Tobacco Access Regulations
made under Section 13 of the
Tobacco Access Act
S.N.S. 1993, c. 14
O.I.C. 96-29 (effective January 16, 1996), N.S. Reg. 9/1996
amended to O.I.C. 2020-149 (effective September 1, 2020), N.S. Reg. 75/2020
Table of Contents
Please note: this table of contents is provided for convenience of reference and does not form part of the regulations.
Click here to go to the text of the regulations.
Citation
Definitions
Application
Designated establishments prohibited from selling tobacco
Health warning and point of purchase signs
Storing tobacco and tobacco products
Tobacconists’ displays of tobacco and advertising
Electronic cigarette specialty shop’s display and advertising
Display of magazine or other publication
Signs listing types of tobacco for sale
Inspection
Proof of age
Exemptions for flavoured tobacco
Maximum nicotine concentration
Schedule A: Health Warning and Point of Purchase Signs
Sign 1—Tobacconist Door Decal
Sign 2—Electronic Cigarette Door Decal
Sign 3—Point of Purchase Sign for Other Vendors
Sign 4—Tobacco Pricing Signage
Schedule “B” [repealed]
Schedule “C” [repealed]
Schedule “D” [repealed]
Schedule “E” [repealed]
Schedule “F” [repealed]
Citation
1 These regulations may be cited as the Tobacco Access Regulations.
Definitions
1A (1) In these regulations, unless the context otherwise requires,
“Act” means the Tobacco Access Act;
“electronic cigarette products” include[s] battery chargers for electronic cigarettes
and cigarette products and specialty electronic cigarette publications;
“electronic cigarette specialty store” means a vendor who manufactures, blends,
sells or distributes any of the following items only at their vending premises:
(i) electronic cigarettes,
(ii) electronic cigarette products;
“opaque” means, with respect to material used to conceal tobacco and tobacco
products, impenetrable enough to sight so that the tobacco and tobacco products
are not visible to the public;
“prohibited period” is the period of time, upon conviction of an offence under the
Act, a vendor or a successor to the vendor, or an employee of the vendor or the
successor is prohibited from selling tobacco from the premises at which a
conviction took place or on the premises to which the business is moved;
“tobacconist” means
(i) a vendor who manufactures, blends, sells or distributes any of the
following items only at their vending premises:
(A) tobacco, other than electronic cigarettes,
(B) tobacco products, other than electronic cigarette products, or
(ii) a vendor described in subclause (i) who also sells tickets for a
licensed lottery scheme within the meaning of the Gaming Control
Act.
(2) In the Act and these regulations,
“cigarette papers” means papers that may be used for hand rolling tobacco
cigarettes whether or not they or their packaging is marked as being for that
purpose;
“e-liquid” includes nicotine salts;
“establishment” includes an outdoor area or a temporary or moveable location;
“test purchases” as referred to in clause 10(a) of the Act includes purchases made
using an agent under 19 years old, with the consent of the agent’s parent or
guardian, to test a vendor’s compliance with the Act or these regulations;
“tobacco product” is further defined as including all of the following:
(i) devices for rolling cigarettes,
(ii) cigarette or tobacco carrying or storage cases,
(iii) pipe loaders,
(iv) cigar cutters,
(v) specialty tobacco publications,
(vi) lighters and matches that display or depict logos, trademarks or
colours of tobacco manufacturers,
(v) electronic cigarette products;
“vendor”, for greater certainty, includes a person who sells electronic cigarettes to a
consumer at retail sale or for the purpose of resale.
Application
2 This Act and these regulations do not affect any Municipality’s authority to enact
legislation to restrict access to tobacco and tobacco products or to protect individuals
from inducements to use tobacco or tobacco products.
Designated establishments prohibited from selling tobacco
2A The following are designated establishments for the purpose of clause 9B(c) of the Act:
(a) a recreational facility where the primary activity is physical recreation,
including all of the following facilities:
(i) a bowling alley,
(ii) a fitness centre,
(iii) a gymnasium,
(iv) a pool,
(v) a rink;
(b) a community college or university;
(c) a library, art gallery or museum;
(d) a cinema or theatre;
(e) an amusement park, a video arcade or pool hall;
(f) a gaming premises, as defined in the Gaming Control Act;
(g) an office of any of the following or of an agency of any of the following:
(i) the Government of Nova Scotia,
(ii) a municipality, as defined in the Municipal Government Act,
(iii) a village, as defined in the Municipal Government Act,
(iv) a school board, as defined in the Education Act;
(h) a multi-service centre, community centre or hall, arena, fire hall or church
hall;
(i) any of the following care facilities:
(i) a facility as defined in the Hospitals Act,
(ii) a nursing home or residential care facility licensed under the Homes
for Special Care Act,
(iii) a home for aged or disabled persons to which the Homes for Special
Care Act applies,
(iv) a part of a health-care facility used for the acute or long-term care of
veterans;
(j) a restaurant, lounge or beverage room, as defined in the Smoke-free Places
Regulations, or any other place licensed to serve alcoholic beverages;
(k) an outdoor area or a moveable or temporary location.
Health warning and point of purchase signs
3 (1) Health warning and point of purchase signs required by subsection 9(1) of the Act
must meet the following specifications and be displayed in accordance with the
following table:
Type of vendor
|
Sign to be displayed
|
Display requirements
|
tobacconist
|
tobacconist door decal
containing the text set forth
in Sign 1 of Schedule A and
measuring 23 cm wide by 18
cm high
|
• must be visible to a person
approaching the vendor’s
premises
• must be placed immediately
above or in close proximity to
each entrance door handle, or if
the entrance door does not have
a handle then in the middle of
the door
• must be unobstructed
• if the door is not visible
when the premises are open,
must be placed within 1 metre
of each entrance, unobstructed
and clearly visible to those
entering the premises
|
electronic
cigarette specialty
store
|
electronic cigarette door
decal containing the text set
forth in Sign 2 of Schedule A
and measuring 23 cm wide
by 18 cm high
|
same as for tobacconist door
decal
|
vendor other than
tobacconist or
electronic
cigarette specialty
store
|
Tobacco Access Act point
of purchase identification
sign containing the text set
forth in Sign 3 of Schedule A
and measuring 25 cm wide
by 49 cm high
|
• must be displayed in close
proximity to each cash register
where tobacco may be sold so
as to be clearly visible to the
purchaser and the employee at
the point of purchase, with the
bottom of the sign no higher
than 2 m from floor level
|
(2) Compliance with subsection 3(1) requires the use of signs available from the
Department of Health Promotion and Protection. Vendors are required to pay the
applicable fees that may be set by the Minister from time to time.
Storing tobacco and tobacco products
3A (1) A vendor, other than a tobacconist or electronic cigarette specialty shop, shall store
tobacco and tobacco products so that all of the following conditions are met:
(a) the tobacco and tobacco products are not visible to the public from outside
the vendor’s premises;
(b) the tobacco and tobacco products are stored at the point of purchase under
an opaque front counter, above the front counter in an opaque cabinet or
behind the front counter.
(2) If tobacco or tobacco products are stored behind the front counter in accordance
with clause (1)(b), all of the following conditions must be met:
(a) [repealed]
(b) the cabinet space used for storing tobacco or tobacco products must have a
permanent opaque concealing device that automatically closes without the
assistance of the vendor or an employee;
(c) a vendor or an employee shall not open the concealing device to show what
is available to the public;
(d) tobacco must be stored in such a manner that only the Health Canada
emissions panel is visible when the permanent concealing device is opened;
(e) tobacco or tobacco products must not be stored in such a manner that a
tobacco manufacturer’s colours, logos and any other product-identifying
symbols are visible to the public.
(3) Once a consumer has indicated to a vendor or an employee an intention to
purchase tobacco or tobacco products, they may view and examine only the
specific number of units requested of the products before purchasing.
(4) Despite the storage requirements of these regulations, it is not an offence under the
Act if a consumer is able to view tobacco, tobacco products or containers used for
storing or transporting tobacco or tobacco products in any of the following
circumstances:
(a) a vendor, an employee or a representative of a manufacturer of tobacco or
tobacco products is restocking tobacco or tobacco products;
(b) a vendor or an employee is conducting an inventory of tobacco or tobacco
products;
(c) a vendor or an employee is receiving a delivery of or unpacking tobacco or
tobacco products;
(d) a vendor is in the process of selling tobacco or tobacco products to a
consumer.
Tobacconists’ displays of tobacco and advertising
3B (1) A tobacconist may display tobacco or tobacco products that are visible to the
public from outside the tobacconist’s premises, but must not display any sign or
material promoting or advertising the sale of or otherwise respecting tobacco or
tobacco products, other than a door decal described in subsection 3(1) or a
magazine or other publication described in Section 3C.
(2) A tobacconist must store or display tobacco so that only the panel with the federal
Department of Health’s emissions health warning message is visible.
Electronic cigarette specialty shop’s display and advertising
3BA An electronic cigarette specialty shop may display electronic cigarettes or electronic
cigarette products that are visible to the public from outside the store’s premises but
must not display any sign or material advertising the sale of or otherwise respecting
electronic cigarettes or electronic cigarette products other than a door decal described in
subsection 3(1).
Display of magazine or other publication
3C (1) This Section does not apply to tobacconists and electronic cigarette specialty shops.
(2) For the purposes of subsection 9(2) of the Act, a vendor may display a magazine or
other publication that contains tobacco advertising only if all of the following
conditions are met:
(a) the magazine or publication must be displayed in such a way that the
tobacco advertisement is not visible to the public;
(b) the magazine or publication must meet any requirements set out in the
Tobacco Act (Canada) or regulations made under that Act.
Signs listing types of tobacco for sale
3D (1) This Section does not apply to tobacconists and electronic cigarette specialty shops.
(1A) A vendor may display signs listing the types of tobacco offered for sale and their
prices in accordance with the following conditions only:
(a) no more than 1 sign may be displayed at a till;
(b) no more than 3 signs may be posted in the vendor’s premises;
(c) a sign that is posted must be fixed to the counter or wall near a till;
(d) a sign may be kept under the counter and available for reference by a
cashier;
(e) a sign must not be readable from outside the vendor’s premises.
(2) A sign listing the types of tobacco for sale shall meet all of the following criteria:
(a) the maximum size for a sign is 968 square centimetres;
(b) a sign must be white with only black lettering;
(c) the maximum height for the lettering on a sign is 18 millimetres;
(d) the lettering size and style must be consistent and shall not contain italics,
bold type or underlining;
(e) the text on a sign shall not identify or reflect a brand of tobacco or any
element of a brand;
(f) the text on a sign may use only the following words, or an abbreviation or
an equivalent in another language, to describe the types of tobacco for sale:
(i) full price cigarettes,
(ii) mid price cigarettes,
(iii) budget price cigarettes,
(iv) smokeless tobacco,
(v) cigars,
(vi) loose tobacco by pouch or tub;
(g) the text on a sign must not contain any words, phrases or figures additional
to those set out in Sign 4 of Schedule A or instructed to be inserted on the
sign in Sign 4 of Schedule A, other than an abbreviation of them or an
equivalent in another language.
(3) A sign listing the types of tobacco for sale and their prices may be in the form set
out in Sign 4 of Schedule A.
Inspection
4 (1) For the purpose of the Act and these regulations, an enforcement officer may,
without a warrant, enter and inspect the premises of any vendor during the business
hours of that vendor with the exception of any part of the premises that is used
exclusively as a dwelling.
(2) An enforcement officer shall produce, on request, evidence of his or her
appointment.
(3) An enforcement officer conducting an inspection may
(a) question a person on matters relevant to the inspection;
(b) examine any record or other thing that is relevant to the inspection;
(c) remove any record or thing relevant to the inspection for evidence.
5 As a result of an inspection an enforcement officer may
(a) order the removal of any sign found to be in violation of the Act or these
regulations;
(b) seize any tobacco or tobacco product found in the retail premises during a
prohibited period;
(c) provide a verbal warning to the vendor if the vendor is found to be in
violation of the Act or these regulations; or
(d) impose a fine by way of summary offence ticket on the vendor for being in
violation of the Act or these regulations.
6 (1) Where a vendor is convicted of a violation of the Act or these regulations and is
prohibited from selling tobacco for a determined period of time, the Minister shall
inform wholesale distributors of tobacco and tobacco products in the province of
the violation.
(2) It is a violation of the Act for a wholesale distributor to sell or otherwise distribute
tobacco or tobacco products to the vendor during the prohibited period.
(3) A vendor other than a tobacconist or an electronic cigarette specialty shop shall
remove his or her stock of tobacco and tobacco products during the prohibited
period.
Proof of age
7 (1) Where a person appearing to be under the age of 19 years is required to provide
proof of age by a vendor or an employee of a vendor under Section 5 of the Act,
that person must present one of the following:
(a) for residents of Nova Scotia:
(i) a valid driver’s license issued by the Province of Nova Scotia
containing a photograph of the person to whom the license is issued;
(ii) a provincial photographic identification card issued by the Nova
Scotia Department of Transportation and Infrastructure Renewal;
(iii) a valid Canadian passport;
(iv) a Canadian citizenship card containing a photograph of the person to
whom the card is issued; or
(v) a Canadian Forces identification card;
(vi) [repealed]
(b) for out-of-province residents:
(i) a driver’s license issued by the place of residence of the resident
containing a photograph of the person to whom the license is issued,
(ii) a valid passport,
(iii) a Canadian citizenship card containing a photograph of the person to
whom the card is issued, or
(iv) a Canadian Forces identification card.
(2) A vendor shall refuse to sell tobacco to an individual if it appears that the
individual’s proof of identification has been altered.
Exemptions for flavoured tobacco
8 All of the following are exempt from the prohibition on the sale of flavoured tobacco in
clause 7(c) of the Act:
(a) cigars that meet all of the following criteria:
(i) they have a retail price of $4 or more per cigar,
(ii) they weigh 5 grams or more per cigar,
(iii) they have a scent or flavour generally attributed to wine, port, rum or
whisky but no other non-tobacco scent or flavour;
(b) [repealed]
(c) pipe tobacco that has a scent or flavour generally attributed to wine, port,
rum or whisky but no other non-tobacco scent or flavour.
Maximum nicotine concentration
9 A person must not sell or offer for sale an electronic cigarette with a concentration of
nicotine of greater than 20 mg/ml.
________________________________________________________________
Schedule A: Health Warning and Point of Purchase Signs
(subsection 9(1), Tobacco Access Act)
Sign 1—Tobacconist Door Decal
It is against the law to sell or give tobacco products to persons under 19.
TOBACCO RESTRICTED
by the
Nova Scotia Tobacco Access Act
Must be at least 19 years old to enter
Photo ID may be requested
Sign 2—Electronic Cigarette Door Decal
It is against the law to sell or give electronic cigarette products to persons under 19.
ELECTRONIC CIGARETTES RESTRICTED
by the
Nova Scotia Tobacco Access Act
Must be at least 19 years old to enter
Photo ID may be requested
Sign 3—Point of Purchase Sign for Other Vendors
It is against the law for this store to sell or
give tobacco products or electronic cigarettes to persons under 19.
Photo ID may be requested
Tobacco Restricted
Electronic Cigarettes Restricted
by the
Nova Scotia Tobacco Access Act
The only acceptable photo ID cards:
▼ Photo Driver’s License
▼ Photo ID issued by the Government of Nova Scotia
▼ Canadian Forces ID card
▼ Canadian Citizenship card
▼ Passport
Sign 4—Tobacco Pricing Signage
Tobacco Pricing
|
20s
|
25s
|
Carton
|
Cigarettes
|
|
full price
|
|
$(x)
|
$(x)
|
$(x)
|
mid price
|
|
$(x)
|
$(x)
|
$(x)
|
budget price
|
|
$(x)
|
$(x)
|
$(x)
|
Smokeless tobacco
|
$(x)
|
to
|
$(x)
|
|
|
Cigars
|
$(x)
|
to
|
$(x)
|
|
|
Loose tobacco
|
|
pouch
|
$(x)
|
to
|
$(x)
|
|
|
tub
|
$(x)
|
to
|
$(x)
|
|
|
TOBACCO KILLS [STATISTIC AS SUPPLIED BY THE DEPARTMENT OF HEALTH PROMOTION
AND PROTECTION] NOVA SCOTIANS EACH YEAR
BECAUSE TOBACCO IS AN ADDICTIVE DRUG, IT IS AGAINST THE LAW FOR THIS STORE TO
SELL OR GIVE TOBACCO OR TOBACCO PRODUCTS TO PERSONS UNDER 19. IF ANY DOUBT,
A PHOTO I.D. IS REQUIRED.
Notes: