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

Updated to 31 October 2023

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.

Except for sections 2, 2.1 and 2.2 of the Act, the first paragraph does not apply to cannabis within the meaning of the Cannabis Regulation Act (chapter C-5.3).

O.C. 704-2008, s. 1; S.Q. 2018, c. 19, s. 19; S.Q. 2019, c. 21, s. 29.

1.1. (Revoked).

S.Q. 2015, c. 28, s. 71; S.Q. 2018, c. 19, s. 19.

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.

6.1. The portion of each display area on tobacco product packaging on which a health warning must be displayed in accordance with the Tobacco Products Labelling Regulations (Cigarettes and Little Cigars) (SOR/2011-177) must have an even surface with a minimum surface area of 4,648 mm2.

S.Q. 2015, c. 28, s. 72.

6.2. A display area on tobacco product packaging on which a health warning is displayed must not be removable from the packaging.

S.Q. 2015, c. 28, s. 72.

6.3. Tobacco product packaging on which a health warning is displayed must contain a maximum quantity of the product, given the circumference of the product unit and the interior volume of the packaging. No device may be placed or integrated inside the packaging to reduce the space for the product.

S.Q. 2015, c. 28, s. 72.

6.4. The operator of a specialized retail outlet for electronic cigarettes is not subject to the application of section 20.2 of the Act for electronic cigarettes and other devices of that nature that the operator sells, including their components and accessories, to the extent that the following conditions are met:

(1)  the operator of the retail outlet sells only electronic cigarettes or other devices of that nature, including their components and accessories;

(2)  the operator displays the electronic cigarettes or other devices of that nature, including their components, accessories and packaging, so that they are visible only from the inside of the retail outlet;

(3)  no other activity takes place there.

S.Q. 2015, c. 28, s. 72.

6.5. It is prohibited to sell electronic cigarettes or any other devices of that nature, including their components and accessories, that contain a liquid if they do not display the following information on the product and packaging:

(1)  the nicotine concentration, in milligrams per millilitre;

(2)  the volume of the liquid, in millilitres, including in the case of liquid refill containers;

(3)  an indication that the liquid has a tobacco flavour or aroma or that it has no flavour or aroma.

O.C. 1251-2023, s. 1.

6.6. A manufacturer or a distributor may not sell electronic cigarettes or any other devices of that nature, including their components and accessories, that are not consistent with the following standards:

(1)  have a nicotine concentration of 20 mg/ml or less;

(2)  have a volume of liquid of 2 ml or less or, in the case of liquid refill containers, 30 ml or less;

(3)  not have the form of a toy, jewellery, food, animal or real or fictional character, or any other form, appearance or function that may be attractive to minors.

For the purposes of subparagraph 3 of the first paragraph, a form or appearance that conceals the intended use may be considered to be attractive to minors.

O.C. 1251-2023, s. 1.

6.7. Despite section 29.3 of the Act, section 29.2 applies to electronic cigarettes or any other devices of that nature, including their components and accessories.

O.C. 1251-2023, s. 1.

7. The violation of any of sections 2 to 6.3 or sections 6.5 and 6.7 constitutes an offence.

O.C. 704-2008, s. 7; S.Q. 2015, c. 28, s. 73; O.C. 1251-2023, s. 2.

8. (Omitted).

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

REFERENCES

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

S.Q. 2015, c. 28, ss. 71 to 73

S.Q. 2018, c. 19, s. 19

S.Q. 2019, c. 21, s. 29

O.C. 1251-2023, 2023 G.O. 2, 1973