BILL NO. 107
1st Session, 57th General Assembly
Nova Scotia
47-48 Elizabeth II, 1998-99
Tobacco Access Act
(amended)
The Honourable James A. Smith, M.D.
Minister of Health
First Reading: May 27, 1999
Second Reading: May 31, 1999
Third Reading: June 17, 1999
Explanatory Notes
Clause 1 amends the title of the Tobacco Access Act.
Clause 2 extends the purpose of the Act to protect the health of all Nova Scotians.
Clause 3 adds a definition of pharmacy.Clause 4 prohibits any person from giving tobacco to a person under nineteen years.
Clause 5 prohibits the sale of unpackaged cigarettes.
Clause 6 prohibits countertop displays of tobacco.
Clause 7 prohibits the sale of tobacco in pharmacies or establishments containing pharmacies.(a) requires an order temporarily prohibiting a vendor from selling tobacco upon conviction of the vendor's employee for selling tobacco to a person under nineteen years; and
(b) clarifies that the period of prohibiting a vendor from selling tobacco must be a number of consecutive days.
Subclause 8(2) and Clause 9 add a penalty for the owner of a pharmacy or other establishment who contravenes the new prohibition against selling tobacco in a pharmacy or establishment that contains a pharmacy.
Clause 10 makes Clause 7, subclause 8(2) and Clause 9 effective January 1, 2000.
An Act to Amend Chapter 14
of the Acts of 1993,
the Tobacco Access Act
Be it enacted by the Governor and Assembly as follows:
1 The title of Chapter 14 of the Acts of 1993, the Tobacco Access Act, is amended by striking out "by Minors" in the third line.
2 Section 2 of Chapter 14 is amended by striking out "young persons" in the second line and substituting "Nova Scotians, and in particular young persons,".
3 Section 3 of Chapter 14 is amended by adding immediately after clause (c) the following clause:
4 Subsection 5(2) of Chapter 14 is repealed and the following subsection substituted:
(a) purchase tobacco or a tobacco product on behalf of, or for the purpose of resale; or
(b) give tobacco or a tobacco product,
to a person under the age of nineteen years.
5 Section 7 of Chapter 14 is repealed and the following Section substituted:
(a) cigarettes in packages of fewer than twenty cigarettes; or
(b) unpackaged cigarettes.
6 Chapter 14 is further amended by adding immediately after Section 9 the following Section:
7 Chapter 14 is further amended by adding immediately after Section 9A the following Section:
(a) a pharmacy; or
(b) an establishment where goods or services are sold or offered for sale to the public if
(ii) the customers of a pharmacy can pass into the establishment directly or by use of a corridor or area used exclusively to connect the pharmacy and the establishment.
8 (1) Subsection 12(2) of Chapter 14 is amended by
(a) adding ", or an employee of a vendor," immediately after "vendor" in the first line;
(b) adding "consecutive" immediately after "seven" in the first line of clause (a); and
(c) adding "consecutive" immediately preceding "months" wherever it occurs in clauses (b) and (c).
(2) Subsection 12(3) of Chapter 14 is amended by adding "and Section 12A" immediately after "(2)" in the first line.
9 Chapter 14 is further amended by adding immediately after Section 12 the following Section:
(a) for a first offence, a fine not exceeding two thousand dollars;
(b) for a second offence, a fine not exceeding five thousand dollars; or
(c) for a third offence or subsequent offence, a fine not exceeding ten thousand dollars.
10 Section 7, subsection 8(2) and Section 9 have effect on and after January 1, 2000.
This page and its contents published by the Office of the Legislative Counsel, Nova Scotia House of Assembly, and © 1999 Crown in right of Nova Scotia. Created June 24, 1999. Send comments to legc.office@gov.ns.ca.
