PREVENTION OF YOUTH TOBACCO USE ACT

Chapter P‑22

Table of Contents

                1       Definitions

                2       Restrictions concerning tobacco products

                3       Offence

                4       Seizure and disposition of tobacco products

             4.1       Description of offence

             4.2       Testimony of witness and onus of proof

             4.3       Inference in respect of age

             4.4       Inference of tobacco product

             4.5       Certificate of analysis

                5       Application by regulation

             5.1       Regulations

                6       Coming into force

Preamble

WHEREAS the Legislature of Alberta has a responsibility to promote the health of young persons by restricting their access to tobacco products in light of the risks associated with the use of tobacco products; and

WHEREAS conclusive evidence implicates the use of tobacco products in the incidence of numerous debilitating and fatal diseases affecting the health of Albertans;

THEREFORE HER MAJESTY, by and with the advice and consent of the Legislative Assembly of Alberta, enacts as follows:

Definitions

1   In this Act,

                                 (a)    “peace officer” means a peace officer as defined in the Provincial Offences Procedure Act;

                                 (b)    “public place” means

                                           (i)    a place or building that is open to the public and includes any other place or building designated in the regulations as a public place, or

                                          (ii)    a vehicle that is in a place or building referred to in subclause (i);

                                 (c)    “tobacco product” means a product composed in whole or in part of tobacco, including tobacco leaves and any extract of tobacco leaves, but does not include any product for use in nicotine replacement therapy.

RSA 2000 cP‑22 s1;2004 c12 s2

Restrictions concerning tobacco products

2   No person under the age of 18 years may

                                 (a)    possess, or

                                 (b)    smoke or otherwise consume

tobacco products in a public place.

1999 cP‑14.7 s2

Offence

3   A person who contravenes section 2 is guilty of an offence and liable to a fine of not more than $100.

1999 cP‑14.7 s3

Seizure and disposition of tobacco products

4(1)  When a peace officer believes on reasonable and probable grounds that an offence is being committed under this Act, the peace officer may seize any tobacco products related to that offence.

(2)  When a conviction under this Act becomes final, any tobacco products in respect of which the offence was committed that were seized are, as part of the penalty for the conviction, forfeited to the Crown.

(3)  Items seized and forfeited to the Crown shall be disposed of or destroyed under the direction of the Minister of Justice and Attorney General.

(4)  When a person is not convicted of an offence under this Act, a justice may make an order concerning the disposition of any tobacco products seized in relation to that offence.

RSA 2000 cP‑22 s4;2004 c12 s3

Description of offence

4.1   In describing an offence respecting

                                 (a)    the possession of a tobacco product by a person under the age of 18 years, or

                                 (b)    the smoking or consuming of a tobacco product by a person under the age of 18 years

in a violation ticket, it is not necessary to specify the kind, brand or name of tobacco product used in the offence.

2004 c12 s4

Testimony of witness and onus of proof

4.2   In a prosecution under this Act for the possession, smoking or consuming of a tobacco product, it is not necessary that a witness testify to the precise description, kind, brand or name of the tobacco product possessed, smoked or consumed.

2004 c12 s4

Inference in respect of age

4.3   Where a peace officer requests a person to produce proof of age and

                                 (a)    the person refuses to produce identification, or

                                 (b)    the person produces identification and the peace officer believes the identification to be false or altered,

the justice trying the case may, in the absence of evidence to the contrary, infer that the person charged is under the age of 18 years.

2004 c12 s4

Inference of tobacco product

4.4   In a prosecution under this Act, the justice trying the case may, in the absence of evidence to the contrary, infer that the product possessed, smoked or consumed was a tobacco product from the fact that a witness describes it by a name that is commonly used to describe a tobacco product.

2004 c12 s4

Certificate of analysis

4.5(1)  The Minister may designate any person to act as an analyst with respect to any analysis or description of any tobacco product for the purposes of or in connection with this Act.

(2)  In every proceeding under this Act, a certificate of analysis furnished by an analyst designated under subsection (1) must be admitted in evidence as proof, in the absence of evidence to the contrary, of the facts stated in it and of the authority of the person furnishing the certificate without proof of the appointment or signature of the analyst.

2004 c12 s4

Application by regulation

5   This Act applies to those parts of Alberta prescribed by a regulation made by the Lieutenant Governor in Council.

1999 cP‑14.7 s5

Regulations

5.1   The Lieutenant Governor in Council may make regulations

                                 (a)    designating any place or building as a public place for the purposes of this Act;

                                 (b)    exempting persons or classes of persons from the application of any of the provisions of this Act, and respecting the terms and conditions to which such an exemption is subject.

2004 c12 s5

Coming into force

6   This Act comes into force on Proclamation.

1999 cP‑14.7 s6

(NOTE:   Proclaimed in force April 1, 2003.)