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

Short Title

Marginal note:Short title

1 This Act may be cited as the Tobacco and Vaping Products Act.

Interpretation

Marginal note:Definitions

2 The definitions in this section apply in this Act.

accessory

accessory means a product that may be used in the consumption of a tobacco product, including a pipe, cigarette holder, cigar clip, lighter and matches, and also means a water pipe. It does not include cannabis accessories, as defined in subsection 2(1) of the Cannabis Act. (accessoire)

additive

additive, in respect of tobacco products, means an ingredient other than tobacco leaves. (additif)

analyst

analyst means a person designated as an analyst under subsection 34(1). (analyste)

blunt wrap

blunt wrap means a sheet, including one that is rolled, that is composed of natural or reconstituted tobacco and that is ready to be filled. (feuille d’enveloppe)

brand element

brand element includes a brand name, trademark, trade-name, distinguishing guise, logo, graphic arrangement, design or slogan that is reasonably associated with, or that evokes, a product, a service or a brand of product or service, but does not include a colour. (élément de marque)

emission

emission means a substance that is produced when a tobacco product or vaping product is used. (émission)

entity

entity includes a corporation, firm, partnership, association, society, trust or other organization, whether incorporated or not. (entité)

furnish

furnish means to sell, lend, assign, give or send, with or without consideration, or to barter or deposit with another person for the performance of a service. (fournir)

ingredient

ingredient means any substance used in the manufacture of a tobacco product, vaping product or their components, including any substance used in the manufacture of that substance, and, in respect of a tobacco product, also includes tobacco leaves. (ingrédient)

inspector

inspector means a person designated as an inspector under subsection 34(1). (inspecteur)

lifestyle advertising

lifestyle advertising means advertising that associates a product with, or evokes a positive or negative emotion about or image of, a way of life such as one that includes glamour, recreation, excitement, vitality, risk or daring. (publicité de style de vie)

little cigar

little cigar means a roll or tubular construction that

• (a) is intended for smoking;

• (b) contains a filler composed of natural or reconstituted tobacco;

• (c) has a wrapper, or a binder and a wrapper, composed of natural or reconstituted tobacco; and

• (d) has a cigarette filter or weighs no more than 1.4 g, excluding the weight of any mouthpiece or tip.

It includes any tobacco product that is designated by the regulations to be a little cigar. (petit cigare)

manufacture

manufacture, in respect of a tobacco product or vaping product, includes the manufacture of a tobacco product or vaping product for export, as well as the packaging, labelling, distributing and importing of a tobacco or vaping product for sale in Canada. (fabriquer)

manufacturer

manufacturer, in respect of a tobacco product or vaping product, includes any entity that is associated with a manufacturer, including an entity that controls or is controlled by the manufacturer or that is controlled by the same entity that controls the manufacturer. (fabricant)

Minister

Minister means the Minister of Health. (ministre)

package

package[Repealed, 2009, c. 27, s. 2]

prescribed

prescribed means prescribed by regulation. (Version anglaise seulement)

retailer

retailer means a person who is engaged in a business that includes the sale of tobacco products or vaping products to consumers. (détaillant)

sell

sell includes offer for sale, expose for sale and sell for export. (vendre)

tobacco product

tobacco product means a product made in whole or in part of tobacco, including tobacco leaves. It includes papers, tubes and filters intended for use with that product, a device, other than a water pipe, that is necessary for the use of that product and the parts that may be used with the device. (produit du tabac)

vaping product

vaping product means

• (a) a device that produces emissions in the form of an aerosol and is intended to be brought to the mouth for inhalation of the aerosol;

• (b) a device that is designated to be a vaping product by the regulations;

• (c) a part that may be used with those devices; and

• (d) a substance or mixture of substances, whether or not it contains nicotine, that is intended for use with those devices to produce emissions.

It does not include devices and substances or mixtures of substances that are excluded by the regulations, cannabis, as defined in subsection 2(1) of the Cannabis Act, cannabis accessories, as defined in that subsection, tobacco products or their accessories. (produit de vapotage)

young person

young person means a person under eighteen years of age. (jeune)

Governor in Council’s Powers

Marginal note:Regulations — little cigar and vaping product

• 2.1 (1) The Governor in Council may make regulations

  • (a) designating any tobacco product to be a little cigar for the purpose of the definition little cigar;

  • (b) designating any device to be a vaping product or not to be a vaping product for the purpose of the definition vaping product; and

  • (c) designating any substance or mixture of substances not to be a vaping product for the purpose of the definition vaping product.

• Marginal note:Order in council — little cigar

  (2) The Governor in Council may, by order, amend the definition little cigar by replacing the weight set out in that definition by a weight that is not less than 1.4 g.

Her Majesty

Marginal note:Binding on Her Majesty

3 This Act is binding on Her Majesty in right of Canada or a province.

Purpose

Marginal note:Purpose of Act

• 4 (1) The purpose of this Act is to provide a legislative response to a national public health problem of substantial and pressing concern and to protect the health of Canadians in light of conclusive evidence implicating tobacco use in the incidence of numerous debilitating and fatal diseases.

• Marginal note:Tobacco products

  (2) The purpose of this Act with respect to tobacco products is to support the objectives set out in subsection (1) and, in particular,

  • (a) to protect young persons and others from inducements to use tobacco products and the consequent dependence on them;

  • (b) to protect the health of young persons by restricting access to tobacco products;

  • (c) to prevent the public from being deceived or misled with respect to the health hazards of using tobacco products; and

  • (d) to enhance public awareness of those hazards.

• Marginal note:Vaping products

  (3) The purpose of this Act with respect to vaping products is to support the objectives set out in subsection (1), to prevent vaping product use from leading to the use of tobacco products by young persons and non-users of tobacco products and, in particular,

  • (a) to protect young persons and non-users of tobacco products from inducements to use vaping products;

  • (b) to protect the health of young persons and non-users of tobacco products from exposure to and dependence on nicotine that could result from the use of vaping products;

  • (c) to protect the health of young persons by restricting access to vaping products;

  • (d) to prevent the public from being deceived or misled with respect to the health hazards of using vaping products; and

  • (e) to enhance public awareness of those hazards.

PART ITobacco Products

Marginal note:Product standards

5 No manufacturer shall manufacture or sell a tobacco product that does not conform with the standards established by the regulations.

Marginal note:Prohibition — manufacture

• 5.1 (1) No manufacturer shall use an additive set out in column 1 of Schedule 1 in the manufacture of a tobacco product set out in column 2.

• (2) [Repealed, 2018, c. 9, s. 7]

Marginal note:Prohibition — sale

5.2 No manufacturer shall sell a tobacco product set out in column 2 of Schedule 1 that contains an additive set out in column 1.

Marginal note:Marking

• 5.3 (1) No person shall manufacture or sell a tobacco product that displays a marking, unless the marking is authorized by the regulations.

• Marginal note:Exception

  (2) A person who manufactures or sells a tobacco product that displays a marking does not contravene subsection (1) if the marking is required under an Act of the legislature of a province.

• Marginal note:Additive

  (3) Despite sections 5.1 and 5.2, a manufacturer may use a prescribed additive to display on a tobacco product a marking that is authorized by the regulations or that is required under an Act of the legislature of a province and may sell a tobacco product that displays such a marking.

Marginal note:Information required from manufacturer

• 6 (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 tobacco products, their emissions and any research and development related to tobacco products and their emissions, whether the tobacco products are for sale or not.

• 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.

Marginal note:Public disclosure by manufacturer

6.1 Every manufacturer shall make available to the public, in the prescribed form and manner and within the prescribed time, information that is required by the regulations about tobacco products and their emissions.

Marginal note:Public disclosure by Minister

6.2 The Minister shall make available to the public, in the prescribed manner and within the prescribed time, information that is required by the regulations about tobacco products, their emissions and any research and development related to tobacco products and their emissions.

Marginal note:Non-application

6.3 Sections 6.1 and 6.2 do not apply in respect of tobacco products that have never been for sale in Canada.

Marginal note:Regulations

7 The Governor in Council may make regulations

• (a) establishing standards respecting the characteristics of tobacco products and their emissions, including the sensory attributes — such as appearance and shape — of the products and their emissions, the dimensions, weight, components and performance of the products, and the amounts and concentrations of substances that may be contained in the products or their emissions;

• (b) respecting test methods, including methods to assess conformity with the standards;

• (b.1) respecting markings that may be displayed on tobacco products;

• (c) prescribing information that manufacturers must submit to the Minister about tobacco products and their emissions, including sales data and information on market research, product composition, ingredients, materials, health effects, hazardous properties and brand elements;

• (c.1) prescribing information that manufacturers must submit to the Minister about research and development related to tobacco products and their emissions, including information on market research, product composition, ingredients, materials, health effects, hazardous properties and brand elements;

• (c.2) respecting requests for supplementary information under subsection 6(2);

• (c.3) [Repealed, 2018, c. 9, s. 11]

• (d) prescribing the means, including electronic means, by which the information referred to in paragraphs (c) to (c.2) may be submitted to the Minister;

• (d.01) prescribing, for the purposes of section 6.1, information that manufacturers must make available to the public, including information referred to in paragraph (c);

• (d.02) prescribing, for the purposes of section 6.2, information that the Minister must make available to the public, including information referred to in paragraphs (c) and (c.1);

• (d.1) prescribing anything that by this Part is to be prescribed; and

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