15 (1) A person who contravenes section 3, 3.1 or 3.2, subsection 4 (1), section 5, 6.1 or 9 or subsection 13 (4), 14 (16), 16 (4), 17 (6), 18 (4) or (5) is guilty of an offence and on conviction is liable to a fine determined in accordance with subsection (3).  2005, c. 18, s. 13 (1); 2008, c. 26, s. 4 (1). Note: On a day to be named by proclamation of the Lieutenant Governor, subsection 15 (1) of the Act is amended by striking out “subsection 13 (4)” and substituting “subsection 12.1 (1), (3) or (4) or 13 (4)”. (See: 2016, c. 13, s. 6 (1)) Same (2) A person who contravenes section 6 or 10 or subsection 18 (1) is guilty of an offence and on conviction is liable, for each day or part of a day on which the offence occurs or continues, to a fine determined in accordance with subsection (3).  2005, c. 18, s. 13 (1). Determining maximum fine (3) The fine, or daily fine, as the case may be, shall not exceed an amount determined as follows: 1. Establish the number of times the defendant has been convicted of the same offence during the five years preceding the current conviction. 2. If the defendant is an individual, the amount is set out in Column 3 of the Table to this section, opposite the number of previous convictions in Column 2 and the section or subsection number of the provision contravened in Column 1. 3. If the defendant is a corporation, the amount is set out in Column 4 of the Table to this section, opposite the number of previous convictions in Column 2 and the section or subsection number of the provision contravened in Column 1.  1994, c. 10, s. 15 (3). Sequence of convictions (4) In establishing the number of times the defendant has been convicted of the same offence for the purposes of subsection (3), the only question to be considered is the sequence of convictions, and no consideration shall be given to the sequence of commission of offences or to whether an offence occurred before or after a conviction.  1994, c. 10, s. 15 (4). Continuing offence, vending machine (5) A person who contravenes subsection 7 (1) is guilty of an offence and on conviction is liable, for each day or part of a day on which the offence occurs or continues, to a fine of not more than $2,000.  1994, c. 10, s. 15 (5). Offence, failure to submit report (6) A person who contravenes section 8 or a regulation made under clause 19 (1) (f) is guilty of an offence and on conviction is liable to a fine of not more than $100,000.  1994, c. 10, s. 15 (6). Offence, smoking in motor vehicle (6.1) A person who contravenes section 9.2 is guilty of an offence and on conviction is liable to a fine of not more than $250.  2008, c. 12, s. 2. Note: On a day to be named by proclamation of the Lieutenant Governor, subsection 15 (6.1) of the Act is amended by adding “or subsection 12.1 (2)” after “section 9.2”. (See: 2016, c. 13, s. 6 (2)) Duty of directors and officers (7) A director or officer of a corporation that engages in the manufacture, sale or distribution of tobacco has a duty to take all reasonable care to prevent the corporation from contravening this Act.  1994, c. 10, s. 15 (7). (8) Repealed:  2005, c. 18, s. 13 (2). Offence (9) A person who has the duty imposed by subsection (7) and fails to carry it out is guilty of an offence and on conviction is liable to a fine of not more than $100,000.  1994, c. 10, s. 15 (9); 2005, c. 18, s. 13 (3). Same (10) A person may be prosecuted and convicted under subsection (9) even if the corporation has not been prosecuted or convicted.  1994, c. 10, s. 15 (10). Table  Item   Column 1   Provision Contravened   Column 2   Number of Earlier Convictions   Column 3   Maximum Fine — Individual (amount in dollars)   Column 4   Maximum Fine — Corporation (amount in dollars) 

  1   3 (1), 3 (2), 3.1, 3.2   0   8,000   20,000 

  2   3 (1), 3 (2), 3.1, 3.2   1   20,000   40,000 

  3   3 (1), 3 (2), 3.1, 3.2   2   40,000   100,000 

  4   3 (1), 3 (2), 3.1, 3.2   3 or more   200,000   300,000 

  5   3 (6), 4 (1), 6, 10, 14 (16), 16 (4), 17 (6), 18 (1), 18 (4), 18 (5)   0   2,000   5,000 

  6   3 (6), 4 (1), 6, 10, 14 (16), 16 (4), 17 (6), 18 (1), 18 (4), 18 (5)   1   5,000   10,000 

  7   3 (6), 4 (1), 6, 10, 14 (16), 16 (4), 17 (6), 18 (1), 18 (4), 18 (5)   2   10,000   25,000 

  8   3 (6), 4 (1), 6, 10, 14 (16), 16 (4), 17 (6), 18 (1), 18 (4), 18 (5)   3 or more   50,000   75,000 

  9   5, 6.1   0   4,000   200,000 

  10   5, 6.1   1   10,000   600,000 

  11   5, 6.1   2   20,000   600,000 

  12   5, 6.1   3 or more   100,000   600,000 

  13   9 (1), 9 (2)   0   1,000   not applicable 

  14   9 (1), 9 (2)   1 or more   5,000   not applicable 

  15   9 (3), 9 (6)   0   1,000   100,000 

  16   9 (3), 9 (6)   1 or more   5,000   300,000 

  17   9 (4)   any    4,000   10,000 

  18   13 (4)   any   4,000   10,000 2005, c. 18, s. 13 (4); 2007, c. 10, Sched. J, s. 4; 2008, c. 26, s. 4 (2); 2015, c. 7, Sched. 2, s. 5; 2017, c. 20, Sched. 11, s. 40. Note: On a day to be named by proclamation of the Lieutenant Governor, Column 1 of the Table to section 15 of the Act is amended by striking out “9 (1), 9 (2)” wherever it appears and substituting in each case “9 (1), 9 (2), 12.1 (1)” and by striking out “9 (3), 9 (6)” wherever it appears and substituting in each case “9 (3), 9 (6), 12.1 (3), 12.1 (4)”. (See: 2016, c. 13, s. 6 (3)) Section Amendments with date in force (d/m/y) 1997, c. 10, s. 26 - 26/06/1997 2005, c. 18, s. 13 (1-4)
- 31/05/2006 2007, c. 10, Sched. J, s. 4 - 04/06/2007 2008, c. 12, s. 2
- 21/01/2009; 2008, c. 26, s. 4 (1, 2)
- 01/07/2010 2015, c. 7, Sched. 2, s. 5 - 01/01/2016 2016, c. 13, s. 6 (1-3)
- not in force 2017, c. 20, Sched. 11, s. 40 - 14/11/2017 Automatic Prohibition