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

Act current to 2019-06-20 and last amended on 2019-06-17. Previous Versions

PART IVPromotion (continued)

DIVISION 2Vaping Products (continued)

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

Marginal note:Report to Minister

  •  (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 any promotion referred to in paragraph 18(2)(c) or (3)(c) and about any promotion referred to in Division 1 or 2.

  • 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.

  • 1997, c. 13, s. 32
  • 2018, c. 9, s. 42

Marginal note:Regulations

 The Governor in Council may make regulations

  • (a) respecting the promotion of tobacco products, the use and promotion of tobacco product-related brand elements and the packaging of tobacco products, including the form, manner and conditions of the promotion and packaging, and the promotion of services and things for the purposes of section 28;

  • (a.1) for the purposes of paragraph 20.1(b), prohibiting the use of terms, expressions, logos, symbols or illustrations in order to prevent the public from being deceived or misled with respect to the health effects or health hazards of tobacco products or their emissions;

  • (b) respecting the advertising of tobacco products for the purposes of subsection 22(2);

  • (c) respecting, for the purposes of subsection 26(1), the manner in which a tobacco product-related brand element may appear on an accessory;

  • (d) respecting the display of tobacco products and accessories at the point of sale;

  • (e) respecting signs that a retailer may post under subsection 30(2), including the placement of the signs and their number, size and content;

  • (e.1) for the purposes of section 30.42, prohibiting or respecting the use of terms, expressions, logos, symbols or illustrations in order to prevent the public from being deceived or misled with respect to the health effects or health hazards of vaping products or their emissions;

  • (e.2) respecting exceptions to the prohibitions under subsections 30.43(1) and (2);

  • (e.3) respecting, for the purposes of section 30.45, the packaging of vaping products, including by prohibiting the display of terms, expressions, logos, symbols or illustrations on the package that could be appealing to young persons;

  • (f) respecting exceptions to the prohibition under section 30.5;

  • (g) respecting, for the purposes of section 30.7, the information 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 that must be conveyed in advertising;

  • (g.1) respecting, for the purposes of section 30.701, the advertising of vaping products and vaping product-related brand elements;

  • (h) respecting, for the purposes of section 30.8, the promotion, at the point of sale, of vaping products and vaping product-related brand elements, including their display;

  • (i) requiring manufacturers to disclose the particulars of their tobacco product-related and vaping product-related brand elements and promotional activities;

  • (j) respecting requests for supplementary information under subsection 32(2);

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

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

  • 1997, c. 13, s. 33
  • 1998, c. 38, s. 3
  • 2018, c. 9, s. 44
 
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