Government of New Brunswick

Rules-laws

The Tobacco and Electronic Cigarette Sales Act and its regulation regulate the sale of tobacco and vapour products and the licensing of electronic cigarette sales outlets The Smoke-Free Places Act dictates where smoking and vaping is prohibited. These two acts are under the authority of the Minister of Health.

On this page:

  • Tobacco and Electronic Cigarette Sales Act
  • Vaping Retailers
  • Smoke-Free Places Act

Tobacco and Electronic Cigarette Sales Act

The purpose of the Tobacco and Electronic Cigarette Sales Act is to protect the health of New Brunswickers, including young persons, by restricting access to tobacco and electronic cigarettes and enhancing public awareness of the hazards of tobacco use.  Over the years, the Act has been changed in order to help protect youth from the harmful effects of using tobacco and from nicotine addiction and to protect youth from products which are attractive to them and/or perceived as low health risks.

This Act includes the following restrictions related to the sale tobacco and vaping products:

  • The sale of tobacco and vaping products to people under 19 years of age is not allowed and these products must be hidden from sight.
  • No one under the age of 19 may enter a tobacconist or vapour shop unless accompanied by an adult.
  • Flavoured e-cigarettes, except for tobacco flavour, are not permitted to be sold.
  • Flavoured substances, except for tobacco flavour, meant to be added to e-cigarettes are not permitted to be sold.
  • the Act also prohibits the sale of flavoured tobacco, including menthol, in New Brunswick.
  • Outdoor advertisement by tobacconists and vapour shops is not permitted and promotional material inside these shops must not be seen from the outside.
  • Restrictions on promotional materials that previously applied to tobacco in other retail shops now also apply to vapour products and smoking supplies.
  • Any outlet selling electronic cigarettes and vapour products requires a licence. 

While the Department of Health oversees the administration of the Tobacco and Electronic Cigarette Sales Act, enforcement is the responsibility of the Department of Justice and Public Safety.

Retailers

All retailers that sell electronic cigarettes or vapour products require an Electronic Cigarette Sales Outlet Licence. Retailers that sell tobacco products are required to have a Tobacco Retailer’s Licence. Retailers that sell both products require both licences.

Click HERE to access information on Electronic Cigarette Sales Outlet Licensing including how to apply. Click HERE to access information on Tobacco Retailer’s Licensing and how to apply.

Smoke-Free Places Act

The purpose of the Smoke Free Places Act is to protect New Brunswickers from exposure to second-hand smoke and to ‘de-normalize’ tobacco and e-cigarette use. This legislation prohibits smoking and vaping in all enclosed public places, indoor workplaces, on school grounds and in vehicles with children under the age of 16. In addition to these rules, since July 1, 2015, smoking and vaping are also not permitted in many outdoor places.

Examples include:

  • On patios where food and/or alcohol is served and within 3 metres from the patio boundary.
  • 9 metres from doorways, windows and air intakes of public buildings.
  • On outdoor playgrounds and within 20 metres of their perimeters (examples: slides, swings, climbing structures, splash pads, wading pools, sand boxes).
  • On outdoor sports and recreational areas including spectator stands and within 20 metres of their perimeters (examples: tennis courts, baseball fields, soccer fields, swimming pools, beaches, skateboard parks, skating rinks).
  • On public walking trails and within 9 metres of the trail.
  • In provincial parks (except in designated smoking areas, golf courses and on an occupied campsite).

The use of electronic cigarettes is not permitted where smoking is not permitted.

 

The Smoke-Free Places Act is important because:

  • Far too many New Brunswickers smoke daily or occasionally and thousands of Canadians die each year as a result of smoking tobacco or exposure to secondhand smoke.
  • Tobacco use is a leading cause of preventable death.
  • It is our responsibility to create environments that support living healthy lives.
  • By reducing the visibility of tobacco and e-cigarette use, it helps to de-normalize these substances and helps to create a culture that is supportive of health in New Brunswick
  •  We want to help non-smokers and former smokers to stay smoke-free.

The General Regulation 91-50 under the Provincial Offences Procedures Act allows peace officers and inspectors to issue tickets for smoking and vaping in public places.

Information Line

Any individual or company wishing further information or to report a violation of the Smoke-free Places Act or the Tobacco and Electronic Cigarette Sales Act may call The Information Line toll-free number is 1-866-234-4234.

Acts and Regulations

Smoke-free Places Act

General Regulation – Smoke-free Places Act

Tobacco and Electronic Cigarette Sales Act

General Regulation – Tobacco and Electronic Cigarette Sales Act