Second

Session, 46th General Assembly

Elizabeth II, 2009

BILL 17

AN ACT TO AMEND THE

TOBACCO CONTROL ACT

Received and Read the First Time ...................................................................................................

Second Reading .................................................................................................................................

Committee ............................................................................................................................................

Third Reading .....................................................................................................................................

Royal Assent ......................................................................................................................................

HONOURABLE

ROSS

WISEMAN

Minister of Health and Community Services

Ordered

to be printed by the Honourable House of Assembly

EXPLANATORY NOTES

This Bill would amend the Tobacco Control Act .

Clause 1 of the Bill would amend the

Act to add a purpose clause.

Clause 2 of the Bill would amend the

Act to prohibit interference with or obstruction of an inspector.

Clause 3 of the Bill would amend the

Act to remove the requirement for a retailer or wholesaler to file forms

annually indicating an intention to sell tobacco.

Clause 4 of the Bill would amend the

Act to correct a grammatical error.

Clause 5 of the Bill would amend the

Act to clarify which minister is responsible for the suspension or cancellation

of a licence.

Clause 6 of the Bill would amend the

Act to remove a provision dealing with tobacco in an adult correctional

institution.

Clause 7 of the Bill would amend the Act

to prohibit the sale of tobacco in certain places.

Clause 8 of the Bill would amend the

Act to prohibit the display of tobacco or the advertising or use of promotional

materials in a place or premises in which tobacco is sold and, further, to provide

that those sections would not apply to cigarette vending machines.

This clause would also amend the Act

to add a

section respecting the kinds of signs that may be displayed in a place

or premises in which tobacco is sold.

This clause would also amend the Act

to provide rules for advertising or displays in a tobacconist shop.

Clause 9 of the Bill would amend the

Act to allow regulations respecting signs that are permitted in a place or

premises in which tobacco is sold and regulations respecting places where the

sale of tobacco is prohibited.

Clause 10 of the Bill would amend the

Act to repeal an outdated provision.

Clause 11 of the Bill is a

commencement clause.

A BILL

AN ACT TO AMEND THE TOBACCO

CONTROL ACT

Analysis

S.2.1 Added

Purpose

S.3 Amdt.

Inspectors

S.3.1 Amdt.

Licence

4. S.3.2 Amdt.

Suspension or cancellation of licence

S.3.3 Amdt.

Appeal

S.4 Amdt.

Offence

S.4.1 R&S

Sales prohibited in certain places

Ss.4.2 to 4.6 Added

4.2 No display of tobacco

4.3 No advertising or

promotional material

4.4 Cigarette vending

machine

4.5 Signs

4.6 Tobacconist shop

S.10 Amdt.

Regulations

S.11 Rep.

RSN1990 cC-12 Amdt.

Commencement

Be it enacted by the Lieutenant-Governor and

House of Assembly in Legislative Session convened, as follows:

SNL1993 cT-4.1

as amended

1. The Tobacco

Control Act is amended by adding immediately after

section 2 the following:

Purpose

2.1 The

purpose of this Act, in light of conclusive evidence that tobacco use causes

premature death and disease, is to protect the health of Newfoundlanders and

Labradorians and in particular young people by restricting access to tobacco

and tobacco related products and to protect them from inducements to use

tobacco.

Section 3 of the Act is amended by adding

immediately after subsection (2) the following:

(3) A person shall not interfere with, obstruct,

attempt to obstruct, or fail to co-operate with, an inspector in the exercise

of his or her functions under this Act.

3. Subsection 3.1(5) of the Act is repealed.

4. Subsection 3.2(1) of the Act is amended by

striking out the word "who".

Section 3.3 of the Act is amended by adding immediately

after the word "minister" the words "responsible for tobacco licensing".

6. Subsection 4(4) of the Act is repealed.

Section 4.1 of the Act is repealed and the

following substituted:

Sales prohibited

in certain places

4.1

(1) A

person shall not sell, or offer for sale, tobacco in

(

a) a pharmacy;

(

b) a temporary facility;

(

c) a facility operated by a regional health

authority established under paragraph 6(1)(

b) of the Regional Health Authorities Act ;

(

d) a personal care home as defined in the Personal Care Home Regulations ;

(

e) a long term care home;

(

f) a nursing home;

(

g) an assisted living facility;

(

h) a child care service operated under the Child Care Services Act;

(

i) a school as defined in the Schools Act, 1997;

(

j) a university as defined in the Memorial University Act ;

(

k) a college as defined in the College Act, 1996 ;

(

l) a private training institution as defined in

the Private Training Institutions Act ;

(

m) a building, or that part of a building that is

owned, leased or operated by the Government of Newfoundland and Labrador, an

agency of the Government of Newfoundland and Labrador, a Crown corporation or a

municipality;

(

n) a recreational facility where the primary

activity is physical recreation, including

(

i) a bowling alley,

(ii) a fitness centre,

(iii) a gymnasium,

(iv) a swimming pool, and

(

v) an arena or rink;

(

o) a theatre or cinema;

(

p) a library;

(

q) an art gallery;

(

r) a museum;

(

s) an amusement park;

(

t) a video or games arcade; and

(

u) a place prescribed by regulation.

(2) For the purpose of subsection (1)

(a) "pharmacy" means a pharmacy as

defined in paragraph 2(

n) of the Pharmacy

Act and includes

(

i) a kiosk that permits direct access to a

pharmacist, whether in person or by telephone or another means, and from which

prescription drugs or other medicines are sold or dispensed, and

(ii) a retail store if

(

A) a pharmacy is located within the store, or

(

B) customers of the pharmacy can pass into the

store directly or by use of a corridor or area used exclusively to connect the

pharmacy with the store, or

(

C) a kiosk described in subparagraph (

i) is

located within the store; and

(b) "temporary facility" means premises

established in conjunction with fairs, circuses, concerts, festivals, civic

events or another event lasting not longer than 7 consecutive days.

8. The Act is amended by adding immediately after

section 4.1 the following:

No display of

tobacco

4.2

(1) In

this section, "tobacco" includes the package in which the tobacco is

sold.

(2) A person shall not display or permit the

display of tobacco in a place or premises in which tobacco is sold or offered for

sale

(

a) by a means or in a manner, including the use

of a countertop or wall display, that permits a customer in the place or premises

to view tobacco before purchasing it, or

(

b) by a means or in a manner that makes tobacco

visible to the public from the outside of the place or premises.

(3) Notwithstanding subsection (2), it is not an

offence for a customer to view tobacco

(

a) during the restocking of tobacco;

(

b) while a retailer is doing an inventory; or

(

c) when a retailer is receiving delivery of

tobacco or unpacking tobacco.

No advertising or

promotional material

4.3 A

person shall not advertise or promote the sale or use of tobacco in a place or

premises in which tobacco is sold or offered for sale on the exterior of the

place or premises or anywhere within the boundaries of the place or premises.

Cigarette vending

machine

4.4 Sections

4.2 and 4.3 do not apply to a cigarette vending machine.

Signs

4.5 Notwithstanding

section 4.3, a person may in a place or premises in which tobacco is sold or

offered for sale

(

a) display or make available for viewing upon

request, a sign that lists the types of tobacco for sale and their prices, if

the sign complies with and is displayed in the manner, place, form and size

prescribed by the regulations;

(

b) display signs supplied by the minister; or

(

c) display a magazine or other publication that

is offered for sale and that contains tobacco advertising if the magazine or

publication

(

i) is displayed in such a way that the tobacco

advertisement is not visible to a customer unless he or she is reading the

magazine or publication, and

(ii) meets the requirements set out in the Tobacco Act ( Canada )

or the regulations made under that Act.

Tobacconist shop

4.6

(1) In

this section, "tobacconist shop" means a place or premises in which

the only business conducted is the sale of tobacco.

(2) Sections 4.2 and 4.3 do not apply to a

tobacconist shop.

(3) A tobacconist shop may display its name

outside the shop but advertisements, promotional material or products shall not

(

a) visible from the outside of the shop; or

(

b) on the exterior of the shop.

(4) The owner or person in charge of a tobacconist

shop shall not permit a person under the age of 19 years to enter the premises

unless accompanied by an adult.

Section 10 of the Act is amended by adding

immediately after paragraph (

a) the following:

(a.1) respecting the manner, location, form, size

and content of signs permitted in a place or premises in which tobacco is sold

or offered for sale;

(a.2) respecting places where the sale of tobacco is

prohibited;

Section 11 of the Act is repealed.

Commencement

11. This Act comes into force on January 1, 2010 .

Earl G. Tucker, Queen's Printer