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

Act current to 2023-01-11 and last amended on 2020-11-09. Previous Versions

AMENDMENTS NOT IN FORCE

  • — 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(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. 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. 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.

  • — 2022, c. 17, s. 67

    • 2018, c. 9, s. 45

      67 Subsection 36(4) of the Tobacco and Vaping Products Act is replaced by the following:

      • Means of telecommunication

        (4) An application for a warrant under subsection (2) may be submitted, and the warrant may be issued, by a means of telecommunication and section 487.1 of the Criminal Code applies for those purposes with any necessary modifications.

  • — 2022, c. 17, s. 76

    • Clarification — immediate application

      76 For greater certainty, but subject to sections 77 and 78, the amendments made by this Act also apply with respect to proceedings that are ongoing on the day on which this Act comes into force.

  • — 2022, c. 17, par. 77(2)(d)

      • Certain applications for warrants

        77 (2) Each of the following provisions, as it read immediately before the day on which this Act comes into force, continues to apply with respect to an application made for a warrant under the provision if the application is submitted, and no decision has been made in respect of the application, before that day:

  • — 2022, c. 17, s. 78.1

    • Impact of remote proceedings
      • 78.1 (1) The Minister of Justice must, no later than three years after the day on which this Act receives royal assent, initiate one or more independent reviews on the use of remote proceedings in criminal justice matters that must include an assessment of whether remote proceedings

        • (a) enhance, preserve or adversely affect access to justice;

        • (b) maintain fundamental principles of the administration of justice; and

        • (c) adequately address the rights and obligations of participants in the criminal justice system, including accused persons.

      • Report

        (2) The Minister of Justice must, no later than five years after the day on which a review is initiated, cause a report on the review — including any findings or recommendations resulting from it — to be laid before each House of Parliament.

  • — 2022, c. 17, s. 78.2

    • Review by committee
      • 78.2 (1) At the start of the fifth year after the day on which this Act receives royal assent, the provisions enacted or amended by this Act are to be referred to a committee of the Senate and a committee of the House of Commons that may be designated or established for the purpose of reviewing the provisions.

      • Report

        (2) The committees to which the provisions are referred are to review them and the use of remote proceedings in criminal justice matters and submit reports to the Houses of Parliament of which they are committees, including statements setting out any changes to the provisions that they recommend.

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