l-6.2 - Tobacco Control Act

Updated to 5 February 2007

This document has official status.

chapter T-0.01

Tobacco Act

CHAPTER I SCOPE

1. This Act applies to harvested tobacco in any processed or unprocessed form, however presented. The term “tobacco” includes any product containing tobacco and any other product or class of product considered to be tobacco under a government regulation.

This Act is binding on the State.

1998, c. 33, s. 1; 2005, c. 29, s. 1.

1.1. For the purposes of this Act, unless the context indicates otherwise, “tobacco” also includes the following accessories: cigarette tubes, rolling paper and filters, pipes and cigarette holders.

2005, c. 29, s. 2.

CHAPTER II RESTRICTION ON THE USE OF TOBACCO IN CERTAIN PLACES

1998, c. 33, s. 2.

2. Subject to sections 3 to 12, smoking is prohibited in the following enclosed spaces:

(1)  facilities maintained by a health and social services institution governed by the Act respecting health services and social services (chapter S-4.2) or the Act respecting health services and social services for Cree Native persons (chapter S-5), and premises where services are provided by an intermediate resource referred to in the Act respecting health services and social services, except if the premises are situated in a dwelling;

(2)  premises or buildings placed at the disposal of a school established under the Education Act (chapter I-13.3) or the Education Act for Cree, Inuit and Naskapi Native Persons (chapter I-14), and those placed at the disposal of a private educational institution governed by the Act respecting private education (chapter E-9.1) that dispenses services specified in paragraphs 1 to 3 of section 1 of that Act;

(3)  premises or buildings placed at the disposal of a vocational training centre or adult education centre established under the Education Act, those placed at the disposal of a private educational institution dispensing services specified in paragraphs 4 to 9 of section 1 of the Act respecting private education, and those used by a general and vocational college or a university;

(4)  facilities operated by a childcare centre or day care centre within the meaning of the Educational Childcare Act (chapter S-4.1.1) and private residences where home childcare within the meaning of that Act is provided, during the hours when childcare is provided;

(5)  enclosed spaces where activities of a sports or recreational, judicial, cultural or artistic nature are presented, or where conferences, conventions or other similar events are held;

(6)  enclosed spaces where community or recreational activities intended for minors are held, except if the activities are held in a dwelling;

(6.1)  enclosed spaces where the activities held may be attended only by persons explicitly or implicitly invited or authorized by the host, whether or not an admission fee is charged and regardless of the purpose of the activities, except if the activities are held in a dwelling;

(6.2)  enclosed spaces used by a non-profit legal person or by an association, circle or club, whether a legal person or not, to which only members and their guests have access, except if the enclosed spaces are situated in a dwelling;

(7)  the common areas of residential buildings comprising six or more dwellings, whether or not the buildings are held in co-ownership;

(7.1)  the common areas of residences for the elderly within the meaning of the second paragraph of section 346.0.1 of the Act respecting health services and social services;

(7.2)  enclosed spaces where prevention, assistance and support services, including temporary lodging services, are offered to persons in distress or persons in need of assistance, except if the services are offered in a dwelling;

(8)  tourist accommodation establishments governed by the Tourist Accommodation Establishments Act (chapter E-14.2)and the buildings of outfitting operations within the meaning of the Act respecting the conservation and development of wildlife (chapter C-61.1) or the Act respecting hunting and fishing rights in the James Bay and New Québec territories (chapter D-13.1);

(8.1)  enclosed spaces specially laid out where meals for consumption on the premises are ordinarily offered to the public in return for remuneration;

(8.2)  establishments operating under a public house, tavern or bar permit within the meaning of the Act respecting liquor permits (chapter P-9.1);

(8.3)  bingo halls;

(9)  workplaces, except workplaces situated in a dwelling;

(10)  means of public transportation, taxis and other vehicles carrying two or more persons that must be used in the course of employment;

(11)  premises used for detention within the meaning of the Act respecting the Québec correctional system (chapter S-40.1);

(12)  all other enclosed spaces to which the public has admittance.

1998, c. 33, s. 2; 2001, c. 42, s. 1; 2005, c. 29, s. 3; 2005, c. 47, s. 147; 2002, c. 24, s. 204.

2.1. Smoking is prohibited

(1)  in bus shelters;

(2)  in tents, under big tops and in other similar facilities that are put up temporarily or permanently and are open to the public;

(3)  on grounds placed at the disposal of educational institutions referred to in paragraph 2 of section 2 and on the grounds of childcare centres and day care centres within the meaning of the Educational Childcare Act (chapter S-4.1.1), during the hours these institutions are open to students or children.

2005, c. 29, s. 4; 2005, c. 47, s. 148.

2.2. Smoking is prohibited outdoors within a nine-metre radius from any door leading to a place referred to in paragraph 1, 3, 4 or 6 of section 2. However, if the nine-metre radius anywhere extends beyond the boundaries of the grounds on which the place is situated, smoking is prohibited only up to those boundaries.

The smoking prohibition under the first paragraph does not apply outside premises where the services of an intermediary resource are offered if the premises are situated in a dwelling or outside private residences where home childcare is provided.

2005, c. 29, s. 4.

3. The operator of a place referred to in section 2, except one referred to in paragraph 2, 4, 6 or 8, may set up a closed smoking room for persons lodged in the place.

The smoking room may be used only for tobacco smoking and only by persons lodged in the place.

The smoking room must be delimited by floor-to-ceiling partitions or walls so as to be fully enclosed, and must be equipped with a ventilation system that maintains negative air pressure at all times and exhausts smoke directly to the outside of the building. In addition, the smoking room door must be equipped with a properly functioning self-closing device.

For the purposes of this Act, the term “operator of a place or business” includes a mandatary of the operator who manages the place or business.

1998, c. 33, s. 3; 2005, c. 29, s. 5.

4. (Repealed).

1998, c. 33, s. 4; 2001, c. 42, s. 2; 2005, c. 29, s. 6.

5. The operator of a place may identify rooms where smoking is permitted

(1)  for persons receiving services from an intermediate resource or for persons lodged by an institution and receiving services from a general and specialized hospital centre in a psychiatric unit or department or services from a residential and long-term care centre, from a rehabilitation centre or from a psychiatric hospital centre;

(2)  for persons temporarily lodged in a place referred to in paragraph 7.2 of section 2.

However, the number of rooms where smoking is permitted may not exceed 40% of the rooms available for all the clientele. Furthermore, the rooms where smoking is permitted must be grouped together so as to provide maximum protection to non-smokers given the total floor space, use and ventilation of the place.

This section shall not operate to prevent the operator of a place from setting certain conditions for the use of tobacco in a room where smoking is permitted or from prohibiting a person lodged in the place to smoke in such a room if the operator considers that the person’s smoking would pose a threat to the person’s own safety or the safety of others.

1998, c. 33, s. 5; 2001, c. 42, s. 3; 2005, c. 29, s. 7.

6. The operator of a tourist accommodation establishment or an outfitting operation may identify rooms where smoking is permitted.

The standards and requirements set out in the second paragraph of section 5 apply to such rooms.

1998, c. 33, s. 6; 2001, c. 42, s. 4; 2005, c. 29, s. 8.

7. (Repealed).

1998, c. 33, s. 7; 2001, c. 42, s. 5; 2005, c. 29, s. 9.

8. (Repealed).

1998, c. 33, s. 8; 2001, c. 42, s. 6; 2005, c. 29, s. 9.

8.1. Smoking cigars or pipe tobacco is permitted in a cigar room provided that

(1)  the cigar room is specially set up for cigar or pipe smoking;

(2)  the cigar room was in operation on 10 May 2005;

(3)  cigar and pipe tobacco sales by the operator of the cigar room generated a gross income of $20,000 or more for the operator for the taxation year preceding the taxation year in progress on 10 May 2005. However, if operation of the cigar room began after 10 May 2004, the taxation year in which cigar and pipe tobacco sales must have generated a gross income of $20,000 or more is the year in progress on 10 May 2005;

(4)  the operator of the cigar room sends the Minister, not later than 10 November 2006, a written notice stating the name and address of the cigar room, together with sufficient proof that the operator meets the conditions set out in this paragraph.

Not later than 1 November 2006, the operator of a cigar room must delimit the cigar room using floor-to-ceiling partitions or walls so that it is fully enclosed, and equip the cigar room with a ventilation system that maintains negative air pressure at all times and exhausts smoke directly to the outside of the building. The operator of the cigar room must also, not later than that date, equip the cigar room doors with a properly functioning self-closing device.

2005, c. 29, s. 10.

8.2. The operator of a cigar room may not permit that meals be consumed by customers in the cigar room.

The operator of a cigar room may not admit a minor to or allow the presence of a minor in the cigar room.

2005, c. 29, s. 10.

9. The director of a correctional facility may permit smoking in all the rooms used for detention within the meaning of the Act respecting the Québec correctional system (chapter S-40.1) except cafeterias, classrooms and meeting rooms, gymnasiums, rooms used for worship and libraries.

The director of a correctional facility is an operator within the meaning of the fourth paragraph of section 3.

1998, c. 33, s. 9; 2005, c. 29, s. 11; 2002, c. 24, s. 204, s. 207.

10. The operator of a place or business to which this chapter applies must post notices visible to the persons using the place or business, indicating the areas where smoking is prohibited.

No person may remove or deface such a notice.

1998, c. 33, s. 10.

11. The operator of a place or business to which this chapter applies shall not tolerate smoking in an area where smoking is prohibited.

In proceedings for a contravention of the first paragraph, the operator of the place or business is deemed to have tolerated smoking in an area where smoking is prohibited if it is shown that a person smoked in that area. The onus is on the operator to show that smoking was not tolerated by the operator in an area where smoking is prohibited.

1998, c. 33, s. 11; 2005, c. 29, s. 12.

12. The Government may make regulations determining standards relating to

(1)  the construction or layout of smoking rooms and cigar rooms;

(2)  the ventilation system required in smoking rooms and cigar rooms;

(3)  the notices referred to in section 10.

1998, c. 33, s. 12; 2005, c. 29, s. 13.

CHAPTER III SALE OF TOBACCO, DISPLAYS AND SIGNS

2005, c. 29, s. 14.

DIVISION I SALE OF TOBACCO

2005, c. 29, s. 14.

13. No one may sell tobacco to a minor.

1998, c. 33, s. 13; 2005, c. 29, s. 15.

13.1. A person who wishes to purchase tobacco or to be admitted to a cigar room may be required to provide proof of age.

The Government may, by regulation, determine the documents that may be used as identification.

2005, c. 29, s. 16.

14. In proceedings for a contravention of the second paragraph of section 8.2 or a contravention of section 13, no penalty may be imposed on a defendant who shows that a reasonable effort was made to verify the age of the person and that there were reasonable grounds to believe that the person was of full age.

1998, c. 33, s. 14; 2005, c. 29, s. 17.

14.1. Tobacco may not be sold retail except in a tobacco retail outlet, with both the operator of the retail outlet or an employee of the operator and the purchaser physically present.

For the purposes of this Act,

(1)  a tobacco retail outlet is a fixed place permanently delimited by continuous floor-to-ceiling partitions or walls that is accessible only through an opening equipped with a door and in which tobacco is sold retail by the operator of the place;

(2)  a person other than a tobacco farmer or a tobacco product manufacturer or distributor who is in possession of or holds a quantity of tobacco that exceeds the amount the person needs for personal consumption is presumed, in the absence of any evidence to the contrary, to engage in the retail sale of tobacco.

2005, c. 29, s. 18.

14.2. The operator of a tobacco retail outlet may not give tobacco to a minor.

2005, c. 29, s. 18.

14.3. The operator of a tobacco retail outlet may not sell tobacco to a person of full age if the operator knows the person is purchasing the tobacco for a minor.

2005, c. 29, s. 18.

15. The operator of a tobacco retail outlet must ensure that all tobacco is kept in such a way as to prevent customers from gaining access to the tobacco without the help of the business’s personnel.

The first paragraph does not apply to the operator of a duty free shop licensed as such under the Customs Act (Revised Statutes of Canada, 1985, chapter 1, 2nd Supplement).

1998, c. 33, s. 15; 2005, c. 29, s. 19.

16. The operator of a place or business may not have a tobacco vending machine installed, or leave or keep a tobacco vending machine in the place or business.

1998, c. 33, s. 16; 2005, c. 29, s. 20.

17. No tobacco retail outlet may be operated

(1)  on the grounds of or within a facility maintained by a health and social services institution;

(2)  on the grounds or within the premises or buildings placed at the disposal of a school, a vocational training centre, an adult education centre or a private educational institution;

(2.1)  on the grounds or within the buildings of a general and vocational college or a university;

(3)  on the grounds of or within the facilities of a childcare centre or day care centre;

(4)  within premises where sports, recreational, cultural or artistic activities are presented, at the time they are presented;

(5)  within premises or buildings intended mainly for the presentation of sports, recreational, cultural or artistic activities or intended mainly as a place where members of the public may engage or take part in such activities;

(6)  in an establishment operating under a public house, tavern or bar permit within the meaning of the Act respecting liquor permits (chapter P-9.1), other than a cigar room;

(7)  in premises where an activity forming part of a restaurateur’s business is carried on under a permit issued under subparagraph n of the first paragraph of section 9 of the Food Products Act (chapter P-29).

The Government may, by regulation, determine other places where operating a tobacco retail outlet is prohibited.

1998, c. 33, s. 17; 2005, c. 29, s. 21; 2005, c. 47, s. 149.

17.1. It is prohibited to supply tobacco to a minor on the grounds or within the premises or buildings placed at the disposal of a school or a private educational institution dispensing services specified in paragraphs 1 to 3 of section 1 of the Act respecting private education (chapter E-9.1), whether or not for a consideration.

2005, c. 29, s. 22.

18. It is prohibited to sell tobacco in a business if

(1)  a pharmacy is located within the business;

(2)  the customers of a pharmacy can pass into the business directly or by the use of a corridor or area used exclusively to connect the pharmacy with the business.

1998, c. 33, s. 18.

19. The operator of a tobacco retail outlet may not sell cigarettes except in a package that contains at least 20 cigarettes.

The Government may make regulations specifying any other tobacco product that may not be sold in a package containing less than the prescribed quantities or portions.

1998, c. 33, s. 19; 2005, c. 29, s. 23.

20. The retail sale of tobacco is an activity that must be declared in the register kept in accordance with the Act respecting the legal publicity of sole proprietorships, partnerships and legal persons (chapter P-45) within 30 days after the commencement of the operations of a tobacco retail outlet.

The discontinuance of that activity must be declared in the same register within 30 days after its occurrence.

1998, c. 33, s. 20; 2005, c. 29, s. 24.

20.1. Despite paragraph 1 of section 2 of the Act respecting the legal publicity of sole proprietorships, partnerships and legal persons (chapter P-45), a natural person who operates a tobacco retail outlet under a name that includes his or her surname and given name is subject to the requirement of registration.

2005, c. 29, s. 24.

DIVISION III SIGNS

2005, c. 29, s. 24.

20.4. The operator of a tobacco retail outlet must post a notice prohibiting the sale of tobacco to minors and a warning attributed to the Minister concerning the harmful effects of tobacco on health as soon as the signs are provided by the Minister.

2005, c. 29, s. 24.

20.5. Such signs must be posted in public view, on or next to each cash register used for tobacco sales.

2005, c. 29, s. 24.

20.6. No person may remove or deface such signs.

2005, c. 29, s. 24.

20.7. The Minister may make regulations determining the standards applicable to such signs.

2005, c. 29, s. 24.

CHAPTER IV PROMOTION, ADVERTISING AND PACKAGING

21. The operator of a business and a manufacturer or a distributor of tobacco products may not

(1)  supply or distribute tobacco free of charge or furnish tobacco for promotional purposes of any kind to consumers;

(2)  reduce the retail price of tobacco on the basis of quantity, otherwise than as part of regular marketing operations by the manufacturer, or offer or grant a rebate on the market price of tobacco to consumers;

(3)  offer consumers a gift or rebate or a right to participate in a lottery, contest or game or any other form of benefit if consumers must, in return, provide information on tobacco or their tobacco consumption, purchase a tobacco product or present proof of purchase of a tobacco product.

For the purposes of this section, a manufacturer or distributor of tobacco products includes the mandatary or representative of the manufacturer or distributor, and a person or partnership that is controlled by or that controls the manufacturer or distributor.

1998, c. 33, s. 21; 2005, c. 29, s. 25.

22. Any direct or indirect sponsorship that is associated in any manner whatsoever with the promotion of tobacco, a tobacco product, a brand of tobacco product or a manufacturer of tobacco products, is prohibited.

The first paragraph shall not prevent the tobacco industry from making gifts insofar as the gifts are made without any promotional association. The communication of information by the donor or donee concerning the nature of the gift and the name of the donor, otherwise than through an advertising or commercial message, shall not constitute a promotional association within the meaning of this paragraph.

The Government may, by regulation, prescribe the cases and circumstances in which a mode of communication shall constitute a promotional association within the meaning of the second paragraph.

1998, c. 33, s. 22.

23. No name, logo, brand element, design, image or slogan, except a colour, that is associated with tobacco, a tobacco product, a brand of tobacco product or a manufacturer of tobacco products, may be associated with a sports, cultural or social facility, a health and social services institution or a research centre attached to a health and social services institution.

Furthermore, no name, logo, brand element, design, image or slogan, except a colour, that is associated with tobacco, a tobacco product, a brand of tobacco product or a manufacturer of tobacco products, may be associated with a sports, cultural or social event, except in connection with a sponsorship referred to in section 22.

1998, c. 33, s. 23; 2005, c. 29, s. 26.

24. All direct or indirect advertising for the promotion of tobacco, a tobacco product, a brand of tobacco product or a manufacturer of tobacco products is prohibited where the advertising

(1)  is directed at minors;

(2)  is false or misleading, or is likely to create an erroneous impression about the characteristics, health effects or health hazards of tobacco;

(3)  directly or indirectly associates the use of tobacco with a particular lifestyle;

(4)  contains testimonials or endorsements;

(5)  uses a slogan;

(6)  contains a text that refers to real or fictional persons, characters or animals;

(7)  contains anything apart from text, with the exception of an illustration of the package or packaging of a tobacco product occupying not more that 10% of the surface area of the advertising material;

(8)  is disseminated otherwise than in printed newspapers and magazines that have an adult readership of not less than 85%;

(9)  is disseminated otherwise than by means of displays visible only from the inside of a tobacco retail outlet;

(10)  (subparagraph repealed).

However, advertising that is intended to provide consumers with factual information about a tobacco product, including information about the price or the intrinsic characteristics of a tobacco product and about brands of tobacco products, is permitted to the extent that it does not constitute advertising or a form of advertising prohibited under the first paragraph.

Advertising disseminated in printed newspapers or magazines that have an adult readership of not less than 85% must include the warning attributed to the Minister and prescribed by regulation concerning the harmful effects of tobacco on health. The advertising must be forwarded to the Minister on being disseminated.

1998, c. 33, s. 24; 2005, c. 29, s. 27.

24.1. Indirect advertising for the promotion of tobacco within the meaning of the first paragraph of section 24 includes the use, on a facility, a vehicle, a sign or any other object that is not a tobacco product, of a name, logo, brand element, design, image or slogan that is not directly associated with tobacco, a tobacco product, a brand of tobacco product or a manufacturer of tobacco products but that may reasonably be said to evoke a brand of tobacco product or a manufacturer of tobacco products because of its graphic design, presentation or association with a tobacco display stand or a tobacco retail outlet.

2005, c. 29, s. 28.

25. The Government may make regulations

(1)  determining standards relating to advertising and promotion;

(1.1)  prescribing standards relating to the display, on the facilities of a tobacco retail outlet, of the name under which the retail outlet is operated and to the display, on the facilities of a tobacco product manufacturer or distributor, of the name under which the manufacturer or distributor carries on its activities or by which the manufacturer or distributor identifies itself;

(1.2)  prohibiting the use of certain words or expressions in the name under which a tobacco retail outlet is operated;

(2)  prescribing standards relating to the display of specialized publications about tobacco or about accessories that may be used for tobacco smoking;

In force: 2008-05-31

(2.1)  determining the standards relating to the display of tobacco in specialty tobacco retail outlets, cigar rooms and duty free shops;

(3)  (subparagraph repealed);

(4)  determining standards relating to the displays permitted in tobacco retail outlets under subparagraph 9 of the first paragraph of section 24.

For the purposes of subparagraph 1.1 of the first paragraph, a tobacco product manufacturer or distributor includes the mandatary or representative of the manufacturer or distributor, and a person or partnership that is controlled by or controls the manufacturer or distributor.

1998, c. 33, s. 25; 2005, c. 29, s. 29.

25.1. The Minister may, by regulation, determine the wording of, and standards applicable to, the warning required under the third paragraph of section 24.

2005, c. 29, s. 30.

26. The provisions of section 24 and of the regulations made under section 25 do not apply to advertising carried by publications imported into Québec. In no case, however, may a person doing business in Québec disseminate advertising that is prohibited under the first paragraph of section 24 or by a regulation under section 25 in such a publication.

The provisions of the said section and regulations do not apply to advertising that is directed at the tobacco industry and does not reach consumers either directly or indirectly.

1998, c. 33, s. 26.

27. No operator of a business or tobacco product manufacturer or distributor may sell or give an object that is not a tobacco product or supply such an object as part of an exchange, if a name, logo, brand element, design, image or slogan that is directly associated with tobacco, a tobacco product, a brand of tobacco product or a manufacturer of tobacco products, except a colour, appears on the object.

For the purposes of this section, a tobacco product manufacturer or distributor includes the mandatary or representative of the manufacturer or distributor, and a person or partnership that is controlled by or controls the manufacturer or distributor.

1998, c. 33, s. 27; 2005, c. 29, s. 31.

28. The Government may make regulations determining standards relating to tobacco containers, packaging and display. The standards may be prohibitive, and may vary according to the various tobacco products concerned.

The Government may also make regulations requiring a tobacco product manufacturer to print on packaging the information determined by the Government, and messages attributed to the Minister, as specified in the regulations, about the harmful effects of tobacco on health.

The use of a concept referred to in subparagraphs 1 to 6 of the first paragraph of section 24 on tobacco packaging and containers is prohibited.

In determining such standards, the Government shall harmonize the standards with those adopted under the Tobacco Act (Statutes of Canada, 1997, chapter 13) with regard to similar matters.

1998, c. 33, s. 28.

CHAPTER V TOBACCO PRODUCTS

2005, c. 29, s. 32.

29. The Government may make regulations determining standards relating to the composition and characteristics of tobacco products manufactured in Québec for sale in Québec.

The standards may require, prohibit or restrict the use of certain substances or certain processes and vary according to the tobacco product concerned. In determining such standards, the Government shall harmonize the standards with those adopted under the Tobacco Act (Statutes of Canada, 1997, chapter 13) with regard to similar matters.

No distributor of tobacco products may sell a tobacco product in Québec that is not consistent with the standards prescribed by a regulation made under the first paragraph.

1998, c. 33, s. 29.

29.1. The Government may, by regulation, specify any other product or class of product considered to be tobacco.

2005, c. 29, s. 33.

CHAPTER VI REPORTS

30. The Government may make regulations determining standards relating to the reports that the Minister may require tobacco product manufacturers and distributors to file containing the information that the Minister considers necessary to protect public health and ensure compliance with this Act, and in particular

(1)  the volume of sales;

(2)  the range of tobacco and tobacco products marketed;

(3)  the sums invested in promotion and advertising;

(4)  any other information relating to the composition of the tobacco products marketed, in particular the ingredients and properties of such tobacco products.

The regulations shall prescribe the content, form and frequency of the reports, and the intervals at which and manner in which they must be filed, and may exempt certain categories of tobacco products, or certain persons whose tobacco sales are below the percentage of total tobacco sales determined by the Government, from such obligations.

1998, c. 33, s. 30.

31. Besides the reports required by section 30, the Minister may, at any time, require tobacco product manufacturers and distributors to file a report if a new form of tobacco, a new brand or new tobacco product, or a new distribution method for tobacco products is introduced on the market or if required, in the opinion of the Minister, for reasons of public health.

1998, c. 33, s. 31.

CHAPTER VII INSPECTION AND SEIZURE

32. For the purposes of this Act, the Minister may appoint any person or designate any class of persons to perform the duties of inspector or analyst.

Except in respect of workplaces and public bodies, a local municipality may also appoint, for the purposes of Chapter II and Chapter III, any person or designate any class of persons to perform the duties of inspector or analyst. In such a case, the municipality must inform the Minister of the appointment or designation.

An inspector or analyst entering a place to inspect it under this chapter must, on request, provide the operator of the place with proof of identity and produce a certificate of appointment signed by the Minister, by a person designated by the Minister or by the clerk or the secretary-treasurer of the local municipality concerned.

The responsibilities of an inspector shall be specified in the act of appointment.

1998, c. 33, s. 32.

33. Every person authorized to act as an inspector or analyst under section 32 may, at any reasonable time, to ascertain compliance with this Act and the regulations under it, enter and inspect a place

(1)  referred to in sections 2 to 2.2;

(2)  where tobacco is manufactured, tested, stored, packaged, labelled or sold;

(3)  where layouts, equipment or notices referred to in sections 3 to 8.1 or section 10 or in a regulation made under section 12 are to be found;

(4)  where any thing used in the manufacture, storage, packaging, labelling, promotion, sale or testing of tobacco is to be found;

(5)  where information relating to the manufacture, storage, packaging, labelling, promotion, sale or testing of tobacco is to be found.

1998, c. 33, s. 33; 2005, c. 29, s. 34.

34. During an inspection, a person acting pursuant to section 33 may

(1)  verify whether any person is smoking in a place where smoking is prohibited under sections 2 to 2.2;

(2)  verify the layout of the place inspected to ascertain whether the places where smoking is permitted under sections 3 to 8.1 meet the requirements of sections 3 to 8.1 or of the regulations made under section 12, and for that purpose take air or other samples;

(2.1)  verify the layout of the place where tobacco is sold to ascertain that the place meets the requirements set out in sections 14.1, 15 and 20.2;

(3)  examine any tobacco found in the place inspected and any thing used in the manufacture, storage, packaging, labelling, promotion, sale or testing of tobacco;

(4)  open or cause to be opened, for examination, any container or package found in the place inspected that the person believes, on reasonable grounds, to contain tobacco;

(5)  collect or cause to be collected, free of charge, samples of tobacco or other substances;

(6)  conduct any test or analysis or take any measurements;

(7)  require, for inspection, copying or the taking of extracts, the production of any book, account, register, record or document, where the person believes on reasonable grounds that it contains information relating to the application of this Act or the regulations;

(8)  verify whether the notices and signs referred to in sections 10 and 20.4 meet the requirements of section 10, Division III of Chapter III and the regulations made under paragraph 3 of section 12 and section 20.7;

(9)  verify whether the display of specialized publications about tobacco or about accessories that may be used for tobacco smoking meets the requirements of the regulations made under section 25;

In force: 2008-05-31

(9.1)  verify whether the display of tobacco in specialty tobacco retail outlets, cigar rooms and duty free shops meets the requirements of section 20.3 and the regulations made under section 25;

(10)  (paragraph repealed);

(10.1)  take photographs of the place inspected and of the equipment, property and products found there;

(11)  conduct tests to ascertain compliance with sections 13, 14.1 to 14.3 and 16 to 19.

1998, c. 33, s. 34; 2005, c. 29, s. 35.

34.1. A person authorized by the Minister may, in a request sent by registered or certified mail or by personal service, require the operator of a place or business to submit any information or document relating to the application of this Act or the regulations, by registered or certified mail or by personal service, within a reasonable time period specified by the person.

The person to whom the request is made shall comply with it within the time period specified even if the person has already submitted such information or document or answered a similar request made under this Act.

2005, c. 29, s. 36.

35. An inspector may submit any thing or sample referred to in section 34 to an analyst for analysis and examination; the analyst may issue a report setting out the results of the analysis and examination.

1998, c. 33, s. 35.

36. The operator of a place being inspected is required to assist the inspector or analyst in the performance of their respective duties.

1998, c. 33, s. 36.

37. No person may hinder in any way the performance of the duties of an inspector or analyst, mislead them by concealment or false statements, or refuse to provide them with any information or document to which they are entitled under this Act, or destroy any such information or document.

1998, c. 33, s. 37.

38. An inspector may, in the course of an inspection, seize forthwith any thing believed by the inspector on reasonable grounds to have been used or to have given rise to an offence under this Act or the regulations.

The rules established in Division IV of Chapter III of the Code of Penal Procedure (chapter C‐25.1), adapted as required, apply to the things seized.

1998, c. 33, s. 38.

38.1. An inspector or analyst may not be prosecuted for an act or omission in good faith in the performance of duties.

2005, c. 29, s. 37.

CHAPTER VIII PROCEEDINGS

39. Penal proceedings for an offence under this Act that was committed in its territory may be instituted by a local municipality before a municipal court.

1998, c. 33, s. 39.

40. The fine and costs imposed by the municipal court for an offence under this Act shall belong to the local municipality and shall be paid into its general fund, except the part of the costs remitted by the collector to any other prosecuting party that has incurred expenses in relation to the proceeding, and the costs remitted to the defendant pursuant to article 223 of the Code of Penal Procedure (chapter C‐25.1).

1998, c. 33, s. 40.

CHAPTER IX PENAL PROVISIONS

41. The Government or the Minister, as the case may be, shall determine the provisions of a regulation made under this Act the violation of which constitutes an offence.

1998, c. 33, s. 41; 2005, c. 29, s. 38.

42. A person who smokes in a place where smoking is prohibited under Chapter II or the fourth paragraph of section 59 is liable to a fine of $50 to $300 and, for a subsequent offence, to a fine of $100 to $600.

1998, c. 33, s. 42; 2005, c. 29, s. 39.

43. The operator of a place or business referred to in Chapter II is liable to a fine of $400 to $4,000 and, for a subsequent offence, to a fine of $1,000 to $10,000, where that operator

(1)  contravenes the use, installation, construction or layout standards prescribed in sections 3 to 8.2, or the provisions of a regulation made under paragraph 1 or 2 of section 12 the violation of which constitutes an offence;

(2)  neglects to post the notice required under section 10, or contravenes the provisions of a regulation made under paragraph 3 of section 12 the violation of which constitutes an offence;

(3)  contravenes the provisions of section 11.

1998, c. 33, s. 43; 2005, c. 29, s. 40.

43.1. The operator of a cigar room who, in contravention of the second paragraph of section 8.2, admits a minor to or allows the presence of a minor in a cigar room is liable to a fine of $500 to $2,000 and, for a subsequent offence, to a fine of $1,000 to $6,000.

2005, c. 29, s. 41.

43.2. A person who sells tobacco to a minor in contravention of section 13 is liable to a fine of $500 to $2,000 and, for a subsequent offence, to a fine of $1,000 to $6,000.

In addition, an employee of the operator of a tobacco retail outlet who makes such a sale is liable to a fine of $100 to $300 and, for a subsequent offence, to a fine of $200 to $600.

2005, c. 29, s. 41.

43.3. A person who contravenes section 14.1 is liable to a fine of $2,000 to $25,000 and, for a subsequent offence, to a fine of $4,000 to $50,000.

2005, c. 29, s. 41.

43.4. The operator of a tobacco retail outlet who, in contravention of section 14.2, gives tobacco to a minor is liable to a fine of $500 to $2,000 and, for a subsequent offence, to a fine of $1,000 to $6,000.

2005, c. 29, s. 41.

43.5. The operator of a tobacco retail outlet who, in contravention of section 14.3, sells tobacco to a person of full age knowing the person is purchasing the tobacco for a minor is liable to a fine of $500 to $2,000 and, for a subsequent offence, to a fine of $1,000 to $6,000.

In addition, an employee of the operator of a tobacco retail outlet who makes such a sale is liable to a fine of $100 to $300 and, for a subsequent offence, to a fine of $200 to $600.

2005, c. 29, s. 41.

44. The operator of a tobacco retail outlet who contravenes the first paragraph of section 15 is liable to a fine of $300 to $2,000 and, for a subsequent offence, to a fine of $600 to $6,000.

1998, c. 33, s. 44; 2005, c. 29, s. 42.

45. A person who removes or defaces a notice in contravention of the second paragraph of section 10 or section 20.6 is liable to a fine of $100 to $1,000 and, for a subsequent offence, to a fine of $200 to $3,000.

1998, c. 33, s. 45; 2005, c. 29, s. 43.

46. The operator of a place or business who contravenes the provisions of section 16 or the operator of a tobacco retail outlet who contravenes the first paragraph of section 19 or the regulatory standards made pursuant to the second paragraph of the said section is liable to a fine of $300 to $2,000 and, for a subsequent offence, to a fine of $600 to $6,000.

1998, c. 33, s. 46; 2005, c. 29, s. 44.

47. (Repealed).

1998, c. 33, s. 47; 2005, c. 29, s. 45.

48. A person who contravenes the provisions of section 17 or 18 is liable to a fine of $2,000 to $25,000 and, for a subsequent offence, to a fine of $4,000 to $50,000.

1998, c. 33, s. 48; 2005, c. 29, s. 46.

48.1. A person who contravenes section 17.1 is liable to a fine of $100 to $300 and, for a subsequent offence, to a fine of $200 to $600.

2005, c. 29, s. 47.

49. The operator of a tobacco retail outlet who, in contravention of section 20, omits to declare the retail sale of tobacco or the discontinuance of that activity in the register is liable to a fine of $300 to $2,000 and, for a subsequent offence, to a fine of $600 to $6,000.

1998, c. 33, s. 49; 2005, c. 29, s. 48.

49.1. A natural person who operates a tobacco retail outlet under a name that includes his or her surname and given name and who, in contravention of section 20.1, omits to register is liable to a fine of $300 to $2,000 and, for a subsequent offence, to a fine of $600 to $6,000.

2005, c. 29, s. 48.

49.3. The operator of a tobacco retail outlet who contravenes the provisions of section 20.4 or 20.5 or the provisions of a regulation made under section 20.7 the violation of which constitutes an offence is liable to a fine of $200 to $2,000 and, for a subsequent offence, to a fine of $400 to $4,000.

2005, c. 29, s. 48.

50. The operator of a business who contravenes the provisions of section 21 is liable to a fine of $500 to $3,000 and, for a subsequent offence, to a fine of $1,000 to $8,000.

A manufacturer or distributor of tobacco products who contravenes the provisions of section 21 is liable to a fine of $2,000 to $300,000 and, for a subsequent offence, to a fine of $5,000 to $600,000.

1998, c. 33, s. 50.

51. A person who contravenes the provisions of section 22, 23 or 26, the provisions of the first or third paragraph of section 24, the provisions of the third paragraph of section 28 or the provisions of a regulation made under section 22, 25, 25.1 or 28 the violation of which constitutes an offence is liable to a fine of $2,000 to $300,000 and, for a subsequent offence, to a fine of $5,000 to $600,000.

1998, c. 33, s. 51; 2005, c. 29, s. 49.

52. A person who contravenes the provisions of section 27 is liable to a fine of $1,000 to $200,000 and, for a subsequent offence, to a fine of $2,000 to $400,000.

1998, c. 33, s. 52.

53. A manufacturer of tobacco products who contravenes the provisions of a regulation made under the first paragraph of section 29 is liable to a fine of $1,000 to $300,000 and, for a subsequent offence, to a fine of $5,000 to $600,000.

A distributor of tobacco products who contravenes the provisions of the last paragraph of section 29 is liable to a fine of $1,000 to $5,000 and, for a subsequent offence, to a fine of $2,000 to $10,000.

1998, c. 33, s. 53.

54. A manufacturer or distributor of tobacco products who refuses or neglects to file with the Minister a report that the Minister may require under section 30 or 31, who knowingly provides the Minister with false or misleading information or who contravenes the provisions of a regulation made under section 30 the violation of which constitutes an offence is liable to a fine of $1,000 to $5,000 and, for a subsequent offence, to a fine of $2,000 to $15,000.

1998, c. 33, s. 54.

54.1. The operator of a place or business who refuses or neglects to comply with a request under section 34.1 within the time period specified is liable to a fine of $300 to $2,000 and, for a subsequent offence, to a fine of $600 to $6,000.

If the operator of the place or business is a tobacco product manufacturer or distributor, the tobacco product manufacturer or distributor is liable to a fine of $1,000 to $5,000 and, for a subsequent offence, to a fine of $2,000 to $15,000.

2005, c. 29, s. 50.

55. A person who contravenes section 36 or 37 is liable to a fine of $300 to $2,000 and, for a subsequent offence, to a fine of $600 to $6,000.

1998, c. 33, s. 55.

56. Where a person is found guilty of an offence under this Act, the judge may impose an additional fine in addition to any other penalty, following an application by the prosecuting party appended to the statement of offence, equal to the amount of monetary benefit gained by the person as a result of the offence, even if the maximum fine is imposed under another provision.

1998, c. 33, s. 56.

57. Where the commission of an offence under sections 43 to 49.3 and 50 to 55 continues for more than one day, each day during which the offence continues shall constitute a separate offence.

1998, c. 33, s. 57; 2005, c. 29, s. 51.

57.1. Where a legal person, partnership or association commits an offence against this Act or a regulation, a director, officer, partner, employee or mandatary of the legal person, partnership or association who directed, authorized or advised the commission of the offence or consented to it is a party to the offence and is liable to the same penalty as that prescribed for committing the offence, whether or not the legal person, partnership or association has been prosecuted or found guilty.

2005, c. 29, s. 52.

57.2. A person who assists another person in committing an offence under this Act or a regulation or who, by encouragement, advice or consent, or by an authorization or an order, induces another person to commit such an offence, is guilty of an offence.

A person convicted of an offence under this section is liable to the same penalty as that prescribed for committing the offence which the person assisted in committing or induced to commit, whether or not the person who was assisted or induced has been prosecuted or found guilty.

2005, c. 29, s. 52.

CHAPTER X ADMINISTRATIVE PROVISIONS

58. The Minister must keep a register, called the register of fines, containing information concerning each guilty plea entered by the operator of a tobacco retail outlet and each conviction entered against such an operator in connection with an offence under the provisions of section 13, 14.2, 14.3, 20.4 or 20.5.

1998, c. 33, s. 58; 2005, c. 29, s. 53.

59. The operator of a retail outlet is prohibited from selling tobacco at the retail outlet if, for that retail outlet,

(1)  the operator was convicted of an offence under section 13, 14.2 or 14.3;

(2)  the operator was found guilty of a total of three offences under section 20.4 or 20.5 within five years.

The prohibition to sell tobacco under subparagraph 1 of the first paragraph applies for one month, six months or two years according to whether it is the operator’s first, second or third or more conviction under any of sections 13, 14.2 and 14.3 within five years.

The prohibition to sell tobacco under subparagraph 2 of the first paragraph applies for one month.

If a tobacco retail outlet under a prohibition to sell tobacco is also a cigar room, smoking cigars or pipe tobacco is also prohibited in that retail outlet for as long as the operator is prohibited from selling tobacco.

1998, c. 33, s. 59; 2005, c. 29, s. 54.

60. The Minister shall inform the Minister of Revenue of any prohibition from selling tobacco imposed on the operator of a tobacco retail outlet pursuant to section 59.

The Minister of Revenue shall then suspend, for the retail outlet concerned, and for the sale of tobacco, for the duration of the prohibition from selling tobacco, the registration certificate issued under the Act respecting the Québec sales tax (chapter T-0.1).

1998, c. 33, s. 60; 2005, c. 29, s. 55.

61. A prohibition from selling tobacco at a retail outlet, imposed pursuant to section 59, shall take effect on the lapse of 15 days from the time when a notice of suspension is served by the Minister of Revenue under section 17.9.1 of the Act respecting the Ministère du Revenu (chapter M‐31).

An operator of a tobacco retail outlet who is prohibited from selling tobacco pursuant to section 59 must remove all tobacco on display in the business and all tobacco advertising for the duration of the prohibition, failing which the Minister may have the tobacco or advertising removed at the operator’s expense. In such a case, once the prohibition expires, the operator of the tobacco retail outlet may, after paying storage charges, recover the tobacco or advertising at the place designated by the Minister. If the operator does not recover the tobacco or advertising within 60 days after the prohibition expires, the Minister may dispose of it as the Minister wishes and claim expenses from the operator.

1998, c. 33, s. 61; 2005, c. 29, s. 56.

CHAPTER XI AMENDING, TRANSITIONAL AND FINAL PROVISIONS

62. (Amendment integrated into c. I-2, s. 3).

1998, c. 33, s. 62.

63. (Amendment integrated into c. I-2, s. 5.0.2).

1998, c. 33, s. 63.

64. (Amendment integrated into c. I-2, s. 7).

1998, c. 33, s. 64.

65. (Amendment integrated into c. M-31, s. 17.9.1).

1998, c. 33, s. 65.

66. (Amendment integrated into c. T-0.1, s. 415.0.1).

1998, c. 33, s. 66.

67. (Amendment integrated into c. M-19.2, s. 3).

1998, c. 33, s. 67.

68. (Repealed).

1998, c. 33, s. 68; 2005, c. 29, s. 57.

69. (Repealed).

1998, c. 33, s. 69; 2001, c. 42, s. 7; 2005, c. 29, s. 57.

70. (Repealed).

1998, c. 33, s. 70; 2005, c. 29, s. 57.

71. (Repealed).

1998, c. 33, s. 71; 2005, c. 29, s. 57.

72. (Repealed).

1998, c. 33, s. 72; 2005, c. 29, s. 57.

73. (Repealed).

1998, c. 33, s. 73; 2005, c. 29, s. 57.

74. (Repealed).

1998, c. 33, s. 74; 2005, c. 29, s. 57.

75. The third paragraph of section 28 does not apply to trademarks appearing on tobacco products on sale in Québec on 14 May 1998.

1998, c. 33, s. 75; 2005, c. 29, s. 58.

76. (Repealed).

1998, c. 33, s. 76; 2005, c. 29, s. 57.

77. The Minister must, not later than 1 October 2010, make a report to the Government on the implementation of this Act.

The report shall be laid by the Minister before the National Assembly within 15 days or, if the Assembly is not sitting, within 15 days of resumption. The competent committee of the National Assembly shall examine the report.

1998, c. 33, s. 77; 2005, c. 29, s. 59.

78. The Minister of Health and Social Services is responsible for the administration of this Act.

1998, c. 33, s. 78.

79. (Omitted).

1998, c. 33, s. 79.

REPEAL SCHEDULES

In accordance with section 9 of the Act respecting the consolidation of the statutes and regulations (chapter R‐3), chapter 33 of the statutes of 1998, in force on 1 April 1999, is repealed, except section 79, effective from the coming into force of chapter T‐0.01 of the Revised Statutes.

In accordance with section 9 of the Act respecting the consolidation of the statutes and regulations (chapter R‐3), sections 2 to 15, 20, 41 to 45, 49, 58 to 66, 68 to 70 and 76 of chapter 33 of the statutes of 1998, in force on 1 April 2000, are repealed effective from the coming into force of the updating to 1 April 2000 of chapter T-0.01 of the Revised Statutes.