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)

Marginal note:Testimonials or endorsements

• 30.21 (1) No person shall promote a vaping product through a testimonial or an endorsement, however displayed or communicated, including by means of the packaging.

• Marginal note:Depiction of person

  (2) For the purposes of subsection (1), the depiction of a person, character or animal, whether real or fictional, is considered to be a testimonial for, or an endorsement of, the product.

Marginal note:Functions and sensory attributes

30.41 No person shall promote or sell a vaping product that has an appearance, shape or other sensory attribute or a function for which there are reasonable grounds to believe that it could make the product appealing to young persons.

Marginal note:False promotion

• 30.42 (1) No person shall promote a vaping product, including by means of the packaging,

  • (a) 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 vaping product or its emissions;

  • (b) by using terms, expressions, logos, symbols or illustrations that are prohibited by the regulations; or

  • (c) by using, in a manner that is contrary to the regulations, prescribed terms, expressions, logos, symbols or illustrations.

• 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 vaping product or its emissions.

Marginal note:Health benefits

• 30.43 (1) Subject to subsection (3) and the regulations, no person shall promote a vaping product, including by means of the packaging, in a manner that could cause a person to believe that health benefits may be derived from the use of the product or from its emissions.

• Marginal note:Comparisons

  (2) Subject to subsection (3) and the regulations, no person shall promote a vaping product, including by means of the packaging, by comparing the health effects arising from the use of the product or from its emissions with those arising from the use of a tobacco product or from its emissions.

• Marginal note:Exception

  (3) Subsections (1) and (2) do not apply in respect of a vaping product that is the subject of an authorization, including a licence, issued under the Food and Drugs Act authorizing its sale.

Marginal note:Discouraging tobacco cessation

30.44 No person shall promote a vaping product, including by means of the packaging, if there are reasonable grounds to believe that the promotion could discourage tobacco cessation or encourage the resumed use of tobacco products.

Marginal note:Packaging

• 30.45 (1) No person shall package a vaping 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 vaping product that is packaged in a manner that is contrary to the provisions of this Act or of the regulations.

Marginal note:Indication or illustration

• 30.46 (1) No person shall display on a vaping product or on its package an indication or illustration, including a brand element, that could cause a person to believe that the product is flavoured if there are reasonable grounds to believe that the indication or illustration could be appealing to young persons.

• Marginal note:Prohibition — sale

  (2) No person shall sell a vaping product if an indication or illustration referred to in subsection (1) is displayed on the product or on its package.

Marginal note:Prohibited ingredients

• 30.47 (1) No person shall promote a vaping product set out in column 2 of Schedule 2, including by means of the packaging, through an indication or illustration, including a brand element, that could cause a person to believe that the product contains an ingredient set out in column 1.

• Marginal note:Prohibition — sale

  (2) No person shall sell a vaping product set out in column 2 of Schedule 2 if an indication or illustration referred to in subsection (1) is displayed on the product or on its package.

Marginal note:Flavours

• 30.48 (1) No person shall promote a vaping product set out in column 2 of Schedule 3, including by means of the packaging, through an indication or illustration, including a brand element, that could cause a person to believe that the product has a flavour set out in column 1.

• Marginal note:Prohibition — sale

  (2) No person shall sell a vaping product set out in column 2 of Schedule 3 if an indication or illustration referred to in subsection (1) is displayed on the product or on its package.

Marginal note:Amendment of Schedule 3

• 30.49 (1) The Governor in Council may, by order, amend Schedule 3 by adding, amending or deleting

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

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

• Marginal note:Description

  (2) A flavour 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 3 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 3, 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 3 is to come into force.

Marginal note:Health benefits

• 30.43 (1) Subject to subsection (3) and the regulations, no person shall promote a vaping product, including by means of the packaging, in a manner that could cause a person to believe that health benefits, within the meaning of the regulations, may be derived from the use of the product or from its emissions.

Marginal note:Tobacco product-related brand element

30.71 No person shall furnish or promote a vaping product if a tobacco product-related brand element is displayed on the vaping product, on its package or in the advertising of the vaping product.

• Marginal note:Foreign media

  (3) No person in Canada shall, by means of a publication that is published outside Canada, a broadcast that originates outside Canada or any communication other than a publication or broadcast that originates outside Canada, promote any product the promotion of which is regulated under this Part, or disseminate promotional material that contains a tobacco product-related brand element or a vaping product-related brand element in a manner that is contrary to this Part.

Marginal note:Report to Minister

• 32 (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 any promotion referred to in paragraph 18(2)(c) or (3)(c) and about any promotion referred to in Division 1 or 2.

• 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.