Acts and Regulations

2024, c.11 - An Act to Amend the Tobacco and Electronic Cigarette Sales Act

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2024, c.11
An Act to Amend
the Tobacco and Electronic Cigarette
Sales Act
Assented to June 7, 2024
His 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 “licence” by striking out “a vapour shop” and substituting “an electronic cigarette sales outlet”;
(b) by adding the following definitions in alphabetical order:
“electronic cigarette sales outlet” means a place or premises in which electronic cigarettes are sold or offered for sale at retail, including a vapour shop;(point de vente de cigarettes électroniques)
“flavouring additive” means any flavouring ingredient, extract or preparation that may be added to tobacco, smoking supplies or electronic cigarettes to impart a distinguishing aroma or flavour other than tobacco, whether or not the ingredient, extract or preparation is intended or advertised to be added to tobacco, smoking supplies or electronic cigarettes;(additif aromatisant)
2The Act is amended by adding after section 1 the following:
Non-application of Act
1.1This Act does not apply to a cannabis retail outlet as defined in the Cannabis Control Act.
3Section 2 of the Act is amended
(a) in paragraph (b) by striking out “and” at the end of the paragraph;
(b) in paragraph (c) by striking out the period at the end of the paragraph and substituting “, and”;
(c) by adding after paragraph (c) the following:
(d) to protect the health of young persons by restricting their access to electronic cigarettes.
4Section 2.01 of the Act is repealed and the following is substituted:
2.01No person shall operate an electronic cigarette sales outlet unless that person holds a licence.
5Subsection 2.011(1) of the Act is amended by striking out “a vapour shop” and substituting “an electronic cigarette sales outlet”.
6Paragraph 2.02(1)(b) of the Act is amended by striking out “premises where the vapour shop” and substituting “place or premises where the electronic cigarette sales outlet”.
7Section 2.04 of the Act is amended
(a) in paragraph (a) by striking out “vapour shop” and substituting “electronic cigarette sales outlet”;
(b) in paragraph (b) by striking out “or” at the end of the paragraph;
(c) in subparagraph (c)(ii) by striking out the period at the end of the subparagraph and substituting a semicolon;
(d) by adding after paragraph (c) the following:
(d) the Minister has reasonable grounds to believe that the applicant has violated or failed to comply with a term or condition of a licence previously issued to the applicant; or
(e) the Minister has reasonable grounds to believe that the applicant has violated or failed to comply with a provision of this Act or the regulations or a provision of another Act that is prescribed by regulation.
8Paragraph 2.05(1)(b) of the Act is amended by striking out “premises where the vapour shop” and substituting “place or premises where the electronic cigarette sales outlet”.
9Section 2.051 of the Act is amended
(a) in paragraph (a) by striking out “vapour shop” and substituting “electronic cigarette sales outlet”;
(b) in paragraph b) of the French version by striking out “des motifs raisonnables lui donnent lieu” and substituting “il a des motifs raisonnables”.
10The heading “Location of vapour shop” preceding section 2.06 of the Act is amended by striking out “vapour shop” and substituting “electronic cigarette sales outlet”.
11Section 2.06 of the Act is amended by striking out “A vapour shop may be operated only at the premises” and substituting “An electronic cigarette sales outlet may be operated only at the place or premises”.
12Section 2.061 of the Act is amended by striking out “vapour shop” and substituting “electronic cigarette sales outlet”.
13Subsection 2.07(2) of the Act is amended by striking out “vapour shop” and substituting “electronic cigarette sales outlet”.
14Section 2.08 of the Act is amended
(a) in paragraph (a) by striking out “vapour shop” and substituting “electronic cigarette sales outlet”;
(b) in paragraph b) of the French version by striking out “des motifs raisonnables lui donnent lieu” and substituting “il a des motifs raisonnables”.
15The Act is amended by adding after section 2.08 the following:
Notice of suspension, revocation or conviction
2.0801(1)A licence holder whose licence has been suspended under section 2.08 shall, for the period during which the licence is suspended, post in a readily visible location at the entrance of their electronic cigarette sales outlet a notice provided by the Minister containing the following information:
(a) the reason for the suspension; and
(b) the period during which the licence is to remain suspended.
2.0801(2)A person whose licence has been revoked under section 2.08 shall, for a period not exceeding 30 days as specified by the Minister, post in a readily visible location at the entrance of their electronic cigarette sales outlet a notice provided by the Minister containing the following information:
(a) the reason for the revocation; and
(b) the effective date of the revocation.
2.0801(3)A licence holder who has been convicted of an offence under this Act or the regulations and whose licence has not been suspended or revoked under section 2.08 shall, for a period not exceeding 30 days as specified by the Minister, post in a readily visible location at the entrance of their electronic cigarette sales outlet a notice provided by the Minister advising the public of the conviction.
2.0801(4)No person shall remove, alter, deface, conceal or destroy a notice posted under subsection (1), (2) or (3).
16Subsection 2.2(4) of the Act is repealed and the following is substituted:
2.2(4)Despite subsections (2) and (3), a person may sell or offer for sale a substance that is tobacco flavoured and does not have another noticeable flavour.
17The Act is amended by adding after section 2.2 the following:
Sale of flavouring additive prohibited
2.3(1)No person shall sell or offer for sale a flavouring additive in a tobacconist shop or vapour shop.
2.3(2)Other than a tobacconist shop or vapour shop, no person shall sell or offer for sale a flavouring additive in any place or premises in which tobacco, smoking supplies or electronic cigarettes are sold or offered for sale at retail unless the flavouring additive is located at least three metres from where tobacco, smoking supplies or electronic cigarettes are sold or offered for sale in the place or premises.
18The heading “Interdiction de vendre à une personne de moins de dix-neuf ans du tabac, des articles pour fumer ou des cigarettes électroniques” preceding section 5 of the French version of the Act is amended by striking out “dix-neuf” and substituting “19”.
19Section 5 of the Act is amended
(a) in subsection (1) by striking “the age of nineteen years” and substituting “19 years of age”;
(b) in subsection (2) by striking out “the age of nineteen years” and substituting “25 years of age”;
(c) in subsection (4) by striking out “the age of nineteen years” and substituting “25 years of age”.
20The heading “Interdiction d’acheter pour une personne de moins de dix-neuf ans du tabac, des articles pour fumer ou des cigarettes électroniques” preceding section 6 of the French version of the Act is amended by striking out “dix-neuf” and substituting “19”.
21Section 6 of the Act is amended by striking “the age of nineteen years” and substituting “19 years of age”.
22The heading “Sales in designated places” preceding section 6.1 of the Act is amended by striking out “places” and substituting “places or premises”.
23Section 6.1 of the Act is amended
(a) by repealing subsection (1) and substituting the following:
6.1(1)No person shall sell or offer for sale tobacco, smoking supplies or electronic cigarettes in a designated place or premises.
(b) in subsection (2)
(i) in the portion preceding paragraph (a) by striking out “places” and substituting “places or premises”;
(ii) in paragraph (c) by striking out “place” and substituting “place or premises”;
(c) by adding after subsection (2) the following:
6.1(3)Despite subsection (1), any person who held a retail vendor’s licence issued under the Tobacco Tax Act that was in force on the date the Act that enacted this section received first reading in the Legislative Assembly for a retail location situated in a place or premises prescribed by regulation may continue to sell or offer to sell tobacco in the place or premises until the licence is revoked or not renewed in accordance with the Tobacco Tax Act.
6.1(4)Despite subsection (1), any person who, in accordance with a licence issued under this Act that was in force on the date the Act that enacted this section received first reading in the Legislative Assembly, operated a vapour shop in a place or premises prescribed by a regulation may, on the commencement of this subsection and after the issuance of a licence to operate an electronic cigarette sales outlet, continue to sell or offer to sell electronic cigarettes in the place or premises until the licence is revoked or not renewed in accordance with this Act or the regulations.
24Section 6.3 of the Act is repealed and the following is substituted:
6.3No person shall sell or offer for sale or furnish or permit to be furnished tobacco, smoking supplies or electronic cigarettes by means of a dispensing device in any place or premises in which these products are sold or offered for sale at retail.
25Section 6.5 of the Act is amended
(a) by repealing subsection (1) and substituting the following:
6.5(1)No person shall advertise or promote the sale or use of tobacco, smoking supplies or electronic cigarettes
(a) in any place or premises in which these products are sold or offered for sale at retail,
(b) in any place or premises prohibited by regulation, or
(c) in any manner prohibited by regulation.
(b) in subparagraph (3)(b)(i) of the English version by striking out “he or she” and substituting “the consumer”.
26Subsection 6.6(3) of the Act is amended by striking out “premises” and substituting “place or premises”.
27Section 7 of the Act is amended
(a) in subsection (2) by striking out “place” wherever it appears and substituting “place or premises”;
(b) in subsection (3)
(i) by repealing paragraph (a) and substituting the following:
(a) at any reasonable time, enter and inspect a place or premises where tobacco, smoking supplies or electronic cigarettes are sold or offered for sale or any other place or premises connected or contiguous to that place or premises that are related to the operation of that place or premises,
(ii) by adding after paragraph (c) the following:
(c.1) conduct any tests that the inspector considers necessary or advisable,
(c.2) take samples of any substance or material,
(c) in subsection (4) by striking out “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” and substituting “a place or premises under subsection (3) shall first provide a receipt for it to the person in charge of the place or premises and, subject to section 8.1, shall promptly return the document or other thing to the place or premises”;
(d) by repealing subsection (5);
(e) in subsection (6) by striking out “premises” and substituting “a place or premises”.
28The Act is amended by adding after section 7 the following:
Inspectors authorized as peace officers
7.1Every inspector, in carrying out the inspector’s duties and functions under this Act and the regulations, is a person employed for the preservation and maintenance of the public peace and has and may exercise all the powers, authorities and immunities of a peace officer as defined in the Criminal Code (Canada).
29The Act is amended by adding after section 8 the following:
Seizure
8.1(1)An inspector may seize any tobacco, smoking supplies, electronic cigarettes, documents or other things that the inspector believes on reasonable grounds may afford evidence of the commission of an offence under this Act or the regulations
(a) during an inspection under section 7,
(b) during a search authorized under the Provincial Offences Procedure Act, or
(c) otherwise in accordance with the Provincial Offences Procedure Act.
8.1(2)The tobacco, smoking supplies, electronic cigarettes, documents or other things seized under subsection (1) shall  be detained until a person has been charged with an offence under this Act or the regulations and the proceedings are concluded.
8.1(3)If a person is convicted of an offence under this Act or the regulations, the tobacco, smoking supplies, electronic cigarettes, documents or other things seized under subsection (1), in addition to any penalty that may be imposed under this Act, are forfeited to the Crown in right of the Province and the Minister may dispose of them in any manner the Minister considers appropriate.
8.1(4)The tobacco, smoking supplies, electronic cigarettes, documents or other things seized under subsection (1) shall, on application to the Minister, be immediately returned to the owner or the person who at the time of the seizure was in possession of them if
(a) no person is charged with an offence under this Act or the regulations, or
(b) a person charged with an offence is not convicted and any appeal has been disposed of or the time for appeal has expired.
8.1(5)The tobacco, smoking supplies, electronic cigarettes, documents or other things seized under subsection (1) shall be handed over to the Minister if
(a) the owner is not known and no one was in possession of the tobacco, smoking supplies, electronic cigarettes, documents or other things at the time of the seizure,
(b) no person is charged with an offence under this Act or the regulations and no application is made under subsection (4), or
(c) a person is charged with an offence but the charge is dismissed or withdrawn and no application is made under subsection (4) within 30 days after the charge is dismissed or withdrawn.
8.1(6)The Minister shall keep the tobacco, smoking supplies, electronic cigarettes, documents or other things handed over under subsection (5) for 30 days and then dispose of them in any manner the Minister considers appropriate unless within those 30 days a person by notice in writing claims that they are the owner of the smoking supplies, electronic cigarettes, documents or other things or the owner of the tobacco and entitled to possess the tobacco under this Act.
8.1(7)If a person makes a claim under subsection (6) and proves to the satisfaction of the Minister at a time and place specified by the Minister that the person is the owner of the smoking supplies, electronic cigarettes, documents or other things or the owner of the tobacco and entitled to possess the tobacco under this Act, the Minister shall return them to the person.
8.1(8)The owner of the tobacco, smoking supplies, electronic cigarettes, documents or other things or the person who at the time of the seizure was in possession of them shall pay, before any return, the expenses relating to their seizure and retention.
8.1(9)If a person makes a claim under subsection (6) and fails to prove to the satisfaction of the Minister that the person is the owner of the smoking supplies, electronic cigarettes, documents or other things or the owner of the tobacco and entitled to possess the tobacco under this Act, the Minister may dispose of them in any manner the Minister considers appropriate.
No indemnity
8.2No person shall be entitled to, or have any claim or right to, any indemnity or compensation in relation to a seizure, forfeiture or disposal under this Act or the Provincial Offences Procedure Act.
30Section 12 of the Act amended
(a) in paragraph (c.1) by striking out “places” and substituting “places or premises”;
(b) by adding after paragraph (c.1) the following:
(c.11) prohibiting the manner, places or premises in which the sale or use of tobacco, smoking supplies or electronic cigarettes may not be advertised or promoted for the purposes of subsection 6.5(1);
(c.12) respecting the testing and analysis of tobacco, smoking supplies or electronic cigarettes;
31Schedule A of the Act is amended
(a) by adding after
2.01.............. 
E
the following:
2.0801(1).............. 
E
2.0801(2).............. 
E
2.0801(3).............. 
E
2.0801(4).............. 
E
(b) by adding after
2.2(3).............. 
E
the following:
2.3(1).............. 
E
2.3(2).............. 
E
(c) by striking out
6.5(1).............. 
E
and substituting the following:
 6.5(1)(a).............. 
E
 6.5(1)(b).............. 
E
 6.5(1)(c).............. 
E
Commencement
32This Act or any provision of it comes into force on a day or days to be fixed by proclamation.