Government of Canada / Gouvernement du Canada
Symbol of the Government of Canada

Search

An Act to amend the Tobacco Act and the Non-smokers’ Health Act and to make consequential amendments to other Acts (S.C. 2018, c. 9)

Assented to 2018-05-23

PART 11997, c. 13Tobacco Act (continued)

Amendments to the Act (continued)

 The Act is amended by adding, after Schedule 1, the Schedules 2 and 3 set out in the schedule to this Act.

Marginal note:Replacement of “schedule”

 The Act is amended by replacing “the schedule” with “Schedule 1” in the following provisions:

  • (a) subsection 5.1(1);

  • (b) subsection 5.2(1);

  • (c) subsection 7.1(1); and

  • (d) section 23.1.

Consequential Amendments

R.S., c. F-27Food and Drugs Act

 The heading before section 2 of the Food and Drugs Act is replaced by the following:

Interpretation and Application

 The Act is amended by adding the following after section 2.1:

Marginal note:Tobacco products

2.2 This Act does not apply to a tobacco product as defined in section 2 of the Tobacco and Vaping Products Act.

Marginal note:Vaping products

  • 2.3 (1) Despite the definition drug in section 2, this Act does not apply to a vaping product as defined in section 2 of the Tobacco and Vaping Products Act by reason that it contains nicotine, unless the vaping product is manufactured, sold or represented for use in the diagnosis, treatment, mitigation or prevention of a disease, disorder or abnormal physical state, or its symptoms, in human beings.

  • Marginal note:Vaping products

    (2) Despite the definition device in section 2, this Act does not apply to a vaping product as defined in section 2 of the Tobacco and Vaping Products Act by reason that it is manufactured, sold or represented for use with a substance or mixture of substances that contains nicotine, unless the vaping product is manufactured, sold or represented for use in the diagnosis, treatment, mitigation or prevention of a disease, disorder or abnormal physical state, or its symptoms, in human beings.

2009, c. 27An Act to amend the Tobacco Act

 Section 7 of An Act to amend the Tobacco Act, chapter 27 of the Statutes of Canada, 2009, is repealed.

 Section 16 of the Act is repealed.

2010, c. 21Canada Consumer Product Safety Act

  •  (1) Subsection 4(2) of the Canada Consumer Product Safety Act is replaced by the following:

    • Marginal note:Tobacco products

      (2) This Act does not apply to a tobacco product as defined in section 2 of the Tobacco and Vaping Products Act, except in respect of

      • (a) the ignition propensity of that product; and

      • (b) the devices and parts referred to in that definition.

    • Marginal note:For greater certainty — devices and parts made of tobacco

      (2.1) For greater certainty, the devices and parts referred to in paragraph (2)(b) do not include those made in whole or in part of tobacco.

  • (2) Section 4 of the Act is amended by adding the following after subsection (3):

    • Marginal note:Vaping products

      (4) The Consumer Chemicals and Containers Regulations, 2001 do not apply in respect of vaping products, within the meaning of paragraphs (a) to (c) of the definition vaping product in section 2 of the Tobacco and Vaping Products Act, unless those regulations are amended to expressly provide that they apply in respect of those products.

  • (3) Subsection 4(4) of the Act is repealed.

 Items 3 and 4 of Schedule 1 to the Act are replaced by the following:

  • Devices within the meaning of section 2 of the Food and Drugs Act, except a vaping product within the meaning of section 2 of the Tobacco and Vaping Products Act that is not subject to the Food and Drugs Act.
  • Drugs within the meaning of section 2 of the Food and Drugs Act, except a vaping product within the meaning of section 2 of the Tobacco and Vaping Products Act that is not subject to the Food and Drugs Act.

Terminology

Marginal note:Replacement of “Tobacco Act” — Act

  •  (1) In paragraph 12(h) of the Hazardous Products Act, “Tobacco Act” is replaced by “Tobacco and Vaping Products Act”.

  • Marginal note:Other references — Acts

    (2) Unless the context requires otherwise, every reference to Tobacco Act in any provision of an Act of Parliament other than a provision referred to in subsection (1) is to be read as a reference to the Tobacco and Vaping Products Act.

  • Marginal note:Replacement of “Tobacco Act” — Regulations

    (3) In the following provisions, “Tobacco Act” is replaced by “Tobacco and Vaping Products Act”:

    • (a) paragraph 10.30(1)(a) of the Canada Occupational Health and Safety Regulations;

    • (b) paragraph 7.27(1)(a) of the On Board Trains Occupational Safety and Health Regulations;

    • (c) paragraph 11.32(1)(a) of the Oil and Gas Occupational Safety and Health Regulations;

    • (d) the heading of Schedule XIV to the Contraventions Regulations and the heading of column I of that schedule;

    • (e) section 1 of the Tobacco (Access) Regulations;

    • (f) section 1 of the Tobacco (Seizure and Restoration) Regulations;

    • (g) the definition Act in section 1 of the Tobacco Products Information Regulations;

    • (h) the definition Act in section 1 of the Tobacco Reporting Regulations;

    • (i) item 3 of Schedule 2 to the Natural Health Products Regulations;

    • (j) paragraph 260(1)(b) of the Maritime Occupational Health and Safety Regulations; and

    • (k) paragraph 5.23(1)(a) of the Aviation Occupational Health and Safety Regulations.

  • Marginal note:Other references — Regulations

    (4) Unless the context requires otherwise, every reference to the Tobacco Act in any provision of a regulation, as defined in section 2 of the Statutory Instruments Act, made under an Act of Parliament, other than a provision referred to in subsection (3), is to be read as a reference to the Tobacco and Vaping Products Act.

Coordinating Amendments

Marginal note:2009, c. 27

  •  (1) In this section, other Act means An Act to amend the Tobacco Act, chapter 27 of the Statutes of Canada, 2009.

  • (2) If section 7 of the other Act comes into force before section 9 of this Act, then the portion of that section 9 before the section 6 that it enacts is replaced by the following:

    9 Sections 6 and 6.1 of the Act are replaced by the following:

  • (3) If section 7 of the other Act comes into force on the same day as section 9 of this Act, then that section 7 is deemed never to have come into force.

  • (4) If section 16 of the other Act comes into force before section 55 of this Act, then the portion of that section 55 before the section 43 that it enacts is replaced by the following:

    55 Sections 43 to 44.1 of the Act are replaced by the following:

  • (5) If section 16 of the other Act comes into force on the same day as section 55 of this Act, then that section 16 is deemed never to have come into force.

 
Date modified: