Bill 54 - Artificial Tanning Act

BILL 54

Artificial Tanning Act

Her Majesty, by and with the advice and consent of the Legislative Assembly of New Brunswick, enacts as follows:

Definitions

1 The following definitions apply in this Act.

“artificial tanning” means tanning induced by the use of tanning equipment. (bronzage artificiel)

“commercial tanning operation” means a business or undertaking in which the use of tanning equipment is permitted. (exploitation commerciale de bronzage)

“inspector” means a person designated as an inspector under section 6. (inspecteur)

“Minister” means the Minister of Health and includes any person designated by the Minister to act on the Minister’s behalf. (ministre)

“operator ” means the owner of a commercial tanning operation and includes the person who manages or controls a commercial tanning operation. (exploitant)

“tanning equipment” means a device that can be equipped with one or more ultraviolet lamps and induces skin tanning or other cosmetic effects but does not include any such device that is used solely in the production of therapeutic effects for medical purposes. (appareil de bronzage)

Artificial tanning by a person under 19 years of age

2( 1) An operator shall not permit a person under 19 years of age to use tanning equipment in a commercial tanning operation or to have access to any room in the commercial tanning operation in which tanning equipment is installed.

2( 2) A person seeking to use tanning equipment in a commercial tanning operation or to have access to any room in the commercial tanning operation in which tanning equipment is installed may be required to provide proof that he or she is at least 19 years of age.

2( 3) Despite subsection (1), an employee of a commercial tanning operation under 19 years of age may have access to any room in the commercial tanning operation in which tanning equipment is installed.

Defence

3( 1) In a proceeding respecting an offence under subsection 2(1), a penalty shall not be imposed on an operator who can prove, on a balance of probabilities, that before permitting a person under 19 years of age to use tanning equipment in a commercial tanning operation or to have access to any room in the commercial tanning operation in which tanning equipment is installed, the operator

(a) attempted to verify that the person was at least 19 years of age by asking for documentation to verify the person’s age, and

(b) had reasonable grounds to believe that the documentation provided was authentic and that the person was at least 19 years of age.

3( 2) For the purposes of subsection (1), only the following documentation may be used to verify a person’s age:

(a) a valid driver’s licence;

(b) a passport;

(d) a Canadian permanent resident document;

(e) a Canadian Forces identification card; or

(f) any other documentation that

( i) is issued by or under the authority of the Government of Canada or the Government of the United States of America, the government of any province or territory of Canada or of any state of the United States of America or any agency of any such government, and

( ii) contains the person’s name, signature, photograph and date of birth.

Posting of signs

4 An operator shall post signs provided by the Minister that state the prohibitions and the adverse health effects of artificial tanning in clearly visible and prominent places in a commercial tanning operation.

Advertising

5 Direct or indirect advertising promoting artificial tanning is prohibited if it is

(a) directed at persons under 19 years of age, or

(b) false or misleading or likely to create an erroneous impression about the health effects or health risks of artificial tanning, including advertising in which any of the following claims are made:

( i) that artificial tanning is beneficial to a person’s health;

( ii) that artificial tanning is a means of obtaining vitamin D; or

( iii) that artificial tanning is a means of obtaining a base tan.

Inspectors

6( 1) The Minister may designate persons as inspectors for the purposes of this Act and the regulations.

6( 2) The Minister shall issue to an inspector a certificate of appointment bearing the Minister’s signature or a facsimile of it.

6( 3) An inspector who exercises powers under this Act or the regulations shall produce his or her certificate of appointment when requested to do so.

Inspections

7( 1) At any reasonable time, an inspector may enter and inspect a commercial tanning operation for the purpose of ensuring compliance with this Act and the regulations.

7( 2) Before or after attempting to enter a commercial tanning operation under subsection (1), an inspector may apply for an entry warrant under the Entry Warrants Act.

7( 3) An inspector shall not enter a private dwelling under subsection (1) unless the inspector is entering in one of the following circumstances:

(a) the inspector is entering with the consent of a person who appears to be an adult and an occupant of the dwelling; or

(b) the inspector has obtained an entry warrant under the Entry Warrants Act.

7( 4) During an inspection, an inspector may do any of the following:

(a) require to be produced for inspection, or for the purpose of obtaining copies or extracts, any record or document; and

(b) make those examinations and inquiries of any person that the inspector considers necessary for the purpose of ensuring compliance with this Act and the regulations.

7( 5) Immediately on demand by an inspector, the operator shall produce a record or document required by the inspector under subsection (4).

7( 6) Every person shall give an inspector all reasonable assistance to enable the inspector to carry out an inspection under this section, including providing the inspector with the information that the inspector reasonably requires.

7( 7) An inspector acting under this section may request the assistance of a peace officer.

Removal of records and documents

8( 1) For the purposes of section 7, an inspector may remove a record or document from a commercial tanning operation and may make a copy or extract of it or any part of it and shall give a receipt for the record or document to the person who provided it to the inspector.

8( 2) When a record or a document is removed from a commercial tanning operation, it shall be returned as soon as possible after the copies or extracts have been made.

8( 3) A copy or extract of a record or document related to an inspection and purporting to be certified by the inspector is admissible in evidence in a proceeding or prosecution as proof, in the absence of evidence to the contrary, of the original without proof of the appointment, authority or signature of the inspector.

Inspection without warrant

9 During an inspection, an inspector may, without a warrant, enlist the aid of persons under 19 years of age to make test purchases to verify that the operator is complying with section 2 unless the commercial tanning operation is located in a private dwelling.

Confidentiality of information

10( 1) A statement, declaration, record or document made or given by a person at the request of an inspector in the course of an inspection is confidential and for the information and use of the Minister only and may not be inspected by any other person without the written authorization of the Minister.

10( 2) If this section is inconsistent with or in conflict with a provision of the Right to Information and Protection of Privacy Act, this section prevails.

Obstruction of inspector

11( 1) No person shall obstruct or interfere with an inspector who is carrying out or attempting to carry out an inspection under section 7.

11( 2) A person is not interfering with or obstructing an inspector if the person refuses to consent to the inspector entering a private dwelling unless an entry warrant has been obtained.

Offences

12( 1) A person who violates or fails to comply with a provision of this Act that is listed in Column I of Schedule A commits an offence.

12( 2) For the purposes of Part 2 of the Provincial Offences Procedure Act, each offence listed in Column I of Schedule A is punishable as an offence of the category listed beside it in Column II of Schedule A.

12( 3) If an offence under this Act continues for more than one day,

(a) the minimum fine that may be imposed is the minimum fine set by the Provincial Offences Procedure Act multiplied by the number of days during which the offence continues, and

(b) the maximum fine that may be imposed is the maximum fine set by the Provincial Offences Procedure Act multiplied by the number of days during which the offence continues.

Regulations

13 The Lieutenant-Governor in Council may make regulations

(a) giving additional powers or duties to inspectors;

(b) prescribing provisions of the regulations the violation of which or the failure to comply with which constitutes an offence;

(c) with respect to offences under the regulations, prescribing the categories of offences for the purposes of Part 2 of the Provincial Offences Procedure Act;

(d) defining any word or expression used in but not defined in this Act for the purposes of this Act, the regulations or both;

(e) respecting any other matter that may be necessary for the proper administration of this Act.

SCHEDULE A

Column I		Column II

Provision		Category of Offence
	2(1) ...............		E
	4...............		B
	5...............		E
	11(1) ...............		E