Order Fixing the Day that is 200 Days After the Day on which this Order is Made as the Day on which Certain Provisions of that Act Come into Force: SI/2019-21
Canada Gazette, Part II, Volume 153, Number 9
SI/2019-21 May 1, 2019
AN ACT TO AMEND THE TOBACCO ACT AND THE NON-SMOKERS’ HEALTH ACT AND TO MAKE CONSEQUENTIAL AMENDMENTS TO OTHER ACTS
Order Fixing the Day that is 200 Days After the Day on which this Order is Made as the Day on which Certain Provisions of that Act Come into Force
P.C. 2019-382 April 23, 2019
Her Excellency the Governor General in Council, on the recommendation of the Minister of Health, pursuant to subsection 80(1) of An Act to amend the Tobacco Act and the Non-smokers’ Health Act and to make consequential amendments to other Acts, chapter 9 of the Statutes of Canada, 2018, fixes the day that is 200 days after the day on which this Order is made as the day on which subsection 7(2), section 8, subsection 11(2) and sections 25, 28, 31 and 57 of that Act come into force.
(This note is not part of the Order.)
This Order is made pursuant to subsection 80(1) of the Act to amend the Tobacco Act and the Non-smokers’ Health Act and to make consequential amendments to other Acts (the Act). It fixes the day that is 200 days after the day on which this Order is made, as the day on which subsection 7(2), section 8, subsection 11(2) and sections 25, 28, 31 and 57 of the Act come into force.
This Order will bring into force legislation that will support the Government’s commitment to implement requirements to standardize the appearance of tobacco packages and products.
The provisions being brought into force and supporting Tobacco Products Regulations (Plain and Standardized Appearance) will help to protect youth and others from inducements to use tobacco products and the consequent dependence on them; and prevent the public from being deceived or misled with respect to the health hazards of using tobacco products.
The Tobacco Act was enacted in 1997 in response to the national public health problem posed by tobacco use. The Act amended the Tobacco Act and changed its title to the Tobacco and Vaping Products Act (TVPA). The TVPA and its regulations are key components in advancing the government’s strategy to protect the health of Canadians from tobacco-related death and disease.
The TVPA provides regulatory powers to support the implementation of plain and standardized appearance measures for tobacco packaging and products.
Subsection 7(2) of the Act repeals subsection 5.1(2) of the TVPA, which is an exception that allows the use of colouring agents to depict a trade-mark or marking required by law on a tobacco product.
Section 8 of the Act aligns sections 5.1 and 5.2 of the TVPA and replaces the current prohibition that includes an exception for depicting a trade-mark or displaying a marking required by law on a tobacco product. The new prohibition has no exception. It prohibits manufacturers from selling a tobacco product set out in column 2 of Schedule 1 that contains an additive — including a colouring agent — set out in column 1. Section 8 of the Act also introduces a new prohibition in section 5.3 of the TVPA on the manufacture and sale of a tobacco product that displays a marking, unless that marking is authorized by regulations. An exception is also created to allow markings required under an Act of the legislature of a province or territory, such as a marking for tax-paid sale, should a legislature require it. This prohibition supplements the new section 5.1. It applies to markings on any tobacco product (not only those set out in Schedule 1) and to any type of markings (not only those displayed using an additive set out in Schedule 1). An exception is made for markings authorized or required by law.
Subsection 11(2) of the Act amends section 7 of the TVPA to authorize the Governor in Council to make regulations respecting markings that may be displayed on tobacco products.
Section 25 of the Act amends the general prohibition on the promotion of tobacco products to clarify that it also applies to promotion by means of the packaging of tobacco products (section 19).
Section 28 of the Act amends section 21 of the TVPA, which prohibits promotion through testimonials and endorsements, so as to align both language versions and to clarify that the prohibition applies to promotion by means of the packaging (subsection 21(1)). Section 28 also repeals the exemption for trade-marks that appeared on a tobacco product on the day the Bill for the 1997 Tobacco Act was introduced in Parliament — December 2, 1996 (subsection 21(2)).
Section 31 of the Act amends subsection 23.1(1) of the TVPA to clarify that permitted promotion on the package of a tobacco product cannot suggest that the product contains a prohibited additive set out in Schedule 1 of the Act, including by means of a brand element.
Section 57 of the Act replaces sections 43.1 and 43.2 of the TVPA with provisions that take into account the coming into force of the tobacco product-related prohibitions in section 5.2 and subsection 5.3(1) of the TVPA.
Bill S-5 was considered by the House of Commons Standing Committee on Health in March 2018 where a number of stakeholders ranging from government officials, non-governmental organizations, members of the public health community and industry representatives shared their views on the legislation and its anticipated impacts.
After the Bill received royal assent on May 23, 2018, further consultations were undertaken through the process of developing regulations under the new statutory provisions, including through a 75-day public consultation on the proposed Tobacco Products Regulations (Plain and Standardized Appearance), during which stakeholders were invited to make written submissions and to participate in meetings held by Health Canada. These consultations are summarized in the Regulatory Impact Analysis Statement (RIAS) that accompanies the Regulations.
Labelling and Plain Packaging Office
Tobacco Control Directorate
Healthy Environments and Consumer Safety Branch
Address Locator: 0301A
150 Tunney’s Pasture Driveway