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Bill C-42

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

The House of Commons of Canada

BILL C-42

An Act to amend the Tobacco Act

1997, c. 13

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

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

Prohibition - sponsorship promotion

24. No person may display a tobacco product-related brand element or the name of a tobacco manufacturer in a promotion that is used, directly or indirectly, in the sponsorship of a person, entity, event, activity or permanent facility.

(2) Subsection (1) comes into force 60 months after the day prescribed under section 5.

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

Prohibition - name of facility

25. No person may display a tobacco product-related brand element or the name of a tobacco manufacturer on a permanent facility, as part of the name of the facility or otherwise, if the tobacco product-related brand element or name is thereby associated with a sports or cultural event or activity.

(2) Subsection (1) is deemed to have come into force on the day on which this Act is introduced in Parliament.

(3) Section 25, as it read immediately before the coming into force of subsection (1), continues to apply until 60 months after the day prescribed under section 5 in relation to the display, on a permanent facility, of a tobacco product-related brand element that appeared on the facility on the day on which this Act was introduced in Parliament.

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 (1) Paragraphs 33(c) and (d) of the Act are repealed.

(2) Subsection (1) comes into force 60 months after the day prescribed under section 5.

4. (1) Section 66 of the Act is renumbered as subsection 66(1) and is amended by adding the following:

Application delayed - sponsorship before April 25, 1997

(2) Subsections 24(2) and (3) do not apply until 24 months after the prescribed day in relation to the display of a tobacco product-related brand element in promotional material that is used in the sponsorship of a person, entity, event or activity if the tobacco product-related brand element has been displayed before April 25, 1997 in promotional material that is used in the sponsorship of the person, entity, event or activity, as the case may be.

Application further delayed on site where sponsorship before April 25, 1997

(3) Subject to subsection (4), if a tobacco product-related brand element has been displayed before April 25, 1997 in promotional material that was used in the sponsorship of a person or entity, or of an event or activity that has been held before that date, subsections 24(2) and (3) do not apply before 60 months after the prescribed day in relation to the display of the tobacco product-related brand element in promotional material that is used, in the sponsorship of the person, entity, event or activity, on the site of

    (a) in the case of a person or entity, an event or activity that has been held before that date, and

    (b) in the case of an event or activity, the event or activity

for the duration of the event or activity or for any other period that may be prescribed by regulation.

Promotional material

(4) Subsections 24(2) and (3) apply after 24 months after the prescribed day and before 60 months after that day to prohibit the furnishing to the public, on the site of an event or activity referred to in subsection (3), of promotional material that displays a tobacco product-related brand element otherwise than in conformity with subsection 24(2).

Meaning of ``prescribed day''

(5) In this section, ``prescribed day'' means the day prescribed under section 5 of An Act to amend the Tobacco Act, assented to in the first session of the thirty-sixth Parliament.

(2) Subsection 66(2) of the Tobacco Act, as enacted by subsection (1), comes into force or is deemed to have come into force on October 1, 1998.

(3) Subsections 66(3) and (4) of the Tobacco Act, as enacted by subsection (1), come into force 24 months after the day prescribed under section 5.

Day to be prescribed

5. The Governor in Council may, by regulation, prescribe a day for the purposes of subsections 1(2), 2(3), 3(2) and 4(3).