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)

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:

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

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73 Section 7 of An Act to amend the Tobacco Act, chapter 27 of the Statutes of Canada, 2009, is repealed.

74 Section 16 of the Act is repealed.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• (3) Subsection 4(4) of the Act is repealed.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:

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:

• 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: