Acts and Regulations

94-57 - General

Table of contents
Full text
Current to 1 January 2024
NEW BRUNSWICK
REGULATION 94-57
under the
Tobacco and Electronic Cigarette Sales Act
(O.C. 94-286)
Filed May 16, 1994
Under section 12 of the Tobacco and Electronic Cigarette Sales Act, the Lieutenant-Governor in Council makes the following Regulation:
2015-31
Citation
2023-9
1This Regulation may be cited as the General Regulation - Tobacco and Electronic Cigarette Sales Act.
2015-31
Definition of “Act”
2023-9
2In this Regulation, “Act” means the Tobacco and Electronic Cigarette Sales Act.
2003-85; 2015-31
Application for licence
2021-85
2.1(1)An application for a licence shall provide the following information and be accompanied by the following documents:
(a) concerning the applicant and any authorized representative, the person’s
(i) name,
(ii) mailing address,
(iii) telephone number, and
(iv) e-mail address;
(b) the date of birth of the applicant;
(c) concerning the vapour shop,
(i) the name,
(ii) the mailing address,
(iii) the civic address,
(iv) the telephone number,
(v) the intended dates and times of operation, and
(vi) the type of products to be sold or offered for sale at retail;
(d) documentation indicating that the applicant has sufficient training, knowledge and experience to operate the vapour shop in accordance with the Act and the regulations;
(e) documentation detailing the training that has been or will be provided to employees, and indicating that the employees have or will have sufficient training, knowledge and experience to operate the vapour shop in accordance with the Act and the regulations; and
(f) a statement by the applicant indicating that the applicant agrees to comply with standards and requirements for responsible retail sales established in accordance with the Act and the regulations.
2.1(2)The Minister shall not issue a licence unless the Minister has received a copy of a report from an inspector, made within the preceding three weeks, which indicates that the vapour shop complies with the Act and the regulations.
2.1(3)Subsection (2) does not apply to a renewal of a licence.
2021-85
Fees
2021-85
2.11(1)The fee for an initial application for a licence or an application to renew or reinstate a licence is $100.
2.11(2)Despite subsection (1), in the case of an initial application for a licence or an application to reinstate a licence, the fee shall be reduced by
(a) 25% for a licence issued or reinstated between July 1 and September 30, inclusive,
(b) 50% for a licence issued or reinstated between October 1 and December 31, inclusive, and
(c) 75% for a licence issued or reinstated between January 1 and March 31, inclusive.
2.11(3)The fee for an application to renew a licence is payable on or before March 31.
2021-85
Licence
2021-85
2.2A licence shall indicate the following information:
(a) the name of the licence holder;
(b) the name and civic address of the vapour shop;
(c) the term of the licence; and
(d) any terms and conditions imposed on the licence.
2021-85
Term
2021-85
2.21A licence expires on March 31 of each year.
2021-85
Renewal
2021-85
2.3 A licence holder who applies to renew a licence shall, at the time of application for renewal, confirm that all of the information provided and documentation accompanying the initial application or any subsequent application are accurate.
2021-85
Updating of information
2021-85
2.4The applicant or licence holder, as the case may be, shall update the Minister no later than five business days before any change to information or documentation that accompanied the initial application or any subsequent application.
2021-85
Period of suspension
2021-85
2.5The maximum period that a licence may be suspended is 45 days.
2021-85
Prescribed Acts
2021-85
2.6The Smoke-free Places Act is prescribed for the purposes of sections 2.051 and 2.08 of the Act.
2021-85
Appeal not a stay of decision
2021-85
2.7An appeal of a decision made under the Act shall not operate as a stay of the decision being appealed.
2021-85
Display of licence
2021-85
2.8A licence holder shall display the licence in the vapour shop so that customers can easily see and read the licence.
2021-85
Employee records
2021-85
2.9A licence holder shall maintain a record of the name and date of birth of each employee and the training the employee has completed.
2021-85
Non-application of section 2.2 of the Act
2023-9
2.91Section 2.2 of the Act does not apply to any food, drug or device to which the Food and Drugs Act (Canada) applies.
2023-9
3Repealed: 2015-31
2015-31
Display of signs
2023-9
4(1)Repealed: 2015-31
4(2)Repealed: 2015-31
4(3)A person who sells or offers for sale tobacco or electronic cigarettes shall display a sign provided by the Minister, as set out in Schedule C, that faces the tobacco or electronic cigarette vendor.
4(3.1)The sign shall be clearly visible at every cash register.
4(3.2)The tobacco or electronic cigarette vendor shall change the date on the age calculator on the sign each day to show the birth date of a person who has attained the legal age to purchase tobacco or electronic cigarettes on that day.
4(4)Repealed: 2015-31
2003-85; 2015-31
5Repealed: 2015-31
2015-31
6Repealed: 2015-31
2008-158; 2015-31
Requirements for signs
2023-9
6.1A sign that lists types of tobacco, smoking supplies or electronic cigarettes and their prices
(a) shall be limited to that information only and have a white background with black type,
(b) shall not exceed 10 cm by 10 cm, and
(c) shall not be visible from the outside of the place or premises in which the tobacco, smoking supplies or electronic cigarettes are sold or offered for sale at retail.
2008-158; 2015-31
Proof of age
2023-9
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.
Exemptions
2023-9
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
Repealed: 2015-31
2003-85; 2015-31
SCHEDULE B
Repealed: 2015-31
2003-85; 2015-31
SCHEDULE C
2003-85; 2015-31
SCHEDULE D
Repealed: 2015-31
2003-85; 2015-31
N.B. This Regulation is consolidated to February 21, 2023.