Tobacco Act (S.C. 1997, c. 13)

Act current to 2017-11-20 and last amended on 2017-10-02. Previous Versions

PART IVPromotion

Definition of promotion

  •  (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

    (2) 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 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:Prohibition

 No person shall promote a tobacco product or a tobacco product-related brand element except as authorized by this Act or the regulations.

Marginal note:False promotion

 No person shall promote a tobacco product by any means, including by means of the packaging, that are false, misleading or deceptive or that are likely to create an erroneous impression about the characteristics, health effects or health hazards of the tobacco product or its emissions.

Marginal note:Testimonials or endorsements
  •  (1) No person shall promote a tobacco product by means of a testimonial or an endorsement, however displayed or communicated.

  • 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:Exception

    (3) This section does not apply to a trade-mark that appeared on a tobacco product for sale in Canada on December 2, 1996.

Marginal note:Advertising
  •  (1) Subject to this section, no person shall promote a tobacco product by means of an advertisement that depicts, in whole or in part, a tobacco product, its package or a brand element of one or that evokes a tobacco product or a 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 provided by mail and addressed 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 that could be construed on reasonable grounds to be appealing to young persons.

  • Marginal note:Definitions

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

    brand-preference advertising

    publicité préférentielle

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

    information advertising

    publicité informative

    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

    publicité de style de vie

    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)

  • 1997, c. 13, s. 22;
  • 2009, c. 27, s. 11.
Marginal note:Packaging

 No person shall package a tobacco product in a manner that is contrary to this Act or the regulations.

Marginal note:Prohibited additives — packaging
  •  (1) No person shall package a tobacco product set out in column 2 of the schedule in a manner that suggests, including through illustrations, 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 the schedule that is packaged in a manner prohibited by subsection (1).

  • 2009, c. 27, s. 12.
Marginal note:Prohibition — sponsorship promotion

 No person may display a tobacco product-related brand element or the name of a tobacco manufacturer in a promotion that is used, directly or indirectly, in the sponsorship of a person, entity, event, activity or permanent facility.

  • 1997, c. 13, s. 24;
  • 1998, c. 38, s. 1.
Marginal note:Prohibition — name of facility

 No person may display a tobacco product-related brand element or the name of a tobacco manufacturer on a permanent facility, as part of the name of the facility or otherwise, if the tobacco product-related brand element or name is thereby associated with a sports or cultural event or activity.

  • 1997, c. 13, s. 25;
  • 1998, c. 38, s. 2.
Marginal note:Accessories
  •  (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).

  • 1997, c. 13, s. 26;
  • 2009, c. 27, s. 13.
Marginal note:Non-tobacco product displaying tobacco brand element

 No person shall furnish or promote a tobacco product if any of its brand elements is displayed on a non-tobacco product, other than an accessory, or is used with a service, if the non-tobacco product or service

  • (a) is associated with young persons or could be construed on reasonable grounds to be appealing to young persons; or

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

Marginal note:Exception — tobacco product
  •  (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 non-tobacco product, other than an accessory, or used with a service, if the non-tobacco product or service does not fall within the criteria described in paragraphs 27(a) and (b).

  • Marginal note:Exception — non-tobacco product

    (2) Subject to the regulations, a person may promote a non-tobacco product, other than an accessory, that displays a tobacco product-related brand element, or a service that uses a tobacco product-related brand element, to which section 27 does not apply.

Marginal note:Sales promotions

 No manufacturer or retailer shall

  • (a) offer or provide any consideration, direct or indirect, 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, lottery or contest;

  • (b) 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 an accessory that bears 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.

 
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