Acts and Regulations

T-6.1 - Tobacco and Electronic Cigarette Sales Act

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Document at 1 January 2009
CHAPTER T-6.1
Tobacco Sales Act
Assented to May 7, 1993
Her Majesty, by and with the advice and consent of the Legislative Assembly of New Brunswick, enacts as follows:
Definitions
1In this Act
“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 is 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)
“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
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
3Every person who sells or offers for sale tobacco shall display signs in the manner, place, form and size prescribed by regulation and with such content relating to the sale of tobacco and the hazards of tobacco use prescribed by regulation.
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 to person under nineteen prohibited
5(1)No person shall sell or permit to be sold tobacco 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, 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 and other relevant circumstances whether the person appears to be under the age of nineteen years.
Purchase of tobacco on behalf of person under nineteen prohibited
6No person shall purchase or attempt to purchase tobacco on behalf of, or for the purpose of resale to, a person under the age of nineteen years.
Sales in designated places
6.1(1)No person shall sell or offer for sale tobacco 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
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 in a retail store by means of a device that dispenses tobacco.
1997, c.17, s.1
Display of tobacco prohibited
6.4(1)In this section, “tobacco” includes the package in which tobacco is sold.
6.4(2)No person shall display or permit the display of tobacco in any place or premises in which tobacco is sold or offered for sale at retail
(a) by any means or in any manner, including the use of a countertop or wall display, that permits a consumer in the place or premises to view tobacco before purchasing it, or
(b) by any means or in any manner that makes tobacco visible to the public from the outside of the place or premises.
2008, c.17, s.3
Advertising of tobacco prohibited
6.5(1)No person shall advertise or promote the sale or use of tobacco in any place or premises in which tobacco is sold or offered for sale at retail.
6.5(2)No person shall advertise or promote the sale or use of tobacco by means of an advertisement or promotional material in any place or premises in which tobacco is sold or offered for sale if the advertisement or promotional material is placed so that it is visible from the outside of the place or premises.
6.5(3)Notwithstanding subsection (1), a person may in any place or premises in which tobacco is sold or offered for sale at retail
(a) display a sign that lists the types of tobacco for sale and their prices, if the sign complies with and is displayed in the manner, place, form and size prescribed by regulation, or
(b) display a magazine or other publication that is offered for sale and that contains tobacco advertising if the magazine or publication
(i) is displayed in such a way that the tobacco 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) or the regulations made under that Act.
2008, c.17, s.3
Exception for tobacconist shop
6.6(1)In this section, “tobacconist shop” means a place or premises in which the primary business conducted is the sale of tobacco.
6.6(2)Sections 6.4 and 6.5 do not apply to a tobacconist shop.
6.6(3)The owner or person in charge of a tobacconist 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
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 is sold or offered for sale,
(b) apply for an entry warrant under the Entry Warrants Act,
(c) arrange for test purchases of tobacco,
(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.
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, which regulations may vary for different classes of persons who sell or offer for sale tobacco;
(b) classifying persons who sell or offer for sale tobacco 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);
(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
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
 
 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
N.B. This Act was proclaimed and came into force October 20, 1994.
N.B. This Act is consolidated to January 1, 2009.