BILL NO. 167

(as introduced)

2nd Session, 63rd General Assembly
Nova Scotia
68 Elizabeth II, 2019

 

Private Member's Bill

 

Tobacco Access Act
(amended)

 

Tim Houston
Pictou East

First Reading: October 2, 2019

(Explanatory Notes)

Second Reading:

Third Reading:

Explanatory Notes

Clause 1 adds a definition of "flavoured e-liquid".

Clause 2 prohibits a person under 19 years of age from possessing or using tobacco or tobacco products.

Clause 3 prohibits the sale of flavoured e-liquid.

Clause 4

(a) requires the Minister of Education and Early Childhood Development to include in the public school program a learning component on the risks associated with the use of electronic cigarettes; and

(b) requires the Minister of Health and Wellness to review the Act every five years.

Clause 5 creates an offence and penalty for the possession or use of tobacco or tobacco products by a person under 19 years of age.

Clause 6 provides the Governor in Council with the authority to make regulations designating e-liquid as flavoured e-liquid.

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 Section 3 of Chapter 14 of the Acts of 1993, the Tobacco Access Act, as amended by Chapter 12 of the Acts of 1999, Chapter 58 of the Acts of 2014 and Chapter 26 of the Acts of 2015, is further amended by

(a) relettering clause (ba) as (bb); and

(b) adding immediately before clause (bb) the following clause:

(ba) "flavoured e-liquid" means e-liquid used in an electronic cigarette that
(i) has a characterizing scent or flavour, other than tobacco, that is noticeable before or during use, or both,

(ii) by its packaging, labelling, advertising or otherwise, is represented as being flavoured, or

(iii) is designated under the regulations as being flavoured e-liquid;

2 Chapter 14 is further amended by adding immediately after Section 5 the following Section:

5A No person under the age of nineteen years shall possess or use tobacco or a tobacco product.

3 Section 7 of Chapter 14, as enacted by Chapter 12 of the Acts of 1999 and amended by Chapter 26 of the Acts of 2015, is further amended by adding immediately after clause (b) the following clause:

(ba) flavoured e-liquid;

4 Chapter 14 is further amended by adding immediately after Section 10 the following Sections:

10A The Minister of Education and Early Childhood Development shall include in the public school program a learning component on the risks associated with the use of electronic cigarettes.

10B The Minister shall review this Act within five years of the coming into force of this Section and at least every five years thereafter.

5 Chapter 14 is further amended by adding immediately after Section 12A the following Section:

12B Every person who contravenes Section 5A is guilty of an offence and liable on summary conviction to

(a) for a first offence, a fine of not less than three hundred dollars and not more than one thousand dollars; or

(b) for a second or subsequent offence, a fine of not less than seven hundred and fifty dollars and not more than one thousand five hundred dollars.

6 Section 13 of Chapter 14, as amended by Chapter 47 of the Acts of 2006 and Chapter 26 of the Acts of 2015, is further amended by adding immediately after clause (ab) the following clause:

(aba) designating e-liquid as flavoured e-liquid;

 

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This page and its contents published by the Office of the Legislative Counsel, Nova Scotia House of Assembly, and © 2019 Crown in right of Nova Scotia. Created October 2, 2019. Send comments to legc.office@novascotia.ca.