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

Act current to 2021-11-17 and last amended on 2020-11-09. Previous Versions

PART IVPromotion (continued)

DIVISION 1Tobacco Products (continued)

Marginal note:Other things and services

  •  (1) Subject to the regulations, a person may sell a tobacco product, or advertise a tobacco product in accordance with section 22, 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 the thing or service does not fall within the criteria described in paragraphs 27(a) to (c).

  • Marginal note:Promotion

    (2) Subject to the regulations, a person may promote a thing, other than a tobacco product or an accessory, that displays a tobacco product-related brand element, or a service that uses a tobacco product-related brand element, if the thing or service does not fall within the criteria described in paragraphs 27(a) to (c).

  • 1997, c. 13, s. 28
  • 2018, c. 9, s. 34

Marginal note:Sales promotions

 No manufacturer or retailer shall

  • (a) provide or offer to provide any consideration, for the purchase of a tobacco product, including a gift to a purchaser or a third party, bonus, premium, cash rebate or right to participate in a game, draw, lottery or contest;

  • (b) furnish or offer to furnish a tobacco product without monetary consideration or in consideration of the purchase of a product or service or the performance of a service; or

  • (c) furnish or offer to furnish an accessory that displays a tobacco product-related brand element without monetary consideration or in consideration of the purchase of a product or service or the performance of a service.

  • 1997, c. 13, s. 29
  • 2018, c. 9, s. 35

Marginal note:Point of sale display of tobacco products

  •  (1) Subject to the regulations, a person may display, at the point of sale, a tobacco product or an accessory that displays a tobacco product-related brand element.

  • Marginal note:Signs

    (2) A retailer of tobacco products may post, subject to the regulations, signs at the point of sale that indicate the availability of tobacco products and their price.

  • Marginal note:For greater certainty

    (3) For greater certainty, subsection (1) does not authorize the display of a tobacco product that is packaged in a manner that is contrary to the provisions of this Act or of the regulations.

  • 1997, c. 13, s. 30
  • 2018, c. 9, s. 36

DIVISION 2Vaping Products

Marginal note:Advertising appealing to young persons

 No person shall promote a vaping product, a vaping product-related brand element or a thing that displays a vaping product-related brand element by means of advertising if there are reasonable grounds to believe that the advertising could be appealing to young persons.

  • 2018, c. 9, s. 36

Marginal note:Lifestyle advertising

 No person shall promote a vaping product, a vaping product-related brand element or a thing that displays a vaping product-related brand element by means of lifestyle advertising.

  • 2018, c. 9, s. 36

Marginal note:Testimonials or endorsements

  •  (1) No person shall promote a vaping 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.

  • 2018, c. 9, s. 37

Marginal note:Sponsorship promotion

  •  (1) No person shall promote a vaping product-related brand element or the name of a vaping 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 vaping product-related brand element or the name of a vaping product manufacturer in the promotional material related to a person, entity, event, activity or permanent facility.

  • 2018, c. 9, s. 36

Marginal note:Name of facility

 No person shall display a vaping product-related brand element or the name of a vaping 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.

  • 2018, c. 9, s. 36

Marginal note:Functions and sensory attributes

 No person shall promote or sell a vaping product that has an appearance, shape or other sensory attribute or a function for which there are reasonable grounds to believe that it could make the product appealing to young persons.

  • 2018, c. 9, s. 38

Marginal note:False promotion

  •  (1) No person shall promote a vaping product, including by means of the packaging,

    • (a) 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 vaping product or its emissions;

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

    • (c) by using, in a manner that is contrary to the regulations, prescribed terms, expressions, logos, symbols or illustrations.

  • 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 vaping product or its emissions.

  • 2018, c. 9, s. 38

Marginal note:Health benefits

  •  (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 may be derived from the use of the product or from its emissions.

  • Marginal note:Comparisons

    (2) Subject to subsection (3) and the regulations, no person shall promote a vaping product, including by means of the packaging, by comparing the health effects arising from the use of the product or from its emissions with those arising from the use of a tobacco product or from its emissions.

  • Marginal note:Exception

    (3) Subsections (1) and (2) do not apply in respect of a vaping product that is the subject of an authorization, including a licence, issued under the Food and Drugs Act authorizing its sale.

  • 2018, c. 9, s. 38

Marginal note:Discouraging tobacco cessation

 No person shall promote a vaping product, including by means of the packaging, if there are reasonable grounds to believe that the promotion could discourage tobacco cessation or encourage the resumed use of tobacco products.

  • 2018, c. 9, s. 38

Marginal note:Packaging

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

  • 2018, c. 9, s. 38

Marginal note:Indication or illustration

  •  (1) No person shall display on a vaping product or on its package an indication or illustration, including a brand element, that could cause a person to believe that the product is flavoured if there are reasonable grounds to believe that the indication or illustration could be appealing to young persons.

  • Marginal note:Prohibition — sale

    (2) No person shall sell a vaping product if an indication or illustration referred to in subsection (1) is displayed on the product or on its package.

  • 2018, c. 9, s. 38

Marginal note:Prohibited ingredients

  •  (1) No person shall promote a vaping product set out in column 2 of Schedule 2, including by means of the packaging, through an indication or illustration, including a brand element, that could cause a person to believe that the product contains an ingredient set out in column 1.

  • Marginal note:Prohibition — sale

    (2) No person shall sell a vaping product set out in column 2 of Schedule 2 if an indication or illustration referred to in subsection (1) is displayed on the product or on its package.

  • 2018, c. 9, s. 38

Marginal note:Flavours

  •  (1) No person shall promote a vaping product set out in column 2 of Schedule 3, including by means of the packaging, through an indication or illustration, including a brand element, that could cause a person to believe that the product has a flavour set out in column 1.

  • Marginal note:Prohibition — sale

    (2) No person shall sell a vaping product set out in column 2 of Schedule 3 if an indication or illustration referred to in subsection (1) is displayed on the product or on its package.

  • 2018, c. 9, s. 38

Marginal note:Amendment of Schedule 3

  •  (1) The Governor in Council may, by order, amend Schedule 3 by adding, amending or deleting

    • (a) the name or description of a flavour or vaping product; or

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

  • Marginal note:Description

    (2) A flavour 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 3 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 3, 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 3 is to come into force.

  • 2018, c. 9, s. 38

Marginal note:Giving or offering to give

 Subject to the regulations, no manufacturer or retailer shall give or offer to give

  • (a) a vaping product; or

  • (b) a thing that displays a vaping product-related brand element if

    • (i) the thing is associated with young persons,

    • (ii) there are reasonable grounds to believe that the thing could be appealing to young persons, or

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

  • 2018, c. 9, s. 36

Marginal note:Sales promotions — offering consideration

  •  (1) No manufacturer or retailer shall, in a place to which young persons have access,

    • (a) offer to provide any consideration, for the purchase of a vaping product, including a gift to a purchaser or a third party, bonus, premium, cash rebate or right to participate in a game, draw, lottery or contest; or

    • (b) offer to furnish a vaping product in consideration of the purchase of a product or service or the performance of a service.

  • Marginal note:Sales promotions — providing consideration

    (2) No manufacturer or retailer shall, in a place other than a retail establishment where vaping products are ordinarily sold,

    • (a) provide any consideration, for the purchase of a vaping product, including a gift to a purchaser or a third party, bonus, premium, cash rebate or right to participate in a game, draw, lottery or contest; or

    • (b) furnish a vaping product in consideration of the purchase of a product or service or the performance of a service.

  • 2018, c. 9, s. 36

Marginal note:Advertising — required information

 No person shall promote a vaping product or a vaping product-related brand element by means of advertising unless it conveys, 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.

  • 2018, c. 9, s. 36

Marginal note:Advertising — regulations

 No person shall promote a vaping product or a vaping product-related brand element by means of advertising done in a manner that is contrary to the regulations.

  • 2018, c. 9, s. 36

Marginal note:Tobacco product-related brand element

 No person shall furnish or promote a vaping product if a tobacco product-related brand element is displayed on the vaping product, on its package or in the advertising of the vaping product.

  • 2018, c. 9, s. 40

Marginal note:Point of sale promotion

 No person shall promote, at the point of sale, a vaping product or a vaping product-related brand element, including by means of the packaging, in a manner that is contrary to the regulations.

  • 2018, c. 9, s. 36

DIVISION 3Miscellaneous Provisions

Marginal note:Communication media

  •  (1) No person shall, on behalf of another person, with or without consideration, publish, broadcast or otherwise disseminate any promotion that is prohibited by this Part.

  • Marginal note:Exception

    (2) Subsection (1) does not apply to the distribution for sale of an imported publication or the retransmission of radio or television broadcasts that originate outside Canada.

  • Marginal note:Foreign media

    (3) No person in Canada shall, by means of a publication that is published outside Canada, a broadcast that originates outside Canada or any communication other than a publication or broadcast that originates outside Canada, promote any product the promotion of which is regulated under this Part, or disseminate promotional material that contains a tobacco product-related brand element or a vaping product-related brand element in a manner that is contrary to this Part.

  • 1997, c. 13, s. 31
  • 2018, c. 9, s. 41
 
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