Tobacco Act (S.C. 1997, c. 13)

Act current to 2017-11-06 and last amended on 2017-10-02. Previous Versions

Marginal note:Information required from manufacturer
  •  (1) Every manufacturer shall submit to the Minister, 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, whether the tobacco products are for sale or not.

  • Marginal note:Requests for 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.

  • 1997, c. 13, s. 6;
  • 2009, c. 27, s. 6.
Marginal note:Regulations

 The Governor in Council may make regulations

  • (a) establishing standards for tobacco products, including prescribing the amounts of substances that may be contained in the product or its emissions;

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

  • (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, 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, health effects, hazardous properties and brand elements;

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

  • (c.3) respecting the prohibition under section 6.1, including providing for the suspension of the manufacture or sale of a tobacco product;

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

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

  • 1997, c. 13, s. 7;
  • 2009, c. 27, s. 8.
Marginal note:Amendment of schedule
  •  (1) The Governor in Council may, by order, amend the schedule 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.

  • 2009, c. 27, s. 9.

PART IIAccess

Marginal note:Furnishing tobacco products
  •  (1) No person shall furnish a tobacco product to a young person in a public place or in a place to which the public reasonably 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:Signs

 Every retailer shall post, at retail, in the prescribed place and manner, signs in the prescribed form and with the prescribed content, that inform the public that the sale or giving of a tobacco product to a young person is prohibited by law, or that contain a prescribed health message, unless that retailer is exempted by the regulations from the requirement to post the signs.

Marginal note:Minimum number of products in package
  •  (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.

  • 1997, c. 13, s. 10;
  • 2009, c. 27, s. 10.
Marginal note:Self-service display

 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

 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:Deliver or mail
  •  (1) No person shall, for consideration, cause a tobacco product to be delivered from one province to another or to be sent by mail unless the delivery or mailing is between manufacturers or retailers or the person is otherwise exempted by the regulations.

  • Marginal note:Advertising an offer

    (2) No person shall advertise an offer to deliver a tobacco product from one province to another or to mail a tobacco product.

Marginal note:Regulations

 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);

  • (b) exempting persons from the application of sections 9, 11 and 13;

  • (c) prescribing signs that are required by section 9 to be posted, including their form, size, content, number and placement;

  • (d) prescribing tobacco products for the purposes of subsection 10(2);

  • (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 required on packages
  •  (1) No manufacturer or retailer shall sell a tobacco 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 or from its emissions.

  • Marginal note:Information required on leaflet

    (2) If required by the regulations, every manufacturer or retailer shall provide, in the prescribed form and manner, a leaflet that displays the information required by the regulations about a tobacco 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

    (3) The information referred to in subsections (1) and (2) may be attributed to a prescribed person or body if the attribution is made in the prescribed manner.

Marginal note:Existing obligations saved

 This Part does not affect any obligation of a manufacturer or retailer at law or under an Act of Parliament or of a provincial legislature to warn consumers of the health hazards and health effects arising from the use of tobacco products or from their emissions.

Marginal note:Regulations

 The Governor in Council may make regulations

  • (a) respecting the information that must appear on packages and in leaflets about tobacco products and their emissions and the health hazards and health effects arising from the use of the products and from their emissions;

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

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

 
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