L-6.2, r. 1 - Regulation under the Tobacco Control Act

Updated to 1 September 2012

This document has official status.

chapter L-6.2, r. 1

Regulation under the Tobacco Control Act

Tobacco Control Act

(chapter L-6.2, ss. 19, 25, and 29.1).

The former alphanumerical designation of this Regulation was: chapter T-0.01, r. 1.

1. For the purposes of the Tobacco Control Act (chapter L-6.2), any product that does not contain tobacco and is intended to be smoked is considered to be tobacco.

O.C. 704-2008, s. 1.

2. In a tobacco retail outlet, all advertising disseminated pursuant to subparagraph 9 of the first paragraph of section 24 of the Act must be displayed on one display board only.

The display board must be fixed, rectangular, flat and opaque, and not have a raised surface. Only one of its sides, having a maximum surface area of 3,600 cm2, may display the advertising, which may be written or printed directly on the board or posted on it by means of a sign. In the latter case, the sign must be affixed to the board, not be embossed and not extend beyond the edges of the display board.

The display board and any sign it may contain must be white and the characters of the text of the advertising appearing on it must be black.

O.C. 704-2008, s. 2.

3. The display board referred to in section 2 may display no advertising other than the advertising referred to in that section.

No lighting, sound or other effect may be used to draw the attention of the public to the advertising.

O.C. 704-2008, s. 3.

4. In a printed newspaper or magazine, advertising disseminated pursuant to subparagraph 8 of the first paragraph of section 24 of the Act must

(1)  be rectangular, have a maximum area of 400 cm2, be high and wide enough to hold the warning concerning the harmful effects of tobacco on health prescribed by regulation of the Minister of Health and Social Services and be bordered by a line that is not less than 0.5 nor more than 1.5 points wide; and

(2)  not appear on the first, second or last page of the newspaper or magazine and be printed on paper of the same size and quality as that usually used in the newspaper or magazine.

The advertising space may contain no advertising other than the advertising to which this section refers. If several tobacco advertisements are disseminated in the same printed newspaper or magazine, they must be grouped to appear on 1 or, if need be, 2 or more successive pages.

O.C. 704-2008, s. 4.

5. Specialized publications about tobacco or accessories that may be used for tobacco smoking on sale in a business must be displayed in such a manner as to be visible only from the inside of the business. The copies of each issue of the publications must be placed one above the other so that only one copy of each issue may be visible at once.

No lighting, sound or other effect may be used to draw the attention of the public to the publications.

O.C. 704-2008, s. 5.

6. Subject to the provisions of section 19 of the Act and the provisions of the second paragraph of this section, the operator of a tobacco retail outlet may not sell a tobacco product except in a package that contains at least 10 units of the product.

The prohibition in the first paragraph is not applicable if, within one sale, the amount paid by a consumer for the purchase of one or several tobacco products, other than cigarettes, is higher than $5.

The price in the second paragraph is increased to $10 on 1 June 2009.

O.C. 704-2008, s. 6.

7. The violation of any of sections 2 to 6 constitutes an offence.

O.C. 704-2008, s. 7.

8. (Omitted).

O.C. 704-2008, s. 8.

REFERENCES

O.C. 704-2008, 2008 G.O. 2, 2923