GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
Tobacco and Vaping Products Act — T-11.5 21
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. 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. (3) [Repealed, 2018, c. 9, s. 28] 1997, c. 13, s. 21 2014, c. 20, s. 366(E) 2018, c. 9, s. 28
Tobacco and Vaping Products Act — T-11.5 22
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. Exception (2) Subject to the regulations, a person may advertise a tobacco product by means of information advertising or brand-preference advertising that is in (a) a publication that is addressed and sent to an adult who is identified by name; or (b) [Repealed, 2009, c. 27, s. 11] (c) signs in a place where young persons are not permitted by law. 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. Definitions (4) The definitions in this subsection apply in this section. brand-preference advertising means advertising that promotes a tobacco product by means of its brand characteristics. ( publicité préférentielle ) information advertising means advertising that provides factual information to the consumer about (a) a product and its characteristics; or (b) the availability or price of a product or brand of product. ( publicité informative ) lifestyle advertising [Repealed, 2018, c. 9, s. 29] 1997, c. 13, s. 22; 2009, c. 27, s. 11; 2018, c. 9, s. 29
Tobacco and Vaping Products Act — T-11.5
brand-preference advertising means advertising that promotes a tobacco product by means of its brand characteristics. ( publicité préférentielle )
Tobacco and Vaping Products Act — T-11.5 (a)
information advertising means advertising that provides factual information to the consumer about (a) a product and its characteristics; or (b) the availability or price of a product or brand of product. ( publicité informative )
Tobacco and Vaping Products Act — T-11.5
lifestyle advertising [Repealed, 2018, c. 9, s. 29]
Tobacco and Vaping Products Act — T-11.5 23
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. 1997, c. 13, s. 23; 2018, c. 9, s. 30
Tobacco and Vaping Products Act — T-11.5 23.1
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 — sale (2) No person shall sell a tobacco product set out in column 2 of Schedule 1 that is packaged in a manner prohibited by subsection (1). 2009, c. 27, s. 12; 2018, c. 9, ss. 31, 70
Tobacco and Vaping Products Act — T-11.5 23.2
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. 2018, c. 9, s. 32
Tobacco and Vaping Products Act — T-11.5 23.3
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. 2018, c. 9, s. 32
Tobacco and Vaping Products Act — T-11.5 24
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. 1997, c. 13, s. 24; 1998, c. 38, s. 1; 2018, c. 9, s. 33
Tobacco and Vaping Products Act — T-11.5 25
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. 1997, c. 13, s. 25; 1998, c. 38, s. 2; 2018, c. 9, s. 33
Tobacco and Vaping Products Act — T-11.5 26
Accessories 26 (1) Subject to the regulations, a manufacturer or retailer may sell an accessory that displays a tobacco product-related brand element. Promotion (2) No person shall promote an accessory that displays a tobacco product-related brand element except in the prescribed manner and form and in a publication or place described in paragraphs 22(2)(a) and (c). 1997, c. 13, s. 26; 2009, c. 27, s. 13
Tobacco and Vaping Products Act — T-11.5 27
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. 1997, c. 13, s. 27; 2018, c. 9, s. 34
Tobacco and Vaping Products Act — T-11.5 28
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). 1997, c. 13, s. 28; 2018, c. 9, s. 34
Tobacco and Vaping Products Act — T-11.5 29
Sales promotions 29 No manufacturer or retailer shall (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. 1997, c. 13, s. 29; 2018, c. 9, s. 35
Tobacco and Vaping Products Act — T-11.5 30
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. 1997, c. 13, s. 30; 2018, c. 9, s. 36
Tobacco and Vaping Products Act — T-11.5 30.1
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. 2018, c. 9, s. 36
Tobacco and Vaping Products Act — T-11.5 30.2
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. 2018, c. 9, s. 36
Tobacco and Vaping Products Act — T-11.5 30.21
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. 2018, c. 9, s. 37
Tobacco and Vaping Products Act — T-11.5 30.3
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. 2018, c. 9, s. 36
Tobacco and Vaping Products Act — T-11.5 30.4
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. 2018, c. 9, s. 36
Tobacco and Vaping Products Act — T-11.5 30.41
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. 2018, c. 9, s. 38
Tobacco and Vaping Products Act — T-11.5 30.42
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. 2018, c. 9, s. 38
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 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. 2018, c. 9, s. 38
Tobacco and Vaping Products Act — T-11.5 30.44
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. 2018, c. 9, s. 38
Tobacco and Vaping Products Act — T-11.5 30.45
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. 2018, c. 9, s. 38
Tobacco and Vaping Products Act — T-11.5 30.46
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. 2018, c. 9, s. 38
Tobacco and Vaping Products Act — T-11.5 30.47
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. 2018, c. 9, s. 38
Tobacco and Vaping Products Act — T-11.5 30.48
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. 2018, c. 9, s. 38
Tobacco and Vaping Products Act — T-11.5 30.49
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. 2018, c. 9, s. 38
Tobacco and Vaping Products Act — T-11.5 30.5
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. 2018, c. 9, s. 36
Tobacco and Vaping Products Act — T-11.5 30.6
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. 2018, c. 9, s. 36
Tobacco and Vaping Products Act — T-11.5 30.7
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. 2018, c. 9, s. 36
Tobacco and Vaping Products Act — T-11.5 30.701
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. 2018, c. 9, s. 36
Tobacco and Vaping Products Act — T-11.5 30.71
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. 2018, c. 9, s. 40
Tobacco and Vaping Products Act — T-11.5 30.8
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. 2018, c. 9, s. 36
Tobacco and Vaping Products Act — T-11.5 31
Communication media 31 (1) No person shall, on behalf of another person, with or without consideration, publish, broadcast or otherwise disseminate any promotion that is prohibited by this Part. Exception (2) Subsection (1) does not apply to the distribution for sale of an imported publication or the retransmission of radio or television broadcasts that originate outside Canada. 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. 1997, c. 13, s. 31; 2018, c. 9, s. 41
Tobacco and Vaping Products Act — T-11.5 32
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. 1997, c. 13, s. 32; 2018, c. 9, s. 42
Tobacco and Vaping Products Act — T-11.5 33
Regulations 33 The Governor in Council may make regulations (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; (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; (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. 1997, c. 13, s. 33; 1998, c. 38, s. 3; 2018, c. 9, s. 44
Tobacco and Vaping Products Act — T-11.5 34
Designation of inspectors and analysts 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. Certificate (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. Certificate to be produced (3) An inspector entering a place under this Act shall, on request, produce the certificate to the person in charge of that place. 1997, c. 13, s. 34; 2018, c. 9, s. 45