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"Point in Time" Regulation Content

Tobacco and Vapour Products Control Act

Tobacco and Vapour Products Control Regulation

B.C. Reg. 232/2007

NOTE: Links below go to reg content as it was prior to the changes made on the effective date. (PIT covers changes made from September 19, 2009 to present)
SECTIONEFFECTIVE DATE
Title September 1, 2016
Section 1 September 1, 2016
Section 4.21 September 1, 2016
Section 4.22 September 1, 2016
Section 4.23 September 1, 2016
Section 4.24 October 5, 2018
October 17, 2018
Section 4.3 September 1, 2016
Section 4.31 September 1, 2016
Section 4.32 September 1, 2016
Section 5 September 1, 2016
Section 13 September 1, 2016
Section 17 September 1, 2016
Section 18 September 1, 2016
Section 19 September 1, 2016
Schedule 1 September 1, 2016
Schedule 1.1 September 1, 2016
Schedule 1.2 September 1, 2016
Schedule 1.3 September 1, 2016
Schedule 1.4 September 1, 2016
Schedule 1.5 September 1, 2016
Schedule 4 September 1, 2016
Schedule 5 September 1, 2016
Schedule 6 September 1, 2016
Schedule 7 September 1, 2016
Schedule 8 September 1, 2016

 Title BEFORE amended by BC Reg 149/2016, effective September 1, 2016.

Tobacco Control Regulation

 Section 1 definition of "Act" BEFORE amended by BC Reg 149/2016, effective September 1, 2016.

"Act" means the Tobacco Control Act;

 Section 1 definitions of "minor" and "retail establishment" were added by BC Reg 149/2016, effective September 1, 2016.

 Section 4.21 (part) BEFORE amended by BC Reg 149/2016, effective September 1, 2016.

Other places where smoking not permitted

4.21   For the purposes of section 2.3 (1) (a) (iii) of the Act, the following places are prescribed as places in which a person must not smoke tobacco or hold lighted tobacco:

 Section 4.22 (1) and (4) (part) BEFORE amended by BC Reg 149/2016, effective September 1, 2016.

(1) For the purposes of section 2.3 (1) (b) of the Act, the prescribed distance from a doorway, window or air intake in which a person must not smoke tobacco, or hold lighted tobacco, is 3 metres.

(4) A manager, owner or lessee of, or an employer at, a public place is exempt from liability under section 2.3 (3) or (4) of the Act, as applicable, in respect of any portion of the 3 metre area described in subsection (1) of this section over which the manager, owner, lessee or employer has no control, if a person smokes tobacco or holds lighted tobacco within that portion but that person is not

 Section 4.23 (2) (a) and (b) BEFORE amended by BC Reg 149/2016, effective September 1, 2016.

(a) a person in care or resident who smokes tobacco, or holds lighted tobacco, in a room designated for tobacco use within a community care facility, assisted living residence or hospital;

(b) a person who is registered as a guest under the Hotel Guest Registration Act, if the guest is smoking tobacco, or holding lighted tobacco, in the room or building in which the guest and the guest's party, if any, have been assigned exclusive accommodation.

 Section 4.23 (2) (c) was added by BC Reg 149/2016, effective September 1, 2016.

 Section 4.24 was enacted by BC Reg 213/2018, effective October 5, 2018.

 Section 4.24 BEFORE amended by BC Reg 213/2018, effective October 17, 2018.

4.24   A vapour product that is a cannabis accessory, within the meaning of the Cannabis Control and Licensing Act, is exempt from the prohibitions set out in sections 2, 2.1 and 2.4 of the Act when it is dealt in, sold, offered for sale, distributed, provided, advertised, promoted or displayed by the government.

 Section 4.3 BEFORE repealed by BC Reg 149/2016, effective September 1, 2016.

Definitions for sections 4.31 to 4.32

4.3   In sections 4.31 to 4.32:

"minor" means a person who is under 19 years of age;

"retail establishment" means the location at which a retailer deals in, sells, offers to sell or distributes tobacco.

[en. B.C. Reg. 394/2007, s. 3.]

 Section 4.31 BEFORE amended by BC Reg 149/2016, effective September 1, 2016.

Limits on advertising

4.31   (1) A retailer must not, on the premises of a retail establishment, display tobacco products, or advertise or promote the use of tobacco, in any manner by which the tobacco products or the advertisement or promotion

(a) may reasonably be seen or accessed by a minor inside the retail establishment, or

(b) are clearly visible to a person outside the retail establishment.

(2) For the purposes of subsection (1), "advertise or promote the use of tobacco" means to advertise or promote the use of tobacco by any means, including by

(a) displaying on a sign, video, clothing or other tangible object

(i) the name of a tobacco brand or product manufacturer,

(ii) an abbreviation or other thing that would reasonably identify the name of a tobacco brand or product manufacturer, or

(iii) a graphic, design or symbol that is commonly associated with the name of a tobacco brand or product manufacturer, or

(b) making available any sign, video, clothing or other tangible object that displays any of the things set out in paragraph (a).

[en. B.C. Reg. 394/2007, s. 3.]

 Section 4.32 (1) BEFORE amended by BC Reg 149/2016, effective September 1, 2016.

(1) Despite section 4.31, a retailer may advertise on the premises of a retail establishment the types of tobacco products for retail by means of a sign that meets all of the following criteria:

(a) the sign must not be larger than 968 cm2;

(b) the background of the sign must be white only;

(c) the text of the sign must be black only;

(d) the letters in the text of the sign must not be higher than 5 cm;

(e) except for the "$" symbol in front of a price, the sign must not contain any graphic or design, or any symbol that is not an alpha-numeric character;

(f) the sign must not include the name of a tobacco brand or product manufacturer;

(g) the sign must not include any abbreviation, or other thing that would reasonably identify the name of a tobacco brand or product manufacturer;

(h) the sign may advertise only

(i) the types of tobacco products for sale, and

(ii) the prices of, or a price range for, those types of tobacco products.

 Section 5 BEFORE re-enacted by BC Reg 149/2016, effective September 1, 2016.

Warning signs

5   (1) For tobacco sold or offered for sale other than by a vending machine, the dealer must ensure that each of the following decals issued by the minister is displayed:

(a) a 17 cm x 35 cm decal, as set out in Schedule 1, in plain view to the purchaser at the point and time of sale;

(b) a 10 cm x 10 cm decal, affixed to the side of each point of sale system facing purchasers being served at that point of sale system, stating

"IT IS ILLEGAL TO GIVE OR SELL TOBACCO TO ANYONE UNDER 19 YEARS OF AGE. VALID PHOTO ID MAY BE REQUIRED.";

(c) a 4 cm x 8 cm decal, containing the statement specified in paragraph (b) and affixed to each point of sale system so as to face the dealer or employee operating the system.

(2) A dealer who operates a tobacco vending machine must ensure that the warning decal referred to in subsection (1) (a) is affixed to the front of the vending machine facing the purchaser.

(3) The warning decals referred to in subsections (1) and (2) must not be obscured by a sign, notice or any other thing that could render the decal less than fully visible to any purchaser.

 Section 13 (1) (c) (ii) and (2) (part) BEFORE amended by BC Reg 149/2016, effective September 1, 2016.

(ii) if the person is an employee, whether and to what extent the owner or a person retained by the owner to operate the business provides training and monitoring of the person with respect to tobacco sales;

(2) In determining, under section 6.1 (2) (b) (ii) of the Act, if it is in the public interest to prohibit a person from selling tobacco at retail from a location other than the location at which the contravention occurred, the administrator must consider all of the following:

 Section 17 BEFORE amended by BC Reg 149/2016, effective September 1, 2016.

Payment of monetary penalty

17   A person who is required by an order made under section 6.1 (2) of the Act to pay a monetary penalty must pay the penalty by cheque or money order, payable to the Minister of Finance, mailed to the administrator at the address indicated in the administrative penalty notice.

 Section 18 BEFORE amended and BEFORE (2) was added by BC Reg 149/2016, effective September 1, 2016.

Administrative penalty notice

18   If the administrator, after providing a person the opportunity to be heard, makes an order imposing an administrative penalty on the person, then the administrator must, no later than 45 days after the date of the hearing, deliver an administrative penalty notice to the person in the form set out in Schedule 4 by

(a) registered mail or facsimile,

(b) personal delivery to the person, or

(c) personal delivery of a copy of the notice to another person working at the location where the contravention occurred.

 Section 19 (1) (a) BEFORE amended by BC Reg 149/2016, effective September 1, 2016.

(a) each place where tobacco was displayed for sale at the location identified in the order, or

 Section 19(2)(a)(iii) and (iv) BEFORE amended by BC Reg 149/2016, effective September 1, 2016.

(iii) if the prohibition is based on at least one contravention of section 2 (2) of the Act, the message

"NOTICE: WE CANNOT SELL TOBACCO BECAUSE WE HAVE SOLD TOBACCO TO A MINOR IN CONTRAVENTION OF THE TOBACCO CONTROL ACT.";

(iv) if paragraph (iii) does not apply, the message

"NOTICE: WE CANNOT SELL TOBACCO BECAUSE WE HAVE CONTRAVENED THE TOBACCO CONTROL ACT.",

 Section 19(2)(a)(v) and (vi) were added by BC Reg 149/2016, effective September 1, 2016.

 Section 19(2)(b) BEFORE repealed by BC Reg 149/2016, effective September 1, 2016.

(b) measure 17 cm x 35 cm and be in the form set out in Schedule 5 or 6, as applicable, and

 Schedule 1 BEFORE re-enacted by BC Reg 149/2016, effective September 1, 2016.

Schedule 1

Hooked Warning Sign

Bad Teeth Warning Sign

Poison Warning Sign

Mother and Child Warning Sign

Little Girl #1 Warning Sign

Little Girl #2 Warning Sign

 Schedule 1.1 was enacted by BC Reg 149/2016, effective September 1, 2016.

 Schedule 1.2 was enacted by BC Reg 149/2016, effective September 1, 2016.

 Schedule 1.3 was enacted by BC Reg 149/2016, effective September 1, 2016.

 Schedule 1.4 was enacted by BC Reg 149/2016, effective September 1, 2016.

 Schedule 1.5 was enacted by BC Reg 149/2016, effective September 1, 2016.

 Schedule 4 BEFORE repealed by BC Reg 149/2016, effective September 1, 2016.

Schedule 4

Tobacco Control Act

ADMINISTRATIVE PENALTY NOTICE

To: [name and address of person who is subject of the notice]

On ............[Date]..........., I conducted a hearing and determined that you have contravened the following provisions of the Tobacco Control Act or the Tobacco Control Regulation:

1. [cite provisions and provide particulars]

2. etc.

3.

Pursuant to section 6.1 of the Tobacco Control Act, I hereby order that: [indicate monetary penalty, prohibition order, or both, as applicable]

(1) You must pay a monetary penalty in the amount of $..........., no later than 30 days after the date of this order. You may pay this by cheque or money order, payable to the Minister of Finance, mailed to the administrator at the following address:

[address]

(2) You must not sell or offer to sell tobacco at retail at the following location for the period from ............[Date].......... to ............[Date].......... .

[address of prohibited location]

Dated.................................................................................................................................
Signature of Administrator

 Schedule 5 BEFORE re-enacted by BC Reg 149/2016, effective September 1, 2016.

Schedule 5

 Schedule 6 BEFORE re-enacted by BC Reg 149/2016, effective September 1, 2016.

Schedule 6

 Schedule 7 was enacted by BC Reg 149/2016, effective September 1, 2016.

 Schedule 8 was enacted by BC Reg 149/2016, effective September 1, 2016.