C-438
First Session, Forty-first Parliament,
60-61 Elizabeth II, 2011-2012
HOUSE OF COMMONS OF CANADA
BILL C-438
An Act to amend the Tobacco Act (smokeless tobacco and little cigars)
first reading, June 20, 2012
Ms. Leslie
411041
SUMMARY
This enactment amends the Tobacco Act to prohibit the sale of flavoured smokeless tobacco and to amend the definition of “little cigar”.
Also available on the Parliament of Canada Web Site at the following address:http://www.parl.gc.ca
1st Session, 41st Parliament,
60-61 Elizabeth II, 2011-2012
house of commons of canada
BILL C-438
An Act to amend the Tobacco Act (smokeless tobacco and little cigars)
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. (1) Section 2 of the Tobacco Act is amended by adding the following in alphabetical order:
“flavouring agent”« aromatisant »
“flavouring agent” means an additive that has flavouring properties or that enhances flavour, including
(a) an additive identified as a flavouring agent by the Joint FAO/WHO Expert Committee on Food Additives in that Committee’s evaluations, as published from time to time in the WHO Technical Report Series; and
(b) an additive identified as a flavouring substance by the Flavor and Extract Manufacturers Association (FEMA) Expert Panel in its lists of GRAS (Generally Recognized as Safe) flavouring substances referred to as “GRAS 3” to “GRAS 24” and any subsequent GRAS lists, as published from time to time.
“smokeless tobacco”« tabac sans fumée »
“smokeless tobacco” means a tobacco product intended for consumption otherwise than by smoking.
(2) The definition “little cigar” in section 2 of the Act is replaced with the following:
“little cigar”« petit cigare »
“little cigar” means any roll or tubular construction that
(a) is intended for smoking;
(b) has a cigarette filter, is 12 mm or less in diameter or weighs no more than 1.4 g, excluding the weight of any mouthpiece or tip; 
(c) contains a filler composed of pieces of natural or reconstituted leaf tobacco; and
(d) has a wrapper, or a binder and a wrapper, composed of natural or reconstituted leaf tobacco.
It includes any tobacco product that is prescribed to be a little cigar.
2. The Act is amended by adding the following after section 10:
Flavouring agents
10.1 No manufacturer or retailer shall sell smokeless tobacco that contains a flavouring agent other than tobacco extracts.
3. Section 44 of the Act is replaced by the following:
Summary offence
44. Every person who contravenes subsection 6(1) or (2) or 10(1) or (2), section 10.1, 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.
Published under authority of the Speaker of the House of CommonsAvailable from:Publishing and Depository ServicesPublic Works and Government Services Canada