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ALBERTA REGULATION 149/2004

Prevention of Youth Tobacco Use Act

PREVENTION OF YOUTH TOBACCO USE REGULATION

Table of Contents

                1       Definition

                2       Application

                3       Designated public places

                4       Traditional use of tobacco by aboriginal persons

                5       Enforcement by a person under 18 years of age

                6       Sales clerk under the age of 18 years

                7       Repeal

                8       Expiry

                9       Coming into force

Definition

1   In this Regulation, “Act” means the Prevention of Youth Tobacco Use Act.

Application

2   The Act applies throughout Alberta.

Designated public places

3   The following are designated as public places for the purposes of the Act:

                                 (a)    a school building within the meaning of the School Act, including the related school grounds and parking lots;

                                 (b)    a place or building, whether publicly or privately owned, that is generally open to or for the benefit of the public;

                                 (c)    a highway within the meaning of the Traffic Safety Act.

Traditional use of tobacco by aboriginal persons

4(1)  The purpose of this section is to acknowledge the traditional use of a tobacco product that forms part of Aboriginal culture and spirituality.

(2)  Section 2 of the Act does not prohibit an Aboriginal person under the age of 18 years from possessing, smoking or otherwise consuming a tobacco product or holding a lighted tobacco product if the activity is carried out for traditional Aboriginal cultural or spiritual purposes.

(3)  Section 2 of the Act does not prohibit a non‑Aboriginal person under the age of 18 years from possessing, smoking or otherwise consuming a tobacco product or holding a lighted tobacco product if the activity is carried out with an Aboriginal person and for traditional Aboriginal cultural or spiritual purposes.

Enforcement by a person under 18 years of age

5   Despite section 2 of the Act, the possession of a tobacco product by a person under the age of 18 years for the purpose of enforcing, or ensuring compliance with, any enactment prohibiting or restricting the sale of tobacco products to persons under the age of 18 years is not prohibited if such possession is authorized by a person whose duty it is to enforce or to ensure compliance with the enactment.

Sales clerk under the age of 18 years

6(1)  To avoid any doubt, a sales clerk who is under the age of 18 years is not in contravention of section 2(a) of the Act when that sales clerk holds, gives, carries or otherwise handles a tobacco product while on duty and working in the capacity of a sales clerk.

(2)  Despite subsection (1), if a sales clerk who is under the age of 18 years smokes or otherwise consumes a tobacco product anywhere on the premises where he or she usually works, whether on duty or not, that sales clerk is in contravention of section 2(b) of the Act.

Repeal

7   The Prevention of Youth Tobacco Use Regulation (AR 13/2003) is repealed.

Expiry

8   For the purpose of ensuring that this Regulation is reviewed for ongoing relevancy and necessity, with the option that it may be repassed in its present or an amended form following a review, this Regulation expires on January 31, 2014.

Coming into force

9   This Regulation comes into force on the date on which the Prevention of Youth Tobacco Use Amendment Act, 2004 comes into force.