Second Session, 46th General Assembly
58 Elizabeth II, 2009
AN ACT TO AMEND THE TOBACCO CONTROL ACT
Received and Read the First Time...................................................................................................
Minister of Health and Community Services
Ordered to be printed by the Honourable House of Assembly
This Bill would amend the Tobacco Control Act.
Clause 1 of the Bill would amend the Act to add a purpose clause.
Clause 2 of the Bill would amend the Act to prohibit interference with or obstruction of an inspector.
Clause 3 of the Bill would amend the Act to remove the requirement for a retailer or wholesaler to file forms annually indicating an intention to sell tobacco.
Clause 4 of the Bill would amend the Act to correct a grammatical error.
Clause 5 of the Bill would amend the Act to clarify which minister is responsible for the suspension or cancellation of a licence.
Clause 6 of the Bill would amend the Act to remove a provision dealing with tobacco in an adult correctional institution.
Clause 7 of the Bill would amend the Act to prohibit the sale of tobacco in certain places.
Clause 8 of the Bill would amend the Act to prohibit the display of tobacco or the advertising or use of promotional materials in a place or premises in which tobacco is sold and, further, to provide that those sections would not apply to cigarette vending machines.
This clause would also amend the Act to add a section respecting the kinds of signs that may be displayed in a place or premises in which tobacco is sold.
This clause would also amend the Act to provide rules for advertising or displays in a tobacconist shop.
Clause 9 of the Bill would amend the Act to allow regulations respecting signs that are permitted in a place or premises in which tobacco is sold and regulations respecting places where the sale of tobacco is prohibited.
Clause 10 of the Bill would amend the Act to repeal an outdated provision.
Clause 11 of the Bill is a commencement clause.
AN ACT TO AMEND THE TOBACCO
4. S.3.2 Amdt.
Ss.4.2 to 4.6 Added
Be it enacted by the Lieutenant-Governor and House of Assembly in Legislative Session convened, as follows:
1. The Tobacco Control Act is amended by adding immediately after section 2 the following:
2.1 The purpose of this Act, in light of conclusive evidence that tobacco use causes premature death and disease, is to protect the health of Newfoundlanders and Labradorians and in particular young people by restricting access to tobacco and tobacco related products and to protect them from inducements to use tobacco.
2. Section 3 of the Act is amended by adding immediately after subsection (2) the following:
(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. Subsection 3.1(5) of the Act is repealed.
4. Subsection 3.2(1) of the Act is amended by striking out the word "who".
5. Section 3.3 of the Act is amended by adding immediately after the word "minister" the words "responsible for tobacco licensing".
6. Subsection 4(4) of the Act is repealed.
7. Section 4.1 of the Act is repealed and the following substituted:
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;
(h) a child care service operated under the Child Care Services Act;
(i) 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(n) of the Pharmacy Act 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.
8. The Act is amended by adding immediately after section 4.1 the following:
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
(ii) 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.
9. Section 10 of the Act is amended by adding immediately after paragraph (a) the following:
(a.1) respecting the manner, location, form, size and content of signs permitted in a place or premises in which tobacco is sold or offered for sale;
(a.2) respecting places where the sale of tobacco is prohibited;
10. Section 11 of the Act is repealed.
11. This Act comes into force on
ŠEarl G. Tucker, Queen's Printer