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Statutes of Newfoundland 1993


CHAPTER T-4

CHAPTER T-4.1

AN ACT RESPECTING THE CONTROL OF THE SALE OF TOBACCO TO MINORS

(Assented to December 17, 1993)

Analysis

1. Short title

2. Definitions

3. Inspectors

4. Offence

5. Signs

6. Civil liability

7. Penalty

8. Summons ticket

9. Removal of tobacco

10. Regulations

11. RSN 1990 cC-12 Amdt.

12. Commencement

Be it enacted by the Lieutenant-Governor and House of Assembly in Legislative Session convened, as follows:


Short title

1. This Act may be cited as the Tobacco Control Act.

Definitions

2. In this Act

(a) "inspector" means a person appointed or designated under section 3;

(b) "minister" means the Minister of Health;

(c) "minor" means a person under the age of 19 years;

(d) "retailer" means a person who holds a valid registration certificate under the Retail Sales Tax Act;

(e) "tobacco" means tobacco in any form in which tobacco is consumed and includes snuff; and

(f) "wholesaler" means a person who sells tobacco in the province for the purpose of resale.

Inspectors

3. (1) The minister may appoint or designate a person or a class of persons as an inspector for the purpose of this Act.

(2) An inspector may, at all reasonable times, enter upon the business premises of a retailer or upon the premises where that retailer's tobacco or records are kept so long as it is reasonably necessary to determine compliance with this Act and may

(a) enter and inspect the business premises of a retailer and examine and take copies of those records that may be relevant to the enforcement of the Act or to a prosecution of a violation of this Act;

(b) investigate a complaint of a violation of this Act and question a retailer or employee of a retailer to determine whether a violation has occurred;

(c) make test purchases, or take samples of tobacco;

(d) give directions to a retailer;

(e) issue a ticket summons in respect of a violation of this Act; and

(f) record and report convictions under this Act.

Offence

4. (1) It is an offence for a retailer or other person to sell, give or furnish, directly or indirectly, tobacco to a person under the age of 19 years.

(2) It is not a defence to a prosecution for an offence under subsection (1) for the retailer or other person to show that the person under the age of 19 years appeared to be 19 years of age or older.

(3) A retailer or his or her employee shall require a person appearing to be under the age of 19 years to provide proof of age.

Signs

5. It is an offence for a retailer to fail to display signs that may be required to be displayed from time to time under this Act.

Civil liability

6. A person who reports to an inspector or peace officer a violation or suspected violation of this Act is not liable to a civil action in respect of the allegation contained in the report or anything done in good faith in assistance of an investigation by an inspector or by a peace officer.

Penalty

7. (1) Notwithstanding the Summary Proceedings Act, a retailer guilty of an offence under this Act is liable on summary conviction

(a) for a 1st offence, to a fine of $500 and is prohibited from selling tobacco for 3 months;

(b) for a 2nd offence, to a fine of $2,500 and is prohibited from selling tobacco for 6 months; and

(c) for a 3rd offence and for each subsequent offence, to a fine of $5,000 and is prohibited from selling tobacco for 9 months.

(2) Notwithstanding the Summary Proceedings Act, a person other than a retailer guilty of an offence under this Act is liable on summary conviction

(a) for a 1st offence, to a fine of $50;

(b) for a 2nd offence, to a fine of $250; and

(c) for a 3rd offence and for each subsequent offence, to a fine of $500.

(3) Each contravention of this Act constitutes a new and separate offence.

(4) The Minister of Justice or a person authorized by that minister may, either before or after the institution of proceedings against a person for a violation of this Act, accept from the person alleged to have been guilty of the violation payment of the fine for that violation.

(5) Where a person pays a fine under subsection (4) that person shall also be prohibited from selling tobacco for the period of time specified under subsection (1).

(6) The payment of an amount under subsection (4) shall, for the purpose of this Act, have the same effect as if the person paying the amount had been convicted of the violation in respect of which the amount was paid and a certificate or a copy of a receipt signed by a person authorized by the Minister of Justice under subsection (4) for the amount so paid is evidence of the conviction without further proof.

(7) All fines imposed under the provisions of the Act and recovered on summary conviction shall be paid to the Consolidated Revenue Fund.

(8) For the purpose of subsections (1) and (2) an offence committed more than 1 year after the date of the last previous offence shall be considered to be a 1st offence.

Summons ticket

8. (1) A complaint may be made and a summons issued by means of a ticket summons in accordance with this section for a violation of a provision of this Act.

(2) Every summons ticket shall contain

(a) the complaint;

(b) the summons; and

(c) those other matters that may be prescribed by the regulations.

(3) An inspector shall indicate the offence charged on the summons ticket by placing a mark in the box to the left of the offence charged or where the offence charged does not appear on the summons ticket the inspector shall write the offence in the space provided on the summons ticket.

(4) Upon completing a summons ticket in respect of an offence under this Act and signing it, the inspector shall deliver the summons ticket to the person charged with the offence, and delivery of the summons ticket in accordance with this subsection shall be considered to be personal service.

(5) The provisions of sections 16, 18 and 19 of the Summary Proceedings Act apply, with the necessary changes, to a summons ticket issued under this section.

Removal of tobacco

9. Where a retailer is prohibited from selling tobacco under section 7 the retailer shall arrange for the removal of all tobacco from his or her business premises until the suspension is over.

Regulations

10. The Lieutenant-Governor in Council may make regulations

(a) respecting the form of a ticket summons issued under section 8 and the contents of a ticket summons;

(b) respecting the issuing of a ticket summons under this Act;

(c) respecting signs, required to be displayed under section 5;

(d) notwithstanding section 3, respecting the powers of an inspector to enforce the provisions of this Act;

(e) respecting the notification of a wholesaler by officials of the Department of Health of the fact that a retailer is prohibited under section 7 from selling tobacco;

(f) providing for the appointment or designation of and prescribing the duties and functions of inspectors; and

(g) to carry out the intent of this Act.

RSN 1990 cC-12 Amdt.

11. Section 27 of the Child Welfare Act is amended by deleting the words "cigarettes, cigarette papers, tobacco,".

Commencement

12. This Act comes into force 6 months after the day on which it receives Royal Assent.

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