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

Marginal note:Sending and delivering to young persons

• 9 (1) No person shall send or deliver a tobacco product or vaping product to a young person.

• Marginal note:Defence — sender

  (2) A person shall not be found guilty of having contravened subsection (1) for having sent a tobacco product or vaping product to a young person if it is established that the person

  • (a) informed the person delivering the product of its nature and of the prohibition on its delivery to a young person; and

  • (b) instructed the person delivering the product to verify that the person taking delivery of it was at least 18 years of age by asking for and examining a piece of identification issued by a federal or provincial authority or a foreign government and containing that person’s name, photograph, date of birth and signature.

• Marginal note:Defence — person making delivery

  (3) A person shall not be found guilty of having contravened subsection (1) for having delivered a tobacco product or vaping product to a young person if it is established that the person

  • (a) verified that the person taking delivery of the product was at least 18 years of age by asking for and examining a piece of identification issued by a federal or provincial authority or a foreign government and containing that person’s name, photograph, date of birth and signature; and

  • (b) believed on reasonable grounds that the piece of identification was authentic.