Tobacco Act (S.C. 1997, c. 13)

Act current to 2017-10-13 and last amended on 2017-10-02. 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

 This Act may be cited as the Tobacco Act.

Interpretation

Marginal note:Definitions

 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. (accessoire)

additive

additif

additive means an ingredient other than tobacco leaves. (additif)

analyst

analyste

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

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. (feuille d’enveloppe)

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. (élément de marque)

emission

émission

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

entity

entité

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

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. (fournir)

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. (ingrédient)

inspector

inspecteur

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

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. (petit cigare)

manufacture

fabriquer

manufacture, in respect of tobacco products, includes the packaging, labelling, distributing and importing of tobacco products for sale in Canada. (fabriquer)

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. (fabricant)

Minister

ministre

Minister means the Minister of Health. (ministre)

package

package[Repealed, 2009, c. 27, s. 2]

prescribed

Version anglaise seulement

prescribed means prescribed by regulation. (Version anglaise seulement)

retailer

détaillant

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

sell

vendre

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

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. (produit du tabac)

young person

jeune

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

  • 1997, c. 13, s. 2;
  • 2009, c. 27, s. 2.

Governor in Council’s Powers

Marginal note:Regulations — little cigar
  •  (1) The Governor in Council may make regulations prescribing any tobacco product to be a little cigar for the purpose of the definition little cigar.

  • 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.

  • 2009, c. 27, s. 3.

Her Majesty

Marginal note:Binding on Her Majesty

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

Purpose

Marginal note:Purpose of Act

 The purpose of this Act is to provide a legislative response to a national public health problem of substantial and pressing concern and, in particular,

  • (a) to protect the health of Canadians in light of conclusive evidence implicating tobacco use in the incidence of numerous debilitating and fatal diseases;

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

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

  • (d) to enhance public awareness of the health hazards of using tobacco products.

PART ITobacco Products

Marginal note:Product standards

 No person shall manufacture a tobacco product that does not conform with the standards established by the regulations.

Marginal note:Prohibition — manufacture
  •  (1) No person shall use an additive set out in column 1 of the schedule in the manufacture of a tobacco product set out in column 2.

  • Marginal note:Exception — trade-mark or marking

    (2) Subsection (1) does not prohibit the use of a colouring agent to depict a trade-mark on a tobacco product or to display a marking required under this or any other Act of Parliament or of the legislature of a province or for any other prescribed purpose.

  • 2009, c. 27, s. 4.
Marginal note:Prohibition — sale
  •  (1) No person shall sell a tobacco product set out in column 2 of the schedule that contains an additive set out in column 1.

  • Marginal note:Exception

    (2) Subsection (1) does not prohibit the sale of a tobacco product by reason only that the product contains a colouring agent used for a purpose referred to in subsection 5.1(2).

  • 2009, c. 27, s. 5.
 
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