The Tobacco and Smoking Act (R-009-2023), officially registered on May 10, 2023, along with its accompanying regulations, establishes a framework for regulating tobacco and smoking products in Nunavut. These regulations provide a set of guidelines covering various aspects of tobacco control.

Retailers are required to verify the age of purchasers using approved forms of identification, including government-issued IDs, passports, and enhanced driver’s licenses. For tobacco deliveries via Canada Post, acceptable proof of age includes any identification that complies with Canada Post’s policies.

Retailers must develop and implement written policies for training employees on age verification and the refusal of sales when proper identification is not provided. Employees must undergo testing and supervision to ensure compliance with these regulations, and records of training and testing must be maintained securely and made available for inspection.

Sales restrictions are also outlined in the regulations: cigarettes and small cigars cannot be sold in quantities fewer than 20, and vapour products are limited to a nicotine concentration of 20 mg/mL. The sale of products with communication features is prohibited, and all packaging must conform to the standards set by the Tobacco and Vaping Products Act.

Advertising and promotion of tobacco products are tightly regulated. Price lists must be clear and limited to essential details such as product name, brand, and price. Magazine advertisements for tobacco are permitted only if the ads are not visible to the public and comply with relevant laws. Additionally, advertising tobacco products is forbidden in bars, restaurants, and other public venues primarily dedicated to dining or entertainment.

The regulations enforce smoke-free zones, prohibiting smoking within nine meters of buildings and within five meters of patios at restaurants or bars. Smoking prohibition signs must be prominently displayed and meet specific size requirements. Designated smoking structures must be properly enclosed and ventilated to prevent smoke from entering other public or workplace areas.

Biannual inspections are mandated to ensure adherence to signage, advertising, and retail operation standards. Retailers are also required to submit periodic reports detailing their tobacco sales activities and any operational changes.

Exemptions are provided for traditional Indigenous practices and ceremonies, allowing for certain exceptions regarding the provision and use of tobacco products in these contexts.

Lastly, the regulations set personal possession limits for tobacco and vapour products, defining specific quantities for different types of products and accessories. They also outline the procedures for serving notices under the Act and repealing the previous Tobacco Control and Smoke-Free Places Regulations.

Nunavut (9/2023) May 2023