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TOBACCO REDUCTION AMENDMENT ACT, 2013

TOBACCO REDUCTION
AMENDMENT ACT, 2013

Chapter 24

HER MAJESTY, by and with the advice and consent of the Legislative Assembly of Alberta, enacts as follows:

Amends SA 2005 cT‑3.8

1   The Tobacco Reduction Act is amended by this Act.

 

3   Section 1 is amended

                            (c)    by repealing clause (i) and substituting the following:

                                  (i)    “smoke a tobacco product” means to smoke, hold or otherwise have control over a lit or heated tobacco product;

                           (d)    by adding the following after clause (i):

                              (i.1)    “smoke a tobacco‑like product” means to smoke, hold or otherwise have control over a lit or heated tobacco‑like product;

                            (e)    by adding the following after clause (j):

                              (j.1)    “tobacco‑like product” means, subject to the regulations, a product, other than a tobacco product, composed in whole or in part of

                                        (i)    plants or plant products, or any extract of them, or

                                      (ii)    other substances prescribed by regulation;

 

4   Section 3 is amended

                            (a)    by striking out “smoke” and substituting “smoke a tobacco product or tobacco‑like product”;

6   Section 5 is amended

                            (a)    in subsections (1) and (2) by striking out “smoke” and substituting “smoke a tobacco product or tobacco‑like product”;

                           (b)    in subsections (1)(b) and (2)(c) by striking out “smoking” and substituting “smoking a tobacco product or tobacco‑like product”.

 

7   Section 6 is amended

                            (a)    by striking out “smoking” and substituting “smoking a tobacco product or tobacco‑like product”;

                           (b)    by striking out “smoke” and substituting “smoke a tobacco product or tobacco‑like product”.

 

8   Section 7 is amended

                            (a)    by striking out “smoking” wherever it occurs and substituting “smoking a tobacco product or tobacco‑like product”;

 

19   Section 9(1) is amended

                           (b)    by adding the following after clause (c):

                              (c.1)    respecting what constitutes a tobacco‑like product for the purpose of section 1(j.1);

                            (c)    in clause (e)

                                  (i)    by striking out “and” at the end of subclause (i)(D), by adding “and” at the end of subclause (i)(E) and by adding the following after subclause (i)(E):

                                       (F)    to seize any tobacco‑like product for the purposes of administering and enforcing this Act and the regulations;

                                 (ii)    by repealing subclause (ii);

                           (d)    by adding the following after clause (e):

                              (e.4)    respecting the handling and disposition of seized tobacco products and tobacco‑like products and displays relating to tobacco products;

                            (f)    by repealing clause (g) and substituting the following:

                              (g.2)    respecting the exemption of a tobacco product or tobacco‑like product from the application of all or any of the provisions of this Act or the regulations;

 

20   Section 10 is amended by striking out “smoking” wherever it occurs and substituting “smoking a tobacco product or tobacco‑like product”.

 

22   On the coming into force of section 4(a) of this Act,

                            (a)    section 3.1(1) is amended by adding “or tobacco-like product” after “tobacco product”;

                           (b)    sections 8.1 and 8.2 are amended by adding “or tobacco‑like product” after “tobacco product” wherever it occurs;

                            (c)    section 8.3 is repealed and the following is substituted:

Inference of tobacco or tobacco-like product

8.3(1)  In a prosecution under this Act, the court trying the case may, in the absence of evidence to the contrary, infer that the product smoked was a tobacco product or tobacco-like product from the fact that a witness describes it by a name that is commonly used to describe a tobacco product or tobacco-like product, as the case may be.

(2)  In a prosecution under this Act, the court trying the case may, in the absence of evidence to the contrary, infer that the product possessed or consumed by a minor was a tobacco product from the fact that a witness describes it by a name that is commonly used to describe a tobacco product.

 

24   This Act comes into force on Proclamation.