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Cracking Down on Tobacco Marketing Aimed at Youth Act (S.C. 2009, c. 27)

Assented to 2009-10-08

Cracking Down on Tobacco Marketing Aimed at Youth Act

S.C. 2009, c. 27

Assented to 2009-10-08

An Act to amend the Tobacco Act

SUMMARY

This enactment amends the Tobacco Act to provide additional protection for youth from tobacco marketing. It repeals the exception that permits tobacco advertising in publications with an adult readership of not less than 85%. It prohibits the packaging, importation for sale, distribution and sale of little cigars and blunt wraps unless they are in a package that contains at least 20 little cigars or blunt wraps. It also prohibits the manufacture and sale of cigarettes, little cigars and blunt wraps that contain the additives set out in a new schedule to that Act, as well as the packaging of those products in a manner that suggests that they contain a prohibited additive. It also prohibits the manufacture and sale of tobacco products unless all of the required information about their composition is submitted to the Minister.

Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:

ALTERNATIVE TITLE

Marginal note:Alternative title

 This Act may be cited as the Cracking Down on Tobacco Marketing Aimed at Youth Act.

1997, c. 13TOBACCO ACT

  •  (1) The definition “package” in section 2 of the Tobacco Act is repealed.

  • (2) Section 2 of the Act is amended by adding the following in alphabetical order:

    “additive”

    « additif »

    “additive” means an ingredient other than tobacco leaves.

    “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.

    “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.

    “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.

 The Act is amended by adding the following after section 2:

GOVERNOR IN COUNCIL’S POWERS

Marginal note:Regulations — little cigar
  • 2.1 (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.

 The Act is amended by adding the following after section 5:

Marginal note:Prohibition — manufacture
  • 5.1 (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.

 The Act is amended by adding the following after section 5.1:

Marginal note:Prohibition — sale
  • 5.2 (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).

 Section 6 of the Act is replaced by the following:

Marginal note:Information required from manufacturer
  • 6. (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.

 The Act is amended by adding the following after section 6:

Marginal note:Prohibition

6.1 Subject to the regulations, no manufacturer shall manufacture or sell a tobacco product unless all of the information required under section 6 that relates to the product’s composition and ingredients is submitted to the Minister.

  •  (1) The portion of section 7 of the Act before paragraph (e) is replaced by the following:

    Marginal note:Regulations

    7. 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

  • (2) Paragraph 7(e) of the French version of the Act is replaced by the following:

    • e) prévoyant toute autre mesure nécessaire à l’application de la présente partie.

 The Act is amended by adding the following after section 7:

Marginal note:Amendment of schedule
  • 7.1 (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.

 Section 10 of the Act is replaced by the following:

Marginal note:Minimum number of products in package
  • 10. (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.

 Subsection 22(2) of the Act is amended by adding “or” at the end of paragraph (a) and by repealing paragraph (b).

  •  (1) The Act is amended by adding the following after section 23:

    Marginal note:Prohibited additives — packaging
    • 23.1 (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.

  • (2) Section 23.1 of the Act is amended by adding the following after subsection (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).

 Subsection 26(2) of the Act is replaced by the following:

  • 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).

  •  (1) The Act is amended by adding the following after section 43:

    Marginal note:Prohibited additives — manufacturer

    43.1 Every manufacturer who contravenes subsection 5.1(1) or 23.1(1) is guilty of an offence and liable on summary conviction to a fine not exceeding $300,000 or to imprisonment for a term not exceeding two years, or to both.

  • (2) Section 43.1 of the Act is replaced by the following:

    Marginal note:Prohibited additives — manufacturer

    43.1 Every manufacturer who contravenes subsection 5.1(1), 5.2(1) or 23.1(1) or (2) is guilty of an offence and liable on summary conviction to a fine not exceeding $300,000 or to imprisonment for a term not exceeding two years, or to both.

    Marginal note:Prohibited additives — retailer

    43.2 Every retailer who contravenes subsection 5.2(1) or 23.1(2) is guilty of an offence and liable on summary conviction to a fine not exceeding $50,000.

 Section 44 of the Act is replaced by the following:

Marginal note:Summary offence

44. Every person who contravenes subsection 6(1) or (2), 10(1) or (2), 26(1) or (2) or 31(1) or (3), section 32 or subsection 38(1) or (2) is guilty of an offence and liable on summary conviction to a fine not exceeding $50,000 or to imprisonment for a term not exceeding six months, or to both.

 The Act is amended by adding the following after section 44:

Marginal note:Prohibited manufacture or sale

44.1 Every manufacturer who contravenes section 6.1 is guilty of an offence and liable on summary conviction to a fine not exceeding $50,000 or to imprisonment for a term not exceeding six months, or to both.

 The Act is amended by adding, after section 66, the schedule set out in the schedule to this Act.

COMING INTO FORCE

Marginal note:After royal assent — 180 days
  •  (1) Sections 2 to 4, 9 and 10, subsections 12(1) and 14(1) and section 17 come into force 180 days after the day on which this Act receives royal assent.

  • Marginal note:After royal assent — 270 days

    (2) Section 5 and subsections 12(2) and 14(2) come into force 270 days after the day on which this Act receives royal assent.

  • Marginal note:Order in council

    (3) Sections 7 and 16 come into force on a day to be fixed by order of the Governor in Council.

SCHEDULE(Section 17)

SCHEDULE(Sections 5.1, 5.2, 7.1 and 23.1)PROHIBITED ADDITIVES

Column 1

Column 2

Item

Additive

Tobacco Product

 1.

Additives that have flavouring properties or that enhance flavour, including

  • – 
    additives identified as flavouring agents by the Joint FAO/WHO Expert Committee on Food Additives in the Committee’s evaluations, as published from time to time in the WHO Technical Report Series
  • – 
    additives identified as flavouring substances by the Flavor and Extract Manufacturers Association (FEMA) Expert Panel in its lists of GRAS (Generally Recognized as Safe) flavouring substances referred to as “GRAS 3” to “GRAS 24” and subsequent GRAS lists, as published from time to time, if any

The following additives are excluded:

  • – 
    benzoic acid (CAS 65-85-0) and its salts
  • – 
    butylated hydroxytoluene (CAS 128-37-0)
  • – 
    carboxy methyl cellulose (CAS 9000-11-7)
  • – 
    citric acid (CAS 77-92-9) and its salts
  • – 
    ethanol (CAS 64-17-5)
  • – 
    ethoxylated sorbitan monolaurate (CAS 9005-64-5)
  • – 
    fumaric acid (CAS 110-17-8)
  • – 
    glycerol (CAS 56-81-5)
  • – 
    guar gum (CAS 9000-30-0)
  • – 
    menthol (CAS 89-78-1)
  • – 
    l-menthol (CAS 2216-51-5)
  • – 
    l-menthone (CAS 14073-97-3)
  • – 
    n-propyl acetate (CAS 109-60-4)
  • – 
    paraffin wax (CAS 8002-74-2)
  • – 
    propylene glycol (CAS 57-55-6)
  • – 
    rosin glycerol ester (CAS 8050-31-5)
  • – 
    sodium acetate anhydrous (CAS 127-09-3)
  • – 
    sodium alginate (CAS 9005-38-3)
  • – 
    sorbic acid (CAS 110-44-1) and its salts
  • – 
    triacetin (CAS 102-76-1)
  • – 
    tributyl acetylcitrate (CAS 77-90-7)

Cigarettes, little cigars and blunt wraps

 2.

Amino acids

Cigarettes, little cigars and blunt wraps

 3.

Caffeine

Cigarettes, little cigars and blunt wraps

 4.

Colouring agents, excluding those used to whiten paper or the filter or to imitate a cork pattern on tipping paper

Cigarettes

 4.1

Colouring agents, excluding those used to whiten plug wrap paper, to render tipping paper brown or bronze or to imitate a cork pattern on tipping paper

Little cigars

 4.2

Colouring agents

Blunt wraps

 5.

Essential fatty acids

Cigarettes, little cigars and blunt wraps

 6.

Fruits, vegetables or any product obtained from the processing of a fruit or vegetable, excluding activated charcoal and starch

Cigarettes, little cigars and blunt wraps

 7.

Glucuronolactone

Cigarettes, little cigars and blunt wraps

 8.

Probiotics

Cigarettes, little cigars and blunt wraps

 9.

Spices, seasonings and herbs

Cigarettes, little cigars and blunt wraps

10.

Sugars and sweeteners, excluding starch

Cigarettes, little cigars and blunt wraps

11.

Taurine

Cigarettes, little cigars and blunt wraps

12.

Vitamins

Cigarettes, little cigars and blunt wraps

13.

Mineral nutrients, excluding those necessary to manufacture the tobacco product

Cigarettes, little cigars and blunt wraps

  • Note:  
    In column 1, “FAO” means Food and Agriculture Organization of the United Nations; “WHO” means World Health Organization; “CAS” means Chemical Abstracts Service registry number.
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