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First Session, Forty-second Parliament,
64-65 Elizabeth II, 2015-2016
SENATE OF CANADA
BILL S-5
An Act to amend the Tobacco Act and the Non-smokers’ Health Act and to make consequential amendments to other Acts
FIRST READING, November 22, 2016
THE HONOURABLE SENATOR HARDER, P.‍C.
90817


SUMMARY
Part 1 of this enactment amends the Tobacco Act. In order to respond to the report of the House of Commons’ Standing Committee on Health entitled Vaping: Toward a Regulatory Framework for E-Cigarettes, it amends the Act to regulate the manufacture, sale, labelling and promotion of vaping products and changes the title of the Act accordingly. It also amends certain provisions of the Act relating to tobacco products, including with respect to product standards, disclosure of product information, product sale, sending and delivery and product promotion. As well, it adds new provisions to the Act, including in respect of inspection and seizure.
Part 1 also makes consequential amendments to the Food and Drugs Act and the Canada Consumer Product Safety Act.
Part 2 of this enactment amends the Non-smokers’ Health Act to regulate the use of vaping products in the federal workplace and on certain modes of transportation.
Available on the Parliament of Canada Web Site at the following address:
http://www.parl.gc.ca


TABLE OF PROVISIONS
An Act to amend the Tobacco Act and the Non-smokers’ Health Act and to make consequential amendments to other Acts
PART 1
Tobacco Act
Amendments to the Act
1
Consequential Amendments
71
Food and Drugs Act
73
An Act to amend the Tobacco Act
75
Canada Consumer Product Safety Act
Terminology
77
Replacement of “Tobacco Act” — Act
Coordinating Amendments
78
2009, c. 27
79
2014, c. 20
Coming into Force
80
Order in council
PART 2
Non-smokers’ Health Act
81
SCHEDULE


1st Session, 42nd Parliament,
64-65 Elizabeth II, 2015-2016
SENATE OF CANADA
BILL S-5
An Act to amend the Tobacco Act and the Non-smokers’ Health Act and to make consequential amendments to other Acts
Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:
PART 1
1997, c. 13
Tobacco Act
Amendments to the Act
1The long title of the Tobacco Act is replaced by the following:
An Act to regulate the manufacture, sale, labelling and promotion of tobacco products and vaping products
2Section 1 of the Act is replaced by the following:
Short title
1This Act may be cited as the Tobacco and Vaping Products Act.
2009, c. 27, s. 2(2)
3(1)The definitions accessory, additive, emission, ingredient, manufacture, manufacturer, retailer, sell and tobacco product in section 2 of the Act are replaced by the following:
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. (accessoire)
additive, in respect of tobacco products, means an ingredient other than tobacco leaves. (additif)
emission means a substance that is produced when a tobacco product or vaping product is used.‍ (émission)
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)
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, 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)
retailer means a person who is engaged in a business that includes the sale of tobacco products or vaping products to consumers.‍ (détaillant)
sell includes offer for sale, expose for sale and sell for export. (vendre)
tobacco product means a product made in whole or in part of tobacco and 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)
2009, c. 27, s. 2(2)
(2)The portion of the definition little cigar in section 2 of the English version of the Act after paragraph (d) is replaced by the following:
It includes any tobacco product that is designated by the regulations to be a little cigar.‍ (petit cigare)
(3)Section 2 of the Act is amended by adding the following in alphabetical order:
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)
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, tobacco products or their accessories. (produit de vapotage)
2009, c. 27, s. 3
4Subsection 2.‍1(1) of the Act is replaced by the following:
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.
5Section 4 of the Act is replaced by the following:
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.
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.
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.
6Section 5 of the Act is replaced by the following:
Product standards
5No manufacturer shall manufacture or sell a tobacco product that does not conform with the standards established by the regulations.
2009, c. 27, s. 4
7(1)Subsection 5.‍1(1) of the Act is replaced by the following:
Prohibition — manufacture
5.‍1(1)No manufacturer shall use an additive set out in column 1 of the schedule in the manufacture of a tobacco product set out in column 2.
2009, c. 27, s. 4
(2)Subsection 5.‍1(2) of the Act is repealed.
2009, c. 27, s. 5
8Section 5.‍2 of the Act is replaced by the following:
Prohibition — sale
5.‍2No manufacturer shall sell a tobacco product set out in column 2 of Schedule 1 that contains an additive set out in column 1.
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.
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.
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.
2009, c. 27, s. 6
9Section 6 of the Act is replaced by the following:
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.
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.
Public disclosure by manufacturer
6.‍1Every 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.
Public disclosure by Minister
6.‍2The 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.
Non-application
6.‍3Sections 6.‍1 and 6.‍2 do not apply in respect of tobacco products that have never been for sale in Canada.
10The Act is amended by adding the following after section 6:
Prohibition
6.‍01Subject to the regulations, no manufacturer shall sell a tobacco product unless the information required under subsection 6(1) with respect to that product is submitted to the Minister.
2009, c. 27, s. 8(1)
11(1)Paragraph 7(a) of the Act is replaced by the following:
(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;
(2)Section 7 of the Act is amended by adding the following after paragraph (b):
(b.‍1)respecting markings that may be displayed on tobacco products;
2009, c. 27, s. 8(1)
(3)Paragraphs 7(c) and (c.‍1) of the Act are replaced by the following:
(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;
2009, c. 27, s. 8(1)
(4)Paragraph 7(c.‍3) of the Act is repealed.
(5)Section 7 of the Act is amended by adding the following after paragraph (c.‍2):
(c.‍3)respecting the prohibition under section 6.‍01, including providing for the suspension of the sale of a tobacco product;
(6)Section 7 of the Act is amended by adding the following after paragraph (d):
(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);
12The Act is amended by adding the following after section 7.‍1:
PART I.‍1
Vaping Products
Product standards
7.‍2No manufacturer shall manufacture or sell a vaping product that does not conform with the standards established by the regulations.
Information required from manufacturer
7.‍3(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 vaping products, their emissions and any research and development related to vaping products and their emissions, whether the vaping products are for sale or not.
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.
Prohibition
7.‍4Subject to the regulations, no manufacturer shall sell a vaping product unless the information required under subsection 7.‍3(1) with respect to that product is submitted to the Minister.
Public disclosure by manufacturer
7.‍5Every 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 vaping products and their emissions.
Public disclosure by Minister
7.‍6The Minister shall make available to the public, in the prescribed manner and within the prescribed time, information that is required by the regulations about vaping products, their emissions and any research and development related to vaping products and their emissions.
Non-application
7.‍7Sections 7.‍5 and 7.‍6 do not apply in respect of vaping products that have never been for sale in Canada.
Regulations
7.‍8The Governor in Council may make regulations
(a)establishing standards respecting the characteristics of vaping products and their emissions, including the functions and the performance of the products, the sensory attributes — such as appearance and shape — of the products and their emissions, 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;
(c)prescribing information that manufacturers must submit to the Minister about vaping products and their emissions, including sales data and information on market research, product composition, ingredients, materials, health effects, hazardous properties and brand elements;
(d)prescribing information that manufacturers must submit to the Minister about research and development related to vaping products and their emissions, including information on market research, product composition, ingredients, materials, health effects, hazardous properties and brand elements;
(e)respecting requests for supplementary information under subsection 7.‍3(2);
(f)respecting the prohibition under section 7.‍4, including providing for the suspension of the sale of a vaping product;
(g)prescribing the means, including electronic means, by which the information referred to in paragraphs (c) to (e) may be submitted to the Minister;
(h)prescribing, for the purposes of section 7.‍5, information that manufacturers must make available to the public, including information referred to in paragraph (c);
(i)prescribing, for the purposes of section 7.‍6, information that the Minister must make available to the public, including information referred to in paragraphs (c) and (d);
(j)prescribing anything that by this Part is to be prescribed; and
(k)generally for carrying out the purposes of this Part.
13The Act is amended by adding the following after section 7.‍2:
Prohibition — manufacture
7.‍21No manufacturer shall use an ingredient set out in column 1 of Schedule 2 in the manufacture of a vaping product set out in column 2.
Prohibition — sale
7.‍22No manufacturer shall sell a vaping product set out in column 2 of Schedule 2 that contains an ingredient set out in column 1.
Amendment of Schedule 2
7.‍23(1)The Governor in Council may, by order, amend Schedule 2 by adding, amending or deleting
(a)the name or description of an ingredient or vaping product; or
(b)a reference to all vaping products, with or without exceptions.
Description
(2)An ingredient 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.
Operation of amendments suspended
(3)An order made under subsection (1) may provide that the operation of the amendments to Schedule 2 is suspended with respect to retailers for a period of 30 days after the day on which the order comes into force.
Consequences of suspension
(4)During the period in which the operation of the amendments is suspended with respect to retailers,
(a)Schedule 2, 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 2 is to come into force.
14(1)Subsection 8(1) of the Act is replaced by the following:
Furnishing products to young persons
8(1)No person shall furnish a tobacco product or vaping product to a young person in a public place or in a place to which the public has access.
(2)Subsection 8(2) of the Act is replaced by the following:
Defence
(2)A person shall not be found guilty of having contravened subsection (1) if it is established that they attempted to verify, in accordance with the regulations, that the person was at least 18 years of age.
15(1)Section 9 of the Act is replaced by the following:
Sending and delivering to young persons
9(1)No person shall send or deliver a tobacco product or vaping product to a young person.
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.
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.
Tobacco products — interprovincial sending and delivering
9.‍1(1)No person shall, for consideration, send or deliver a tobacco product from one province to another unless the sending or delivery is between manufacturers or retailers or is exempted from the application of this section by the regulations.
Advertising an offer
(2)No person shall advertise an offer to send or deliver a tobacco product from one province to another.
(2)Paragraph 9(2)‍(b) of the Act is replaced by the following:
(b)instructed the person delivering the product to verify, in accordance with the regulations, that the person taking delivery of it is at least 18 years of age.
(3)Subsection 9(3) of the Act is replaced by the following:
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 verified, in accordance with the regulations, that the person taking delivery of the product was at least 18 years of age.
16Section 10 of the Act is amended by adding the following after subsection (2):
Vaping products
(3)No person shall import for sale in Canada, package, distribute or sell a vaping product that is prescribed for the purposes of this subsection, except in a package that contains a number or quantity of the vaping product that meets the prescribed requirements.
17Section 12 of the Act is replaced by the following:
Dispensing device
12Subject to the regulations, no person shall furnish or permit the furnishing of a tobacco product or vaping product by means of a dispensing device.
18Section 13 of the Act is replaced by the following:
Prescription vaping products
13(1)Subsections 8(1), 9(1) and 10(3) do not apply in respect of
(a)a prescription vaping product; or
(b)a device, within the meaning of section 2 of the Food and Drugs Act, that is the subject of an authorization issued under that Act authorizing its sale for use with a prescription vaping product.
Definition of prescription
(2)In this section, prescription, in respect of a vaping product, means that the product
(a)contains a drug that is set out in the prescription drug list, as amended from time to time, established under subsection 29.‍1(1) of the Food and Drugs Act, or a drug that is part of a class of drugs that is set out in that list; and
(b)is the subject of an authorization issued under that Act authorizing its sale.
19(1)Paragraph 14(a) of the Act is replaced by the following:
(a)respecting the verifications referred to in subsection 8(2), paragraph 9(2)‍(b) and subsection 9(3);
(2)Paragraphs 14(b) to (d) of the Act are replaced by the following:
(a.‍1)respecting exemptions to the prohibition under subsection 9.‍1(1);
(b)prescribing tobacco products for the purposes of subsection 10(2) and prescribing vaping products for the purposes of subsection 10(3);
(c)respecting, for the purposes of subsection 10(3), the number or quantity of a vaping product that a package must contain, including minimum and maximum numbers or quantities;
(d)exempting persons from the application of section11;
(3)Paragraph 14(e) of the Act is replaced by the following:
(e)respecting exceptions to the prohibition under section 12;
20(1)Subsection 15(1) of the Act is replaced by the following:
Information — sale of tobacco products
15(1)No manufacturer or retailer shall sell a tobacco product unless the package containing it displays, 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.
(2)Section 15 of the Act is amended by adding the following after subsection (1):
Information — packaging of tobacco products
(1.‍1)No manufacturer shall package a tobacco product unless the package containing it displays, 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.
(3)Subsections 15(2) and (3) of the Act are replaced by the following:
Information — leaflet
(2)If required by the regulations, every manufacturer or retailer shall provide with a tobacco product, in the prescribed form and manner, a leaflet that displays 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.
21Section 16 of the Act is replaced by the following:
Information — sale of vaping products
15.‍1(1)No manufacturer or retailer shall sell a vaping product unless the product and the package containing it display, 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.
Information — manufacture of vaping products
(2)No person shall manufacture a vaping product unless the product displays, 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.
Information — packaging of vaping products
(3)No person shall package a vaping product unless the package containing it displays, 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.
Information — leaflet or tag
(4)If required by the regulations, every manufacturer or retailer shall provide with a vaping product, in the prescribed form and manner, a leaflet or tag that displays 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.
Attribution
15.‍2The information referred to in sections 15 and 15.‍1 may be attributed to a person or body designated by the regulations if the attribution is made in the prescribed form and manner.
Display of information — tobacco product package
15.‍3(1)No manufacturer or retailer shall sell a tobacco product if the package displays information in a manner that is contrary to the regulations.
Provision of information — other
(2)No manufacturer or retailer shall provide, in a manner that is contrary to the regulations, written information with a tobacco product.
For greater certainty
16For greater certainty, this Part does not affect any obligation of a manufacturer or retailer at law or under an Act of Parliament or of the legislature of a province to warn consumers of the health hazards and health effects arising from the use of tobacco products or vaping products and from their emissions.
22Paragraph 17(a) of the Act is replaced by the following:
(a)respecting the information that must appear on tobacco product packages and in leaflets about tobacco products and their emissions and about the health hazards and health effects arising from the use of the products and from their emissions;
(a.‍1)respecting the information that must appear on vaping products or on vaping product packages and in leaflets or on tags 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;
(a.‍2)respecting, for the purposes of section 15.‍3, the manner of displaying or providing information, including the form and placement of the information;
23(1)The portion of subsection 18(2) of the Act before paragraph (a) is replaced by the following:
Application of Division 1
(2)Division 1 of this Part does not apply to
(2)Paragraph 18(2)‍(a) of the English version of the Act is replaced by the following:
(a)a literary, dramatic, musical, cinematographic, scientific, educational or artistic work, production or performance that uses or depicts a tobacco product or tobacco product-related brand element, whatever the mode or form of its expression, if no consideration is given by a manufacturer or retailer, directly or indirectly, for that use or depiction in the work, production or performance;
(3)Section 18 of the Act is amended by adding the following after subsection (2):
Application of Division 2
(3)Division 2 of this Part does not apply to
(a)a literary, dramatic, musical, cinematographic, scientific, educational or artistic work, production or performance that uses or depicts a vaping product or vaping product-related brand element, whatever the mode or form of its expression, if no consideration is given by a manufacturer or retailer, directly or indirectly, for that use or depiction in the work, production or performance;
(b)a report, commentary or opinion in respect of a vaping product or a brand of vaping product if no consideration is given by a manufacturer or retailer, directly or indirectly, for the reference to the vaping product or brand in that report, commentary or opinion; or
(c)a promotion by a manufacturer that is directed at manufacturers, persons who distribute vaping products or retailers but not, either directly or indirectly, at consumers.
24The Act is amended by adding the following after section 18:
DIVISION 1
Tobacco Products
25Section 19 of the Act is replaced by the following:
Prohibition
19No person shall promote a tobacco product or a tobacco product-related brand element, including by means of the packaging, except as authorized by the provisions of this Act or of the regulations.
26Section 20 of the Act is replaced by the following:
False promotion
20(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.
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.
27The Act is amended by adding the following after section 20:
Comparison and prohibited elements
20.‍1No 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.
28(1)Subsection 21(1) of the Act is replaced by the following:
Testimonials or endorsements
21(1)No person shall promote a tobacco product through a testimonial or an endorsement, however displayed or communicated, including by means of the packaging.
(2)Subsection 21(3) of the Act is repealed.
29(1)Subsection 22(1) of the Act is replaced by the following:
Advertising
22(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.
(2)Paragraph 22(2)‍(a) of the Act is replaced by the following:
(a)a publication that is addressed and sent to an adult who is identified by name; or
(3)Subsection 22(3) of the Act is replaced by the following:
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.
(4)The definition lifestyle advertising in subsection 22(4) of the Act is repealed.
30Section 23 of the Act is replaced by the following:
Packaging
23(1)No person shall package a tobacco product in a manner that is contrary to the provisions of this Act or of the regulations.
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.
2009, c. 27, s. 12(1)
31Subsection 23.‍1(1) of the Act is replaced by the following:
Prohibited additives — packaging
23.‍1(1)No person shall package a tobacco product set out in column 2 of Schedule 1 in a manner, including by means of a brand element, that could cause a person to believe that it contains an additive set out in column 1.
32The Act is amended by adding the following after section 23.‍1:
Prohibition — vaping product-related brand element
23.‍2(1)No person shall display a vaping product-related brand element on the package of a tobacco product.
Prohibition — sale
(2)No person shall sell a tobacco product if a vaping product-related brand element is displayed on its package.
1998, c. 38, ss. 1 and 2(1)
33Sections 24 and 25 of the Act are replaced by the following:
Sponsorship promotion
24(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.
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.
Name of facility
25No 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.
34Sections 27 and 28 of the Act are replaced by the following:
Brand element — thing or service
27No 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.
Other things and services
28(1)Subject to the regulations, a person may sell a tobacco product, or advertise a tobacco product in accordance with section 22, 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 the thing or service does not fall within the criteria described in paragraphs 27(a) to (c).
Promotion
(2)Subject to the regulations, a person may promote a thing, other than a tobacco product or an accessory, that displays a tobacco product-related brand element, or a service that uses a tobacco product-related brand element, if the thing or service does not fall within the criteria described in paragraphs 27(a) to (c).
35(1)The portion of section 29 of the French version of the Act before paragraph (a) is replaced by the following:
Promotion des ventes
29Il est interdit au fabricant et au détaillant de faire ou d’offrir de faire l’une des actions suivantes :
(2)Paragraphs 29(a) to (c) of the Act are replaced by the following:
(a)provide or offer to provide any consideration, for the purchase of a tobacco 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;
(b)furnish or offer to furnish a tobacco product without monetary consideration or in consideration of the purchase of a product or service or the performance of a service; or
(c)furnish or offer to furnish an accessory that displays a tobacco product-related brand element without monetary consideration or in consideration of the purchase of a product or service or the performance of a service.
36Section 30 of the Act is replaced by the following:
Point of sale display of tobacco products
30(1)Subject to the regulations, a person may display, at the point of sale, a tobacco product or an accessory that displays a tobacco product-related brand element.
Signs
(2)A retailer of tobacco products may post, subject to the regulations, signs at the point of sale that indicate the availability of tobacco products and their price.
For greater certainty
(3)For greater certainty, subsection (1) does not authorize the display of a tobacco product that is packaged in a manner that is contrary to the provisions of this Act or of the regulations.
DIVISION 2
Vaping Products
Advertising appealing to young persons
30.‍1No person shall promote a vaping product, a vaping product-related brand element or a thing that displays a vaping product-related brand element by means of advertising if there are reasonable grounds to believe that the advertising could be appealing to young persons.
Lifestyle advertising
30.‍2(1)No person shall promote a vaping product, a vaping product-related brand element or a thing that displays a vaping product-related brand element by means of lifestyle advertising.
Exception
(2)Subject to the regulations, a person may promote a vaping product, a vaping product-related brand element or a thing that displays a vaping product-related brand element by means of lifestyle advertising that is in
(a)a publication that is addressed and sent to an adult who is identified by name; or
(b)places where young persons are not permitted by law.
Sponsorship promotion
30.‍3(1)No person shall promote a vaping product-related brand element or the name of a vaping 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.
Promotional material
(2)No person shall use, directly or indirectly, a vaping product-related brand element or the name of a vaping product manufacturer in the promotional material related to a person, entity, event, activity or permanent facility.
Name of facility
30.‍4No person shall display a vaping product-related brand element or the name of a vaping 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.
Giving or offering to give
30.‍5No manufacturer or retailer shall give or offer to give a vaping product.
Sales promotions — offering consideration
30.‍6(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.
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.
Advertising — required information
30.‍7No 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.
Point of sale promotion
30.‍8No 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.
DIVISION 3
Miscellaneous Provisions
37The Act is amended by adding the following after section 30.‍2:
Testimonials or endorsements
30.‍21(1)No person shall promote a vaping product through a testimonial or an endorsement, however displayed or communicated, including by means of the packaging.
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.
38The Act is amended by adding the following after section 30.‍4:
Functions and sensory attributes
30.‍41No person shall promote or sell a vaping product that has an appearance, shape or other sensory attribute or a function for which there are reasonable grounds to believe that it could make the product appealing to young persons.
False promotion
30.‍42(1)No person shall promote a vaping product, including by means of the packaging,
(a)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 vaping product or its emissions;
(b)by using terms, expressions, logos, symbols or illustrations that are prohibited by the regulations; or
(c)by using, in a manner that is contrary to the regulations, prescribed terms, expressions, logos, symbols or illustrations.
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 vaping product or its emissions.
Health benefits
30.‍43(1)No person shall promote a vaping product, including by means of the packaging, in a manner that could cause a person to believe that health benefits may be derived from the use of the product or from its emissions.
Comparisons
(2)No person shall promote a vaping product, including by means of the packaging, by comparing the health effects arising from the use of the product or from its emissions with those arising from the use of a tobacco product or from its emissions.
Exception
(3)Subsections (1) and (2) do not apply in respect of a vaping product that is the subject of an authorization, including a licence, issued under the Food and Drugs Act authorizing its sale.
Discouraging tobacco cessation
30.‍44No person shall promote a vaping product, including by means of the packaging, if there are reasonable grounds to believe that the promotion could discourage tobacco cessation or encourage the resumed use of tobacco products.
Packaging
30.‍45(1)No person shall package a vaping product in a manner that is contrary to the provisions of this Act or of the regulations.
Prohibition — sale
(2)No person shall sell a vaping product that is packaged in a manner that is contrary to the provisions of this Act or of the regulations.
Indication or illustration
30.‍46(1)No person shall display on a vaping product or on its package an indication or illustration, including a brand element, that could cause a person to believe that the product is flavoured if there are reasonable grounds to believe that the indication or illustration could be appealing to young persons.
Prohibition — sale
(2)No person shall sell a vaping product if an indication or illustration referred to in subsection (1) is displayed on the product or on its package.
Prohibited ingredients
30.‍47(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.
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.
Flavours
30.‍48(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.
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.
Amendment of Schedule 3
30.‍49(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.
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.
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.
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.
39Subsection 30.‍43(1) of the Act is replaced by the following:
Health benefits
30.‍43(1)No person shall promote a vaping product, including by means of the packaging, in a manner that could cause a person to believe that health benefits, within the meaning of the regulations, may be derived from the use of the product or from its emissions.
40The Act is amended by adding the following after section 30.‍7:
Tobacco product-related brand element
30.‍71No 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.
41Subsection 31(3) of the Act is replaced by the following:
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.
42Section 32 of the Act is replaced by the following:
Report to Minister
32(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.
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.
43The heading before section 33 of the Act is repealed.
44(1)Paragraph 33(a) of the Act is replaced by the following:
(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;
(2)Section 33 of the Act is amended by adding the following after paragraph (a):
(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;
(3)Paragraph 33(b) of the English version of the Act is replaced by the following:
(b)respecting the advertising of tobacco products for the purposes of subsection 22(2);
(4)Paragraphs 33(e) to (j) of the Act are replaced by the following:
(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;
(f)respecting, for the purposes of subsection 30.‍2(2), the promotion of vaping products and vaping product-related brand elements;
(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;
(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.
(5)Section 33 of the Act is amended by adding the following after paragraph (f):
(f.‍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;
(f.‍2)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;
(6)Section 33 of the Act is amended by adding the following after paragraph (f.‍1):
(f.‍11)respecting, for the purposes of subsection 30.‍43(1), what constitutes a health benefit;
45The headings before section 34 and sections 34 to 36 of the Act are replaced by the following:
PART V 
Administration and Enforcement
Inspection and Analysis
Designation of inspectors and analysts
34(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.
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.
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.
Authority to enter place
35(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.
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.
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.
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).
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.
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).
Warrant to enter dwelling-house
36(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).
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.
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.
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.
46Section 38 of the Act is replaced by the following:
Assistance to inspectors
38(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).
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.
47Section 39 of the Act is replaced by the following:
Seizure
39(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.
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.
Interference
(3)Unless authorized by an inspector, no person shall remove, alter or interfere in any way with any thing or conveyance seized.
48(1)Subsections 40(1) and (2) of the Act are replaced by the following:
Application for restoration
40(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.
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.
(2)The portion of subsection 40(3) of the Act before paragraph (a) is replaced by the following:
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
(3)Subsection 40(4) of the Act is replaced by the following:
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).
49Section 41 of the Act is replaced by the following:
Forfeiture
41(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.
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.
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.
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.
Recovery of costs
41.‍1(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.
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.
Certificate of default
41.‍2(1)Any debt that may be recovered under subsection 41.‍1(1) in respect of which there is a default of payment, or the part of any such debt that has not been paid, may be certified by the Minister.
Judgment
(2)On production to the Federal Court, a certificate made under subsection (1) shall be registered in that Court and, when registered, has the same force and effect, and all proceedings may be taken on the certificate, as if it were a judgment obtained in that Court for a debt of the amount specified in the certificate and all reasonable costs and charges attendant in the registration of the certificate.
50Section 42 of the Act is amended by adding the following after paragraph (b):
(b.‍1)respecting the costs in relation to anything required or authorized under section 39 or subsection 41(4);
51The heading of Part V.‍1 of the Act is replaced by the following:
Miscellaneous Provisions
52(1)Subsection 42.‍1(1) of the Act is replaced by the following:
Laying of proposed regulations
42.‍1(1)The Governor in Council shall not make a regulation concerning tobacco products under section 7, 14, 17, 33 or 42 unless the Minister has first laid the proposed regulation before the House of Commons.
2015, c. 3, s. 154(F)
(2)The portion of subsection 42.‍1(3) of the Act before paragraph (a) is replaced by the following:
Making of regulations
(3)The Governor in Council may make a regulation concerning tobacco products under section 7, 14, 17, 33 or 42 only if
53The Act is amended by adding the following after section 42.‍1:
Food and Drugs Act
42.‍2(1)The Governor in Council may make regulations providing that this Act or any provision of this Act does not apply in respect of some or all of the vaping products regulated under the Food and Drugs Act.
For greater certainty
(2)For greater certainty, the regulations may distinguish between vaping products on the basis of type of authorization, including type of licence, issued under the Food and Drugs Act.
Trade-marks
42.‍3(1)Despite the Trade-marks Act, the registration of a trade-mark shall not be held invalid on the basis of paragraph 18(1)‍(b) or (c) of that Act as a result of compliance with this Act.
For greater certainty
(2)For greater certainty, the absence of use of a trade-mark as a result of compliance with this Act constitutes special circumstances that excuse the absence of use for the purposes of the Trade-marks Act.
Regulations
42.‍4The Governor in Council may make regulations
(a)prescribing anything that by this Part is to be prescribed; and
(b)generally for carrying out the purposes of this Part.
Incorporation by reference — limitation removed
42.‍5The limitation set out in paragraph 18.‍1(2)‍(a) of the Statutory Instruments Act to the effect that a document must be incorporated as it exists on a particular date does not apply to the powers to make regulations under sections 7, 7.‍8, 14, 17, 33, 42 and 42.‍4.
54The Act is amended by adding the following after section 42.‍3:
Documents to be kept
42.‍31(1)Every manufacturer shall keep, in the prescribed manner and for the prescribed time, all documents that they used in order to submit or provide information to the Minister under section 6, 7.‍3 or 32.
Keeping and providing documents
(2)The manufacturer shall keep the documents at their place of business in Canada or at any prescribed place and shall, on written request, provide them to the Minister.
2009, c. 27, ss. 14(2) and 15
55Sections 43 to 44 of the Act are replaced by the following:
Product and promotion offences — manufacturer
43(1)Every manufacturer who contravenes section 5, 7.‍2 or 19 is guilty of an offence and liable
(a)on summary conviction to a fine not exceeding $500,000 or to imprisonment for a term not exceeding one year, or to both; or
(b)on conviction on indictment to a fine not exceeding $1,000,000 or to imprisonment for a term not exceeding two years, or to both.
Promotion offences — other persons
(2)Every person, other than a manufacturer, who contravenes section 19 is guilty of an offence and liable on summary conviction to a fine not exceeding $500,000.
Additives — manufacturer
43.‍1Every manufacturer who contravenes subsection 5.‍1(1) or 5.‍2(1) is guilty of an offence and liable on summary conviction to a fine not exceeding $300,000 or to imprisonment for a term not exceeding two years, or to both.
Additives — other persons
43.‍2Every person, other than a manufacturer, who contravenes subsection 5.‍2(1) is guilty of an offence and liable on summary conviction to a fine not exceeding $50,000.
Summary offence
44Every person who contravenes subsection 6(1) or (2), section 6.‍1, subsection 7.‍3(1) or (2), section 7.‍5, subsection10(1), (2) or (3) or26(1) or (2), section 30.‍7 or subsection 31(1) or (3), 32(1) or (2) or 38(1) or (2) is guilty of an offence and liable on summary conviction to a fine not exceeding $50,000 or to imprisonment for a term not exceeding six months, or to both.
Prohibited sale
44.‍1Every manufacturer who contravenes section 7.‍4 is guilty of an offence and liable on summary conviction to a fine not exceeding $50,000 or to imprisonment for a term not exceeding six months, or to both.
56Section 43.‍1 of the Act is replaced by the following:
Prohibited additives and ingredients — manufacturer
43.‍1Every manufacturer who contravenes subsection 5.‍1(1) or 5.‍2(1) or section 7.‍21 or 7.‍22 is guilty of an offence and liable on summary conviction to a fine not exceeding $300,000 or to imprisonment for a term not exceeding two years, or to both.
57Sections 43.‍1 and 43.‍2 of the Act are replaced by the following:
Additives, ingredients and markings — manufacturer
43.‍1Every manufacturer who contravenes subsection 5.‍1(1), section 5.‍2, subsection 5.‍3(1) or section 7.‍21 or 7.‍22 is guilty of an offence and liable on summary conviction to a fine not exceeding $300,000 or to imprisonment for a term not exceeding two years, or to both.
Markings — other persons
43.‍2Every person, other than a manufacturer, who contravenes subsection 5.‍3(1) is guilty of an offence and liable on summary conviction to a fine not exceeding $50,000.
58Section 44 of the Act is replaced by the following:
Summary offence
44Every person who contravenes subsection 6(1) or (2), section 6.‍1, subsection 7.‍3(1) or (2), section 7.‍5, subsection 10(1), (2) or (3) or 26(1) or (2), section 30.‍7 or subsection 31(1) or (3), 32(1) or (2), 38(1) or (2) or 42.‍31(1) or (2) is guilty of an offence and liable on summary conviction to a fine not exceeding $50,000 or to imprisonment for a term not exceeding six months, or to both.
59Section 44.‍1 of the Act is replaced by the following:
Prohibited sale
44.‍1Every manufacturer who contravenes section 6.‍01 or 7.‍4 is guilty of an offence and liable on summary conviction to a fine not exceeding $50,000 or to imprisonment for a term not exceeding six months, or to both.
60The portion of section 45 of the Act before paragraph (a) is replaced by the following:
Sales to young persons, promotions
45Every person who contravenes subsection 8(1) or 9(1) or section 11 or 12, or every retailer who contravenes section 29or 30.‍5 or subsection 30.‍6(1) or (2), is guilty of an offence and liable on summary conviction
61Sections 46 and 47 of the Act are replaced by the following:
Offence by retailer
46(1)Every retailer who contravenes subsection 15(1) or (2), 15.‍1(1) or (4) or 15.‍3(1) or (2) is guilty of an offence and liable on summary conviction to a fine not exceeding $50,000.
Offence by manufacturer
(2)Every manufacturer who contravenes subsection 15(1) or (2), 15.‍1(1) or (4) or 15.‍3(1) or (2), section 29or 30.‍5 or subsection 30.‍6(1) or (2) is guilty of an offence and liable on summary conviction to a fine not exceeding $500,000 or to imprisonment for a term not exceeding two years, or to both.
Offence
(3)Every person who contravenes subsection 15.‍1(2) or (3) is guilty of an offence and liable on summary conviction to a fine not exceeding $500,000 or to imprisonment for a term not exceeding two years, or to both.
General offence
47Every person who contravenes subsection 9.‍1(1) or (2), 20(1), 21(1), 22(1), 23(1) or (2), 23.‍1(1) or (2) or 24(1) or (2), section 25, 27or 30.‍1, subsection 30.‍2(1) or 30.‍3(1) or (2) or section 30.‍4 is guilty of an offence and liable on summary conviction to a fine not exceeding $500,000 or to imprisonment for a term not exceeding two years, or to both.
62Subsection 46(2) of the Act is replaced by the following:
Offence by manufacturer
(2)Every manufacturer who contravenes subsection 15(1), (1.‍1) or (2), 15.‍1(1) or (4) or 15.‍3(1) or (2), section 29 or 30.‍5 or subsection 30.‍6(1) or (2) is guilty of an offence and liable on summary conviction to a fine not exceeding $500,000 or to imprisonment for a term not exceeding two years, or to both.
63Section 47 of the Act is replaced by the following:
General offence
47Every person who contravenes subsection 9.‍1(1) or (2) or 20(1), section 20.‍1, subsection 21(1), 22(1), 23(1) or (2), 23.‍1(1) or (2), 23.‍2(1) or (2) or 24(1) or (2), section 25, 27 or 30.‍1, subsection 30.‍2(1), 30.‍21(1) or 30.‍3(1) or (2), section 30.‍4 or 30.‍41, subsection 30.‍42(1) or 30.‍43(1) or (2), section 30.‍44, subsection 30.‍45(1) or (2), 30.‍46(1) or (2), 30.‍47(1) or (2) or 30.‍48(1) or (2) or section 30.‍71 is guilty of an offence and liable on summary conviction to a fine not exceeding $500,000 or to imprisonment for a term not exceeding two years, or to both.
64The Act is amended by adding the following after section 48:
Due diligence defence
48.‍1A person is not to be found guilty of an offence under this Act if they establish that they exercised due diligence to prevent the commission of the offence.
65Paragraphs 57(a) and (b) of the Act are replaced by the following:
(a)information on a package indicating that it contains a tobacco product or vaping product is, in the absence of evidence to the contrary, proof that the package contains that product; and
(b)a name or address on a package purporting to be the name or address of the person by whom the tobacco product or vaping product was manufactured is, in the absence of evidence to the contrary, proof that it was manufactured by that person.
66(1)Paragraph 59(b) of the Act is replaced by the following:
(b)prohibiting the offender from selling tobacco products and vaping products for a period of not more than one year, in the case of a subsequent offence for the contravention of subsection 8(1) or section 11, 12, 29, 30.‍5 or 30.‍6;
(2)Paragraph 59(f) of the Act is replaced by the following:
(f)directing the offender to pay an amount for the purposes of conducting research into any matters relating to tobacco products and vaping products that the court considers appropriate.
67Subsection 60(1) of the Act is replaced by the following:
Administrative agreements
60(1)The Minister may enter into agreements with provinces or other bodies respecting the administration and enforcement of this Act or any provision of this Act, including the designation of provincial or other officials and bodies as inspectors under this Act and the appointment of federal officials as inspectors under provincial legislation in respect of tobacco and vaping products.
2009, c. 27, s. 17
68(1)The schedule to the Act is renumbered as Schedule 1.
2009, c. 27, s. 17
(2)Schedule 1 to the French version of the Act is amended by replacing “Item” with “Article”.
69The Act is amended by adding, after Schedule 1, the Schedules 2 and 3 set out in the schedule to this Act.
Replacement of “schedule”
70The Act is amended by replacing “the schedule” with “Schedule 1” in the following provisions:
(a)subsection 5.‍1(1);
(b)subsection 5.‍2(1);
(c)subsection 7.‍1(1); and
(d)section 23.‍1.
Consequential Amendments
R.‍S.‍, c. F-27
Food and Drugs Act
71The heading before section 2 of the Food and Drugs Act is replaced by the following:
Interpretation and Application
72The Act is amended by adding the following after section 2.‍1:
Tobacco products
2.‍2This Act does not apply to a tobacco product as defined in section 2 of the Tobacco and Vaping Products Act.
Vaping products
2.‍3(1)Despite the definition drug in section 2, this Act does not apply to a vaping product as defined in section 2 of the Tobacco and Vaping Products Act by reason that it contains nicotine, unless the vaping product is manufactured, sold or represented for use in the diagnosis, treatment, mitigation or prevention of a disease, disorder or abnormal physical state, or its symptoms, in human beings.
Vaping products
(2)Despite the definition device in section 2, this Act does not apply to a vaping product as defined in section 2 of the Tobacco and Vaping Products Act by reason that it is manufactured, sold or represented for use with a substance or mixture of substances that contains nicotine, unless the vaping product is manufactured, sold or represented for use in the diagnosis, treatment, mitigation or prevention of a disease, disorder or abnormal physical state, or its symptoms, in human beings.
2009, c. 27
An Act to amend the Tobacco Act
73Section 7 of An Act to amend the Tobacco Act, chapter 27 of the Statutes of Canada, 2009, is repealed.
74Section 16 of the Act is repealed.
2010, c. 21
Canada Consumer Product Safety Act
75Subsection 4(2) of the Canada Consumer Product Safety Act is replaced by the following:
Tobacco products
(2)This Act does not apply to atobacco product as defined in section 2 of the Tobacco and Vaping Products Act, except in respect of
(a)the ignition propensity of that product; and
(b)the devices and parts referred to in that definition.
For greater certainty — devices and parts made of tobacco
(2.‍1)For greater certainty, the devices and parts referred to in paragraph (2)‍(b) do not include those made in whole or in part of tobacco.
76Items 3 and 4 of Schedule 1 to the Act are replaced by the following:
  3Devices within the meaning of section 2 of the Food and Drugs Act, except a vaping product within the meaning of section 2 of the Tobacco and Vaping Products Act that is not subject to the Food and Drugs Act.
  4Drugs within the meaning of section 2 of the Food and Drugs Act, except a vaping product within the meaning of section 2 of the Tobacco and Vaping Products Act that is not subject to the Food and Drugs Act.
Terminology
Replacement of “Tobacco Act” — Act
77(1)In paragraph 12(h) of the Hazardous Products Act, “Tobacco Act” is replaced by “Tobacco and Vaping Products Act”.
Other references — Acts
(2)Unless the context requires otherwise, every reference to Tobacco Act in any provision of an Act of Parliament other than a provision referred to in subsection (1) is to be read as a reference to the Tobacco and Vaping Products Act.
Replacement of “Tobacco Act” — Regulations
(3)In the following provisions, “Tobacco Act” is replaced by “Tobacco and Vaping Products Act”:
(a)paragraph 10.‍30(1)‍(a) of the Canada Occupational Health and Safety Regulations;
(b)paragraph 7.‍27(1)‍(a) of the On Board Trains Occupational Safety and Health Regulations;
(c)paragraph 11.‍32(1)‍(a) of the Oil and Gas Occupational Safety and Health Regulations;
(d)the heading of Schedule XIV to the Contraventions Regulations and the heading of column I of that schedule;
(e)section 1 of the Tobacco (Access) Regulations;
(f)section 1 of the Tobacco (Seizure and Restoration) Regulations;
(g)the definition Act in section 1 of the Tobacco Products Information Regulations;
(h)the definition Act in section 1 of the Tobacco Reporting Regulations;
(i)item 3 of Schedule 2 to the Natural Health Products Regulations;
(j)paragraph 260(1)‍(b) of the Maritime Occupational Health and Safety Regulations; and
(k)paragraph 5.‍23(1)‍(a) of the Aviation Occupational Health and Safety Regulations.
Other references — Regulations
(4)Unless the context requires otherwise, every reference to the Tobacco Act in any provision of a regulation, as defined in section 2 of the Statutory Instruments Act, made under an Act of Parliament, other than a provision referred to in subsection (3), is to be read as a reference to the Tobacco and Vaping Products Act.
Coordinating Amendments
2009, c. 27
78(1)In this section, other Act means An Act to amend the Tobacco Act, chapter 27 of the Statutes of Canada, 2009.
(2)If section 7 of the other Act comes into force before section 9 of this Act, then the portion of that section 9 before the section 6 that it enacts is replaced by the following:
9Sections 6 and 6.‍1 of the Act are replaced by the following:
(3)If section 7 of the other Act comes into force on the same day as section 9 of this Act, then that section 7 is deemed never to have come into force.
(4)If section 16 of the other Act comes into force before section 55 of this Act, then the portion of that section 55 before the section 43 that it enacts is replaced by the following:
55Sections 43 to 44.‍1 of the Act are replaced by the following:
(5)If section 16 of the other Act comes into force on the same day as section 55 of this Act, then that section 16 is deemed never to have come into force.
2014, c. 20
79(1)In this section, other Act means the Economic Action Plan 2014 Act, No. 1, chapter 20 of the Statutes of Canada, 2014.
(2)If section 366 of the other Act comes into force before section 53 of this Act, then section 42.‍3 of the English version of the Tobacco Act is replaced by the following:
Trademarks
42.‍3(1)Despite the Trademarks Act, the registration of a trademark shall not be held invalid on the basis of paragraph 18(1)‍(b) or (c) of that Act as a result of compliance with this Act.
For greater certainty
(2)For greater certainty, the absence of use of a trademark as a result of compliance with this Act constitutes special circumstances that excuse the absence of use for the purposes of the Trademarks Act.
(3)If section 366 of the other Act comes into force on the same day as section 53 of this Act, then that section 53 is deemed to have come into force before that section 366.
Coming into Force
Order in council
80(1)Subsection 7(2), section 8, subsection 11(2) and sections 25, 28, 31 and 57 come into force on a day to be fixed by order of the Governor in Council, but that day must be after the 180th day after the day on which this Act receives royal assent.
Order in council
(2)Section 10, subsection 11(5) and section 59 come into force on a day to be fixed by order of the Governor in Council, but that day must be after the day on which this Act receives royal assent.
180 days after royal assent
(3)Section 13, subsection 20(2), sections 27, 32, 37, 38 and 40, subsections 44(2) and (5) and sections 56, 62, 63 and 68 to 70 come into force on the 180th day after the day on which this Act receives royal assent.
Order in council
(4)Subsections 14(2), 15(2) and (3) and 19(1) come into force on a day to be fixed by order of the Governor in Council, but that day must be after the day on which this Act receives royal assent.
Order in council
(5)Section 17 and subsection 19(3) come into force on a day to be fixed by order of the Governor in Council.
Order in council
(6)Section 39 and subsection 44(6) come into force on a day to be fixed by order of the Governor in Council, but that day must be after the 180th day after the day on which this Act receives royal assent.
Order in council
(7)Sections 54 and 58 come into force on a day to be fixed by order of the Governor in Council, but that day must be after the day on which this Act receives royal assent.
PART 2
R.‍S.‍, c. 15 (4th Supp.‍)
Non-smokers’ Health Act
81The long title of the Non-smokers’ Health Act is replaced by the following:
An Act to regulate smoking in the federal workplace and on certain modes of transportation
82(1)The definition usage du tabac in subsection 2(1) of the French version of the Act is repealed.
(2)The definition smoke in subsection 2(1) of the English version of the Act is replaced by the following:
smoke means to smoke, hold or otherwise have control over an ignited tobacco product or to vape using a vaping product; (fumer)
(3)Subsection 2(1) of the Act is amended by adding the following in alphabetical order:
vaping product means 
(a)a device that is intended to be used to simulate the act of smoking a tobacco product and that emits an aerosol that is intended to be inhaled, including an electronic cigarette, an electronic cigar and an electronic pipe; and
(b)a device that is designated to be a vaping product by the regulations; (produit de vapotage)
(4)Subsection 2(1) of the French version of the Act is amended by adding the following in alphabetical order:
fumer Fumer un produit à base de tabac ou avoir par-devers soi un tel produit allumé ou vapoter au moyen d’un produit de vapotage.‍ (smoke)
1989, c.‍7, s.‍1
83Section 6 of the Act is replaced by the following:
Saving
6Nothing in section 4 or 5 affects the operation of any other Act of Parliament, any regulations made under any Act of Parliament, or any rule of law in relation to the protection of persons from exposure to tobacco smoke or any emission from a vaping product.
84Subsection 7(1) of the Act is amended by adding the following after paragraph (a):
(a.‍1)designating any device to be a vaping product for the purpose of the definition vaping product;
1996, c.‍12, s.‍5
85Subsection 8.‍2(2) of the Act is replaced by the following:
Regulations
(2)On the recommendation of the Minister of Labour, the Governor in Council may make regulations respecting smoking in a workplace at which is carried on employment that is subject to a regulation made under subsection (1).


SCHEDULE
(Section 69)
SCHEDULE 2
(Sections 7.‍21, 7.‍22, 7.‍23 and 30.‍47)
PROHIBITED INGREDIENTS
Column 1
Column 2
Item
Ingredient
Vaping Product
1
Amino acids
Vaping substances, except prescription vaping substances
2
Caffeine
Vaping substances, except prescription vaping substances
3
Colouring agents
Vaping substances, except prescription vaping substances
4
Essential fatty acids
Vaping substances, except prescription vaping substances
5
Glucuronolactone
Vaping substances, except prescription vaping substances
6
Probiotics
Vaping substances, except prescription vaping substances
7
Taurine
Vaping substances, except prescription vaping substances
8
Vitamins
Vaping substances, except prescription vaping substances
9
Mineral nutrients
Vaping substances, except prescription vaping substances
Note:In column 2, prescription has the same meaning as in subsection 13(2).
SCHEDULE 3
(Sections 30.‍48 and 30.‍49)
FLAVOURS
Column 1
Column 2
Item
Flavour
Vaping Product
1
Confectionery
Vaping products, except prescription vaping products
2
Dessert
Vaping products, except prescription vaping products
3
Cannabis
Vaping products
4
Soft drink
Vaping products
5
Energy drink
Vaping products
Note:In column 2, prescription has the same meaning as in subsection 13(2).



EXPLANATORY NOTES
Tobacco Act
Clause 1:Existing text of the long title:
An Act to regulate the manufacture, sale, labelling and promotion of tobacco products, to make consequential amendments to another Act and to repeal certain Acts
Clause 2:Existing text of section 1:
1This Act may be cited as the Tobacco Act.
Clause 3: (1)Existing text of the definitions:
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.‍ (accessoire)
additive means an ingredient other than tobacco leaves.‍ (additif)
emission means a substance that is produced when a tobacco product is used.‍ (émission)
ingredient means tobacco leaves and any substance used in the manufacture of a tobacco product or its components, including any substance used in the manufacture of that substance.‍ (ingrédient)
manufacture, in respect of tobacco products, includes the packaging, labelling, distributing and importing of tobacco products for sale in Canada.‍ (fabriquer)
manufacturer, in respect of tobacco products, 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)
retailer means a person who is engaged in a business that includes the sale of a tobacco product to consumers.‍ (détaillant)
sell includes offer for sale and expose for sale. (vendre)
tobacco product means a product composed in whole or in part of tobacco, including tobacco leaves and any extract of tobacco leaves. It includes cigarette papers, tubes and filters but does not include any food, drug or device that contains nicotine to which the Food and Drugs Act applies.‍ (produit du tabac)
(2)Relevant portion of the definition:
It includes any tobacco product that is prescribed to be a little cigar.‍ (petit cigare)
(3)New.
Clause 4:Existing text of subsection 2.‍1(1):
2.‍1(1)The Governor in Council may make regulations prescribing any tobacco product to be a little cigar for the purpose of the definition little cigar.
Clause 5:Existing text of section 4:
4The purpose of this Act is to provide a legislative response to a national public health problem of substantial and pressing concern and, in particular,
(a)to protect the health of Canadians in light of conclusive evidence implicating tobacco use in the incidence of numerous debilitating and fatal diseases;
(b)to protect young persons and others from inducements to use tobacco products and the consequent dependence on them;
(c)to protect the health of young persons by restricting access to tobacco products; and
(d)to enhance public awareness of the health hazards of using tobacco products.
Clause 6:Existing text of section 5:
5No person shall manufacture a tobacco product that does not conform with the standards established by the regulations.
Clause 7: (1) and (2)Existing text of section 5.‍1:
5.‍1(1)No person shall use an additive set out in column 1 of the schedule in the manufacture of a tobacco product set out in column 2.
(2)Subsection (1) does not prohibit the use of a colouring agent to depict a trade-mark on a tobacco product or to display a marking required under this or any other Act of Parliament or of the legislature of a province or for any other prescribed purpose.
Clause 8:Existing text of section 5.‍2:
5.‍2(1)No person shall sell a tobacco product set out in column 2 of the schedule that contains an additive set out in column 1.
(2)Subsection (1) does not prohibit the sale of a tobacco product by reason only that the product contains a colouring agent used for a purpose referred to in subsection 5.‍1(2).
Clause 9:Existing text of section 6:
6(1)Every manufacturer shall submit to the Minister, 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, whether the tobacco products are for sale or not.
(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.
Clause 10:New.
Clause 11: (1) to (6)Relevant portion of section 7:
7The Governor in Council may make regulations
(a)establishing standards for tobacco products, including prescribing the amounts of substances that may be contained in the product or its emissions;
.‍.‍.
(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, 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, health effects, hazardous properties and brand elements;
.‍.‍.
(c.‍3)respecting the prohibition under section 6.‍1, including providing for the suspension of the manufacture or sale of a tobacco product;
Clause 12:New.
Clause 13:New.
Clause 14: (1) and (2)Existing text of section 8:
8(1)No person shall furnish a tobacco product to a young person in a public place or in a place to which the public reasonably has access.
(2)A person shall not be found to have contravened subsection (1) if it is established that the person attempted to verify that the person was at least eighteen years of age by asking for and being shown documentation prescribed for the purposes of verifying age, and believed on reasonable grounds that the documentation was authentic.
Clause 15: (1)Existing text of section 9:
9Every retailer shall post, at retail, in the prescribed place and manner, signs in the prescribed form and with the prescribed content, that inform the public that the sale or giving of a tobacco product to a young person is prohibited by law, or that contain a prescribed health message, unless that retailer is exempted by the regulations from the requirement to post the signs.
Clause 16:New.
Clause 17:Existing text of section 12:
12No person shall furnish or permit the furnishing of a tobacco product by means of a device that dispenses tobacco products except where the device is in
(a)a place to which the public does not reasonably have access; or
(b)a bar, tavern or beverage room and has a prescribed security mechanism.
Clause 18:Existing text of section 13:
13(1)No person shall, for consideration, cause a tobacco product to be delivered from one province to another or to be sent by mail unless the delivery or mailing is between manufacturers or retailers or the person is otherwise exempted by the regulations.
(2)No person shall advertise an offer to deliver a tobacco product from one province to another or to mail a tobacco product.
Clause 19: (1) to (3)Relevant portion of section 14:
14The Governor in Council may make regulations
(a)prescribing the documentation that may be used to verify the age of a person for the purposes of subsection 8(2);
(b)exempting persons from the application of sections 9, 11 and 13;
(c)prescribing signs that are required by section 9 to be posted, including their form, size, content, number and placement;
(d)prescribing tobacco products for the purposes of subsection 10(2);
(e)respecting exemptions from the application of section 12;
Clause 20: (1) to (3)Existing text of section 15:
15(1)No manufacturer or retailer shall sell a tobacco product unless the package containing it displays, 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 or from its emissions.
(2)If required by the regulations, every manufacturer or retailer shall provide, in the prescribed form and manner, a leaflet that displays the information required by the regulations about a tobacco product and its emissions and about the health hazards and health effects arising from the use of the product and from its emissions.
(3)The information referred to in subsections (1) and (2) may be attributed to a prescribed person or body if the attribution is made in the prescribed manner.
Clause 21:Existing text of section 16:
16This Part does not affect any obligation of a manufacturer or retailer at law or under an Act of Parliament or of a provincial legislature to warn consumers of the health hazards and health effects arising from the use of tobacco products or from their emissions.
Clause 22:Relevant portion of section 17:
17The Governor in Council may make regulations
(a)respecting the information that must appear on packages and in leaflets about tobacco products and their emissions and the health hazards and health effects arising from the use of the products and from their emissions;
Clause 23: (1) and (2)Relevant portion of subsection 18(2):
(2)This Part does not apply to
(a)a literary, dramatic, musical, cinematographic, scientific, educational or artistic work, production or performance that uses or depicts a tobacco product or tobacco product-related brand element, whatever the mode or form of its expression, if no consideration is given directly or indirectly for that use or depiction in the work, production or performance;
(3)New.
Clause 24:New.
Clause 25:Existing text of section 19:
19No person shall promote a tobacco product or a tobacco product-related brand element except as authorized by this Act or the regulations.
Clause 26:Existing text of section 20:
20No person shall promote a tobacco product by any means, including by means of the packaging, that are false, misleading or deceptive or that are likely to create an erroneous impression about the characteristics, health effects or health hazards of the tobacco product or its emissions.
Clause 27:New.
Clause 28: (1)Existing text of subsection 21(1):
21(1)No person shall promote a tobacco product by means of a testimonial or an endorsement, however displayed or communicated.
(2)Existing text of subsection 21(3):
(3)This section does not apply to a trade-mark that appeared on a tobacco product for sale in Canada on December 2, 1996.
Clause 29: (1)Existing text of subsection 22(1):
22(1)Subject to this section, no person shall promote a tobacco product by means of an advertisement that depicts, in whole or in part, a tobacco product, its package or a brand element of one or that evokes a tobacco product or a brand element.
(2)Relevant portion of subsection 22(2):
(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 provided by mail and addressed to an adult who is identified by name; or
(3)Existing text of subsection 22(3):
(3)Subsection (2) does not apply to lifestyle advertising or advertising that could be construed on reasonable grounds to be appealing to young persons.
(4)Existing text of the definition:
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)
Clause 30:Existing text of section 23:
23No person shall package a tobacco product in a manner that is contrary to this Act or the regulations.
Clause 31:Existing text of subsection 23.‍1(1):
23.‍1(1)No person shall package a tobacco product set out in column 2 of the schedule in a manner that suggests, including through illustrations, that it contains an additive set out in column 1.
Clause 32:New.
Clause 33:Existing text of sections 24 and 25:
24No person may display a tobacco product-related brand element or the name of a tobacco manufacturer in a promotion that is used, directly or indirectly, in the sponsorship of a person, entity, event, activity or permanent facility.
25No person may display a tobacco product-related brand element or the name of a tobacco manufacturer on a permanent facility, as part of the name of the facility or otherwise, if the tobacco product-related brand element or name is thereby associated with a sports or cultural event or activity.
Clause 34:Existing text of sections 27 and 28:
27No person shall furnish or promote a tobacco product if any of its brand elements is displayed on a non-tobacco product, other than an accessory, or is used with a service, if the non-tobacco product or service
(a)is associated with young persons or could be construed on reasonable grounds to be appealing to young persons; or
(b)is associated with a way of life such as one that includes glamour, recreation, excitement, vitality, risk or daring.
28(1)Subject to the regulations, a person may sell a tobacco product, or advertise a tobacco product in accordance with section 22, if any of its brand elements is displayed on a non-tobacco product, other than an accessory, or used with a service, if the non-tobacco product or service does not fall within the criteria described in paragraphs 27(a) and (b).
(2)Subject to the regulations, a person may promote a non-tobacco product, other than an accessory, that displays a tobacco product-related brand element, or a service that uses a tobacco product-related brand element, to which section 27 does not apply.
Clause 35: (1) and (2)Existing text of section 29:
29No manufacturer or retailer shall
(a)offer or provide any consideration, direct or indirect, for the purchase of a tobacco product, including a gift to a purchaser or a third party, bonus, premium, cash rebate or right to participate in a game, lottery or contest;
(b)furnish a tobacco product without monetary consideration or in consideration of the purchase of a product or service or the performance of a service; or
(c)furnish an accessory that bears a tobacco product-related brand element without monetary consideration or in consideration of the purchase of a product or service or the performance of a service.
Clause 36:Existing text of section 30:
30(1)Subject to the regulations, any person may display, at retail, a tobacco product or an accessory that displays a tobacco product-related brand element.
(2)A retailer of tobacco products may post, in accordance with the regulations, signs at retail that indicate the availability of tobacco products and their price.
Clause 37:New.
Clause 38:New.
Clause 40:New.
Clause 41:Existing text of subsection 31(3):
(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 in a way that is contrary to this Part.
Clause 42:Existing text of section 32:
32Every manufacturer shall provide the Minister, in the prescribed manner and within the prescribed time, with the prescribed information about any promotion under this Part.
Clause 43:Existing text of the heading:
Regulations
Clause 44: (1) to (6)Existing text of section 33:
33The Governor in Council may make regulations
(a)respecting the promotion of tobacco products and 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 non-tobacco products for the purposes of section 28;
(b)respecting the advertisement of tobacco products for the purposes of subsection 22(2);
(c) and (d)[Repealed, 1998, c. 38, s. 3]
(e)respecting, for the purposes of subsection 26(1), the manner in which a tobacco product-related brand element may appear on an accessory;
(f)respecting the display of tobacco products and accessories at retail;
(g)respecting signs that a retailer may post under subsection 30(2), including the placement of the signs and their number, size and content;
(h)requiring manufacturers to disclose the particulars of their tobacco product-related brand elements and promotional activities;
(i)prescribing anything that by this Part is to be prescribed; and
(j)generally for carrying out the purposes of this Part.
Clause 45:Existing text of the headings and sections 34 to 36:
PART V 
Enforcement
Inspection
34(1)The Minister may designate any person or class of persons as an inspector or analyst for the purposes of this Act and must provide every inspector and analyst with a certificate of designation, in the form determined by the Minister.
(2)An inspector entering a place under this Act must, on request, show the certificate to the person in charge of the place.
35(1)For the purpose of ensuring compliance with this Act, an inspector may, subject to section 36, at any reasonable time, enter any place, other than a means of transportation, in which the inspector believes on reasonable grounds
(a)a tobacco product is manufactured, tested, stored, packaged, labelled or sold;
(b)there is anything used in the manufacture, testing, packaging, labelling, promotion or sale of a tobacco product; or
(c)there is any information relating to the manufacture, testing, packaging, labelling, promotion or sale of a tobacco product.
(2)In carrying out an inspection, an inspector may
(a)examine a tobacco product or thing referred to in paragraph (1)‍(b);
(b)require any person in the place to produce for inspection, in the manner and form requested by the inspector, the tobacco product or thing;
(c)open or require any person in the place to open any container or package found in the place that the inspector believes on reasonable grounds contains the tobacco product or thing;
(d)take or require any person in the place to produce a sample of the tobacco product or thing;
(e)conduct any test or analysis or take any measurements; or
(f)require any person found in the place to produce for inspection or copying any written or electronic information that is relevant to the administration or enforcement of this Act.
(3)In carrying out an inspection, an inspector may
(a)use or cause to be used any computer system in the place to examine data contained in or available to the computer system that is relevant to the administration or enforcement of this Act;
(b)reproduce the data in the form of a print-out or other intelligible output and take it for examination or copying; and
(c)use or cause to be used any copying equipment in the place to make copies of any data, record or document.
36(1)An inspector may not enter a dwelling-place except with the consent of the occupant or under the authority of a warrant issued under subsection (2).
(2)On ex parte application, a justice, as defined in section 2 of the Criminal Code, may issue a warrant authorizing the inspector named in the warrant to enter and inspect a dwelling-place, subject to any conditions specified in the warrant, if the justice is satisfied by information on oath
(a)that the dwelling-place is a place referred to in subsection 35(1);
(b)that entry to the dwelling-place is necessary for the administration or enforcement of this Act; and
(c)that the occupant does not consent to the entry, or that entry has been refused or there are reasonable grounds for believing that it will be refused.
(3)An inspector executing the warrant shall not use force unless the inspector is accompanied by a peace officer and the use of force is specifically authorized in the warrant.
Clause 46:Existing text of section 38:
38(1)The owner of a place inspected by an inspector under this Act, the person in charge of the place and every person found in the place shall
(a)provide all reasonable assistance to enable the inspector to carry out the inspector’s duties under this Act; and
(b)furnish the inspector with the information that the inspector reasonably requires for that purpose.
(2)No person shall obstruct or hinder, or knowingly make a false or misleading statement to, an inspector who is carrying out duties under this Act.
Clause 47:Existing text of section 39:
39(1)During an inspection under this Act, an inspector may seize any tobacco product or other thing by means of which or in relation to which the inspector believes on reasonable grounds that this Act has been contravened.
(2)The inspector may direct that any tobacco product or thing seized be kept or stored in the place where it was seized or that it be removed to another place.
(3)Unless authorized by an inspector, no person shall remove, alter or interfere in any way with any tobacco product or other thing seized.
Clause 48: (1) to (4)Existing text of section 40:
40(1)Any person from whom a tobacco product or thing was seized may, within sixty 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.
(2)The provincial court judge may order that the tobacco product or thing 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 tobacco product or thing seized; and
(b)that the tobacco product or thing seized is not and will not be required as evidence in any proceedings in respect of an offence under this Act.
(3)Where, on hearing an application made under subsection (1), the provincial court judge is satisfied that the applicant is entitled to possession of the tobacco product or thing seized but is not satisfied with respect to the matters mentioned in paragraph (2)‍(b), the judge may order that the product or thing 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.
(4)The provincial court judge may not make an order under this section for restoration of a tobacco product or thing if it has been forfeited by consent under subsection 41(3).
Clause 49:Existing text of section 41:
41(1)Where no application has been made under subsection 40(1) for the restoration of a tobacco product or thing seized under this Act within sixty 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 product or thing is forfeited to Her Majesty and may be disposed of as the Minister directs.
(2)Where a person has been convicted of an offence under this Act, any tobacco product or thing seized under this Act by means of or in respect of which the offence was committed is forfeited to Her Majesty and may be disposed of as the Minister directs.
(3)Where an inspector has seized a tobacco product or thing and the owner or the person in whose possession it was at the time of seizure consents in writing to its forfeiture, the product or thing is forfeited to Her Majesty and may be destroyed or disposed of as the Minister directs.
Clause 50:Relevant portion of section 42:
42The Governor in Council may make regulations
.‍.‍.
Clause 51:Existing text of the heading:
Laying of Proposed Regulations
Clause 52: (1)Existing text of subsection 42.‍1(1):
42.‍1(1)The Governor in Council may not make a regulation under section 7, 14, 17, 33 or 42 unless the Minister has first laid the proposed regulation before the House of Commons.
(2)Relevant portion of subsection 42.‍1(3):
(3)The Governor in Council may make a regulation under section 7, 14, 17, 33 or 42 only if
Clause 53:New.
Clause 54:New.
Clause 55:Existing text of sections 43 to 44:
43Every person who contravenes section 5 or 19 is guilty of an offence and liable
(a)on summary conviction, to a fine not exceeding $100,000 or to imprisonment for a term not exceeding one year, or to both; or
(b)on conviction on indictment, to a fine not exceeding $300,000 or to imprisonment for a term not exceeding two years, or to both.
43.‍1Every manufacturer who contravenes subsection 5.‍1(1), 5.‍2(1) or 23.‍1(1) or (2) is guilty of an offence and liable on summary conviction to a fine not exceeding $300,000 or to imprisonment for a term not exceeding two years, or to both.
43.‍2Every retailer who contravenes subsection 5.‍2(1) or 23.‍1(2) is guilty of an offence and liable on summary conviction to a fine not exceeding $50,000.
44Every person who contravenes subsection 6(1) or (2), 10(1) or (2), 26(1) or (2) or 31(1) or (3), section 32 or subsection 38(1) or (2) is guilty of an offence and liable on summary conviction to a fine not exceeding $50,000 or to imprisonment for a term not exceeding six months, or to both.
Clause 60:Relevant portion of section 45:
45Every person who contravenes section 8, 9, 11 or 12, or any retailer who contravenes section 29, is guilty of an offence and liable on summary conviction
Clause 61:Existing text of sections 46 and 47:
46(1)Every retailer who contravenes subsection 15(1) or (2) is guilty of an offence and liable on summary conviction to a fine not exceeding $50,000.
(2)Every manufacturer who contravenes subsection 15(1) or (2) or section 29 is guilty of an offence and liable on summary conviction to a fine not exceeding $300,000 or to imprisonment for a term not exceeding two years, or to both.
47Every person who contravenes subsection 13(1) or (2), section 20, subsection 21(1) or 22(1) or section 23 or 27 is guilty of an offence and liable on summary conviction to a fine not exceeding $300,000 or to imprisonment for a term not exceeding two years, or to both.
Clause 64:New.
Clause 65:Existing text of section 57:
57In a prosecution for a contravention of this Act,
(a)information on a package indicating that it contains a tobacco product is, in the absence of evidence to the contrary, proof that the package contains a tobacco product; and
(b)a name or address on a package purporting to be the name or address of the person by whom the tobacco product was manufactured is, in the absence of evidence to the contrary, proof that it was manufactured by that person.
Clause 66: (1) and (2)Relevant portion of section 59:
59When the court is sentencing an offender who has been convicted of an offence under this Act, in addition to any other punishment that may be imposed, the court may, having regard to the nature of the offence and the circumstances surrounding its commission, make an order having any or all of the following effects:
.‍.‍.
(b)prohibiting the offender from selling tobacco products for a period of not more than one year, in the case of a subsequent offence under section 8, 9, 11, 12 or 29;
.‍.‍.
(f)directing the offender to pay an amount for the purposes of conducting research into any matters relating to tobacco products that the court considers appropriate.
Clause 67:Existing text of subsection 60(1):
60(1)The Minister may enter into agreements with provinces or other bodies respecting the administration and enforcement of this Act, including the designation of provincial or other officials and bodies as inspectors under this Act and the appointment of federal officials as inspectors under provincial legislation in respect of tobacco.
Food and Drugs Act
Clause 71:Existing text of the heading:
Interpretation
Clause 72:New.
An Act to amend the Tobacco Act
Clause 73:Text of section 7:
7The Act is amended by adding the following after section 6:
6.‍1Subject to the regulations, no manufacturer shall manufacture or sell a tobacco product unless all of the information required under section 6 that relates to the product’s composition and ingredients is submitted to the Minister.
Clause 74:Text of section 16:
16The Act is amended by adding the following after section 44:
44.‍1Every manufacturer who contravenes section 6.‍1 is guilty of an offence and liable on summary conviction to a fine not exceeding $50,000 or to imprisonment for a term not exceeding six months, or to both.
Canada Consumer Product Safety Act
Clause 75:Existing text of subsection 4(2):
(2)This Act applies to tobacco products as defined in section 2 of the Tobacco Act but only in respect of their ignition propensity.
Non-smokers’ Health Act
Clause 81: Existing text of the long title:
An Act to regulate smoking in the federal work-place and on common carriers and to amend the Hazardous Products Act in relation to cigarette advertising
Clause 82: (1) and (2)Existing text of the definition:
smoke means to smoke, hold or otherwise have control over an ignited tobacco product; (usage du tabac)
(3)New.
(4)New.
Clause 83:Existing text of section 6:
6Nothing in section 4 or 5 affects the operation of any other Act of Parliament or regulations thereunder or any rule of law in relation to the protection of persons from exposure to tobacco smoke.
Clause 84:Relevant portion of subsection 7(1):
7(1)The Governor in Council may make regulations
Clause 85:Existing text of subsection 8.‍2(2):
(2)On the recommendation of the Minister of Labour, the Governor in Council may make regulations respecting the use of tobacco in a workplace at which is carried on employment that is subject to a regulation made pursuant to subsection (1).

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