Bill 259 — Second Session, 22Nd Legislature, 39 Elizabeth Ii the Legislative Assembly of Alberta Bill 259 Tobacco Control Act (Legislature 22, Session 2)

L22 S2 2783

Alberta — Bills

1990 BILL 259 Second Session, 22nd Legislature, 39 Elizabeth II THE LEGISLATIVE ASSEMBLY OF ALBERTA BILL 259 TOBACCO CONTROL ACT MR. SCHUMACHER First Reading Second Reading Committee of the Whole Third Reading Royal Assent

Bill 259 Mr. Schumacher BILL 259 1990 TOBACCO CONTROL ACT (Assented to , 1990)

WHEREAS tobacco use has resulted in disease, disabiUty and death of epidemic proportions;

WHEREAS children must be offered protection from tobacco to prevent the spread of the epidemic to future generations; THEREFORE HER MAJESTY, by and with the advice and consent of the Legislative Assembly of Alberta, enacts as follows:

Interpretation ^^

J) J^ jj^is Act, (a) "child" means any person under 18 years of age; (b) "distributor" means a person engaged in the business of selUng tobacco products otherwise than at retail only, and includes a manufacturer or importer; (c) "importer" means a person, including a manufacturer who imports or brings tobacco into Alberta for sale or resale; (d) "inspector" means a person designated as tobacco inspector under this Act; (e) "manufacturer" means any person who produces tobacco products or tobacco paraphernaUa, and includes a corporation that is associated'with such a person; (f) "marketing" includes sale, distribution, packaging, advertising, promotion, and pricing;

(g) "Minister" means the Minister of Health; (h) "peace officer" has the meaning given to it in The Criminal Code, (Canada); (i) "retailer" means a person engaged in any business that includes the sale of a tobacco product at retail; (j) "tobacco paraphernalia" means cigarette papers, cigarette tubes, cigarette makers, cigarette holders and pipes; (k) "tobacco product" means any product manufactured wholly or partly from tobacco and intended for use by smoking, inhalation or mastication, and includes nasal and oral snuff. (I) "wholesaler" means a person who (

i) purchases tobacco from a manufacturer or importer, or (

U) brings tobacco into Alberta and sells that tobacco to a retaUer and includes a manufacturer who sells tobacco to a retailer

(2) For the purpose of this section, two corporations are associated with each other if one is controlled by the other or if both are controUed by the same person. Application 2 Subjcct to sectlou 3 this Act does not apply to a person doing business in a municipaUty in which there is in force a by-law that forbids the sale of tobacco products and tobacco paraphernalia to a child. Marlceting Provisions 3(1) No person may manufacture, distribute, keep for sale, offer for sale or seU a tobacco product unless the tobacco product and the method of packaging and the package in which it is contamed conform to the regulations.

(2) No person may manufacture, distribute, keep for sale, offer for sale or seU any cigarettes unless those cigarettes are enclosed in a package containing not fewer than 20 cigarettes.

(3) No person may manufacture, distribute, keep for sale, offer for sale or sell any candy, novelty or other item that is designed to resemble a tobacco product.

Sale and Possession Licensing Requirements

(4) No person may sell or offer for sale a tobacco product at a discounted, special or reduced price, includmg discounts on account of volume, irrespective of the source of the discount.

(5) No person may offer, give or accept consideration m return for a public display, mcluding at retaU or at wholesale, of a tobacco product or products at retaU.

(6) No person shaU manufacture, seU, possess, control or supply a tobacco vending machine or permit such a machine on premises owned or occupied by that person.

(7) No person shall advertise or promote a tobacco product except as permitted by regulations. 4(1) No person may directly or indirectly sell, distribute or furnish tobacco products or tobacco paraphernaUa to a chUd.

(2) No person may grant a child authority to obtain tobacco products or tobacco paraphernalia except a peace officer for the purpose of monitoring compUance of this Act.

(3) Every person seUing a tobacco product or paraphernalia shall ascertain that the purchaser is not a chUd.

(4) It is not a defence to a charge under subsection (1) that the seller believed the purchaser of the tobacco product or tobacco paraphernaUa was not a chUd. 5(1) No child shaU use, possess, or purchase a tobacco product or tobacco paraphernaUa.

(2) A child who possesses, uses or purchases a tobacco product or tobacco paraphernaUa shaU, if so required by a peace officer mform where and from whom the tobacco product or paraphernaUa was obtained.

(3) A peace officer or person having the powers of a peace officer who finds a child with any tobacco product or tobacco paraphernaUa shaU seize it. 6(1) No person shaU sell or agree to seU tobacco in Alberta for retail consumption without a subsisting retaUer's Ucence issued under the authority of this Act.

(2) Every retailer shaU be requUed to post any signage and mformation prescribed m the regulations, at the place of retail business.

Powers of the Minister Appointment of Inspectors

(3) Every retaUer shaU mform aU employees of the provisions of this Act.

(4) A Ucence issued under this

section is not transferable.

(5) Every wholesaler and unporter who is Ucensed under the authority of the Tobacco Tax Act, is subject to aU provisions of this Act, save the provisions that are specificaUy appUed to retaUers. 7(1) The Minister may by order (

a) refuse to issue or renew, or may revoke or suspend any Ucence; (

b) prohibit any person or class of persons from acquiring licences; (

c) attach or remove conditions or terms to any tobacco Ucence; (

d) restrict the total number of Ucences issued; (

e) prohibit a person or any class of persons from distributing, keep for sale, offering for sale or selling tobacco products whereof the person is not so Ucensed; and

(2) Where the Minister proposes (

a) to refuse to issue or renew a Ucence; (

b) to suspend or revoke a Ucence; or (

c) to attach conditions or terms to a Ucence, the Miiuster shaU serve notice of the proposal together with written reasons on the appUcant or holder of the Ucence.

(3) Where the Miiuster proposes to suspend or revoke a Ucence, the Miiuster may by order temporarUy suspend the Ucence and the order shaU take effect immediately, notwithstanding that subsection (2) has not been compUed with. 8(1) The Minister may designate as a tobacco product inspector any person who, m the opinion of the Minister, is qualified to be so designated.

(2) The Minister shaU furnish every mspector with a certUicate of the inspector's designation as such and, on entermg any place

Reporting Regulations Offences and Punishment described in subsection (3), an inspector shaU, on demand, produce the certificate to the person in charge.

(3) An inspector may at any reasonable time enter upon any premises in respect of which Ucence is issued to make an inspection for the purpose of ensuring that the provisions of this Act and the regulations and terms and conditions of the licence are being compUed with, and no person shaU obstruct the mspector or withhold or destroy, conceal or refuse to furnish any information or thing required by the inspector for the purposes of inspection. 9(1) Every distributor of tobacco products shaU report to the Minister, in the prescribed form and manner, and at the prescribed intervals, (

a) aU information that must be reported to the federal Minister of National Health and Welfare pursuant to

section 10(1) of the Tobacco Products Control Act (Canada); (

b) aU market research respecting tobacco products undertaken withm Alberta by, for or on behalf of the distributor, or obtained by the distributor; (

c) a Ust of the persons to whom tobacco is supplied by the distributor and the quantity supplied to each; (

d) the quantity of tobacco products imported into, and exported from Alberta by the distributor.

(2) The Mmister shaU make publicly available all information reported pursuant to this section. 10 The Lieutenant Governor in Council may make regulations (

a) prescribing anything that by this Act may be prescribed; (

b) respectmg the issue of retaU Ucences, and licence fees. 11 Except as otherwise provided in this Act, every person other than a Ucensed retailer who contravenes this Act or the regulations (

a) if found guUty on

summary conviction for an offence under

section 4, 6, 7 or 10 is liable (

i) for a fu-st offence, to a fine not exceeding $2000 or to unprisonment for a term not exceeding 6 months, or to both, and

(

U) for a second or subsequent offence to a fine not exceeding $5000 or to unprisonment for a term not exceeding 6 months, or to both; or (

b) if found guUty of an mdictable offence under

section 4, 6, 7 or 10 is Uable (

i) for a fu-st offence to a fme not exceedmg $200 000 or to imprisonment for a term not exceeding one year, or to both, and (

U) for a second or subsequent conviction to a fine not exceeding $500 000 or to imprisonment for 2 years, or to both. 12 Except as otherwise provided in this Act, every Ucensed retaUer who contravenes this Act or the Regulations if found guilty on

summary conviction under sections 4, 6 or 7 is liable (

a) for a first offence to a fine not exceeding $2000 and a licence suspension for a period not exceeding 12 months, and (

b) for a second or subsequent offence to a fine not exceeding $5000 and Ucence revocation. General 13 If a corporation commits an offence against this Act, each director or other person concerned in the management of the corporate body is also guUty of, and Uable to the penalty provided for, that offence unless the director or other person proves that he exercised reasonable dUigence to prevent the commission of the offence by the corporation. 14 The Minister may subject every retailer and distributor to routine and random inspection for the purpose of monitoring compUance with this Act.

Other duties Crown bound 15 Nothing in this Act affects any other legal duty or obligation of a distributor, retaUer or other person existing prior to thc commencement of this Act. 16 This Act binds the Crown. Coming into force jy j^^^ ^^j ^^^^^ -^^^^ f^j.^^ ^ mouths after the day it receives Royal Assent. Title: 1990 (22nd 2nd) Bill 259, Tobacco Control Act

Document details

Collection	Alberta — Bills
Citation	L22 S2 2783
Type	bill
Volume / chapter	L22 S2 2783
Language	en
Format	json
Source	PROVINCIAL
Identifier	2eaebbdd822599a6779234232fce94c1bb00595f

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