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
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:
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.
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