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The Public Health Amendment Act

S.M. 1989-90, c. 62

Bill 91, 2nd Session, 34th Legislature

The Public Health Amendment Act

(Assented to March 15, 1990)

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

C.C.S.M. c. P210 amended

1           The Public Health Act is amended by this Act.

Section 27.1 added

2           The following is added after section 27:

INTOXICATING SUBSTANCES

Definition

27.1(1)     In this section,

"intoxicating substance" means

(a) adhesives, cleaning solvents, thinning agents and dyes containing toluene or acetone;

(b) petroleum distillates or products containing petroleum distillates including naptha, mineral spirits, Stoddard solvent, kerosene, gasoline, mineral seal oil and other related distillates of petroleum;

(c) fingernail polish remover containing acetone or aliphatic acetates;

(d) any substance that is required under the Hazardous Products Act (Canada) or the regulations to that Act to bear the label "Vapour Harmful", "Vapour Very Harmful" or "Vapour Extremely Harmful"; or

(e) any substance which emits, gives off or produces a gas, vapour, fume or liquid that is specified by regulation as an intoxicating substance for the purposes of this section. («substance intoxicante»)

Prohibition

27.1(2)     No person shall give, sell, offer to sell or deliver possession of an intoxicating substance to a person under 18 years of age.

Exceptions

27.1(3)     Subsection (2) does not apply

(a) where the person under 18 years of age presents the written consent of his or her parent or guardian, which consent shall contain the address and phone number of the parent or guardian;

(b) where the intoxicating substance is given, sold or delivered simultaneously with and as part of a kit used for the construction of model airplanes, model boats, model automobiles, model trains or similar models;

(c) where the intoxicating substance is sold, given or delivered to a person under 18 years of age for use in an adult supervised youth organization;

(d) where the intoxicating substance is given, sold or delivered to a person under 18 years of age pursuant to the written direction or prescription of a duly qualified medical practitioner or dentist; or

(e) where the intoxicating substance is to be used as a fuel source and is placed directly into the fuel reservoir of machinery or equipment.

Written consent to be kept

27.1(4)     A person who gives, sells or delivers possession of a intoxicating substance to a person under 18 years of age who presents the written consent of his or her parent or guardian shall keep the written consent for a period of 6 months and make it available for inspection by a public health inspector or a peace officer.

Sale from self-service display prohibited

27.1(5)     No person shall sell or offer to sell an intoxicating substance from a self-service display.

Evidence of nature of substance

27.1(6)     Information or wording appearing

(a) on the labels attached to the bottles, packages, tins, tubes, or other containers, in which a substance is sold, displayed, or delivered;

(b) in any printed or written descriptive matter displayed with, or accompanying an intoxicating substance, when sold or offered for sale; or

(c) in any advertising matter respecting an intoxicating substance published or distributed by the maker or a seller of the intoxicating substance;

is, in the absence of evidence to the contrary, proof of the nature of the substance.

Proof by analysis

27.1(7)     In a prosecution or proceeding under this Act, a certificate of analysis furnished by an analyst authorized by the minister for the purpose is admissible in evidence as prima facie proof of the facts stated in the certificate and of the authority of the person giving it without further proof of the person's appointment or signature.

Section 28 amended

3           Section 28 is amended by adding the following after clause (oo):

(pp) specifying any substance as an intoxicating substance for the purposes of section 27.1.

Section 33 amended

4           Section 33 is amended

(a) by striking out "A person" and substituting "Subject to subsection (1.1), a person" in subsection (1); and

(b) by adding the following after subsection (1):

Penalty as to section 27.1

33(1.1)     A person who contravenes or fails to comply with any provision of section 27.1 is guilty of an offence and liable on summary conviction

(a) in the case of an individual, to a fine not exceeding $1,000. or to imprisonment for a term not exceeding six months, or to both; or

(b) in the case of a corporation, to a fine not exceeding $5,000.

Coming into force

5           This Act comes into force on a day fixed by proclamation.