GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
Tobacco and Vaping Products Act — T-11.5 57
Evidentiary presumptions 57 In a prosecution for a contravention of this Act, (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. 1997, c. 13, s. 57; 2018, c. 9, s. 65
Tobacco and Vaping Products Act — T-11.5 58
Additional fine 58 If an offender has been convicted of an offence under this Act and the court is satisfied that as a result of the commission of the offence the offender acquired any monetary benefits or that monetary benefits accrued to the offender, the court may order the offender to pay, despite the maximum amount of any fine that may otherwise be imposed under this Act, an additional fine in an amount equal to the court’s estimation of the amount of those monetary benefits.
Tobacco and Vaping Products Act — T-11.5 59
Orders of court 59 When the court is sentencing an offender who has been convicted of an offence under this Act, in addition to any other punishment that may be imposed, the court may, having regard to the nature of the offence and the circumstances surrounding its commission, make an order having any or all of the following effects: (a) prohibiting the offender from doing any act or engaging in any activity that is likely to result in the continuation or repetition of the offence; (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; (c) directing the offender to publish, in the manner directed by the court, the facts relating to the commission of the offence; (d) directing the offender to post any bond or pay any amount of money into court that will ensure compliance with an order made pursuant to this section; (e) directing the offender to compensate the Minister, in whole or in part, for the cost of any remedial or preventive action taken by or caused to be taken on behalf of the Minister as a result of the act or omission that constituted the offence; and (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. 1997, c. 13, s. 59; 2018, c. 9, s. 66
Tobacco and Vaping Products Act — T-11.5 60
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. Equivalency agreements (2) The Minister may enter into equivalency agreements with a province where there are in force, under the laws of that province, provisions that are equivalent to the provisions of this Act. Order (3) The Governor in Council may, on the recommendation of the Minister, by order, declare that certain provisions of this Act or the regulations, other than those creating an absolute prohibition, do not apply within a province in which an equivalency agreement is in force. Table in Parliament (4) A copy of an equivalency agreement in respect of which an order is made under subsection (3) must be tabled in each House of Parliament within the first 15 sitting days of that House after the order is made. 1997, c. 13, s. 60; 2015, c. 3, s. 155; 2018, c. 9, s. 67
Tobacco and Vaping Products Act — T-11.5 60.1
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. 2018, c. 9, s. 67.1
Tobacco and Vaping Products Act — T-11.5 Subsections 24(2) and (3)
Subsections 24(2) and (3) * 66 (1) Subsections 24(2) and (3) come into force on October 1, 1998 or on any earlier day that the Governor in Council may fix by order. * [Note: Subsections 24(2) and (3) in force October 1, 1998.] Application delayed — sponsorship before April 25, 1997 (2) If a tobacco product-related brand element was displayed, at any time between January 25, 1996 and April 25, 1997, in promotional material that was used in the sponsorship of an event or activity that took place in Canada, subsections 24(2) and (3) do not apply until (a) October 1, 2000 in relation to the display of a tobacco product-related brand element in promotional material that is used in the sponsorship of that event or activity or of a person or entity participating in that event or activity; and (b) October 1, 2003 in relation to the display referred to in paragraph (a) on the site of the event or activity for the duration of the event or activity or for any other period that may be prescribed. Promotional material (3) Subsections 24(2) and (3) apply beginning on October 1, 2000 and ending on September 30, 2003 to prohibit the furnishing to the public, on the site of an event or activity to which paragraph (2)(b) applies, of promotional material that displays a tobacco product-related brand element otherwise than in conformity with subsection 24(2). 1997, c. 13, s. 66; 1998, c. 38, s. 4
Tobacco and Vaping Products Act — T-11.5 –
Additives that have flavouring properties or that enhance flavour (other than those set out in Column 1 of item 1.2), including – additives identified as flavourings by the Joint FAO/WHO Expert Committee on Food Additives in the Committee’s evaluations, as published from time to time in the WHO Technical Report Series – additives identified as generally recognized as safe (GRAS) flavouring substances by the Flavor and Extract Manufacturers Association (FEMA) Expert Panel in its lists of GRAS substances referred to as “GRAS 3” to “GRAS 29” and subsequent lists of GRAS substances, as published from time to time, if any
Tobacco and Vaping Products Act — T-11.5 –
– additives identified as flavourings by the Joint FAO/WHO Expert Committee on Food Additives in the Committee’s evaluations, as published from time to time in the WHO Technical Report Series
Tobacco and Vaping Products Act — T-11.5 –
– additives identified as generally recognized as safe (GRAS) flavouring substances by the Flavor and Extract Manufacturers Association (FEMA) Expert Panel in its lists of GRAS substances referred to as “GRAS 3” to “GRAS 29” and subsequent lists of GRAS substances, as published from time to time, if any
Tobacco and Vaping Products Act — T-11.5 –
The following additives are excluded: – benzoic acid (CAS 65-85-0) and its salts – butylated hydroxytoluene (CAS 128-37-0) – carboxymethyl cellulose (CAS 9000-11-7) – citric acid (CAS 77-92-9) and its salts – ethanol (CAS 64-17-5) – polyoxyethylene sorbitan monolaurate (CAS 9005-64-5) – fumaric acid (CAS 110-17-8) – glycerol (CAS 56-81-5) – guar gum (CAS 9000-30-0) – n-propyl acetate (CAS 109-60-4) – paraffin wax (CAS 8002-74-2) – propylene glycol (CAS 57-55-6) – glycerol esters of wood rosin (CAS 8050-31-5) – sodium acetate anhydrous (CAS 127-09-3) – sodium alginate (CAS 9005-38-3) – sorbic acid (CAS 110-44-1) and its salts – triacetin (CAS 102-76-1) – tributyl acetylcitrate (CAS 77-90-7)
Tobacco and Vaping Products Act — T-11.5 –
– benzoic acid (CAS 65-85-0) and its salts
Tobacco and Vaping Products Act — T-11.5 –
– butylated hydroxytoluene (CAS 128-37-0)
Tobacco and Vaping Products Act — T-11.5 –
– carboxymethyl cellulose (CAS 9000-11-7)
Tobacco and Vaping Products Act — T-11.5 –
– citric acid (CAS 77-92-9) and its salts
Tobacco and Vaping Products Act — T-11.5 –
– polyoxyethylene sorbitan monolaurate (CAS 9005-64-5)
Tobacco and Vaping Products Act — T-11.5 –
– glycerol esters of wood rosin (CAS 8050-31-5)
Tobacco and Vaping Products Act — T-11.5 –
– sodium acetate anhydrous (CAS 127-09-3)
Tobacco and Vaping Products Act — T-11.5 –
– sorbic acid (CAS 110-44-1) and its salts
Tobacco and Vaping Products Act — T-11.5 (1)
Except those that are manufactured or sold for export, the following: (1) Cigarettes (2) Cigars that have a wrapper that is not fitted in spiral form, cigars that have tipping paper and little cigars (3) Blunt wraps
Tobacco and Vaping Products Act — T-11.5 (2)
(2) Cigars that have a wrapper that is not fitted in spiral form, cigars that have tipping paper and little cigars
Tobacco and Vaping Products Act — T-11.5 (1)
Except those that are manufactured or sold for export, the following: (1) Cigarettes (2) Little cigars (3) All other cigars, except those that weigh more than 6 g excluding the weight of any mouthpiece or tip, have a wrapper fitted in spiral form and do not have tipping paper (4) Blunt wraps
Tobacco and Vaping Products Act — T-11.5 (3)
(3) All other cigars, except those that weigh more than 6 g excluding the weight of any mouthpiece or tip, have a wrapper fitted in spiral form and do not have tipping paper
Tobacco and Vaping Products Act — T-11.5 (1)
Except those that are manufactured or sold for export, the following: (1) Cigarettes (2) Tubes (3) Tobacco products that are made in whole or in part of tobacco, rolled in paper and intended for use with a device
Tobacco and Vaping Products Act — T-11.5 (3)
(3) Tobacco products that are made in whole or in part of tobacco, rolled in paper and intended for use with a device
Tobacco and Vaping Products Act — T-11.5 (1)
Except those that are manufactured or sold for export, the following: (1) Blunt wraps (2) Leaf tobacco
Tobacco and Vaping Products Act — T-11.5 (1)
Subject to items 4.3 and 4.4, cigars, except the following: (1) Cigars that weigh more than 6 g excluding the weight of any mouthpiece or tip, have a wrapper fitted in spiral form and do not have tipping paper (2) Cigars that are manufactured or sold for export
Tobacco and Vaping Products Act — T-11.5 (1)
(1) Cigars that weigh more than 6 g excluding the weight of any mouthpiece or tip, have a wrapper fitted in spiral form and do not have tipping paper
Tobacco and Vaping Products Act — T-11.5 (2)
(2) Cigars that are manufactured or sold for export
Tobacco and Vaping Products Act — T-11.5 (1)
Except those that are manufactured or sold for export, the following: (1) Filters (2) Papers intended for use with a tobacco product
Tobacco and Vaping Products Act — T-11.5 (2)
(2) Papers intended for use with a tobacco product
Tobacco and Vaping Products Act — T-11.5 Note 1:
Note 1: In column 1, FAO means Food and Agriculture Organization of the United Nations; WHO means World Health Organization; CAS means Chemical Abstracts Service registry number.
Tobacco and Vaping Products Act — T-11.5 Note 2:
Note 2: In column 2, wrapper fitted in spiral form means a wrapper of a cigar that is fitted with an acute angle of at least 30° to the longitudinal axis of the cigar.
Tobacco and Vaping Products Act — T-11.5 Note:
Note: In column 2, prescription has the same meaning as in subsection 13(2).
Tobacco and Vaping Products Act — T-11.5 2
2 (2) Section 25 of the Act, as it read immediately before the coming into force of subsection (1), continues to apply until October 1, 2003 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 comes into force.
Tobacco and Vaping Products Act — T-11.5 76
Clarification — immediate application 76 For greater certainty, but subject to sections 77 and 78 , the amendments made by this Act also apply with respect to proceedings that are ongoing on the day on which this Act comes into force.
Tobacco and Vaping Products Act — T-11.5 77
Certain applications for warrants 77 (2) Each of the following provisions, as it read immediately before the day on which this Act comes into force, continues to apply with respect to an application made for a warrant under the provision if the application is submitted, and no decision has been made in respect of the application, before that day: (d) subsection 36(4) of the Tobacco and Vaping Products Act ;
Tobacco and Vaping Products Act — T-11.5 78.1
Impact of remote proceedings 78.1 (1) The Minister of Justice must, no later than three years after the day on which this Act receives royal assent, initiate one or more independent reviews on the use of remote proceedings in criminal justice matters that must include an assessment of whether remote proceedings (a) enhance, preserve or adversely affect access to justice; (b) maintain fundamental principles of the administration of justice; and (c) adequately address the rights and obligations of participants in the criminal justice system, including accused persons. Report (2) The Minister of Justice must, no later than five years after the day on which a review is initiated, cause a report on the review — including any findings or recommendations resulting from it — to be laid before each House of Parliament.
Tobacco and Vaping Products Act — T-11.5 78.2
Review by committee 78.2 (1) At the start of the fifth year after the day on which this Act receives royal assent, the provisions enacted or amended by this Act are to be referred to a committee of the Senate and a committee of the House of Commons that may be designated or established for the purpose of reviewing the provisions. Report (2) The committees to which the provisions are referred are to review them and the use of remote proceedings in criminal justice matters and submit reports to the Houses of Parliament of which they are committees, including statements setting out any changes to the provisions that they recommend.
Tobacco and Vaping Products Act — T-11.5 10
10 The Act is amended by adding the following after section 6: 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.
Tobacco and Vaping Products Act — T-11.5 6.01
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.
Tobacco and Vaping Products Act — T-11.5 11
2009, c. 27, s. 8(1) 11 (5) Section 7 of the Act is amended by adding the following after paragraph (c.2): (c.3) respecting the prohibition under section 6.01, including providing for the suspension of the sale of a tobacco product;
Tobacco and Vaping Products Act — T-11.5 14
14 (2) Subsection 8(2) of the Act is replaced by the following: 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.
Tobacco and Vaping Products Act — T-11.5 15
15 (2) Paragraph 9(2)(b) of the Act is replaced by the following: (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. (3) Subsection 9(3) of the Act is replaced by the following: 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.
Tobacco and Vaping Products Act — T-11.5 17
17 Section 12 of the Act is replaced by the following: 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.
Tobacco and Vaping Products Act — T-11.5 12
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.
Tobacco and Vaping Products Act — T-11.5 19
19 (1) Paragraph 14(a) of the Act is replaced by the following: (a) respecting the verifications referred to in subsection 8(2), paragraph 9(2)(b) and subsection 9(3);
Tobacco and Vaping Products Act — T-11.5 19
19 (3) Paragraph 14(e) of the Act is replaced by the following: (e) respecting exceptions to the prohibition under section 12;
Tobacco and Vaping Products Act — T-11.5 39
39 Subsection 30.43(1) of the Act is replaced by the following: 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 and Vaping Products Act — T-11.5 30.43
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 and Vaping Products Act — T-11.5 44
44 (6) Paragraph 33(e.2) of the Act is replaced by the following: (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;
Tobacco and Vaping Products Act — T-11.5 54
54 The Act is amended by adding the following after section 42.3: 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.
Tobacco and Vaping Products Act — T-11.5 42.31
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.
Tobacco and Vaping Products Act — T-11.5 58
58 Section 44 of the Act is replaced by the following: 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.
Tobacco and Vaping Products Act — T-11.5 44
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.
Tobacco and Vaping Products Act — T-11.5 59
59 Section 44.1 of the Act is replaced by the following: 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.
Tobacco and Vaping Products Act — T-11.5 44.1
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.
Trademarks Act — T-13 1
Short title 1 This Act may be cited as the Trademarks Act . R.S., 1985, c. T-13, s. 1 2014, c. 20, s. 318(E)
Trademarks Act — T-13 2
ney General of Canada; ( personne intéressée ) prescribed means prescribed by or under the regulations; ( prescrit ) proposed trade-mark [Repealed, 2014, c. 20, s. 319] protected geographical indication means a geographical indication that is on the list kept pursuant to subsection 11.12(1); ( indication géographique protégée ) register means the register kept under section 26; ( registre ) registered trademark means a trademark that is on the register; ( marque de commerce déposée ) registered user [Repealed, 1993, c. 15, s. 57] Registrar means the Registrar of Trademarks who is described in subsection 63(1); ( registraire ) related companies means companies that are members of a group of two or more companies one of which, directly or indirectly, owns or controls a majority of the issued voting stock of the others; ( compagnies connexes ) release has the same meaning as in subsection 2(1) of the Customs Act ; ( dédouanement ) representative for service [Repealed, 2014, c. 20, s. 319] sign includes a word, a personal name, a design, a letter, a numeral, a colour, a figurative element, a three-dimensional shape, a hologram, a moving image, a mode of packaging goods, a sound, a scent, a taste, a texture and the positioning of a sign; ( signe ) trademark means (a) a sign or combination of signs that is used or proposed to be used by a person for the purpose of distinguishing or so as to distinguish their goods or services from those of others, or (b) a certification mark; ( marque de commerce ) trade name means the name under which any business is carried on, whether or not it is the name of a corporation, a partnership or an individual; ( nom commercial ) use , in relation to a trademark, means any use that by section 4 is deemed to be a use in association with goods or services; ( emploi ou usage ) wares [Repealed, 2014, c. 32, s. 7] WTO Agreement has the meaning given to the word Agreement by subsection 2(1) of the World Trade Organization Agreement Implementation Act ; ( Accord sur l’OMC ) WTO Member means a Member of the World Trade Organization established by Article I of the WTO Agreement. ( membre de l’OMC ) R.S., 1985, c. T-13, s. 2; 1993, c. 15, s. 57; 1994, c. 47, s. 190; 2014, c. 20, ss. 319, 361(E), 362(E), 367, 369, c. 32, ss. 7, 53; 2017, c. 6, s. 60
Trademarks Act — T-13 (a)
certification mark means a sign or combination of signs that is used or proposed to be used for the purpose of distinguishing or so as to distinguish goods or services that are of a defined standard from those that are not of that defined standard, with respect to (a) the character or quality of the goods or services, (b) the working conditions under which the goods are produced or the services performed, (c) the class of persons by whom the goods are produced or the services performed, or (d) the area within which the goods are produced or the services performed; ( marque de certification )
Trademarks Act — T-13
confusing , when applied as an adjective to a trademark or trade name, means, except in sections 11.13 and 11.21, a trademark or trade name the use of which would cause confusion in the manner and circumstances described in section 6; ( créant de la confusion )
Trademarks Act — T-13
Convention means the Convention of the Union of Paris made on March 20, 1883 and any amendments and revisions thereof made before or after July 1, 1954 to which Canada is party; ( Convention )