Tobacco Act (S.C. 1997, c. 13)
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Act current to 2012-05-14 and last amended on 2010-07-05. Previous Versions
Tobacco Act
S.C. 1997, c. 13
Assented to 1997-04-25
An Act to regulate the manufacture, sale, labelling and promotion of tobacco products, to make consequential amendments to another Act and to repeal certain Acts
Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:
SHORT TITLE
Marginal note:Short title
1. This Act may be cited as the Tobacco Act.
INTERPRETATION
Marginal note:Definitions
2. The definitions in this section apply in this Act.
“accessory”
« accessoire »
“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.
“additive”
« additif »
“additive” means an ingredient other than tobacco leaves.
“analyst”
« analyste »
“analyst” means a person designated as an analyst under subsection 34(1).
“blunt wrap”
« feuille d’enveloppe »
“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.
“brand element”
« élément de marque »
“brand element” includes a brand name, trade-mark, 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.
“emission”
« émission »
“emission” means a substance that is produced when a tobacco product is used.
“entity”
« entité »
“entity” includes a corporation, firm, partnership, association, society, trust or other organization, whether incorporated or not.
“furnish”
« fournir »
“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.
“ingredient”
« ingrédient »
“ingredient” means tobacco leaves and any substance used in the manufacture of a tobacco product or its components, including any substance used in the manufacture of that substance.
“inspector”
« inspecteur »
“inspector” means a person designated as an inspector under subsection 34(1).
“little cigar”
« petit cigare »
“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 prescribed to be a little cigar.
“manufacture”
« fabriquer »
“manufacture”, in respect of tobacco products, includes the packaging, labelling, distributing and importing of tobacco products for sale in Canada.
“manufacturer”
« fabricant »
“manufacturer”, in respect of tobacco products, 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.
“Minister”
« ministre »
“Minister” means the Minister of Health.
- “package”
“package”[Repealed, 2009, c. 27, s. 2]
“prescribed”
Version anglaise seulement“prescribed” means prescribed by regulation.
“retailer”
« détaillant »
“retailer” means a person who is engaged in a business that includes the sale of a tobacco product to consumers.
“sell”
« vendre »
“sell” includes offer for sale and expose for sale.
“tobacco product”
« produit du tabac »
“tobacco product” means a product composed in whole or in part of tobacco, including tobacco leaves and any extract of tobacco leaves. It includes cigarette papers, tubes and filters but does not include any food, drug or device that contains nicotine to which the Food and Drugs Act applies.
“young person”
« jeune »
“young person” means a person under eighteen years of age.
- 1997, c. 13, s. 2;
- 2009, c. 27, s. 2.