Interpretation

1.  In this Act "tobacco" means tobacco and tobacco products in any form in which they may be consumed and includes snuff.

Historical Note(s): 1972(2nd Sess.)-13-1.

Offence

2.  A person shall not, in the Province, deal in, sell, distribute, advertise or promote the use of tobacco, for the purposes of

(a) preventing a consumer or purchaser of tobacco from being deceived or misled as to its character, toxicity, composition, merit or safety;

(b) preventing injury to the health of a consumer or purchaser of tobacco; or

(c) restraining the use and consumption of tobacco,

except in compliance with the regulations.

Historical Note(s): 1972(2nd Sess.)-13-2.

Advertising

3.  Without limiting the generality of section 2, no person shall, in the Province, exhibit or display, or permit to be exhibited or displayed, any advertisement or notice of, or concerning, tobacco by any sign, contrivance or device, whether illuminated or not, or on any building, hoarding, signboard, billboard or other place in public view, except in compliance with the regulations made under this Act.

Historical Note(s): 1972(2nd Sess.)-13-3.

Regulations

4.  The Lieutenant Governor in Council may make regulations and orders including those

(a) respecting the labelling and packaging, and the selling, distributing, offering, exposing, promoting and advertising, of tobacco in the Province;

(b) respecting the testing and analyzing of tobacco that is sold, distributed, advertised or promoted in the Province;

(c) requiring a manufacturer, distributor, wholesaler or retailer of tobacco in the Province to submit samples for testing or analysis;

(d) respecting the taking of samples and the seizure, detention, forfeiture and disposition in the Province of tobacco;

(e) exempting any tobacco from all or any of the provisions of this Act or the regulations, and prescribing the conditions of such exemption; and

(f) prescribing forms for the purposes of this Act and the regulations.

Historical Note(s): 1972(2nd Sess.)-13-4.

Penalties

5.  (1) Every person who contravenes this Act or the regulations commits an offence and is liable on conviction

(a) for a first offence to a fine of not more than $500 or to imprisonment for a term not exceeding 3 months, or to both the fine and imprisonment; and

(b) for a subsequent offence to a fine of not more than $1,000 or to imprisonment for a term not exceeding 6 months, or to both the fine and imprisonment.

(2) No prosecution under subsection (1) shall be commenced after 12 months from the date the subject matter of the prosecution arose.

Historical Note(s): 1972(2nd Sess.)-13-5.

Injunction

6.  In addition to the penalties provided in section 5, the Attorney General may apply to the Supreme Court for an injunction against any person who, being guilty of an offence against this Act, continues to contravene this Act or the regulations, ordering him to cease dealing in, selling, distributing, advertising or promoting the use of tobacco in the Province until he complies with this Act or the regulations.

Historical Note(s): 1972(2nd Sess.)-13-6.