Smoke-free Places Act (amended) and Tobacco Access Act (amended)

BILL NO. 60

(as introduced)

2nd Session, 62nd General Assembly
Nova Scotia
63 Elizabeth II, 2014

Government Bill

Smoke-free Places Act (amended)
and
Tobacco Access Act (amended)

The Honourable Leo A. Glavine
Minister of Health and Wellness

First Reading: October 24, 2014

(Explanatory Notes)

Second Reading: October 28, 2014

Third Reading: November 20, 2014 (WITH COMMITTEE AMENDMENTS) (LINK TO BILL AS PASSED)

Explanatory Notes

Clause 1 amends the Smoke-free Places Act to

(a) add a definition of "electronic cigarette";

(b) amend the definition of "smoke"; and

(a) add definitions of "electronic cigarette" and "flavoured tobacco"; and

(b) replace references to the repealed Tobacco Tax Act with the Revenue Act.

Clause 3 bans the sale of flavoured tobacco.

Clause 4 removes the requirement that a judge prohibit the sale of tobacco by a vendor convicted of a first offence under Section 5 of the Tobacco Access Act, so that enforcement officers can use the more streamlined Summary Offence Ticket approach. An appearance before a judge will still be required for second and subsequent offences.

Clause 5 adds regulation-making powers with respect to flavoured tobacco.

Clause 6 provides that this Act comes into force on proclamation.

An Act to Amend Chapter 12
of the Acts of 2002,
the Smoke-free Places Act,
and Chapter 14 of the Acts of 1993,
the Tobacco Access Act

Be it enacted by the Governor and Assembly as follows:

1 Section 2 of Chapter 12 of the Acts of 2002, the Smoke-free Places Act, as amended by Chapter 59 of the Acts of 2005, is further amended by

(a) relettering clause (a) as clause (aa) and adding immediately preceding that clause the following clause:

(b) striking out clause (h) and substituting the following clause:

(h) "smoke" means to smoke, inhale or exhale smoke from, burn, carry, hold or otherwise have control over a lit cigarette, cigar, pipe, water pipe, electronic cigarette or other device that burns or heats tobacco or other substance that is intended to be smoked or inhaled;

(d) adding the following clause immediately after clause (i):

(j) "water pipe" means any lighted or heated smoking equipment used to burn tobacco or non-tobacco substances or any combination thereof and draw the resulting smoke through water before it is inhaled.

2 Section 3 of Chapter 14 of the Acts of 1993, as amended by Chapter 12 of the Acts of 1999, is further amended by

(a) relettering clause (a) as clause (aa) and adding immediately preceding that clause the following clause:

(a) "electronic cigarette" means a vaporizer or inhalant-type device, whether called an electronic cigarette or any other name, containing a power source and heating element designed to heat a substance and produce a vapour intended to be inhaled and includes all components used in conjunction with the device, including the e-liquid, cartridge and any other component that may be sold separately from the device itself;

(b) adding immediately after clause (b) the following clause:

(ba) "flavoured tobacco" means tobacco that

(i) has a characterizing flavour,

(ii) is represented as being flavoured, or

(iii) is designated by the regulations as being flavoured,

but does not include tobacco exempted by the regulations;

(c) striking out "Tobacco Tax Act" in the second line of clause (e) and substituting "Revenue Act and electronic cigarettes";

and

(d) striking out "Tobacco Tax Act" in the second line of clause (h) and substituting "Revenue Act".

3 Section 7 of Chapter 14, as amended by Chapter 12 of the Acts of 1999, is further amended by

(a) striking out "or" at the end of clause (a);

(b) striking out the period at the end of clause (b) and substituting "; or" and

4 Subsection 12(2) of Chapter 14, as amended by Chapter 12 of the Acts of 1999, is further amended by

(a) striking out clauses (a), (b) and (c); and

(b) adding the following clauses:

(a) in the case of a second offence, seven consecutive days;

(b) in case of third offence, not less than three consecutive months and not more than six consecutive months; and

(c) in the case of a fourth or subsequent offence, not less than twelve consecutive months and not more than twenty-four consecutive months.

5 Subsection 13(1) of Chapter 12, as amended by Chapter 47 of the Acts of 2006, is further amended by

(a) relettering clause (aa) as clause (ac); and

(b) adding immediately after clause (a) the following clauses:

(aa) designating tobacco as flavoured;

(ab) exempting certain tobacco from the definition of "flavoured tobacco";

6 This Act comes into force on such day as the Governor in Council orders and declares by proclamation.

This page and its contents published by the Office of the Legislative Counsel, Nova Scotia House of Assembly, and © 2014 Crown in right of Nova Scotia. Created November 14, 2014. Send comments to legc.office@novascotia.ca.

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