L-6.2 - Tobacco Control Act

Section 34 Disposition versions

2015-11-26

34. During an inspection, a person acting pursuant to section 33 may

(1)  verify whether any person is smoking in a place where smoking is prohibited under sections 2 to 2.2;

(2)  verify the layout of the place inspected to ascertain whether the places where smoking is permitted under sections 3 to 8.1 meet the requirements of sections 3 to 8.1 or of the regulations made under section 12, and for that purpose take air or other samples;

(2.1)  verify the layout of the place where tobacco is sold to ascertain that the place meets the requirements set out in sections 14.1, 15 and 20.2;

(3)  examine any tobacco found in the place inspected and any thing used in the manufacture, storage, packaging, labelling, promotion, sale or testing of tobacco;

(4)  open or cause to be opened, for examination, any container or package found in the place inspected that the person believes, on reasonable grounds, to contain tobacco;

(5)  collect or cause to be collected, free of charge, samples of tobacco or other substances;

(6)  conduct any test or analysis or take any measurements;

(7)  require, for inspection, copying or the taking of extracts, the production of any book, account, register, record or document, where the person believes on reasonable grounds that it contains information relating to the application of this Act or the regulations;

(8)  verify whether the notices and signs referred to in sections 10 and 20.4 meet the requirements of section 10, Division III of Chapter III and the regulations made under paragraph 3 of section 12 and section 20.7;

(9)  verify whether the display of specialized publications about tobacco or about accessories that may be used for tobacco smoking meets the requirements of the regulations made under section 25;

(9.1)  verify whether the display of tobacco in specialty tobacco retail outlets, cigar rooms and duty free shops meets the requirements of section 20.3 and the regulations made under section 25;

(10)  (paragraph repealed);

(10.1)  take photographs of the place inspected and of the equipment, property and products found there;

(11)  conduct tests to ascertain compliance with sections 14.1 to 14.4 and 19, subparagraph 2 of the first paragraph of section 21 and section 29.2 in a tobacco retail outlet and with sections 13, 16 to 18 and subparagraphs 1 and 3 of the first paragraph of section 21 in any place to which those provisions apply;

(12)  require any person present in a tobacco retail outlet or leaving an outlet to provide proof of age by producing the identification referred to in the second paragraph of section 13.1.

Before requiring proof of age from a person referred to in subparagraph 12 of the first paragraph, an inspector must be reasonably convinced that the person purchased a tobacco product.

1998, c. 33, s. 34; 2005, c. 29, s. 35; 2015, c. 28, s. 34.

2008-05-31

34. During an inspection, a person acting pursuant to section 33 may

(1)  verify whether any person is smoking in a place where smoking is prohibited under sections 2 to 2.2;

(2)  verify the layout of the place inspected to ascertain whether the places where smoking is permitted under sections 3 to 8.1 meet the requirements of sections 3 to 8.1 or of the regulations made under section 12, and for that purpose take air or other samples;

(2.1)  verify the layout of the place where tobacco is sold to ascertain that the place meets the requirements set out in sections 14.1, 15 and 20.2;

(3)  examine any tobacco found in the place inspected and any thing used in the manufacture, storage, packaging, labelling, promotion, sale or testing of tobacco;

(4)  open or cause to be opened, for examination, any container or package found in the place inspected that the person believes, on reasonable grounds, to contain tobacco;

(5)  collect or cause to be collected, free of charge, samples of tobacco or other substances;

(6)  conduct any test or analysis or take any measurements;

(7)  require, for inspection, copying or the taking of extracts, the production of any book, account, register, record or document, where the person believes on reasonable grounds that it contains information relating to the application of this Act or the regulations;

(8)  verify whether the notices and signs referred to in sections 10 and 20.4 meet the requirements of section 10, Division III of Chapter III and the regulations made under paragraph 3 of section 12 and section 20.7;

(9)  verify whether the display of specialized publications about tobacco or about accessories that may be used for tobacco smoking meets the requirements of the regulations made under section 25;

(9.1)  verify whether the display of tobacco in specialty tobacco retail outlets, cigar rooms and duty free shops meets the requirements of section 20.3 and the regulations made under section 25;

(10)  (paragraph repealed);

(10.1)  take photographs of the place inspected and of the equipment, property and products found there;

(11)  conduct tests to ascertain compliance with sections 13, 14.1 to 14.3 and 16 to 19.

1998, c. 33, s. 34; 2005, c. 29, s. 35.

2006-05-31

34. During an inspection, a person acting pursuant to section 33 may

(1)  verify whether any person is smoking in a place where smoking is prohibited under sections 2 to 2.2;

(2)  verify the layout of the place inspected to ascertain whether the places where smoking is permitted under sections 3 to 8.1 meet the requirements of sections 3 to 8.1 or of the regulations made under section 12, and for that purpose take air or other samples;

(2.1)  verify the layout of the place where tobacco is sold to ascertain that the place meets the requirements set out in sections 14.1, 15 and 20.2;

(3)  examine any tobacco found in the place inspected and any thing used in the manufacture, storage, packaging, labelling, promotion, sale or testing of tobacco;

(4)  open or cause to be opened, for examination, any container or package found in the place inspected that the person believes, on reasonable grounds, to contain tobacco;

(5)  collect or cause to be collected, free of charge, samples of tobacco or other substances;

(6)  conduct any test or analysis or take any measurements;

(7)  require, for inspection, copying or the taking of extracts, the production of any book, account, register, record or document, where the person believes on reasonable grounds that it contains information relating to the application of this Act or the regulations;

(8)  verify whether the notices and signs referred to in sections 10 and 20.4 meet the requirements of section 10, Division III of Chapter III and the regulations made under paragraph 3 of section 12 and section 20.7;

(9)  verify whether the display of specialized publications about tobacco or about accessories that may be used for tobacco smoking meets the requirements of the regulations made under section 25;

In force: 2008-05-31

(9.1)  verify whether the display of tobacco in specialty tobacco retail outlets, cigar rooms and duty free shops meets the requirements of section 20.3 and the regulations made under section 25;

(10)  (paragraph repealed);

(10.1)  take photographs of the place inspected and of the equipment, property and products found there;

(11)  conduct tests to ascertain compliance with sections 13, 14.1 to 14.3 and 16 to 19.

1998, c. 33, s. 34; 2005, c. 29, s. 35.

1998-11-01

34. During an inspection, a person acting pursuant to section 33 may

(1)  verify whether any person is smoking in a place where smoking is prohibited under section 2;

(2)  verify the layout of the place inspected to ascertain whether the places where smoking is permitted under sections 3 to 8 meet the requirements of sections 3 to 8 or of the regulations made under section 12, and for that purpose take air or other samples;

(3)  examine any tobacco found in the place inspected and any thing used in the manufacture, storage, packaging, labelling, promotion, sale or testing of tobacco;

(4)  open or cause to be opened, for examination, any container or package found in the place inspected that the person believes, on reasonable grounds, to contain tobacco;

(5)  collect or cause to be collected, free of charge, samples of tobacco or other substances;

(6)  conduct any test or analysis or take any measurements;

(7)  require, for inspection, copying or the taking of extracts, the production of any book, account, register, record or document, where the person believes on reasonable grounds that it contains information relating to the application of this Act or the regulations;

(8)  verify whether the notices referred to in sections 10 and 15 meet the requirements of those sections or of the regulations made under subparagraph 3 of the second paragraph of section 12;

(9)  verify whether the display of tobacco products and specialized publications on tobacco and consumer products associated with tobacco, whatever the medium, meets the requirements of section 15 and the regulations made under section 25;

(10)  verify whether the placement of tobacco vending machines meets the requirements of section 16 and the regulations made under section 25;

(11)  conduct tests to ascertain compliance with sections 13 and 16 to 20.

1998, c. 33, s. 34.