BILL NO. 90

(as introduced)

2nd Session, 62nd General Assembly
Nova Scotia
64 Elizabeth II, 2015

Government Bill

Tobacco Access Act
(amended)

The Honourable Leo A. Glavine
Minister of Health and Wellness

First Reading: April 17, 2015

(Explanatory Notes)

Second Reading: April 20, 2015

Third Reading: April 28, 2015 (LINK TO BILL AS PASSED)

Clause 2 bans the sale of flavoured tobacco.

Clause 3 adds a provision to assist in the enforcement of the ban on the sale of flavoured tobacco.

Clause 4 adds regulation-making powers with respect to flavoured tobacco.

Clause 5 adds an effective date to the Act.

Be it enacted by the Governor and Assembly as follows:

1 Section 3 of Chapter 14 of the Acts of 1993, the Tobacco Access Act, as amended by Chapter 12 of the Acts of 1999 and Chapter 58 of the Acts of 2014, is further amended by adding immediately after clause (b) the following clause:

(ba) "flavoured tobacco" means tobacco that
(i) has a characterizing scent or flavour, other than tobacco, that is noticeable before or during use, or both,

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

(iii) is designated under the regulations as being flavoured,

but does not include tobacco exempted by the regulations;

(a) striking out "or" at the end of clause (a);

(b) striking out the period at the end of clause (b) and substituting a semicolon; and

(c) adding immediately after clause (b) the following clauses:

(c) flavoured tobacco; or

(d) flavoured cigarette papers.

(4) In a prosecution for a contravention of clause (c) or (d) of Section 7, an indication on a container or package that the contents of the container or package are flavoured tobacco or flavoured cigarette papers is proof, in the absence of evidence to the contrary, that the contents are flavoured tobacco or flavoured cigarette papers, as the case may be.

(a) relettering clause (aa) as clause (ac); and

(b) adding immediately after clause (a) the following clauses:

(aa) designating tobacco as flavoured tobacco;

(ab) exempting certain types and flavours of tobacco from the definition of "flavoured tobacco";