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2007 Legislative Session: 3rd Session, 38th Parliament

FIRST READING

The following electronic version is for informational purposes only.

The printed version remains the official version.

HONOURABLE GEORGE ABBOTT

MINISTER OF HEALTH

BILL 10 – 2007

TOBACCO SALES (BANNING TOBACCO AND

SMOKING IN PUBLIC PLACES AND SCHOOLS)

AMENDMENT ACT, 2007

HER MAJESTY, by and with the advice and consent of the Legislative Assembly of the Province of British Columbia, enacts as follows:

Tobacco Sales Act

SECTION 1: [Tobacco Sales Act, title] changes the title, consequential to the addition of

sections 2.1 to 2.3 to the Act by this Bill.

1 The title of the Tobacco Sales Act , R.S.B.C. 1996, c. 451, is repealed and the following substituted:

TOBACCO CONTROL ACT .

SECTION 2: [Tobacco Sales Act,

section 1] clarifies that to lease means leasing as either

lessor or lessee.

Section 1 is amended by adding the following definition:

"lease" means to lease as either lessor or lessee; .

SECTION 3: [Tobacco Sales Act, sections 2.1 to 2.4] adds provisions to

ban the sale of tobacco in certain public places,

ban smoking in schools and in or on school property,

ban smoking in certain public places and workplaces, and

prohibit displays or advertisements of tobacco in any manner that is contrary to the regulations.

3 The following sections are added:

Tobacco not to be sold in certain places

2.1

(1) A person must not deal in, sell, offer for sale or distribute tobacco in any of the following places:

(

a) land, or a building or structure, used primarily for the purposes of a hospital or other health care services;

(

b) the campus of a public university or other public post-secondary institution;

(

c) a building or structure that is owned or leased by a public body that is used primarily for athletic or recreation purposes;

(

d) a building or structure that is owned or leased by the government or a Crown corporation or agency;

(

e) a prescribed place.

(2) Subject to subsection (3), if any person contravenes subsection (1) in respect of a place, each manager, owner and lessee of the place is deemed to have contravened that subsection and each is liable for the contravention.

(3) It is a defence to a charge under subsection (2) if the manager, owner or lessee, as applicable, demonstrates that he or she exercised reasonable care and diligence to prevent the contravention.

(4) Subsection (2) applies whether or not the person who dealt in, sold, offered for sale or distributed tobacco, or any other person, is charged with contravening subsection (1).

No smoking or other tobacco use in schools

2.2

(1) In this section:

"board" means

(

a) a board or francophone education authority under the School Act , or

(

b) an authority under the Independent School Act ;

"school property" means property that is

(

a) owned or leased by, or operated under the authority of, a board, and

(

b) used for the purposes of delivering educational programs or other learning programs,

and includes real property and improvements, and personal property;

"superintendent" means

(

a) the superintendent of schools under the School Act , or

(

b) a person exercising similar authority in respect of an independent school.

(2) Subject to subsection (3), a person must not smoke or use tobacco, or hold lighted tobacco, in or on school property.

(3) Subsection (2) does not apply to the ceremonial use of tobacco in or on school property if the ceremonial use of tobacco is approved by the board and it is performed

(

a) in relation to a traditional aboriginal cultural activity, or

(

b) by a prescribed group for a prescribed purpose.

(4) Subject to subsection (5), if any person contravenes subsection (2), the board, superintendent and principal each are deemed to have contravened that subsection and each is liable for the contravention.

(5) It is a defence to a charge under subsection (4) if the board, superintendent or principal demonstrates that each exercised reasonable care and diligence to prevent the contravention.

(6) Subsection (4) applies whether or not the person who smoked or used tobacco, or held lighted tobacco, or any other person, is charged with contravening subsection (2).

No smoking in or near certain places

2.3

(1) Subject to subsection (2), a person must not smoke tobacco, or hold lighted tobacco,

(

a) in any building, structure, vehicle or any other place that is fully or substantially enclosed and

(

i) is a place to which the public is ordinarily invited or permitted access, either expressly or by implication, whether or not a fee is charged for entry,

(ii) is a workplace, or

(iii) is a prescribed place, or

(

b) within a prescribed distance from a doorway, window or air intake of a place described in paragraph (a).

(2) Subsection (1) does not apply to the ceremonial use of tobacco

(

a) in relation to a traditional aboriginal cultural activity, or

(

b) by a prescribed group for a prescribed purpose.

(3) Subject to subsection (5), if any person contravenes subsection (1) in respect of a place described under subsection (1) (a) (

i) or (iii), each manager, owner and lessee of the place is deemed to have contravened that subsection and each is liable for the contravention.

(4) Subject to subsection (5), if any person contravenes subsection (1) in respect of a workplace, the employer is deemed to have contravened that subsection and is liable for the contravention.

(5) It is a defence to a charge under subsection (3) or (4) if the manager, owner, lessee or employer, as applicable, demonstrates that he or she exercised reasonable care and diligence to prevent the contravention.

(6) Subsections (3) and (4) apply whether or not the person who smoked tobacco, or held lighted tobacco, or any other person, is charged with contravening subsection (1).

Prohibitions on display or promotion of tobacco products

2.4 A person must not

(

a) display tobacco products, or

(

b) advertise or promote the use of tobacco by means of a sign or otherwise

in any manner prohibited by the regulations.

SECTION 4: [Tobacco Sales Act,

section 3] enables enforcement officers to enter and

inspect school property and certain public places and workplaces for the purpose

of enforcing sections 2.1 to 2.3 as added by this Bill.

Section 3 (2) is repealed and the following substituted:

(2) To carry out the duties of an enforcement officer under this Act, an enforcement officer may at any reasonable time enter and inspect any place

(

a) to which the public has access and where tobacco is offered for sale, or

(

b) to which any of sections 2.1 to 2.3 apply.

SECTION 5: [Tobacco Sales Act,

section 11] adds regulation-making authority, consequential to the addition of sections 2.1 to 2.4 of the Act by this Bill.

Section 11 is amended

(

a) in subsection (2) (

a) by adding " , including prohibiting the display of tobacco products and prohibiting forms of advertising or promotion of the use of tobacco in British Columbia " after " in British Columbia ", and

(

b) by adding the following subsections:

(3) Without limiting subsection (1), the Lieutenant Governor in Council may make regulations as contemplated in sections 2.1 to 2.3, and for the purposes of those sections the Lieutenant Governor in Council may make regulations as follows:

(

a) defining a word or phrase;

(

b) exempting persons or places, or parts of places, from all or part of those sections, with or without conditions;

(

c) prescribing persons, including by class;

(

d) prescribing places, including

(

i) by class or use, and

(ii) a private place.

(4) For the purposes of subsection (3), different regulations may be made for different persons, places or things.

SECTION 6: [Tobacco Sales Act,

section 12]

provides that the contravention of any of sections 2 to 2.4 of the Act is an offence, and

repeals a redundant subsection.

Section 12 is amended

(

a) in subsection (1) by striking out " A person who contravenes

section 2, 3 (4) or 10.1 (1) or (2) or a regulation made under

section 11 (2) (a), (c), (

e) or (h.2) commits an offence and is liable on conviction " and substituting " A person who contravenes any of sections 2 to 2.4, 3 (4) or 10.1 (1) or (2) or a regulation made under

section 11 (2) (a), (c), (

e) or (h.2) or (3) commits an offence and is liable on conviction ", and

(

b) by repealing subsection (6).

Consequential Amendments

Tobacco Sales (Preventing Youth Access to Tobacco) Amendment Act, 2006

SECTION 7: [Tobacco Sales (Preventing Youth Access to Tobacco) Amendment Act,

2006,

section 1] is consequential to the change in the title of the Tobacco Sales

Act made by this Bill.

Section 1 of the Tobacco Sales (Preventing Youth Access to Tobacco) Amendment Act, 2006, S.B.C. 2006, c. 10, is amended by striking out " Tobacco Sales Act " and substituting " Tobacco Control Act ".

SECTION 8: [Tobacco Sales (Preventing Youth Access to Tobacco) Amendment Act, 2006,

section 2] replaces a subjective requirement in respect of age with an objective requirement.

Section 2 (

b) as it amends

section 2 of the Tobacco Sales Act is repealed and the following substituted:

(

b) by repealing subsection (2) and substituting the following:

(2) A person must not sell, offer for sale, provide or distribute tobacco to an individual who has not reached the age specified by regulation under

section 11 (2) (g).

(2.1) It is a defence to a charge under subsection (2) if the person charged with the contravention demonstrates that, in concluding that the individual reached the age specified by regulation, the person

(

a) required the individual to produce a prescribed form of identification,

(

b) examined the identification, and

(

c) reasonably believed that the identification

(

i) was that of the individual, and

(ii) had not been altered or otherwise falsified. , and .

SECTION 9: [Tobacco Sales (Preventing Youth Access to Tobacco) Amendment Act,

2006,

section 11] is consequential to the amendments to

section 12 of the

Tobacco Sales Act made by this Bill.

Section 11 (

a) as it amends

section 12 of the Tobacco Sales Act is repealed and the following substituted:

(

a) in subsection (1) by striking out " A person who contravenes

section 2, 3 (4) or 10.1 (1) or (2) or a regulation made under

section 11 (2) (a), (c), (

e) or (h.2) commits an offence and is liable on conviction " and substituting " A person who contravenes any of sections 2 to 2.4, 3 (4) or 10.1 (

a) or (b), an order under

section 6.1 (2) (b), or a regulation made under

section 11 (2) (a), (c), (

e) or (h.2) or (3) commits an offence and is liable on conviction ", and .

Tobacco Tax Act

SECTION 10: [Tobacco Tax Act,

section 9] is consequential to the change in the title of the

Tobacco Sales Act made by this Bill.

Section 9 of the Tobacco Tax Act , R.S.B.C. 1996, c. 452, is amended by striking out " Tobacco Sales Act " wherever it appears and substituting " Tobacco Control Act ".

Related Amendment and Repeal

Tobacco Control Act

SECTION 11: [Tobacco Control Act,

section 12] provides that the contravention of any of

sections 2 to 2.4 is an offence.

Section 12 (1) of the Tobacco Control Act , R.S.B.C. 1996, c. 451, is amended by striking out " A person who contravenes

section 2, 3 (4) or 10.1 (

a) or (b), an order under

section 6.1 (2) (b), or a regulation made under

section 11 (2) (a), (c), (

e) or (h.2) commits an offence and is liable on conviction " and substituting " A person who contravenes any of sections 2 to 2.4, 3 (4) or 10.1 (

a) or (b), an order under

section 6.1 (2) (b), or a regulation made under

section 11 (2) (a), (c), (

e) or (h.2) or (3) commits an offence and is liable on conviction ".

SECTION 12: [Repeals in this Act] permits the repeal by regulation of sections that may be

inoperative.

Repeals in this Act

12 Sections 6 (a), 7, 9 and 11 of this Act may be repealed by regulation of the Lieutenant Governor in Council.

Commencement

13 The provisions of this Act referred to in column 1 of the following table come into force as set out in column 2 of the table:

Item

Column 1

Provisions of Act

Column 2

Commencement

Anything not elsewhere covered by this table

The date of Royal Assent

Sections 1 to 7

By regulation of the Lieutenant Governor in Council

Sections 9 to 11

By regulation of the Lieutenant Governor in Council

Explanatory Notes

Tobacco Sales Act

SECTION 1: [Tobacco Sales Act, title] changes the title, consequential to the addition of

sections 2.1 to 2.3 to the Act by this Bill.

SECTION 2: [Tobacco Sales Act,

section 1] clarifies that to lease means leasing as either

lessor or lessee.

SECTION 3: [Tobacco Sales Act, sections 2.1 to 2.4] adds provisions to

ban the sale of tobacco in certain public places,

ban smoking in schools and in or on school property,

ban smoking in certain public places and workplaces, and

prohibit displays or advertisements of tobacco in any manner that is contrary to the regulations.

SECTION 4: [Tobacco Sales Act,

section 3] enables enforcement officers to enter and

inspect school property and certain public places and workplaces for the purpose

of enforcing sections 2.1 to 2.3 as added by this Bill.

SECTION 5: [Tobacco Sales Act,

section 11] adds regulation-making authority, consequential to the addition of sections 2.1 to 2.4 of the Act by this Bill.

SECTION 6: [Tobacco Sales Act,

section 12]

provides that the contravention of any of sections 2 to 2.4 of the Act is an offence, and

repeals a redundant subsection.

Tobacco Sales (Preventing Youth Access to Tobacco) Amendment Act, 2006

SECTION 7: [Tobacco Sales (Preventing Youth Access to Tobacco) Amendment Act,

2006,

section 1] is consequential to the change in the title of the Tobacco Sales

Act made by this Bill.

SECTION 8: [Tobacco Sales (Preventing Youth Access to Tobacco) Amendment Act, 2006,

section 2] replaces a subjective requirement in respect of age with an objective requirement.

SECTION 9: [Tobacco Sales (Preventing Youth Access to Tobacco) Amendment Act,

2006,

section 11] is consequential to the amendments to

section 12 of the

Tobacco Sales Act made by this Bill.

Tobacco Tax Act

SECTION 10: [Tobacco Tax Act,

section 9] is consequential to the change in the title of the

Tobacco Sales Act made by this Bill.

Tobacco Control Act

SECTION 11: [Tobacco Control Act,

section 12] provides that the contravention of any of

sections 2 to 2.4 is an offence.

SECTION 12: [Repeals in this Act] permits the repeal by regulation of sections that may be

inoperative.

Copyright (c) 2007: Queen’s Printer, Victoria, British Columbia, Canada