This consolidation is unofficial and is for reference only. For the official version of the regulations, consult the original documents on file with the Registry of Regulations, or refer to the Royal Gazette Part II. Regulations are amended frequently. Please check the list of Regulations by Act to see if there are any recent amendments to these regulations filed with the Registry that are not yet included in this consolidation. Although every effort has been made to ensure the accuracy of this electronic version, the Registry of Regulations assumes no responsibility for any discrepancies that may have resulted from reformatting. This electronic version is copyright © 2009, Province of Nova Scotia, all rights reserved. It is for your personal use and may not be copied for the purposes of resale in this or any other form.
Tobacco Access Regulations
made under Section 13 of the
Tobacco Access Act
S.N.S. 1993, c. 14
O.I.C. 96-29 (January 16, 1996), N.S. Reg. 9/96
as amended up to O.I.C. 2009-148 (March 30, 2009), N.S. Reg. 73/2009
1 (1) In these regulations, unless the context otherwise requires,
(a) “Act” means the Tobacco Access Act;
(b) “linear metre width” is the greatest horizontal distance covered by a tobacco display surface, measured between the outside edges of the outermost parts of the tobacco display surface, or between the outside edges of the outermost tobacco packages or tobacco products, whichever is greater;
(ba) “opaque” means, with respect to material used to conceal tobacco and tobacco products, impenetrable enough to sight so that the tobacco and tobacco products are not visible to the public;
Clause 1(1)(ba) added: O.I.C. 2007-300, N.S. Reg. 285/2007.
(c) “prohibited period” is the period of time, upon conviction of an offense under this Act, a vendor or a successor to the vendor, or an employee of the vendor or the successor is prohibited from selling tobacco from the premises at which a conviction took place or on the premises to which the business is moved;
(d) “retailer” means “vendor” as defined in clause 3(h) of the Act;
(e) “tobacconist” means
(i) a vendor who manufactures, blends, sells or distributes only tobacco or tobacco products at their vending premises, or
(ii) a vendor who only manufactures, blends, sells or distributes tobacco or tobacco products and sells tickets for a licensed lottery scheme within the meaning of the Gaming Control Act at their vending premises;
Clause 1(1)(e) added: O.I.C. 2007-300, N.S. Reg. 285/2007; errata in O.I.C. 2007-300 corrected: O.I.C. 2007-409, N.S. Reg. 348/2007.
(2) In the Act and these regulations,
(a) “establishment” includes an outdoor area or a temporary or moveable location;
(b) “test purchases” as referred to in clause 10(a) of the Act includes purchases made using an agent under 19 years old, with the consent of the agent’s parent or guardian, to test a vendor’s compliance with the Act or these regulations;
(c) “tobacco product” is further defined as including all of the following:
(i) devices for rolling cigarettes,
(ii) cigarette or tobacco carrying or storage cases,
(iii) pipe loaders,
(iv) cigar cutters,
(v) specialty tobacco publications,
(vi) lighters and matches that display or depict logos, trademarks or colours of tobacco manufacturers.
Subsection 1(2) replaced: O.I.C. 2007-300, N.S. Reg. 285/2007.
Application
2 This Act and these regulations do not affect any Municipality’s authority to enact legislation to restrict access to tobacco and tobacco products or to protect individuals from inducements to use tobacco or tobacco products.
Designated establishments prohibited from selling tobacco
2A The following are designated establishments for the purpose of clause 9B(c) of the Act:
(a) a recreational facility where the primary activity is physical recreation, including all of the following facilities:
(i) a bowling alley,
(ii) a fitness centre,
(iii) a gymnasium,
(iv) a pool,
(v) a rink;
(b) a community college or university;
(c) a library, art gallery or museum;
(d) a cinema or theatre;
(e) an amusement park, a video arcade or pool hall;
(f) a gaming premises, as defined in the Gaming Control Act;
(g) an office of any of the following or of an agency of any of the following:
(i) the Government of Nova Scotia,
(ii) a municipality, as defined in the Municipal Government Act,
(iii) a village, as defined in the Municipal Government Act,
(iv) a school board, as defined in the Education Act;
(h) a multi-service centre, community centre or hall, arena, fire hall or church hall;
(i) any of the following care facilities:
(i) a facility as defined in the Hospitals Act,
(ii) a nursing home or residential care facility licensed under the Homes for
Special Care Act,
(iii) a home for aged or disabled persons to which the Homes for Special
Care Act applies,
(iv) a part of a health-care facility used for the acute or long-term care of veterans;
(j) a restaurant, lounge or beverage room, as defined in the Smoke-Free Places Regulations, or any other place licensed to serve alcoholic beverages;
(k) an outdoor area or a moveable or temporary location.
Section 2A added: O.I.C. 2007-300, N.S. Reg. 285/2007.
Point of sale awareness, health warning and information signs
3 (1) Point of sale awareness, health warning and information signs required by subsection 9(1) of the Act must meet the following specifications and be displayed in accordance with the following:
(a) a “Tobacco Access Act door decal” in the form set forth in Schedule “A”, measuring 23 centimetres in width and 18 centimetres in height, shall be visible to a person approaching the vendor’s premises and shall be placed immediately above or in close proximity to each entrance door handle or if the entrance door does not have a handle then the sign shall be placed in the middle of the door. The sign shall be unobstructed by other door signs, advertisement or promotion. If the door is not visible when the premises are open, the sign shall be placed within 1 metre of each entrance, unobstructed and clearly visible to those entering the premises;
(b) a “Tobacco Access Act point of purchase identification sign” in the form set forth in Schedule “B”, measuring 25 centimetres in width and 49 centimetres in height, shall be displayed in close proximity to each cash register where tobacco may be sold and in such a fashion, as to be clearly visible to the purchaser and the employee at the point of purchase, with the bottom of the sign not higher than 2 metres from floor level;
(c) a “Tobacco Access Act cash register sticker” in the form set forth in Schedule “C”, measuring 12 centimetres in width and 8 centimetres in height, shall be placed on or close to each cash register where tobacco may be sold so as to be clearly visible and accessible to the purchaser;
(d) a “Tobacco Access Act health warning sign” in the form set forth in Schedule “D”, measuring 46 centimetres in width and 18 centimetres in height, shall be centred in the middle or top of a tobacco display having a linear metre width of 3 metres or less;
(e) if a tobacco display has a linear metre width of greater than 3 metres, then a health warning sign in the form set forth in Schedule “E” measuring 76 centimetres in width and 30 centimetres in height shall be centred in the middle or at the top of each section of 3 metres or more. The number of signs shall be equal to the total linear metre width of the tobacco display divided by 3 (rounded down if the result is a fraction);
(f) signs referred to in (d) and (e) shall be affixed to the display unit or hung in front of the tobacco display at a distance of no more than 0.1 metres from the tobacco display.
Subsection 3(1) replaced: O.I.C. 2007-300, N.S. Reg. 285/2007; errata in Schedule A corrected: O.I.C. 2007-409, N.S. Reg. 348/2007.
(2) Compliance with Subsection 3(1) requires the use of signs available from the Department of Health and Wellness. Vendors are required to pay the applicable fees that may be set by the Minister from time to time.
Subsection 3(2) amended: O.I.C. 2007-300, N.S. Reg. 285/2007.
Storing tobacco and tobacco products
3A (1) A vendor, other than a tobacconist, shall store tobacco and tobacco products so that all of the following conditions are met:
(a) the tobacco and tobacco products are not visible to the public from outside the vendor’s premises;
(b) the tobacco and tobacco products are stored at the point of purchase under an opaque front counter, above the front counter in an opaque cabinet or behind the front counter.
(2) If tobacco or tobacco products are stored behind the front counter in accordance with clause (1)(b), all of the following conditions must be met:
(a) the cabinet space used for storing the tobacco or tobacco products must have an area of no greater than 15 720 square centimeters (131 cm x 120 cm);
(b) the cabinet space used for storing tobacco or tobacco products must have a permanent opaque concealing device that automatically closes without the assistance of the vendor or an employee;
(c) a vendor or an employee shall not open the concealing device to show what is available to the public;
(d) tobacco must be stored in such a manner that only the Health Canada emissions panel is visible when the permanent concealing device is opened;
(e) tobacco or tobacco products must not be stored in such a manner that a tobacco manufacturer’s colours, logos and any other product-identifying symbols are visible to the public.
(3) Once a consumer has indicated to a vendor or an employee an intention to purchase tobacco or tobacco products, they may view and examine only the specific number of units requested of the products before purchasing.
(4) Despite the storage requirements of these regulations, it is not an offence under the Act if a consumer is able to view tobacco, tobacco products or containers used for storing or transporting tobacco or tobacco products in any of the following circumstances:
(a) a vendor, an employee or a representative of a manufacturer of tobacco or tobacco products is restocking tobacco or tobacco products;
(b) a vendor or an employee is conducting an inventory of tobacco or tobacco products;
(c) a vendor or an employee is receiving a delivery of or unpacking tobacco or tobacco products;
(d) a vendor is in the process of selling tobacco or tobacco products to a consumer.
Section 3A added: O.I.C. 2007-300, N.S. Reg. 285/2007.
Tobacconists’ displays of tobacco and advertising
3B (1) A tobacconist may display tobacco or tobacco products that are visible to the public from outside the tobacconist’s premises, but must not display any sign or material promoting or advertising the sale of or otherwise respecting tobacco or tobacco products, other than a point of awareness sign described in subsection 3(1) or a magazine or other publication described in Section 3C.
Subsection 3B(1) amended: O.I.C. 2009-148, N.S. Reg. 73/2009.
(2) Tobacco must be stored or displayed in such a manner that only the Health Canada emissions panel is visible.
Section 3B added: O.I.C. 2007-300, N.S. Reg. 285/2007.
Display of magazine or other publication
3C For the purposes of subsection 9(2) of the Act, a vendor may display a magazine or other publication that contains tobacco advertising only if all of the following conditions are met:
(a) the magazine or publication must be displayed in such a way that the tobacco advertisement is not visible to the public;
(b) the magazine or publication must meet any requirements set out in the Tobacco Act (Canada) or regulations made under that Act.
Section 3C added: O.I.C. 2009-148, N.S. Reg. 73/2009.
Signs listing types of tobacco for sale
3D (1) A vendor may display signs listing the types of tobacco offered for sale and their prices in accordance with the following conditions:
(a) no more than 1 sign may be displayed at a till;
(b) no more than 3 signs may be posted in the vendor’s premises;
(c) a sign that is posted must be fixed to the counter or wall near a till;
(d) a sign may be kept under the counter and available for reference by a cashier;
(e) a sign must not be readable from outside the vendor’s premises.
(2) A sign listing the types of tobacco for sale shall meet all of the following criteria:
(a) the maximum size for a sign is 968 square centimetres;
(b) a sign must be white with only black lettering;
(c) the maximum height for the lettering on a sign is 18 millimetres;
(d) the lettering size and style must be consistent and shall not contain italics, bold
type or underlining;
(e) the text on a sign shall not identify or reflect a brand of tobacco or any element
of a brand;
(f) the text on a sign may use only the following words, or an abbreviation or an
equivalent in another language, to describe the types of tobacco for sale:
(i) full price cigarettes,
(ii) mid price cigarettes,
(iii) budget price cigarettes,
(iv) smokeless tobacco,
(v) cigars,
(vi) loose tobacco by pouch or tub;
(g) the text on a sign must not contain any words, phrases or figures additional to those set out in Schedule “F” or instructed to be inserted on the sign in Schedule “F”, other than an abbreviation of them or an equivalent in another language.
(3) A sign listing the types of tobacco for sale and their prices may be in the form set out in Schedule “F”.
Section 3C added: O.I.C. 2007-300, N.S. Reg. 285/2007; renumbered 3D: O.I.C. 2009-148, N.S. Reg. 73/2009.
Inspection
4 (1) For the purpose of the Act and these regulations, an enforcement officer may, without a warrant, enter and inspect the premises of any vendor during the business hours of that vendor with the exception of any part of the premises that is used exclusively as a dwelling.
(2) An enforcement officer shall produce, on request, evidence of his or her appointment.
(3) An enforcement officer conducting an inspection may
(a) question a person on matters relevant to the inspection;
(b) examine any record or other thing that is relevant to the inspection;
(c) remove any record or thing relevant to the inspection for evidence.
5 As a result of an inspection an enforcement officer may
(a) order the removal of any sign found to be in violation of the Act or these regulations;
(b) seize any tobacco or tobacco product found in the retail premises during a prohibited period;
(c) provide a verbal warning to the vendor if the vendor is found to be in violation of the Act or these regulations; or
(d) impose a fine by way of Summary Offence ticket on the vendor for being in violation of the Act or these regulations.
6 (1) Where a vendor is convicted of a violation of the Act or these regulations and is prohibited from selling tobacco for a determined period of time, the Minister shall inform wholesale distributors of tobacco and tobacco products in the province of the violation.
(2) It will be a violation of the Act for a wholesale distributor to sell or otherwise distribute tobacco or tobacco products to the vendor during the prohibited period.
(3) The vendor shall remove his or her stock of tobacco and tobacco products during the prohibited period.
Proof of age
7 Where a person appearing to be under the age of 19 years is required to provide proof of age by a vendor or an employee of a vendor under Section 5 of the Act, that person must present one of the following:
(1) for residents of Nova Scotia:
(a) a valid driver’s license issued by the Province of Nova Scotia containing a photograph of the person to whom the license is issued;
(b) a provincial photographic identification card issued by the Nova Scotia Department of Transportation and Infrastructure Renewal;
Clause 7(1)(b) amended: O.I.C. 1999-305, N.S. Reg. 65/99.
(c) a valid Canadian passport;
(d) a Canadian citizenship card containing a photograph of the person to whom the card is issued; or
(e) a Canadian Forces identification card.
Clause 7(1)(e) amended: O.I.C. 1999-305, N.S. Reg. 65/99.
Clause 7(1)(f) repealed: O.I.C. 1999-305, N.S. Reg. 65/99.
(2) for out-of-province residents:
(a) a driver’s license issued by the place of residence of the resident containing a photograph of the person to whom the license is issued;
(b) a valid passport;
(c) a Canadian citizenship card containing a photograph of the person to whom the card is issued; or
(d) a Canadian Forces identification card.
Clause 7(2)d) amended: O.I.C. 1999-305, N.S. Reg. 65/99.
(3) A vendor shall refuse to sell tobacco to an individual if it appears that the individual’s proof of identification has been altered.
[Note: The references to the Department of Health Promotion and Protection have been updated throughout to "the Department of Health and Wellness" in accordance with Order in Council 2011-15 under the Public Service Act, R.S.N.S. 1989, c. 376, effective January 11, 2011.
[Note: The signs, as described in Section 3, may be viewed at the Department of Health and Wellness. The size and text of each sign is as follows:]
Schedule “A”
(23 cm x 18 cm)
Because tobacco contains an addictive drug, it’s against the law for
retailers to sell or give tobacco products to persons under 19
NOVA SCOTIA TOBACCO ACCESS ACT
TOBACCO
RESTRICTED
Nova Scotia Department of Health and Wellness
Schedule “A” amended: O.I.C. 2007-300, N.S. Reg. 285/2007.
Schedule “B”
(25 cm x 49 cm)
NOVA SCOTIA TOBACCO ACCESS ACT
TOBACCO
RESTRICTED
Nova Scotia Department of Health and Wellness
Because tobacco contains an ADDICTIVE DRUG, it’s against the
law for retailers to sell or give tobacco products to persons under 19.
If any doubt, a photo I.D. is required.
The Only Acceptable Photo I.D. Cards are:
▼ Photo Drivers License
▼ Photo I.D. Issued by N.S. Dept. of Transportation & Public Works
▼ Canadian Forces I.D. Card
▼ Canadian Citizenship Card
▼ Passport
NOVA SCOTIA TOBACCO ACCESS ACT
TOBACCO KILLS
Schedule “B” amended: O.I.C. 1999-305, N.S. Reg. 65/99; O.I.C. 2007-300, N.S. Reg. 285/2007.
Schedule “C”
(12 cm x 8 cm)
NOVA SCOTIA TOBACCO ACCESS ACT
TOBACCO
RESTRICTED
Nova Scotia Department of Health and Wellness
BECAUSE TOBACCO CONTAINS AN ADDICTIVE DRUG,
IT’S AGAINST THE LAW FOR THIS STORE TO SELL OR
GIVE TOBACCO PRODUCTS TO PERSONS UNDER 19.
IF ANY DOUBT, A PHOTO I.D. IS REQUIRED.
Schedule “C” amended: O.I.C. 2007-300, N.S. Reg. 285/2007.
Schedule “D”
(46 cm x 18 cm)
NOVA SCOTIA TOBACCO ACCESS ACT
TOBACCO
KILLS
Tobacco Contains an ADDICTIVE DRUG & Kills [statistic as supplied by the Department of Health and Wellness]
Nova Scotians Each Year
Nova Scotia Department of Health and Wellness
Schedule “D” amended: O.I.C. 2001-135, N.S. Reg. 24/2001; O.I.C. 2007-300, N.S. Reg. 285/2007.
Schedule “E”
(76 cm x 30 cm)
NOVA SCOTIA TOBACCO ACCESS ACT
TOBACCO
KILLS
Tobacco Contains an ADDICTIVE DRUG & Kills [statistic as supplied by the Department of Health and Wellness]
Nova Scotians Each Year
Nova Scotia Department of Health and Wellness
Schedule “E” amended: O.I.C. 2001-135, N.S. Reg. 24/2001; O.I.C. 2007-300, N.S. Reg. 285/2007.
Schedule “F”
Tobacco Pricing
20s
25s
Carton
Cigarettes
full price
$(x)
$(x)
$(x)
mid price
$(x)
$(x)
$(x)
budget price
$(x)
$(x)
$(x)
Smokeless tobacco
$(x)
to
$(x)
Cigars
$(x)
to
$(x)
Loose tobacco
pouch
$(x)
to
$(x)
tub
$(x)
to
$(x)
TOBACCO KILLS [STATISTIC AS SUPPLIED BY THE DEPARTMENT OF HEALTH AND WELLNESS] NOVA SCOTIANS EACH YEAR
BECAUSE TOBACCO IS AN ADDICTIVE DRUG, IT IS AGAINST THE LAW FOR THIS STORE TO SELL OR GIVE TOBACCO OR TOBACCO PRODUCTS TO PERSONS UNDER 19. IF ANY DOUBT, A PHOTO I.D. IS REQUIRED.
________________________
Notes: Vendor must insert price for “(x)” wherever “$(x)” occurs.
The maximum height for the lettering on a sign is 18 mm.
Schedule “F” added: O.I.C. 2007-300, N.S. Reg. 285/2007.