L-6.2 - Tobacco Control Act

À jour au 1^er avril 1999

Ce document a valeur officielle.

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.

This Act is binding on the State.

1998, c. 33, s. 1.

CHAPTER III SALE OF TOBACCO

16. The operator of a place or business may not cause an automatic vending machine designed for the sale of tobacco to be installed or left or kept in a place except a place or business where minors are not admitted pursuant to the Act respecting offences relating to alcoholic beverages (chapter I‐8.1) or, where the machine is equipped with remote electronic control, in a place or business for which the operator holds a restaurant sales permit or a restaurant service permit within the meaning of the Act respecting liquor permits (chapter P‐9.1).

The operator must post on the vending machine a warning attributed to the Minister concerning the harmful effects of tobacco on health as soon as the warning is provided by the Minister.

In addition, the automatic vending machine must be installed in such a way that the operator of the place or business is able to monitor the use of the machine directly to ensure that no minor has access to it.

1998, c. 33, s. 16.

17. The sale of tobacco is prohibited

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

(2)  on the grounds of or within the premises of a school providing instruction at the elementary or secondary level;

(3)  on the grounds of or within the facilities of a childcare centre or other childcare service.

1998, c. 33, s. 17.

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 business 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.

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, 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, as consideration for a purchase of tobacco or on presentation of proof of purchase of tobacco.

1998, c. 33, s. 21.

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 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 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.

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)  contains no warning attributed to the Minister concerning the harmful effects of tobacco on health.

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.

All advertising must be forwarded to the Minister upon being disseminated.

1998, c. 33, s. 24.

25. The Government may make regulations

(1)  determining standards relating to advertising and promotion;

(2)  prescribing standards relating to the display of tobacco in tobacco retail outlets and to the display of specialized publications about tobacco or about products associated with the use of tobacco, whatever the medium of the publication;

(3)  determining standards relating to the appearance and placement of tobacco vending machines;

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

1998, c. 33, s. 25.

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. The affixing, on an object that is not a tobacco product, of a name, logo, brand element, design or slogan that is directly associated with tobacco, a tobacco product, a brand of tobacco product or a manufacturer of tobacco products, except colour, is considered to be advertising and is prohibited.

1998, c. 33, s. 27.

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 COMPOSITION

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.

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 section 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 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.

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 section 2;

(2)  verify the layout of the place inspected to ascertain whether the places where smoking is permitted under sections 3 to 8 meet the requirements of sections 3 to 8 or of the regulations made under section 12, and for that purpose take air or other samples;

(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 referred to in sections 10 and 15 meet the requirements of those sections or of the regulations made under subparagraph 3 of the second paragraph of section 12;

(9)  verify whether the display of tobacco products and specialized publications on tobacco and consumer products associated with tobacco, whatever the medium, meets the requirements of section 15 and the regulations made under section 25;

(10)  verify whether the placement of tobacco vending machines meets the requirements of section 16 and the regulations made under section 25;

(11)  conduct tests to ascertain compliance with sections 13 and 16 to 20.

1998, c. 33, s. 34.

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.

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

46. The operator of a place or business who contravenes the provisions of section 16, 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.

47. A person who contravenes the provisions of section 17 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. 47.

48. A person who contravenes the provisions of section 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.

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 and third paragraphs of section 24, the provisions of the last paragraph of section 28 or the provisions of a regulation made under section 22, 25 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.

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.

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 48 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.

CHAPTER XI AMENDING, TRANSITIONAL AND FINAL PROVISIONS

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

1998, c. 33, s. 67.

71. Section 18 applies from 1 October 2000.

1998, c. 33, s. 71.

72. Sponsorship agreements entered into before 14 May 1998, or the signing of which constitutes the renewal of an agreement, that relate to the financing of an activity referred to in section 22 that is scheduled to take place on or before 1 October 2000 may be executed. However, the maximum amount that may be paid pursuant to each contract may not exceed the amount provided for in the contract on 11 June 1998.

In addition, under such contracts, material related to any promotion referred to in section 22 may be used on the site of the activity until 1 October 2003.

However, outside the site of the activity, such promotion may not occupy more than 10% of the surface area of any promotional material related to the activity until 1 October 2003.

The promotional material referred to in the third paragraph may appear only

(1)  in publications sent by mail and addressed to a named adult;

(2)  in publications that have an adult readership of not less than 85%;

(3)  on posters placed in a place or business where minors are not admitted pursuant to the Act respecting offences relating to alcoholic beverages (chapter I‐8.1).

1998, c. 33, s. 72.

73. Section 23 applies to a contract in effect on 14 May 1998, from 1 October 2003.

1998, c. 33, s. 73.

74. The Government may, on such conditions as it may fix but only until 1 October 2003, grant a subsidy to persons and bodies who, on or before 1 October 2000, prove to the Minister that they have renounced all sponsorship under contracts referred to in the first paragraph of section 72.

The Government may, in particular, make the granting of subsidies dependent on the applicants agreeing to broadcast messages attributed to the Minister, as part of their activities, bearing on health or on the harmful effects of tobacco on health.

1998, c. 33, s. 74.

75. The last 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.

77. The Minister must, not later than 1 October 2005, 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.

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 SCHEDULE

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.

Any provisions referred to in this Act as “not in force” will come into force on 17 December 1999 or on any earlier date or dates fixed by order of the Government (1998, c. 33, s. 79).