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
PART 11997, c. 13Tobacco Act (continued)
Amendments to the Act (continued)
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.
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