19 (1) The Lieutenant Governor in Council may make regulations, (a) prescribing anything that is referred to in this Act as being prescribed; (a.0.1) defining “cigarillo” for the purposes of this Act; (a.0.2) exempting tobacco products from the definition of “flavoured cigarillo” and making the exemption subject to the conditions, if any, that may be provided for in the regulations; (a.1) for the purposes of the definition of “enclosed public place” in subsection 1 (1), (i) defining “inside”, (ii) prescribing places to be enclosed public places; (a.2) for the purposes of the definition of “enclosed workplace” in subsection 1 (1), (i) defining “inside”, (ii) prescribing places to be enclosed workplaces; (a.2.1) defining “flavouring agent” for the purposes of this Act or any provision of this Act; (a.2.2) clarifying the meaning of “nil or nominal additional consideration” or “production cost” for the purposes of subsection 3.1 (3.1); (a.3) exempting tobacconists from any or all of the requirements and prohibitions in section 3.1, defining tobacconists for the purposes of such an exemption, and making the exemption subject to one or more conditions provided for in the regulations; (a.4) exempting retailers who sell tobacco at a duty free shop as defined in subsection 2 (1) of the Customs Act (Canada) from any or all of the requirements and prohibitions in section 3.1, and making the exemption subject to one or more conditions provided for in the regulations; (a.5) exempting manufacturers and wholesalers of tobacco products from any or all of the requirements and prohibitions in section 3.1, defining manufacturers and wholesalers of tobacco products for the purposes of such an exemption, and making the exemption subject to one or more conditions provided for in the regulations; (b) authorizing the sale of tobacco in a part of a psychiatric facility for the purposes of paragraph 3 of subsection 4 (2); (c) respecting the signs to be posted under sections 6, 10 and 18; (d) respecting the packaging requirements, health warning and other information referred to in section 5; (d.1) prescribing flavoured cigarillos for the purposes of subsection 6.1 (1); (d.2) prescribing flavoured tobacco products for the purposes of subsection 6.1 (3); (e) respecting the reports to be submitted under section 8; (f) requiring persons who sell tobacco at retail to submit reports to the Minister; (g) governing the giving of notice for the purposes of section 9; Note: On a day to be named by proclamation of the Lieutenant Governor, clause 19 (1) (g) of the Act is amended by striking out “section 9” at the end and substituting “sections 9 and 12.1”. (See: 2016, c. 13, s. 7 (1)) (h) governing proper ventilation for the purposes of paragraph 5 of subsection 9 (7); (h.1) defining “supportive housing residence” for the purposes of subparagraph 1 v of subsection 9 (7); (h.2) designating psychiatric facilities for the purposes of subsection 9 (8) and paragraph 3 of subsection 13 (4); (h.3) designating facilities for veterans for the purposes of subsection 9 (9); (i) providing for additional vehicles that are motor vehicles for the purposes of section 9.2; (j) providing for vehicles that are not motor vehicles for the purposes of section 9.2. Note: On a day to be named by proclamation of the Lieutenant Governor, subsection 19 (1) of the Act is amended by adding the following clauses: (See: 2016, c. 13, s. 7 (2)) (k) governing the application of section 12.1, including modifying the application of paragraph 7 of subsection 9 (2) as it applies to clause 12.1 (1) (c), and providing for exemptions from section 12.1 and making any exemptions subject to conditions; (l) providing for how elements of an offence respecting a prescribed product or substance may be proved in a prosecution, including providing for presumptions that apply in the absence of evidence to the contrary. 1994, c. 10, s. 19 (1); 2005, c. 18, ss. 2, 15 (1-9); 2008, c. 12, s. 3; 2008, c. 26, s. 5; 2010, c. 1, Sched. 27, s. 3; 2015, c. 7, Sched. 2, s. 9 (1, 2). Exception (2) A regulation shall not be made under clause (1) (f) unless a report referred to in that clause is necessary in order to, (a) verify reports obtained under section 8; or (b) obtain information with respect to the sale of tobacco that cannot be obtained under section 8.  1994, c. 10, s. 19 (2). Same (3) A regulation made under clause (1) (c) may specify the wording and appearance of the signs and the locations where they are to be posted.  1994, c. 10, s. 19 (3). Same (4) A regulation made under clause (1) (d) may, (a) impose different packaging requirements for different forms of tobacco; (b) govern aspects of packaging, including labelling, colouring, lettering, script, size of writing or markings and other decorative elements; (c) prescribe a minimum package size to contain not fewer than the prescribed number of items or not less than the prescribed number of grams of tobacco; (d) require that the health warning be inserted inside the package, printed on or affixed to its outer surface, inserted between the package and the outer wrapping, or printed on or affixed to the outer wrapping; (e) require that the other information be inserted inside the package, printed on or affixed to its outer surface, inserted between the package and the outer wrapping, or printed on or affixed to the outer wrapping.  1994, c. 10, s. 19 (4). Same (5) A regulation made under clause (1) (e) or (f) may prescribe the contents and frequency of the reports.  1994, c. 10, s. 19 (5). Effect of subss. (3) to (5) (6) Subsections (3), (4) and (5) do not restrict the generality of subsection (1).  2005, c. 18, s. 15 (10). General or specific (7) A regulation under this Act may be general or specific in its application, and may establish different categories or classes, and may provide for different obligations or responsibilities for different categories or classes.  2005, c. 18, s. 15 (10). Prescribing places (8) A regulation that prescribes a place or area for the purposes of any provision of this Act may provide for areas within the place or area where the prescription does not apply, or otherwise provide for exemptions from the prescription. 2015, c. 7, Sched. 2, s. 9 (3). Section Amendments with date in force (d/m/y) 2005, c. 18, s. 2
- 31/05/2006; 2005, c. 18, s. 15 (1-10) - 31/05/2006 2008, c. 12, s. 3
- 21/01/2009; 2008, c. 26, s. 5
- 01/07/2010 2010, c. 1, Sched. 27, s. 3 - 01/07/2010 2015, c. 7, Sched. 2, s. 9 (1-3) - 01/01/2016 2016, c. 13, s. 7 (1, 2)
- not in force