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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)

13 The Act is amended by adding the following after section 7.2:

Marginal note:Prohibition — manufacture

7.21 No manufacturer shall use an ingredient set out in column 1 of Schedule 2 in the manufacture of a vaping product set out in column 2.

Marginal note:Prohibition — sale

7.22 No manufacturer shall sell a vaping product set out in column 2 of Schedule 2 that contains an ingredient set out in column 1.

Marginal note:Amendment of Schedule 2

  • 7.23 (1) The Governor in Council may, by order, amend Schedule 2 by adding, amending or deleting

    • (a) the name or description of an ingredient or vaping product; or

    • (b) a reference to all vaping products, with or without exceptions.

  • Marginal note:Description

    (2) An ingredient or vaping product may be described by reference to a document produced by a body or person other than the Minister, either as the document exists on a particular date or as it is amended from time to time.

  • Marginal note:Operation of amendments suspended

    (3) An order made under subsection (1) may provide that the operation of the amendments to Schedule 2 is suspended with respect to retailers for a period of 30 days after the day on which the order comes into force.

  • Marginal note:Consequences of suspension

    (4) During the period in which the operation of the amendments is suspended with respect to retailers,

    • (a) Schedule 2, as it read immediately before the coming into force of the order, continues to apply with respect to retailers; and

    • (b) no other amendment to Schedule 2 is to come into force.

  • 14 (1) Subsection 8(1) of the Act is replaced by the following:

    Marginal note:Furnishing products to young persons

    • 8 (1) No person shall furnish a tobacco product or vaping product to a young person in a public place or in a place to which the public has access.

  • (2) Subsection 8(2) of the Act is replaced by the following:

    • Marginal note:Defence

      (2) A person shall not be found guilty of having contravened subsection (1) if it is established that they attempted to verify, in accordance with the regulations, that the person was at least 18 years of age.

  • 15 (1) Section 9 of the Act is replaced by the following:

    Marginal note:Sending and delivering to young persons

    • 9 (1) No person shall send or deliver a tobacco product or vaping product to a young person.

    • Marginal note:Defence — sender

      (2) A person shall not be found guilty of having contravened subsection (1) for having sent a tobacco product or vaping product to a young person if it is established that the person

      • (a) informed the person delivering the product of its nature and of the prohibition on its delivery to a young person; and

      • (b) instructed the person delivering the product to verify that the person taking delivery of it was at least 18 years of age by asking for and examining a piece of identification issued by a federal or provincial authority or a foreign government and containing that person’s name, photograph, date of birth and signature.

    • Marginal note:Defence — person making delivery

      (3) A person shall not be found guilty of having contravened subsection (1) for having delivered a tobacco product or vaping product to a young person if it is established that the person

      • (a) verified that the person taking delivery of the product was at least 18 years of age by asking for and examining a piece of identification issued by a federal or provincial authority or a foreign government and containing that person’s name, photograph, date of birth and signature; and

      • (b) believed on reasonable grounds that the piece of identification was authentic.

    Marginal note:Tobacco products — interprovincial sending and delivering

    • 9.1 (1) No person shall, for consideration, send or deliver a tobacco product from one province to another unless the sending or delivery is between manufacturers or retailers or is exempted from the application of this section by the regulations.

    • Marginal note:Advertising an offer

      (2) No person shall advertise an offer to send or deliver a tobacco product from one province to another.

  • (2) Paragraph 9(2)(b) of the Act is replaced by the following:

    • (b) instructed the person delivering the product to verify, in accordance with the regulations, that the person taking delivery of it is at least 18 years of age.

  • (3) Subsection 9(3) of the Act is replaced by the following:

    • Marginal note:Defence — person making delivery

      (3) A person shall not be found guilty of having contravened subsection (1) for having delivered a tobacco product or vaping product to a young person if it is established that the person verified, in accordance with the regulations, that the person taking delivery of the product was at least 18 years of age.

16 Section 10 of the Act is amended by adding the following after subsection (2):

  • Marginal note:Vaping products

    (3) No person shall import for sale in Canada, package, distribute or sell a vaping product that is prescribed for the purposes of this subsection, except in a package that contains a number or quantity of the vaping product that meets the prescribed requirements.

17 Section 12 of the Act is replaced by the following:

Marginal note:Dispensing device

12 Subject to the regulations, no person shall furnish or permit the furnishing of a tobacco product or vaping product by means of a dispensing device.

18 Section 13 of the Act is replaced by the following:

Marginal note:Prescription vaping products

  • 13 (1) Subsections 8(1), 9(1) and 10(3) do not apply in respect of

    • (a) a prescription vaping product; or

    • (b) a device, within the meaning of section 2 of the Food and Drugs Act, that is the subject of an authorization issued under that Act authorizing its sale for use with a prescription vaping product.

  • Marginal note:Definition of prescription

    (2) In this section, prescription, in respect of a vaping product, means

    • (a) that the product

      • (i) contains a drug that is set out in the prescription drug list, as amended from time to time, established under subsection 29.1(1) of the Food and Drugs Act, or a drug that is part of a class of drugs that is set out in that list, and

      • (ii) is the subject of an authorization issued under that Act authorizing its sale; or

    • (b) that the product contains a controlled substance, as defined in subsection 2(1) of the Controlled Drugs and Substances Act, the sale or provision of which is authorized under that Act.

  • 19 (1) Paragraph 14(a) of the Act is replaced by the following:

    • (a) respecting the verifications referred to in subsection 8(2), paragraph 9(2)(b) and subsection 9(3);

  • (2) Paragraphs 14(b) to (d) of the Act are replaced by the following:

    • (a.1) respecting exemptions to the prohibition under subsection 9.1(1);

    • (b) prescribing tobacco products for the purposes of subsection 10(2) and prescribing vaping products for the purposes of subsection 10(3);

    • (c) respecting, for the purposes of subsection 10(3), the number or quantity of a vaping product that a package must contain, including minimum and maximum numbers or quantities;

    • (d) exempting persons from the application of section 11;

  • (3) Paragraph 14(e) of the Act is replaced by the following:

    • (e) respecting exceptions to the prohibition under section 12;

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