BILL 63

An Act to Amend the Tobacco and Electronic Cigarette Sales Act

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

1 Section 1 of the Tobacco and Electronic Cigarette Sales Act, chapter T-6.1 of the Acts of New Brunswick, 1993, is amended

ain the definition “smoking supplies” by striking out “vaporizers” and substituting “vaporizers that are not electronic cigarettes”;

bin the French version in the definition « Ministre » by striking out “Ministre” and substituting “ministre”.

2 Section 2.1 of the Act is amended by striking out “or permit to be sold” and substituting “or offer for sale”.

3 The Act is amended by adding after section 2.1 the following:

Sale of substance with noticeable flavour prohibited

2.2( 1) For the purposes of this section, “noticeable flavour” means a flavour that has a noticeable taste or scent, including, but not limited to, the following recognizable flavours:

afruit;

bchocolate;

choney;

dspice;

eclove;

fherb;

galcohol;

hcandy;

ivanilla;

jmenthol; and

kmint.

2.2( 2) No person shall sell or offer for sale a substance that is intended to be heated in an electronic cigarette and that has a noticeable flavour, that is represented as having a noticeable flavour, or that is presented by its packaging, by advertisement or otherwise as having a noticeable flavour.

2.2( 3) No person shall sell or offer for sale a substance that is intended to be added to the substance referred to in subsection (2) and that has a noticeable flavour, that is represented as having a noticeable flavour, or that is presented by its packaging, by advertisement or otherwise as having a noticeable flavour.

2.2( 4) Despite subsections (2) and (3), a person may sell or offer for sale the following substances:

aa substance that is tobacco flavoured and does not have another noticeable flavour; and

ba substance containing cannabis.

4 Subsection 5(1) of the Act is amended by striking out “or permit to be sold” and substituting “or offer for sale”.

5 Section 7 of the French version of the Act is amended

ain subsection (1) by striking out “Ministre” and substituting “ministre”;

bin subsection (2) by striking out “Ministre” and substituting “ministre”.

6 Subsection 9(1) of the French version of the Act is amended in the portion preceding paragraph a) by striking out “Ministre” and substituting “ministre”.

7 Section 11 of the French version of the Act is amended by striking out “Ministre” and substituting “ministre”.

8 Schedule A of the Act is amended

by adding after

2.1...............

E

the following: 

	2.2(2) ...............			E
	2.2(3) ...............			E

9 This Act comes into force on September 1, 2021.