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

Marginal note:Information — sale of vaping products

• 15.1 (1) No manufacturer or retailer shall sell a vaping 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 — manufacture of vaping products

  (2) No person shall manufacture a vaping product unless the product displays, 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 vaping products

  (3) No person shall package a vaping product unless the package containing it displays, 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 or tag

  (4) If required by the regulations, every manufacturer or retailer shall provide with a vaping product, in the prescribed form and manner, a leaflet or tag 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.

Marginal note:Attribution

15.2 The information referred to in sections 15 and 15.1 may be attributed to a person or body designated by the regulations if the attribution is made in the prescribed form and manner.

Marginal note:Display of information — tobacco product package

• 15.3 (1) No manufacturer or retailer shall sell a tobacco product if the package displays information in a manner that is contrary to the regulations.

• Marginal note:Provision of information — other

  (2) No manufacturer or retailer shall provide, in a manner that is contrary to the regulations, written information with a tobacco product.

Marginal note:For greater certainty

16 For greater certainty, this Part does not affect any obligation of a manufacturer or retailer at law or under an Act of Parliament or of the legislature of a province to warn consumers of the health hazards and health effects arising from the use of tobacco products or vaping products and from their emissions.

Marginal note:Regulations

17 The Governor in Council may make regulations

• (a) respecting the information that must appear on tobacco products and tobacco product packages and in leaflets about tobacco products and their emissions and about the health hazards and health effects arising from the use of the products and from their emissions;

• (a.1) respecting the information that must appear on vaping products or on vaping product packages and in leaflets or on tags about vaping products and their emissions and about the health hazards and health effects arising from the use of the products and from their emissions;

• (a.2) respecting, for the purposes of section 15.3, the manner of displaying or providing information, including the form and placement of the information;

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

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

PART IVPromotion

Marginal note:Definition of promotion

• 18 (1) In this Part, promotion means a representation about a product or service by any means, whether directly or indirectly, including any communication of information about a product or service and its price and distribution, that is likely to influence and shape attitudes, beliefs and behaviours about the product or service.

• Marginal note:Application of Division 1

  (2) Division 1 of this Part does not apply to

  • (a) a literary, dramatic, musical, cinematographic, scientific, educational or artistic work, production or performance that uses or depicts a tobacco product or tobacco product-related brand element, whatever the mode or form of its expression, if no consideration is given by a manufacturer or retailer, directly or indirectly, for that use or depiction in the work, production or performance;

  • (b) a report, commentary or opinion in respect of a tobacco product or a brand of tobacco product if no consideration is given by a manufacturer or retailer, directly or indirectly, for the reference to the tobacco product or brand in that report, commentary or opinion; or

  • (c) a promotion by a tobacco grower or a manufacturer that is directed at tobacco growers, manufacturers, persons who distribute tobacco products or retailers but not, either directly or indirectly, at consumers.

• Marginal note:Application of Division 2

  (3) Division 2 of this Part does not apply to

  • (a) a literary, dramatic, musical, cinematographic, scientific, educational or artistic work, production or performance that uses or depicts a vaping product or vaping product-related brand element, whatever the mode or form of its expression, if no consideration is given by a manufacturer or retailer, directly or indirectly, for that use or depiction in the work, production or performance;

  • (b) a report, commentary or opinion in respect of a vaping product or a brand of vaping product if no consideration is given by a manufacturer or retailer, directly or indirectly, for the reference to the vaping product or brand in that report, commentary or opinion; or

  • (c) a promotion by a manufacturer that is directed at manufacturers, persons who distribute vaping products or retailers but not, either directly or indirectly, at consumers.

DIVISION 1Tobacco Products

Marginal note: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.

Marginal note:False promotion

• 20 (1) No person shall promote a tobacco product, including by means of the packaging, in a manner that is false, misleading or deceptive with respect to, or that is likely to create an erroneous impression about, the characteristics, health effects or health hazards of the tobacco product or its emissions.

• Marginal note:Considerations

  (2) The general impression conveyed by a promotion and the literal meaning of any statement contained in a promotion shall be taken into account in determining whether a promotion is made in a manner that is misleading or deceptive with respect to, or is likely to create an erroneous impression about, the characteristics, health effects or health hazards of the tobacco product or its emissions.

Marginal note:Comparison and prohibited elements

20.1 No person shall promote a tobacco product, including by means of the packaging,

• (a) in a manner that could cause a person to believe that the product or its emissions are less harmful than other tobacco products or their emissions; or

• (b) by using terms, expressions, logos, symbols or illustrations that are prohibited by the regulations.

Marginal note: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.

• Marginal note:Depiction of person

  (2) For the purposes of subsection (1), the depiction of a person, character or animal, whether real or fictional, is considered to be a testimonial for, or an endorsement of, the product.

• (3) [Repealed, 2018, c. 9, s. 28]

Marginal note:Advertising

• 22 (1) Subject to this section, no person shall promote a tobacco product by means of advertising that depicts, in whole or in part, a tobacco product, its package or a tobacco product-related brand element or that evokes a tobacco product or a tobacco product-related brand element.

• Marginal note:Exception

  (2) Subject to the regulations, a person may advertise a tobacco product by means of information advertising or brand-preference advertising that is in

  • (a) a publication that is addressed and sent to an adult who is identified by name; or

  • (b) [Repealed, 2009, c. 27, s. 11]

  • (c) signs in a place where young persons are not permitted by law.

• Marginal note:Lifestyle advertising

  (3) Subsection (2) does not apply to lifestyle advertising or advertising for which there are reasonable grounds to believe that it could be appealing to young persons.

• Marginal note:Definitions

  (4) The definitions in this subsection apply in this section.

  brand-preference advertising

  brand-preference advertising means advertising that promotes a tobacco product by means of its brand characteristics. (publicité préférentielle)

  information advertising

  information advertising means advertising that provides factual information to the consumer about

  • (a) a product and its characteristics; or

  • (b) the availability or price of a product or brand of product. (publicité informative)

  lifestyle advertising

  lifestyle advertising[Repealed, 2018, c. 9, s. 29]

Marginal note:Packaging

• 23 (1) No person shall package a tobacco product in a manner that is contrary to the provisions of this Act or of the regulations.

• Marginal note:Prohibition — sale

  (2) No person shall sell a tobacco product that is packaged in a manner that is contrary to the provisions of this Act or of the regulations.

Marginal note: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.

• Marginal note:Prohibition — sale

  (2) No person shall sell a tobacco product set out in column 2 of Schedule 1 that is packaged in a manner prohibited by subsection (1).

Marginal note:Prohibition — vaping product-related brand element

• 23.2 (1) No person shall display a vaping product-related brand element on the package of a tobacco product.

• Marginal note:Prohibition — sale

  (2) No person shall sell a tobacco product if a vaping product-related brand element is displayed on its package.

Marginal note:Functions and sensory attributes

23.3 No person shall promote or sell a device that is a tobacco product or a part that may be used with such a device, whether or not the device or part contains tobacco, if the device or part has an appearance, shape or other sensory attribute or a function for which there are reasonable grounds to believe that it could make the device or part appealing to young persons.

Marginal note:Sponsorship promotion

• 24 (1) No person shall promote a tobacco product-related brand element or the name of a tobacco product manufacturer in a manner that is likely to create an association between the brand element or the name and a person, entity, event, activity or permanent facility.

• Marginal note:Promotional material

  (2) No person shall use, directly or indirectly, a tobacco product-related brand element or the name of a tobacco product manufacturer in the promotional material related to a person, entity, event, activity or permanent facility.

Marginal note:Name of facility

25 No person shall display a tobacco product-related brand element or the name of a tobacco product manufacturer on a permanent facility, as part of the name of the facility or otherwise, if the facility is used for a sports or cultural event or activity.

Marginal note:Accessories

• 26 (1) Subject to the regulations, a manufacturer or retailer may sell an accessory that displays a tobacco product-related brand element.

• Marginal note:Promotion

  (2) No person shall promote an accessory that displays a tobacco product-related brand element except in the prescribed manner and form and in a publication or place described in paragraphs 22(2)(a) and (c).

Marginal note:Brand element — thing or service

27 No person shall furnish or promote a tobacco product if any of its brand elements is displayed on a thing, other than a tobacco product or an accessory, or is used with a service, and

• (a) the thing or service is associated with young persons;

• (b) there are reasonable grounds to believe that the thing or service could be appealing to young persons; or

• (c) the thing or service is associated with a way of life such as one that includes glamour, recreation, excitement, vitality, risk or daring.