Tobacco Act (S.C. 1997, c. 13)

Act current to 2012-05-02 and last amended on 2010-07-05. Previous Versions

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 III

LABELLING

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.

PART IV

PROMOTION

Marginal note: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.