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Tobacco Access Act (amended)

BILL NO. 107

(as amended)

1st Session, 57th General Assembly
Nova Scotia
47-48 Elizabeth II, 1998-99

 

Government Bill

 

Tobacco Access Act
(amended)

CHAPTER 12 OF THE ACTS OF 1999

 

The Honourable James A. Smith
Minister of Health

 

First Reading: May 27, 1999

Second Reading: May 31, 1999

Third Reading: June 17, 1999 (WITHOUT COMMITTEE AMENDMENTS)

Royal Assent: June 17, 1999

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:

    (ca) "pharmacy" means a pharmacy as defined by the Pharmacy Act;

4 Subsection 5(2) of Chapter 14 is repealed and the following subsection substituted:

    (2) No person shall

    (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5 Section 7 of Chapter 14 is repealed and the following Section substituted:

    7 No person shall sell or offer for sale

    (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:

    9A No vendor or employee of a vendor shall display or permit the display of tobacco by means of a countertop display.

7 Chapter 14 is further amended by adding immediately after Section 9A the following Section:

    9B No person shall sell tobacco in

    (a) a pharmacy; or

    (b) an establishment where goods or services are sold or offered for sale to the public if

      (i) a pharmacy is located within the establishment, or

      (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:

    12A Every owner of a pharmacy or establishment where goods and services are sold or offered for sale to the public who contravenes or whose employee contravenes Section 9B is guilty of an offence and liable on summary conviction to

    (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.