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S.M. 2002, c. 37
Bill 37, 3rd Session, 37th Legislature
THE NON-SMOKERS HEALTH PROTECTION AMENDMENT ACT
(Assented to August 9, 2002)
WHEREAS there is conclusive evidence implicating tobacco use in the incidence of numerous debilitating and fatal diseases;
AND WHEREAS the display, advertising and promotion of products influences children's perception of what is considered normal behaviour, and influences their decisions whether to purchase products;
AND WHEREAS it is important to protect children and others from advertising and other inducements to use tobacco, so that they will not begin smoking and subsequently become dependent on tobacco;
AND WHEREAS to further prevent children from smoking, there should be effective restrictions on their access to tobacco;
THEREFORE HER MAJESTY, by and with the advice and consent of the Legislative Assembly of Manitoba, enacts as follows:
1 The Non-Smokers Health Protection Act is amended by this Act.
2 Section 1 is amended
(a) by adding the following definitions in alphabetical order:
"supply" means to sell, give, buy for, lend or otherwise provide a thing to a person, with or without consideration; (« fournir »)
"tobacco" means tobacco in any form in which it is used or consumed, and includes cigarettes, cigars, snuff and raw leaf tobacco, but does not include any food, drug or device that contains nicotine and to which the Food and Drugs Act (Canada) applies; (« tabac »)
(b) by replacing the definition "tobacco product" with the following:
"tobacco-related product" means a cigarette paper, cigarette tube, cigarette filter, cigarette maker or pipe, or any thing used in association with tobacco and prescribed in the regulations. (« produit connexe au tabac »)
3 Section 7 is replaced with the following:
7(1) No person shall supply or offer to supply tobacco or a tobacco-related product to a child.
7(2) Subsection (1) does not apply to
(a) a parent or guardian of a child who supplies tobacco or a tobacco-related product to the child in a place other than a public place or a place to which the public ordinarily has access; or
(b) a person who gives tobacco or a tobacco-related product to a child if the gift is intended solely for use in traditional Aboriginal spiritual or cultural practices or ceremonies.
7(3) In a prosecution or proceeding for a contravention of subsection (1), the accused has a defense if he or she can prove on a balance of probabilities that, before supplying or offering to supply the tobacco or tobacco-related product to the child, the accused attempted to verify that the child was at least 18 years of age by asking for and being shown documentation prescribed in the regulations for the purpose of verifying age, and reasonably believed that the documentation was authentic and that the person was at least 18 years of age.
7(4) In a prosecution or proceeding for a contravention of subsection (1), where a container or package gives rise to a reasonable inference that the contents of the container or package are tobacco or a tobacco-related product, in the absence of evidence to the contrary, the contents shall be conclusively deemed to be tobacco or a tobacco-related product.
4 The following is added after section 7:
7.1 Section 7.2 and subsection 7.3(1) do not apply in relation to a place or premises for which the sale of tobacco or tobacco-related products is the major activity, if the place or premises is prescribed for the purpose of that section or subsection in the regulations.
7.2 No person shall display or permit to be displayed tobacco or a tobacco-related product such that it is visible to children in any place or premises in which tobacco or tobacco-related products are sold.
7.3(1) No person shall advertise or promote tobacco or a tobacco-related product
(a) in any place or premises in which tobacco or tobacco-related products are sold;
(b) in any place or premises to which children are permitted access;
(c) on an outdoor sign of any type, including
(i) a billboard or portable sign, or
(ii) a sign on a bench, vehicle, building or other structure; or
(d) inside a building or other structure or vehicle if the advertisement or promotion is visible from outside the building, structure or vehicle.
7.3(2) Notwithstanding subsection (1), a place or premises described in clause (1)(a) may have signage that lists the tobacco or tobacco-related products offered for sale and their prices, if the signage complies with the requirements specified in the regulations.
7.3(3) Nothing in subsection (1) prohibits a person from possessing or operating a vending machine that provides tobacco or tobacco-related products, if the possession or operation is otherwise authorized by law.
5 Subsections 8(1) and (2) are replaced with the following:
8(1) A person who contravenes a provision of this Act other than section 2, or a provision of the regulations, is guilty of an offence and is liable on summary conviction,
(a) for a first offence, to a fine of not more than $3,000.;
(b) for a second offence, to a fine or not more than $5,000.;
(c) for a third or subsequent offence, to a fine of not more than $15,000.
8(2) A person who contravenes section 2 or a by-law made under section 6 is guilty of an offence and is liable on summary conviction to a fine of not more than $500. for a first offence, and not more than $1,000. for a second or subsequent offence.
6 The following is added after section 8:
8.1 If a corporation commits an offence under this Act or the regulations, a director or officer of the corporation who authorized, permitted or acquiesced in the commission of the offence is also guilty of the offence and is liable on summary conviction to a fine of not more than the amount that could be levied against the corporation.
7(1) Section 9 is amended by replacing clause (c) with the following:
7(2) Section 9 is amended by adding the following after clause (e):
(f) prescribing things that are used in association with tobacco as tobacco-related products;
(g) for the purpose of subsection 7(3), prescribing documentation that may be used to verify the age of a person;
(h) for the purpose of section 7.2 or subsection 7.3(1), prescribing a place or premises, or a class of places or premises, in which tobacco or tobacco-related products may be displayed, advertised, or promoted;
7(3) Section 9 is amended by renumbering it as subsection 9(1) and adding the following as subsection 9(2):
9(2) Before making a recommendation to the Lieutenant Governor in Council respecting regulations under clause (1)(c) relating to signage permitted under subsection 7.3(2), the minister shall seek the advice and recommendations of the advisory committee established under section 9.1.
8 The following is added after section 9:
9.1(1) The minister shall establish an advisory committee to provide to the minister, at his or her request, advice and recommendations on issues relating to the display, advertising and promotion of tobacco and tobacco-related products.
9.1(2) At least 1/3 of the members of the advisory committee established under subsection (1) shall be persons who, in the opinion of the minister, are representative of tobacco retailers.
9(1) Subject to subsection (2), this Act comes into force 60 days after the day it receives royal assent.
9(2) The following provisions come into force on January 1, 2004:
(a) section 4;
(b) clause 9(h) of The Non-Smokers Health Protection Act, as enacted by subsection 7(2).