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An Act to amend the Tobacco Act and the Non-smokers’ Health Act and to make consequential amendments to other Acts (S.C. 2018, c. 9)

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Assented to 2018-05-23

Table of Contents

An Act to amend the Tobacco Act and the Non-smokers’ Health Act and to make consequential amendments to other Acts

S.C. 2018, c. 9

Assented to 2018-05-23

An Act to amend the Tobacco Act and the Non-smokers’ Health Act and to make consequential amendments to other Acts

SUMMARY

Part 1 of this enactment amends the Tobacco Act. In order to respond to the report of the House of Commons’ Standing Committee on Health entitled Vaping: Toward a Regulatory Framework for E-Cigarettes, it amends the Act to regulate the manufacture, sale, labelling and promotion of vaping products and changes the title of the Act accordingly. It also amends certain provisions of the Act relating to tobacco products, including with respect to product standards, disclosure of product information, product sale, sending and delivery and product promotion. The schedule to the Act is amended to add menthol and cloves as prohibited additives in all tobacco products. As well, it adds new provisions to the Act, including in respect of inspection and seizure.

Part 1 also makes consequential amendments to the Food and Drugs Act and the Canada Consumer Product Safety Act.

Part 2 of this enactment amends the Non-smokers’ Health Act to regulate the use of vaping products in the federal workplace and on certain modes of transportation.

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

PART 11997, c. 13Tobacco Act

Amendments to the Act

1 The long title of the Tobacco Act is replaced by the following:

An Act to regulate the manufacture, sale, labelling and promotion of tobacco products and vaping products

2 Section 1 of the Act is replaced by the following:

Marginal note:Short title

1 This Act may be cited as the Tobacco and Vaping Products Act.

Marginal note:2009, c. 27, s. 2(2)

3 (1) The definitions accessory, additive, emission, ingredient, manufacture, manufacturer, retailer, sell and tobacco product in section 2 of the Act are replaced by the following:
accessory
accessory means a product that may be used in the consumption of a tobacco product, including a pipe, cigarette holder, cigar clip, lighter and matches, and also means a water pipe. (accessoire)
additive
additive, in respect of tobacco products, means an ingredient other than tobacco leaves. (additif)
emission
emission means a substance that is produced when a tobacco product or vaping product is used. (émission)
ingredient
ingredient means any substance used in the manufacture of a tobacco product, vaping product or their components, including any substance used in the manufacture of that substance, and, in respect of a tobacco product, also includes tobacco leaves. (ingrédient)
manufacture
manufacture, in respect of a tobacco product or vaping product, includes the manufacture of a tobacco product or vaping product for export, as well as the packaging, labelling, distributing and importing of a tobacco or vaping product for sale in Canada. (fabriquer)
manufacturer
manufacturer, in respect of a tobacco product or vaping product, includes any entity that is associated with a manufacturer, including an entity that controls or is controlled by the manufacturer or that is controlled by the same entity that controls the manufacturer. (fabricant)
retailer
retailer means a person who is engaged in a business that includes the sale of tobacco products or vaping products to consumers. (détaillant)
sell
sell includes offer for sale, expose for sale and sell for export. (vendre)
tobacco product
tobacco product means a product made in whole or in part of tobacco, including tobacco leaves. It includes papers, tubes and filters intended for use with that product, a device, other than a water pipe, that is necessary for the use of that product and the parts that may be used with the device. (produit du tabac)
Marginal note:2009, c. 27, s. 2(2)
(2) The portion of the definition little cigar in section 2 of the English version of the Act after paragraph (d) is replaced by the following:
It includes any tobacco product that is designated by the regulations to be a little cigar. (petit cigare)
(3) Section 2 of the Act is amended by adding the following in alphabetical order:
lifestyle advertising
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)
vaping product
vaping product means
(a) a device that produces emissions in the form of an aerosol and is intended to be brought to the mouth for inhalation of the aerosol;
(b) a device that is designated to be a vaping product by the regulations;
(c) a part that may be used with those devices; and
(d) a substance or mixture of substances, whether or not it contains nicotine, that is intended for use with those devices to produce emissions.
It does not include devices and substances or mixtures of substances that are excluded by the regulations, tobacco products or their accessories. (produit de vapotage)

Marginal note:2009, c. 27, s. 3

4 Subsection 2.1(1) of the Act is replaced by the following:

Marginal note:Regulations — little cigar and vaping product

2.1 (1) The Governor in Council may make regulations
- (a) designating any tobacco product to be a little cigar for the purpose of the definition little cigar;
- (b) designating any device to be a vaping product or not to be a vaping product for the purpose of the definition vaping product; and
- (c) designating any substance or mixture of substances not to be a vaping product for the purpose of the definition vaping product.

5 Section 4 of the Act is replaced by the following:

Marginal note:Purpose of Act

4 (1) The purpose of this Act is to provide a legislative response to a national public health problem of substantial and pressing concern and to protect the health of Canadians in light of conclusive evidence implicating tobacco use in the incidence of numerous debilitating and fatal diseases.
Marginal note:Tobacco products
(2) The purpose of this Act with respect to tobacco products is to support the objectives set out in subsection (1) and, in particular,
- (a) to protect young persons and others from inducements to use tobacco products and the consequent dependence on them;
- (b) to protect the health of young persons by restricting access to tobacco products;
- (c) to prevent the public from being deceived or misled with respect to the health hazards of using tobacco products; and
- (d) to enhance public awareness of those hazards.
Marginal note:Vaping products
(3) The purpose of this Act with respect to vaping products is to support the objectives set out in subsection (1), to prevent vaping product use from leading to the use of tobacco products by young persons and non-users of tobacco products and, in particular,
- (a) to protect young persons and non-users of tobacco products from inducements to use vaping products;
- (b) to protect the health of young persons and non-users of tobacco products from exposure to and dependence on nicotine that could result from the use of vaping products;
- (c) to protect the health of young persons by restricting access to vaping products;
- (d) to prevent the public from being deceived or misled with respect to the health hazards of using vaping products; and
- (e) to enhance public awareness of those hazards.

6 Section 5 of the Act is replaced by the following:

Marginal note:Product standards

5 No manufacturer shall manufacture or sell a tobacco product that does not conform with the standards established by the regulations.

Marginal note:2009, c. 27, s. 4

7 (1) Subsection 5.1(1) of the Act is replaced by the following:
Marginal note:Prohibition — manufacture
- 5.1 (1) No manufacturer 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:2009, c. 27, s. 4
(2) Subsection 5.1(2) of the Act is repealed.

Marginal note:2009, c. 27, s. 5

8 Section 5.2 of the Act is replaced by the following:

Marginal note:Prohibition — sale

5.2 No manufacturer shall sell a tobacco product set out in column 2 of Schedule 1 that contains an additive set out in column 1.

Marginal note:Marking

5.3 (1) No person shall manufacture or sell a tobacco product that displays a marking, unless the marking is authorized by the regulations.
Marginal note:Exception
(2) A person who manufactures or sells a tobacco product that displays a marking does not contravene subsection (1) if the marking is required under an Act of the legislature of a province.
Marginal note:Additive
(3) Despite sections 5.1 and 5.2, a manufacturer may use a prescribed additive to display on a tobacco product a marking that is authorized by the regulations or that is required under an Act of the legislature of a province and may sell a tobacco product that displays such a marking.

Marginal note:2009, c. 27, s. 6

9 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 form and 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: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 in the form and manner and within the time specified by the Minister.

Marginal note:Public disclosure by manufacturer

6.1 Every manufacturer shall make available to the public, in the prescribed form and manner and within the prescribed time, information that is required by the regulations about tobacco products and their emissions.

Marginal note:Public disclosure by Minister

6.2 The Minister shall make available to the public, 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.

Marginal note:Non-application

6.3 Sections 6.1 and 6.2 do not apply in respect of tobacco products that have never been for sale in Canada.

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

Marginal note:Prohibition

6.01 Subject to the regulations, no manufacturer shall sell a tobacco product unless the information required under subsection 6(1) with respect to that product is submitted to the Minister.

Marginal note:2009, c. 27, s. 8(1)

11 (1) Paragraph 7(a) of the Act is replaced by the following:
- (a) establishing standards respecting the characteristics of tobacco products and their emissions, including the sensory attributes — such as appearance and shape — of the products and their emissions, the dimensions, weight, components and performance of the products, and the amounts and concentrations of substances that may be contained in the products or their emissions;
(2) Section 7 of the Act is amended by adding the following after paragraph (b):
- (b.1) respecting markings that may be displayed on tobacco products;
Marginal note:2009, c. 27, s. 8(1)
(3) Paragraphs 7(c) and (c.1) of the Act are replaced by the following:
- (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, materials, 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, materials, health effects, hazardous properties and brand elements;
Marginal note:2009, c. 27, s. 8(1)
(4) Paragraph 7(c.3) of the Act is repealed.
(5) Section 7 of the Act is amended by adding the following after paragraph (c.2):
- (c.3) respecting the prohibition under section 6.01, including providing for the suspension of the sale of a tobacco product;
(6) Section 7 of the Act is amended by adding the following after paragraph (d):
- (d.01) prescribing, for the purposes of section 6.1, information that manufacturers must make available to the public, including information referred to in paragraph (c);
- (d.02) prescribing, for the purposes of section 6.2, information that the Minister must make available to the public, including information referred to in paragraphs (c) and (c.1);

12 The Act is amended by adding the following after section 7.1:

PART I.1Vaping Products

Marginal note:Product standards

7.2 No manufacturer shall manufacture or sell a vaping product that does not conform with the standards established by the regulations.

Marginal note:Information required from manufacturer

7.3 (1) Every manufacturer shall submit to the Minister, in the prescribed form and manner and within the prescribed time, information that is required by the regulations about vaping products, their emissions and any research and development related to vaping products and their emissions, whether the vaping products are for sale or not.
Marginal note: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 in the form and manner and within the time specified by the Minister.

Marginal note:Prohibition

7.4 Subject to the regulations, no manufacturer shall sell a vaping product unless the information required under subsection 7.3(1) with respect to that product is submitted to the Minister.

Marginal note:Public disclosure by manufacturer

7.5 Every manufacturer shall make available to the public, in the prescribed form and manner and within the prescribed time, information that is required by the regulations about vaping products and their emissions.

Marginal note:Public disclosure by Minister

7.6 The Minister shall make available to the public, in the prescribed manner and within the prescribed time, information that is required by the regulations about vaping products, their emissions and any research and development related to vaping products and their emissions.

Marginal note:Non-application

7.7 Sections 7.5 and 7.6 do not apply in respect of vaping products that have never been for sale in Canada.

Marginal note:Regulations

7.8 The Governor in Council may make regulations

(a) establishing standards respecting the characteristics of vaping products and their emissions, including the functions and the performance of the products, the sensory attributes — such as appearance and shape — of the products and their emissions, and the amounts and concentrations of substances that may be contained in the products or their emissions;
(b) respecting test methods, including methods to assess conformity with the standards;
(c) prescribing information that manufacturers must submit to the Minister about vaping products and their emissions, including sales data and information on market research, product composition, ingredients, materials, health effects, hazardous properties and brand elements;
(d) prescribing information that manufacturers must submit to the Minister about research and development related to vaping products and their emissions, including information on market research, product composition, ingredients, materials, health effects, hazardous properties and brand elements;
(e) respecting requests for supplementary information under subsection 7.3(2);
(f) respecting the prohibition under section 7.4, including providing for the suspension of the sale of a vaping product;
(g) prescribing the means, including electronic means, by which the information referred to in paragraphs (c) to (e) may be submitted to the Minister;
(h) prescribing, for the purposes of section 7.5, information that manufacturers must make available to the public, including information referred to in paragraph (c);
(i) prescribing, for the purposes of section 7.6, information that the Minister must make available to the public, including information referred to in paragraphs (c) and (d);
(j) prescribing anything that by this Part is to be prescribed; and
(k) generally for carrying out the purposes of this Part.

13 The Act is amended by adding the following after section 7.2:

Marginal note:Prohibition — manufacture

7.21 No manufacturer shall use an ingredient set out in column 1 of Schedule 2 in the manufacture of a vaping product set out in column 2.

Marginal note:Prohibition — sale

7.22 No manufacturer shall sell a vaping product set out in column 2 of Schedule 2 that contains an ingredient set out in column 1.

Marginal note:Amendment of Schedule 2

7.23 (1) The Governor in Council may, by order, amend Schedule 2 by adding, amending or deleting
- (a) the name or description of an ingredient or vaping product; or
- (b) a reference to all vaping products, with or without exceptions.
Marginal note:Description
(2) An ingredient or vaping 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.
Marginal note:Operation of amendments suspended
(3) An order made under subsection (1) may provide that the operation of the amendments to Schedule 2 is suspended with respect to retailers for a period of 30 days after the day on which the order comes into force.
Marginal note:Consequences of suspension
(4) During the period in which the operation of the amendments is suspended with respect to retailers,
- (a) Schedule 2, as it read immediately before the coming into force of the order, continues to apply with respect to retailers; and
- (b) no other amendment to Schedule 2 is to come into force.

14 (1) Subsection 8(1) of the Act is replaced by the following:
Marginal note:Furnishing products to young persons
- 8 (1) No person shall furnish a tobacco product or vaping product to a young person in a public place or in a place to which the public has access.
(2) Subsection 8(2) of the Act is replaced by the following:
- Marginal note:Defence
  (2) A person shall not be found guilty of having contravened subsection (1) if it is established that they attempted to verify, in accordance with the regulations, that the person was at least 18 years of age.

15 (1) Section 9 of the Act is replaced by the following:
Marginal note:Sending and delivering to young persons
- 9 (1) No person shall send or deliver a tobacco product or vaping product to a young person.
- Marginal note:Defence — sender
  (2) A person shall not be found guilty of having contravened subsection (1) for having sent a tobacco product or vaping product to a young person if it is established that the person
  - (a) informed the person delivering the product of its nature and of the prohibition on its delivery to a young person; and
  - (b) instructed the person delivering the product to verify that the person taking delivery of it was at least 18 years of age by asking for and examining a piece of identification issued by a federal or provincial authority or a foreign government and containing that person’s name, photograph, date of birth and signature.
- Marginal note:Defence — person making delivery
  (3) A person shall not be found guilty of having contravened subsection (1) for having delivered a tobacco product or vaping product to a young person if it is established that the person
  - (a) verified that the person taking delivery of the product was at least 18 years of age by asking for and examining a piece of identification issued by a federal or provincial authority or a foreign government and containing that person’s name, photograph, date of birth and signature; and
  - (b) believed on reasonable grounds that the piece of identification was authentic.
Marginal note:Tobacco products — interprovincial sending and delivering
- 9.1 (1) No person shall, for consideration, send or deliver a tobacco product from one province to another unless the sending or delivery is between manufacturers or retailers or is exempted from the application of this section by the regulations.
- Marginal note:Advertising an offer
  (2) No person shall advertise an offer to send or deliver a tobacco product from one province to another.
(2) Paragraph 9(2)(b) of the Act is replaced by the following:
- (b) instructed the person delivering the product to verify, in accordance with the regulations, that the person taking delivery of it is at least 18 years of age.
(3) Subsection 9(3) of the Act is replaced by the following:
- Marginal note:Defence — person making delivery
  (3) A person shall not be found guilty of having contravened subsection (1) for having delivered a tobacco product or vaping product to a young person if it is established that the person verified, in accordance with the regulations, that the person taking delivery of the product was at least 18 years of age.

16 Section 10 of the Act is amended by adding the following after subsection (2):

Marginal note:Vaping products
(3) No person shall import for sale in Canada, package, distribute or sell a vaping product that is prescribed for the purposes of this subsection, except in a package that contains a number or quantity of the vaping product that meets the prescribed requirements.

17 Section 12 of the Act is replaced by the following:

Marginal note:Dispensing device

12 Subject to the regulations, no person shall furnish or permit the furnishing of a tobacco product or vaping product by means of a dispensing device.

18 Section 13 of the Act is replaced by the following:

Marginal note:Prescription vaping products

13 (1) Subsections 8(1), 9(1) and 10(3) do not apply in respect of
- (a) a prescription vaping product; or
- (b) a device, within the meaning of section 2 of the Food and Drugs Act, that is the subject of an authorization issued under that Act authorizing its sale for use with a prescription vaping product.
Marginal note:Definition of prescription
(2) In this section, prescription, in respect of a vaping product, means
- (a) that the product
  - (i) contains a drug that is set out in the prescription drug list, as amended from time to time, established under subsection 29.1(1) of the Food and Drugs Act, or a drug that is part of a class of drugs that is set out in that list, and
  - (ii) is the subject of an authorization issued under that Act authorizing its sale; or
- (b) that the product contains a controlled substance, as defined in subsection 2(1) of the Controlled Drugs and Substances Act, the sale or provision of which is authorized under that Act.

19 (1) Paragraph 14(a) of the Act is replaced by the following:
- (a) respecting the verifications referred to in subsection 8(2), paragraph 9(2)(b) and subsection 9(3);
(2) Paragraphs 14(b) to (d) of the Act are replaced by the following:
- (a.1) respecting exemptions to the prohibition under subsection 9.1(1);
- (b) prescribing tobacco products for the purposes of subsection 10(2) and prescribing vaping products for the purposes of subsection 10(3);
- (c) respecting, for the purposes of subsection 10(3), the number or quantity of a vaping product that a package must contain, including minimum and maximum numbers or quantities;
- (d) exempting persons from the application of section 11;
(3) Paragraph 14(e) of the Act is replaced by the following:
- (e) respecting exceptions to the prohibition under section 12;

20 (1) Subsection 15(1) of the Act is replaced by the following:
Marginal note:Information — sale of tobacco products
- 15 (1) No manufacturer or retailer shall sell a tobacco product unless the product and the package containing it display, 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 and from its emissions.
(2) Section 15 of the Act is amended by adding the following after subsection (1):
- Marginal note:Information — packaging of tobacco products
  (1.1) No manufacturer shall package a tobacco product unless the product and the package containing it display, 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 and from its emissions.
(3) Subsections 15(2) and (3) of the Act are replaced by the following:
- Marginal note:Information — leaflet
  (2) If required by the regulations, every manufacturer or retailer shall provide with a tobacco product, in the prescribed form and manner, a leaflet that displays 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 and from its emissions.

21 Section 16 of the Act is replaced by the following:

Marginal note:Information — sale of vaping products

15.1 (1) No manufacturer or retailer shall sell a vaping product unless the product and the package containing it display, 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 and from its emissions.
Marginal note:Information — manufacture of vaping products
(2) No person shall manufacture a vaping product unless the product 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 and from its emissions.
Marginal note:Information — packaging of vaping products
(3) No person shall package a vaping 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 and from its emissions.
Marginal note:Information — leaflet or tag
(4) If required by the regulations, every manufacturer or retailer shall provide with a vaping product, in the prescribed form and manner, a leaflet or tag that displays 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 and from its emissions.

Marginal note:Attribution

15.2 The information referred to in sections 15 and 15.1 may be attributed to a person or body designated by the regulations if the attribution is made in the prescribed form and manner.

Marginal note:Display of information — tobacco product package

15.3 (1) No manufacturer or retailer shall sell a tobacco product if the package displays information in a manner that is contrary to the regulations.
Marginal note:Provision of information — other
(2) No manufacturer or retailer shall provide, in a manner that is contrary to the regulations, written information with a tobacco product.

Marginal note:For greater certainty

16 For greater certainty, this Part does not affect any obligation of a manufacturer or retailer at law or under an Act of Parliament or of the legislature of a province to warn consumers of the health hazards and health effects arising from the use of tobacco products or vaping products and from their emissions.

22 Paragraph 17(a) of the Act is replaced by the following:

(a) respecting the information that must appear on tobacco products and tobacco product packages and in leaflets about tobacco products and their emissions and about the health hazards and health effects arising from the use of the products and from their emissions;
(a.1) respecting the information that must appear on vaping products or on vaping product packages and in leaflets or on tags about vaping products and their emissions and about the health hazards and health effects arising from the use of the products and from their emissions;
(a.2) respecting, for the purposes of section 15.3, the manner of displaying or providing information, including the form and placement of the information;

23 (1) The portion of subsection 18(2) of the Act before paragraph (a) is replaced by the following:
- Marginal note:Application of Division 1
  (2) Division 1 of this Part does not apply to
(2) Paragraph 18(2)(a) of the English version of the Act is replaced by the following:
- (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 by a manufacturer or retailer, directly or indirectly, for that use or depiction in the work, production or performance;
(3) Section 18 of the Act is amended by adding the following after subsection (2):
- Marginal note:Application of Division 2
  (3) Division 2 of 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 vaping product or vaping product-related brand element, whatever the mode or form of its expression, if no consideration is given by a manufacturer or retailer, directly or indirectly, for that use or depiction in the work, production or performance;
  - (b) a report, commentary or opinion in respect of a vaping product or a brand of vaping product if no consideration is given by a manufacturer or retailer, directly or indirectly, for the reference to the vaping product or brand in that report, commentary or opinion; or
  - (c) a promotion by a manufacturer that is directed at manufacturers, persons who distribute vaping products or retailers but not, either directly or indirectly, at consumers.

24 The Act is amended by adding the following after section 18:

DIVISION 1Tobacco Products

25 Section 19 of the Act is replaced by the following:

Marginal note:Prohibition

19 No person shall promote a tobacco product or a tobacco product-related brand element, including by means of the packaging, except as authorized by the provisions of this Act or of the regulations.

26 Section 20 of the Act is replaced by the following:

Marginal note:False promotion

20 (1) No person shall promote a tobacco product, including by means of the packaging, in a manner that is false, misleading or deceptive with respect to, or that is likely to create an erroneous impression about, the characteristics, health effects or health hazards of the tobacco product or its emissions.
Marginal note:Considerations
(2) The general impression conveyed by a promotion and the literal meaning of any statement contained in a promotion shall be taken into account in determining whether a promotion is made in a manner that is misleading or deceptive with respect to, or is likely to create an erroneous impression about, the characteristics, health effects or health hazards of the tobacco product or its emissions.

27 The Act is amended by adding the following after section 20:

Marginal note:Comparison and prohibited elements

20.1 No person shall promote a tobacco product, including by means of the packaging,

(a) in a manner that could cause a person to believe that the product or its emissions are less harmful than other tobacco products or their emissions; or
(b) by using terms, expressions, logos, symbols or illustrations that are prohibited by the regulations.

28 (1) Subsection 21(1) of the Act is replaced by the following:
Marginal note:Testimonials or endorsements
- 21 (1) No person shall promote a tobacco product through a testimonial or an endorsement, however displayed or communicated, including by means of the packaging.
(2) Subsection 21(3) of the Act is repealed.

29 (1) Subsection 22(1) of the Act is replaced by the following:
Marginal note:Advertising
- 22 (1) Subject to this section, no person shall promote a tobacco product by means of advertising that depicts, in whole or in part, a tobacco product, its package or a tobacco product-related brand element or that evokes a tobacco product or a tobacco product-related brand element.
(2) Paragraph 22(2)(a) of the Act is replaced by the following:
- (a) a publication that is addressed and sent to an adult who is identified by name; or
(3) Subsection 22(3) of the Act is replaced by the following:
- Marginal note:Lifestyle advertising
  (3) Subsection (2) does not apply to lifestyle advertising or advertising for which there are reasonable grounds to believe that it could be appealing to young persons.
(4) The definition lifestyle advertising in subsection 22(4) of the Act is repealed.

30 Section 23 of the Act is replaced by the following:

Marginal note:Packaging

23 (1) No person shall package a tobacco product in a manner that is contrary to the provisions of this Act or of the regulations.
Marginal note:Prohibition — sale
(2) No person shall sell a tobacco product that is packaged in a manner that is contrary to the provisions of this Act or of the regulations.

Marginal note:2009, c. 27, s. 12(1)

31 Subsection 23.1(1) of the Act is replaced by the following:

Marginal note:Prohibited additives — packaging

23.1 (1) No person shall package a tobacco product set out in column 2 of Schedule 1 in a manner, including by means of a brand element, that could cause a person to believe that it contains an additive set out in column 1.

32 The Act is amended by adding the following after section 23.1:

Marginal note:Prohibition — vaping product-related brand element

23.2 (1) No person shall display a vaping product-related brand element on the package of a tobacco product.
Marginal note:Prohibition — sale
(2) No person shall sell a tobacco product if a vaping product-related brand element is displayed on its package.

Marginal note:Functions and sensory attributes

23.3 No person shall promote or sell a device that is a tobacco product or a part that may be used with such a device, whether or not the device or part contains tobacco, if the device or part has an appearance, shape or other sensory attribute or a function for which there are reasonable grounds to believe that it could make the device or part appealing to young persons.

Marginal note:1998, c. 38, ss. 1 and 2(1)

33 Sections 24 and 25 of the Act are replaced by the following:

Marginal note:Sponsorship promotion

24 (1) No person shall promote a tobacco product-related brand element or the name of a tobacco product manufacturer in a manner that is likely to create an association between the brand element or the name and a person, entity, event, activity or permanent facility.
Marginal note:Promotional material
(2) No person shall use, directly or indirectly, a tobacco product-related brand element or the name of a tobacco product manufacturer in the promotional material related to a person, entity, event, activity or permanent facility.

Marginal note:Name of facility

25 No person shall display a tobacco product-related brand element or the name of a tobacco product manufacturer on a permanent facility, as part of the name of the facility or otherwise, if the facility is used for a sports or cultural event or activity.

34 Sections 27 and 28 of the Act are replaced by the following:

Marginal note:Brand element — thing or service

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

(a) the thing or service is associated with young persons;
(b) there are reasonable grounds to believe that the thing or service could be appealing to young persons; or
(c) the thing or service is associated with a way of life such as one that includes glamour, recreation, excitement, vitality, risk or daring.

Marginal note:Other things and services

28 (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 thing, other than a tobacco product or an accessory, or is used with a service, and the thing or service does not fall within the criteria described in paragraphs 27(a) to (c).
Marginal note:Promotion
(2) Subject to the regulations, a person may promote a thing, other than a tobacco product or an accessory, that displays a tobacco product-related brand element, or a service that uses a tobacco product-related brand element, if the thing or service does not fall within the criteria described in paragraphs 27(a) to (c).

35 (1) The portion of section 29 of the French version of the Act before paragraph (a) is replaced by the following:
Marginal note:Promotion des ventes
29 Il est interdit au fabricant et au détaillant de faire ou d’offrir de faire l’une des actions suivantes :
(2) Paragraphs 29(a) to (c) of the Act are replaced by the following:
- (a) provide or offer to provide any consideration, 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, draw, lottery or contest;
- (b) furnish or offer to 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 or offer to furnish an accessory that displays 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.

36 Section 30 of the Act is replaced by the following:

Marginal note:Point of sale display of tobacco products

30 (1) Subject to the regulations, a person may display, at the point of sale, a tobacco product or an accessory that displays a tobacco product-related brand element.
Marginal note:Signs
(2) A retailer of tobacco products may post, subject to the regulations, signs at the point of sale that indicate the availability of tobacco products and their price.
Marginal note:For greater certainty
(3) For greater certainty, subsection (1) does not authorize the display of a tobacco product that is packaged in a manner that is contrary to the provisions of this Act or of the regulations.

DIVISION 2Vaping Products

Marginal note:Advertising appealing to young persons

30.1 No person shall promote a vaping product, a vaping product-related brand element or a thing that displays a vaping product-related brand element by means of advertising if there are reasonable grounds to believe that the advertising could be appealing to young persons.

Marginal note:Lifestyle advertising

30.2 No person shall promote a vaping product, a vaping product-related brand element or a thing that displays a vaping product-related brand element by means of lifestyle advertising.

Marginal note:Sponsorship promotion

30.3 (1) No person shall promote a vaping product-related brand element or the name of a vaping product manufacturer in a manner that is likely to create an association between the brand element or the name and a person, entity, event, activity or permanent facility.
Marginal note:Promotional material
(2) No person shall use, directly or indirectly, a vaping product-related brand element or the name of a vaping product manufacturer in the promotional material related to a person, entity, event, activity or permanent facility.

Marginal note:Name of facility

30.4 No person shall display a vaping product-related brand element or the name of a vaping product manufacturer on a permanent facility, as part of the name of the facility or otherwise, if the facility is used for a sports or cultural event or activity.

Marginal note:Giving or offering to give

30.5 Subject to the regulations, no manufacturer or retailer shall give or offer to give

(a) a vaping product; or
(b) a thing that displays a vaping product-related brand element if
- (i) the thing is associated with young persons,
- (ii) there are reasonable grounds to believe that the thing could be appealing to young persons, or
- (iii) the thing is associated with a way of life such as one that includes glamour, recreation, excitement, vitality, risk or daring.

Marginal note:Sales promotions — offering consideration

30.6 (1) No manufacturer or retailer shall, in a place to which young persons have access,
- (a) offer to provide any consideration, for the purchase of a vaping product, including a gift to a purchaser or a third party, bonus, premium, cash rebate or right to participate in a game, draw, lottery or contest; or
- (b) offer to furnish a vaping product in consideration of the purchase of a product or service or the performance of a service.
Marginal note:Sales promotions — providing consideration
(2) No manufacturer or retailer shall, in a place other than a retail establishment where vaping products are ordinarily sold,
- (a) provide any consideration, for the purchase of a vaping product, including a gift to a purchaser or a third party, bonus, premium, cash rebate or right to participate in a game, draw, lottery or contest; or
- (b) furnish a vaping product in consideration of the purchase of a product or service or the performance of a service.

Marginal note:Advertising — required information

30.7 No person shall promote a vaping product or a vaping product-related brand element by means of advertising unless it conveys, 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 and from its emissions.

Marginal note:Advertising — regulations

30.701 No person shall promote a vaping product or a vaping product-related brand element by means of advertising done in a manner that is contrary to the regulations.

Marginal note:Point of sale promotion

30.8 No person shall promote, at the point of sale, a vaping product or a vaping product-related brand element, including by means of the packaging, in a manner that is contrary to the regulations.

DIVISION 3Miscellaneous Provisions

37 The Act is amended by adding the following after section 30.2:

Marginal note:Testimonials or endorsements

30.21 (1) No person shall promote a vaping product through a testimonial or an endorsement, however displayed or communicated, including by means of the packaging.
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.

38 The Act is amended by adding the following after section 30.4:

Marginal note:Functions and sensory attributes

30.41 No person shall promote or sell a vaping product that has an appearance, shape or other sensory attribute or a function for which there are reasonable grounds to believe that it could make the product appealing to young persons.

Marginal note:False promotion

30.42 (1) No person shall promote a vaping product, including by means of the packaging,
- (a) in a manner that is false, misleading or deceptive with respect to, or that is likely to create an erroneous impression about, the characteristics, health effects or health hazards of the vaping product or its emissions;
- (b) by using terms, expressions, logos, symbols or illustrations that are prohibited by the regulations; or
- (c) by using, in a manner that is contrary to the regulations, prescribed terms, expressions, logos, symbols or illustrations.
Marginal note:Considerations
(2) The general impression conveyed by a promotion and the literal meaning of any statement contained in a promotion shall be taken into account in determining whether a promotion is made in a manner that is misleading or deceptive with respect to, or is likely to create an erroneous impression about, the characteristics, health effects or health hazards of the vaping product or its emissions.

Marginal note:Health benefits

30.43 (1) Subject to subsection (3) and the regulations, no person shall promote a vaping product, including by means of the packaging, in a manner that could cause a person to believe that health benefits may be derived from the use of the product or from its emissions.
Marginal note:Comparisons
(2) Subject to subsection (3) and the regulations, no person shall promote a vaping product, including by means of the packaging, by comparing the health effects arising from the use of the product or from its emissions with those arising from the use of a tobacco product or from its emissions.
Marginal note:Exception
(3) Subsections (1) and (2) do not apply in respect of a vaping product that is the subject of an authorization, including a licence, issued under the Food and Drugs Act authorizing its sale.

Marginal note:Discouraging tobacco cessation

30.44 No person shall promote a vaping product, including by means of the packaging, if there are reasonable grounds to believe that the promotion could discourage tobacco cessation or encourage the resumed use of tobacco products.

Marginal note:Packaging

30.45 (1) No person shall package a vaping product in a manner that is contrary to the provisions of this Act or of the regulations.
Marginal note:Prohibition — sale
(2) No person shall sell a vaping product that is packaged in a manner that is contrary to the provisions of this Act or of the regulations.

Marginal note:Indication or illustration

30.46 (1) No person shall display on a vaping product or on its package an indication or illustration, including a brand element, that could cause a person to believe that the product is flavoured if there are reasonable grounds to believe that the indication or illustration could be appealing to young persons.
Marginal note:Prohibition — sale
(2) No person shall sell a vaping product if an indication or illustration referred to in subsection (1) is displayed on the product or on its package.

Marginal note:Prohibited ingredients

30.47 (1) No person shall promote a vaping product set out in column 2 of Schedule 2, including by means of the packaging, through an indication or illustration, including a brand element, that could cause a person to believe that the product contains an ingredient set out in column 1.
Marginal note:Prohibition — sale
(2) No person shall sell a vaping product set out in column 2 of Schedule 2 if an indication or illustration referred to in subsection (1) is displayed on the product or on its package.

Marginal note:Flavours

30.48 (1) No person shall promote a vaping product set out in column 2 of Schedule 3, including by means of the packaging, through an indication or illustration, including a brand element, that could cause a person to believe that the product has a flavour set out in column 1.
Marginal note:Prohibition — sale
(2) No person shall sell a vaping product set out in column 2 of Schedule 3 if an indication or illustration referred to in subsection (1) is displayed on the product or on its package.

Marginal note:Amendment of Schedule 3

30.49 (1) The Governor in Council may, by order, amend Schedule 3 by adding, amending or deleting
- (a) the name or description of a flavour or vaping product; or
- (b) a reference to all vaping products, with or without exceptions.
Marginal note:Description
(2) A flavour or vaping 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.
Marginal note:Operation of amendments suspended
(3) An order made under subsection (1) may provide that the operation of the amendments to Schedule 3 is suspended with respect to retailers for a period of 30 days after the day on which the order comes into force.
Marginal note:Consequences of suspension
(4) During the period in which the operation of the amendments is suspended with respect to retailers,
- (a) Schedule 3, as it read immediately before the coming into force of the order, continues to apply with respect to retailers; and
- (b) no other amendment to Schedule 3 is to come into force.

39 Subsection 30.43(1) of the Act is replaced by the following:

Marginal note:Health benefits

30.43 (1) Subject to subsection (3) and the regulations, no person shall promote a vaping product, including by means of the packaging, in a manner that could cause a person to believe that health benefits, within the meaning of the regulations, may be derived from the use of the product or from its emissions.

40 The Act is amended by adding the following after section 30.701:

Marginal note:Tobacco product-related brand element

30.71 No person shall furnish or promote a vaping product if a tobacco product-related brand element is displayed on the vaping product, on its package or in the advertising of the vaping product.

41 Subsection 31(3) of the Act is replaced by the following:

Marginal note:Foreign media
(3) No person in Canada shall, by means of a publication that is published outside Canada, a broadcast that originates outside Canada or any communication other than a publication or broadcast that originates outside Canada, promote any product the promotion of which is regulated under this Part, or disseminate promotional material that contains a tobacco product-related brand element or a vaping product-related brand element in a manner that is contrary to this Part.

42 Section 32 of the Act is replaced by the following:

Marginal note:Report to Minister

32 (1) Every manufacturer shall submit to the Minister, in the prescribed form and manner and within the prescribed time, information that is required by the regulations about any promotion referred to in paragraph 18(2)(c) or (3)(c) and about any promotion referred to in Division 1 or 2.
Marginal note: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 in the form and manner and within the time specified by the Minister.

43 The heading before section 33 of the Act is repealed.

44 (1) Paragraph 33(a) of the Act is replaced by the following:
- (a) respecting the promotion of tobacco products, the use and promotion of 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 things for the purposes of section 28;
(2) Section 33 of the Act is amended by adding the following after paragraph (a):
- (a.1) for the purposes of paragraph 20.1(b), prohibiting the use of terms, expressions, logos, symbols or illustrations in order to prevent the public from being deceived or misled with respect to the health effects or health hazards of tobacco products or their emissions;
(3) Paragraph 33(b) of the English version of the Act is replaced by the following:
- (b) respecting the advertising of tobacco products for the purposes of subsection 22(2);
(4) Paragraphs 33(e) to (j) of the Act are replaced by the following:
- (c) respecting, for the purposes of subsection 26(1), the manner in which a tobacco product-related brand element may appear on an accessory;
- (d) respecting the display of tobacco products and accessories at the point of sale;
- (e) respecting signs that a retailer may post under subsection 30(2), including the placement of the signs and their number, size and content;
- (f) respecting exceptions to the prohibition under section 30.5;
- (g) respecting, for the purposes of section 30.7, the information about vaping products and their emissions and about the health hazards and health effects arising from the use of the products and from their emissions that must be conveyed in advertising;
- (g.1) respecting, for the purposes of section 30.701, the advertising of vaping products and vaping product-related brand elements;
- (h) respecting, for the purposes of section 30.8, the promotion, at the point of sale, of vaping products and vaping product-related brand elements, including their display;
- (i) requiring manufacturers to disclose the particulars of their tobacco product-related and vaping product-related brand elements and promotional activities;
- (j) respecting requests for supplementary information under subsection 32(2);
- (k) prescribing anything that by this Part is to be prescribed; and
- (l) generally for carrying out the purposes of this Part.
(5) Section 33 of the Act is amended by adding the following after paragraph (e):
- (e.1) for the purposes of section 30.42, prohibiting or respecting the use of terms, expressions, logos, symbols or illustrations in order to prevent the public from being deceived or misled with respect to the health effects or health hazards of vaping products or their emissions;
- (e.2) respecting exceptions to the prohibitions under subsections 30.43(1) and (2);
- (e.3) respecting, for the purposes of section 30.45, the packaging of vaping products, including by prohibiting the display of terms, expressions, logos, symbols or illustrations on the package that could be appealing to young persons;
(6) Paragraph 33(e.2) of the Act is replaced by the following:
- (e.2) respecting exceptions to the prohibitions under subsections 30.43(1) and (2) and, for the purposes of subsection 30.43(1), what constitutes a health benefit;

45 The headings before section 34 and sections 34 to 36 of the Act are replaced by the following:

PART VAdministration and Enforcement

Inspection and Analysis

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 purpose of the administration and enforcement of this Act.
Marginal note:Certificate
(2) Every inspector and analyst shall be given a certificate, in a form established by the Minister, attesting to the inspector or analyst’s designation.
Marginal note:Certificate to be produced
(3) An inspector entering a place under this Act shall, on request, produce the certificate to the person in charge of that place.

Marginal note:Authority to enter place

35 (1) For a purpose related to verifying compliance with this Act, an inspector may, subject to section 36, enter any place, including a conveyance, in which the inspector believes on reasonable grounds
- (a) a tobacco product or vaping product is manufactured, tested, stored, promoted, transported or furnished;
- (b) there is anything used in the manufacture, testing, promotion or furnishing of a tobacco product or vaping product; or
- (c) there is any information relating to the manufacture, testing, storage, promotion, transporting or furnishing of a tobacco product or vaping product.
Marginal note:Powers of inspector
(2) An inspector may, for the purpose referred to in subsection (1),
- (a) examine a tobacco product, vaping product or thing referred to in paragraph (1)(b) that is found in the place;
- (b) order any person to produce for examination, in the manner and form requested by the inspector, the tobacco product, vaping product or thing;
- (c) open or order any person to open any container or package found in the place that the inspector believes on reasonable grounds contains the tobacco product, vaping product or thing;
- (d) take or order any person to take, free of charge, a sample of the tobacco product, vaping product or thing;
- (e) conduct any test or analysis or take any measurements;
- (f) order any person found in the place to produce for examination or copying any written or electronic information;
- (g) take photographs and make recordings and sketches;
- (h) order the owner or person having possession, care or control of the tobacco product, vaping product or thing — or of the conveyance — to move it or, for any time that may be necessary, not to move it or to restrict its movement;
- (i) order the owner or person in charge of the place or a person who manufactures, tests, stores, promotes, transports or furnishes a tobacco product or vaping product at the place to establish their identity to the inspector’s satisfaction;
- (j) use or order any person to use a computer system, as defined in subsection 342.1(2) of the Criminal Code, that is found in the place to examine data that are contained in or available to the computer system, reproduce the data or order any person to reproduce the data in the form of a printout or other intelligible output and remove the output for examination or copying; or
- (k) use or order any person to use copying equipment that is found in the place and remove the copies for examination.
Marginal note:Means of telecommunication
(3) For the purposes of subsections (1) and (2), the inspector is considered to have entered a place when they access it remotely by a means of telecommunication.
Marginal note:Limitation — access by means of telecommunication
(4) An inspector who enters remotely, by a means of telecommunication, a place that is not accessible to the public must do so with the knowledge of the owner or person in charge of the place and only for the period necessary for the purpose referred to in subsection (1).
Marginal note:Persons accompanying inspector
(5) The inspector may be accompanied by any person that they believe is necessary to help them exercise their powers or perform their duties or functions under this section.
Marginal note:Entering private property
(6) An inspector and any person accompanying them may enter and pass through private property, other than a dwelling-house on that property, in order to gain entry to a place referred to in subsection (1).

Marginal note:Warrant to enter dwelling-house

36 (1) If the place is a dwelling-house, an inspector may enter it without the occupant’s consent only under the authority of a warrant issued under subsection (2).
Marginal note:Authority to issue warrant
(2) On ex parte application, a justice of the peace may issue a warrant authorizing the inspector named in the warrant to enter a dwelling-house, subject to any conditions specified in the warrant, if the justice is satisfied by information on oath that
- (a) the dwelling-house is a place referred to in subsection 35(1);
- (b) entry to the dwelling-house is necessary for a purpose referred to in that subsection; and
- (c) entry to the dwelling-house was refused by the occupant or there are reasonable grounds to believe that entry will be refused by, or that consent to entry cannot be obtained from, the occupant.
Marginal note:Use of force
(3) In executing a warrant issued under subsection (2), an inspector may use force only if the use of force has been specifically authorized in the warrant and they are accompanied by a peace officer.
Marginal note:Telewarrant
(4) If an inspector believes that it would not be practical to appear personally to make an application for a warrant under subsection (2), a warrant may be issued by telephone or other means of telecommunication on information submitted by telephone or other means of telecommunication, and section 487.1 of the Criminal Code applies for that purpose, with any necessary modifications.

46 Section 38 of the Act is replaced by the following:

Marginal note:Assistance to inspectors

38 (1) The owner or person in charge of a place referred to in subsection 35(1) and every person found in that place shall give all assistance that is reasonably required to enable the inspector to exercise their powers or perform their duties or functions under this Act, including by providing them with any documents or information, and access to any data, that they may reasonably require for that purpose and by complying with any order made by the inspector under subsection 35(2) or paragraph 39(2)(b).
Marginal note:Obstruction
(2) No person shall obstruct or hinder, or make a false or misleading statement either orally or in writing to, an inspector who is exercising their powers or performing their duties or functions under this Act.

47 Section 39 of the Act is replaced by the following:

Marginal note:Seizure

39 (1) An inspector may seize any thing — including a tobacco product or vaping product — found in a place referred to in subsection 35(1), or a conveyance referred to in that subsection, that they have reasonable grounds to believe was used in the contravention of this Act or is something in relation to which the Act was contravened.
Marginal note:Storage
(2) An inspector who seizes a thing or a conveyance may
- (a) on notice to and at the expense of its owner or the person having possession, care or control of it at the time of its seizure, store it or move it; or
- (b) order its owner or the person having possession, care or control of it at the time of its seizure to, at their expense, store it or move it.
Marginal note:Interference
(3) Unless authorized by an inspector, no person shall remove, alter or interfere in any way with any thing or conveyance seized.

48 (1) Subsections 40(1) and (2) of the Act are replaced by the following:
Marginal note:Application for restoration
- 40 (1) Any person from whom a thing or conveyance was seized may, within 60 days after the date of seizure, apply to a provincial court judge within whose jurisdiction the seizure was made for an order of restoration, if the person sends a notice containing the prescribed information to the Minister within the prescribed time and in the prescribed manner.
- Marginal note:Order of restoration
  (2) The provincial court judge may order that the thing or conveyance be restored immediately to the applicant if, on hearing the application, the judge is satisfied
  - (a) that the applicant is entitled to possession of the thing or conveyance seized; and
  - (b) that the thing or conveyance seized is not and will not be required as evidence in any proceedings in respect of an offence under this Act.
(2) The portion of subsection 40(3) of the Act before paragraph (a) is replaced by the following:
- Marginal note:Order of later restoration
  (3) If, on hearing an application made under subsection (1), the provincial court judge is satisfied that the applicant is entitled to possession of the thing or conveyance seized but is not satisfied with respect to the matters mentioned in paragraph (2)(b), the judge may order that the thing or conveyance seized be restored to the applicant
(3) Subsection 40(4) of the Act is replaced by the following:
- Marginal note:No restoration where forfeiture by consent
  (4) The provincial court judge shall not make an order under this section for restoration of a thing or conveyance if it has been forfeited by consent under subsection 41(3).

49 Section 41 of the Act is replaced by the following:

Marginal note:Forfeiture

41 (1) If no application has been made under subsection 40(1) for the restoration of a thing or conveyance seized under this Act within 60 days after the date of the seizure, or an application has been made but on the hearing of the application no order of restoration is made, the thing or conveyance is forfeited to Her Majesty in right of Canada.
Marginal note:Forfeiture on conviction
(2) If a person has been convicted of an offence under this Act, any thing or conveyance seized under this Act by means of or in respect of which the offence was committed is forfeited to Her Majesty in right of Canada.
Marginal note:Forfeiture with consent
(3) If an inspector has seized a thing or conveyance and the owner or the person in whose possession it was at the time of seizure consents in writing to its forfeiture, the thing or conveyance is forfeited to Her Majesty in right of Canada.
Marginal note:Disposal
(4) A seized thing or conveyance that is forfeited may be disposed of, as the Minister directs, at the expense of its owner or the person who was entitled to possess it at the time of its seizure.

Marginal note:Recovery of costs

41.1 (1) Her Majesty in right of Canada may recover, as a debt due to Her Majesty in right of Canada, any costs incurred by Her Majesty in right of Canada in relation to anything required or authorized under section 39 or subsection 41(4), including the storage, movement or disposal of a thing or conveyance.
Marginal note:Time limit
(2) Proceedings to recover a debt due to Her Majesty in right of Canada under subsection (1) shall not be commenced later than five years after the day on which the debt became payable.

Marginal note:Certificate of default

41.2 (1) Any debt that may be recovered under subsection 41.1(1) in respect of which there is a default of payment, or the part of any such debt that has not been paid, may be certified by the Minister.
Marginal note:Judgment
(2) On production to the Federal Court, a certificate made under subsection (1) shall be registered in that Court and, when registered, has the same force and effect, and all proceedings may be taken on the certificate, as if it were a judgment obtained in that Court for a debt of the amount specified in the certificate and all reasonable costs and charges attendant in the registration of the certificate.

50 Section 42 of the Act is amended by adding the following after paragraph (b):

(b.1) respecting the costs in relation to anything required or authorized under section 39 or subsection 41(4);

51 The heading of Part V.1 of the Act is replaced by the following:

Miscellaneous Provisions

Marginal note:2015, c. 3, s. 154(F)

52 Section 42.1 of the Act is repealed.

53 The Act is amended by adding the following before Part VI:

Marginal note:Food and Drugs Act

42.2 (1) The Governor in Council may make regulations providing that this Act or any provision of this Act does not apply in respect of some or all of the vaping products that are regulated under the Food and Drugs Act or that contain a controlled substance, as defined in subsection 2(1) of the Controlled Drugs and Substances Act.
Marginal note:For greater certainty
(2) For greater certainty, the regulations may distinguish between vaping products on the basis of type of authorization, including type of licence, issued under the Food and Drugs Act, or on the basis of type of licence, permit, authorization or exemption issued or granted under the Controlled Drugs and Substances Act.

Marginal note:Trade-marks

42.3 (1) Despite the Trade-marks Act, the registration of a trade-mark shall not be held invalid on the basis of paragraph 18(1)(b) or (c) of that Act as a result of compliance with this Act.
Marginal note:For greater certainty
(2) For greater certainty, the absence of use of a trade-mark as a result of compliance with this Act constitutes special circumstances that excuse the absence of use for the purposes of the Trade-marks Act.

Marginal note:Regulations

42.4 The Governor in Council may make regulations

(a) prescribing anything that by this Part is to be prescribed; and
(b) generally for carrying out the purposes of this Part.

Marginal note:Incorporation by reference — limitation removed

42.5 The limitation set out in paragraph 18.1(2)(a) of the Statutory Instruments Act to the effect that a document must be incorporated as it exists on a particular date does not apply to the powers to make regulations under sections 7, 7.8, 14, 17, 33, 42 and 42.4.

54 The Act is amended by adding the following after section 42.3:

Marginal note:Documents to be kept

42.31 (1) Every manufacturer shall keep, in the prescribed manner and for the prescribed time, all documents that they used in order to submit or provide information to the Minister under section 6, 7.3 or 32.
Marginal note:Keeping and providing documents
(2) The manufacturer shall keep the documents at their place of business in Canada or at any prescribed place and shall, on written request, provide them to the Minister.

Marginal note:2009, c. 27, ss. 14(2) and 15

55 Sections 43 to 44 of the Act are replaced by the following:

Marginal note:Product and promotion offences — manufacturer

43 (1) Every manufacturer who contravenes section 5, 7.2 or 19 is guilty of an offence and liable
- (a) on summary conviction to a fine not exceeding $500,000 or to imprisonment for a term not exceeding one year, or to both; or
- (b) on conviction on indictment to a fine not exceeding $1,000,000 or to imprisonment for a term not exceeding two years, or to both.
Marginal note:Promotion offences — other persons
(2) Every person, other than a manufacturer, who contravenes section 19 is guilty of an offence and liable on summary conviction to a fine not exceeding $500,000.

Marginal note:Additives — manufacturer

43.1 Every manufacturer who contravenes subsection 5.1(1) or 5.2(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.

Marginal note:Additives — other persons

43.2 Every person, other than a manufacturer, who contravenes subsection 5.2(1) is guilty of an offence and liable on summary conviction to a fine not exceeding $50,000.

Marginal note:Summary offence

44 Every person who contravenes subsection 6(1) or (2), section 6.1, subsection 7.3(1) or (2), section 7.5, subsection 10(1), (2) or (3) or 26(1) or (2), section 30.7 or subsection 31(1) or (3), 32(1) or (2) or 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.

Marginal note:Prohibited sale

44.1 Every manufacturer who contravenes section 7.4 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.

56 Section 43.1 of the Act is replaced by the following:

Marginal note:Prohibited additives and ingredients — manufacturer

43.1 Every manufacturer who contravenes subsection 5.1(1) or 5.2(1) or section 7.21 or 7.22 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.

57 Sections 43.1 and 43.2 of the Act are replaced by the following:

Marginal note:Additives, ingredients and markings — manufacturer

43.1 Every manufacturer who contravenes subsection 5.1(1), section 5.2, subsection 5.3(1) or section 7.21 or 7.22 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:Markings — other persons

43.2 Every person, other than a manufacturer, who contravenes subsection 5.3(1) is guilty of an offence and liable on summary conviction to a fine not exceeding $50,000.

58 Section 44 of the Act is replaced by the following:

Marginal note:Summary offence

44 Every person who contravenes subsection 6(1) or (2), section 6.1, subsection 7.3(1) or (2), section 7.5, subsection 10(1), (2) or (3) or 26(1) or (2), section 30.7 or subsection 31(1) or (3), 32(1) or (2), 38(1) or (2) or 42.31(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.

59 Section 44.1 of the Act is replaced by the following:

Marginal note:Prohibited sale

44.1 Every manufacturer who contravenes section 6.01 or 7.4 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.

60 The portion of section 45 of the Act before paragraph (a) is replaced by the following:

Marginal note:Sales to young persons, promotions

45 Every person who contravenes subsection 8(1) or 9(1) or section 11 or 12, or every retailer who contravenes section 29 or 30.5 or subsection 30.6(1) or (2), is guilty of an offence and liable on summary conviction

61 Sections 46 and 47 of the Act are replaced by the following:

Marginal note:Offence by retailer

46 (1) Every retailer who contravenes subsection 15(1) or (2), 15.1(1) or (4) or 15.3(1) or (2) is guilty of an offence and liable on summary conviction to a fine not exceeding $50,000.
Marginal note:Offence by manufacturer
(2) Every manufacturer who contravenes subsection 15(1) or (2), 15.1(1) or (4) or 15.3(1) or (2), section 29 or 30.5 or subsection 30.6(1) or (2) is guilty of an offence and liable on summary conviction to a fine not exceeding $500,000 or to imprisonment for a term not exceeding two years, or to both.
Marginal note:Offence
(3) Every person who contravenes subsection 15.1(2) or (3) is guilty of an offence and liable on summary conviction to a fine not exceeding $500,000 or to imprisonment for a term not exceeding two years, or to both.

Marginal note:General offence

47 Every person who contravenes subsection 9.1(1) or (2), 20(1), 21(1), 22(1), 23(1) or (2), 23.1(1) or (2) or 24(1) or (2), section 25, 27, 30.1 or 30.2, subsection 30.3(1) or (2), section 30.4 or 30.701 is guilty of an offence and liable on summary conviction to a fine not exceeding $500,000 or to imprisonment for a term not exceeding two years, or to both.

62 Subsection 46(2) of the Act is replaced by the following:

Marginal note:Offence by manufacturer
(2) Every manufacturer who contravenes subsection 15(1), (1.1) or (2), 15.1(1) or (4) or 15.3(1) or (2), section 29 or 30.5 or subsection 30.6(1) or (2) is guilty of an offence and liable on summary conviction to a fine not exceeding $500,000 or to imprisonment for a term not exceeding two years, or to both.

63 Section 47 of the Act is replaced by the following:

Marginal note:General offence

47 Every person who contravenes subsection 9.1(1) or (2) or 20(1), section 20.1, subsection 21(1), 22(1), 23(1) or (2), 23.1(1) or (2) or 23.2(1) or (2), section 23.3, subsection 24(1) or (2), section 25, 27, 30.1 or 30.2, subsection 30.21(1) or 30.3(1) or (2), section 30.4 or 30.41, subsection 30.42(1) or 30.43(1) or (2), section 30.44, subsection 30.45(1) or (2), 30.46(1) or (2), 30.47(1) or (2) or 30.48(1) or (2) or section 30.701 or 30.71 is guilty of an offence and liable on summary conviction to a fine not exceeding $500,000 or to imprisonment for a term not exceeding two years, or to both.

64 The Act is amended by adding the following after section 48:

Marginal note:Due diligence defence

48.1 A person is not to be found guilty of an offence under this Act if they establish that they exercised due diligence to prevent the commission of the offence.

65 Paragraphs 57(a) and (b) of the Act are replaced by the following:

(a) information on a package indicating that it contains a tobacco product or vaping product is, in the absence of evidence to the contrary, proof that the package contains that product; and
(b) a name or address on a package purporting to be the name or address of the person by whom the tobacco product or vaping product was manufactured is, in the absence of evidence to the contrary, proof that it was manufactured by that person.

66 (1) Paragraph 59(b) of the Act is replaced by the following:
- (b) prohibiting the offender from selling tobacco products and vaping products for a period of not more than one year, in the case of a subsequent offence for the contravention of subsection 8(1) or section 11, 12, 29, 30.5 or 30.6;
(2) Paragraph 59(f) of the Act is replaced by the following:
- (f) directing the offender to pay an amount for the purposes of conducting research into any matters relating to tobacco products and vaping products that the court considers appropriate.

67 Subsection 60(1) of the Act is replaced by the following:

Marginal note:Administrative agreements

60 (1) The Minister may enter into agreements with provinces or other bodies respecting the administration and enforcement of this Act or any provision of this Act, including the designation of provincial or other officials and bodies as inspectors under this Act and the appointment of federal officials as inspectors under provincial legislation in respect of tobacco and vaping products.

67.1 The Act is amended by adding the following after section 60:

PART VII.1Review of the Act

Marginal note:Review of the Act

60.1 (1) The Minister must, three years after the day on which this section comes into force and every two years after that, undertake a review of the provisions and operation of this Act.
Marginal note:Report to Parliament
(2) The Minister must, no later than one year after the day on which the review is undertaken, cause a report on the review to be tabled in each House of Parliament.

Marginal note:2009, c. 27, s. 17

68 (1) The schedule to the Act is renumbered as Schedule 1.
Marginal note:2009, c. 27, s. 17
(2) Schedule 1 to the French version of the Act is amended by replacing “Item” with “Article”.
Marginal note:2009, c. 27, s. 17
(3) Schedule 1 to the Act is amended
- (a) in Column 1 of item 1, by adding “(other than those set out in Column 1 of item 1.2)” after the word “flavour”;
- (b) by adding item 1.2 after item 1.1;
- (c) in Column 1 in relation to item 1.2, by adding “Menthol, including l-menthol, and menthone, including l-menthone”;
- (d) in Column 2 in relation to item 1.2, by adding “Tobacco products, except those that are manufactured or sold for export”;
- (e) in Column 1 of item 9, by adding “(other than those set out in Column 1 of item 9.1)” after the word “herbs”;
- (f) by adding item 9.1 after item 9;
- (g) in Column 1 in relation to item 9.1, by adding “Cloves”; and
- (h) in Column 2 in relation to item 9.1, by adding “Tobacco products, except those that are manufactured or sold for export”.

(4) The schedule to the Act is amended by replacing the portion of items 1 to 13 in column 2 with the following:

Item	Column 2
Item	Tobacco Product
1	Except those that are manufactured or sold for export, the following: (1)  Cigarettes (2)  Cigars that have a wrapper that is not fitted in spiral form, cigars that have tipping paper and little cigars (3)  Blunt wraps
1.1	Cigars that have a wrapper fitted in spiral form and that weigh more than 1.4 g but not more than 6 g, excluding the weight of any mouthpiece or tip, other than those referred to in item 1 and those that are manufactured or sold for export
2	Except those that are manufactured or sold for export, the following: (1)  Cigarettes (2)  Little cigars (3)  All other cigars, except those that weigh more than 6 g excluding the weight of any mouthpiece or tip, have a wrapper fitted in spiral form and do not have tipping paper (4)  Blunt wraps
3	Except those that are manufactured or sold for export, the following: (1)  Cigarettes (2)  Little cigars (3)  All other cigars, except those that weigh more than 6 g excluding the weight of any mouthpiece or tip, have a wrapper fitted in spiral form and do not have tipping paper (4)  Blunt wraps
4	Cigarettes, except those that are manufactured or sold for export
4.1	Blunt wraps, except those that are manufactured or sold for export
4.2	Cigars, except the following: (1)  Little cigars (2)  Cigars that have tipping paper (3)  Cigars that weigh more than 6 g excluding the weight of any mouthpiece or tip, have a wrapper fitted in spiral form and do not have tipping paper (4)  Cigars that are manufactured or sold for export
4.3	Little cigars, except those that are manufactured or sold for export
4.4	Cigars that have tipping paper, except those that are manufactured or sold for export and little cigars
5	Except those that are manufactured or sold for export, the following: (1)  Cigarettes (2)  Little cigars (3)  All other cigars, except those that weigh more than 6 g excluding the weight of any mouthpiece or tip, have a wrapper fitted in spiral form and do not have tipping paper (4)  Blunt wraps
6	Except those that are manufactured or sold for export, the following: (1)  Cigarettes (2)  Little cigars (3)  All other cigars, except those that weigh more than 6 g excluding the weight of any mouthpiece or tip, have a wrapper fitted in spiral form and do not have tipping paper (4)  Blunt wraps
7	Except those that are manufactured or sold for export, the following: (1)  Cigarettes (2)  Little cigars (3)  All other cigars, except those that weigh more than 6 g excluding the weight of any mouthpiece or tip, have a wrapper fitted in spiral form and do not have tipping paper (4)  Blunt wraps
8	Except those that are manufactured or sold for export, the following: (1)  Cigarettes (2)  Little cigars (3)  All other cigars, except those that weigh more than 6 g excluding the weight of any mouthpiece or tip, have a wrapper fitted in spiral form and do not have tipping paper (4)  Blunt wraps
9	Except those that are manufactured or sold for export, the following: (1)  Cigarettes (2)  Little cigars (3)  All other cigars, except those that weigh more than 6 g excluding the weight of any mouthpiece or tip, have a wrapper fitted in spiral form and do not have tipping paper (4)  Blunt wraps
10	Except those that are manufactured or sold for export, the following: (1)  Cigarettes (2)  Little cigars (3)  All other cigars, except those that weigh more than 6 g excluding the weight of any mouthpiece or tip, have a wrapper fitted in spiral form and do not have tipping paper (4)  Blunt wraps
11	Except those that are manufactured or sold for export, the following: (1)  Cigarettes (2)  Little cigars (3)  All other cigars, except those that weigh more than 6 g excluding the weight of any mouthpiece or tip, have a wrapper fitted in spiral form and do not have tipping paper (4)  Blunt wraps
12	Except those that are manufactured or sold for export, the following: (1)  Cigarettes (2)  Little cigars (3)  All other cigars, except those that weigh more than 6 g excluding the weight of any mouthpiece or tip, have a wrapper fitted in spiral form and do not have tipping paper (4)  Blunt wraps
13	Except those that are manufactured or sold for export, the following: (1)  Cigarettes (2)  Little cigars (3)  All other cigars, except those that weigh more than 6 g excluding the weight of any mouthpiece or tip, have a wrapper fitted in spiral form and do not have tipping paper (4)  Blunt wraps

69 The Act is amended by adding, after Schedule 1, the Schedules 2 and 3 set out in the schedule to this Act.

Marginal note:Replacement of “schedule”

70 The Act is amended by replacing “the schedule” with “Schedule 1” in the following provisions:

(a) subsection 5.1(1);
(b) subsection 5.2(1);
(c) subsection 7.1(1); and
(d) section 23.1.

Consequential Amendments

R.S., c. F-27Food and Drugs Act

71 The heading before section 2 of the Food and Drugs Act is replaced by the following:

Interpretation and Application

72 The Act is amended by adding the following after section 2.1:

Marginal note:Tobacco products

2.2 This Act does not apply to a tobacco product as defined in section 2 of the Tobacco and Vaping Products Act.

Marginal note:Vaping products

2.3 (1) Despite the definition drug in section 2, this Act does not apply to a vaping product as defined in section 2 of the Tobacco and Vaping Products Act by reason that it contains nicotine, unless the vaping product is manufactured, sold or represented for use in the diagnosis, treatment, mitigation or prevention of a disease, disorder or abnormal physical state, or its symptoms, in human beings.
Marginal note:Vaping products
(2) Despite the definition device in section 2, this Act does not apply to a vaping product as defined in section 2 of the Tobacco and Vaping Products Act by reason that it is manufactured, sold or represented for use with a substance or mixture of substances that contains nicotine, unless the vaping product is manufactured, sold or represented for use in the diagnosis, treatment, mitigation or prevention of a disease, disorder or abnormal physical state, or its symptoms, in human beings.

2009, c. 27An Act to amend the Tobacco Act

73 Section 7 of An Act to amend the Tobacco Act, chapter 27 of the Statutes of Canada, 2009, is repealed.

74 Section 16 of the Act is repealed.

2010, c. 21Canada Consumer Product Safety Act

75 (1) Subsection 4(2) of the Canada Consumer Product Safety Act is replaced by the following:
- Marginal note:Tobacco products
  (2) This Act does not apply to a tobacco product as defined in section 2 of the Tobacco and Vaping Products Act, except in respect of
  - (a) the ignition propensity of that product; and
  - (b) the devices and parts referred to in that definition.
- Marginal note:For greater certainty — devices and parts made of tobacco
  (2.1) For greater certainty, the devices and parts referred to in paragraph (2)(b) do not include those made in whole or in part of tobacco.
(2) Section 4 of the Act is amended by adding the following after subsection (3):
- Marginal note:Vaping products
  (4) The Consumer Chemicals and Containers Regulations, 2001 do not apply in respect of vaping products, within the meaning of paragraphs (a) to (c) of the definition vaping product in section 2 of the Tobacco and Vaping Products Act, unless those regulations are amended to expressly provide that they apply in respect of those products.
(3) Subsection 4(4) of the Act is repealed.

76 Items 3 and 4 of Schedule 1 to the Act are replaced by the following:

3
Devices within the meaning of section 2 of the Food and Drugs Act, except a vaping product within the meaning of section 2 of the Tobacco and Vaping Products Act that is not subject to the Food and Drugs Act.
4
Drugs within the meaning of section 2 of the Food and Drugs Act, except a vaping product within the meaning of section 2 of the Tobacco and Vaping Products Act that is not subject to the Food and Drugs Act.

Terminology

Marginal note:Replacement of “Tobacco Act” — Act

77 (1) In paragraph 12(h) of the Hazardous Products Act, “Tobacco Act” is replaced by “Tobacco and Vaping Products Act”.
Marginal note:Other references — Acts
(2) Unless the context requires otherwise, every reference to Tobacco Act in any provision of an Act of Parliament other than a provision referred to in subsection (1) is to be read as a reference to the Tobacco and Vaping Products Act.
Marginal note:Replacement of “Tobacco Act” — Regulations
(3) In the following provisions, “Tobacco Act” is replaced by “Tobacco and Vaping Products Act”:
- (a) paragraph 10.30(1)(a) of the Canada Occupational Health and Safety Regulations;
- (b) paragraph 7.27(1)(a) of the On Board Trains Occupational Safety and Health Regulations;
- (c) paragraph 11.32(1)(a) of the Oil and Gas Occupational Safety and Health Regulations;
- (d) the heading of Schedule XIV to the Contraventions Regulations and the heading of column I of that schedule;
- (e) section 1 of the Tobacco (Access) Regulations;
- (f) section 1 of the Tobacco (Seizure and Restoration) Regulations;
- (g) the definition Act in section 1 of the Tobacco Products Information Regulations;
- (h) the definition Act in section 1 of the Tobacco Reporting Regulations;
- (i) item 3 of Schedule 2 to the Natural Health Products Regulations;
- (j) paragraph 260(1)(b) of the Maritime Occupational Health and Safety Regulations; and
- (k) paragraph 5.23(1)(a) of the Aviation Occupational Health and Safety Regulations.
Marginal note:Other references — Regulations
(4) Unless the context requires otherwise, every reference to the Tobacco Act in any provision of a regulation, as defined in section 2 of the Statutory Instruments Act, made under an Act of Parliament, other than a provision referred to in subsection (3), is to be read as a reference to the Tobacco and Vaping Products Act.

Coordinating Amendments

Marginal note:2009, c. 27

78 (1) In this section, other Act means An Act to amend the Tobacco Act, chapter 27 of the Statutes of Canada, 2009.
(2) If section 7 of the other Act comes into force before section 9 of this Act, then the portion of that section 9 before the section 6 that it enacts is replaced by the following:
9 Sections 6 and 6.1 of the Act are replaced by the following:
(3) If section 7 of the other Act comes into force on the same day as section 9 of this Act, then that section 7 is deemed never to have come into force.
(4) If section 16 of the other Act comes into force before section 55 of this Act, then the portion of that section 55 before the section 43 that it enacts is replaced by the following:
55 Sections 43 to 44.1 of the Act are replaced by the following:
(5) If section 16 of the other Act comes into force on the same day as section 55 of this Act, then that section 16 is deemed never to have come into force.

Marginal note:2014, c. 20

79 (1) In this section, other Act means the Economic Action Plan 2014 Act, No. 1, chapter 20 of the Statutes of Canada, 2014.
(2) If section 366 of the other Act comes into force before section 53 of this Act, then section 42.3 of the English version of the Tobacco Act is replaced by the following:
Marginal note:Trademarks
- 42.3 (1) Despite the Trademarks Act, the registration of a trademark shall not be held invalid on the basis of paragraph 18(1)(b) or (c) of that Act as a result of compliance with this Act.
- Marginal note:For greater certainty
  (2) For greater certainty, the absence of use of a trademark as a result of compliance with this Act constitutes special circumstances that excuse the absence of use for the purposes of the Trademarks Act.
(3) If section 366 of the other Act comes into force on the same day as section 53 of this Act, then that section 53 is deemed to have come into force before that section 366.

Marginal note:Bill C-45

79.1 If Bill C-45, introduced in the 1st session of the 42nd Parliament and entitled An Act respecting cannabis and to amend the Controlled Drugs and Substances Act, the Criminal Code and other Acts, receives royal assent, then, on the first day on which both subsection 204(1) of that Act and section 3 of this Act are in force,

(a) the definition accessory in section 2 of the Tobacco and Vaping Products Act is replaced by the following:
accessory
accessory means a product that may be used in the consumption of a tobacco product, including a pipe, cigarette holder, cigar clip, lighter and matches, and also means a water pipe. It does not include cannabis accessories, as defined in subsection 2(1) of the Cannabis Act. (accessoire)
(b) the portion of the definition vaping product in section 2 of the Tobacco and Vaping Products Act after paragraph (d) is replaced by the following:
It does not include devices and substances or mixtures of substances that are excluded by the regulations, cannabis, as defined in subsection 2(1) of the Cannabis Act, cannabis accessories, as defined in that subsection, tobacco products or their accessories. (produit de vapotage)

Coming into Force

Marginal note:Order in council

80 (1) Subsection 7(2), section 8, subsection 11(2) and sections 25, 28, 31 and 57 come into force on a day to be fixed by order of the Governor in Council, but that day must be after the 180th day after the day on which this Act receives royal assent.
Marginal note:Order in council
(2) Section 10, subsection 11(5) and section 59 come into force on a day to be fixed by order of the Governor in Council, but that day must be after the day on which this Act receives royal assent.
Marginal note:180 days after royal assent
(3) Section 13, subsection 20(2), sections 27, 32, 37, 38 and 40, subsections 44(2) and (5), sections 56, 62 and 63, subsections 68(1) to (3) and sections 69 and 70 come into force on the 180th day after the day on which this Act receives royal assent.
Marginal note:Order in council
(4) Subsections 14(2), 15(2) and (3) and 19(1) come into force on a day to be fixed by order of the Governor in Council, but that day must be after the day on which this Act receives royal assent.
Marginal note:Order in council
(5) Section 17 and subsection 19(3) come into force on a day to be fixed by order of the Governor in Council.
Marginal note:Order in council
(6) Section 39 and subsection 44(6) come into force on a day to be fixed by order of the Governor in Council, but that day must be after the 180th day after the day on which this Act receives royal assent.
Marginal note:Order in council
(7) Sections 54 and 58 come into force on a day to be fixed by order of the Governor in Council, but that day must be after the day on which this Act receives royal assent.
Marginal note:Order in council
(8) Subsection 75(3) comes into force on a day to be fixed by order of the Governor in Council.

PART 2R.S., c. 15 (4th Supp.)Non-smokers’ Health Act

81 The long title of the Non-smokers’ Health Act is replaced by the following:

An Act to regulate smoking in the federal workplace and on certain modes of transportation

82 (1) The definition usage du tabac in subsection 2(1) of the French version of the Act is repealed.
(2) The definition smoke in subsection 2(1) of the English version of the Act is replaced by the following:
smoke
smoke means to smoke, hold or otherwise have control over an ignited tobacco product or to vape using a vaping product; (fumer)
(3) Subsection 2(1) of the Act is amended by adding the following in alphabetical order:
vaping product
vaping product means
(a) a device that is intended to be used to simulate the act of smoking a tobacco product and that emits an aerosol that is intended to be inhaled, including an electronic cigarette, an electronic cigar and an electronic pipe; and
(b) a device that is designated to be a vaping product by the regulations; (produit de vapotage)
(4) Subsection 2(1) of the French version of the Act is amended by adding the following in alphabetical order:
smoke
fumer Fumer un produit à base de tabac ou avoir par-devers soi un tel produit allumé ou vapoter au moyen d’un produit de vapotage. (smoke)

Marginal note:1989, c.7, s.1

83 Section 6 of the Act is replaced by the following:

Marginal note:Saving

6 Nothing in section 4 or 5 affects the operation of any other Act of Parliament, any regulations made under any Act of Parliament, or any rule of law in relation to the protection of persons from exposure to tobacco smoke or any emission from a vaping product.

84 Subsection 7(1) of the Act is amended by adding the following after paragraph (a):

(a.1) designating any device to be a vaping product for the purpose of the definition vaping product;

Marginal note:1996, c.12, s.5

85 Subsection 8.2(2) of the Act is replaced by the following:

Marginal note:Regulations
(2) On the recommendation of the Minister of Labour, the Governor in Council may make regulations respecting smoking in a workplace at which is carried on employment that is subject to a regulation made under subsection (1).

SCHEDULE(Section 69)

SCHEDULE 2(Sections 7.21, 7.22, 7.23 and 30.47)

Prohibited Ingredients

Item	Column 1	Column 2
Item	Ingredient	Vaping Product
1	Amino acids	Vaping substances, except prescription vaping substances and vaping substances that are manufactured or sold for export
2	Caffeine	Vaping substances, except prescription vaping substances and vaping substances that are manufactured or sold for export
3	Colouring agents	Vaping substances, except prescription vaping substances and vaping substances that are manufactured or sold for export
4	Essential fatty acids	Vaping substances, except prescription vaping substances and vaping substances that are manufactured or sold for export
5	Glucuronolactone	Vaping substances, except prescription vaping substances and vaping substances that are manufactured or sold for export
6	Probiotics	Vaping substances, except prescription vaping substances and vaping substances that are manufactured or sold for export
7	Taurine	Vaping substances, except prescription vaping substances and vaping substances that are manufactured or sold for export
8	Vitamins	Vaping substances, except prescription vaping substances and vaping substances that are manufactured or sold for export
9	Mineral nutrients	Vaping substances, except prescription vaping substances and vaping substances that are manufactured or sold for export

Note:
In column 2, prescription has the same meaning as in subsection 13(2).

SCHEDULE 3(Sections 30.48 and 30.49)

Flavours

Item	Column 1	Column 2
Item	Flavour	Vaping Product
1	Confectionery	Vaping products, except prescription vaping products and vaping products that are manufactured or sold for export
2	Dessert	Vaping products, except prescription vaping products and vaping products that are manufactured or sold for export
3	Cannabis	Vaping products, except vaping products that are manufactured or sold for export
4	Soft drink	Vaping products, except vaping products that are manufactured or sold for export
5	Energy drink	Vaping products, except vaping products that are manufactured or sold for export

Note:
In column 2, prescription has the same meaning as in subsection 13(2).

Date modified:: 2024-11-01

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An Act to amend the Tobacco Act and the Non-smokers’ Health Act and to make consequential amendments to other Acts (S.C. 2018, c. 9)

An Act to amend the Tobacco Act and the Non-smokers’ Health Act and to make consequential amendments to other Acts

SUMMARY

PART 11997, c. 13Tobacco Act

Amendments to the Act

PART I.1Vaping Products

DIVISION 1Tobacco Products

DIVISION 2Vaping Products

DIVISION 3Miscellaneous Provisions

PART VAdministration and Enforcement

Inspection and Analysis

Miscellaneous Provisions

PART VII.1Review of the Act

Consequential Amendments

R.S., c. F-27Food and Drugs Act

Interpretation and Application

2009, c. 27An Act to amend the Tobacco Act

2010, c. 21Canada Consumer Product Safety Act

Terminology

Coordinating Amendments

Coming into Force

PART 2R.S., c. 15 (4th Supp.)Non-smokers’ Health Act

SCHEDULE(Section 69)

SCHEDULE 2(Sections 7.21, 7.22, 7.23 and 30.47)

SCHEDULE 3(Sections 30.48 and 30.49)