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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)

Marginal note:2009, c. 27, s. 5

 Section 5.2 of the Act is replaced by the following:

Marginal note:Prohibition — sale

5.2 No manufacturer shall sell a tobacco product set out in column 2 of Schedule 1 that contains an additive set out in column 1.

Marginal note:Marking

  • 5.3 (1) No person shall manufacture or sell a tobacco product that displays a marking, unless the marking is authorized by the regulations.

  • Marginal note:Exception

    (2) A person who manufactures or sells a tobacco product that displays a marking does not contravene subsection (1) if the marking is required under an Act of the legislature of a province.

  • Marginal note:Additive

    (3) Despite sections 5.1 and 5.2, a manufacturer may use a prescribed additive to display on a tobacco product a marking that is authorized by the regulations or that is required under an Act of the legislature of a province and may sell a tobacco product that displays such a marking.

Marginal note:2009, c. 27, s. 6

 Section 6 of the Act is replaced by the following:

Marginal note:Information required from manufacturer

  • 6 (1) Every manufacturer shall submit to the Minister, in the prescribed form and manner and within the prescribed time, information that is required by the regulations about tobacco products, their emissions and any research and development related to tobacco products and their emissions, whether the tobacco products are for sale or not.

  • Marginal note:Supplementary information

    (2) The Minister may, subject to the regulations, request supplementary information relating to the information referred to in subsection (1), and every manufacturer shall submit the requested information in the form and manner and within the time specified by the Minister.

Marginal note:Public disclosure by manufacturer

6.1 Every manufacturer shall make available to the public, in the prescribed form and manner and within the prescribed time, information that is required by the regulations about tobacco products and their emissions.

Marginal note:Public disclosure by Minister

6.2 The Minister shall make available to the public, in the prescribed manner and within the prescribed time, information that is required by the regulations about tobacco products, their emissions and any research and development related to tobacco products and their emissions.

Marginal note:Non-application

6.3 Sections 6.1 and 6.2 do not apply in respect of tobacco products that have never been for sale in Canada.

 The Act is amended by adding the following after section 6:

Marginal note:Prohibition

6.01 Subject to the regulations, no manufacturer shall sell a tobacco product unless the information required under subsection 6(1) with respect to that product is submitted to the Minister.

Marginal note:2009, c. 27, s. 8(1)

  •  (1) Paragraph 7(a) of the Act is replaced by the following:

    • (a) establishing standards respecting the characteristics of tobacco products and their emissions, including the sensory attributes — such as appearance and shape — of the products and their emissions, the dimensions, weight, components and performance of the products, and the amounts and concentrations of substances that may be contained in the products or their emissions;

  • (2) Section 7 of the Act is amended by adding the following after paragraph (b):

    • (b.1) respecting markings that may be displayed on tobacco products;

  • Marginal note:2009, c. 27, s. 8(1)

    (3) Paragraphs 7(c) and (c.1) of the Act are replaced by the following:

    • (c) prescribing information that manufacturers must submit to the Minister about tobacco products and their emissions, including sales data and information on market research, product composition, ingredients, materials, health effects, hazardous properties and brand elements;

    • (c.1) prescribing information that manufacturers must submit to the Minister about research and development related to tobacco products and their emissions, including information on market research, product composition, ingredients, materials, health effects, hazardous properties and brand elements;

  • Marginal note:2009, c. 27, s. 8(1)

    (4) Paragraph 7(c.3) of the Act is repealed.

  • (5) Section 7 of the Act is amended by adding the following after paragraph (c.2):

    • (c.3) respecting the prohibition under section 6.01, including providing for the suspension of the sale of a tobacco product;

  • (6) Section 7 of the Act is amended by adding the following after paragraph (d):

    • (d.01) prescribing, for the purposes of section 6.1, information that manufacturers must make available to the public, including information referred to in paragraph (c);

    • (d.02) prescribing, for the purposes of section 6.2, information that the Minister must make available to the public, including information referred to in paragraphs (c) and (c.1);

 The Act is amended by adding the following after section 7.1:

PART I.1Vaping Products

Marginal note:Product standards

7.2 No manufacturer shall manufacture or sell a vaping product that does not conform with the standards established by the regulations.

Marginal note:Information required from manufacturer

  • 7.3 (1) Every manufacturer shall submit to the Minister, in the prescribed form and manner and within the prescribed time, information that is required by the regulations about vaping products, their emissions and any research and development related to vaping products and their emissions, whether the vaping products are for sale or not.

  • Marginal note:Supplementary information

    (2) The Minister may, subject to the regulations, request supplementary information relating to the information referred to in subsection (1), and every manufacturer shall submit the requested information in the form and manner and within the time specified by the Minister.

Marginal note:Prohibition

7.4 Subject to the regulations, no manufacturer shall sell a vaping product unless the information required under subsection 7.3(1) with respect to that product is submitted to the Minister.

Marginal note:Public disclosure by manufacturer

7.5 Every manufacturer shall make available to the public, in the prescribed form and manner and within the prescribed time, information that is required by the regulations about vaping products and their emissions.

Marginal note:Public disclosure by Minister

7.6 The Minister shall make available to the public, in the prescribed manner and within the prescribed time, information that is required by the regulations about vaping products, their emissions and any research and development related to vaping products and their emissions.

Marginal note:Non-application

7.7 Sections 7.5 and 7.6 do not apply in respect of vaping products that have never been for sale in Canada.

Marginal note:Regulations

7.8 The Governor in Council may make regulations

  • (a) establishing standards respecting the characteristics of vaping products and their emissions, including the functions and the performance of the products, the sensory attributes — such as appearance and shape — of the products and their emissions, and the amounts and concentrations of substances that may be contained in the products or their emissions;

  • (b) respecting test methods, including methods to assess conformity with the standards;

  • (c) prescribing information that manufacturers must submit to the Minister about vaping products and their emissions, including sales data and information on market research, product composition, ingredients, materials, health effects, hazardous properties and brand elements;

  • (d) prescribing information that manufacturers must submit to the Minister about research and development related to vaping products and their emissions, including information on market research, product composition, ingredients, materials, health effects, hazardous properties and brand elements;

  • (e) respecting requests for supplementary information under subsection 7.3(2);

  • (f) respecting the prohibition under section 7.4, including providing for the suspension of the sale of a vaping product;

  • (g) prescribing the means, including electronic means, by which the information referred to in paragraphs (c) to (e) may be submitted to the Minister;

  • (h) prescribing, for the purposes of section 7.5, information that manufacturers must make available to the public, including information referred to in paragraph (c);

  • (i) prescribing, for the purposes of section 7.6, information that the Minister must make available to the public, including information referred to in paragraphs (c) and (d);

  • (j) prescribing anything that by this Part is to be prescribed; and

  • (k) generally for carrying out the purposes of this Part.

 
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