Title BEFORE re-enacted by 2007-12-1, effective September 1, 2007 (BC Reg 232/2007).
Tobacco Sales Act
Title BEFORE re-enacted by 2015-11-1, effective September 1, 2016 (BC Reg 149/2016).
Tobacco Control Act
Section 1 definition of "authorization" BEFORE amended by 2004-23-31, effective February 18, 2004 [retro from April 29, 2004 (Royal Assent)].
"authorization" means the authorization of a dealer to sell tobacco at retail by dealer's permit or by regulation under section 44 (2) (i) of the Tobacco Tax Act;
Section 1 definition of "lease" was added by 2007-12-2, effective September 2, 2007 (BC Reg 232/2007).
Section 1 definitions of "authorization", "certificate", "dealer", "dealer's permit" and "notice" BEFORE repealed by 2006-10-1(a), effective September 1, 2007 (BC Reg 232/2007).
"authorization" means a retail authorization or a dealer's permit issued under the Tobacco Tax Act;
"certificate" means a certificate issued under section 9 by the administrator;
"dealer" means a dealer under section 1 of the Tobacco Tax Act;
"dealer's permit" means a dealer's permit under section 1 of the Tobacco Tax Act;
"notice" means a notice under section 8;
Section 1 definitions of "administrative penalty" and "retail" were added by 2006-10-1(b), effective September 1, 2007 (BC Reg 232/2007).
Section 1 definitions of "activated e-cigarette", "e-cigarette", "e-substance" and "vapour product" were added by 2015-11-2, effective September 1, 2016 (BC Reg 149/2016).
Section 2 (1) BEFORE amended by 2007-10-2(a), effective September 1, 2007 (BC Reg 232/2007).
(1) A person must not deal in, sell, offer for sale, distribute, advertise or promote the use of tobacco
Section 2 (2) BEFORE amended by 2007-10-2(b), effective September 1, 2007 (BC Reg 232/2007) [as amended by 2007-12-8, effective March 29, 2007 (Royal Assent)].
(2) A person must not sell, offer for sale, distribute, advertise or promote the use of tobacco to a person who has not reached the age specified by regulation under section 11 (2) (g).
Section 2 BEFORE amended by 2015-11-3, effective September 1, 2016 (BC Reg 149/2016).
Prohibitions
2 (1) A person must not deal in, sell, offer for sale, distribute, provide, advertise or promote the use of tobacco
(a) except in compliance with this Act and the regulations made under this Act,
(b) in a manner that allows a consumer or purchaser of tobacco to be deceived or misled concerning its character, toxicity, composition, merit or safety, or
(c) in a manner that interferes with initiatives by government to prevent injury to the health of a consumer or purchaser of tobacco or to restrain the use and consumption of tobacco.
(2) A person must not sell, offer for sale, provide or distribute tobacco to an individual who has not reached the age specified by regulation under section 11 (2) (g).
(2.1) It is a defence to a charge under subsection (2) if the person charged with the contravention demonstrates that, in concluding that the individual reached the age specified by regulation, the person
(a) required the individual to produce a prescribed form of identification,
(b) examined the identification, and
(c) reasonably believed that the identification
(i) was that of the individual, and
(ii) had not been altered or otherwise falsified.
(3) A person must not sell or offer for sale cigarettes from an opened package.
(4) A person must not sell or offer to sell tobacco at retail at a location to which a prohibition order under section 6.1 (2) (b) applies.
Section 2.1 (1) (part) and (4) BEFORE amended by 2015-11-4, effective September 1, 2016 (BC Reg 149/2016).
(1) A person must not deal in, sell, offer for sale or distribute tobacco in any of the following places:
(4) Subsection (2) applies whether or not the person who dealt in, sold, offered for sale or distributed tobacco, or any other person, is charged with contravening subsection (1).
Section 2.1 (3) BEFORE amended by 2023-10-1101, effective March 30, 2023 (Royal Assent).
(3) It is a defence to a charge under subsection (2) if the manager, owner or lessee, as applicable, demonstrates that he or she exercised reasonable care and diligence to prevent the contravention.
Section 2.2 (4) and (6) BEFORE amended by 2015-11-5(b) and (c), effective September 1, 2016 (BC Reg 149/2016).
(4) Subject to subsection (5), if any person contravenes subsection (2), the board, superintendent and principal each are deemed to have contravened that subsection and each is liable for the contravention.
(6) Subsection (4) applies whether or not the person who smoked or used tobacco, or held lighted tobacco, or any other person, is charged with contravening subsection (2).
Section 2.3 (1) (part) and (6) BEFORE amended by 2015-11-7, effective September 1, 2016 (BC Reg 149/2016).
(1) Subject to subsection (2), a person must not smoke tobacco, or hold lighted tobacco,
(6) Subsections (3) and (4) apply whether or not the person who smoked tobacco, or held lighted tobacco, or any other person, is charged with contravening subsection (1).
Section 2.3 (5) BEFORE amended by 2023-10-1102, effective March 30, 2023 (Royal Assent).
(5) It is a defence to a charge under subsection (3) or (4) if the manager, owner, lessee or employer, as applicable, demonstrates that he or she exercised reasonable care and diligence to prevent the contravention.
Section 2.4 (1) and (2) (part) BEFORE amended by 2015-11-8, effective September 1, 2016 (BC Reg 149/2016).
(a) display tobacco products, or
(b) advertise or promote the use of tobacco by means of a sign or otherwise
in any manner prohibited by the regulations.
(2) Despite subsection (1), the minister may order an exemption from a provision of the regulations made in relation to this section in respect of a person who retails tobacco from a building or structure that
Section 3 (3) BEFORE amended by 2007-10-3, effective September 1, 2007 (BC Reg 232/2007).
(3) If an enforcement officer reasonably believes that an offence under this Act or the regulations has been committed, the enforcement officer may seize and detain for the purposes of this Act any item that may constitute evidence of the offence if the item is
Section 3 (3) (part) BEFORE amended by 2007-14-215,Sch, effective December 1, 2007 (BC Reg 354/2007).
(3) If an enforcement officer reasonably believes that a contravention or an offence under this Act or the regulations has been committed, the enforcement officer may seize and detain for the purposes of this Act any item that may constitute evidence of the contravention or offence if the item is
Section 3 (4) (a) and (b) BEFORE amended by 2007-14-215,Sch, effective December 1, 2007 (BC Reg 354/2007).
(a) hinder, obstruct or otherwise interfere with an enforcement officer who is acting under this Act or the regulations, or
(b) knowingly make a false or misleading statement, or provide or produce a false document or thing, to an enforcement officer who is acting under this Act or the regulations.
Section 3 (2) BEFORE amended by 2007-12-4, effective March 31, 2008 (BC Reg 394/2007).
(2) To carry out the duties of an enforcement officer under this Act, an enforcement officer may at any reasonable time enter and inspect any place to which the public has access and where tobacco is offered for sale.
Section 3 (2) (a) BEFORE amended by 2015-11-10, effective September 1, 2016 (BC Reg 149/2016).
(a) to which the public has access and where tobacco is offered for sale, or
Section 4 (1) (b) BEFORE amended by 2007-10-4, effective September 1, 2007 (BC Reg 232/2007).
(b) if the enforcement officer considers that retention of the item is necessary and reasonable for the purposes of an investigation or prosecution for an offence under this Act or the regulations, retain the item and make it available for review by the person from whom it was seized.
Section 4 (1) (b) BEFORE amended by 2007-14-215,Sch, effective December 1, 2007 (BC Reg 354/2007).
(b) retain the item and make it available for review by the person from whom it was seized, if the enforcement officer considers that retention of the item is necessary and reasonable for the purposes of
(i) an investigation of a contravention or an offence under this Act or the regulations,
(ii) the imposition of an administrative penalty under section 6.1, or
(iii) the prosecution of an offence under this Act or the regulations.
Section 6.1 (2) (b) BEFORE amended by 2015-11-12(a), effective September 1, 2016 (BC Reg 149/2016).
(b) prohibit the person, in accordance with the prescribed schedule of prohibition periods, from selling tobacco or offering to sell tobacco at retail
(i) from the location at which the contravention occurred, and
(ii) subject to the regulations, if the administrator is satisfied that it is in the public interest to do so, from any other location, if the person sells or offers to sell tobacco at retail at more than one location.
Sections 7 to 10 BEFORE repealed by 2007-10-7, effective September 1, 2007 (BC Reg 232/2007).
Certificate for suspension
7 (1) A dealer is liable to have a certificate issued under section 9 if, within a 60 month period, the dealer has received, on or after September 1, 1995, two or more convictions respecting the same business location.
(2) A certificate must be for
(a) a 6 month suspension of the authorization if there are 2 convictions respecting the business location,
(b) a 12 month suspension of the authorization if there are 3 convictions respecting the business location, and
(c) a 24 month suspension of the authorization if there are 4 or more convictions respecting the business location.
(3) Subsection (2) applies even if
(a) a suspension or cancellation under section 7 of the Tobacco Tax Act applies to the dealer respecting the business location, or
(b) a previously given suspension at the business location is in force.
(4) A suspension described in subsection (2)
(a) must be based on at least one conviction that was not counted for the purposes of a previous suspension described in subsection (2),
(b) must not be based solely on convictions that were counted for the purposes of a previous suspension described in subsection (2), and
(c) must not be based on a conviction that occurred before the earliest conviction on which a prior suspension was based.
(5) For the purposes of calculating a suspension described in subsection (2), the dates on which the convictions occurred must be considered and consideration must not be given to the date the offences occurred.
Notice of intention to issue a certificate
8 (1) If the records of the administrator indicate that section 7 applies respecting a business location, the administrator must give notice to the dealer of an intention to consider issuing a certificate advising the director that the authorization at a business location is to be suspended.
(2) A notice must be served on the dealer personally or by registered mail at the dealer's most recent address known to the administrator or, if that address is unknown to the administrator, at the business location to which the certificate, if issued, would apply, and the notice must set out
(a) the suspension that may be specified in the proposed certificate for the business location and the grounds for that suspension,
(b) a statement that, in order to oppose the determination, the dealer must submit a signed statement within 30 days from the date the notice is served
(i) disputing the number, dates or applicability of the convictions specified in the notice, or
(ii) disputing the fact that the convictions relate to the business location specified in the notice, and
(c) the address to which the signed statement referred to in paragraph (b) must be delivered.
(3) For the purposes of subsection (2), service is deemed to have been effected
(a) on the date a person is served personally, or
(b) if a notice is sent to a person by registered mail, on the 14th day after it is sent.
Determination whether to issue a certificate
9 (1) The determination whether to issue a certificate respecting a business location of a dealer is made by the administrator on the basis of a review described by subsections (2) and (3) without a hearing and the administrator may begin the review at any time on or after the date specified in the notice.
(2) In deciding whether to issue a certificate, the administrator must consider only the number of and dates of the convictions and whether those convictions relate to the business location under consideration.
(3) For the purposes of subsection (2), the administrator may only refer to
(a) the notice,
(b) the dates of the convictions, and the business locations to which they relate, as disclosed by court records, and
(c) written submissions received under section 8 or this section.
(4) The administrator must issue or decide not to issue a certificate at the conclusion of a review and, if a certificate is issued, the administrator must send a copy of the certificate to the director and serve a copy on the dealer in the manner set out in section 8 (2).
(5) Subject to this section, a review under this section is governed by rules, practices and procedures adopted by the administrator and, in the conduct of such a review, the administrator is not bound by the legal or technical rules of evidence and may act on evidence by affidavit or by written statement or by the report of any officer appointed by the administrator or on evidence obtained in any manner the administrator thinks suitable.
(6) A certificate must not be held invalid on the grounds that the administrator did not examine or consider other information or evidence beyond that required by this section.
Appeal
10 (1) A dealer may appeal a certificate to the Supreme Court on an issue of law or mixed fact and law within 30 days of being served with a copy of the certificate and section 8 (2) and (3) applies for the purpose of determining the manner and date of that service.
(2) The appellant must, not less than one month before the hearing of the appeal, serve both the administrator and the director, either personally or by registered mail, with a copy of the notice of appeal and notice of the date of the hearing of the appeal.
(3) The Supreme Court, on application, may order that the suspension provided for in a certificate under appeal is deferred, subject to the conditions it thinks appropriate pending the outcome of an appeal under this section.
(4) The Supreme Court must
(a) dismiss the appeal, or
(b) allow the appeal and order the director to terminate the suspension.
Section 10.1 BEFORE re-enacted by 2007-10-8, effective September 1, 2007 (BC Reg 232/2007).
Sign indicating authorization suspended
10.1 (1) If a certificate is issued under section 9, the dealer must post a sign until the date specified in the certificate stating that the authorization is suspended for that business location and containing any other information required by the regulations.
(2) A sign referred to in subsection (1) must be posted in accordance with and meet the requirements of the regulations.
(3) On the administrator receiving a written notice under section 9 (1) (b) of the Tobacco Tax Act that an authorization is suspended, the administrator or a person acting on behalf of the administrator must publicize
(a) the name of the dealer whose authorization is suspended,
(b) the business location to which the suspension applies,
(c) the name under which business is conducted at the business location under the authorization, and
(d) the content of the sign referred to in subsection (1) that this Act and the regulations require the dealer to post respecting that suspension.
Section 10.1 (a) BEFORE amended by 2015-11-13, effective September 1, 2016 (BC Reg 149/2016).
(a) the person who is the subject of the order must, for the prohibition period, post a sign in the location to which the order applies stating that an order has been made prohibiting the sale of tobacco at retail at that location,
Section 11 (2) (a) BEFORE amended by 2007-12-5(a), effective March 31, 2008 (BC Reg 394/2007).
(a) respecting the labelling and packaging, and the selling, distributing, offering, exposing, promoting and advertising, of tobacco in British Columbia;
Section 11 (2) (a) to (h.2) BEFORE amended by 2015-11-15(a) to(h), effective September 1, 2016 (BC Reg 149/2016).
(a) respecting the labelling and packaging, and the selling, distributing, offering, exposing, promoting and advertising, of tobacco in British Columbia, including prohibiting the display of tobacco products and prohibiting forms of advertising or promotion of the use of tobacco in British Columbia;
(b) respecting the testing and analyzing of tobacco that is sold, distributed, advertised or promoted in British Columbia;
(c) requiring a manufacturer, distributor, wholesaler or retailer of tobacco in British Columbia to submit samples for testing or analysis;
(d) respecting the taking of samples and the seizure, detention, forfeiture and disposition of tobacco in British Columbia;
(e) specifying the content, form and manner of presentation of a warning that must be displayed with tobacco at the time the tobacco is offered for sale or is sold to a purchaser;
(f) specifying the minimum number of cigarettes that must be in a package if the package is to be sold, offered for sale, distributed, advertised or promoted to persons;
(g) specifying the age for the purposes of section 2 (2);
(h) exempting any tobacco from all or any of the provisions of this Act or the regulations, and prescribing the conditions of an exemption;
(h.1) specifying the size, content and form of a sign referred to in section 10.1 and the location where and manner in which the sign must be posted;
(i) the information that must be disclosed to the public or as provided under subparagraph (ii) by a manufacturer, distributor, wholesaler or retailer about
(A) the ingredients, additives or any other components of tobacco,
(B) the emissions of tobacco which arise or may arise from any use of tobacco, and
(C) the health hazards and effects which arise or may arise from exposure by any means, whether voluntary or not, to tobacco or the emissions of tobacco,
(ii) the persons, entities or class or classes of persons or entities to whom the information must be disclosed, and
(iii) the content, form, manner and timing of the disclosure;
Section 11 (3) BEFORE amended by 2015-11-15(i) to (j), effective September 1, 2016 (BC Reg 149/2016).
(3) Without limiting subsection (1), the Lieutenant Governor in Council may make regulations as contemplated in sections 2.1 to 2.3, and for the purposes of those sections the Lieutenant Governor in Council may make regulations as follows:
(a) defining a word or phrase;
(b) exempting persons or places, or parts of places, from all or part of those sections, with or without conditions;
(c) prescribing persons, including by class;
Section 11 (3) (e) and (f) were added by 2015-11-15(k), effective September 1, 2016 (BC Reg 149/2016).
Section 11 (5), (6) and (7) were added by 2015-11-15(l), effective September 1, 2016 (BC Reg 149/2016).
Section 12 (1) BEFORE amended by 2007-12-11, effective September 2, 2007 (BC Reg 232/2007).
(1) A person who contravenes section 2, 3 (4) or 10.1 (1) or (2) or a regulation made under section 11 (2) (a), (c), (e) or (h.2) commits an offence and is liable on conviction
Section 12 (6) BEFORE repealed by 2007-12-6(b), effective September 2, 2007 (BC Reg 232/2007).
(6) It is a defence to a charge of contravention of section 2 (2) to establish that the defendant, in reaching the conclusion that the purchaser had reached the required age,
(a) required the person to produce valid photo identification,
(b) made a reasonable effort to determine the authenticity of that identification, and
(c) acted on the basis of that identification.
Section 12 (4) BEFORE amended by 2007-14-215,Sch, effective December 1, 2007 (BC Reg 354/2007).
(4) For the purposes of subsection (3), a corporation has the burden of proving that an officer, director, employee or agent of the corporation was not acting on behalf of the corporation at the time that individual committed an offence under this Act or the regulations.
Section 13 BEFORE amended by 2015-11-16, effective September 1, 2016 (BC Reg 149/2016).
Injunction
13 In addition to the penalties provided in section 12, the Attorney General may apply to the Supreme Court for an injunction against any person who, having been convicted of an offence against this Act, continues to contravene this Act or the regulations, ordering the person to cease dealing in, selling, distributing, advertising or promoting the use of tobacco in British Columbia until the person complies with this Act or the regulations.