BILL 57
An Act to Amend the Tobacco Sales Act
Her Majesty, by and with the advice and consent of the Legislative Assembly of New Brunswick, enacts as follows:
1 The title of the Tobacco Sales Act, chapter T-6.1 of the Acts of New Brunswick, 1993, is repealed and the following is substituted:
Tobacco and Electronic Cigarette Sales Act
2 Section 1 of the Act is amended
(a) in the definition “package” by striking out “tobacco is sold” and substituting “tobacco, smoking supplies or electronic cigarettes are sold,”;
(b) by adding the following definitions in alphabetical order:
“electronic cigarette” means a vaporizer or inhalant-type device, whether called an electronic cigarette or any other name, that contains a power source and heating element designed to heat a substance and produce a vapour intended to be inhaled directly through the mouth by the user of the device, and includes the substance that is heated; (cigarette électronique)
“promotional material” means any sign or exhibit that displays a brand-name or trademark of tobacco, smoking supplies or electronic cigarettes or that displays a corporate name that incorporates a brand-name or trademark of tobacco, smoking supplies or electronic cigarettes; (matériel promotionnel)
“smoking supplies” means cigarette papers, blunt wraps, cigarette tubes, cigarette filters, cigarette holders and pipes; (articles pour fumer)
3 The Act is amended by adding after section 2 the following:
Sale of flavoured tobacco prohibited
2.1 Despite any other provision of this Act, no person shall sell or permit to be sold tobacco that is represented as being flavoured, that is presented by its packaging, by advertisement or otherwise as being flavoured or that contains a flavouring agent, including menthol.
4 Section 3 of the Act is repealed and the following is substituted:
Posting of signs
3 A person who sells or offers for sale tobacco or electronic cigarettes shall display signs in the manner, place, form and size and with the content prescribed by regulation.
5 Section 5 of the Act is amended
(a) in subsection (1) by striking out “tobacco” and substituting “tobacco, smoking supplies or electronic cigarettes”;
(b) in subsection (2) by striking out “tobacco” and substituting “tobacco, smoking supplies or electronic cigarettes”;
(c) in subsection (4) by striking out “tobacco” and substituting “tobacco, smoking supplies or electronic cigarettes”.
6 Section 6 of the Act is amended by striking out “tobacco” and substituting “tobacco, smoking supplies or electronic cigarettes”.
7 Subsection 6.1(1) of the Act is amended by striking out “tobacco” and substituting “tobacco, smoking supplies or electronic cigarettes”.
8 Section 6.3 of the Act is repealed and the following is substituted:
Dispensing devices
6.3 No person shall sell or offer for sale or furnish or permit to be furnished tobacco, smoking supplies or electronic cigarettes in a retail store by means of a dispensing device.
9 Section 6.4 of the Act is repealed and the following is substituted:
Display of tobacco, smoking supplies or electronic cigarettes prohibited
6.4( 1) In this section, “tobacco”, “smoking supplies” and “electronic cigarettes” include the package in which these products are sold.
6.4( 2) No person shall display or permit the display of tobacco, smoking supplies or electronic cigarettes in any place or premises in which these products are sold or offered for sale at retail by any means or in any manner, including
(a) a display that permits a consumer to view these products before purchasing them, and
(b) a display that makes these products visible to the public from the outside of the place or premises.
10 Section 6.5 of the Act is repealed and the following is substituted:
Advertising of tobacco, smoking supplies or electronic cigarettes prohibited
6.5( 1) No person shall advertise or promote the sale or use of tobacco, smoking supplies or electronic cigarettes in any place or premises in which these products are sold or offered for sale at retail.
6.5( 2) No person shall advertise or promote the sale or use of tobacco, smoking supplies or electronic cigarettes by means of an advertisement or promotional material in any place or premises in which these products are sold or offered for sale at retail if the advertisement or promotional material is visible from the outside of the place or premises.
6.5( 3) Despite subsection (1), a person may, in any place or premises in which tobacco, smoking supplies or electronic cigarettes are sold or offered for sale at retail,
(a) display a sign that lists the types of tobacco, smoking supplies or electronic cigarettes and their prices, if the sign is displayed in accordance with section 3, and
(b) display a magazine or other publication that is offered for sale and that contains advertising for tobacco, smoking supplies or electronic cigarettes, if the magazine or publication
( i) is displayed in a way that the advertisement is not visible to a consumer unless he or she is reading the magazine or publication, and
( ii) meets the requirements set out in the Tobacco Act (Canada) and the regulations under that Act.
11 Section 6.6 of the Act is amended
(a) by repealing subsection (1) and substituting the following:
6.6( 1) The following definitions apply in this section.
“tobacconist shop” means a place or premises in which the primary business conducted is the sale of tobacco. (tabagie)
“vapour shop” means a place or premises in which the primary business conducted is the sale of electronic cigarettes. (boutique de vapotage)
(b) by repealing subsection (2) and substituting the following:
6.6( 2) Paragraph 6.4(2)(a) and subsections 6.5(1) and (3) do not apply to a tobacconist shop or a vapour shop.
(c) in subsection (3) by striking out “a tobacconist shop” and substituting “a tobacconist shop or a vapour shop”.
12 Subsection 7(3) of the Act is amended
(a) in paragraph (a) by striking out “tobacco is sold or offered for sale” and substituting “tobacco, smoking supplies or electronic cigarettes are sold or offered for sale”;
(b) in paragraph (c) by striking out “tobacco” and substituting “tobacco, smoking supplies or electronic cigarettes”.
13 Section 12 of the Act is amended
(a) by repealing paragraph (a) and substituting the following:
(a) prescribing the manner, place, form, size and content of signs to be displayed by persons who sell or offer for sale tobacco or electronic cigarettes, which regulations may vary for different classes of persons who sell or offer for sale tobacco or electronic cigarettes;
(b) in paragraph (b) by striking out “tobacco” and substituting “tobacco or electronic cigarettes”;
(c) by adding after paragraph (c.1) the following:
(c.2) prescribing the circumstances in which electronic cigarettes are exempt from the application of this Act or the regulations or from any provision of this Act or the regulations;
14 Schedule A of the Act is amended by striking out
and substituting the following:
| 2.1............... | E |
| | 3............... | B |
15( 1) Subject to subsection (2), this Act comes into force on July 1, 2015.
15( 2) Section 3 of this Act comes into force on January 1, 2016.