Tobacco and Vaping Products Act

An Act to regulate the manufacture, sale, labelling and promotion of tobacco products and vaping products

Canada (Federal)· T-11.5· 547 sections· current to 2024-06-20In force

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Sections612

1Short title
This Act may be cited as the Tobacco and Vaping Products Act.
2Definitions
The definitions in this section apply in this Act.
2[p2]
accessory means a product that may be used in the consumption of a tobacco product, including a pipe, cigarette holder, cigar clip, lighter and matches, and also means a water pipe. It does not include cannabis accessories, as defined in subsection 2(1) of the Cannabis Act. (accessoire)
2[p3]
additive, in respect of tobacco products, means an ingredient other than tobacco leaves. (additif)
2[p4]
analyst means a person designated as an analyst under subsection 34(1). (analyste)
2[p5]
blunt wrap means a sheet, including one that is rolled, that is composed of natural or reconstituted tobacco and that is ready to be filled. (feuille d’enveloppe)
2[p6]
brand element includes a brand name, trademark, trade-name, distinguishing guise, logo, graphic arrangement, design or slogan that is reasonably associated with, or that evokes, a product, a service or a brand of product or service, but does not include a colour. (élément de marque)
2[p7]
emission means a substance that is produced when a tobacco product or vaping product is used. (émission)
2[p8]
entity includes a corporation, firm, partnership, association, society, trust or other organization, whether incorporated or not. (entité)
2[p9]
furnish means to sell, lend, assign, give or send, with or without consideration, or to barter or deposit with another person for the performance of a service. (fournir)
2[p10]
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)
2[p11]
inspector means a person designated as an inspector under subsection 34(1). (inspecteur)
2[p12]
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)
2[p13]
little cigar means a roll or tubular construction that It includes any tobacco product that is designated by the regulations to be a little cigar. (petit cigare)
2[p13](a)
is intended for smoking;
2[p13](b)
contains a filler composed of natural or reconstituted tobacco;
2[p13](c)
has a wrapper, or a binder and a wrapper, composed of natural or reconstituted tobacco; and
2[p13](d)
has a cigarette filter or weighs no more than 1.4 g, excluding the weight of any mouthpiece or tip.
2[p18]
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)
2[p19]
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)
2[p20]
Minister means the Minister of Health. (ministre)
2[p21]Repealed
package[Repealed, 2009, c. 27, s. 2]
2[p22]
prescribed means prescribed by regulation. (Version anglaise seulement)
2[p23]
retailer means a person who is engaged in a business that includes the sale of tobacco products or vaping products to consumers. (détaillant)
2[p24]
sell includes offer for sale, expose for sale and sell for export. (vendre)
2[p25]
tobacco product means a product made in whole or in part of tobacco, including tobacco leaves. It includes papers, tubes and filters intended for use with that product, a device, other than a water pipe, that is necessary for the use of that product and the parts that may be used with the device. (produit du tabac)
2[p26]
vaping product means It does not include devices and substances or mixtures of substances that are excluded by the regulations, cannabis, as defined in subsection 2(1) of the Cannabis Act, cannabis accessories, as defined in that subsection, tobacco products or their accessories. (produit de vapotage)
2[p26](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;
2[p26](b)
a device that is designated to be a vaping product by the regulations;
2[p26](c)
a part that may be used with those devices; and
2[p26](d)
a substance or mixture of substances, whether or not it contains nicotine, that is intended for use with those devices to produce emissions.
2[p31]
young person means a person under eighteen years of age. (jeune)
2.1Regulations — little cigar and vaping product
2.1(1)
The Governor in Council may make regulations
2.1(1)(a)
designating any tobacco product to be a little cigar for the purpose of the definition little cigar;
2.1(1)(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
2.1(1)(c)
designating any substance or mixture of substances not to be a vaping product for the purpose of the definition vaping product.
2.1(2)Order in council — little cigar
The Governor in Council may, by order, amend the definition little cigar by replacing the weight set out in that definition by a weight that is not less than 1.4 g.
3Binding on Her Majesty
This Act is binding on Her Majesty in right of Canada or a province.
4Purpose 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.
4(2)Tobacco products
The purpose of this Act with respect to tobacco products is to support the objectives set out in subsection (1) and, in particular,
4(2)(a)
to protect young persons and others from inducements to use tobacco products and the consequent dependence on them;
4(2)(b)
to protect the health of young persons by restricting access to tobacco products;
4(2)(c)
to prevent the public from being deceived or misled with respect to the health hazards of using tobacco products; and
4(2)(d)
to enhance public awareness of those hazards.
4(3)Vaping products
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,
4(3)(a)
to protect young persons and non-users of tobacco products from inducements to use vaping products;
4(3)(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;
4(3)(c)
to protect the health of young persons by restricting access to vaping products;
4(3)(d)
to prevent the public from being deceived or misled with respect to the health hazards of using vaping products; and
4(3)(e)
to enhance public awareness of those hazards.
5Product standards
No manufacturer shall manufacture or sell a tobacco product that does not conform with the standards established by the regulations.
5.1Prohibition — manufacture
5.1(1)
No manufacturer shall use an additive set out in column 1 of Schedule 1 in the manufacture of a tobacco product set out in column 2.
5.1(2)Repealed
[Repealed, 2018, c. 9, s. 7]
5.2Prohibition — sale
No manufacturer shall sell a tobacco product set out in column 2 of Schedule 1 that contains an additive set out in column 1.
5.3Marking
5.3(1)
No person shall manufacture or sell a tobacco product that displays a marking, unless the marking is authorized by the regulations.
5.3(2)Exception
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.
5.3(3)Additive
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.
6Information 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.
6(2)Supplementary information
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.
6.1Public disclosure by manufacturer
Every manufacturer shall make available to the public, in the prescribed form and manner and within the prescribed time, information that is required by the regulations about tobacco products and their emissions.
6.2Public disclosure by Minister
The Minister shall make available to the public, in the prescribed manner and within the prescribed time, information that is required by the regulations about tobacco products, their emissions and any research and development related to tobacco products and their emissions.
6.3Non-application
Sections 6.1 and 6.2 do not apply in respect of tobacco products that have never been for sale in Canada.
7Regulations
The Governor in Council may make regulations
7(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;
7(b)
respecting test methods, including methods to assess conformity with the standards;
7(b.1)
respecting markings that may be displayed on tobacco products;
7(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;
7(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;
7(c.2)
respecting requests for supplementary information under subsection 6(2);
7(c.3)Repealed
[Repealed, 2018, c. 9, s. 11]
7(d)
prescribing the means, including electronic means, by which the information referred to in paragraphs (c) to (c.2) may be submitted to the Minister;
7(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);
7(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);
7(d.1)
prescribing anything that by this Part is to be prescribed; and
7(e)
generally for carrying out the purposes of this Part.
7.1Amendment of schedule
7.1(1)
The Governor in Council may, by order, amend Schedule 1 by adding, amending or deleting
7.1(1)(a)
the name or description of an additive or tobacco product; or
7.1(1)(b)
a reference to all tobacco products, with or without exceptions.
7.1(2)Description
An additive or tobacco 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.
7.2Product standards
No manufacturer shall manufacture or sell a vaping product that does not conform with the standards established by the regulations.
7.21Prohibition — manufacture
No 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.
7.22Prohibition — sale
No manufacturer shall sell a vaping product set out in column 2 of Schedule 2 that contains an ingredient set out in column 1.
7.23Amendment of Schedule 2
7.23(1)
The Governor in Council may, by order, amend Schedule 2 by adding, amending or deleting
7.23(1)(a)
the name or description of an ingredient or vaping product; or
7.23(1)(b)
a reference to all vaping products, with or without exceptions.
7.23(2)Description
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.
7.23(3)Operation of amendments suspended
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.
7.23(4)Consequences of suspension
During the period in which the operation of the amendments is suspended with respect to retailers,
7.23(4)(a)
Schedule 2, as it read immediately before the coming into force of the order, continues to apply with respect to retailers; and
7.23(4)(b)
no other amendment to Schedule 2 is to come into force.
7.3Information 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.
7.3(2)Supplementary information
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.
7.4Prohibition
Subject 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.
7.5Public disclosure by manufacturer
Every manufacturer shall make available to the public, in the prescribed form and manner and within the prescribed time, information that is required by the regulations about vaping products and their emissions.
7.6Public disclosure by Minister
The Minister shall make available to the public, in the prescribed manner and within the prescribed time, information that is required by the regulations about vaping products, their emissions and any research and development related to vaping products and their emissions.
7.7Non-application
Sections 7.5 and 7.6 do not apply in respect of vaping products that have never been for sale in Canada.
7.8Regulations
The Governor in Council may make regulations
7.8(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;
7.8(b)
respecting test methods, including methods to assess conformity with the standards;
7.8(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;
7.8(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;
7.8(e)
respecting requests for supplementary information under subsection 7.3(2);
7.8(f)
respecting the prohibition under section 7.4, including providing for the suspension of the sale of a vaping product;
7.8(g)
prescribing the means, including electronic means, by which the information referred to in paragraphs (c) to (e) may be submitted to the Minister;
7.8(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);
7.8(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);
7.8(j)
prescribing anything that by this Part is to be prescribed; and
7.8(k)
generally for carrying out the purposes of this Part.
8Furnishing 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.
8(2)Defence
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.
9Sending and delivering to young persons
9(1)
No person shall send or deliver a tobacco product or vaping product to a young person.
9(2)Defence — sender
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
9(2)(a)
informed the person delivering the product of its nature and of the prohibition on its delivery to a young person; and
9(2)(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.
9(3)Defence — person making delivery
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
9(3)(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
9(3)(b)
believed on reasonable grounds that the piece of identification was authentic.
9.1Tobacco 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.
9.1(2)Advertising an offer
No person shall advertise an offer to send or deliver a tobacco product from one province to another.
10Minimum number of products in package
10(1)
No person shall import for sale in Canada, package, distribute or sell cigarettes, little cigars or blunt wraps except in a package that contains at least 20 cigarettes, little cigars or blunt wraps or, if a higher number is prescribed, at least the prescribed number.
10(2)Other tobacco products
No person shall import for sale in Canada, package, distribute or sell a tobacco product — other than cigarettes, little cigars or blunt wraps — that is prescribed for the purposes of this subsection, except in a package that contains at least the prescribed portions, number or quantity of the tobacco product.
10(3)Vaping products
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.
11Self-service display
No person, unless exempted by the regulations, shall sell a tobacco product by means of a display that permits a person to handle the tobacco product before paying for it.
12Dispensing device
No 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
12(a)
a place to which the public does not reasonably have access; or
12(b)
a bar, tavern or beverage room and has a prescribed security mechanism.
13Prescription vaping products
13(1)
Subsections 8(1), 9(1) and 10(3) do not apply in respect of
13(1)(a)
a prescription vaping product; or
13(1)(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.
13(2)Definition of prescription
In this section, prescription, in respect of a vaping product, means
13(2)(a)
that the product
13(2)(a)(i)
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
13(2)(a)(ii)
is the subject of an authorization issued under that Act authorizing its sale; or
13(2)(b)
that the product contains a controlled substance, as defined in subsection 2(1) of the Controlled Drugs and Substances Act, the sale or provision of which is authorized under that Act.
14Regulations
The Governor in Council may make regulations
14(a)
prescribing the documentation that may be used to verify the age of a person for the purposes of subsection 8(2);
14(a.1)
respecting exemptions to the prohibition under subsection 9.1(1);
14(b)
prescribing tobacco products for the purposes of subsection 10(2) and prescribing vaping products for the purposes of subsection 10(3);
14(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;
14(d)
exempting persons from the application of section 11;
14(e)
respecting exemptions from the application of section 12;
14(f)
prescribing anything that by this Part is to be prescribed; and
14(g)
generally for carrying out the purposes of this Part.
15Information — sale of tobacco products
15(1)
No manufacturer or retailer shall sell a tobacco 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.
15(1.1)Information — packaging of tobacco products
No manufacturer shall package a tobacco 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.
15(2)Information — leaflet
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.
15(3)Repealed
[Repealed, 2018, c. 9, s. 20]
15.1Information — 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.
15.1(2)Information — manufacture of vaping products
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.
15.1(3)Information — packaging of vaping products
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.
15.1(4)Information — leaflet or tag
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.
15.2Attribution
The 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.
15.3Display 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.
15.3(2)Provision of information — other
No manufacturer or retailer shall provide, in a manner that is contrary to the regulations, written information with a tobacco product.
16For greater certainty
For 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.
17Regulations
The Governor in Council may make regulations
17(a)
respecting the information that must appear on tobacco products and 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;
17(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;
17(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;
17(b)
prescribing anything that by this Part is to be prescribed; and
17(c)
generally for carrying out the purposes of this Part.
18Definition of promotion
18(1)
In this Part, promotion means a representation about a product or service by any means, whether directly or indirectly, including any communication of information about a product or service and its price and distribution, that is likely to influence and shape attitudes, beliefs and behaviours about the product or service.
18(2)Application of Division 1
Division 1 of this Part does not apply to
18(2)(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;
18(2)(b)
a report, commentary or opinion in respect of a tobacco product or a brand of tobacco product if no consideration is given by a manufacturer or retailer, directly or indirectly, for the reference to the tobacco product or brand in that report, commentary or opinion; or
18(2)(c)
a promotion by a tobacco grower or a manufacturer that is directed at tobacco growers, manufacturers, persons who distribute tobacco products or retailers but not, either directly or indirectly, at consumers.
18(3)Application of Division 2
Division 2 of this Part does not apply to
18(3)(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;
18(3)(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
18(3)(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.
19Prohibition
No 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.
20False 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.
20(2)Considerations
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.
20.1Comparison and prohibited elements
No person shall promote a tobacco product, including by means of the packaging,
20.1(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
20.1(b)
by using terms, expressions, logos, symbols or illustrations that are prohibited by the regulations.
21Testimonials 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.
21(2)Depiction of person
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.
21(3)Repealed
[Repealed, 2018, c. 9, s. 28]
22Advertising
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.