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SNL1993 CHAPTER T-4.1
TOBACCO AND VAPOUR PRODUCTS
1995 c25; 1996 cR-10.1 s73; 1996 cT-0.01 s20; 1999 c8; 2000 c24; 2009 c15; 2012 cP-12.2 s67;
AN ACT RESPECTING THE CONTROL OF THE
(Assented to December 17, 1993)
This Act may be cited as the Tobacco and Vapour Products Control Act.
2. In this Act
(a) "accessory" means a product that may be used in the consumption of tobacco and includes cigarette papers, a filter, a pipe, a cigarette holder and a cigar clip;
(b) "e-cigarette" means
(i) a product or device, whether or not it resembles a cigarette, containing a power source and heating element designed to vapourize an e-substance for inhalation or release into the air, or
(ii) a product or device prescribed in the regulations similar in nature or use to a product or device described in subparagraph (i);
(c) "e-substance" means a solid, liquid or gas
(i) for use in an e-cigarette that, on being heated, produces a vapour, regardless of whether the solid, liquid or gas contains nicotine, and
that is not a controlled substance within the meaning of the Controlled Drugs and Substances Act
(d) "flavoured tobacco" means tobacco that
(i) has a characterizing scent or flavour, other than tobacco, that is noticeable before or during use, or both,
(ii) by its packaging, labelling, advertising or otherwise, is represented as being flavoured, or
(iii) is prescribed in the regulations as being flavoured,
but does not include tobacco exempted by the regulations;
(e) "inspector" means a person appointed or designated under section 3;
(f) "minister" means the minister appointed under the Executive Council Act to administer this Act;
(g) "minor" means a person under the age of 19 years;
(h) "non-tobacco shisha" means a non-tobacco product containing herbs or other plants and materials intended for use in a water pipe;
(i) "retailer" means a person who in the ordinary course of business sells or supplies tobacco, vapour products or non-tobacco shisha to another person;
(j) "tobacco" means tobacco in any form in which tobacco is consumed and includes an accessory as defined in paragraph (a);
(k) "vapour products" means
(i) an e-cigarette,
(ii) an e-substance, or
(iii) a cartridge for or component of an e-cigarette;
(l) "water pipe" means any ignited or heated smoking equipment used to burn tobacco or non-tobacco substances or a combination of tobacco and non-tobacco substances and draw the resulting smoke through a liquid before it is inhaled; and
(m) "wholesaler" means a person who buys tobacco, vapour products or non-tobacco shisha for resale to a person other than a consumer.
Rep. by 2016 c32 s8
2.1 [Rep. by 2016 c32 s8]
3. (1) The minister may appoint or designate a person or a class of persons as an inspector for the purpose of this Act.
(2) An inspector may, at all reasonable times, with or without the help of other persons, enter upon the business premises of a retailer or wholesaler or upon the premises where the retailer's or wholesaler’s tobacco, vapour products, non-tobacco shisha or records are kept so long as it is reasonably necessary to determine compliance with this Act and may
(a) enter and inspect the business premises of a retailer or wholesaler and examine and take copies of those records that may be relevant to the enforcement of this Act or to a prosecution of a violation of this Act;
(b) investigate a complaint of a violation of this Act and question a retailer or wholesaler or employee of a retailer or wholesaler to determine whether a violation has occurred;
(c) make test purchases or take samples of tobacco, vapour products or non-tobacco shisha;
(d) give directions to a retailer or wholesaler;
(e) commence proceedings, which may be in the form of a ticket issued under the Provincial Offences Act, in respect of a violation of this Act;
(f) record and report convictions under this Act; and
(g) ask a person who is on the premises for proof of the person's age and make other inquiries of the person.
(3) A person shall not interfere with, obstruct, attempt to obstruct, or fail to co-operate with, an inspector in the exercise of his or her functions under this Act.
3.1 (1) A retailer or wholesaler shall not sell tobacco without a licence.
A person wishing to obtain a licence shall apply in writing to the
(3) A licence issued under this section shall be affixed in a conspicuous place within the retail or wholesale premises.
(4) A licence may be transferred with the written approval of the minister.
(5) [Rep. by 2009 c15 s3]
Suspension or cancellation of licence
(1) Where a retailer or wholesaler violates a provision of this Act or the Tobacco Act
(a) for a first violation, his or her licence shall be suspended for 3 months;
(b) for a second violation, his or her licence shall be suspended for 6 months; and
(c) for a third or subsequent violation, his or her licence shall be cancelled.
(2) A retailer or wholesaler who sells tobacco while his or her licence is suspended or cancelled under subsection (1) is guilty of an offence.
(3) Where a retailer’s or wholesaler’s licence has been suspended or revoked under this section, an inspector shall remove the licence from the premises with respect to which it was issued.
3.3 A person whose licence has been suspended or cancelled under section 3.2 or an applicant for a licence or renewal of a licence whose application has been refused under section 3.1 may appeal against the suspension, cancellation or refusal to the minister responsible for tobacco licensing who may confirm or overrule the suspension, cancellation or refusal.
4. (1) It is an offence for a retailer or other person to sell, give or furnish, directly or indirectly, tobacco, vapour products or non-tobacco shisha to a minor.
(2) It is not a defence to a prosecution for an offence under subsection (1) for the retailer or other person to show that the person under the age of 19 years appeared to be 19 years of age or older.
(3) A retailer or his or her employee shall require a person appearing to be under the age of 19 years to provide proof of age.
(3.1) Where a person is required to produce proof of age under subsection (3), the person shall produce an identification card issued under section 205.1 of the Highway Traffic Act or a driver’s licence issued under section 46 of the Highway Traffic Act or an identification card issued under an equivalent Act by another jurisdiction.
(3.2) A retailer or an employee of a retailer shall not accept, as proof of age, a form of proof other than one referred to in subsection (3.1).
(4) [Rep. by 2009 c15 s6]
Sales prohibited in certain places
4.1 (1) A person shall not sell, or offer for sale, tobacco in
(a) a pharmacy;
(b) a temporary facility;
(c) a facility operated by a regional health authority established under paragraph 6(1)(b) of the Regional Health Authorities Act ;
(d) a personal care home as defined in the Personal Care Home Regulations ;
(e) a long term care home;
(f) a nursing home;
(g) an assisted living facility;
a child care service operated under the Child Care Services Act;
a school as defined in the Schools Act, 1997;
(j) a university as defined in the Memorial University Act ;
(k) a college as defined in the College Act, 1996 ;
(l) a private training institution as defined in the Private Training Institutions Act ;
(m) a building, or that part of a building that is owned, leased or operated by, the Government of Newfoundland and Labrador, an agency of the Government of Newfoundland and Labrador, a Crown corporation or a municipality;
(n) a recreational facility where the primary activity is physical recreation, including
(i) a bowling alley,
(ii) a fitness centre,
(iii) a gymnasium,
(iv) a swimming pool, and
(v) an arena or rink;
(o) a theatre or cinema;
(p) a library;
(q) an art gallery;
(r) a museum;
(s) an amusement park;
(t) a video or games arcade; and
(u) a place prescribed by regulation.
(2) For the purpose of subsection (1)
(a) "pharmacy" means a pharmacy as defined in paragraph 2(l) of the Pharmacy Act, 2012 and includes
(i) a kiosk that permits direct access to a pharmacist, whether in person or by telephone or another means, and from which prescription drugs or other medicines are sold or dispensed, and
(ii) a retail store if
(A) a pharmacy is located within the store, or
(B) 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
(C) a kiosk described in subparagraph (i) is located within the store; and
(b) "temporary facility" means premises established in conjunction with fairs, circuses, concerts, festivals, civic events or another event lasting not longer than 7 consecutive days.
No display of tobacco
4.2 (1) In this section, "tobacco" includes the package in which the tobacco is sold.
(2) A person shall not display or permit the display of tobacco in a place or premises in which tobacco is sold or offered for sale
(a) by a means or in a manner, including the use of a countertop or wall display, that permits a customer in the place or premises to view tobacco before purchasing it, or
(b) by a means or in a manner that makes tobacco visible to the public from the outside of the place or premises.
(3) Notwithstanding subsection (2), it is not an offence for a customer to view tobacco
(a) during the restocking of tobacco;
(b) while a retailer is doing an inventory; or
(c) when a retailer is receiving delivery of tobacco or unpacking tobacco.
No advertising or promotional material
4.3 A person shall not advertise or promote the sale or use of tobacco in a place or premises in which tobacco is sold or offered for sale on the exterior of the place or premises or anywhere within the boundaries of the place or premises.
Cigarette vending machine
4.4 Sections 4.2 and 4.3 do not apply to a cigarette vending machine.
4.5 Notwithstanding section 4.3, a person may in a place or premises in which tobacco is sold or offered for sale
(a) display or make available for viewing upon request, 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 the regulations;
(b) display signs supplied by the minister; or
(c) 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 customer unless he or she is reading the magazine or publication, and
meets the requirements set out in the Tobacco Act
4.6 (1) In this section, "tobacconist shop" means a place or premises in which the only business conducted is the sale of tobacco.
(2) Sections 4.2 and 4.3 do not apply to a tobacconist shop.
(3) A tobacconist shop may display its name outside the shop but advertisements, promotional material or products shall not be
(a) visible from the outside of the shop; or
(b) on the exterior of the shop.
(4) 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.
5. (1) The minister may direct that signs be posted or displayed for the purposes of this Act.
(2) Where the minister directs that signs be posted or displayed at public entrances, on the front of cigarette or vapour products vending machines and elsewhere, those signs shall be visible, unobstructed from view and in a form approved by the minister.
(3) It is an offence for a retailer to fail to post or display signs as directed and required under this Act.
6. A person who reports to an inspector or peace officer a violation or suspected violation of this Act is not liable to a civil action in respect of the allegation contained in the report or anything done in good faith in assistance of an investigation by an inspector or by a peace officer.
7. (1) Notwithstanding the Provincial Offences Act , a retailer guilty of an offence under this Act is liable on summary conviction
(a) for a 1st offence, to a fine of $500 and is prohibited from selling the product to which the offence relates for 3 months;
(b) for a 2nd offence, to a fine of $2,500 and is prohibited from selling the product to which the offence relates for 6 months;
(c) for a 3rd offence and for each subsequent offence, to a fine of $5,000 and is prohibited from selling the product to which the offence relates for 9 months; and
(d) to a fine of $500 for selling the product to which the offence relates while prohibited from doing so under paragraph (a), (b) or (c).
(2) Notwithstanding the Provincial Offences Act , a person other than a retailer guilty of an offence under this Act is liable on summary conviction
(a) for a 1st offence, to a fine of $50;
(b) for a 2nd offence, to a fine of $250; and
(c) for a 3rd offence and for each subsequent offence, to a fine of $500.
(3) Each contravention of this Act constitutes a new and separate offence.
(4) The Minister of Justice and Public Safety or a person authorized by that minister may, either before or after the institution of proceedings against a person for a violation of this Act, accept from the person alleged to have been guilty of the violation payment of the fine for that violation.
(5) Where a person pays a fine under subsection (4) that person shall also be prohibited from selling the product to which the offence relates for the period of time specified under subsection (1).
(6) The payment of an amount under subsection (4) shall, for the purpose of this Act, have the same effect as if the person paying the amount had been convicted of the violation in respect of which the amount was paid and a certificate or a copy of a receipt signed by a person authorized by the Minister of Justice under subsection (4) for the amount so paid is evidence of the conviction without further proof.
(7) All fines imposed under the provisions of the Act and recovered on summary conviction shall be paid to the Consolidated Revenue Fund.
(8) For the purpose of subsections (1) and (2), a conviction for an offence more than one year after the date of the last previous conviction shall be considered to be a conviction for a first offence.
For the purpose of determining whether a conviction of a person for an offence under subsection (1) or (2) is a first, second or third conviction, a conviction of the person for an offence under the Tobacco Act
7.1 (1) Notwithstanding section 7, a retailer or wholesaler who is guilty of an offence under section 3.1 or 3.2 is liable on summary conviction
(a) for a first offence, to a fine of not less than $500 and not more than $5,000, or to imprisonment for a term of not less than one month nor more than 6 months, or to both a fine and imprisonment; and
(b) for a second and subsequent offence, to a fine of not less than $5,000 and not more than $20,000 or to imprisonment for a term of not less than 2 months nor more than 6 months, or to both a fine and imprisonment.
(2) Fines imposed and received under this section shall be paid into the Consolidated Revenue Fund.
Rep. by 2000 c24 s7
8. [Rep. by 2000 c24 s7]
Removal of product
9. (1) Where a retailer is prohibited from selling tobacco under section 3.1, 3.2 or 7, the retailer shall arrange for the removal of all tobacco from his or her business premises until the suspension is over.
(2) Where a retailer is prohibited from selling vapour products under section 7, the retailer shall arrange for the removal of all vapour products from his or her business premises until the suspension is over.
(3) Where a retailer is prohibited from selling non-tobacco shisha under section 7, the retailer shall arrange for the removal of all non-tobacco shisha from his or her business premises until the suspension is over.
10. The Lieutenant-Governor in Council may make regulations
(a) respecting signs required to be displayed under section 5;
(a.1) respecting the manner, location, form, size and content of signs permitted in or on a place or premises in which tobacco, vapour products or non-tobacco shisha are sold or offered for sale;
(a.2) respecting places where the sale of tobacco, vapour products or non-tobacco shisha are prohibited;
(a.3) prescribing a product or device for the purpose of the definition of e-cigarette;
(a.4) prescribing types of tobacco as flavoured tobacco for the purpose of the definition of flavoured tobacco;
(a.5) exempting types and flavours of tobacco from the definition of flavoured tobacco;
(b) notwithstanding section 3, respecting the powers of an inspector to enforce the provisions of this Act;
(c) respecting the notification of a wholesaler by the minister that a retailer is prohibited under section 3.1, 3.2 or 7 from selling tobacco;
(c.1) respecting the notification of a wholesaler by the minister that a retailer is prohibited under section 7 from selling vapour products or non-tobacco shisha;
(d) providing for the appointment or designation of, and prescribing the duties and functions of, inspectors; and
(e) generally to give effect to the purpose of this Act.
Rep. by 2009 c15 s10
11. [Rep. by 2009 c15 s10]
12. This Act comes into force 6 months after the day on which it receives Royal Assent.