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Statutes of Newfoundland 1999


CHAPTER 8

AN ACT TO AMEND THE TOBACCO
CONTROL ACT

(Assented to May 27, 1999)

Analysis

1. S.2 Amdt.
Definitions

2. Ss.3.1-3.3 Added
3.1 Licence
3.2 Suspension or
cancellation of licence
3.3 Appeal

3. S.7 Amdt.
Penalty

4. S.7.1 Added
Penalties

5. S.9 Amdt.
Removal of tobacco

6. S.10 Amdt.
Regulations

7. Commencement

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


SN1993 cT-4.1
as amended

1. (1) Paragraphs 2(a) and (b) of the Tobacco Control Act are repealed and the following substituted:

(a) "accessory" means a product that may be used in the consumption of tobacco and includes a pipe, cigarette holder, and cigar clip;

(a.1) "inspector" means a person appointed or designated under section 3;

(b) "minister" means the minister appointed under the Executive Council Act to administer this Act;

(2) Paragraph 2(e) of the Act is amended by adding immediately after the word "snuff" the phrase "and an accessory as defined in paragraph (a)".

(3) Section 2 of the Act is amended by deleting the period at the end of paragraph (e) and substituting a semi-colon and the word "and" and by adding immediately after that the following:

(e.1) "wholesaler" means a person who buys tobacco for resale to a person other than a consumer.

2. The Act is amended by adding immediately after section 3 the following:

Licence

3.1 (1) A retailer or wholesaler shall not sell tobacco without a licence.

(2) A person wishing to obtain a licence shall apply in writing to the Government Service Center including the information that the minister may prescribe.

(3) A licence issued under this section shall be affixed in a conspicuous place within the retail or wholesale premises.

(4) A licence may be transferred with the written approval of the minister.

(5) A retailer or wholesaler who holds a licence to sell tobacco shall complete registration forms as required by the minister and shall register his or her intention to sell tobacco annually.

Suspension or cancellation of licence

3.2 (1) Where a retailer or wholesaler who violates a provision of this Act or the Tobacco Act (Canada)

(a) for a first violation, his or her licence shall be suspended for 2 months;

(b) for a second violation, his or her licence shall be suspended for 6 months; and

(c) for a third or subsequent violation, his or her licence shall be cancelled.

(2) A retailer or wholesaler who sells tobacco while his or her licence is suspended or cancelled under subsection (1) is guilty of an offence.

Appeal

3.3 A person whose licence has been suspended or cancelled under section 3.2 or an applicant for a licence or renewal of a licence whose application has been refused under section 3.1 may appeal against the suspension, cancellation or refusal to the minister who may confirm or overrule the suspension, cancellation or refusal.

3. Section 7 of the Act is amended by deleting the reference "Summary Proceedings Act" wherever it appears, and substituting the reference "Provincial Offences Act".

4. The Act is amended by adding immediately after section 7 the following:

Penalties

7.1 (1) Notwithstanding section 7, a retailer or wholesaler who is guilty of an offence under section 3.1 or 3.2 is liable on summary conviction

(a) for a first offence, to a fine of not less than $500 and not more than $5,000, or to imprisonment for a term of not less than one month nor more than 6 months, or to both a fine and imprisonment; and

(b) for a second and subsequent offence, to a fine of not less than $5,000 and not more than $20,000 or to imprisonment for a term of not less than 2 months nor more than 6 months, or to both a fine and imprisonment.

(2) Fines imposed and received under this section shall be paid into the Consolidated Revenue Fund.

5. Section 9 of the Act is amended by deleting the reference "section 7" and substituting the references "section 3.1, 3.2 or 7".

6. Paragraph 10(e) of the Act is amended by deleting the reference "section 7" and adding the references "section 3.1, 3.2 or 7".

Commencement

7. This Act shall come into force on September 1, 1999.

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