence.
2.041(2)An application for the renewal of a licence shall provide the information and be accompanied by the documents and the fee prescribed by regulation.
Renewal of licence
2.05(1)On receiving a completed application for the renewal of a licence, the Minister shall renew the licence if the Minister is satisfied that
(a) the licence holder will comply with this Act and the regulations, and
(b) the premises where the vapour shop is operated complies with this Act and the regulations.
2.05(2)Subsections 2.02(2) to (4) apply with the necessary modifications to the renewal of a licence.
Refusal to renew licence
2.051The Minister may refuse to renew a licence in the following circumstances:
(a) the Minister is not satisfied that the licence holder is capable of operating the vapour shop in accordance with this Act and the regulations;
(b) the Minister has reasonable grounds to believe that the licence holder has knowingly made a false statement in the application or the accompanying documents or in any other record or document required to be maintained under this Act or the regulations; or
(c) after an inspection under section 7 and reasonable inquiry, the Minister is satisfied that the licence holder has violated or failed to comply with a term or condition of the licence, a provision of this Act or the regulations or a provision of another Act that is prescribed by regulation.
Location of vapour shop
2.06A vapour shop may be operated only at the premises specified in the licence.
Standards and requirements
2.061A licence holder shall maintain and operate the vapour shop in accordance with the standards and requirements prescribed by regulation.
Training
2.07(1)The Minister may approve training courses or programs respecting requirements under the Act and the regulations.
2.07(2)A licence holder shall complete the training courses or programs approved under subsection (1) and shall ensure that each employee of the vapour shop completes the training courses or programs.
Records and other documents
2.071A licence holder shall maintain the records and documents prescribed by regulation, and shall retain and dispose of the records and documents in accordance with the regulations.
Suspension or revocation of licence
2.08The Minister may suspend a licence for a period of time established in accordance with the regulations or revoke a licence if
(a) the Minister is not satisfied that the licence holder is capable of operating the vapour shop in accordance with this Act and the regulations,
(b) the Minister has reasonable grounds to believe that the licence holder has knowingly made a false statement in the application or the accompanying documents or in any other record or document required to be maintained under this Act or the regulations, or
(c) after an inspection under section 7 and reasonable inquiry, the Minister is satisfied that the licence holder has violated or failed to comply with a term or condition of the licence, a provision of this Act or the regulations or a provision of another Act that is prescribed by regulation.
Reinstatement of licence
2.081(1)A person whose licence has been suspended may apply to the Minister to reinstate the licence on a form provided by the Minister.
2.081(2)An application for the reinstatement of a licence shall provide the information and be accompanied by the documents and the fee prescribed by regulation.
2.081(3)The Minister may reinstate a licence on any grounds the Minister considers appropriate.
2.081(4)Section 2.02 applies with the necessary modifications to the reinstatement of a licence.
Appeals
2.09(1)If the Minister refuses to issue, renew or reinstate a licence, or suspends or revokes a licence, the Minister shall provide written reasons for the decision.
2.09(2)A person who is subject to a decision referred to in subsection (1) may appeal the decision to a judge of The Court of Queen’s Bench of New Brunswick in accordance with the Rules of Court.
3Section 6.6 of the Act is amended by repealing subsection (1).
4Section 12 of the Act is amended
(a) by adding after paragraph (a) the following:
(a.1) respecting applications for the purposes of sections 2.011, 2.041 and 2.081 including
(i) eligibility requirements of applicants,
(ii) conditions which applicants shall meet,
(iii) the information to be provided and the documents that accompany an application, and
(iv) fees that accompany an application;
(a.2) respecting the issuance of licences for the purposes of section 2.02, including
(i) terms and conditions that may be imposed on a licence,
(ii) the term of a licence, and
(iii) information to be indicated on a licence;
(a.3) prescribing standards and requirements in respect of licence holders for the purposes of section 2.061;
(a.4) prescribing records and documents to be maintained by a licence holder and respecting the retention and disposal of the records and documents for the purposes of section 2.071;
(a.5) prescribing other Acts for the purposes of sections 2.051 and 2.08;
(a.6) establishing the period of time during which licences may be suspended for the purposes of section 2.08;
(a.7) respecting the effect of a decision of the Minister pending the outcome of an appeal for the purposes of subsection 2.09(2);
(b) by adding after paragraph (d) the following: 
(d.1) defining words or expressions used, but not defined, in this Act;
5Schedule A of the Act is amended by adding before
 2.1.............. 
E
the following: 
  2.01.............. 
E
6This Act comes into force on January 4, 2022.