O.C. 436/2014

A.R. 201/2014

November 13, 2014


            The Lieutenant Governor in Council makes the Tobacco Reduction Amendment Regulation set out in the attached Appendix.

For Information only

Recommended by:          Minister of Health

Authority:                           Tobacco Reduction Act (section 9)


 

APPENDIX

Tobacco and Smoking Reduction Act

TOBACCO REDUCTION AMENDMENT REGULATION

1   The Tobacco Reduction Regulation (AR 240/2007) is amended by this Regulation.

 

2   The title is repealed and the following title is substituted:

TOBACCO AND SMOKING REDUCTION REGULATION

 

3   The following is added after section 1:

School building

1.1   For the purposes of section 3.1 of the Act, “school building” means a school building within the meaning of the School Act, including the related school grounds and parking lots.

Furnishing

1.2   For the purposes of this Regulation and section 7.5 of the Act, “furnish” means

                               (a)    sell,

                              (b)    lend,

                               (c)    assign,

                              (d)    give or send, with or without consideration, or

                               (e)    barter or deposit with another person for the performance of a service.

 

4   The following is added before section 2:

Characterizing flavour

1.3(1)  In this section, “additive” means an ingredient other than tobacco leaves added to a tobacco product, its unit packet or any outside packaging.

(2)  For the purposes of this Regulation and section 7.4 of the Act, “characterizing flavour” means a clearly noticeable smell or taste other than tobacco that

                               (a)    results from an additive or combination of additives, and

                              (b)    is noticeable before or during the use of the tobacco product.

(3)  For greater certainty, characterizing flavour includes but is not limited to the following characterizing flavours:

                               (a)    fruit;

                              (b)    chocolate;

                               (c)    honey;

                              (d)    spice;

                               (e)    clove;

                               (f)    herb;

                               (g)    alcohol;

                              (h)    candy;

                               (i)    vanilla.

(4)  No tobacco product shall be determined to have a characterizing flavour solely because of the use of additives or flavourings.

 

5   The following is added after section 2:

Signs prohibiting the sale of tobacco products to a minor

2.1(1)  For the purposes of section 7(2.1) of the Act, a sign prohibiting the sale of tobacco products to a minor must be posted

                               (a)    at every location in the retail establishment where tobacco products are sold, and

                              (b)    in such a manner that the sign is conspicuous and not obstructed from view and is clearly visible to an individual working in the capacity of a sales clerk.

(2)  Notwithstanding section 4(1), a sign prohibiting the furnishing of tobacco products to a minor must

                               (a)    have a total surface area of not less than 600 cm2 and minimum dimensions of 20 cm by 30 cm, and

                              (b)    state “It is prohibited by provincial law to sell tobacco products to persons under 18 years of age”, which

                                        (i)    must be centred,

                                      (ii)    must be set out in black Helvetica bold type font on a white background,

                                     (iii)    must be set out in a size that is clearly legible and must occupy approximately 30% to 40% of the total surface area of the sign,

                                     (iv)    must use upper case lettering for the first letter of the message and lower case lettering for the remainder of the message, and

                                       (v)    must be surrounded by a red border that is 1 cm to 1.5 cm wide along the edges of the sign.

 

6   Section 4(1) and (2) are amended by striking out “A sign posted under the Act” and substituting “For the purposes of section 7 of the Act, a sign posted”.

 

7   The following is added after section 5:

Identification

5.1   For the purposes of section 7.5(2) and (3) of the Act, the following types of identification showing the person’s full name, photograph, date of birth and signature may be provided as proof of the person’s age by a person who appears to be less than 25 years of age:

                               (a)    an operator’s licence or driver’s licence;

                              (b)    a passport;

                               (c)    a Canadian permanent resident document;

                              (d)    a Canadian Armed Forces identification card;

                               (e)    any other documentation that is issued by the federal government or a provincial government or a foreign government.

 

8   Section 7 is amended

                               (a)    in clause (a) by striking out “or” at the end of subclause (ii) and by adding the following after subclause (ii):

                                   (ii.1)    any vehicle in which a minor is present, or

                               (b)    in clause (e) by striking out “or workplace” wherever it occurs and substituting “, workplace, public vehicle or private vehicle”.

 

9   The following is added after section 7:

Traditional use of tobacco by aboriginal persons

7.1(1)  Section 3.1 of the Act does not prohibit an Aboriginal person under the age of 18 years from possessing, smoking or otherwise consuming a tobacco product or holding a lighted tobacco product if the activity is carried out for traditional Aboriginal cultural or spiritual purposes.

(2)  Section 3.1 of the Act does not prohibit a non‑Aboriginal person under the age of 18 years from possessing, smoking or otherwise consuming a tobacco product or holding a lighted tobacco product if the activity is carried out with an Aboriginal person and for traditional Aboriginal cultural or spiritual purposes.

Enforcement by a person under 18 years of age

7.2   Despite section 3.1 of the Act, the possession of a tobacco product by a person under the age of 18 years for the purpose of enforcing or ensuring compliance with any enactment prohibiting or restricting the sale of tobacco products to persons under the age of 18 years is not prohibited if such possession is authorized by a person whose duty it is to enforce or to ensure compliance with the enactment.

Employee under the age of 18 years

7.3(1)  To avoid any doubt, an employee who is under the age of 18 years is not in contravention of section 3.1(2) of the Act when that employee holds, gives, carries or otherwise handles a tobacco product while on duty and working in the capacity of an employee.

(2)  Despite subsection (1), if an employee who is under the age of 18 years smokes or otherwise consumes a tobacco product anywhere on the premises where he or she usually works, whether on duty or not, that employee is in contravention of section 3.1(1)(a) of the Act.

 

10   The following is added after section 8:

Disposition of tobacco product

8.1  When a person is not convicted of an offence under the Act, a justice may make an order concerning the disposition of any tobacco product seized in relation to that alleged offence.

 

11   The following is added after section 9:

Minimum package size

9.1(1)  In this section,

                               (a)    “bidi” means a tobacco product that is wrapped in the leaf of the plant Diospyros melanoxylon (temburni) or Diospyros exculpra (tendu) or is sold or offered for sale under the name “bidi”, “beedi” or “beedie” or any other variation of that name;

                              (b)    “blunt wrap” means a sheet, including a sheet that is rolled, that is composed of natural or reconstituted tobacco or natural and reconstituted tobacco and that is ready to be filled;

                               (c)    “cigar” means a roll or tubular construction that is intended for smoking that consists of

                                        (i)    a filler composed of natural tobacco, reconstituted tobacco or natural and reconstituted tobacco, and

                                      (ii)    a wrapper, or a binder and a wrapper, composed of natural tobacco, reconstituted tobacco or natural and reconstituted tobacco in which the filler is wrapped, and

                                       may include a mouthpiece (tip) or filter;

                              (d)    “designated cigar” means a cigar that has a cigarette filter or weighs more than 1.4 grams and less than 5 grams excluding the weight of any mouthpiece or tip.

(2)  For the purposes of section 7.21 of the Act, the following are the minimum numbers of units of each tobacco product that may be sold or offered for sale:

                               (a)    cigarettes — 20 units;

                              (b)    designated cigars that have a retail price of less than $4.00 per unit, other than little cigars as defined in the Tobacco Act (Canada) — 4 units;

                               (c)    cigars that are little cigars as defined in the Tobacco Act (Canada) — 20 units;

                              (d)    bidis — 20 units;

                               (e)    blunt wraps — 20 units.

 

12   The following is added after section 10.1:

Exemption for sale of flavoured tobacco products

10.2(1)  In this section, “cigar” means cigar as defined in section 9.1(1)(c).

(2)  The following flavoured tobacco products are exempted from the prohibition in section 7.4(2) of the Act:

                               (a)    cigars that have a retail price of more than $4.00 per unit and weigh 5 grams or more;

                              (b)    pipe tobacco;

                               (c)    tobacco products that impart a clearly noticeable smell or taste of menthol and do not also impart another characterizing flavour.

 

13   Section 12 is amended by striking out “September 30, 2016” and substituting “October 31, 2019”.

 

14(1)  Sections 1, 2, 3, 5, 6, 7, 8, 9 and 10 come into force on the coming into force of section 23 of the Tobacco Reduction Amendment Act, 2013. 

(2)  Sections 4 and 12 come into force on the coming into force of the Tobacco Reduction (Flavoured Tobacco Products) Amendment Act, 2013.

(3)  Section 11 comes into force on the coming into force of section 9 of the Tobacco Reduction Amendment Act, 2013.