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

Act current to 2019-01-30 and last amended on 2018-11-19. Previous Versions

PART IVPromotion (continued)

DIVISION 1Tobacco Products (continued)

Marginal note:False promotion

  •  (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.

  • 1997, c. 13, s. 20;
  • 2018, c. 9, s. 26.

Marginal note:Comparison and prohibited elements

 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.

  • 2018, c. 9, s. 27.

Marginal note:Testimonials or endorsements

  •  (1) No person shall promote a tobacco product by means of a testimonial or an endorsement, however displayed or communicated.

  • 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.

  • Marginal note:Exception

    (3) This section does not apply to a trade-mark that appeared on a tobacco product for sale in Canada on December 2, 1996.

Marginal note:Advertising

  •  (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]

  • 1997, c. 13, s. 22;
  • 2009, c. 27, s. 11;
  • 2018, c. 9, s. 29.

Marginal note:Packaging

  •  (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.

  • 1997, c. 13, s. 23;
  • 2018, c. 9, s. 30.

Marginal note:Prohibited additives — packaging

  •  (1) No person shall package a tobacco product set out in column 2 of Schedule 1 in a manner that suggests, including through illustrations, 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).

  • 2009, c. 27, s. 12;
  • 2018, c. 9, s. 70.

Marginal note:Prohibition — vaping product-related brand element

  •  (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.

  • 2018, c. 9, s. 32.

Marginal note:Functions and sensory attributes

 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.

  • 2018, c. 9, s. 32.

Marginal note:Sponsorship promotion

  •  (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.

  • 1997, c. 13, s. 24;
  • 1998, c. 38, s. 1;
  • 2018, c. 9, s. 33.

Marginal note:Name of facility

 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.

  • 1997, c. 13, s. 25;
  • 1998, c. 38, s. 2;
  • 2018, c. 9, s. 33.

Marginal note:Accessories

  •  (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).

  • 1997, c. 13, s. 26;
  • 2009, c. 27, s. 13.

Marginal note:Brand element — thing or service

 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.

  • 1997, c. 13, s. 27;
  • 2018, c. 9, s. 34.
 
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