GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
Tobacco and Vaping Products Act — T-11.5 36
Warrant to enter dwelling-house 36 (1) If the place is a dwelling-house, an inspector may enter it without the occupant’s consent only under the authority of a warrant issued under subsection (2). Authority to issue warrant (2) On ex parte application, a justice of the peace may issue a warrant authorizing the inspector named in the warrant to enter a dwelling-house, subject to any conditions specified in the warrant, if the justice is satisfied by information on oath that (a) the dwelling-house is a place referred to in subsection 35(1); (b) entry to the dwelling-house is necessary for a purpose referred to in that subsection; and (c) entry to the dwelling-house was refused by the occupant or there are reasonable grounds to believe that entry will be refused by, or that consent to entry cannot be obtained from, the occupant. Use of force (3) In executing a warrant issued under subsection (2), an inspector may use force only if the use of force has been specifically authorized in the warrant and they are accompanied by a peace officer. Means of telecommunication (4) An application for a warrant under subsection (2) may be submitted, and the warrant may be issued, by a means of telecommunication and section 487.1 of the Criminal Code applies for those purposes with any necessary modifications. 1997, c. 13, s. 36; 2018, c. 9, s. 45 2022, c. 17, s. 67
Tobacco and Vaping Products Act — T-11.5 37
Certificate of analysis 37 An analyst who has analysed or examined a thing under this Act, or a sample of it, may issue a certificate or report setting out the results of the analysis or examination.
Tobacco and Vaping Products Act — T-11.5 38
Assistance to inspectors 38 (1) The owner or person in charge of a place referred to in subsection 35(1) and every person found in that place shall give all assistance that is reasonably required to enable the inspector to exercise their powers or perform their duties or functions under this Act, including by providing them with any documents or information, and access to any data, that they may reasonably require for that purpose and by complying with any order made by the inspector under subsection 35(2) or paragraph 39(2)(b). Obstruction (2) No person shall obstruct or hinder, or make a false or misleading statement either orally or in writing to, an inspector who is exercising their powers or performing their duties or functions under this Act. 1997, c. 13, s. 38; 2018, c. 9, s. 46
Tobacco and Vaping Products Act — T-11.5 39
Seizure 39 (1) An inspector may seize any thing — including a tobacco product or vaping product — found in a place referred to in subsection 35(1), or a conveyance referred to in that subsection, that they have reasonable grounds to believe was used in the contravention of this Act or is something in relation to which the Act was contravened. Storage (2) An inspector who seizes a thing or a conveyance may (a) on notice to and at the expense of its owner or the person having possession, care or control of it at the time of its seizure, store it or move it; or (b) order its owner or the person having possession, care or control of it at the time of its seizure to, at their expense, store it or move it. Interference (3) Unless authorized by an inspector, no person shall remove, alter or interfere in any way with any thing or conveyance seized. 1997, c. 13, s. 39; 2018, c. 9, s. 47
Tobacco and Vaping Products Act — T-11.5 40
Application for restoration 40 (1) Any person from whom a thing or conveyance was seized may, within 60 days after the date of seizure, apply to a provincial court judge within whose jurisdiction the seizure was made for an order of restoration, if the person sends a notice containing the prescribed information to the Minister within the prescribed time and in the prescribed manner. Order of restoration (2) The provincial court judge may order that the thing or conveyance be restored immediately to the applicant if, on hearing the application, the judge is satisfied (a) that the applicant is entitled to possession of the thing or conveyance seized; and (b) that the thing or conveyance seized is not and will not be required as evidence in any proceedings in respect of an offence under this Act. Order of later restoration (3) If, on hearing an application made under subsection (1), the provincial court judge is satisfied that the applicant is entitled to possession of the thing or conveyance seized but is not satisfied with respect to the matters mentioned in paragraph (2)(b), the judge may order that the thing or conveyance seized be restored to the applicant (a) on the expiration of one hundred and eighty days after the date of the seizure if no proceedings in respect of an offence under this Act have been commenced before that time; or (b) on the final conclusion of any such proceedings, in any other case. No restoration where forfeiture by consent (4) The provincial court judge shall not make an order under this section for restoration of a thing or conveyance if it has been forfeited by consent under subsection 41(3). 1997, c. 13, s. 40; 2018, c. 9, s. 48
Tobacco and Vaping Products Act — T-11.5 41
Forfeiture 41 (1) If no application has been made under subsection 40(1) for the restoration of a thing or conveyance seized under this Act within 60 days after the date of the seizure, or an application has been made but on the hearing of the application no order of restoration is made, the thing or conveyance is forfeited to Her Majesty in right of Canada. Forfeiture on conviction (2) If a person has been convicted of an offence under this Act, any thing or conveyance seized under this Act by means of or in respect of which the offence was committed is forfeited to Her Majesty in right of Canada. Forfeiture with consent (3) If an inspector has seized a thing or conveyance and the owner or the person in whose possession it was at the time of seizure consents in writing to its forfeiture, the thing or conveyance is forfeited to Her Majesty in right of Canada. Disposal (4) A seized thing or conveyance that is forfeited may be disposed of, as the Minister directs, at the expense of its owner or the person who was entitled to possess it at the time of its seizure. 1997, c. 13, s. 41; 2018, c. 9, s. 49
Tobacco and Vaping Products Act — T-11.5 41.1
Recovery of costs 41.1 (1) Her Majesty in right of Canada may recover, as a debt due to Her Majesty in right of Canada, any costs incurred by Her Majesty in right of Canada in relation to anything required or authorized under section 39 or subsection 41(4), including the storage, movement or disposal of a thing or conveyance. Time limit (2) Proceedings to recover a debt due to Her Majesty in right of Canada under subsection (1) shall not be commenced later than five years after the day on which the debt became payable. 2018, c. 9, s. 49
Tobacco and Vaping Products Act — T-11.5 41.2
Certificate of default 41.2 (1) Any debt that may be recovered under subsection 41.1(1) in respect of which there is a default of payment, or the part of any such debt that has not been paid, may be certified by the Minister. Judgment (2) On production to the Federal Court, a certificate made under subsection (1) shall be registered in that Court and, when registered, has the same force and effect, and all proceedings may be taken on the certificate, as if it were a judgment obtained in that Court for a debt of the amount specified in the certificate and all reasonable costs and charges attendant in the registration of the certificate. 2018, c. 9, s. 49
Tobacco and Vaping Products Act — T-11.5 42
Regulations 42 The Governor in Council may make regulations (a) respecting the powers and duties of inspectors and analysts; (b) respecting the taking of samples; (b.1) respecting the costs in relation to anything required or authorized under section 39 or subsection 41(4); (c) prescribing anything that by this Part is to be prescribed; and (d) generally for carrying out the purposes of this Part. 1997, c. 13, s. 42; 2018, c. 9, s. 50
Tobacco and Vaping Products Act — T-11.5 42.1
Regulations by Minister 42.1 (1) The Minister may make regulations respecting fees or charges to be paid by manufacturers for the purpose of recovering the costs incurred by His Majesty in right of Canada in relation to the carrying out of the purpose of this Act, including regulations (a) fixing the fees or charges or providing for the manner of calculating them; (b) requiring manufacturers to submit to the Minister information for the calculation of the fees or charges and prescribing the information that manufacturers must submit as well as the form and manner in which and the time within which the information must be submitted; (c) respecting the payment of the fees or charges, including the time and manner of payment; (d) respecting, for the purposes of section 42.13 , the information that the Minister must make available to the public, including (i) the name of each manufacturer who is required to pay the fees or charges, (ii) information relating to whether each manufacturer has paid the fees or charges, (iii) information relating to whether each manufacturer has submitted the information required under this Part, and (iv) information relating to the measures taken in respect of each manufacturer who has failed to pay the fees or charges or submit the information required under this Part; and (e) prescribing anything that by this Part is to be prescribed. Consultation (2) Before making regulations, the Minister must consult with any persons or entities that the Minister considers to be interested in the matter. 1997, c. 13, s. 42.1; 2015, c. 3, s. 154(F); 2018, c. 9, s. 52 2024, c. 15, s. 217
Tobacco and Vaping Products Act — T-11.5 42.11
Remission 42.11 (1) The Minister may, by order, remit all or part of any fee or charge provided for under this Part or the interest on it. Remission may be conditional (2) A remission may be conditional. Conditional remission (3) If a remission is conditional and the condition is not fulfilled, then the remission is cancelled and is deemed never to have been granted. 2024, c. 15, s. 217
Tobacco and Vaping Products Act — T-11.5 42.12
Documents to be kept 42.12 (1) Every manufacturer must keep, in the prescribed manner and for the prescribed time, all documents that they used in order to submit the information required under this Part to the Minister. Keeping and providing documents (2) The manufacturer must keep the documents at their place of business in Canada or at any prescribed place and must, on written request, provide them to the Minister. 2024, c. 15, s. 217
Tobacco and Vaping Products Act — T-11.5 42.13
Public disclosure by Minister 42.13 The Minister must make available to the public, within the prescribed time, the information relating to the fees and charges provided for under this Part that is required by the regulations. 2024, c. 15, s. 217
Tobacco and Vaping Products Act — T-11.5 42.14
Debt to His Majesty 42.14 (1) Any fees or charges payable under this Part constitute a debt due to His Majesty in right of Canada that may be recovered in a court of competent jurisdiction. Limitation period or prescription (2) No proceedings to recover a debt due to His Majesty in right of Canada under subsection (1) may be commenced later than five years after the day on which the debt became payable. 2024, c. 15, s. 217
Tobacco and Vaping Products Act — T-11.5 42.15
Certificate of default 42.15 (1) Any debt that may be recovered under subsection 42.14 (1) in respect of which there is a default of payment, or the part of any such debt that has not been paid, may be certified by the Minister. Judgment (2) On production to the Federal Court, a certificate made under subsection (1) must be registered in that Court and, when registered, has the same force and effect, and all proceedings may be taken on the certificate, as if it were a judgment obtained in that Court for a debt of the amount specified in the certificate and all reasonable costs and charges attendant in the registration of the certificate. 2024, c. 15, s. 217
Tobacco and Vaping Products Act — T-11.5 42.16
Prohibition on sale 42.16 (1) The Minister may, by order, prohibit the sale of a tobacco product or vaping product by a manufacturer who fails to pay the fees or charges payable under this Part or submit the information required under this Part. Statutory Instruments Act (2) An order made under subsection (1) is not a statutory instrument within the meaning of the Statutory Instruments Act . 2024, c. 15, s. 217
Tobacco and Vaping Products Act — T-11.5 42.2
Food and Drugs Act 42.2 (1) The Governor in Council may make regulations providing that this Act or any provision of this Act does not apply in respect of some or all of the vaping products that are regulated under the Food and Drugs Act or that contain a controlled substance , as defined in subsection 2(1) of the Controlled Drugs and Substances Act . For greater certainty (2) For greater certainty, the regulations may distinguish between vaping products on the basis of type of authorization, including type of licence, issued under the Food and Drugs Act , or on the basis of type of licence, permit, authorization or exemption issued or granted under the Controlled Drugs and Substances Act . 2018, c. 9, s. 53
Tobacco and Vaping Products Act — T-11.5 42.3
Trademarks 42.3 (1) Despite the Trademarks Act , the registration of a trademark shall not be held invalid on the basis of paragraph 18(1)(b) or (c) of that Act as a result of compliance with this Act. For greater certainty (2) For greater certainty, the absence of use of a trademark as a result of compliance with this Act constitutes special circumstances that excuse the absence of use for the purposes of the Trademarks Act . 2018, c. 9, s. 53 2014, c. 20, s. 366(E)
Tobacco and Vaping Products Act — T-11.5 42.4
Regulations 42.4 The Governor in Council may make regulations (a) prescribing anything that by this Part is to be prescribed; and (b) generally for carrying out the purposes of this Part. 2018, c. 9, s. 53
Tobacco and Vaping Products Act — T-11.5 42.5
Incorporation by reference — limitation removed 42.5 The limitation set out in paragraph 18.1(2)(a) of the Statutory Instruments Act to the effect that a document must be incorporated as it exists on a particular date does not apply to the powers to make regulations under sections 7, 7.8, 14, 17, 33, 42, 42.1 and 42.4. 2018, c. 9, s. 53 2024, c. 17, s. 335
Tobacco and Vaping Products Act — T-11.5 42.6
Customs information 42.6 The Minister of Public Safety and Emergency Preparedness must, on request of the Minister, provide customs information , as defined in subsection 107(1) of the Customs Act , to the Minister for the purpose of the administration and enforcement of this Act. 2024, c. 17, s. 334
Tobacco and Vaping Products Act — T-11.5 42.7
Disclosure of information 42.7 The Minister may disclose any information that is obtained under this Act to any federal minister if the disclosure is for a purpose related to verifying compliance with any Act of Parliament, other than this Act, that applies directly or indirectly to a tobacco product or vaping product or any activity in relation to a tobacco product or vaping product. 2024, c. 17, s. 334
Tobacco and Vaping Products Act — T-11.5 43
Product and promotion offences — manufacturer 43 (1) Every manufacturer who contravenes section 5, 7.2 or 19 is guilty of an offence and liable (a) on summary conviction to a fine not exceeding $500,000 or to imprisonment for a term not exceeding one year, or to both; or (b) on conviction on indictment to a fine not exceeding $1,000,000 or to imprisonment for a term not exceeding two years, or to both. Promotion offences — other persons (2) Every person, other than a manufacturer, who contravenes section 19 is guilty of an offence and liable on summary conviction to a fine not exceeding $500,000. 1997, c. 13, s. 43; 2018, c. 9, s. 55
Tobacco and Vaping Products Act — T-11.5 43.1
Additives, ingredients and markings — manufacturer 43.1 Every manufacturer who contravenes subsection 5.1(1), section 5.2, subsection 5.3(1) or section 7.21 or 7.22 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. 2009, c. 27, s. 14; 2018, c. 9, ss. 55 to 57
Tobacco and Vaping Products Act — T-11.5 43.2
Markings — other persons 43.2 Every person, other than a manufacturer, who contravenes subsection 5.3(1) is guilty of an offence and liable on summary conviction to a fine not exceeding $50,000. 2009, c. 27, s. 14; 2018, c. 9, ss. 55, 57
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) or 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. 1997, c. 13, s. 44; 2009, c. 27, s. 15; 2018, c. 9, s. 55
Tobacco and Vaping Products Act — T-11.5 44.1
Prohibited sale 44.1 Every manufacturer who contravenes section 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. 2018, c. 9, s. 55
Tobacco and Vaping Products Act — T-11.5 45
Sales to young persons, promotions 45 Every person who contravenes subsection 8(1) or 9(1) or section 11 or 12, or every retailer who contravenes section 29 or 30.5 or subsection 30.6(1) or (2), is guilty of an offence and liable on summary conviction (a) for a first offence, to a fine not exceeding $3,000; and (b) for a subsequent offence, to a fine not exceeding $50,000. 1997, c. 13, s. 45; 2018, c. 9, s. 60
Tobacco and Vaping Products Act — T-11.5 46
Offence by retailer 46 (1) Every retailer who contravenes subsection 15(1) or (2), 15.1(1) or (4) or 15.3(1) or (2) is guilty of an offence and liable on summary conviction to a fine not exceeding $50,000. Offence by manufacturer (2) Every manufacturer who contravenes subsection 15(1), (1.1) or (2), 15.1(1) or (4) or 15.3(1) or (2), section 29 or 30.5 or subsection 30.6(1) or (2) is guilty of an offence and liable on summary conviction to a fine not exceeding $500,000 or to imprisonment for a term not exceeding two years, or to both. Offence (3) Every person who contravenes subsection 15.1(2) or (3) is guilty of an offence and liable on summary conviction to a fine not exceeding $500,000 or to imprisonment for a term not exceeding two years, or to both. 1997, c. 13, s. 46; 2018, c. 9, ss. 61, 62
Tobacco and Vaping Products Act — T-11.5 46.1
Offences related to fees and charges 46.1 Every manufacturer who contravenes subsection 42.12 (1) or (2) or an order made under subsection 42.16 (1) is guilty of an offence and liable on summary conviction to a fine not exceeding $50,000. 2024, c. 15, s. 218
Tobacco and Vaping Products Act — T-11.5 47
General offence 47 Every person who contravenes subsection 9.1(1) or (2) or 20(1), section 20.1, subsection 21(1), 22(1), 23(1) or (2), 23.1(1) or (2) or 23.2(1) or (2), section 23.3, subsection 24(1) or (2), section 25, 27, 30.1 or 30.2, subsection 30.21(1) or 30.3(1) or (2), section 30.4 or 30.41, subsection 30.42(1) or 30.43(1) or (2), section 30.44, subsection 30.45(1) or (2), 30.46(1) or (2), 30.47(1) or (2) or 30.48(1) or (2) or section 30.701 or 30.71 is guilty of an offence and liable on summary conviction to a fine not exceeding $500,000 or to imprisonment for a term not exceeding two years, or to both. 1997, c. 13, s. 47; 2018, c. 9, ss. 61, 63
Tobacco and Vaping Products Act — T-11.5 48
Where no other penalty 48 Every person who contravenes a provision of this Act or the regulations for which no other penalty is provided in this Act is guilty of an offence and liable on summary conviction to a fine not exceeding $25,000.
Tobacco and Vaping Products Act — T-11.5 48.1
Due diligence defence 48.1 A person is not to be found guilty of an offence under this Act if they establish that they exercised due diligence to prevent the commission of the offence. 2018, c. 9, s. 64
Tobacco and Vaping Products Act — T-11.5 49
Continuing offence 49 A person who commits or continues an offence under this Act on more than one day is liable to be convicted for a separate offence for each day on which the offence is committed or continued.
Tobacco and Vaping Products Act — T-11.5 50
Offence by director or officer of corporation 50 Where a corporation commits an offence under this Act, any director or officer of the corporation who authorized or acquiesced in the offence is guilty of an offence and liable on conviction to the penalty provided for by this Act in respect of the offence committed by the corporation, whether or not the corporation has been prosecuted.
Tobacco and Vaping Products Act — T-11.5 51
Limitation period 51 No prosecution for a summary conviction offence under this Act may be instituted after two years after the time when the subject-matter of the proceedings arose.
Tobacco and Vaping Products Act — T-11.5 52
Venue 52 A prosecution for an offence under this Act may be instituted, heard, tried and determined by a court in any jurisdiction in which the accused carries on business, regardless of where the subject-matter of the prosecution arose.
Tobacco and Vaping Products Act — T-11.5 53
Exception need not be pleaded 53 (1) No exception, exemption, excuse or qualification prescribed by law is required to be set out or negatived, as the case may be, in an information or indictment for an offence under this Act or under section 463, 464 or 465 of the Criminal Code in respect of an offence under this Act. Proof of exemption (2) In a prosecution for an offence referred to in subsection (1), the burden of proving that an exception, exemption, excuse or qualification prescribed by law operates in favour of the accused is on the accused and the prosecutor is not required, except by way of rebuttal, to prove that it does not operate in favour of the accused, whether or not it is set out in the information or indictment.
Tobacco and Vaping Products Act — T-11.5 54
Offence by employee or agent 54 In a prosecution for an offence under this Act, it is sufficient proof of the offence to establish that it was committed by an employee or agent of the accused, whether or not the employee or agent is identified or has been prosecuted for the offence, unless the accused establishes that the offence was committed without the knowledge or consent of the accused and that the accused exercised all due diligence to prevent its commission.
Tobacco and Vaping Products Act — T-11.5 55
Certified copies and extracts 55 In a prosecution for an offence under this Act, a copy of any written or electronic information obtained during an inspection under this Act and certified by the inspector to be a true copy is admissible in evidence and is, in the absence of evidence to the contrary, proof of its contents.
Tobacco and Vaping Products Act — T-11.5 56
Certificate or report of analyst as proof 56 (1) Subject to subsections (2) and (3), a certificate or report purporting to be signed by an analyst stating that the analyst has analysed anything to which this Act applies and stating the results of the analysis, is admissible in evidence in any prosecution for an offence under this Act without proof of the signature or official character of the person appearing to have signed the certificate or report. Notice (2) The certificate or report may not be received in evidence unless the party intending to produce it has, before the trial, given the party against whom it is intended to be produced reasonable notice of that intention together with a copy of the certificate or report. Attendance of analyst (3) The party against whom the certificate or report is produced may, with leave of the court, require the attendance of the analyst for the purpose of cross-examination.