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

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.