1998/99 Legislative Session: 3rd Session, 36th Parliament
FIRST READING


The following electronic version is for informational purposes only.
The printed version remains the official version.


HONOURABLE PENNY PRIDDY
MINISTER OF HEALTH AND
MINISTER RESPONSIBLE FOR SENIORS

BILL 28 -- 1998

TOBACCO SALES AMENDMENT ACT, 1998

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

1 Section 1 of the Tobacco Sales Act, R.S.B.C. 1996, c. 451, is amended by repealing the definition of "conviction" and substituting the following:

"conviction", except in section 12, means a conviction for an offence under this Act or under the Tobacco Act (Canada); .

2 Section 7 (2) is amended

(a) in paragraph (a) by striking out "3 month" and substituting "6 month",

(b) in paragraph (b) by striking out "6 month" and substituting "12 month", and

(c) in paragraph (c) by striking out "12 month" and substituting "24 month".

3 The following section is added:

Sign indicating licence suspension

10.1 (1) If a certificate is issued under section 9, the dealer must post a sign until the date specified in the certificate stating that the licence is suspended for that business location and containing any other information required by the regulations.

(2) A sign referred to in subsection (1) must be posted in accordance with and meet the requirements of the regulations.

4 Section 11 (2) is amended by adding the following paragraphs:

(h.1) specifying the size, content and form of a sign referred to in section 10.1 and the location where and manner in which the sign must be posted;

(h.2) respecting

(i) the information that must be disclosed to the public or as provided under subparagraph (ii) by a manufacturer, distributor, wholesaler or retailer about

(A) the ingredients, additives or any other components of tobacco,

(B) the emissions of tobacco which arise or may arise from any use of tobacco, and

(C) the health hazards and effects which arise or may arise from exposure by any means, whether voluntary or not, to tobacco or the emissions of tobacco,

(ii) the persons, entities or class or classes of persons or entities to whom the information must be disclosed, and

(iii) the content, form, manner and timing of the disclosure; .

5 Section 12 (1) is repealed and the following substituted:

(1) A person who contravenes section 2, 3 (4) or 10.1 or a regulation made under section 11 (2) (a), (c), (e) or (h.2) commits an offence and is liable on conviction

(a) for a first offence to a fine of not more than $2 500 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 $5 000 or to imprisonment for a term not exceeding 6 months, or to both the fine and imprisonment.

Commencement

6 This Act comes into force by regulation of the Lieutenant Governor in Council.

 
Explanatory Notes

SECTION 1: [Tobacco Sales Act, amends section 1] broadens the definition of "conviction" to include convictions for offences under the Tobacco Act (Canada).

SECTION 2: [Tobacco Sales Act, amends section 7 (2)] increases the lengths of suspensions of authorizations to sell tobacco.

SECTION 3: [Tobacco Sales Act, enacts section 10.1] requires that a dealer whose authorization is suspended post a sign of a prescribed size, in a prescribed manner and including prescribed information concerning the suspension.

SECTION 4: [Tobacco Sales Act, adds section 11 (2) (h.1) and (h.2)] allows regulations to be made prescribing the content, form and location for a sign referred to in section 10.1 of the Act and respecting disclosure about the ingredients of, additives to and emissions from tobacco and the health hazards and effects of tobacco and its emissions.

SECTION 5: [Tobacco Sales Act, repeals and replaces section 12 (1)] increases the penalties that the courts may impose for contravention of certain provisions of the Act or regulations under the Act.


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