Bill C-348

2nd Session, 40th Parliament,

57-58 Elizabeth II, 2009

house of commons of canada

BILL C-348

An Act to amend the Tobacco Act (cigarillos, cigars and pipe tobacco)

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

1. Section 2 of the Tobacco Act is amended by adding the following in alphabetical order:

2. Subsection 10(1) of the Act is replaced by the following:

10. (1) No person shall sell cigarettes or cigarillos except in a package that contains at least twenty cigarettes or cigarillos, or at least a prescribed number of cigarettes or cigarillos, which number shall be more than twenty.

3. The Act is amended by adding the following after section 10:

10.1 No manufacturer or retailer shall sell at retail an empty wrapper that consists of reconstituted leaf tobacco.

10.2 No manufacturer or retailer shall sell a tobacco product that includes a flavouring agent other than sugar, tobacco, tobacco extracts or reconstituted tobacco.

4. The Act is amended by adding the following after section 15:

15.1 (1) No manufacturer or retailer shall sell boxes of cigarillos unless the box bears on two principal display surfaces a health warning label occupying at least 50% of the panel.

(2) No manufacturer or retailer shall sell bundles of cigarillos unless the bundles are sold with a health warning label measuring at least 40 cm² in area and 4 cm in width and occupying any surface of the bundle except for the top or bottom.

15.2 (1) No manufacturer or retailer shall sell a package of pipe tobacco or cigars unless the package bears on two principal display surfaces a health warning label occupying at least 50% of the panel.

(2) No manufacturer or retailer shall sell a cigar without a health warning label, regardless of the number of cigars being sold.

5. Section 44 of the Act is replaced by the following:

44. Every person who contravenes section 6, subsection 10(1) or (2), section 10.1 or 10.2, subsection 26(1) or (2) or 31(1) or (3), section 32 or subsection 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.

6. Section 46 of the Act is replaced by the following:

46. (1) Every retailer who contravenes subsection 15(1) or (2) or section 15.1 or 15.2 is guilty of an offence and liable on summary conviction to a fine not exceeding $50,000.

(2) Every manufacturer who contravenes subsection 15(1) or (2) or section 15.1, 15.2 or 29 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.