Retailers face stiff penalties under new tobacco law

Cigarettes hidden in drawers or behind curtains at stores? A request for IDs from customers who want to buy smokes?

As of May 31, “World No-Tobacco Day,” and one month after Nunavut’s workplaces smoke-free date, smokers throughout the territory will have to think twice before buying cigarettes.

Nunavut’s Bill 33 or the Tobacco Control Act, which was adopted in November 2003, comes into full force at the end of this month, and the new law will reduce the sale of tobacco to minors by making it illegal to sell to anyone under 19.

At the cash register, customers who aren’t obviously over 19 will be asked to show an identification card before they can buy a pack of cigarettes.

Anyone under 19 who tries to buy cigarettes will be out of luck.

The law puts the onus of tobacco control on business owners and employees who will face stiff fines if they don’t comply.

“The act is considered to be one of the most progressive acts in Canada,” said Nunavut’s tobacco reduction specialist, Erin Levy.

To explain the law, Levy is sending out tobacco retailers kits to 500 businesses in Nunavut.

“Remember, it’s against the law to sell tobacco to people under 19,” counsels the kit.

The kits outline store policies and procedures for tobacco sales. It also includes training and testing materials for all staff who sell tobacco and even suggestions for monitoring employees.

“It makes them liable because they’ve received the information,” Levy said.

To qualify for a training certificate, cigarette retailers and staff should know the answer to questions such as:

“A woman who looks about 23 or 24 comes into the store with two small children. She asks for cigarettes. When you ask for ID, she says, ‘Don’t be silly, I’ve got two kids,’ what do you do?”

Employees must refuse the sale if the woman doesn’t provide acceptable ID proving she’s over 19.

“The idea is to cut down on youth smoking and supply,” Levy said.

Businesses are scurrying to comply because they will be liable for any employees who break the law and could face fines up to $100,000.

A tobacco dealer’s permit can be suspended or revoked if an employee is convicted of a prescribed number of tobacco sale offenses and they can also be fined.

Because the Tobacco Control Act is a territorial law, the RCMP will be enforcing the law.

The law will be updated, according to the chief medical officer’s report, and some municipalities may decide to be even more restrictive.

While Nunavummiut may feel the law is coming down on smokers all at once, Levy said implementation of the Tobacco Control Act was delayed since its adoption last November by the Feb. 16 territorial election.

The emphasis over the past months has been on education, although tobacco reduction has been a GN priority for the past five years. The health department produced gruesome, but effective, posters and public service announcements on the harm smoking causes, and beefed up its efforts to educate the public, publishing a multi-lingual pamphlet called “You’re Pregnant. It’s time to stop smoking” in English, Inuktitut, and French.

Since 2002, there’s been a tobacco reduction specialist and Youth Action Team on Tobacco to advise the health minister and the department on how to get the no-smoking message to youth. Recently, the group also worked on the production of three public service announcements called “Our breath is our life,” which are now broadcast regularly on northern networks.

Levy said she often fields inquiries from schools on what they can do. She commended Inuksuk High School in Iqaluit for starting a “BLAST” [Building Leadership for Action in School Today] team to reduce the number of smokers and number of cigarettes smoked per day at school.

During several activities during National Non-Smoking week in January, the team awarded “Quittin’ Bucks,” good for exchanges at the canteen for students and staff who had stayed smoke-free for a month.

The Iqaluit District Education Authority has since decided that there will be no smoking on the school grounds as of September, 2004.

Levy said she’s ready to receive any questions about the new law by e-mail at tobacco@gov.nu.ca or a call to the toll-free number 1-866-977-3845.