An Act to amend the Tobacco Act and the Non-smokers’ Health Act and to make consequential amendments to other Acts (S.C. 2018, c. 9)
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Assented to 2018-05-23
PART 11997, c. 13Tobacco Act (continued)
Amendments to the Act (continued)
43 The heading before section 33 of the Act is repealed.
44 (1) Paragraph 33(a) of the Act is replaced by the following:
(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;
(2) Section 33 of the Act is amended by adding the following after paragraph (a):
(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;
(3) Paragraph 33(b) of the English version of the Act is replaced by the following:
(b) respecting the advertising of tobacco products for the purposes of subsection 22(2);
(4) Paragraphs 33(e) to (j) of the Act are replaced by the following:
(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;
(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.
(5) Section 33 of the Act is amended by adding the following after paragraph (e):
(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;
(6) Paragraph 33(e.2) of the Act is replaced by the following:
(e.2) respecting exceptions to the prohibitions under subsections 30.43(1) and (2) and, for the purposes of subsection 30.43(1), what constitutes a health benefit;
45 The headings before section 34 and sections 34 to 36 of the Act are replaced by the following:
PART VAdministration and Enforcement
Inspection and Analysis
Marginal note: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.
Marginal note: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.
Marginal note: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.
Marginal note:Authority to enter place
35 (1) For a purpose related to verifying compliance with this Act, an inspector may, subject to section 36, enter any place, including a conveyance, in which the inspector believes on reasonable grounds
(a) a tobacco product or vaping product is manufactured, tested, stored, promoted, transported or furnished;
(b) there is anything used in the manufacture, testing, promotion or furnishing of a tobacco product or vaping product; or
(c) there is any information relating to the manufacture, testing, storage, promotion, transporting or furnishing of a tobacco product or vaping product.
Marginal note:Powers of inspector
(2) An inspector may, for the purpose referred to in subsection (1),
(a) examine a tobacco product, vaping product or thing referred to in paragraph (1)(b) that is found in the place;
(b) order any person to produce for examination, in the manner and form requested by the inspector, the tobacco product, vaping product or thing;
(c) open or order any person to open any container or package found in the place that the inspector believes on reasonable grounds contains the tobacco product, vaping product or thing;
(d) take or order any person to take, free of charge, a sample of the tobacco product, vaping product or thing;
(e) conduct any test or analysis or take any measurements;
(f) order any person found in the place to produce for examination or copying any written or electronic information;
(g) take photographs and make recordings and sketches;
(h) order the owner or person having possession, care or control of the tobacco product, vaping product or thing — or of the conveyance — to move it or, for any time that may be necessary, not to move it or to restrict its movement;
(i) order the owner or person in charge of the place or a person who manufactures, tests, stores, promotes, transports or furnishes a tobacco product or vaping product at the place to establish their identity to the inspector’s satisfaction;
(j) use or order any person to use a computer system, as defined in subsection 342.1(2) of the Criminal Code, that is found in the place to examine data that are contained in or available to the computer system, reproduce the data or order any person to reproduce the data in the form of a printout or other intelligible output and remove the output for examination or copying; or
(k) use or order any person to use copying equipment that is found in the place and remove the copies for examination.
Marginal note:Means of telecommunication
(3) For the purposes of subsections (1) and (2), the inspector is considered to have entered a place when they access it remotely by a means of telecommunication.
Marginal note:Limitation — access by means of telecommunication
(4) An inspector who enters remotely, by a means of telecommunication, a place that is not accessible to the public must do so with the knowledge of the owner or person in charge of the place and only for the period necessary for the purpose referred to in subsection (1).
Marginal note:Persons accompanying inspector
(5) The inspector may be accompanied by any person that they believe is necessary to help them exercise their powers or perform their duties or functions under this section.
Marginal note:Entering private property
(6) An inspector and any person accompanying them may enter and pass through private property, other than a dwelling-house on that property, in order to gain entry to a place referred to in subsection (1).
Marginal note: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).
Marginal note: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.
Marginal note: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.
Marginal note:Telewarrant
(4) If an inspector believes that it would not be practical to appear personally to make an application for a warrant under subsection (2), a warrant may be issued by telephone or other means of telecommunication on information submitted by telephone or other means of telecommunication, and section 487.1 of the Criminal Code applies for that purpose, with any necessary modifications.
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