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

Act current to 2022-09-11 and last amended on 2020-11-09. Previous Versions

PART IVPromotion (continued)

DIVISION 3Miscellaneous Provisions (continued)

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

PART VAdministration and Enforcement

Inspection and Analysis

Marginal note:Designation of inspectors and analysts

  •  (1) The Minister may designate any person or class of persons as an inspector or analyst for the purpose of the administration and enforcement of this Act.

  • Marginal note:Certificate

    (2) Every inspector and analyst shall be given a certificate, in a form established by the Minister, attesting to the inspector or analyst’s designation.

  • Marginal note:Certificate to be produced

    (3) An inspector entering a place under this Act shall, on request, produce the certificate to the person in charge of that place.

  • 1997, c. 13, s. 34
  • 2018, c. 9, s. 45

Marginal note:Authority to enter place

  •  (1) For a purpose related to verifying compliance with this Act, an inspector may, subject to section 36, enter any place, including a conveyance, in which the inspector believes on reasonable grounds

    • (a) a tobacco product or vaping product is manufactured, tested, stored, promoted, transported or furnished;

    • (b) there is anything used in the manufacture, testing, promotion or furnishing of a tobacco product or vaping product; or

    • (c) there is any information relating to the manufacture, testing, storage, promotion, transporting or furnishing of a tobacco product or vaping product.

  • Marginal note:Powers of inspector

    (2) An inspector may, for the purpose referred to in subsection (1),

    • (a) examine a tobacco product, vaping product or thing referred to in paragraph (1)(b) that is found in the place;

    • (b) order any person to produce for examination, in the manner and form requested by the inspector, the tobacco product, vaping product or thing;

    • (c) open or order any person to open any container or package found in the place that the inspector believes on reasonable grounds contains the tobacco product, vaping product or thing;

    • (d) take or order any person to take, free of charge, a sample of the tobacco product, vaping product or thing;

    • (e) conduct any test or analysis or take any measurements;

    • (f) order any person found in the place to produce for examination or copying any written or electronic information;

    • (g) take photographs and make recordings and sketches;

    • (h) order the owner or person having possession, care or control of the tobacco product, vaping product or thing — or of the conveyance — to move it or, for any time that may be necessary, not to move it or to restrict its movement;

    • (i) order the owner or person in charge of the place or a person who manufactures, tests, stores, promotes, transports or furnishes a tobacco product or vaping product at the place to establish their identity to the inspector’s satisfaction;

    • (j) use or order any person to use a computer system, as defined in subsection 342.1(2) of the Criminal Code, that is found in the place to examine data that are contained in or available to the computer system, reproduce the data or order any person to reproduce the data in the form of a printout or other intelligible output and remove the output for examination or copying; or

    • (k) use or order any person to use copying equipment that is found in the place and remove the copies for examination.

  • Marginal note:Means of telecommunication

    (3) For the purposes of subsections (1) and (2), the inspector is considered to have entered a place when they access it remotely by a means of telecommunication.

  • Marginal note:Limitation — access by means of telecommunication

    (4) An inspector who enters remotely, by a means of telecommunication, a place that is not accessible to the public must do so with the knowledge of the owner or person in charge of the place and only for the period necessary for the purpose referred to in subsection (1).

  • Marginal note:Persons accompanying inspector

    (5) The inspector may be accompanied by any person that they believe is necessary to help them exercise their powers or perform their duties or functions under this section.

  • Marginal note:Entering private property

    (6) An inspector and any person accompanying them may enter and pass through private property, other than a dwelling-house on that property, in order to gain entry to a place referred to in subsection (1).

  • 1997, c. 13, s. 35
  • 2018, c. 9, s. 45

Marginal note:Warrant to enter dwelling-house

  •  (1) If the place is a dwelling-house, an inspector may enter it without the occupant’s consent only under the authority of a warrant issued under subsection (2).

  • Marginal note:Authority to issue warrant

    (2) On ex parte application, a justice of the peace may issue a warrant authorizing the inspector named in the warrant to enter a dwelling-house, subject to any conditions specified in the warrant, if the justice is satisfied by information on oath that

    • (a) the dwelling-house is a place referred to in subsection 35(1);

    • (b) entry to the dwelling-house is necessary for a purpose referred to in that subsection; and

    • (c) entry to the dwelling-house was refused by the occupant or there are reasonable grounds to believe that entry will be refused by, or that consent to entry cannot be obtained from, the occupant.

  • Marginal note:Use of force

    (3) In executing a warrant issued under subsection (2), an inspector may use force only if the use of force has been specifically authorized in the warrant and they are accompanied by a peace officer.

  • Marginal note:Telewarrant

    (4) If an inspector believes that it would not be practical to appear personally to make an application for a warrant under subsection (2), a warrant may be issued by telephone or other means of telecommunication on information submitted by telephone or other means of telecommunication, and section 487.1 of the Criminal Code applies for that purpose, with any necessary modifications.

  • 1997, c. 13, s. 36
  • 2018, c. 9, s. 45

Marginal note:Certificate of analysis

 An analyst who has analysed or examined a thing under this Act, or a sample of it, may issue a certificate or report setting out the results of the analysis or examination.

Marginal note:Assistance to inspectors

  •  (1) The owner or person in charge of a place referred to in subsection 35(1) and every person found in that place shall give all assistance that is reasonably required to enable the inspector to exercise their powers or perform their duties or functions under this Act, including by providing them with any documents or information, and access to any data, that they may reasonably require for that purpose and by complying with any order made by the inspector under subsection 35(2) or paragraph 39(2)(b).

  • Marginal note:Obstruction

    (2) No person shall obstruct or hinder, or make a false or misleading statement either orally or in writing to, an inspector who is exercising their powers or performing their duties or functions under this Act.

  • 1997, c. 13, s. 38
  • 2018, c. 9, s. 46

Seizure and Restoration

Marginal note:Seizure

  •  (1) An inspector may seize any thing — including a tobacco product or vaping product — found in a place referred to in subsection 35(1), or a conveyance referred to in that subsection, that they have reasonable grounds to believe was used in the contravention of this Act or is something in relation to which the Act was contravened.

  • Marginal note:Storage

    (2) An inspector who seizes a thing or a conveyance may

    • (a) on notice to and at the expense of its owner or the person having possession, care or control of it at the time of its seizure, store it or move it; or

    • (b) order its owner or the person having possession, care or control of it at the time of its seizure to, at their expense, store it or move it.

  • Marginal note:Interference

    (3) Unless authorized by an inspector, no person shall remove, alter or interfere in any way with any thing or conveyance seized.

  • 1997, c. 13, s. 39
  • 2018, c. 9, s. 47

Marginal note:Application for restoration

  •  (1) Any person from whom a thing or conveyance was seized may, within 60 days after the date of seizure, apply to a provincial court judge within whose jurisdiction the seizure was made for an order of restoration, if the person sends a notice containing the prescribed information to the Minister within the prescribed time and in the prescribed manner.

  • Marginal note:Order of restoration

    (2) The provincial court judge may order that the thing or conveyance be restored immediately to the applicant if, on hearing the application, the judge is satisfied

    • (a) that the applicant is entitled to possession of the thing or conveyance seized; and

    • (b) that the thing or conveyance seized is not and will not be required as evidence in any proceedings in respect of an offence under this Act.

  • Marginal note:Order of later restoration

    (3) If, on hearing an application made under subsection (1), the provincial court judge is satisfied that the applicant is entitled to possession of the thing or conveyance seized but is not satisfied with respect to the matters mentioned in paragraph (2)(b), the judge may order that the thing or conveyance seized be restored to the applicant

    • (a) on the expiration of one hundred and eighty days after the date of the seizure if no proceedings in respect of an offence under this Act have been commenced before that time; or

    • (b) on the final conclusion of any such proceedings, in any other case.

  • Marginal note:No restoration where forfeiture by consent

    (4) The provincial court judge shall not make an order under this section for restoration of a thing or conveyance if it has been forfeited by consent under subsection 41(3).

  • 1997, c. 13, s. 40
  • 2018, c. 9, s. 48

Marginal note:Forfeiture

  •  (1) If no application has been made under subsection 40(1) for the restoration of a thing or conveyance seized under this Act within 60 days after the date of the seizure, or an application has been made but on the hearing of the application no order of restoration is made, the thing or conveyance is forfeited to Her Majesty in right of Canada.

  • Marginal note:Forfeiture on conviction

    (2) If a person has been convicted of an offence under this Act, any thing or conveyance seized under this Act by means of or in respect of which the offence was committed is forfeited to Her Majesty in right of Canada.

  • Marginal note:Forfeiture with consent

    (3) If an inspector has seized a thing or conveyance and the owner or the person in whose possession it was at the time of seizure consents in writing to its forfeiture, the thing or conveyance is forfeited to Her Majesty in right of Canada.

  • Marginal note:Disposal

    (4) A seized thing or conveyance that is forfeited may be disposed of, as the Minister directs, at the expense of its owner or the person who was entitled to possess it at the time of its seizure.

  • 1997, c. 13, s. 41
  • 2018, c. 9, s. 49

Marginal note:Recovery of costs

  •  (1) Her Majesty in right of Canada may recover, as a debt due to Her Majesty in right of Canada, any costs incurred by Her Majesty in right of Canada in relation to anything required or authorized under section 39 or subsection 41(4), including the storage, movement or disposal of a thing or conveyance.

  • Marginal note:Time limit

    (2) Proceedings to recover a debt due to Her Majesty in right of Canada under subsection (1) shall not be commenced later than five years after the day on which the debt became payable.

  • 2018, c. 9, s. 49
 
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