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

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.

Marginal note:Prohibition

7.4 Subject to the regulations, no manufacturer shall sell a vaping product unless the information required under subsection 7.3(1) with respect to that product is submitted to the Minister.

Marginal note:Public disclosure by manufacturer

7.5 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 vaping products and their emissions.

Marginal note:Public disclosure by Minister

7.6 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 vaping products, their emissions and any research and development related to vaping products and their emissions.

Marginal note:Non-application

7.7 Sections 7.5 and 7.6 do not apply in respect of vaping products that have never been for sale in Canada.

Marginal note:Regulations

7.8 The Governor in Council may make regulations

• (a) establishing standards respecting the characteristics of vaping products and their emissions, including the functions and the performance of the products, the sensory attributes — such as appearance and shape — of the products and their emissions, 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 vaping products and their emissions, including sales data and information on market research, product composition, ingredients, materials, health effects, hazardous properties and brand elements;

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

• (e) respecting requests for supplementary information under subsection 7.3(2);

• (f) respecting the prohibition under section 7.4, including providing for the suspension of the sale of a vaping product;

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

• (h) prescribing, for the purposes of section 7.5, information that manufacturers must make available to the public, including information referred to in paragraph (c);

• (i) prescribing, for the purposes of section 7.6, information that the Minister must make available to the public, including information referred to in paragraphs (c) and (d);

• (j) prescribing anything that by this Part is to be prescribed; and

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

PART IIAccess

Marginal note:Furnishing products to young persons

• 8 (1) No person shall furnish a tobacco product or vaping product to a young person in a public place or in a place to which the public has access.

• Marginal note:Defence

  (2) A person shall not be found to have contravened subsection (1) if it is established that the person attempted to verify that the person was at least eighteen years of age by asking for and being shown documentation prescribed for the purposes of verifying age, and believed on reasonable grounds that the documentation was authentic.

Marginal note:Sending and delivering to young persons

• 9 (1) No person shall send or deliver a tobacco product or vaping product to a young person.

• Marginal note:Defence — sender

  (2) A person shall not be found guilty of having contravened subsection (1) for having sent a tobacco product or vaping product to a young person if it is established that the person

  • (a) informed the person delivering the product of its nature and of the prohibition on its delivery to a young person; and

  • (b) instructed the person delivering the product to verify that the person taking delivery of it was at least 18 years of age by asking for and examining a piece of identification issued by a federal or provincial authority or a foreign government and containing that person’s name, photograph, date of birth and signature.

• Marginal note: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

  • (a) verified that the person taking delivery of the product was at least 18 years of age by asking for and examining a piece of identification issued by a federal or provincial authority or a foreign government and containing that person’s name, photograph, date of birth and signature; and

  • (b) believed on reasonable grounds that the piece of identification was authentic.

Marginal note:Tobacco products — interprovincial sending and delivering

• 9.1 (1) No person shall, for consideration, send or deliver a tobacco product from one province to another unless the sending or delivery is between manufacturers or retailers or is exempted from the application of this section by the regulations.

• Marginal note:Advertising an offer

  (2) No person shall advertise an offer to send or deliver a tobacco product from one province to another.

Marginal note:Minimum number of products in package

• 10 (1) No person shall import for sale in Canada, package, distribute or sell cigarettes, little cigars or blunt wraps except in a package that contains at least 20 cigarettes, little cigars or blunt wraps or, if a higher number is prescribed, at least the prescribed number.

• Marginal note:Other tobacco products

  (2) No person shall import for sale in Canada, package, distribute or sell a tobacco product — other than cigarettes, little cigars or blunt wraps — that is prescribed for the purposes of this subsection, except in a package that contains at least the prescribed portions, number or quantity of the tobacco product.

• Marginal note:Vaping products

  (3) No person shall import for sale in Canada, package, distribute or sell a vaping product that is prescribed for the purposes of this subsection, except in a package that contains a number or quantity of the vaping product that meets the prescribed requirements.

Marginal note:Self-service display

11 No person, unless exempted by the regulations, shall sell a tobacco product by means of a display that permits a person to handle the tobacco product before paying for it.

Marginal note:Dispensing device

12 No person shall furnish or permit the furnishing of a tobacco product by means of a device that dispenses tobacco products except where the device is in

• (a) a place to which the public does not reasonably have access; or

• (b) a bar, tavern or beverage room and has a prescribed security mechanism.

Marginal note:Prescription vaping products

• 13 (1) Subsections 8(1), 9(1) and 10(3) do not apply in respect of

  • (a) a prescription vaping product; or

  • (b) a device, within the meaning of section 2 of the Food and Drugs Act, that is the subject of an authorization issued under that Act authorizing its sale for use with a prescription vaping product.

• Marginal note:Definition of prescription

  (2) In this section, prescription, in respect of a vaping product, means

  • (a) that the product

    • (i) contains a drug that is set out in the prescription drug list, as amended from time to time, established under subsection 29.1(1) of the Food and Drugs Act, or a drug that is part of a class of drugs that is set out in that list, and

    • (ii) is the subject of an authorization issued under that Act authorizing its sale; or

  • (b) that the product contains a controlled substance, as defined in subsection 2(1) of the Controlled Drugs and Substances Act, the sale or provision of which is authorized under that Act.

Marginal note:Regulations

14 The Governor in Council may make regulations

• (a) prescribing the documentation that may be used to verify the age of a person for the purposes of subsection 8(2);

• (a.1) respecting exemptions to the prohibition under subsection 9.1(1);

• (b) prescribing tobacco products for the purposes of subsection 10(2) and prescribing vaping products for the purposes of subsection 10(3);

• (c) respecting, for the purposes of subsection 10(3), the number or quantity of a vaping product that a package must contain, including minimum and maximum numbers or quantities;

• (d) exempting persons from the application of section 11;

• (e) respecting exemptions from the application of section 12;

• (f) prescribing anything that by this Part is to be prescribed; and

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

PART IIILabelling

Marginal note:Information — sale of tobacco products

• 15 (1) No manufacturer or retailer shall sell a tobacco product unless the product and the package containing it display, in the prescribed form and manner, the information required by the regulations about the product and its emissions, and about the health hazards and health effects arising from the use of the product and from its emissions.

• Marginal note:Information — packaging of tobacco products

  (1.1) No manufacturer shall package a tobacco product unless the product and the package containing it display, in the prescribed form and manner, the information required by the regulations about the product and its emissions and about the health hazards and health effects arising from the use of the product and from its emissions.

• Marginal note:Information — leaflet

  (2) If required by the regulations, every manufacturer or retailer shall provide with a tobacco product, in the prescribed form and manner, a leaflet that displays the information required by the regulations about the product and its emissions and about the health hazards and health effects arising from the use of the product and from its emissions.

• (3) [Repealed, 2018, c. 9, s. 20]