Tobacco and Vaping Products Act (S.C. 1997, c. 13)

Short Title

Marginal note:Short title

1 This Act may be cited as the Tobacco and Vaping Products Act.

Interpretation

Marginal note:Definitions

2 The definitions in this section apply in this Act.

accessory

accessory means a product that may be used in the consumption of a tobacco product, including a pipe, cigarette holder, cigar clip, lighter and matches, and also means a water pipe. It does not include cannabis accessories, as defined in subsection 2(1) of the Cannabis Act. (accessoire)

additive

additive, in respect of tobacco products, means an ingredient other than tobacco leaves. (additif)

analyst

analyst means a person designated as an analyst under subsection 34(1). (analyste)

blunt wrap

blunt wrap means a sheet, including one that is rolled, that is composed of natural or reconstituted tobacco and that is ready to be filled. (feuille d’enveloppe)

brand element

brand element includes a brand name, trademark, trade-name, distinguishing guise, logo, graphic arrangement, design or slogan that is reasonably associated with, or that evokes, a product, a service or a brand of product or service, but does not include a colour. (élément de marque)

emission

emission means a substance that is produced when a tobacco product or vaping product is used. (émission)

entity

entity includes a corporation, firm, partnership, association, society, trust or other organization, whether incorporated or not. (entité)

furnish

furnish means to sell, lend, assign, give or send, with or without consideration, or to barter or deposit with another person for the performance of a service. (fournir)

ingredient

ingredient means any substance used in the manufacture of a tobacco product, vaping product or their components, including any substance used in the manufacture of that substance, and, in respect of a tobacco product, also includes tobacco leaves. (ingrédient)

inspector

inspector means a person designated as an inspector under subsection 34(1). (inspecteur)

lifestyle advertising

lifestyle advertising means advertising that associates a product with, or evokes a positive or negative emotion about or image of, a way of life such as one that includes glamour, recreation, excitement, vitality, risk or daring. (publicité de style de vie)

little cigar

little cigar means a roll or tubular construction that

• (a) is intended for smoking;

• (b) contains a filler composed of natural or reconstituted tobacco;

• (c) has a wrapper, or a binder and a wrapper, composed of natural or reconstituted tobacco; and

• (d) has a cigarette filter or weighs no more than 1.4 g, excluding the weight of any mouthpiece or tip.

It includes any tobacco product that is designated by the regulations to be a little cigar. (petit cigare)

manufacture

manufacture, in respect of a tobacco product or vaping product, includes the manufacture of a tobacco product or vaping product for export, as well as the packaging, labelling, distributing and importing of a tobacco or vaping product for sale in Canada. (fabriquer)

manufacturer

manufacturer, in respect of a tobacco product or vaping product, includes any entity that is associated with a manufacturer, including an entity that controls or is controlled by the manufacturer or that is controlled by the same entity that controls the manufacturer. (fabricant)

Minister

Minister means the Minister of Health. (ministre)

package

package[Repealed, 2009, c. 27, s. 2]

prescribed

prescribed means prescribed by regulation. (Version anglaise seulement)

retailer

retailer means a person who is engaged in a business that includes the sale of tobacco products or vaping products to consumers. (détaillant)

sell

sell includes offer for sale, expose for sale and sell for export. (vendre)

tobacco product

tobacco product means a product made in whole or in part of tobacco, including tobacco leaves. It includes papers, tubes and filters intended for use with that product, a device, other than a water pipe, that is necessary for the use of that product and the parts that may be used with the device. (produit du tabac)

vaping product

vaping product means

• (a) a device that produces emissions in the form of an aerosol and is intended to be brought to the mouth for inhalation of the aerosol;

• (b) a device that is designated to be a vaping product by the regulations;

• (c) a part that may be used with those devices; and

• (d) a substance or mixture of substances, whether or not it contains nicotine, that is intended for use with those devices to produce emissions.

It does not include devices and substances or mixtures of substances that are excluded by the regulations, cannabis, as defined in subsection 2(1) of the Cannabis Act, cannabis accessories, as defined in that subsection, tobacco products or their accessories. (produit de vapotage)

young person

young person means a person under eighteen years of age. (jeune)

Governor in Council’s Powers

Marginal note:Regulations — little cigar and vaping product

• 2.1 (1) The Governor in Council may make regulations

  • (a) designating any tobacco product to be a little cigar for the purpose of the definition little cigar;

  • (b) designating any device to be a vaping product or not to be a vaping product for the purpose of the definition vaping product; and

  • (c) designating any substance or mixture of substances not to be a vaping product for the purpose of the definition vaping product.

• Marginal note:Order in council — little cigar

  (2) The Governor in Council may, by order, amend the definition little cigar by replacing the weight set out in that definition by a weight that is not less than 1.4 g.

Her Majesty

Marginal note:Binding on Her Majesty

3 This Act is binding on Her Majesty in right of Canada or a province.

Purpose

Marginal note:Purpose of Act

• 4 (1) The purpose of this Act is to provide a legislative response to a national public health problem of substantial and pressing concern and to protect the health of Canadians in light of conclusive evidence implicating tobacco use in the incidence of numerous debilitating and fatal diseases.

• Marginal note:Tobacco products

  (2) The purpose of this Act with respect to tobacco products is to support the objectives set out in subsection (1) and, in particular,

  • (a) to protect young persons and others from inducements to use tobacco products and the consequent dependence on them;

  • (b) to protect the health of young persons by restricting access to tobacco products;

  • (c) to prevent the public from being deceived or misled with respect to the health hazards of using tobacco products; and

  • (d) to enhance public awareness of those hazards.

• Marginal note:Vaping products

  (3) The purpose of this Act with respect to vaping products is to support the objectives set out in subsection (1), to prevent vaping product use from leading to the use of tobacco products by young persons and non-users of tobacco products and, in particular,

  • (a) to protect young persons and non-users of tobacco products from inducements to use vaping products;

  • (b) to protect the health of young persons and non-users of tobacco products from exposure to and dependence on nicotine that could result from the use of vaping products;

  • (c) to protect the health of young persons by restricting access to vaping products;

  • (d) to prevent the public from being deceived or misled with respect to the health hazards of using vaping products; and

  • (e) to enhance public awareness of those hazards.

PART ITobacco Products

Marginal note:Product standards

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

Marginal note:Prohibition — manufacture

• 5.1 (1) No manufacturer shall use an additive set out in column 1 of Schedule 1 in the manufacture of a tobacco product set out in column 2.

• (2) [Repealed, 2018, c. 9, s. 7]

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: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.

Marginal note:Regulations

7 The Governor in Council may make regulations

• (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;

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

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

• (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;

• (c.2) respecting requests for supplementary information under subsection 6(2);

• (c.3) [Repealed, 2018, c. 9, s. 11]

• (d) prescribing the means, including electronic means, by which the information referred to in paragraphs (c) to (c.2) may be submitted to the Minister;

• (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);

• (d.1) prescribing anything that by this Part is to be prescribed; and

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

Marginal note:Amendment of schedule

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

  • (a) the name or description of an additive or tobacco product; or

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

• Marginal note:Description

  (2) An additive or tobacco 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.

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: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.

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.

PART IIAccess

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.

• Marginal note:Defence

  (2) A person shall not be found to have contravened subsection (1) if it is established that the person attempted to verify that the person was at least eighteen years of age by asking for and being shown documentation prescribed for the purposes of verifying age, and believed on reasonable grounds that the documentation was authentic.

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.

Marginal note:Minimum number of products in package

• 10 (1) No person shall import for sale in Canada, package, distribute or sell cigarettes, little cigars or blunt wraps except in a package that contains at least 20 cigarettes, little cigars or blunt wraps or, if a higher number is prescribed, at least the prescribed number.

• Marginal note:Other tobacco products

  (2) No person shall import for sale in Canada, package, distribute or sell a tobacco product — other than cigarettes, little cigars or blunt wraps — that is prescribed for the purposes of this subsection, except in a package that contains at least the prescribed portions, number or quantity of the tobacco product.

• 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.

Marginal note:Self-service display

11 No person, unless exempted by the regulations, shall sell a tobacco product by means of a display that permits a person to handle the tobacco product before paying for it.

Marginal note:Dispensing device

12 No person shall furnish or permit the furnishing of a tobacco product by means of a device that dispenses tobacco products except where the device is in

• (a) a place to which the public does not reasonably have access; or

• (b) a bar, tavern or beverage room and has a prescribed security mechanism.

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.

Marginal note:Regulations

14 The Governor in Council may make regulations

• (a) prescribing the documentation that may be used to verify the age of a person for the purposes of subsection 8(2);

• (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;

• (e) respecting exemptions from the application of section 12;

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

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

PART IIILabelling

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.

• 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.

• 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.

• (3) [Repealed, 2018, c. 9, s. 20]

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.

Marginal note:Regulations

17 The Governor in Council may make regulations

• (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;

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

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

PART IVPromotion

Marginal note:Definition of promotion

• 18 (1) In this Part, promotion means a representation about a product or service by any means, whether directly or indirectly, including any communication of information about a product or service and its price and distribution, that is likely to influence and shape attitudes, beliefs and behaviours about the product or service.

• Marginal note:Application of Division 1

  (2) Division 1 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 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;

  • (b) a report, commentary or opinion in respect of a tobacco product or a brand of tobacco product if no consideration is given by a manufacturer or retailer, directly or indirectly, for the reference to the tobacco product or brand in that report, commentary or opinion; or

  • (c) a promotion by a tobacco grower or a manufacturer that is directed at tobacco growers, manufacturers, persons who distribute tobacco products or retailers but not, either directly or indirectly, at consumers.

• 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.

DIVISION 1Tobacco Products

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.

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.

Marginal note:Comparison and prohibited elements

20.1 No person shall promote a tobacco product, including by means of the packaging,

• (a) in a manner that could cause a person to believe that the product or its emissions are less harmful than other tobacco products or their emissions; or

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

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.

• 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.

• (3) [Repealed, 2018, c. 9, s. 28]

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.

• Marginal note:Exception

  (2) Subject to the regulations, a person may advertise a tobacco product by means of information advertising or brand-preference advertising that is in

  • (a) a publication that is addressed and sent to an adult who is identified by name; or

  • (b) [Repealed, 2009, c. 27, s. 11]

  • (c) signs in a place where young persons are not permitted by law.

• 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.

• Marginal note:Definitions

  (4) The definitions in this subsection apply in this section.

  brand-preference advertising

  brand-preference advertising means advertising that promotes a tobacco product by means of its brand characteristics. (publicité préférentielle)

  information advertising

  information advertising means advertising that provides factual information to the consumer about

  • (a) a product and its characteristics; or

  • (b) the availability or price of a product or brand of product. (publicité informative)

  lifestyle advertising

  lifestyle advertising[Repealed, 2018, c. 9, s. 29]

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: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.

• Marginal note:Prohibition — sale

  (2) No person shall sell a tobacco product set out in column 2 of Schedule 1 that is packaged in a manner prohibited by subsection (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: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.

Marginal note:Accessories

• 26 (1) Subject to the regulations, a manufacturer or retailer may sell an accessory that displays a tobacco product-related brand element.

• Marginal note:Promotion

  (2) No person shall promote an accessory that displays a tobacco product-related brand element except in the prescribed manner and form and in a publication or place described in paragraphs 22(2)(a) and (c).

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).

Marginal note:Sales promotions

29 No manufacturer or retailer shall

• (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.

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: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: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: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:Giving or offering to give

30.5 Subject to the regulations, no manufacturer or retailer shall give or offer to give

• (a) a vaping product; or

• (b) a thing that displays a vaping product-related brand element if

  • (i) the thing is associated with young persons,

  • (ii) there are reasonable grounds to believe that the thing could be appealing to young persons, or

  • (iii) the thing is associated with a way of life such as one that includes glamour, recreation, excitement, vitality, risk or daring.

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: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: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

Marginal note:Communication media

• 31 (1) No person shall, on behalf of another person, with or without consideration, publish, broadcast or otherwise disseminate any promotion that is prohibited by this Part.

• Marginal note:Exception

  (2) Subsection (1) does not apply to the distribution for sale of an imported publication or the retransmission of radio or television broadcasts that originate outside Canada.

• 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.

Marginal note:Regulations

33 The Governor in Council may make regulations

• (a) respecting the promotion of tobacco products, the use and promotion of tobacco product-related brand elements and the packaging of tobacco products, including the form, manner and conditions of the promotion and packaging, and the promotion of services and things for the purposes of section 28;

• (a.1) for the purposes of paragraph 20.1(b), prohibiting the use of terms, expressions, logos, symbols or illustrations in order to prevent the public from being deceived or misled with respect to the health effects or health hazards of tobacco products or their emissions;

• (b) respecting the advertising of tobacco products for the purposes of subsection 22(2);

• (c) respecting, for the purposes of subsection 26(1), the manner in which a tobacco product-related brand element may appear on an accessory;

• (d) respecting the display of tobacco products and accessories at the point of sale;

• (e) respecting signs that a retailer may post under subsection 30(2), including the placement of the signs and their number, size and content;

• (e.1) for the purposes of section 30.42, prohibiting or respecting the use of terms, expressions, logos, symbols or illustrations in order to prevent the public from being deceived or misled with respect to the health effects or health hazards of vaping products or their emissions;

• (e.2) respecting exceptions to the prohibitions under subsections 30.43(1) and (2);

• (e.3) respecting, for the purposes of section 30.45, the packaging of vaping products, including by prohibiting the display of terms, expressions, logos, symbols or illustrations on the package that could be appealing to young persons;

• (f) respecting exceptions to the prohibition under section 30.5;

• (g) respecting, for the purposes of section 30.7, the information 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 that must be conveyed in advertising;

• (g.1) respecting, for the purposes of section 30.701, the advertising of vaping products and vaping product-related brand elements;

• (h) respecting, for the purposes of section 30.8, the promotion, at the point of sale, of vaping products and vaping product-related brand elements, including their display;

• (i) requiring manufacturers to disclose the particulars of their tobacco product-related and vaping product-related brand elements and promotional activities;

• (j) respecting requests for supplementary information under subsection 32(2);

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

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

PART VAdministration and Enforcement

Inspection and Analysis

Marginal note:Designation of inspectors and analysts

• 34 (1) The Minister may designate any person or class of persons as an inspector or analyst for the purpose of the administration and enforcement of this Act.

• Marginal note:Certificate

  (2) Every inspector and analyst shall be given a certificate, in a form established by the Minister, attesting to the inspector or analyst’s designation.

• Marginal note:Certificate to be produced

  (3) An inspector entering a place under this Act shall, on request, produce the certificate to the person in charge of that place.

Marginal note:Authority to enter place

• 35 (1) For a purpose related to verifying compliance with this Act, an inspector may, subject to section 36, enter any place, including a conveyance, in which the inspector believes on reasonable grounds

  • (a) a tobacco product or vaping product is manufactured, tested, stored, promoted, transported or furnished;

  • (b) there is anything used in the manufacture, testing, promotion or furnishing of a tobacco product or vaping product; or

  • (c) there is any information relating to the manufacture, testing, storage, promotion, transporting or furnishing of a tobacco product or vaping product.

• Marginal note:Powers of inspector

  (2) An inspector may, for the purpose referred to in subsection (1),

  • (a) examine a tobacco product, vaping product or thing referred to in paragraph (1)(b) that is found in the place;

  • (b) order any person to produce for examination, in the manner and form requested by the inspector, the tobacco product, vaping product or thing;

  • (c) open or order any person to open any container or package found in the place that the inspector believes on reasonable grounds contains the tobacco product, vaping product or thing;

  • (d) take or order any person to take, free of charge, a sample of the tobacco product, vaping product or thing;

  • (e) conduct any test or analysis or take any measurements;

  • (f) order any person found in the place to produce for examination or copying any written or electronic information;

  • (g) take photographs and make recordings and sketches;

  • (h) order the owner or person having possession, care or control of the tobacco product, vaping product or thing — or of the conveyance — to move it or, for any time that may be necessary, not to move it or to restrict its movement;

  • (i) order the owner or person in charge of the place or a person who manufactures, tests, stores, promotes, transports or furnishes a tobacco product or vaping product at the place to establish their identity to the inspector’s satisfaction;

  • (j) use or order any person to use a computer system, as defined in subsection 342.1(2) of the Criminal Code, that is found in the place to examine data that are contained in or available to the computer system, reproduce the data or order any person to reproduce the data in the form of a printout or other intelligible output and remove the output for examination or copying; or

  • (k) use or order any person to use copying equipment that is found in the place and remove the copies for examination.

• Marginal note:Means of telecommunication

  (3) For the purposes of subsections (1) and (2), the inspector is considered to have entered a place when they access it remotely by a means of telecommunication.

• Marginal note:Limitation — access by means of telecommunication

  (4) An inspector who enters remotely, by a means of telecommunication, a place that is not accessible to the public must do so with the knowledge of the owner or person in charge of the place and only for the period necessary for the purpose referred to in subsection (1).

• Marginal note:Persons accompanying inspector

  (5) The inspector may be accompanied by any person that they believe is necessary to help them exercise their powers or perform their duties or functions under this section.

• Marginal note:Entering private property

  (6) An inspector and any person accompanying them may enter and pass through private property, other than a dwelling-house on that property, in order to gain entry to a place referred to in subsection (1).

Marginal note:Warrant to enter dwelling-house

• 36 (1) If the place is a dwelling-house, an inspector may enter it without the occupant’s consent only under the authority of a warrant issued under subsection (2).

• Marginal note:Authority to issue warrant

  (2) On ex parte application, a justice of the peace may issue a warrant authorizing the inspector named in the warrant to enter a dwelling-house, subject to any conditions specified in the warrant, if the justice is satisfied by information on oath that

  • (a) the dwelling-house is a place referred to in subsection 35(1);

  • (b) entry to the dwelling-house is necessary for a purpose referred to in that subsection; and

  • (c) entry to the dwelling-house was refused by the occupant or there are reasonable grounds to believe that entry will be refused by, or that consent to entry cannot be obtained from, the occupant.

• Marginal note:Use of force

  (3) In executing a warrant issued under subsection (2), an inspector may use force only if the use of force has been specifically authorized in the warrant and they are accompanied by a peace officer.

• Marginal note:Means of telecommunication

  (4) An application for a warrant under subsection (2) may be submitted, and the warrant may be issued, by a means of telecommunication and section 487.1 of the Criminal Code applies for those purposes with any necessary modifications.

Marginal note:Certificate of analysis

37 An analyst who has analysed or examined a thing under this Act, or a sample of it, may issue a certificate or report setting out the results of the analysis or examination.

Marginal note:Assistance to inspectors

• 38 (1) The owner or person in charge of a place referred to in subsection 35(1) and every person found in that place shall give all assistance that is reasonably required to enable the inspector to exercise their powers or perform their duties or functions under this Act, including by providing them with any documents or information, and access to any data, that they may reasonably require for that purpose and by complying with any order made by the inspector under subsection 35(2) or paragraph 39(2)(b).

• Marginal note:Obstruction

  (2) No person shall obstruct or hinder, or make a false or misleading statement either orally or in writing to, an inspector who is exercising their powers or performing their duties or functions under this Act.

Seizure and Restoration

Marginal note:Seizure

• 39 (1) An inspector may seize any thing — including a tobacco product or vaping product — found in a place referred to in subsection 35(1), or a conveyance referred to in that subsection, that they have reasonable grounds to believe was used in the contravention of this Act or is something in relation to which the Act was contravened.

• Marginal note:Storage

  (2) An inspector who seizes a thing or a conveyance may

  • (a) on notice to and at the expense of its owner or the person having possession, care or control of it at the time of its seizure, store it or move it; or

  • (b) order its owner or the person having possession, care or control of it at the time of its seizure to, at their expense, store it or move it.

• Marginal note:Interference

  (3) Unless authorized by an inspector, no person shall remove, alter or interfere in any way with any thing or conveyance seized.

Marginal note:Application for restoration

• 40 (1) Any person from whom a thing or conveyance was seized may, within 60 days after the date of seizure, apply to a provincial court judge within whose jurisdiction the seizure was made for an order of restoration, if the person sends a notice containing the prescribed information to the Minister within the prescribed time and in the prescribed manner.

• Marginal note:Order of restoration

  (2) The provincial court judge may order that the thing or conveyance be restored immediately to the applicant if, on hearing the application, the judge is satisfied

  • (a) that the applicant is entitled to possession of the thing or conveyance seized; and

  • (b) that the thing or conveyance seized is not and will not be required as evidence in any proceedings in respect of an offence under this Act.

• Marginal note:Order of later restoration

  (3) If, on hearing an application made under subsection (1), the provincial court judge is satisfied that the applicant is entitled to possession of the thing or conveyance seized but is not satisfied with respect to the matters mentioned in paragraph (2)(b), the judge may order that the thing or conveyance seized be restored to the applicant

  • (a) on the expiration of one hundred and eighty days after the date of the seizure if no proceedings in respect of an offence under this Act have been commenced before that time; or

  • (b) on the final conclusion of any such proceedings, in any other case.

• Marginal note:No restoration where forfeiture by consent

  (4) The provincial court judge shall not make an order under this section for restoration of a thing or conveyance if it has been forfeited by consent under subsection 41(3).

Marginal note:Forfeiture

• 41 (1) If no application has been made under subsection 40(1) for the restoration of a thing or conveyance seized under this Act within 60 days after the date of the seizure, or an application has been made but on the hearing of the application no order of restoration is made, the thing or conveyance is forfeited to Her Majesty in right of Canada.

• Marginal note:Forfeiture on conviction

  (2) If a person has been convicted of an offence under this Act, any thing or conveyance seized under this Act by means of or in respect of which the offence was committed is forfeited to Her Majesty in right of Canada.

• Marginal note:Forfeiture with consent

  (3) If an inspector has seized a thing or conveyance and the owner or the person in whose possession it was at the time of seizure consents in writing to its forfeiture, the thing or conveyance is forfeited to Her Majesty in right of Canada.

• Marginal note:Disposal

  (4) A seized thing or conveyance that is forfeited may be disposed of, as the Minister directs, at the expense of its owner or the person who was entitled to possess it at the time of its seizure.

Marginal note:Recovery of costs

• 41.1 (1) Her Majesty in right of Canada may recover, as a debt due to Her Majesty in right of Canada, any costs incurred by Her Majesty in right of Canada in relation to anything required or authorized under section 39 or subsection 41(4), including the storage, movement or disposal of a thing or conveyance.

• Marginal note:Time limit

  (2) Proceedings to recover a debt due to Her Majesty in right of Canada under subsection (1) shall not be commenced later than five years after the day on which the debt became payable.

Marginal note:Certificate of default

• 41.2 (1) Any debt that may be recovered under subsection 41.1(1) in respect of which there is a default of payment, or the part of any such debt that has not been paid, may be certified by the Minister.

• Marginal note:Judgment

  (2) On production to the Federal Court, a certificate made under subsection (1) shall be registered in that Court and, when registered, has the same force and effect, and all proceedings may be taken on the certificate, as if it were a judgment obtained in that Court for a debt of the amount specified in the certificate and all reasonable costs and charges attendant in the registration of the certificate.

Regulations

Marginal note:Regulations

42 The Governor in Council may make regulations

• (a) respecting the powers and duties of inspectors and analysts;

• (b) respecting the taking of samples;

• (b.1) respecting the costs in relation to anything required or authorized under section 39 or subsection 41(4);

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

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

PART V.01Fees and Charges

Marginal note:Regulations by Minister

• 42.1 (1) The Minister may make regulations respecting fees or charges to be paid by manufacturers for the purpose of recovering the costs incurred by His Majesty in right of Canada in relation to the carrying out of the purpose of this Act, including regulations

  • (a) fixing the fees or charges or providing for the manner of calculating them;

  • (b) requiring manufacturers to submit to the Minister information for the calculation of the fees or charges and prescribing the information that manufacturers must submit as well as the form and manner in which and the time within which the information must be submitted;

  • (c) respecting the payment of the fees or charges, including the time and manner of payment;

  • (d) respecting, for the purposes of section 42.13, the information that the Minister must make available to the public, including

    • (i) the name of each manufacturer who is required to pay the fees or charges,

    • (ii) information relating to whether each manufacturer has paid the fees or charges,

    • (iii) information relating to whether each manufacturer has submitted the information required under this Part, and

    • (iv) information relating to the measures taken in respect of each manufacturer who has failed to pay the fees or charges or submit the information required under this Part; and

  • (e) prescribing anything that by this Part is to be prescribed.

• Marginal note:Consultation

  (2) Before making regulations, the Minister must consult with any persons or entities that the Minister considers to be interested in the matter.

Marginal note:Remission

• 42.11 (1) The Minister may, by order, remit all or part of any fee or charge provided for under this Part or the interest on it.

• Marginal note:Remission may be conditional

  (2) A remission may be conditional.

• Marginal note:Conditional remission

  (3) If a remission is conditional and the condition is not fulfilled, then the remission is cancelled and is deemed never to have been granted.

Marginal note:Documents to be kept

• 42.12 (1) Every manufacturer must keep, in the prescribed manner and for the prescribed time, all documents that they used in order to submit the information required under this Part to the Minister.

• Marginal note:Keeping and providing documents

  (2) The manufacturer must keep the documents at their place of business in Canada or at any prescribed place and must, on written request, provide them to the Minister.

Marginal note:Public disclosure by Minister

42.13 The Minister must make available to the public, within the prescribed time, the information relating to the fees and charges provided for under this Part that is required by the regulations.

Marginal note:Debt to His Majesty

• 42.14 (1) Any fees or charges payable under this Part constitute a debt due to His Majesty in right of Canada that may be recovered in a court of competent jurisdiction.

• Marginal note:Limitation period or prescription

  (2) No proceedings to recover a debt due to His Majesty in right of Canada under subsection (1) may be commenced later than five years after the day on which the debt became payable.

Marginal note:Certificate of default

• 42.15 (1) Any debt that may be recovered under subsection 42.14(1) in respect of which there is a default of payment, or the part of any such debt that has not been paid, may be certified by the Minister.

• Marginal note:Judgment

  (2) On production to the Federal Court, a certificate made under subsection (1) must be registered in that Court and, when registered, has the same force and effect, and all proceedings may be taken on the certificate, as if it were a judgment obtained in that Court for a debt of the amount specified in the certificate and all reasonable costs and charges attendant in the registration of the certificate.

Marginal note:Prohibition on sale

• 42.16 (1) The Minister may, by order, prohibit the sale of a tobacco product or vaping product by a manufacturer who fails to pay the fees or charges payable under this Part or submit the information required under this Part.

• Marginal note:Statutory Instruments Act

  (2) An order made under subsection (1) is not a statutory instrument within the meaning of the Statutory Instruments Act.

PART V.1Miscellaneous Provisions

Marginal note:Food and Drugs Act

• 42.2 (1) The Governor in Council may make regulations providing that this Act or any provision of this Act does not apply in respect of some or all of the vaping products that are regulated under the Food and Drugs Act or that contain a controlled substance, as defined in subsection 2(1) of the Controlled Drugs and Substances Act.

• Marginal note:For greater certainty

  (2) For greater certainty, the regulations may distinguish between vaping products on the basis of type of authorization, including type of licence, issued under the Food and Drugs Act, or on the basis of type of licence, permit, authorization or exemption issued or granted under the Controlled Drugs and Substances Act.

Marginal note:Trademarks

• 42.3 (1) Despite the Trademarks Act, the registration of a trademark shall not be held invalid on the basis of paragraph 18(1)(b) or (c) of that Act as a result of compliance with this Act.

• Marginal note:For greater certainty

  (2) For greater certainty, the absence of use of a trademark as a result of compliance with this Act constitutes special circumstances that excuse the absence of use for the purposes of the Trademarks Act.

Marginal note:Regulations

42.4 The Governor in Council may make regulations

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

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

Marginal note:Incorporation by reference — limitation removed

42.5 The limitation set out in paragraph 18.1(2)(a) of the Statutory Instruments Act to the effect that a document must be incorporated as it exists on a particular date does not apply to the powers to make regulations under sections 7, 7.8, 14, 17, 33, 42, 42.1 and 42.4.

Marginal note:Customs information

42.6 The Minister of Public Safety and Emergency Preparedness must, on request of the Minister, provide customs information, as defined in subsection 107(1) of the Customs Act, to the Minister for the purpose of the administration and enforcement of this Act.

Marginal note:Disclosure of information

42.7 The Minister may disclose any information that is obtained under this Act to any federal minister if the disclosure is for a purpose related to verifying compliance with any Act of Parliament, other than this Act, that applies directly or indirectly to a tobacco product or vaping product or any activity in relation to a tobacco product or vaping product.

PART VIOffences and Punishment

Marginal note:Product and promotion offences — manufacturer

• 43 (1) Every manufacturer who contravenes section 5, 7.2 or 19 is guilty of an offence and liable

  • (a) on summary conviction to a fine not exceeding $500,000 or to imprisonment for a term not exceeding one year, or to both; or

  • (b) on conviction on indictment to a fine not exceeding $1,000,000 or to imprisonment for a term not exceeding two years, or to both.

• Marginal note:Promotion offences — other persons

  (2) Every person, other than a manufacturer, who contravenes section 19 is guilty of an offence and liable on summary conviction to a fine not exceeding $500,000.

Marginal note:Additives, ingredients and markings — manufacturer

43.1 Every manufacturer who contravenes subsection 5.1(1), section 5.2, subsection 5.3(1) or section 7.21 or 7.22 is guilty of an offence and liable on summary conviction to a fine not exceeding $300,000 or to imprisonment for a term not exceeding two years, or to both.

Marginal note:Markings — other persons

43.2 Every person, other than a manufacturer, who contravenes subsection 5.3(1) is guilty of an offence and liable on summary conviction to a fine not exceeding $50,000.

Marginal note:Summary offence

44 Every person who contravenes subsection 6(1) or (2), section 6.1, subsection 7.3(1) or (2), section 7.5, subsection 10(1), (2) or (3) or 26(1) or (2), section 30.7 or subsection 31(1) or (3), 32(1) or (2) or 38(1) or (2) is guilty of an offence and liable on summary conviction to a fine not exceeding $50,000 or to imprisonment for a term not exceeding six months, or to both.

Marginal note:Prohibited sale

44.1 Every manufacturer who contravenes section 7.4 is guilty of an offence and liable on summary conviction to a fine not exceeding $50,000 or to imprisonment for a term not exceeding six months, or to both.

Marginal note:Sales to young persons, promotions

45 Every person who contravenes subsection 8(1) or 9(1) or section 11 or 12, or every retailer who contravenes section 29 or 30.5 or subsection 30.6(1) or (2), is guilty of an offence and liable on summary conviction

• (a) for a first offence, to a fine not exceeding $3,000; and

• (b) for a subsequent offence, to a fine not exceeding $50,000.

Marginal note:Offence by retailer

• 46 (1) Every retailer who contravenes subsection 15(1) or (2), 15.1(1) or (4) or 15.3(1) or (2) is guilty of an offence and liable on summary conviction to a fine not exceeding $50,000.

• Marginal note:Offence by manufacturer

  (2) Every manufacturer who contravenes subsection 15(1), (1.1) or (2), 15.1(1) or (4) or 15.3(1) or (2), section 29 or 30.5 or subsection 30.6(1) or (2) is guilty of an offence and liable on summary conviction to a fine not exceeding $500,000 or to imprisonment for a term not exceeding two years, or to both.

• Marginal note:Offence

  (3) Every person who contravenes subsection 15.1(2) or (3) is guilty of an offence and liable on summary conviction to a fine not exceeding $500,000 or to imprisonment for a term not exceeding two years, or to both.

Marginal note:Offences related to fees and charges

46.1 Every manufacturer who contravenes subsection 42.12(1) or (2) or an order made under subsection 42.16(1) is guilty of an offence and liable on summary conviction to a fine not exceeding $50,000.

Marginal note:General offence

47 Every person who contravenes subsection 9.1(1) or (2) or 20(1), section 20.1, subsection 21(1), 22(1), 23(1) or (2), 23.1(1) or (2) or 23.2(1) or (2), section 23.3, subsection 24(1) or (2), section 25, 27, 30.1 or 30.2, subsection 30.21(1) or 30.3(1) or (2), section 30.4 or 30.41, subsection 30.42(1) or 30.43(1) or (2), section 30.44, subsection 30.45(1) or (2), 30.46(1) or (2), 30.47(1) or (2) or 30.48(1) or (2) or section 30.701 or 30.71 is guilty of an offence and liable on summary conviction to a fine not exceeding $500,000 or to imprisonment for a term not exceeding two years, or to both.

Marginal note:Where no other penalty

48 Every person who contravenes a provision of this Act or the regulations for which no other penalty is provided in this Act is guilty of an offence and liable on summary conviction to a fine not exceeding $25,000.

Marginal note:Due diligence defence

48.1 A person is not to be found guilty of an offence under this Act if they establish that they exercised due diligence to prevent the commission of the offence.

Marginal note:Continuing offence

49 A person who commits or continues an offence under this Act on more than one day is liable to be convicted for a separate offence for each day on which the offence is committed or continued.

Marginal note:Offence by director or officer of corporation

50 Where a corporation commits an offence under this Act, any director or officer of the corporation who authorized or acquiesced in the offence is guilty of an offence and liable on conviction to the penalty provided for by this Act in respect of the offence committed by the corporation, whether or not the corporation has been prosecuted.

Marginal note:Limitation period

51 No prosecution for a summary conviction offence under this Act may be instituted after two years after the time when the subject-matter of the proceedings arose.

Marginal note:Venue

52 A prosecution for an offence under this Act may be instituted, heard, tried and determined by a court in any jurisdiction in which the accused carries on business, regardless of where the subject-matter of the prosecution arose.

Marginal note:Exception need not be pleaded

• 53 (1) No exception, exemption, excuse or qualification prescribed by law is required to be set out or negatived, as the case may be, in an information or indictment for an offence under this Act or under section 463, 464 or 465 of the Criminal Code in respect of an offence under this Act.

• Marginal note:Proof of exemption

  (2) In a prosecution for an offence referred to in subsection (1), the burden of proving that an exception, exemption, excuse or qualification prescribed by law operates in favour of the accused is on the accused and the prosecutor is not required, except by way of rebuttal, to prove that it does not operate in favour of the accused, whether or not it is set out in the information or indictment.

Marginal note:Offence by employee or agent

54 In a prosecution for an offence under this Act, it is sufficient proof of the offence to establish that it was committed by an employee or agent of the accused, whether or not the employee or agent is identified or has been prosecuted for the offence, unless the accused establishes that the offence was committed without the knowledge or consent of the accused and that the accused exercised all due diligence to prevent its commission.

Marginal note:Certified copies and extracts

55 In a prosecution for an offence under this Act, a copy of any written or electronic information obtained during an inspection under this Act and certified by the inspector to be a true copy is admissible in evidence and is, in the absence of evidence to the contrary, proof of its contents.

Marginal note:Certificate or report of analyst as proof

• 56 (1) Subject to subsections (2) and (3), a certificate or report purporting to be signed by an analyst stating that the analyst has analysed anything to which this Act applies and stating the results of the analysis, is admissible in evidence in any prosecution for an offence under this Act without proof of the signature or official character of the person appearing to have signed the certificate or report.

• Marginal note:Notice

  (2) The certificate or report may not be received in evidence unless the party intending to produce it has, before the trial, given the party against whom it is intended to be produced reasonable notice of that intention together with a copy of the certificate or report.

• Marginal note:Attendance of analyst

  (3) The party against whom the certificate or report is produced may, with leave of the court, require the attendance of the analyst for the purpose of cross-examination.

Marginal note:Evidentiary presumptions

57 In a prosecution for a contravention of this Act,

• (a) information on a package indicating that it contains a tobacco product or vaping product is, in the absence of evidence to the contrary, proof that the package contains that product; and

• (b) a name or address on a package purporting to be the name or address of the person by whom the tobacco product or vaping product was manufactured is, in the absence of evidence to the contrary, proof that it was manufactured by that person.

Marginal note:Additional fine

58 If an offender has been convicted of an offence under this Act and the court is satisfied that as a result of the commission of the offence the offender acquired any monetary benefits or that monetary benefits accrued to the offender, the court may order the offender to pay, despite the maximum amount of any fine that may otherwise be imposed under this Act, an additional fine in an amount equal to the court’s estimation of the amount of those monetary benefits.

Marginal note:Orders of court

59 When the court is sentencing an offender who has been convicted of an offence under this Act, in addition to any other punishment that may be imposed, the court may, having regard to the nature of the offence and the circumstances surrounding its commission, make an order having any or all of the following effects:

• (a) prohibiting the offender from doing any act or engaging in any activity that is likely to result in the continuation or repetition of the offence;

• (b) prohibiting the offender from selling tobacco products and vaping products for a period of not more than one year, in the case of a subsequent offence for the contravention of subsection 8(1) or section 11, 12, 29, 30.5 or 30.6;

• (c) directing the offender to publish, in the manner directed by the court, the facts relating to the commission of the offence;

• (d) directing the offender to post any bond or pay any amount of money into court that will ensure compliance with an order made pursuant to this section;

• (e) directing the offender to compensate the Minister, in whole or in part, for the cost of any remedial or preventive action taken by or caused to be taken on behalf of the Minister as a result of the act or omission that constituted the offence; and

• (f) directing the offender to pay an amount for the purposes of conducting research into any matters relating to tobacco products and vaping products that the court considers appropriate.

PART VIIAgreements

Marginal note:Administrative agreements

• 60 (1) The Minister may enter into agreements with provinces or other bodies respecting the administration and enforcement of this Act or any provision of this Act, including the designation of provincial or other officials and bodies as inspectors under this Act and the appointment of federal officials as inspectors under provincial legislation in respect of tobacco and vaping products.

• Marginal note:Equivalency agreements

  (2) The Minister may enter into equivalency agreements with a province where there are in force, under the laws of that province, provisions that are equivalent to the provisions of this Act.

• Marginal note:Order

  (3) The Governor in Council may, on the recommendation of the Minister, by order, declare that certain provisions of this Act or the regulations, other than those creating an absolute prohibition, do not apply within a province in which an equivalency agreement is in force.

• Marginal note:Table in Parliament

  (4) A copy of an equivalency agreement in respect of which an order is made under subsection (3) must be tabled in each House of Parliament within the first 15 sitting days of that House after the order is made.

PART VII.1Review of the Act

Marginal note:Review of the Act

• 60.1 (1) The Minister must, three years after the day on which this section comes into force and every two years after that, undertake a review of the provisions and operation of this Act.

• Marginal note:Report to Parliament

  (2) The Minister must, no later than one year after the day on which the review is undertaken, cause a report on the review to be tabled in each House of Parliament.

PART VIIIConsequential Amendments, Repeals and Coming into Force

Consequential Amendments

61 to 63 [Amendments]

Repeals

64 and 65 [Repeals]

Coming into Force

Marginal note:Subsections 24(2) and (3)

• Footnote ^*66 (1) Subsections 24(2) and (3) come into force on October 1, 1998 or on any earlier day that the Governor in Council may fix by order.

  • Return to footnote ^*[Note: Subsections 24(2) and (3) in force October 1, 1998.]

• Marginal note:Application delayed — sponsorship before April 25, 1997

  (2) If a tobacco product-related brand element was displayed, at any time between January 25, 1996 and April 25, 1997, in promotional material that was used in the sponsorship of an event or activity that took place in Canada, subsections 24(2) and (3) do not apply until

  • (a) October 1, 2000 in relation to the display of a tobacco product-related brand element in promotional material that is used in the sponsorship of that event or activity or of a person or entity participating in that event or activity; and

  • (b) October 1, 2003 in relation to the display referred to in paragraph (a) on the site of the event or activity for the duration of the event or activity or for any other period that may be prescribed.

• Marginal note:Promotional material

  (3) Subsections 24(2) and (3) apply beginning on October 1, 2000 and ending on September 30, 2003 to prohibit the furnishing to the public, on the site of an event or activity to which paragraph (2)(b) applies, of promotional material that displays a tobacco product-related brand element otherwise than in conformity with subsection 24(2).