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Stay Tobacco Free: Legislation

New Brunswick Policies and Legislation

Legislation plays an important role in helping prevent tobacco use.

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
The Smoke-Free Places Act eliminates exposure to tobacco use and second-hand smoke where we work, learn and play, which helps protect our health, prevent smoking initiation by youth and prevents relapses in adults who are trying to or have already quit.

This legislation prohibits smoking cigarettes as well as vaping electronic cigarettes and the use of water pipes in all enclosed public places, indoor workplaces, and school grounds, as well as in vehicles when a person under the age of 16 is present.

As of July 1, 2015, the Smoke-Free Places Act has expanded the areas in which smoking cigarettes as well as using electronic cigarettes and water pipes is not permitted to include many public outdoor settings. These include:

  • 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.).

Since September 15, 2017, peace officers and inspectors are able to issue tickets to individuals who smoke in public places where smoking is banned.

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. 

You can view the Smoke-Free Places Act here.

The NB Government also provides some excellent information on tobacco-free living and the Smoke-Free Places Act via the Office of the Chief Medical Officer of Health’s (Public Health) website.

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.