HER MAJESTY, by and with the advice and consent of the Legislative Assembly of the Province of British Columbia, enacts as follows:

1 The title of the Tobacco Control Act, R.S.B.C. 1996, c. 451, is repealed and the following substituted:

TOBACCO AND VAPOUR PRODUCTS CONTROL ACT .

2 Section 1 is amended by adding the following definitions:

"activated e-cigarette" means an e-cigarette in which an e-substance is being vapourized;

"e-cigarette" means the following:

(a) a product or device, whether or not it resembles a cigarette, containing an electronic or battery-powered heating element capable of vapourizing an e-substance for inhalation or release into the air;

(b) a prescribed product or device similar in nature or use to a product or device described in paragraph (a);

"e-substance" means a solid, liquid or gas

(a) that, on being heated, produces a vapour for use in an e-cigarette, regardless of whether the solid, liquid or gas contains nicotine, and

(b) that is not a controlled substance within the meaning of the Controlled Drugs and Substances Act (Canada);

"vapour product" means the following:

(a) an e-cigarette;

(b) an e-substance;

(c) a cartridge for or a component of an e-cigarette.

3 Section 2 is amended

(a) in subsections (1), (2) and (4) by adding "or vapour products" after "tobacco" wherever it appears, and

(b) in subsection (3) by striking out "cigarettes" and substituting "tobacco products".

4 Section 2.1 (1) and (4) is amended by adding "or vapour products" after "tobacco".

5 Section 2.2 is amended

(a) by adding the following subsection:

(3.1) A person must not use an e-cigarette, or hold an activated e-cigarette, in or on school property. ,

(b) in subsection (4) by adding "or (3.1)" after "subsection (2)", and

(c) by repealing subsection (6) and substituting the following:

(6) Subsection (4) applies whether or not the person who

(a) smoked or used tobacco, or held lighted tobacco, or any other person, is charged with contravening subsection (2), or

(b) used an e-cigarette or held an activated e-cigarette, or any other person, is charged with contravening subsection (3.1).

6 The following section is added:

No tobacco or vapour product use
on health board property

2.21  (1) In this section:

"health board" means

(a) a regional health board designated under the Health Authorities Act, and

(b) the board or other governing body of a prescribed organization having as one of its purposes the delivery of health services;

"health board property" means the following that are, in whole or in part, owned or leased by, or operated under the authority of, a health board:

(a) real property and improvements;

(b) personal property.

(2) Subject to subsection (3), a person must not do any of the following in or on health board property:

(a) smoke or use tobacco, or hold lighted tobacco;

(b) use an e-cigarette, or hold an activated e-cigarette.

(3) Subsection (2) does not apply to the following:

(a) the ceremonial use of tobacco in or on health board property if the ceremonial use of tobacco is approved by the health board and it is performed

(i) in relation to a traditional aboriginal cultural activity, or

(ii) by a prescribed group for a prescribed purpose;

(b) the smoking, use or holding of tobacco, or the use or holding of an activated e-cigarette, in or on any area of health board property that is designated by the health board as an area in which a person may use tobacco or e-cigarettes.

7 Section 2.3 is amended

(a) in subsection (1) by striking out "or hold lighted tobacco," and substituting "hold lighted tobacco, use an e-cigarette, or hold an activated e-cigarette", and

(b) in subsection (6) by striking out "smoked tobacco, or held lighted tobacco," and substituting "smoked or held lighted tobacco or used or held an activated e-cigarette, as described in subsection (1),".

8 Section 2.4 is amended

(a) in subsection (1) (a) by adding "or vapour products" after "tobacco products",

(b) in subsection (1) (b) by adding "or vapour products" after "tobacco", and

(c) in subsection (2) by striking out "a person who retails tobacco" and substituting "the retail of tobacco".

9 The following section is added:

Exception for prescribed medical products

2.41  A person is exempt from the prohibitions set out in sections 2 to 2.4, other than section 2 (1), with respect to vapour products that are prescribed products or devices intended to be used for medical purposes, including to reduce nicotine dependence.

10 Section 3 (2) (a) is amended by striking out "tobacco is" and substituting "tobacco or vapour products are".

11 Section 5.1 is amended by adding "as it relates to tobacco" after "enforcing this Act".

12 Section 6.1 is amended

(a) in subsection (2) (b) by adding "or vapour products" after "tobacco" wherever it appears, and

(b) by adding the following subsection:

(2.1) For the purposes of subsection (2) (b), if the contravention that is the subject of the administrative penalty is in respect of

(a) tobacco only, a prohibition order made under that subsection may be made only in respect of tobacco, and

(b) vapour products only, a prohibition order made under that subsection may be made only in respect of vapour products.

13 Section 10.1 (a) is amended by adding "or vapour products, as applicable," after "tobacco".

14 Section 10.3 is repealed and the following substituted:

Removing tobacco or vapour products
from public display

10.3  A person must not display

(a) tobacco at a location to which a prohibition order, made under section 6.1 (2) (b) in respect of tobacco, applies, or

(b) vapour products at a location to which a prohibition order, made under section 6.1 (2) (b) in respect of vapour products, applies.

15 Section 11 is amended

(a) by repealing subsection (2) (a) and substituting the following:

(a) respecting the labelling and packaging, and the selling, distribution, offering, exposure, promotion and advertising, of tobacco and vapour products in British Columbia, including prohibiting the display of tobacco or vapour products and prohibiting forms of promotion or advertising of the use of tobacco or vapour products in British Columbia; ,

(b) in subsection (2) (b) by striking out "tobacco that is sold" and substituting "tobacco or vapour products that are sold",

(c) in subsection (2) (c), (d) and (h.2) (i) (A) by adding "or vapour products" after "tobacco",

(d) in subsection (2) (e) by striking out "tobacco at the time the tobacco is offered for sale or is sold" and substituting "tobacco or vapour products at the time the tobacco or vapour products are offered for sale or are sold",

(e) in subsection (2) (f) by striking out "minimum number of cigarettes" and substituting "minimum number or amount of tobacco products",

(f) in subsection (2) (h) by adding "or vapour product" after "tobacco",

(g) by repealing subsection (2) (h.2) (i) (B) and substituting the following:

(B) the emissions of tobacco or e-substances which arise or may arise from any use of tobacco or vapour products, and ,

(h) in subsection (2) (h.2) (i) (C) by striking out "to tobacco or the emissions of tobacco," and substituting "to tobacco or vapour products, or to the emissions of tobacco or e-substances,",

(i) in subsection (3) by striking out "sections 2.1 to 2.3," and substituting "sections 2.1 to 2.41,",

(j) in subsection (3) (c) by adding "or organizations" after "prescribing persons",

(k) in subsection (3) by adding the following paragraphs:

(e) prescribing purposes as contemplated under sections 2.2 (3) (b), 2.21 (3) (a) (ii) and 2.3 (2) (b);

(f) prescribing products or devices for the purposes of section 2.41. , and

(l) by adding the following subsections:

(5) Without limiting subsection (1), the Lieutenant Governor in Council may make regulations prescribing products or devices as e-cigarettes.

(6) A regulation made under subsection (3) (f) may adopt by reference, in whole or in part and with any changes the Lieutenant Governor in Council considers appropriate, a regulation, code, standard or rule

(a) enacted as or under a law of another jurisdiction, including a foreign jurisdiction, or

(b) set by a provincial, national or international body or any other body that may make codes, standards or rules.

(7) Unless otherwise stated, a code, standard or rule referred to in subsection (6) is adopted as amended from time to time.

16 Section 13 is amended by adding "or vapour products" after "tobacco".

 
Consequential and Related Amendments

Motor Vehicle Act

17 Section 231.1 of the Motor Vehicle Act, R.S.B.C. 1996, c. 318, is amended

(a) by repealing subsection (1) and substituting the following:

(1) In this section, "activated e-cigarette", "e-cigarette" and "tobacco" have the same meaning as in the Tobacco and Vapour Products Control Act. , and

(b) in subsection (2) by striking out "smoke tobacco, or hold lighted tobacco," and substituting "smoke tobacco, hold lighted tobacco, use an e-cigarette or hold an activated e-cigarette".

Tobacco Tax Act

18 Section 1 (1) of the Tobacco Tax Act, R.S.B.C. 1996, c. 452, is amended by repealing the definition of "tobacco" and substituting the following:

"tobacco" means,

(a) except in sections 6 (7) and 9 (1), tobacco and tobacco products in any form in which they may be consumed, by a consumer, and includes snuff and raw leaf tobacco, and

(b) in sections 6 (7) and 9 (1), tobacco within the meaning of the Tobacco and Vapour Products Control Act; .

19 Section 6 (7) is amended by striking out "to which a prohibition order under the Tobacco Control Act applies." and substituting "to which a prohibition order made in relation to tobacco under the Tobacco and Vapour Products Control Act applies."

20 Section 9 (1) is amended by striking out "On receiving a copy of a prohibition order under section 10.2 of the Tobacco Control Act," and substituting "On receiving, under section 10.2 of the Tobacco and Vapour Products Control Act, a copy of a prohibition order made in relation to tobacco,".

21 Section 13 (f) is amended by striking out "the Tobacco Control Act." and substituting "the Tobacco and Vapour Products Control Act."

Commencement

22  This Act comes into force by regulation of the Lieutenant Governor in Council.

 
Explanatory Notes

SECTION 1: [Tobacco Control Act, title] amends the title of the Act to reflect the expansion of the scope of the Act to include vapour products.

SECTION 2: [Tobacco Control Act, section 1] adds definitions of "activated e-cigarette", "e-cigarette", "e-substance" and "vapour product".

SECTION 3: [Tobacco Control Act, section 2]

• adds prohibitions with respect to the sale, distribution and advertisement of vapour products;
• prohibits the sale of tobacco products from opened packages and containers.

SECTION 4: [Tobacco Control Act, section 2.1] adds prohibitions with respect to the sale or distribution of vapour products in certain public places.

SECTION 5: [Tobacco Control Act, section 2.2] adds prohibitions with respect to the use and holding of vapour products on school property.

SECTION 6: [Tobacco Control Act, section 2.21] prohibits the use and holding of tobacco and vapour products on health board property, except in designated areas or the use of tobacco for approved ceremonial use.

SECTION 7: [Tobacco Control Act, section 2.3] adds prohibitions with respect to the use and holding of vapour products in public places and workplaces, and near the doorways, windows and air intakes of those places.

SECTION 8: [Tobacco Control Act, section 2.4]

• adds prohibitions with respect to the display, advertisement or promotion of vapour products in any manner prohibited by the regulations;
• clarifies that exemptions from the prohibitions under this section apply only in respect of the retail of tobacco.

SECTION 9: [Tobacco Control Act, section 2.41] exempts persons from the prohibitions relating to distributing, using and promoting vapour products if those products are prescribed medical products.

SECTION 10: [Tobacco Control Act, section 3] adds authority for enforcement officers to enter and inspect places where vapour products are offered for sale.

SECTION 11: [Tobacco Control Act, section 5.1] clarifies that the minister may enter into agreements to collect information obtained under the Tobacco Tax Act only to administer or enforce the Act as it relates to tobacco.

SECTION 12: [Tobacco Control Act, section 6.1]

• adds the authority to impose administrative penalties for contraventions of the Act, the regulations or an order of the administrator in respect of vapour products;
• limits the subject of a prohibition order to the subject of the contravention.

SECTION 13: [Tobacco Control Act, section 10.1] adds requirements to post signs in respect of prohibition orders made in respect of vapour products.

SECTION 14: [Tobacco Control Act, section 10.3] adds requirements to remove vapour products from display following a prohibition order made in respect of those products.

SECTION 15: [Tobacco Control Act, section 11]

• extends existing regulation-making authority to include regulations respecting vapour products;
• adds regulation-making powers to prescribe products and devices as e-cigarettes, and to prescribe or adopt by reference certain vapour products as exempted medical products.

SECTION 16: [Tobacco Control Act, section 13] adds authority for the Attorney General to apply for an injunction in respect of dealing in vapour products following a conviction under the Act.

SECTION 17: [Motor Vehicle Act, section 231.1] adds prohibitions against using e-cigarettes in a vehicle while minors are present.

SECTIONS 18 TO 21: [Tobacco Tax Act, sections 1, 6, 9 and 13] are consequential to the amendments made by this Bill to the title of the Tobacco Control Act and to section 6.1 of that Act.