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Tobacco and Vaping Products Act (S.C. 1997, c. 13)

Act current to 2019-05-22 and last amended on 2018-11-19. Previous Versions

AMENDMENTS NOT IN FORCE

  • — 2014, c. 20, s. 366(1)

    • Replacement of “trade-mark” in other Acts
      • 366 (1) Unless the context requires otherwise, “trade-mark”, “trade-marks”, “Trade-mark”, “Trade-marks”, “trade mark” and “trade marks” are replaced by “trademark”, “trademarks”, “Trademark” or “Trademarks”, as the case may be, in the English version of any Act of Parliament, other than this Act and the Trademarks Act.

  • — 2018, c. 9, s. 7(2)

    • 2009, c. 27, s. 4
      • 7 (2) Subsection 5.1(2) of the Act is repealed.

  • — 2018, c. 9, s. 8

    • 2009, c. 27, s. 5

      8 Section 5.2 of the Act is replaced by the following:

      • 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.

      • 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.

        • 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.

        • 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.

  • — 2018, c. 9, s. 10

    • 10 The Act is amended by adding the following after section 6:

      • 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.

  • — 2018, c. 9, s. 11(2)

    • 2009, c. 27, s. 8(1)
      • 11 (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;

  • — 2018, c. 9, s. 11(5)

    • 2009, c. 27, s. 8(1)
      • 11 (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;

  • — 2018, c. 9, s. 14(2)

      • 14 (2) Subsection 8(2) of the Act is replaced by the following:

        • 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.

  • — 2018, c. 9, ss. 15(2), (3)

      • 15 (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:

        • 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.

  • — 2018, c. 9, s. 17

    • 17 Section 12 of the Act is replaced by the following:

      • 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.

  • — 2018, c. 9, s. 19(1)

      • 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);

  • — 2018, c. 9, s. 19(3)

      • 19 (3) Paragraph 14(e) of the Act is replaced by the following:

        • (e) respecting exceptions to the prohibition under section 12;

  • — 2018, c. 9, s. 25

    • 25 Section 19 of the Act is replaced by the following:

      • 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.

  • — 2018, c. 9, s. 28

      • 28 (1) Subsection 21(1) of the Act is replaced by the following:

        • Testimonials or endorsements
          • 21 (1) No person shall promote a tobacco product through a testimonial or an endorsement, however displayed or communicated, including by means of the packaging.

      • (2) Subsection 21(3) of the Act is repealed.

  • — 2018, c. 9, s. 31

    • 2009, c. 27, s. 12(1)

      31 Subsection 23.1(1) of the Act is replaced by the following:

      • Prohibited additives — packaging
        • 23.1 (1) No person shall package a tobacco product set out in column 2 of Schedule 1 in a manner, including by means of a brand element, that could cause a person to believe that it contains an additive set out in column 1.

  • — 2018, c. 9, s. 39

    • 39 Subsection 30.43(1) of the Act is replaced by the following:

      • Health benefits
        • 30.43 (1) Subject to subsection (3) and the regulations, no person shall promote a vaping product, including by means of the packaging, in a manner that could cause a person to believe that health benefits, within the meaning of the regulations, may be derived from the use of the product or from its emissions.

  • — 2018, c. 9, s. 44(6)

      • 44 (6) Paragraph 33(e.2) of the Act is replaced by the following:

        • (e.2) respecting exceptions to the prohibitions under subsections 30.43(1) and (2) and, for the purposes of subsection 30.43(1), what constitutes a health benefit;

  • — 2018, c. 9, s. 54

    • 54 The Act is amended by adding the following after section 42.3:

      • 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.

        • 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.

  • — 2018, c. 9, s. 57

    • 57 Sections 43.1 and 43.2 of the Act are replaced by the following:

      • 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.

      • 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.

  • — 2018, c. 9, s. 58

    • 58 Section 44 of the Act is replaced by the following:

      • 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.

  • — 2018, c. 9, s. 59

    • 59 Section 44.1 of the Act is replaced by the following:

      • 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.

  • — SOR/2019-108, s. 1

    • 1 The portion of items 4 and 4.1 of Schedule 1 to the Tobacco and Vaping Products ActFootnote 1 in column 2 is replaced by the following:

      Column 2
      ItemTobacco Product
      4

      Except those that are manufactured or sold for export, the following:

      • (1) Cigarettes

      • (2) Tubes

      • (3) Tobacco products that are made in whole or in part of tobacco, rolled in paper and intended for use with a device

      4.1

      Except those that are manufactured or sold for export, the following:

      • (1) Blunt wraps

      • (2) Leaf tobacco

  • — SOR/2019-108, s. 2

    • 2 Item 4.2 of Schedule 1 to the Act is replaced by the following:

      Column 1Column 2
      ItemAdditiveTobacco Product
      4.2Colouring agents, excluding those used to whiten mouthpieces or tips or to render them the colour drab brown (Pantone 448 C)

      Subject to items 4.3 and 4.4, cigars, except the following:

      • (1) Cigars that weigh more than 6 g excluding the weight of any mouthpiece or tip, have a wrapper fitted in spiral form and do not have tipping paper

      • (2) Cigars that are manufactured or sold for export

  • — SOR/2019-108, s. 3

    • 3 The portion of item 4.3 of Schedule 1 to the Act in column 1 is replaced by the following:

      Column 1
      ItemAdditive
      4.3Colouring agents, excluding those used to whiten plug wrap paper, to render tipping paper the colour drab brown (Pantone 448 C), to imitate a cork pattern on tipping paper or to whiten mouthpieces or tips or to render them the colour drab brown (Pantone 448 C)
  • — SOR/2019-108, s. 4

    • 4 The portion of item 4.4 of Schedule 1 to the Act in column 1 is replaced by the following:

      Column 1
      ItemAdditive
      4.4Colouring agents, excluding those used to render tipping paper the colour drab brown (Pantone 448 C), to whiten mouthpieces or tips or to render them the colour drab brown (Pantone 448 C)
  • — SOR/2019-108, s. 5

    • 5 Schedule 1 to the Act is amended by adding the following after item 4.4:

      Column 1Column 2
      ItemAdditiveTobacco Product
      4.5Colouring agents, excluding those used to render tobacco products the colour drab brown (Pantone 448 C)Tobacco products that are made in whole or in part of tobacco and intended for use with a device but that are not rolled in paper, except those that are manufactured or sold for export
      4.6Colouring agents, excluding whitening agents

      Except those that are manufactured or sold for export, the following:

      • (1) Filters

      • (2) Papers intended for use with a tobacco product

      4.7Colouring agents, excluding those used to blacken the thread around the circumference of a bidiBidis, except those that are manufactured or sold for export
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