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. The schedule to the Act is amended to add menthol and cloves as prohibited additives in all tobacco products. 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.

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

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

Short title

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

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, 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)

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

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)

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.

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.

Product standards

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

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.

Prohibition — sale

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

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.

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

6.‍1 Every manufacturer shall make available to the public, in the prescribed form and manner and within the prescribed time, information that is required by the regulations about tobacco products and their emissions.

Public disclosure by Minister

6.‍2 The Minister shall make available to the public, in the prescribed manner and within the prescribed time, information that is required by the regulations about tobacco products, their emissions and any research and development related to tobacco products and their emissions.

Non-application

6.‍3 Sections 6.‍1 and 6.‍2 do not apply in respect of tobacco products that have never been for sale in Canada.

Prohibition

6.‍01 Subject 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.

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

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

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

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

• (c.‍3) respecting the prohibition under section 6.‍01, including providing for the suspension of the sale of a tobacco product;

• (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);

PART I.‍1 

Vaping Products

Product standards

7.‍2 No 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

7.‍4 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.

Public disclosure by manufacturer

7.‍5 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.

Public disclosure by Minister

7.‍6 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.

Non-application

7.‍7 Sections 7.‍5 and 7.‍6 do not apply in respect of vaping products that have never been for sale in Canada.

Regulations

7.‍8 The 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.

Prohibition — manufacture

7.‍21 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.

Prohibition — sale

7.‍22 No 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.

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.

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.

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.

• (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.

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.

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.

Dispensing device

12 Subject to the regulations, no person shall furnish or permit the furnishing of a tobacco product or vaping product by means of a dispensing device.

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

• (a) that the product

  • (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

  • (ii) is the subject of an authorization issued under that Act authorizing its sale; or

• (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.

• (a) respecting the verifications referred to in subsection 8(2), paragraph 9(2)‍(b) and subsection 9(3);

• (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 section 11;

• (e) respecting exceptions to the prohibition under section 12;

Information — 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.

Information — packaging of tobacco products

(1.‍1) 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.

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.

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

15.‍2 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.

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

16 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.

• (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;

• (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;

Application of Division 1

(2) Division 1 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 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;

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.

DIVISION 1 

Tobacco Products

Prohibition

19 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.

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.

Comparison and prohibited elements

20.‍1 No 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.

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.

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.

• (a) a publication that is addressed and sent to an adult who is identified by name; or

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.

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.

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.

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.

Functions and sensory attributes

23.‍3 No person shall promote or sell a device that is a tobacco product or a part that may be used with such a device, whether or not the device or part contains tobacco, if the device or part has an appearance, shape or other sensory attribute or a function for which there are reasonable grounds to believe that it could make the device or part appealing to young persons.

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

25 No 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.

Brand element — thing or service

27 No 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).

Promotion des ventes

29 Il est interdit au fabricant et au détaillant de faire ou d’offrir de faire l’une des actions suivantes :

• (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.

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

30.‍1 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 advertising if there are reasonable grounds to believe that the advertising could be appealing to young persons.

Lifestyle advertising

30.‍2 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.

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

30.‍4 No 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

30.‍5 Subject to the regulations, no manufacturer or retailer shall give or offer to give

• (a) a vaping product; or

• (b) a thing that displays a vaping product-related brand element if

  • (i) the thing is associated with young persons,

  • (ii) there are reasonable grounds to believe that the thing could be appealing to young persons, or

  • (iii) the thing is associated with a way of life such as one that includes glamour, recreation, excitement, vitality, risk or daring.

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

30.‍7 No 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.

Advertising — regulations

30.‍701 No person shall promote a vaping product or a vaping product-related brand element by means of advertising done in a manner that is contrary to the regulations.

Point of sale promotion

30.‍8 No 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

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.

Functions and sensory attributes

30.‍41 No 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) Subject to subsection (3) and the regulations, 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) Subject to subsection (3) and the regulations, 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

30.‍44 No 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.

Health benefits

30.‍43 (1) Subject to subsection (3) and the regulations, 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.

Tobacco product-related brand element

30.‍71 No 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.

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.

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.

• (a) respecting the promotion of tobacco products, the use and promotion of tobacco product-related brand elements and the packaging of tobacco products, including the form, manner and conditions of the promotion and packaging, and the promotion of services and things for the purposes of section 28;

• (a.‍1) for the purposes of paragraph 20.‍1(b), prohibiting the use of terms, expressions, logos, symbols or illustrations in order to prevent the public from being deceived or misled with respect to the health effects or health hazards of tobacco products or their emissions;

• (b) respecting the advertising of tobacco products for the purposes of subsection 22(2);

• (c) respecting, for the purposes of subsection 26(1), the manner in which a tobacco product-related brand element may appear on an accessory;

• (d) respecting the display of tobacco products and accessories at the point of sale;

• (e) respecting signs that a retailer may post under subsection 30(2), including the placement of the signs and their number, size and content;

• (f) respecting exceptions to the prohibition under section 30.‍5;

• (g) respecting, for the purposes of section 30.‍7, the information about vaping products and their emissions and about the health hazards and health effects arising from the use of the products and from their emissions that must be conveyed in advertising;

• (g.‍1) respecting, for the purposes of section 30.‍701, the advertising of vaping products and vaping product-related brand elements;

• (h) respecting, for the purposes of section 30.‍8, the promotion, at the point of sale, of vaping products and vaping product-related brand elements, including their display;

• (i) requiring manufacturers to disclose the particulars of their tobacco product-related and vaping product-related brand elements and promotional activities;

• (j) respecting requests for supplementary information under subsection 32(2);

• (k) prescribing anything that by this Part is to be prescribed; and

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

• (e.‍1) for the purposes of section 30.‍42, prohibiting or respecting the use of terms, expressions, logos, symbols or illustrations in order to prevent the public from being deceived or misled with respect to the health effects or health hazards of vaping products or their emissions;

• (e.‍2) respecting exceptions to the prohibitions under subsections 30.‍43(1) and (2);

• (e.‍3) respecting, for the purposes of section 30.‍45, the packaging of vaping products, including by prohibiting the display of terms, expressions, logos, symbols or illustrations on the package that could be appealing to young persons;

• (e.‍2) respecting exceptions to the prohibitions under subsections 30.‍43(1) and (2) and, for the purposes of subsection 30.‍43(1), what constitutes a health benefit;

PART V 

Administration and Enforcement

Inspection and Analysis

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.

(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.

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

(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.

(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.

(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).

(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.

(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).

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).

(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.

(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.

(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.

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.

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.

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.

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

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).

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.

• (b.‍1) respecting the costs in relation to anything required or authorized under section 39 or subsection 41(4);

Miscellaneous Provisions

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 that are regulated under the Food and Drugs Act or that contain a controlled substance, as defined in subsection 2(1) of the Controlled Drugs and Substances 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, or on the basis of type of licence, permit, authorization or exemption issued or granted under the Controlled Drugs and Substances 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

42.‍4 The 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

42.‍5 The 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.

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.

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

43.‍1 Every 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

43.‍2 Every 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

44 Every 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) 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

44.‍1 Every 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.

Prohibited additives and ingredients — manufacturer

43.‍1 Every 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.

Additives, ingredients and markings — manufacturer

43.‍1 Every 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

43.‍2 Every 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.

Summary offence

44 Every 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.

Prohibited sale

44.‍1 Every 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.

Sales to young persons, promotions

45 Every person who contravenes subsection 8(1) or 9(1) or section 11 or 12, or every retailer who contravenes section 29 or 30.‍5 or subsection 30.‍6(1) or (2), is guilty of an offence and liable on summary conviction

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 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.

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

47 Every 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, 27, 30.‍1 or 30.‍2, subsection 30.‍3(1) or (2), section 30.‍4 or 30.‍701 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 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.

General offence

47 Every 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) or 23.‍2(1) or (2), section 23.‍3, subsection 24(1) or (2), section 25, 27, 30.‍1 or 30.‍2, subsection 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 30.‍701 or 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.

Due diligence defence

48.‍1 A 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.

• (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.

• (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;

• (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.

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.

PART VII.‍1 

Review of the Act

Review of the Act

60.‍1 (1) The Minister must, three years after the day on which this section comes into force and every two years after that, undertake a review of the provisions and operation of this Act.

Report to Parliament

(2) The Minister must, no later than one year after the day on which the review is undertaken, cause a report on the review to be tabled in each House of Parliament.

Interpretation and Application

Tobacco products

2.‍2 This 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.

Tobacco products

(2) This Act does not apply to a tobacco 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.

Vaping products

(4) The Consumer Chemicals and Containers Regulations, 2001 do not apply in respect of vaping products, within the meaning of paragraphs (a) to (c) of the definition vaping product in section 2 of the Tobacco and Vaping Products Act, unless those regulations are amended to expressly provide that they apply in respect of those products.

9 Sections 6 and 6.‍1 of the Act are replaced by the following:

55 Sections 43 to 44.‍1 of the Act are 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.

An Act to regulate smoking in the federal workplace and on certain modes of transportation

smoke means to smoke, hold or otherwise have control over an ignited tobacco product or to vape using a vaping product; (fumer)

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)

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)

Saving

6 Nothing 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.

• (a.‍1) designating any device to be a vaping product for the purpose of the definition vaping product;

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).

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