GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
Tobacco and Vaping Products Act — T-11.5 6.1
Public disclosure by manufacturer 6.1 Every manufacturer shall make available to the public, in the prescribed form and manner and within the prescribed time, information that is required by the regulations about tobacco products and their emissions. 2018, c. 9, s. 9
Tobacco and Vaping Products Act — T-11.5 6.2
Public disclosure by Minister 6.2 The Minister shall make available to the public, in the prescribed manner and within the prescribed time, information that is required by the regulations about tobacco products, their emissions and any research and development related to tobacco products and their emissions. 2018, c. 9, s. 9
Tobacco and Vaping Products Act — T-11.5 6.3
Non-application 6.3 Sections 6.1 and 6.2 do not apply in respect of tobacco products that have never been for sale in Canada. 2018, c. 9, s. 9
Tobacco and Vaping Products Act — T-11.5 7
Regulations 7 The Governor in Council may make regulations (a) establishing standards respecting the characteristics of tobacco products and their emissions, including the sensory attributes — such as appearance and shape — of the products and their emissions, the dimensions, weight, components and performance of the products, and the amounts and concentrations of substances that may be contained in the products or their emissions; (b) respecting test methods, including methods to assess conformity with the standards; (b.1) respecting markings that may be displayed on tobacco products; (c) prescribing information that manufacturers must submit to the Minister about tobacco products and their emissions, including sales data and information on market research, product composition, ingredients, materials, health effects, hazardous properties and brand elements; (c.1) prescribing information that manufacturers must submit to the Minister about research and development related to tobacco products and their emissions, including information on market research, product composition, ingredients, materials, health effects, hazardous properties and brand elements; (c.2) respecting requests for supplementary information under subsection 6(2); (c.3) [Repealed, 2018, c. 9, s. 11] (d) prescribing the means, including electronic means, by which the information referred to in paragraphs (c) to (c.2) may be submitted to the Minister; (d.01) prescribing, for the purposes of section 6.1, information that manufacturers must make available to the public, including information referred to in paragraph (c); (d.02) prescribing, for the purposes of section 6.2, information that the Minister must make available to the public, including information referred to in paragraphs (c) and (c.1); (d.1) prescribing anything that by this Part is to be prescribed; and (e) generally for carrying out the purposes of this Part. 1997, c. 13, s. 7; 2009, c. 27, s. 8; 2018, c. 9, s. 11
Tobacco and Vaping Products Act — T-11.5 7.1
Amendment of schedule 7.1 (1) The Governor in Council may, by order, amend Schedule 1 by adding, amending or deleting (a) the name or description of an additive or tobacco product; or (b) a reference to all tobacco products, with or without exceptions. Description (2) An additive or tobacco 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. 2009, c. 27, s. 9; 2018, c. 9, s. 70
Tobacco and Vaping Products Act — T-11.5 7.2
Product standards 7.2 No manufacturer shall manufacture or sell a vaping product that does not conform with the standards established by the regulations. 2018, c. 9, s. 12
Tobacco and Vaping Products Act — T-11.5 7.21
Prohibition — manufacture 7.21 No manufacturer shall use an ingredient set out in column 1 of Schedule 2 in the manufacture of a vaping product set out in column 2. 2018, c. 9, s. 13
Tobacco and Vaping Products Act — T-11.5 7.22
Prohibition — sale 7.22 No manufacturer shall sell a vaping product set out in column 2 of Schedule 2 that contains an ingredient set out in column 1. 2018, c. 9, s. 13
Tobacco and Vaping Products Act — T-11.5 7.23
Amendment of Schedule 2 7.23 (1) The Governor in Council may, by order, amend Schedule 2 by adding, amending or deleting (a) the name or description of an ingredient or vaping product; or (b) a reference to all vaping products, with or without exceptions. Description (2) An ingredient 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 2 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 2, 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 2 is to come into force. 2018, c. 9, s. 13
Tobacco and Vaping Products Act — T-11.5 7.3
Information required from manufacturer 7.3 (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 vaping products, their emissions and any research and development related to vaping products and their emissions, whether the vaping products are for sale or not. 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. 2018, c. 9, s. 12
Tobacco and Vaping Products Act — T-11.5 7.4
Prohibition 7.4 Subject to the regulations, no manufacturer shall sell a vaping product unless the information required under subsection 7.3(1) with respect to that product is submitted to the Minister. 2018, c. 9, s. 12
Tobacco and Vaping Products Act — T-11.5 7.5
Public disclosure by manufacturer 7.5 Every manufacturer shall make available to the public, in the prescribed form and manner and within the prescribed time, information that is required by the regulations about vaping products and their emissions. 2018, c. 9, s. 12
Tobacco and Vaping Products Act — T-11.5 7.6
Public disclosure by Minister 7.6 The Minister shall make available to the public, in the prescribed manner and within the prescribed time, information that is required by the regulations about vaping products, their emissions and any research and development related to vaping products and their emissions. 2018, c. 9, s. 12
Tobacco and Vaping Products Act — T-11.5 7.7
Non-application 7.7 Sections 7.5 and 7.6 do not apply in respect of vaping products that have never been for sale in Canada. 2018, c. 9, s. 12
Tobacco and Vaping Products Act — T-11.5 7.8
Regulations 7.8 The Governor in Council may make regulations (a) establishing standards respecting the characteristics of vaping products and their emissions, including the functions and the performance of the products, the sensory attributes — such as appearance and shape — of the products and their emissions, and the amounts and concentrations of substances that may be contained in the products or their emissions; (b) respecting test methods, including methods to assess conformity with the standards; (c) prescribing information that manufacturers must submit to the Minister about vaping products and their emissions, including sales data and information on market research, product composition, ingredients, materials, health effects, hazardous properties and brand elements; (d) prescribing information that manufacturers must submit to the Minister about research and development related to vaping products and their emissions, including information on market research, product composition, ingredients, materials, health effects, hazardous properties and brand elements; (e) respecting requests for supplementary information under subsection 7.3(2); (f) respecting the prohibition under section 7.4, including providing for the suspension of the sale of a vaping product; (g) prescribing the means, including electronic means, by which the information referred to in paragraphs (c) to (e) may be submitted to the Minister; (h) prescribing, for the purposes of section 7.5, information that manufacturers must make available to the public, including information referred to in paragraph (c); (i) prescribing, for the purposes of section 7.6, information that the Minister must make available to the public, including information referred to in paragraphs (c) and (d); (j) prescribing anything that by this Part is to be prescribed; and (k) generally for carrying out the purposes of this Part. 2018, c. 9, s. 12
Tobacco and Vaping Products Act — T-11.5 8
Furnishing products to young persons 8 (1) No person shall furnish a tobacco product or vaping product to a young person in a public place or in a place to which the public has access. Defence (2) A person shall not be found to have contravened subsection (1) if it is established that the person attempted to verify that the person was at least eighteen years of age by asking for and being shown documentation prescribed for the purposes of verifying age, and believed on reasonable grounds that the documentation was authentic. 1997, c. 13, s. 8; 2018, c. 9, s. 14
Tobacco and Vaping Products Act — T-11.5 9
Sending and delivering to young persons 9 (1) No person shall send or deliver a tobacco product or vaping product to a young person. Defence — sender (2) A person shall not be found guilty of having contravened subsection (1) for having sent a tobacco product or vaping product to a young person if it is established that the person (a) informed the person delivering the product of its nature and of the prohibition on its delivery to a young person; and (b) instructed the person delivering the product to verify that the person taking delivery of it was at least 18 years of age by asking for and examining a piece of identification issued by a federal or provincial authority or a foreign government and containing that person’s name, photograph, date of birth and signature. 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 (a) verified that the person taking delivery of the product was at least 18 years of age by asking for and examining a piece of identification issued by a federal or provincial authority or a foreign government and containing that person’s name, photograph, date of birth and signature; and (b) believed on reasonable grounds that the piece of identification was authentic. 1997, c. 13, s. 9; 2018, c. 9, s. 15
Tobacco and Vaping Products Act — T-11.5 9.1
Tobacco products — interprovincial sending and delivering 9.1 (1) No person shall, for consideration, send or deliver a tobacco product from one province to another unless the sending or delivery is between manufacturers or retailers or is exempted from the application of this section by the regulations. Advertising an offer (2) No person shall advertise an offer to send or deliver a tobacco product from one province to another. 2018, c. 9, s. 15
Tobacco and Vaping Products Act — T-11.5 10
Minimum number of products in package 10 (1) No person shall import for sale in Canada, package, distribute or sell cigarettes, little cigars or blunt wraps except in a package that contains at least 20 cigarettes, little cigars or blunt wraps or, if a higher number is prescribed, at least the prescribed number. Other tobacco products (2) No person shall import for sale in Canada, package, distribute or sell a tobacco product — other than cigarettes, little cigars or blunt wraps — that is prescribed for the purposes of this subsection, except in a package that contains at least the prescribed portions, number or quantity of the tobacco product. Vaping products (3) No person shall import for sale in Canada, package, distribute or sell a vaping product that is prescribed for the purposes of this subsection, except in a package that contains a number or quantity of the vaping product that meets the prescribed requirements. 1997, c. 13, s. 10; 2009, c. 27, s. 10; 2018, c. 9, s. 16
Tobacco and Vaping Products Act — T-11.5 11
Self-service display 11 No person, unless exempted by the regulations, shall sell a tobacco product by means of a display that permits a person to handle the tobacco product before paying for it.
Tobacco and Vaping Products Act — T-11.5 12
Dispensing device 12 No person shall furnish or permit the furnishing of a tobacco product by means of a device that dispenses tobacco products except where the device is in (a) a place to which the public does not reasonably have access; or (b) a bar, tavern or beverage room and has a prescribed security mechanism.
Tobacco and Vaping Products Act — T-11.5 13
Prescription vaping products 13 (1) Subsections 8(1), 9(1) and 10(3) do not apply in respect of (a) a prescription vaping product; or (b) a device , within the meaning of section 2 of the Food and Drugs Act, that is the subject of an authorization issued under that Act authorizing its sale for use with a prescription vaping product. Definition of prescription (2) In this section, prescription , in respect of a vaping product, means (a) that the product (i) contains a drug that is set out in the prescription drug list, as amended from time to time, established under subsection 29.1(1) of the Food and Drugs Act , or a drug that is part of a class of drugs that is set out in that list, and (ii) is the subject of an authorization issued under that Act authorizing its sale; or (b) that the product contains a controlled substance , as defined in subsection 2(1) of the Controlled Drugs and Substances Act , the sale or provision of which is authorized under that Act. 1997, c. 13, s. 13; 2018, c. 9, s. 18
Tobacco and Vaping Products Act — T-11.5 14
Regulations 14 The Governor in Council may make regulations (a) prescribing the documentation that may be used to verify the age of a person for the purposes of subsection 8(2); (a.1) respecting exemptions to the prohibition under subsection 9.1(1); (b) prescribing tobacco products for the purposes of subsection 10(2) and prescribing vaping products for the purposes of subsection 10(3); (c) respecting, for the purposes of subsection 10(3), the number or quantity of a vaping product that a package must contain, including minimum and maximum numbers or quantities; (d) exempting persons from the application of section 11; (e) respecting exemptions from the application of section 12; (f) prescribing anything that by this Part is to be prescribed; and (g) generally for carrying out the purposes of this Part. 1997, c. 13, s. 14; 2018, c. 9, s. 19
Tobacco and Vaping Products Act — T-11.5 15
Information — sale of tobacco products 15 (1) No manufacturer or retailer shall sell a tobacco product unless the product and the package containing it display, 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. Information — packaging of tobacco products (1.1) No manufacturer shall package a tobacco product unless the product and the package containing it display, 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. Information — leaflet (2) If required by the regulations, every manufacturer or retailer shall provide with a tobacco product, in the prescribed form and manner, a leaflet that displays 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. (3) [Repealed, 2018, c. 9, s. 20] 1997, c. 13, s. 15; 2018, c. 9, s. 20
Tobacco and Vaping Products Act — T-11.5 15.1
Information — sale of vaping products 15.1 (1) No manufacturer or retailer shall sell a vaping product unless the product and the package containing it display, 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. Information — manufacture of vaping products (2) No person shall manufacture a vaping product unless the product displays, 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. Information — packaging of vaping products (3) No person shall package a vaping product unless the package containing it displays, 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. Information — leaflet or tag (4) If required by the regulations, every manufacturer or retailer shall provide with a vaping product, in the prescribed form and manner, a leaflet or tag that displays 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. 21
Tobacco and Vaping Products Act — T-11.5 15.2
Attribution 15.2 The information referred to in sections 15 and 15.1 may be attributed to a person or body designated by the regulations if the attribution is made in the prescribed form and manner. 2018, c. 9, s. 21
Tobacco and Vaping Products Act — T-11.5 15.3
Display of information — tobacco product package 15.3 (1) No manufacturer or retailer shall sell a tobacco product if the package displays information in a manner that is contrary to the regulations. Provision of information — other (2) No manufacturer or retailer shall provide, in a manner that is contrary to the regulations, written information with a tobacco product. 2018, c. 9, s. 21
Tobacco and Vaping Products Act — T-11.5 16
For greater certainty 16 For greater certainty, this Part does not affect any obligation of a manufacturer or retailer at law or under an Act of Parliament or of the legislature of a province to warn consumers of the health hazards and health effects arising from the use of tobacco products or vaping products and from their emissions. 1997, c. 13, s. 16; 2018, c. 9, s. 21
Tobacco and Vaping Products Act — T-11.5 17
Regulations 17 The Governor in Council may make regulations (a) respecting the information that must appear on tobacco products and tobacco product packages and in leaflets about tobacco products and their emissions and about the health hazards and health effects arising from the use of the products and from their emissions; (a.1) respecting the information that must appear on vaping products or on vaping product packages and in leaflets or on tags 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; (a.2) respecting, for the purposes of section 15.3, the manner of displaying or providing information, including the form and placement of the information; (b) prescribing anything that by this Part is to be prescribed; and (c) generally for carrying out the purposes of this Part. 1997, c. 13, s. 17; 2018, c. 9, s. 22
Tobacco and Vaping Products Act — T-11.5 18
Definition of promotion 18 (1) In this Part, promotion means a representation about a product or service by any means, whether directly or indirectly, including any communication of information about a product or service and its price and distribution, that is likely to influence and shape attitudes, beliefs and behaviours about the product or service. Application of Division 1 (2) Division 1 of this Part does not apply to (a) a literary, dramatic, musical, cinematographic, scientific, educational or artistic work, production or performance that uses or depicts a tobacco product or tobacco product-related brand element, whatever the mode or form of its expression, if no consideration is given by a manufacturer or retailer, directly or indirectly, for that use or depiction in the work, production or performance; (b) a report, commentary or opinion in respect of a tobacco product or a brand of tobacco product if no consideration is given by a manufacturer or retailer, directly or indirectly, for the reference to the tobacco product or brand in that report, commentary or opinion; or (c) a promotion by a tobacco grower or a manufacturer that is directed at tobacco growers, manufacturers, persons who distribute tobacco products or retailers but not, either directly or indirectly, at consumers. Application of Division 2 (3) Division 2 of this Part does not apply to (a) a literary, dramatic, musical, cinematographic, scientific, educational or artistic work, production or performance that uses or depicts a vaping product or vaping product-related brand element, whatever the mode or form of its expression, if no consideration is given by a manufacturer or retailer, directly or indirectly, for that use or depiction in the work, production or performance; (b) a report, commentary or opinion in respect of a vaping product or a brand of vaping product if no consideration is given by a manufacturer or retailer, directly or indirectly, for the reference to the vaping product or brand in that report, commentary or opinion; or (c) a promotion by a manufacturer that is directed at manufacturers, persons who distribute vaping products or retailers but not, either directly or indirectly, at consumers. 1997, c. 13, s. 18; 2018, c. 9, s. 23
Tobacco and Vaping Products Act — T-11.5 19
Prohibition 19 No person shall promote a tobacco product or a tobacco product-related brand element, including by means of the packaging, except as authorized by the provisions of this Act or of the regulations. 1997, c. 13, s. 19 2018, c. 9, s. 25
Tobacco and Vaping Products Act — T-11.5 20
False promotion 20 (1) No person shall promote a tobacco product, including by means of the packaging, 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 tobacco product or its emissions. 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 tobacco product or its emissions. 1997, c. 13, s. 20; 2018, c. 9, s. 26
Tobacco and Vaping Products Act — T-11.5 20.1
Comparison and prohibited elements 20.1 No person shall promote a tobacco product, including by means of the packaging, (a) in a manner that could cause a person to believe that the product or its emissions are less harmful than other tobacco products or their emissions; or (b) by using terms, expressions, logos, symbols or illustrations that are prohibited by the regulations. 2018, c. 9, s. 27