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Bill C-42

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SUMMARY

This enactment provides for a five-year phased-in transition period towards a prohibition of tobacco sponsorship promotions. The existing section 24 will continue to apply in limited circumstances during the transition period.

EXPLANATORY NOTES

Clause 1: Section 24 reads as follows:

24. (1) Subject to the regulations and subsections (2) and (3), a person may display a tobacco product-related brand element in a promotion that is used in the sponsorship of a person, entity, event, activity or permanent facility if the person, entity, event, activity or facility

    (a) is associated with young persons or could be construed on reasonable grounds to be appealing to young persons or if young persons are its primary beneficiaries; or

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

(2) A person may display a tobacco product-related brand element only within the bottom ten per cent of the display surface of any promotional material.

(3) A person may use promotional material that conforms with subsection (2) and that displays tobacco product-related brand elements

    (a) in a publication that is provided by mail and addressed to an adult who is identified by name;

    (b) in a publication that has an adult readership of not less than eighty-five per cent;

    (c) in signs or programs available on the site of the event, activity or permanent facility; or

    (d) in signs in a place where young persons are not permitted by law.

(4) Where the criteria described in paragraphs (1)(a) and (b) do not apply to a sponsorship, a person may, subject to the regulations, use a tobacco product-related brand element in the promotion of the sponsorship.

Clause 2: Section 25 reads as follows:

25. If a tobacco product-related brand element is part of the name of a permanent facility, the tobacco product-related brand element may appear on the facility in accordance with the regulations.

Clause 3: The relevant portion of section 33 reads as follows:

33. The Governor in Council may make regulations

    . . .

    (c) respecting the use of tobacco product-related brand elements for the purposes of subsection 24(4);

    (d) prescribing the manner in which a tobacco product-related brand element may appear on a permanent facility;

Clause 4: New.

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