Marginal note:Regulations

33. The Governor in Council may make regulations

• (a) respecting the promotion of tobacco products and tobacco product-related brand elements and the packaging of tobacco products, including the form, manner and conditions of the promotion and packaging, and the promotion of services and non-tobacco products for the purposes of section 28;

• (b) respecting the advertisement of tobacco products for the purposes of subsection 22(2);

• (c) and (d) [Repealed, 1998, c. 38, s. 3]

• (e) respecting, for the purposes of subsection 26(1), the manner in which a tobacco product-related brand element may appear on an accessory;

• (f) respecting the display of tobacco products and accessories at retail;

• (g) respecting signs that a retailer may post under subsection 30(2), including the placement of the signs and their number, size and content;

• (h) requiring manufacturers to disclose the particulars of their tobacco product-related brand elements and promotional activities;

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

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

Marginal note:Designation of inspectors and analysts

• 34. (1) The Minister may designate any person or class of persons as an inspector or analyst for the purposes of this Act and must provide every inspector and analyst with a certificate of designation, in the form determined by the Minister.

• Marginal note:Certificate must be produced

  (2) An inspector entering a place under this Act must, on request, show the certificate to the person in charge of the place.

Marginal note:Places inspectors may enter

• 35. (1) For the purpose of ensuring compliance with this Act, an inspector may, subject to section 36, at any reasonable time, enter any place, other than a means of transportation, in which the inspector believes on reasonable grounds

  • (a) a tobacco product is manufactured, tested, stored, packaged, labelled or sold;

  • (b) there is anything used in the manufacture, testing, packaging, labelling, promotion or sale of a tobacco product; or

  • (c) there is any information relating to the manufacture, testing, packaging, labelling, promotion or sale of a tobacco product.

• Marginal note:Powers of inspector

  (2) In carrying out an inspection, an inspector may

  • (a) examine a tobacco product or thing referred to in paragraph (1)(b);

  • (b) require any person in the place to produce for inspection, in the manner and form requested by the inspector, the tobacco product or thing;

  • (c) open or require any person in the place to open any container or package found in the place that the inspector believes on reasonable grounds contains the tobacco product or thing;

  • (d) take or require any person in the place to produce a sample of the tobacco product or thing;

  • (e) conduct any test or analysis or take any measurements; or

  • (f) require any person found in the place to produce for inspection or copying any written or electronic information that is relevant to the administration or enforcement of this Act.

• Marginal note:Use of computers and copying equipment

  (3) In carrying out an inspection, an inspector may

  • (a) use or cause to be used any computer system in the place to examine data contained in or available to the computer system that is relevant to the administration or enforcement of this Act;

  • (b) reproduce the data in the form of a print-out or other intelligible output and take it for examination or copying; and

  • (c) use or cause to be used any copying equipment in the place to make copies of any data, record or document.