The Minors Intoxicating Substances Control Act

The Minors Intoxicating Substances Control Act, C.C.S.M. c. M197 (Assented to July 27, 1993) bilingual version (HTML) Table of Contents Section 1 Purpose 2 Definitions 3 Prohibitions 4 Evidence of nature of substance 5 Proof by analysis 6 Offence and penalty 7 Offence and penalty — minor 8 Defence of accused 9 Regulations 10 Repeal 11 C.C.S.M. reference 12 Coming into force HER MAJESTY, by and with the advice and consent of the Legislative Assembly of Manitoba, enacts as follows: Purpose 1 The purpose of this Act is to promote the health and social well being of children and young people by protecting them from the availability of certain products whose effects, when used as an intoxicant, are harmful to health and social development. Definitions 2 In this Act, "intoxicating substance" means (a) glues, adhesives, cements, cleaning solvents, thinning agents and dyes containing toluene or acetone, (b) petroleum distillates or products containing petroleum distillates including naphtha, mineral spirits, Stoddard solvent, kerosene, gasoline, mineral seal oil and other related distillates of petroleum, (c) fingernail or other polish removers containing acetone, aliphatic acetates or methyl ethyl ketone, (d) any substance that is required, under the Hazardous Products Act (Canada) or the regulations to that Act, to bear the label "Vapour Harmful", "Vapour Very Harmful" or "Vapour Extremely Harmful", (e) aerosol disinfectants and other aerosol products containing ethyl alcohol, and (f) any other product or substance that is prescribed by regulation as an intoxicating substance for the purposes of this Act; (« substance intoxicante ») "minister" means the member of the Executive Council charged by the Lieutenant Governor in Council with the administration of this Act. (« ministre ») Prohibition on sales etc. to minors 3(1) No person shall give, sell, offer to sell or deliver possession of an intoxicating substance to a person who is under 18 years of age where there is a reasonable basis to believe that the person will use the substance, or cause or permit the substance to be used, as an intoxicant. Prohibition on consumption 3(2) No person who is under 18 years of age shall inhale, ingest or otherwise consume an intoxicating substance. Exception 3(3) This section does not apply where the intoxicating substance is given, sold or delivered to a person who is under 18 years of age, or used by such a person, pursuant to the written direction or prescription of a duly qualified medical practitioner or dentist. Evidence of nature of substance 4 Information or wording appearing (a) on the labels attached to the bottles, packages, tins, tubes or other containers in which an intoxicating substance is sold, displayed or delivered; (b) in any printed or written descriptive material displayed with or accompanying an intoxicating substance when sold or offered for sale; or (c) in any advertising material respecting an intoxicating substance published or distributed by the maker or a seller of the intoxicating substance; is, in the absence of evidence to the contrary, proof of the nature of the substance. Proof by analysis 5 In a prosecution or proceeding under this Act, a certificate of analysis furnished by an analyst authorized by the minister for the purpose is, in the absence of evidence to the contrary, proof of the facts stated in the certificate and of the authority of the person giving it, without further proof of the person's appointment or signature. Offence and penalty 6 A person who is 18 years of age or older and who contravenes subsection 3(1) is guilty of an offence and is liable on summary conviction (a) for a first offence, (i) in the case of an individual, to a fine of not more than $5,000. or imprisonment for a term of not more than six months, or both, and (ii) in the case of a corporation, to a fine of not more than $10,000.; (b) for a second or subsequent offence, (i) in the case of an individual, to a fine of not more than $10,000. and imprisonment for a term of at least seven days, and (ii) in the case of a corporation, to a fine of not more than $25,000. Offence, minor 7(1) A person who is under 18 years of age and who contravenes subsection 3(1) or 3(2) is guilty of an offence and is liable on summary conviction to the penalties described in subsection (2) or (3), as the case may be. Penalty for contravention of subsection 3(1) 7(2) A person who is under 18 years of age and who has been found guilty of contravening subsection 3(1) is liable to any sanction set out in section 42 of the Youth Criminal Justice Act (Canada) or any number of them that are not inconsistent with each other, but may not be sentenced to a term in custody of more than three months. Penalty for contravention of subsection 3(2) 7(3) A person who is under 18 years of age and who has been found guilty of contravening subsection 3(2) is liable to any sanction set out in section 42 of the Youth Criminal Justice Act (Canada) or any number of them that are not inconsistent with each other, but may not be sentenced to a term in custody. S.M. 2004, c. 42, s. 91 . Defence of accused 8 In a prosecution or proceeding with respect to a contravention of subsection 3(1), the accused has a defence if he or she can prove on a balance of probabilities that before the accused gave, sold, offered to sell or delivered possession of the intoxicating substance to the person, the accused took reasonable steps to ascertain (a) that the person was 18 years of age or older; and (b) that the person would not use the substance, or cause or permit the substance to be used, as an intoxicant. Regulations 9 The Lieutenant Governor in Council may make regulations (a) prescribing any product or substance as an intoxicating substance for the purposes of this Act; (b) extending or qualifying the descriptions of intoxicating substances in section 2; (c) respecting any matter that is considered necessary to carry out the purpose of this Act. Repeal 10 The Public Health Amendment Act , S.M. 1989-90, c. 62 and section 15 of The Statute Law Amendment Act , 1990-91, S.M. 1990-91, c. 12 are repealed. C.C.S.M. reference 11 This Act may be referred to as chapter M197 of the Continuing Consolidation of the Statutes of Manitoba . Coming into force 12 This Act comes into force on the day it receives royal assent.