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)
Full Document:
- HTMLFull Document: An Act to amend the Tobacco Act and the Non-smokers’ Health Act and to make consequential amendments to other Acts (Accessibility Buttons available) |
- PDFFull Document: An Act to amend the Tobacco Act and the Non-smokers’ Health Act and to make consequential amendments to other Acts [666 KB]
Assented to 2018-05-23
PART 11997, c. 13Tobacco Act (continued)
Amendments to the Act (continued)
20 (1) Subsection 15(1) of the Act is replaced by the following:
Marginal note:Information — sale of tobacco products
15 (1) No manufacturer or retailer shall sell a tobacco product unless the product and the package containing it display, 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 and from its emissions.
(2) Section 15 of the Act is amended by adding the following after subsection (1):
Marginal note:Information — packaging of tobacco products
(1.1) No manufacturer shall package a tobacco product unless the product and the package containing it display, 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 and from its emissions.
(3) Subsections 15(2) and (3) of the Act are replaced by the following:
Marginal note:Information — leaflet
(2) If required by the regulations, every manufacturer or retailer shall provide with a tobacco product, in the prescribed form and manner, a leaflet that displays 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 and from its emissions.
21 Section 16 of the Act is replaced by the following:
Marginal note:Information — sale of vaping products
15.1 (1) No manufacturer or retailer shall sell a vaping product unless the product and the package containing it display, 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 and from its emissions.
Marginal note:Information — manufacture of vaping products
(2) No person shall manufacture a vaping product unless the product 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 and from its emissions.
Marginal note:Information — packaging of vaping products
(3) No person shall package a vaping 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 and from its emissions.
Marginal note:Information — leaflet or tag
(4) If required by the regulations, every manufacturer or retailer shall provide with a vaping product, in the prescribed form and manner, a leaflet or tag that displays 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 and from its emissions.
Marginal note:Attribution
15.2 The information referred to in sections 15 and 15.1 may be attributed to a person or body designated by the regulations if the attribution is made in the prescribed form and manner.
Marginal note:Display of information — tobacco product package
15.3 (1) No manufacturer or retailer shall sell a tobacco product if the package displays information in a manner that is contrary to the regulations.
Marginal note:Provision of information — other
(2) No manufacturer or retailer shall provide, in a manner that is contrary to the regulations, written information with a tobacco product.
Marginal note:For greater certainty
16 For greater certainty, this Part does not affect any obligation of a manufacturer or retailer at law or under an Act of Parliament or of the legislature of a province to warn consumers of the health hazards and health effects arising from the use of tobacco products or vaping products and from their emissions.
22 Paragraph 17(a) of the Act is replaced by the following:
(a) respecting the information that must appear on tobacco products and tobacco product packages and in leaflets about tobacco products and their emissions and about the health hazards and health effects arising from the use of the products and from their emissions;
(a.1) respecting the information that must appear on vaping products or on vaping product packages and in leaflets or on tags about vaping products and their emissions and about the health hazards and health effects arising from the use of the products and from their emissions;
(a.2) respecting, for the purposes of section 15.3, the manner of displaying or providing information, including the form and placement of the information;
23 (1) The portion of subsection 18(2) of the Act before paragraph (a) is replaced by the following:
Marginal note:Application of Division 1
(2) Division 1 of this Part does not apply to
(2) Paragraph 18(2)(a) of the English version of the Act is replaced by the following:
(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 by a manufacturer or retailer, directly or indirectly, for that use or depiction in the work, production or performance;
(3) Section 18 of the Act is amended by adding the following after subsection (2):
Marginal note:Application of Division 2
(3) Division 2 of this Part does not apply to
(a) a literary, dramatic, musical, cinematographic, scientific, educational or artistic work, production or performance that uses or depicts a vaping product or vaping product-related brand element, whatever the mode or form of its expression, if no consideration is given by a manufacturer or retailer, directly or indirectly, for that use or depiction in the work, production or performance;
(b) a report, commentary or opinion in respect of a vaping product or a brand of vaping product if no consideration is given by a manufacturer or retailer, directly or indirectly, for the reference to the vaping product or brand in that report, commentary or opinion; or
(c) a promotion by a manufacturer that is directed at manufacturers, persons who distribute vaping products or retailers but not, either directly or indirectly, at consumers.
24 The Act is amended by adding the following after section 18:
DIVISION 1Tobacco Products
25 Section 19 of the Act is replaced by the following:
Marginal note:Prohibition
19 No person shall promote a tobacco product or a tobacco product-related brand element, including by means of the packaging, except as authorized by the provisions of this Act or of the regulations.
26 Section 20 of the Act is replaced by the following:
Marginal note:False promotion
20 (1) No person shall promote a tobacco product, including by means of the packaging, in a manner that is false, misleading or deceptive with respect to, or that is likely to create an erroneous impression about, the characteristics, health effects or health hazards of the tobacco product or its emissions.
Marginal note:Considerations
(2) The general impression conveyed by a promotion and the literal meaning of any statement contained in a promotion shall be taken into account in determining whether a promotion is made in a manner that is misleading or deceptive with respect to, or is likely to create an erroneous impression about, the characteristics, health effects or health hazards of the tobacco product or its emissions.
27 The Act is amended by adding the following after section 20:
Marginal note:Comparison and prohibited elements
20.1 No person shall promote a tobacco product, including by means of the packaging,
28 (1) Subsection 21(1) of the Act is replaced by the following:
Marginal note:Testimonials or endorsements
21 (1) No person shall promote a tobacco product through a testimonial or an endorsement, however displayed or communicated, including by means of the packaging.
(2) Subsection 21(3) of the Act is repealed.
- Date modified: