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)

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

Miscellaneous Provisions

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.

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: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.

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.

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.

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.

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.

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

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.

• 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.

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.

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.

• (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.

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.

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.