Information required on packages
15. (1) No manufacturer or retailer shall sell a tobacco product unless the package containing it displays, in the prescribed form and manner, the information required by the regulations about the product and its emissions, and about the health hazards and health effects arising from the use of the product or from its emissions.
Information required on leaflet
(2) If required by the regulations, every manufacturer or retailer shall provide, in the prescribed form and manner, a leaflet that displays the information required by the regulations about a tobacco product and its emissions and about the health hazards and health effects arising from the use of the product and from its emissions.
Attribution
(3) The information referred to in subsections (1) and (2) may be attributed to a prescribed person or body if the attribution is made in the prescribed manner.
Existing obligations saved
16. This Part does not affect any obligation of a manufacturer or retailer at law or under an Act of Parliament or of a provincial legislature to warn consumers of the health hazards and health effects arising from the use of tobacco products or from their emissions.
(a) respecting the information that must appear on packages and in leaflets about tobacco products and their emissions and the health hazards and health effects arising from the use of the products and from their emissions;
(b) prescribing anything that by this Part is to be prescribed; and
(c) generally for carrying out the purposes of this Part.
Definition of “promotion”
18. (1) In this Part, “promotion” means a representation about a product or service by any means, whether directly or indirectly, including any communication of information about a product or service and its price and distribution, that is likely to influence and shape attitudes, beliefs and behaviours about the product or service. (a) a literary, dramatic, musical, cinematographic, scientific, educational or artistic work, production or performance that uses or depicts a tobacco product or tobacco product-related brand element, whatever the mode or form of its expression, if no consideration is given directly or indirectly for that use or depiction in the work, production or performance;
(b) a report, commentary or opinion in respect of a tobacco product or a brand of tobacco product if no consideration is given by a manufacturer or retailer, directly or indirectly, for the reference to the tobacco product or brand in that report, commentary or opinion; or
(c) a promotion by a tobacco grower or a manufacturer that is directed at tobacco growers, manufacturers, persons who distribute tobacco products or retailers but not, either directly or indirectly, at consumers.
Prohibition
19. No person shall promote a tobacco product or a tobacco product-related brand element except as authorized by this Act or the regulations.
False promotion
20. No person shall promote a tobacco product by any means, including by means of the packaging, that are false, misleading or deceptive or that are likely to create an erroneous impression about the characteristics, health effects or health hazards of the tobacco product or its emissions.
Testimonials or endorsements
21. (1) No person shall promote a tobacco product by means of a testimonial or an endorsement, however displayed or communicated.
Depiction of person
(2) For the purposes of subsection (1), the depiction of a person, character or animal, whether real or fictional, is considered to be a testimonial for, or an endorsement of, the product.
Exception
(3) This section does not apply to a trade-mark that appeared on a tobacco product for sale in Canada on December 2, 1996.
Advertising
22. (1) Subject to this section, no person shall promote a tobacco product by means of an advertisement that depicts, in whole or in part, a tobacco product, its package or a brand element of one or that evokes a tobacco product or a brand element.
Exception
(2) Subject to the regulations, a person may advertise a tobacco product by means of information advertising or brand-preference advertising that is in
(a) a publication that is provided by mail and addressed to an adult who is identified by name; or
(b) [Repealed, 2009, c. 27, s. 11]
(c) signs in a place where young persons are not permitted by law.
Lifestyle advertising
(3) Subsection (2) does not apply to lifestyle advertising or advertising that could be construed on reasonable grounds to be appealing to young persons.
Definitions
(4) The definitions in this subsection apply in this section.
“lifestyle advertising”
« publicité de style de vie »
“lifestyle advertising” means advertising that associates a product with, or evokes a positive or negative emotion about or image of, a way of life such as one that includes glamour, recreation, excitement, vitality, risk or daring.
1997, c. 13, s. 22; 2009, c. 27, s. 11.
Packaging
23. No person shall package a tobacco product in a manner that is contrary to this Act or the regulations.
Prohibition — sponsorship promotion
24. No person may display a tobacco product-related brand element or the name of a tobacco manufacturer in a promotion that is used, directly or indirectly, in the sponsorship of a person, entity, event, activity or permanent facility.
1997, c. 13, s. 24; 1998, c. 38, s. 1.
Prohibition — name of facility
25. No person may display a tobacco product-related brand element or the name of a tobacco manufacturer on a permanent facility, as part of the name of the facility or otherwise, if the tobacco product-related brand element or name is thereby associated with a sports or cultural event or activity.
1997, c. 13, s. 25; 1998, c. 38, s. 2.
Accessories
26. (1) Subject to the regulations, a manufacturer or retailer may sell an accessory that displays a tobacco product-related brand element.
Promotion
(2) No person shall promote an accessory that displays a tobacco product-related brand element except in the prescribed manner and form and in a publication or place described in paragraphs 22(2)(a) and (c).
1997, c. 13, s. 26; 2009, c. 27, s. 13.
(a) is associated with young persons or could be construed on reasonable grounds to be appealing to young persons; or
(b) is associated with a way of life such as one that includes glamour, recreation, excitement, vitality, risk or daring.
Exception — tobacco product
28. (1) Subject to the regulations, a person may sell a tobacco product, or advertise a tobacco product in accordance with section 22, if any of its brand elements is displayed on a non-tobacco product, other than an accessory, or used with a service, if the non-tobacco product or service does not fall within the criteria described in paragraphs 27(a) and (b).
Exception — non-tobacco product
(2) Subject to the regulations, a person may promote a non-tobacco product, other than an accessory, that displays a tobacco product-related brand element, or a service that uses a tobacco product-related brand element, to which section 27 does not apply.
(a) offer or provide any consideration, direct or indirect, for the purchase of a tobacco product, including a gift to a purchaser or a third party, bonus, premium, cash rebate or right to participate in a game, lottery or contest;
(b) furnish a tobacco product without monetary consideration or in consideration of the purchase of a product or service or the performance of a service; or
(c) furnish an accessory that bears a tobacco product-related brand element without monetary consideration or in consideration of the purchase of a product or service or the performance of a service.
Retail display of tobacco products
30. (1) Subject to the regulations, any person may display, at retail, a tobacco product or an accessory that displays a tobacco product-related brand element.
Signs
(2) A retailer of tobacco products may post, in accordance with the regulations, signs at retail that indicate the availability of tobacco products and their price.
Communication media
31. (1) No person shall, on behalf of another person, with or without consideration, publish, broadcast or otherwise disseminate any promotion that is prohibited by this Part.
Exception
(2) Subsection (1) does not apply to the distribution for sale of an imported publication or the retransmission of radio or television broadcasts that originate outside Canada.
Foreign media
(3) No person in Canada shall, by means of a publication that is published outside Canada, a broadcast that originates outside Canada or any communication other than a publication or broadcast that originates outside Canada, promote any product the promotion of which is regulated under this Part, or disseminate promotional material that contains a tobacco product-related brand element in a way that is contrary to this Part.
Report to Minister
32. Every manufacturer shall provide the Minister, in the prescribed manner and within the prescribed time, with the prescribed information about any promotion under this Part.
(a) respecting the promotion of tobacco products and tobacco product-related brand elements and the packaging of tobacco products, including the form, manner and conditions of the promotion and packaging, and the promotion of services and non-tobacco products for the purposes of section 28;
(b) respecting the advertisement of tobacco products for the purposes of subsection 22(2);
(c) and (d) [Repealed, 1998, c. 38, s. 3]
(e) respecting, for the purposes of subsection 26(1), the manner in which a tobacco product-related brand element may appear on an accessory;
(f) respecting the display of tobacco products and accessories at retail;
(g) respecting signs that a retailer may post under subsection 30(2), including the placement of the signs and their number, size and content;
(h) requiring manufacturers to disclose the particulars of their tobacco product-related brand elements and promotional activities;
(i) prescribing anything that by this Part is to be prescribed; and
(j) generally for carrying out the purposes of this Part.
1997, c. 13, s. 33; 1998, c. 38, s. 3.
