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Stay Tobacco Free: Legislation

New Brunswick Policies and Legislation

Tobacco and Electronic Cigarette Sales Act
The purpose of the Tobacco and Electronic Cigarette Sales Act is to protect the health of New Brunswickers, especially youth, by restricting their access to tobacco products and electronic cigarettes and preventing the display of tobacco products which helps in reducing the visibility of tobacco.

As of January 1st, 2016, the Tobacco and Electronic Cigarette Sales Act will prohibit the sale of all flavoured tobacco products, including menthol, in New Brunswick. The sale of e-cigarette and e-juices to persons under 19 years of age will also be prohibited.

Tobacco Tax Act
Raising the price of tobacco products through taxation discourages youth from starting to smoke. Increasing licensing fees discourages retailers from selling tobacco which reduces the overall number of tobacco retailers.

Smoke-Free Places Act
New Brunswick's Smoke-Free Places Act prohibits smoking and vaping tobacco, cannabis and all other substances in all enclosed public places, indoor workplaces, school grounds, as well as in vehicles when a person under the age of 16 is present. Many public outdoor settings, including the following, also prohibit smoking and vaping as per the Act: 

  • On patios where food and/or alcohol is served and within 3m from the patio boundary;
  • 9m from doorways, windows and air intakes of buildings that are for public use;
  • In outdoor playgrounds and within 20m of their perimeters (examples include outdoor slides, swings, climbing structures, splash pads, wading pools, sand boxes);
  • On outdoor sports and recreational areas and within 20m of their perimeters (examples include outdoor tennis courts, baseball fields, soccer fields, swimming pools, beaches, skateboard parks, skating rinks, etc., and their spectator stands);
  • On a public walking trail and within 9m of the trail;
  • In provincial parks (except in designated smoking areas and on an occupied campsite); and
  • On the grounds of regional health authorities (hospitals, health clinics, etc.).

A toll-free number is provided to report violations of the Smoke-Free Places Act and to obtain additional information on this legislation: 1-866-234-4234. 

Smoke-free Places Act: Regulations
Regulations under the New Brunswick Smoke-Free Places Act 

Tobacco-Free Schools Policy of the NB Department of Education (Policy 702)

Health Canada Toolkit for Responsible Tobacco Retailers - Atlantic Region

No Vaping/No Smoking Posters
Downloadable posters for Entrances/Exits, Patios, Sports/Activity Areas and Playgrounds from the New Brunswick Department of Health.

Cannabis Control Act
New Brunswick's Cannabis Control Act controls the consumption and use of recreational cannabis. It establishes the legal age for the purchase, consumption and cultivation of recreational cannabis at 19 and outlines general restrictions on consumption and possession. Under the Cannabis Control Act, the only legal place to consume cannabis in New Brunswick is in a private dwelling or in the land adjacent to the private dwelling (home or backyard). Consuming cannabis in public is prohibited. It is also illegal to consume cannabis in a vehicle and to drive under the influence of cannabis. 

Complaints concerning cannabis should be directed to local police. 

Reporting Smoking and Vaping Violations in New Brunswick

Smoking and/or vaping tobacco, cannabis, and any other substance in public places that are designated as smoke-free by the Smoke-Free Places Act can be reported to the Smoke-Free Places Act Information Line. The Smoke-Free Places Act Information Line toll-free number is 1-866-234-4234.

For other complaints concerning cannabis, such as smoking it in a public place that is not already designated as smoke-free, or illegal sale or possession of cannabis, New Brunswickers are instructed to contact their local police detachment. 
More information here. 


Canadian Policies and Legislation

Canada's Tobacco Strategy - Reaching less than 5% use by 2035
On May 31, 2018, the Government of Canada has announced a target of less than 5% tobacco use by 2035 to reduce the staggering death and disease burden of tobacco use. Reaching this target will save millions of lives and billions of dollars.

Bill S-5: An Act to amend the Tobacco Act and the Non-smokers’ Health Act and to make consequential amendments to other Acts 
Bill S-5 (adopted May 23, 2018)

  • Gives Health Canada the power to implement plain and standardized tobacco packaging.
  • Applies many of the existing tobacco regulations to vaping products.
  • Prohibits the sale of vaping products to minors.
  • Restricts "lifestyle" advertising for vaping products, the use of testimonials, or any reference to e-cigarettes as healthier than standard tobacco products.
  • Bans certain flavours — like "confectionery" and cannabis — for vaping products.

Health Canada information on plain and standard packaging changes to come (2018): 

Tobacco and Vaping Products Act

Federal Regulations - Tobacco and Vaping Products Act

Toolkit for Responsible Tobacco Retailers - Atlantic Region

Tobacco Retailer Licence Fee Summary
Canadian Cancer Society (July 2018)
Lists the annual licence fee per tobacco retailer for municipalities and provinces.

Tobacco Sales Data -Health Canada
Health Canada has available on its website data for tobacco sales nationally and by province/territory for cigarettes, fine cut tobacco, cigars, pipe tobacco, and smokeless tobacco.  

Contraband Tobacco

Illegal Tobacco: It Hurts Us All
(Educational pamphlet prepared by the the Contraband Enforcement Unit of the Department of Public Safety of New Brunswick)

Tobacco - Plain and Standardized Packaging

The tobacco industry has long claimed that plain packaging violates World Trade Organization agreements. That claim was dismissed in June 2018 when World Trade Organization released its decision upholding Australia’s tobacco plain packaging as consistent with WTO trade obligations.

This decision gives a big boost to international momentum in favour of plain packaging, and will accelerate implementation worldwide.  It is a big win for public health.

The adoption of Bill S-5 in Canada has given Health Canada the authority it needs to implement plain and standardized packaging. Public consultations on proposed regulations on a plain and standardized appearance for tobacco products are currently taking place until September 6, 2018. All Canadians are encouraged to provide their feedback.

Cigarette Packaging Around the World: International Status Report - Canadian Cancer Society (2018)

Plain Packaging - Internation Overview - Canadian Cancer Society (2018)

5 Minute Guide - Plain Packaging Around the World
Infographic presented by the Propel Centre for Population Health Impact.

Why Plain and Standard Packaging? 
Canadian Coalition for Action on Tobacco

Canada: Bill S-5: An Act to amend the Tobacco Act and the Non-smokers’ Health Act and to make consequential amendments to other Acts 

Canada: Health Canada Backgrounder on Plain and Standardized Packaging