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

PART ITobacco Products

Marginal note:Product standards

5 No manufacturer shall manufacture or sell a tobacco product that does not conform with the standards established by the regulations.

Marginal note:Prohibition — manufacture

• 5.1 (1) No manufacturer shall use an additive set out in column 1 of Schedule 1 in the manufacture of a tobacco product set out in column 2.

• Marginal note:Exception — trademark or marking

  (2) Subsection (1) does not prohibit the use of a colouring agent to depict a trademark on a tobacco product or to display a marking required under this or any other Act of Parliament or of the legislature of a province or for any other prescribed purpose.

Marginal note:Prohibition — sale

• 5.2 (1) No person shall sell a tobacco product set out in column 2 of Schedule 1 that contains an additive set out in column 1.

• Marginal note:Exception

  (2) Subsection (1) does not prohibit the sale of a tobacco product by reason only that the product contains a colouring agent used for a purpose referred to in subsection 5.1(2).

Marginal note:Information required from manufacturer

• 6 (1) Every manufacturer shall submit to the Minister, in the prescribed form and manner and within the prescribed time, information that is required by the regulations about tobacco products, their emissions and any research and development related to tobacco products and their emissions, whether the tobacco products are for sale or not.

• Marginal note:Supplementary information

  (2) The Minister may, subject to the regulations, request supplementary information relating to the information referred to in subsection (1), and every manufacturer shall submit the requested information in the form and manner and within the time specified by the Minister.

Marginal note:Public disclosure by manufacturer

6.1 Every manufacturer shall make available to the public, in the prescribed form and manner and within the prescribed time, information that is required by the regulations about tobacco products and their emissions.

Marginal note:Public disclosure by Minister

6.2 The Minister shall make available to the public, in the prescribed manner and within the prescribed time, information that is required by the regulations about tobacco products, their emissions and any research and development related to tobacco products and their emissions.

Marginal note:Non-application

6.3 Sections 6.1 and 6.2 do not apply in respect of tobacco products that have never been for sale in Canada.

Marginal note:Regulations

7 The Governor in Council may make regulations

• (a) establishing standards respecting the characteristics of tobacco products and their emissions, including the sensory attributes — such as appearance and shape — of the products and their emissions, the dimensions, weight, components and performance of the products, and the amounts and concentrations of substances that may be contained in the products or their emissions;

• (b) respecting test methods, including methods to assess conformity with the standards;

• (c) prescribing information that manufacturers must submit to the Minister about tobacco products and their emissions, including sales data and information on market research, product composition, ingredients, materials, health effects, hazardous properties and brand elements;

• (c.1) prescribing information that manufacturers must submit to the Minister about research and development related to tobacco products and their emissions, including information on market research, product composition, ingredients, materials, health effects, hazardous properties and brand elements;

• (c.2) respecting requests for supplementary information under subsection 6(2);

• (c.3) [Repealed, 2018, c. 9, s. 11]

• (d) prescribing the means, including electronic means, by which the information referred to in paragraphs (c) to (c.2) may be submitted to the Minister;

• (d.01) prescribing, for the purposes of section 6.1, information that manufacturers must make available to the public, including information referred to in paragraph (c);

• (d.02) prescribing, for the purposes of section 6.2, information that the Minister must make available to the public, including information referred to in paragraphs (c) and (c.1);

• (d.1) prescribing anything that by this Part is to be prescribed; and

• (e) generally for carrying out the purposes of this Part.

Marginal note:Amendment of schedule

• 7.1 (1) The Governor in Council may, by order, amend Schedule 1 by adding, amending or deleting

  • (a) the name or description of an additive or tobacco product; or

  • (b) a reference to all tobacco products, with or without exceptions.

• Marginal note:Description

  (2) An additive or tobacco 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.

PART I.1Vaping Products

Marginal note:Product standards

7.2 No manufacturer shall manufacture or sell a vaping product that does not conform with the standards established by the regulations.

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.

Marginal note:Information required from manufacturer

• 7.3 (1) Every manufacturer shall submit to the Minister, in the prescribed form and manner and within the prescribed time, information that is required by the regulations about vaping products, their emissions and any research and development related to vaping products and their emissions, whether the vaping products are for sale or not.

• Marginal note:Supplementary information

  (2) The Minister may, subject to the regulations, request supplementary information relating to the information referred to in subsection (1), and every manufacturer shall submit the requested information in the form and manner and within the time specified by the Minister.