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The Non-Smokers Health Protection Amendment Act (Prohibitions on Flavoured Tobacco and Other Amendments)

This is an unofficial version.
If you need an official copy, use the bilingual (PDF) version.

S.M. 2014, c. 18

Bill 52, 3rd Session, 40th Legislature

The Non-Smokers Health Protection Amendment Act (Prohibitions on Flavoured Tobacco and Other Amendments)

(Assented to June 12, 2014)

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(1)        Subsection 1(1) is amended by adding the following definitions:

"flavoured tobacco product" means a tobacco product

(a) that has an aroma or taste other than tobacco that is apparent either before or during use, or both, and includes a tobacco product that has an aroma or taste resulting from one or more additives, including but not limited to candy, chocolate, fruit, spice, herb, alcohol or vanilla additives,

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

(c) that is designated in the regulations as a flavoured tobacco product,

but does not include snuff, chewing tobacco, pipe tobacco or a menthol tobacco product; (« produit du tabac aromatisé »)

"menthol tobacco product" means

(a) a tobacco product

(i) that, in addition to any aroma or taste resulting from tobacco, has a menthol aroma or taste resulting from a menthol additive,

(ii) that has no other non-tobacco aroma or taste — apparent either before or during use, or both — except menthol, and

(iii) that is represented by its packaging or labelling as being menthol-flavoured, with no other non-tobacco flavour, aroma or taste being represented in its packaging, labelling, advertising or otherwise, or

(b) a tobacco product that is designated in the regulations as a menthol tobacco product,

but does not include a tobacco product excluded from this definition by regulation; (« produit du tabac au menthol »)

"tobacco product" means tobacco in any form in which it is used or consumed, including cigarettes, cigars, snuff, chewing tobacco and raw leaf tobacco, and, for greater certainty, includes a flavoured tobacco product and a menthol tobacco product; (« produit du tabac »)

2(2)         Subsection 1(1) is further amended by repealing the definition "tobacco".

2(3)        The following is added after subsection 1(1):

Exception — products under the Food and Drugs Act (Canada)

1(1.1)       Any food, drug or device that contains nicotine and to which the Food and Drugs Act (Canada) applies is not a tobacco product, flavoured tobacco product or menthol tobacco product.

3           The following is added after section 6.4:

Supplying flavoured tobacco products prohibited

6.5(1)      No person shall supply or offer to supply a flavoured tobacco product to any other person.

Exception to prohibition

6.5(2)      Subsection (1) does not apply to a person who gives a flavoured tobacco product to any other person if the gift is intended solely for use in a traditional Aboriginal spiritual or cultural practice or ceremony.

Inference as conclusive evidence

6.5(3)      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 a flavoured tobacco product, in the absence of evidence to the contrary, the contents shall be conclusively deemed to be a flavoured tobacco product.

4           Clause 7(2)(a) is repealed.

5            Subsection 9(1) is amended

(a) by adding the following after clause (a.2):

(a.2.1) designating a tobacco product, or a class of tobacco products, as a flavoured tobacco product;

(a.2.2) designating a tobacco product, or a class of tobacco products, as a menthol tobacco product;

(a.2.3) prescribing a tobacco product, or a class of tobacco products, that is excluded from the definition "menthol tobacco product";

(b) in clause (e), by striking out "tobacco and" wherever it occurs; and

(c) by adding the following after clause (f.1):

(f.2) respecting the exemption of a flavoured tobacco product, or a class of flavoured tobacco products, from the prohibition in subsection 6.5(1);

6           The provisions of The Non-Smokers Health Protection Act listed in the Schedule to this Act are amended as specified in the Schedule.

Coming into force

7           This Act comes into force on a day to be fixed by proclamation.

SCHEDULE (Section 6)

Column 1

Strike out

Column 2

Substitute

Column 3

The Non-Smokers Health Protection Act Provisions

"tobacco" wherever it occurs "a tobacco product" 1(1) – "smoking"
"distribution of tobacco" "distribution of tobacco products" 1(1) – "tobacconist shop"
"in association with tobacco" "in association with tobacco products" 1(1) – "tobacco-related product"
"tobacco" "tobacco products" 5.1(a) and (b)
"tobacco or a tobacco-related product" "tobacco products or tobacco-related products" 5.1(c); 6.3 in the part before clause (a); 6.4; 7.3(1) in the part before clause (a)
"tobacco or a tobacco-related product" wherever it occurs "a tobacco product or tobacco-related product" 7(1), (2)(b) and (4); 7.2
"tobacco or tobacco-related product" "tobacco product or tobacco-related product" 7(3)
"tobacco or tobacco-related products" "tobacco products or tobacco-related products" 7.1; 7.2; 7.3(1)(a) and (2)
"tobacco" "tobacco products" 9(1)(f) and (h); 9.1(1)