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)
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Assented to 2018-05-23
PART 11997, c. 13Tobacco Act (continued)
Amendments to the Act (continued)
29 (1) Subsection 22(1) of the Act is replaced by the following:
Marginal note:Advertising
22 (1) Subject to this section, no person shall promote a tobacco product by means of advertising that depicts, in whole or in part, a tobacco product, its package or a tobacco product-related brand element or that evokes a tobacco product or a tobacco product-related brand element.
(2) Paragraph 22(2)(a) of the Act is replaced by the following:
(a) a publication that is addressed and sent to an adult who is identified by name; or
(3) Subsection 22(3) of the Act is replaced by the following:
Marginal note:Lifestyle advertising
(3) Subsection (2) does not apply to lifestyle advertising or advertising for which there are reasonable grounds to believe that it could be appealing to young persons.
(4) The definition lifestyle advertising in subsection 22(4) of the Act is repealed.
30 Section 23 of the Act is replaced by the following:
Marginal note:Packaging
23 (1) No person shall package a tobacco product in a manner that is contrary to the provisions of this Act or of the regulations.
Marginal note:Prohibition — sale
(2) No person shall sell a tobacco product that is packaged in a manner that is contrary to the provisions of this Act or of the regulations.
Marginal note:2009, c. 27, s. 12(1)
31 Subsection 23.1(1) of the Act is replaced by the following:
Marginal note:Prohibited additives — packaging
23.1 (1) No person shall package a tobacco product set out in column 2 of Schedule 1 in a manner, including by means of a brand element, that could cause a person to believe that it contains an additive set out in column 1.
32 The Act is amended by adding the following after section 23.1:
Marginal note:Prohibition — vaping product-related brand element
23.2 (1) No person shall display a vaping product-related brand element on the package of a tobacco product.
Marginal note:Prohibition — sale
(2) No person shall sell a tobacco product if a vaping product-related brand element is displayed on its package.
Marginal note:Functions and sensory attributes
23.3 No person shall promote or sell a device that is a tobacco product or a part that may be used with such a device, whether or not the device or part contains tobacco, if the device or part has an appearance, shape or other sensory attribute or a function for which there are reasonable grounds to believe that it could make the device or part appealing to young persons.
Marginal note:1998, c. 38, ss. 1 and 2(1)
33 Sections 24 and 25 of the Act are replaced by the following:
Marginal note:Sponsorship promotion
24 (1) No person shall promote a tobacco product-related brand element or the name of a tobacco product manufacturer in a manner that is likely to create an association between the brand element or the name and a person, entity, event, activity or permanent facility.
Marginal note:Promotional material
(2) No person shall use, directly or indirectly, a tobacco product-related brand element or the name of a tobacco product manufacturer in the promotional material related to a person, entity, event, activity or permanent facility.
Marginal note:Name of facility
25 No person shall display a tobacco product-related brand element or the name of a tobacco product manufacturer on a permanent facility, as part of the name of the facility or otherwise, if the facility is used for a sports or cultural event or activity.
34 Sections 27 and 28 of the Act are replaced by the following:
Marginal note:Brand element — thing or service
27 No person shall furnish or promote a tobacco product if any of its brand elements is displayed on a thing, other than a tobacco product or an accessory, or is used with a service, and
(a) the thing or service is associated with young persons;
(b) there are reasonable grounds to believe that the thing or service could be appealing to young persons; or
(c) the thing or service is associated with a way of life such as one that includes glamour, recreation, excitement, vitality, risk or daring.
Marginal note:Other things and services
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 thing, other than a tobacco product or an accessory, or is used with a service, and the thing or service does not fall within the criteria described in paragraphs 27(a) to (c).
Marginal note:Promotion
(2) Subject to the regulations, a person may promote a thing, other than a tobacco product or an accessory, that displays a tobacco product-related brand element, or a service that uses a tobacco product-related brand element, if the thing or service does not fall within the criteria described in paragraphs 27(a) to (c).
35 (1) The portion of section 29 of the French version of the Act before paragraph (a) is replaced by the following:
Marginal note:Promotion des ventes
29 Il est interdit au fabricant et au détaillant de faire ou d’offrir de faire l’une des actions suivantes :
(2) Paragraphs 29(a) to (c) of the Act are replaced by the following:
(a) provide or offer to provide any consideration, 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, draw, lottery or contest;
(b) furnish or offer to 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 or offer to furnish an accessory that displays 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.
36 Section 30 of the Act is replaced by the following:
Marginal note:Point of sale display of tobacco products
30 (1) Subject to the regulations, a person may display, at the point of sale, a tobacco product or an accessory that displays a tobacco product-related brand element.
Marginal note:Signs
(2) A retailer of tobacco products may post, subject to the regulations, signs at the point of sale that indicate the availability of tobacco products and their price.
Marginal note:For greater certainty
(3) For greater certainty, subsection (1) does not authorize the display of a tobacco product that is packaged in a manner that is contrary to the provisions of this Act or of the regulations.
DIVISION 2Vaping Products
Marginal note:Advertising appealing to young persons
30.1 No person shall promote a vaping product, a vaping product-related brand element or a thing that displays a vaping product-related brand element by means of advertising if there are reasonable grounds to believe that the advertising could be appealing to young persons.
Marginal note:Lifestyle advertising
30.2 No person shall promote a vaping product, a vaping product-related brand element or a thing that displays a vaping product-related brand element by means of lifestyle advertising.
Marginal note:Sponsorship promotion
30.3 (1) No person shall promote a vaping product-related brand element or the name of a vaping product manufacturer in a manner that is likely to create an association between the brand element or the name and a person, entity, event, activity or permanent facility.
Marginal note:Promotional material
(2) No person shall use, directly or indirectly, a vaping product-related brand element or the name of a vaping product manufacturer in the promotional material related to a person, entity, event, activity or permanent facility.
Marginal note:Name of facility
30.4 No person shall display a vaping product-related brand element or the name of a vaping product manufacturer on a permanent facility, as part of the name of the facility or otherwise, if the facility is used for a sports or cultural event or activity.
Marginal note:Giving or offering to give
30.5 Subject to the regulations, no manufacturer or retailer shall give or offer to give
Marginal note:Sales promotions — offering consideration
30.6 (1) No manufacturer or retailer shall, in a place to which young persons have access,
(a) offer to provide any consideration, for the purchase of a vaping product, including a gift to a purchaser or a third party, bonus, premium, cash rebate or right to participate in a game, draw, lottery or contest; or
(b) offer to furnish a vaping product in consideration of the purchase of a product or service or the performance of a service.
Marginal note:Sales promotions — providing consideration
(2) No manufacturer or retailer shall, in a place other than a retail establishment where vaping products are ordinarily sold,
(a) provide any consideration, for the purchase of a vaping product, including a gift to a purchaser or a third party, bonus, premium, cash rebate or right to participate in a game, draw, lottery or contest; or
(b) furnish a vaping product in consideration of the purchase of a product or service or the performance of a service.
Marginal note:Advertising — required information
30.7 No person shall promote a vaping product or a vaping product-related brand element by means of advertising unless it conveys, 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:Advertising — regulations
30.701 No person shall promote a vaping product or a vaping product-related brand element by means of advertising done in a manner that is contrary to the regulations.
Marginal note:Point of sale promotion
30.8 No person shall promote, at the point of sale, a vaping product or a vaping product-related brand element, including by means of the packaging, in a manner that is contrary to the regulations.
DIVISION 3Miscellaneous Provisions
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