The Tobacco Act

The 1997 Tobacco Act regulates the manufacture, sale, labelling and promotion of tobacco products.

Objectives

The Act aims to protect the health of Canadians in light of conclusive evidence implicating tobacco use in the incidence of numerous debilitating and fatal diseases; to protect young persons and others from promotion of harmful tobacco products and the consequent dependence on them; to protect the health of young persons by restricting access to tobacco products; and to enhance public awareness of the health hazards of using tobacco products.

Highlights

• manufacturers of a tobacco product must provide information about the product and its emissions to the Minister of Health;
• tobacco products may not be furnished to a young person in a public place or in a place which the public reasonably has access;
• manufacturers and retailers may not sell a tobacco product unless the packaging displays information about the product and its emissions, and about the health hazards and health effects arising from the use of the product or from its emissions; and
• tobacco products or tobacco product-related brand elements may not be promoted, except as authorized by this Act or the regulations.

Tobacco Act Challenge

In 1997, the three largest tobacco manufacturers in Canada launched a constitutional challenge of the Tobacco Act primarily regarding the validity of restrictions on promotion. They later amended their challenge to include the Tobacco Reporting Regulations and the Tobacco Products Information Regulations.

On December 13, 2002, the Quebec Superior Court upheld the Tobacco Act and its regulations. On August 22, 2005, the Quebec Court of Appeal maintained the validity of the regulations and of most of the Act; it however declare inoperable certain portions of the Act. The Attorney General of Canada sought leave to appeal this decision to the Supreme Court of Canada in October 2005. The tobacco companies also sought leave to cross-appeal this decision to the Supreme Court of Canada.

On March 23, 2006, the Supreme Court of Canada granted leave for both the appeal and the status of intervener to the Canadian Cancer Society.

An Act to amend the Tobacco Act

Parliament passed an Act to amend the Tobacco Act in 1998. This amendment provided for a five-year transitional period that led to a ban on sponsorship promotions effective October 1, 2003. It is now against the law to promote a tobacco product-related brand element or the name of a tobacco manufacturer in association with the sponsorship of a person, entity, event, activity or permanent facility.