Tanning Beds Act
Her Majesty, by and with the advice and consent of the Legislative Assembly of New Brunswick, enacts as follows:
1 The following definitions apply in this Act.
“employee of an owner” includes any servant or agent of the owner. (employé du propriétaire)
“enforcement officer” means a person designated pursuant to this Act as an enforcement officer and includes a member of a municipal police force within the meaning of the Police Act and a member of the Royal Canadian Mounted Police.
“Minister” means the Minister of Health. (ministre)
“owner” means a person, firm, corporation or unincorporated body that owns or operates a tanning facility. (propriétaire)
“tanning equipment” means ultraviolet or other lamps intended to induce skin tanning through the irradiation of any part of the living human body with ultraviolet radiation and equipment containing such lamps, including ballasts, starters, acrylic shields, timers and airflow cooling systems. (appareil de bronzage)
“tanning facility” means any location, place, area, structure or business that provides customers access to tanning equipment in exchange for compensation. (salon de bronzage)
Designation of enforcement officers
2 The Minister may designate persons or classes of persons to act as enforcement officers for the purpose of this Act and the regulations.
Prohibition against selling services to underage persons
3(1) No owner or employee of an owner shall sell access to tanning equipment to a person under the age of 19 years.
3(2) An owner or employee of an owner who violates or fails to comply with subsection (1) commits an offence.
3(3) It is not a defence to a prosecution pursuant to subsection (1) for the owner or employee of an owner to show that the person under the age of 19 years appeared to be above that age.
3(4) An owner or an employee of an owner shall require a person appearing to the owner or employee to be under the age of 19 years to provide proof of age before selling access to tanning equipment to that person and shall carry out such procedures as may be prescribed by the regulations.
4(1) An owner shall display signs in such form and manner and disclosing such information relating to the sale of access to tanning equipment and the effect of tanning on health as may be prescribed by the regulations.
4(2) No person shall display or permit the display of any sign or material promoting or advertising the sale of access to or otherwise respecting the use of tanning equipment except as prescribed by the regulations.
5 For the purpose of enforcing this Act and the regulations, an enforcement officer may
(a) make test purchases of accessing the use of tanning equipment;
(b) investigate any complaint of a contravention of this Act or the regulations and examine an owner or employee of an owner to determine if a contravention has occurred;
(c) from time to time and at all reasonable times, enter upon a tanning facility’s premises if it is reasonably necessary to do so in order to determine whether this Act and the regulations are being complied with;
(d) do any other thing for the purpose of enforcing this Act and the regulations.
6 No action lies against a person by reason of that person reporting a contravention or alleged contravention of this Act or the regulations unless the reporting is done falsely and maliciously.
7 The Lieutenant-Governor in Council may make regulations
(a) prescribing any matter that this Act authorizes to be prescribed by the regulations;
(b) prescribing penalties for non-compliance with this Act;
(c) respecting any matter that the Lieutenant--Governor in Council deems necessary or advisable to carry out the intent and purpose of this Act.
8 This Act or any provision of it comes into force on a day or days to be fixed by proclamation.