Second Session, 44th General Assembly
49 Elizabeth II, 2000
AN ACT TO AMEND THE TOBACCO CONTROL ACT
Received and Read the First Time
HONOURABLE ROGER GRIMES
Minister of Health and Community Services
Ordered to be printed by the Honourable House of Assembly
Clause 1 of this Bill would amend the Tobacco Control Act to clarify that an accessory used in the consumption of tobacco includes cigarette papers.
Clause 2 of the Bill would amend subsection 3(2) of the Act to provide that an inspector may enter and inspect the premises of a tobacco wholesaler. At present, an inspector may do so only with respect to the premises of a retailer of tobacco.
Clause 2 would also provide that an inspector may commence proceedings in respect of a violation of the Act in the form of a ticket issued under the Provincial Offences Act. That Act, passed in 1995, and so after the enactment of the Tobacco Control Act, provides for a uniform system of commencing a proceeding in respect of a violation of any provincial Act by way of a ticket.
Clause 3 of the Bill would provide for an administrative suspension of a licence to sell tobacco for a period of 3 months. Currently the Act provides for a suspension of 2 months. This amendment would create uniformity with the penalty a court may impose under section 7.1 of the Act.
Clause 3 would also provide that an inspector shall remove a licence that has been suspended from the premises with respect to which it was issued.
Clause 4 of the Bill would provide that where proof of age is required of a person attempting to purchase tobacco, only a photo identification card containing the person's age would constitute valid proof.
Clause 5 of the Bill would prohibit the sale of tobacco by pharmacies.
Clause 6 of the Bill would provide that for the purpose of determining whether a conviction of a person for an offence under the Act is a first, second or third offence, a conviction of the person for an offence under the Tobacco Act (Canada) would be treated as if it were a conviction for an offence under the provinceís Act.
Clauses 7 and 8 of the Bill would amend the Act for the reasons given for the second amendment proposed in clause 2.
AN ACT TO AMEND THE TOBACCO
1. S.2(a) R&S
2. S.3(2) R&S
3. S.3.2 Amdt.
4. S.4(3.1) & (3.2) Added
5. S.4.1 Added
6. S.7 Amdt.
7. S.8 Rep.
8. S.10 R&S
Be it enacted by the Lieutenant-Governor and House of Assembly in Legislative Session convened, as follows:
1. Paragraph 2(a) of the Tobacco Control Act is repealed and the following substituted:
(a) "accessory" means a product that may be used in the consumption of tobacco and includes cigarette papers, a pipe, a cigarette holder, and a cigar clip;
2. Subsection 3(2) of the Act is repealed and the following substituted:
(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 wholesalerís tobacco 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;
(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. (1) Paragraph 3.2(1)(a) of the Act is repealed and the following substituted:
(a) for a first violation, his or her licence shall be suspended for 3 months;
(2) Section 3.2 of the Act is amended by adding immediately after subsection (2) the following:
(3) Where a retailerís or wholesalerís 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.
4. Section 4 of the Act is amended by adding immediately after subsection (3) the following:
(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 driverís 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).
5. (1) The Act is amended by adding immediately after section 4 the following:
4.1 (1) A person shall not sell, or offer for sale, tobacco in a pharmacy.
(2) For the purpose of subsection (1), "pharmacy" means a pharmacy as defined in paragraph 2(n) of the Pharmaceutical Association Act, 1994, and includes
(a) 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
(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) is located within the store.
(2) This section comes into force on a day to be proclaimed by the Lieutenant-Governor in Council.
6. Subsection 7(8) of the Act is repealed and the following substituted:
(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.
(9) 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 (Canada) shall be considered to be a conviction for an offence under this Act.
7. Section 8 of the Act is repealed.
8. Section 10 of the Act is repealed and the following substituted:
10. The Lieutenant-Governor in Council may make regulations
(a) respecting signs required to be displayed under section 5;
(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;
(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.
©Earl G. Tucker, Queen's Printer