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)

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:

• 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:

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

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

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