Smoking Control and Reduction Act

Consolidated act

Citation: S.N.W.T. 2019, c.29
Source: Unofficial consolidation PDF (justice.gov.nt.ca)

This is an unofficial reading copy parsed from the Department of Justice consolidation PDF above — itself an office consolidation, not an official statement of the law. The authoritative text is in the Revised Statutes of the Northwest Territories, 1988 and the annual Statutes volumes.

s.1 amended by Miscellaneous Statute Law Amendment Act, 2024
s.3 amended by Miscellaneous Statute Law Amendment Act, 2024
s.31 amended by Cannabis Legalization and Regulation Implementation Act

Cites

Cited by

Cannabis Products Act, s.34
Early Learning and Child Care Regulations, s.40 → #sec_1
Early Learning and Child Care Regulations, s.40
Smoking Control and Reduction Regulations, s.1 → #sec_3__subsec_1__para_b
Smoking Control and Reduction Regulations, s.2 → #sec_1
Smoking Control and Reduction Regulations, s.2 → #sec_1
Smoking Control and Reduction Regulations, s.2 → #sec_1
Smoking Control and Reduction Regulations, s.2 → #sec_3__subsec_1__para_a
Smoking Control and Reduction Regulations, s.3 → #sec_3__subsec_1__para_a
Smoking Control and Reduction Regulations, s.4 → #sec_7__subsec_3
Smoking Control and Reduction Regulations, s.4 → #sec_7__subsec_4
Smoking Control and Reduction Regulations, s.5 → #sec_8__subsec_2
Smoking Control and Reduction Regulations, s.7 → #sec_29
Summary Conviction Procedures Regulations, s.2 → #sec_11__subsec_1
Tobacco and Vapour Products Control Act, s.1 → #sec_1
Tobacco and Vapour Products Control Act, s.1 → #sec_1

Contents

1. Definitions 2. Government bound 3. Smoking prohibited 4. Municipal bylaws 5. Definitions 6. Manager shall request person to stop smoking 7. Definition: "consumer" 8. Minister may provide signs 9. Removal, alteration of sign prohibited 10. Unauthorized signs prohibited 11. Inspectors 12. Power to enter and inspect 13. Warrant to inspect dwelling place 14. Power to stop motor vehicle 15. Powers on inspection 16. Investigation 17. Peace officer 18. Duty to co-operate 19. Request for assistance 20. Limitation of liability 21. Offence 22. Contravention: certain provisions 23. Contravention: subsection 18(2) or (3) 24. Evidence of previous conviction 25. Description of offence: smoking 26. Testimony of witness 27. Proof of age 28. Report to Legislative Assembly 29. Regulations 30. Cannabis Products Act 31. Cannabis Smoking Control Act 32. Coming into force

Regulations

Smoking Control and Reduction Regulations

The Commissioner of the Northwest Territories, by and with the advice and consent of the Legislative Assembly, enacts as follows:

INTERPRETATION AND APPLICATION

Definitions

In this Act,

"accessory" means an accessory as defined in section 1 of the Tobacco and Vapour Products Control Act; (accessoire)

"cannabis" means cannabis as defined in subsection 1(1) of the Cannabis Products Act; (cannabis)

"cannabis store" means a cannabis store as defined in subsection 1(1) of the Cannabis Products Act; (magasin de cannabis)

"continuing care facility" means a facility that is designated by the regulations as a continuing care facility for the purposes of this Act; (établissement de soins continus)

"dwelling place" means a dwelling place as defined in section 1 of the Tobacco and Vapour Products Control Act; (lieu d’habitation)

"electronic cigarette" means an electronic cigarette as defined in section 1 of the Tobacco and Vapour Products Control Act; (cigarette électronique)

"home-based facility" means a home-based facility as defined in subsection 1(1) of the Early Learning and Child Care Standards Regulations, made under the Early Learning and Child Care Act; (garderie à domicile)

"hotel" includes a motel and any other place where guest rooms are rented for private residential accommodation; (hôtel)

"inspector" means a person who is appointed as an inspector under subsection 11(1) or who is a member of a class of persons designated as inspectors under subsection 11(3); (inspecteur) "manager" means, in respect of a public place, a person who controls, governs or directs the activities carried on within the public place, including

(a) a person who is in charge of the public place at any particular time, and

(b) the owner of the public place; (gestionnaire)

"minor" means an individual who has not attained 19 years of age; (mineur)

"motor vehicle" means, subject to the regulations, a vehicle propelled or driven by power other than muscular power, but does not include

(a) an aircraft, a marine vehicle or an all-terrain vehicle,

(b) a device that runs or is designed to run exclusively on rails, or

"place" includes

(a) land or an area,

(b) a building, structure or facility, and

"public place" means

(a) all or any part of a building, structure or facility, whether covered by a roof or not, to which the public has access as of right or by express or implied invitation, whether or not a fee is charged for entry, including

(i) all or any part of a building, structure or facility that is used for private events,

(ii) all or any part of a building, structure or facility that is owned or leased by a private club that restricts admission to members and guests,

(iii) a home-based facility,

(iv) a continuing care facility, and

(v) a hotel, including the guest rooms in the hotel,

(b) all or any part of a place to which the public has access as of right or by express or implied invitation, whether or not a fee is charged for entry, in which minors ordinarily gather, including

(i) an outdoor playground that is intended for children’s recreational use,

(ii) an outdoor field, court or rink that is used for sports or other athletic activities,

(iii) an outdoor skateboard park or bicycle park, and

(iv) a park that is located in a community, for the duration of any event that takes place in the park, or

"retailer" means a retailer as defined in section 1 of the Tobacco and Vapour Products Control Act; (détaillant)

"sell" includes offer to sell and expose for sale; (vendre)

"smoke" means

(a) to inhale or exhale smoke from, or to hold or otherwise have control over,

(i) a lighted cigarette, cigar or other item, burning any substance or product, or

(ii) a pipe, water pipe, or other equipment, burning any substance or product, or

(b) to inhale or exhale vapour from, or to hold or otherwise have control over,

(i) an activated electronic cigarette, or

(ii) another activated device containing any substance or product that may be inhaled or exhaled; (fumer ou consommer par inhalation)

"tobacco product" means a tobacco product as defined in section 1 of the Tobacco and Vapour Products Control Act; (produit du tabac)

"vapour product" means a vapour product as defined in section 1 of the Tobacco and Vapour Products Control Act; (produit de vapotage)

"vendor" means a vendor as defined in subsection 1(1) of the Cannabis Products Act. (vendeur) SNWT 2024,c.9,s.28(2).

Government bound

This Act binds the Government of the Northwest Territories.

PROTECTION AGAINST

ENVIRONMENTAL SMOKE AND

EXPOSURE TO TOBACCO USE

Smoking prohibited

(1) Subject to subsection (2) and the regulations, no person shall smoke in

(a) a public place; or

(b) a motor vehicle while another person who is a minor is present in the motor vehicle.

Exceptions

(2) Subsection (1) does not apply to

(a) smoking in a public place during any period when the public place is being used, with the consent of the manager, for traditional Indigenous spiritual or cultural practices or ceremonies, if the smoking is an integral part of those practices or ceremonies;

(b) a home-based facility when early learning and child care is not being provided in the facility;

(d) a guest room in a hotel if the room is, at the time it is rented, designated and specifically set aside as a room in which smoking is permitted;

(e) a person who is smoking cannabis in a public place if the smoking is permitted under a special occasion permit issued under section 23 of the Cannabis Products Act; or

(f) a public place that is exempted from the application of subsection (1) by regulation.

Use of tobacco products may be prohibited

(3) The Minister may, by regulation, prohibit or restrict the use of tobacco products in a public place. SNWT 2024,c.9,s.28(3).

Municipal bylaws

A municipal council may make a bylaw governing smoking if the bylaw is more restrictive in respect of the places where a person may smoke than the prohibition set out in subsection 3(1).

Definitions

(1) In this section,

"bylaw" means a bylaw made by a local authority; (règlement administratif)

"local authority" means

(a) a municipal council, or

(b) an authority that

(i) the Minister recognizes under subsection (2) as representative of a community other than a municipality, and

(ii) has the authority to make bylaws governing smoking. (autorité locale)

Recognized authority

(2) For the purposes of this section, the Minister may recognize an authority as representative of a community other than a municipality.

More restrictive provision prevails

(3) If a provision of another Act, a regulation or a bylaw is more restrictive in respect of smoking than the prohibition set out in subsection 3(1), the more restrictive provision prevails.

Manager shall request person to stop smoking

(1) Subject to subsection (2), if a person contravenes subsection 3(1) in a public place, the manager shall

(a) request the person to immediately stop smoking;

(b) in respect of a burning substance or product, request the person to immediately extinguish the substance or product;

(c) in respect of an activated electronic cigarette or other device containing a substance or product that may be inhaled or exhaled, request the person to immediately deactivate the electronic cigarette or other device; and

(d) inform the person that he or she is committing an offence.

Other action may be taken

(2) If the manager considers that taking an action referred to in paragraphs (1)(a) to (d) would be unsafe in the circumstances, the manager may instead take such other action as the manager considers reasonable.

SIGNS

Definition: "consumer"

(1) In this section, "consumer" includes a consumer as defined in section 1 of the Tobacco and Vapour Products Control Act.

Minister may provide signs

(2) For the purposes of this section, the Minister may approve and provide signs respecting

(a) tobacco products, including signs respecting the health risks associated with using tobacco products;

(b) vapour products, including signs respecting the health risks associated with using vapour products;

(d) prescribed substances or products, including signs respecting the health risks associated with using prescribed substances or products; and

(e) the health risks associated with smoking in general.

Display of signs by retailer

(3) Every retailer shall display in the retailer’s place of business, in the prescribed manner, any sign provided by the Minister respecting tobacco products, vapour products, prescribed substances or products or the health risks associated with smoking in general.

Display of signs by vendor

(4) Every vendor shall display in the cannabis store that the vendor operates, in the prescribed manner, any sign provided by the Minister respecting cannabis or the health risks associated with smoking in general.

Minister may display signs

(5) The Minister may, at any reasonable time, display signs respecting tobacco products, vapour products, cannabis, prescribed substances or products or the health risks associated with smoking in general in any

(a) cannabis store; or

(b) place in which tobacco products, vapour products, accessories or prescribed substances or products are sold.

Minister may provide signs

(1) For the purposes of this section, the Minister may approve and provide signs for the purpose of notifying the public that smoking is prohibited or restricted in a public place.

Display of signs by manager

(2) Every manager of a public place shall display in the public place, in the prescribed manner, any sign provided by the Minister for the purpose of notifying the public that smoking is prohibited or restricted in the public place.

Minister may display signs

(3) The Minister may, at any reasonable time, display signs in any public place for the purpose of notifying the public that smoking is prohibited or restricted in the public place.

Removal, alteration of sign prohibited

No person shall remove, cover, mutilate, deface or alter any sign that is required to be displayed under this Act or the regulations.

Unauthorized signs prohibited

10.

(1) No person shall, in any place in which tobacco products, vapour products, accessories, cannabis or prescribed substances or products are sold, display any sign respecting the health risks associated with using tobacco products, vapour products, cannabis or prescribed substances or products, or the health risks associated with smoking in general, unless the sign is approved or provided by the Minister or authorized under an Act of the Parliament of Canada.

For greater certainty

(2) For greater certainty, this section does not affect any obligation of a manufacturer or retailer at law or under an Act of the Parliament of Canada or of the legislature of a province or territory to warn consumers of the health risks associated with using tobacco products, vapour products, cannabis or prescribed substances or products.

ENFORCEMENT

Inspectors

11.

(1) The Minister may appoint inspectors for the purposes of this Act and the regulations.

Restricted appointments

(2) In an appointment made under subsection (1), the Minister may restrict

(a) the powers that may be exercised, the duties that may be performed or the matters that may be enforced by the inspector under this Act and the regulations; and

(b) the geographic jurisdiction of the inspector.

Inspectors by virtue of office

(3) The Minister may, by regulation, designate classes of persons who, by virtue of their offices, are inspectors for the purposes of this Act and the regulations, or for the purposes of specific matters under this Act or the regulations.

Identification

(4) When acting under the authority of this Act, an inspector shall carry identification in a form approved by the Minister, and shall present it on request to the owner or occupant of any place being inspected.

Power to enter and inspect

12.

(1) Subject to subsection (2), for the purpose of ensuring compliance with this Act and the regulations, an inspector may, at any reasonable time and without a warrant, enter and inspect any place in which the inspector believes on reasonable grounds there is anything to which this Act or the regulations applies, or anything relating to the administration of this Act or the regulations, including any

(a) cannabis store;

(b) place in which tobacco products, vapour products, accessories or prescribed substances or products are sold; or

Inspection of dwelling place

(2) An inspector may only enter a dwelling place with the consent of the occupant or under the authority of a warrant issued under section 13.

Warrant to inspect dwelling place

13.

(1) If, on an ex parte application, a justice is satisfied by information on oath or affirmation that

(a) there is in a dwelling place anything to which this Act or the regulations applies or anything relating to the administration of this Act or the regulations,

(b) entry to the dwelling place is necessary for a purpose relating to the administration or enforcement of this Act or the regulations, and

(c) entry to the dwelling place has been refused or that there are reasonable grounds for believing that entry will be refused,

the justice may issue a warrant authorizing an inspector and any other named person to enter and inspect that dwelling place and exercise any power referred to in subsection 15(1), subject to any conditions that may be specified in the warrant.

Endorsement on warrant

(2) An endorsement that is made on a warrant as provided for in subsection (1) is sufficient authority to the inspector to whom it was originally directed, to any other inspector, and to any other named person, to execute the warrant.

Use of force limited

(3) In executing a warrant issued under subsection (1), an inspector may not use force unless the use of force has been specifically authorized in the warrant.

Power to stop motor vehicle

14.

(1) For the purpose of carrying out an inspection of a motor vehicle under paragraph 12(1)(c), an inspector may signal or otherwise direct the operator of the motor vehicle to stop and park the vehicle, or to move the vehicle to a location and stop and park the vehicle.

Signals to stop

(2) For the purposes of subsection (1), signals to stop include intermittent flashes of red or blue light, a hand signal, an audible request or a siren.

Duty to stop vehicle

(3) If an inspector signals or directs a person, under subsection (1), to stop and park a motor vehicle, or to move, stop and park a motor vehicle, the person shall comply with the signal or direction.

Permission to move vehicle

(4) A person who has stopped and parked a motor vehicle under subsection (3) or who has control of a motor vehicle that is being inspected under paragraph 12(1)(c) shall not move the vehicle until permitted to do so by an inspector.

Powers on inspection

15.

(1) In carrying out an inspection, an inspector may, in any place referred to in subsection 12(1), including a cannabis store, a place in which tobacco products, vapour products, accessories or prescribed substances or products are sold, a public place or a motor vehicle,

(a) order any person to establish his or her identity to the inspector’s satisfaction;

(b) examine anything to which this Act or the regulations may apply;

(d) open and examine any container or package to which this Act or the regulations may apply;

(e) require any person to produce for inspection, in the manner and form requested by the inspector, anything in the possession of the person to which this Act or the regulations may apply;

(f) require any person to produce a sample of any substance or product in the possession of the person to which this Act or the regulations may apply;

(g) examine any record, label or other document to which this Act or the regulations may apply, and make copies of them or take extracts from them;

(h) use or cause to be used any copying equipment at the place to make copies of any record, label or other document referred to in paragraph (g);

(i) take any record, label or other document referred to in paragraph (g) for examination or copying;

(j) take photographs and make recordings and sketches of anything to which this Act or the regulations may apply;

(k) order a person having possession of anything to which this Act or the regulations may apply, to open it, move it, or for any time that the inspector considers necessary, not to open or move it or to restrict its movement;

(l) order a person that conducts an activity to which this Act or the regulations may apply to stop or start the activity; and

(m) exercise other powers that may be prescribed.

Return of record or document

(2) Any examination or copying done under paragraph (1)(i) must be carried out as soon as is practicable, and the record, label or other document must be returned promptly to the person from whom it was taken.

Investigation

16.

An inspector may investigate any allegation that a contravention of this Act or the regulations has occurred.

Peace officer

17.

For the purposes of administering and enforcing this Act and the regulations, an inspector is a peace officer and has the powers and protections provided to a peace officer under the Criminal Code and the common law.

Duty to co-operate

18.

(1) If a public place, a motor vehicle or any other place to which this Act or the regulations apply is inspected by an inspector under this Act, the owner of the place or motor vehicle, the person in charge of the place, the operator of the motor vehicle and every person found in the place or motor vehicle shall

(a) produce for inspection anything requested by the inspector for the purpose of ensuring compliance with this Act or the regulations;

(b) give the inspector all reasonable assistance to enable the inspector to exercise powers and perform duties under this Act and the regulations; and

(c) provide the inspector with any information that the inspector may reasonably require for the purpose of ensuring compliance with this Act or the regulations.

Obstruction prohibited

(2) No person shall obstruct or hinder an inspector who is exercising powers or performing duties under this Act or the regulations.

False statement prohibited

(3) No person shall knowingly

(a) make a false or misleading statement to an inspector; or

(b) produce a false record or other thing to an inspector.

Request for assistance

19.

(1) If an inspector is obstructed in exercising powers or performing duties under this Act or the regulations, or requires the expertise of another person in order to exercise such powers or perform such duties, the inspector may request another person whom the inspector considers appropriate to assist him or her in exercising those powers or performing those duties.

Protections

(2) The protections afforded under this Act to an inspector extend to another person while and to the extent that the person is in the course of assisting the inspector under the inspector’s direction.

Limitation of liability

20.

An inspector or any other person having powers or duties under this Act or the regulations is not liable for anything done or not done by him or her in good faith in the exercise of those powers or the performance of those duties.

OFFENCE AND PENALTY

Offence

21.

Every person who contravenes a provision of this Act or the regulations for which no penalty is specified is guilty of an offence punishable on summary conviction and is liable

(a) for a first offence, to a fine not exceeding $500; and

(b) for each subsequent offence, to a fine not exceeding $1,000.

Contravention: certain provisions

22.

Every person who contravenes subsection 7(3) or (4) or 8(2), section 9 or subsection 10(1) is guilty of an offence punishable on summary conviction and is liable

(a) for a first offence, to a fine not exceeding $2,000; and

(b) for each subsequent offence, to a fine not exceeding $5,000.

Contravention: subsection 18(2) or (3)

23.

Every person who contravenes subsection 18(2) or (3) is guilty of an offence punishable on summary conviction and is liable

(a) for a first offence, to a fine not exceeding $2,000; and

(b) for each subsequent offence, to a fine not exceeding $5,000.

Evidence of previous conviction

24.

(1) A certificate of a previous conviction purporting to be under the hand of the convicting justice or a registrar or clerk of the convicting court is admissible in evidence in a prosecution under this Act or the regulations and, in the absence of evidence to the contrary, is proof of the facts contained in the certificate without proof of the signature or official character of the person appearing to have signed the certificate.

Sequence of convictions

(2) In establishing the number of times a person has been convicted of an offence for the purposes of sections 21 to 23, the only question to be considered is the sequence of convictions, and no consideration shall be given to the sequence of commission of the offences or to whether an offence occurred before or after a conviction.

Description of offence: smoking

25.

In describing an offence respecting smoking as prohibited under subsection 3(1), it is not necessary to specify the type, brand or name of the substance or product used in the offence.

Testimony of witness

26.

In a prosecution under this Act or the regulations respecting smoking as prohibited under subsection 3(1), it is not necessary that a witness testify to the precise description, type, brand or name of the substance or product smoked.

Proof of age

27.

In a prosecution under this Act respecting smoking in a motor vehicle while another person who is a minor is present in the motor vehicle as prohibited by paragraph 3(1)(b), a court may find evidence that the person enforcing that paragraph honestly and reasonably believed another person to be less than 19 years of age to be sufficient proof of the other person’s age.

REPORT TO

LEGISLATIVE ASSEMBLY

Report to Legislative Assembly

28.

The Minister shall table a report to the Legislative Assembly in respect of the implementation of this Act

(a) within three years after the coming into force of this section; and

(b) at least every five years after the tabling of the initial report under paragraph (a).

REGULATIONS

Regulations

29.

The Minister may make regulations

(a) defining, enlarging or restricting any word or expression used in this Act that is not defined in this Act;

(b) designating facilities or classes of facilities as "continuing care facilities" for the purposes of this Act;

(c) providing for additional vehicles that are motor vehicles, or vehicles that are not motor vehicles, for the purposes of the definition "motor vehicle" in section 1;

(d) prescribing all or any part of a place specifically or by class, for the purposes of paragraph (c) of the definition "public place" in section 1;

(e) exempting public places from the application of subsection 3(1), specifically or by class;

(f) prescribing requirements for rooms in continuing care facilities for the purposes of paragraph 3(2)(c); prescribing all or any part of a public place, specifically or by class, as a place in which the use of tobacco products is prohibited or restricted, and providing for exemptions from the prohibition or restriction; respecting actions that a manager of a public place is required to take in response to a person who contravenes a prohibition or restriction in respect of the use of tobacco products in the public place; respecting signs for notifying the public that the use of tobacco products is prohibited or restricted in a public place, including the approval, provision and display of such signs; providing for how an offence respecting the use of tobacco products may be described, and how elements of an offence respecting the use of such products may be proved, in a prosecution; prohibiting or restricting smoking in public places; prescribing substances or products for the purposes of this Act or any provision of this Act; respecting signs referred to in sections 7 and 8, including the approval, provision and display of such signs; respecting the powers and duties of inspectors; designating classes of persons who, by virtue of their offices, are inspectors for the purposes of this Act and the regulations, or for the purposes of specific matters under this Act or the regulations, and restricting the geographic jurisdiction of inspectors; prescribing any other matter or thing that is required or authorized by this Act to be prescribed; and respecting any other matter the Minister considers necessary or advisable for carrying out the purposes and provisions of this Act.

CONSEQUENTIAL AMENDMENT

Cannabis Products Act

30.

Section 34 of the Cannabis Products Act is amended by striking out "Cannabis Smoking Control Act" and substituting "Smoking Control and Reduction Act".

REPEAL

Cannabis Smoking Control Act

31.

The Cannabis Smoking Control Act, S.N.W.T. 2018, c.6, is repealed.

COMMENCEMENT

Coming into force

32.

This Act or any provision of this Act comes into force on a day or days to be fixed by order of the Commissioner.