C-348
Second Session, Fortieth Parliament,
57-58 Elizabeth II, 2009
HOUSE OF COMMONS OF CANADA
BILL C-348
An Act to amend the Tobacco Act (cigarillos, cigars and pipe tobacco)
first reading, March 26, 2009
NOTE
3rd Session, 40th Parliament
This bill was introduced during the Second Session of the 40th Parliament. Pursuant to the Standing Orders of the House of Commons, it is deemed to have been considered and approved at all stages completed at the time of prorogation of the Second Session. The number of the bill remains unchanged.
Ms. Wasylycia-Leis
401132
SUMMARY
This enactment amends the Tobacco Act by adding requirements with respect to the packaging and sale of cigarillos, cigars and pipe tobacco.
Also available on the Parliament of Canada Web Site at the following address:http://www.parl.gc.ca
2nd Session, 40th Parliament,
57-58 Elizabeth II, 2009
house of commons of canada
BILL C-348
An Act to amend the Tobacco Act (cigarillos, cigars and pipe tobacco)
1997, c. 13
Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:
1. Section 2 of the Tobacco Act is amended by adding the following in alphabetical order:
“cigar” means any roll or tubular construction intended for smoking that is more than 12 mm in diameter and that consists of a filler composed of pieces of natural or reconstituted leaf tobacco, and a wrapper of natural or reconstituted leaf tobacco.
“cigarillo” means any roll or tubular construction intended for smoking that is 12 mm or less in diameter and that consists of a filler composed of pieces of natural or reconstituted leaf tobacco, and a wrapper of natural or reconstituted leaf tobacco.
2. Subsection 10(1) of the Act is replaced by the following:
Packaging of cigarettes and cigarillos
10. (1) No person shall sell cigarettes or cigarillos except in a package that contains at least twenty cigarettes or cigarillos, or at least a prescribed number of cigarettes or cigarillos, which number shall be more than twenty.
3. The Act is amended by adding the following after section 10:
Sale of wrappers
10.1
No manufacturer or retailer shall sell at retail an empty wrapper that consists of reconstituted leaf tobacco.
Flavouring agents
10.2
No manufacturer or retailer shall sell a tobacco product that includes a flavouring agent other than sugar, tobacco, tobacco extracts or reconstituted tobacco.
4. The Act is amended by adding the following after section 15:
Boxes of cigarillos
15.1
(1) No manufacturer or retailer shall sell boxes of cigarillos unless the box bears on two principal display surfaces a health warning label occupying at least 50% of the panel.
Bundles of cigarillos
(2) No manufacturer or retailer shall sell bundles of cigarillos unless the bundles are sold with a health warning label measuring at least 40 cm2 in area and 4 cm in width and occupying any surface of the bundle except for the top or bottom.
Pipe tobacco, cigars
15.2
(1) No manufacturer or retailer shall sell a package of pipe tobacco or cigars unless the package bears on two principal display surfaces a health warning label occupying at least 50% of the panel.
Single cigars
(2) No manufacturer or retailer shall sell a cigar without a health warning label, regardless of the number of cigars being sold.
5. Section 44 of the Act is replaced by the following: 
Summary offence
44. Every person who contravenes section 6, subsection 10(1) or (2), section 10.1 or 10.2, subsection 26(1) or (2) or 31(1) or (3), section 32 or subsection 38(1) or (2) is guilty of an offence and liable on summary conviction to a fine not exceeding $50,000 or to imprisonment for a term not exceeding six months, or to both.
6. Section 46 of the Act is replaced by the following:
Offence by retailer
46. (1) Every retailer who contravenes subsection 15(1) or (2) or section 15.1 or 15.2 is guilty of an offence and liable on summary conviction to a fine not exceeding $50,000.
Offence by manufacturer
(2) Every manufacturer who contravenes subsection 15(1) or (2) or section 15.1, 15.2 or 29 is guilty of an offence and liable on summary conviction to a fine not exceeding $300,000 or to imprisonment for a term not exceeding two years, or to both.
Published under authority of the Speaker of the House of CommonsAvailable from:Publishing and Depository ServicesPublic Works and Government Services Canada