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

Act current to 2019-03-27 and last amended on 2018-11-19. Previous Versions

PART IIAccess (continued)

Marginal note:Regulations

 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.

  • 1997, c. 13, s. 14;
  • 2018, c. 9, s. 19.

PART IIILabelling

Marginal note:Information — sale of tobacco products

  •  (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  • (3) [Repealed, 2018, c. 9, s. 20]

  • 1997, c. 13, s. 15;
  • 2018, c. 9, s. 20.

Marginal note:Information — sale of vaping products

  •  (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.

  • 2018, c. 9, s. 21.

Marginal note:Attribution

 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.

  • 2018, c. 9, s. 21.

Marginal note:Display of information — tobacco product package

  •  (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.

  • 2018, c. 9, s. 21.

Marginal note:For greater certainty

 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.

  • 1997, c. 13, s. 16;
  • 2018, c. 9, s. 21.

Marginal note:Regulations

 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.

  • 1997, c. 13, s. 17;
  • 2018, c. 9, s. 22.

PART IVPromotion

Marginal note:Definition of promotion

  •  (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.

  • 1997, c. 13, s. 18;
  • 2018, c. 9, s. 23.

DIVISION 1Tobacco Products

Marginal note:Prohibition

 No person shall promote a tobacco product or a tobacco product-related brand element except as authorized by this Act or the regulations.

 
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