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Bill C-42

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1st Session, 36th Parliament,
46-47 Elizabeth II, 1997-98

The House of Commons of Canada

BILL C-42

An Act to amend the Tobacco Act

1997, c. 13

      Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:

1. Section 24 of the Tobacco Act is replaced by the following:

Prohibition - sponsorship promotion

24. No 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.

2. (1) Section 25 of the Act is replaced by the following:

Prohibition - name of facility

25. No 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.

(2) Section 25 of the Act , as it read immediately before the coming into force of subsection (1), continues to apply until October 1, 2003 in relation to the display, on a permanent facility, of a tobacco product-related brand element that appeared on the facility on the day on which this Act comes into force .

3. Paragraphs 33(c) and (d) of the Act are repealed.

4. (1) Section 66 of the Act is renumbered as subsection 66(1).

(2) Subsection 66(1) of the English version of the Act is replaced by the following:

Subsections 24(2) and (3)

66. (1) Subsections 24(2) and (3) come into force on October 1, 1998 or on any earlier day that the Governor in Council may fix by order.

(3) Section 66 of the Act is amended by adding the following after subsection (1) :

Application delayed - sponsorship before April 25, 1997

(2) If a tobacco product-related brand element was displayed, at any time between January 25, 1996 and April 25, 1997, in promotional material that was used in the sponsorship of an event or activity that took place in Canada, subsections 24(2) and (3) do not apply until

    (a) October 1, 2000 in relation to the display of a tobacco product-related brand element in promotional material that is used in the sponsorship of that event or activity or of a person or entity participating in that event or activity; and

    (b) October 1, 2003 in relation to the display referred to in paragraph (a) on the site of the event or activity for the duration of the event or activity or for any other period that may be prescribed.

Promotional material

(3) Subsections 24(2) and (3) apply from October 1, 2000 to October 1, 2003 to prohibit the furnishing to the public, on the site of an event or activity to which paragraph (2)(b) applies , of promotional material that displays a tobacco product-related brand element otherwise than in conformity with subsection 24(2).

Coming into force

5. (1) Sections 1 and 3 come into force on October 1, 2003 .

Coming into force

(2) Subsection 66(2) of the Act, except paragraph (b), as enacted by section 4, is deemed to have come into force on October 1, 1998.

Coming into force

(3) Paragraph 66(2)(b) and subsection 66(3) of the Act, as enacted by section 4, come into force on October 1, 2000.