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1st Session, 40th Legislature

This version is based on the printed bill that was distributed in the Legislature after First Reading.   It is not the official version.   If accuracy is critical, you can obtain a copy of the printed bill from Statutory Publications or view the online bilingual version (PDF).

Bill 17

THE NON-SMOKERS HEALTH PROTECTION AMENDMENT ACT


Explanatory Note Bilingual version (PDF)

(Assented to                                         )

HER MAJESTY, by and with the advice and consent of the Legislative Assembly of Manitoba, enacts as follows:

C.C.S.M. c. N92 amended

1           The Non-Smokers Health Protection Act is amended by this Act.

2           Subsection 1(1) is amended by adding the following definition:

"pharmacy" means a facility used for any aspect of the practice of pharmacy, and includes a satellite facility and every other facility, wherever located, used in the practice; (« pharmacie »)

3           Section 5.1 is amended by striking out "or" at the end of clause (a), adding "or" at the end of clause (b), and adding the following after clause (b):

(c) a person from supplying or offering to supply tobacco or a tobacco-related product to a person described in clause (a) or (b);

4           The following is added after section 6.2:

Supplying tobacco in specified places prohibited

6.3         No person shall supply or offer to supply tobacco or a tobacco-related product in any of the following places or premises:

(a) a health care facility;

(b) a pharmacy;

(c) 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) customers of a pharmacy can enter into the establishment directly or by the use of a corridor or area used exclusively to connect the pharmacy with the establishment;

(d) a place or premises or a class of places or premises prescribed by regulation.

Vending machines prohibited

6.4         No person shall cause or permit a vending machine for selling or dispensing tobacco or a tobacco-related product to be in a place or premises that the person owns or occupies.

5           Subsection 7.3(3) is repealed.

6           Subsection 9(1) is amended by adding the following after clause (f):

(f.1) for the purpose of clause 6.3(d), prescribing a place or premises, or a class of places or premises;

Consequential amendment, C.C.S.M. c. T2

7           Clause 80(2)(g) of The Tax Administration and Miscellaneous Taxes Act is amended by striking out "subsection 4(3) or (5)" and substituting "subsection 4(5)".

Consequential amendments, C.C.S.M. c. T80

8(1)         The Tobacco Tax Act is amended by this section.

8(2)        The following is added after subsection 4(2):

Licence does not authorize contravention of Non-Smokers Health Protection Act

4(2.1)      For greater certainty, a licence under this section does not authorize a person to sell or offer to sell tobacco in contravention of section 6.3 of The Non-Smokers Health Protection Act.

8(3)        Subsection 4(3) is repealed.

Coming into force

9           This Act comes into force on May 31, 2013.

Explanatory Note

This Bill amends The Non-Smokers Health Protection Act to prohibit the sale of tobacco products in health care facilities and pharmacies. It also prohibits the sale of tobacco products in establishments such as retail stores if a pharmacy is located on the premises, unless the pharmacy is accessible to customers only by a separate entrance.

The Bill also prohibits the use of vending machines to sell tobacco products.

Consequential amendments are made to The Tax Administration and Miscellaneous Taxes Act and The Tobacco Tax Act.