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An
Act to Implement the Framework Convention on Tobacco Control
An Act respecting Canada’s obligations under the Framework
Convention on Tobacco Control
Her Majesty, by and with the advice and consent of the Senate and
House of Commons of Canada, enacts as follows:
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FCTC Obligation |
Short title |
SHORT TITLE
1. This Act may
be cited as the Act to Implement the Framework Convention on Tobacco
Control. |
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Interpretation |
INTERPRETATION
2. The following
definitions apply in this Act….
(to be developed) |
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Purpose |
PURPOSE OF ACT
3. The purpose
of this Act is to fulfill Canada’s obligations under the Framework
Convention on Tobacco Control and its protocols. |
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Binding on Her
Majesty |
HER MAJESTY
4. This Act is
binding on Her Majesty in right of Canada or a province. |
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Order
designating Minister |
DESIGNATION OF MINISTER
5. The Governor
in Council may, by order, designate one or more members of the
Queen's Privy Council for Canada as the Minister or Ministers for
the purpose of any provision of this Act. |
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Article 5:
General Obligations |
Development of
a national strategy |
COMPREHENSIVE MULTISECTORAL national tobacco
control strategies
6.
The Minister shall develop and
implement a comprehensive multisectoral national tobacco control
strategy. |
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Article 5.2.
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Establishment
of a National Focal Point
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NATIONAL FOCAL POINT AND MONITORING
ACTIVITIES
7. (1) The
Minister shall establish and appropriately fund a national focal
point for tobacco control.
(2) The national focal point for tobacco control
shall consist of person or persons appointed by the Minister whose
interests, concerns and expertise contribute to the purpose of this
Act. |
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(3) The national focal point shall monitor the
actions taken in Canada to implement the treaty and shall take other
actions as appropriate to facilitate effective national and
international tobacco control.
(4) The national focal point shall periodically
review and update reports on the state of comprehensive
multisectoral national tobacco control strategies in place in
Canada. |
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Report to
Parliament
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REPORT TO PARLIAMENT
8 (1) The
Minister and the focal point shall report annually to Parliament,
within four months after the end of the fiscal year being reported,
on the implementation of the Framework Convention on Tobacco Control
and the achievement of its objectives.
(2) The Minister and the focal point may, at any
time, make a special report to Parliament. |
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Article 5
(general obligations)
Article 9
Regulation of the contents of tobacco products
Article 10
Regulation of tobacco product disclosures
Article 12
Education, communication, training and public awareness
Article 14
Demand reduction measures concerning tobacco dependence and
cessation
Article 18
Protection of the environment and the health of persons
Article 20
Research, surveillance and exchange of information |
Information to
be included (Minister’s Report) |
(3) The Minister’s report shall include
information on:
(a) the legislative, executive, administrative
and/or other measures taken by the federal government to prevent and
reduce tobacco consumption, nicotine addiction and exposure to
tobacco smoke;
(b) cooperative measures undertaken with other
governments in furtherance of the objectives of the treaty;
(c) resources allocated by the federal government
towards the implementation of the treaty in Canada and elsewhere;
(d) the level of tobacco consumption and exposure
to tobacco smoke among Canadians;
(e) the consequences of tobacco use in Canada,
including impact on mortality, morbidity, health care costs and the
economy; (f) reports filed with the Minister by tobacco companies
pursuant to regulations under the Tobacco Act;
(g) federal measures taken to increase public
awareness of and access to information regarding the adverse health,
economic, and environmental consequences of tobacco production and
consumption;
(h) federal initiatives to provide training or
sensitization and awareness programmes on tobacco control to health
workers, community workers, social workers, media professionals,
educators, decision-makers, administrators and other concerned
persons;
(i) federal measures taken to engage public and
private agencies and nongovernmental organizations not affiliated
with the tobacco industry in developing and implementing
intersectoral programmes and strategies for tobacco control; (j)
federal programmes aimed at promoting the cessation of tobacco use,
the availability of diagnosis and treatment of tobacco dependence
and counselling services and the accessibility and affordability of
treatments for tobacco dependence including pharmaceutical
products;.
(k) the impact on the Canadian environment
associated with the production and use of tobacco products;
(l) scientific research and monitoring and
surveillance activities respecting tobacco use and the consequences
thereof conducted by or funded by the government of Canada;
(m) reports filed with the Conference of the
Parties and subsidiary bodies, established pursuant to the Framework
Convention on Tobacco Control. |
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Article 5
(general obligations)
Article 12
Education, communication, training and public awareness
Article 14
Demand reduction measures
Article 18
Protection of the environment and the health of persons
Article 20
Research, surveillance and exchange of information |
Information to
be included (Focal Point’s report) |
(4) The report of the Focal Point shall include
information on:
(a) Information on the effective legislative,
executive, administrative and/or other measures taken by other
levels of government to prevent and reduce tobacco consumption,
nicotine addiction and exposure to tobacco smoke;
(b) A review of the comprehensive multisectoral
national tobacco control strategies, plans and programmes in place
in Canada in accordance with the Framework Convention on Tobacco
Control and its protocols and the resources allocated to them;
(c) details on educational and public awareness
programmes on the health risks associated with tobacco use in place
in Canada;
(d) details on initiatives to provide training or
sensitization and awareness programmes on tobacco control to health
workers, community workers, social workers, media professionals,
educators, decision-makers, administrators and other concerned
persons programmes in place in Canada;
(e) measures taken in Canada to engage public
and private agencies and nongovernmental organizations not
affiliated with the tobacco industry in developing and implementing
intersectoral programmes and strategies for tobacco control;
(f) measures taken in Canada to increase public
awareness of and access to information regarding the adverse health,
economic, and environmental consequences of tobacco production and
consumption;
(g) details on Canadian programmes aimed at
promoting the cessation of tobacco use, the availability of
diagnosis and treatment of tobacco dependence and counselling
services and the accessibility and affordability of treatments for
tobacco dependence including pharmaceutical products. |
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Article 8
Protection from exposure to tobacco smoke
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Protection from
exposure to tobacco smoke
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Protection from exposure to tobacco smoke
9. (1) The
Non-smokers' Health Act, R.S.C. 1985, c. 15 (4th Supp.)
is repealed.
(2) The Canada Labour Code, R.S. 1985, c. L-2 is
amended in Part II, section 125 by adding the following:
(z.20) ensure that there is no smoking in the
workplace.
(3) No person may be involuntarily exposed to
second hand smoke on any land or in any facility under federal
authority. |
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Article 11,
labelling |
Misleading
descriptors |
labelling of tobacco products
10.
(1) The Tobacco Act 1997 c. 13 is amended in Part IV by deleting
section 20 and replacing with:
20. (1) No
person shall promote a tobacco product by any means, including by
means of the packaging that are false, misleading, deceptive or
likely to create an erroneous impression about its characteristics,
health effects, hazards or emissions, including any term,
descriptor, trademark, figurative or any other sign that directly or
indirectly creates the false impression that particular tobacco
product is less harmful than other tobacco products.
(2) The
Minister may, at any time, direct manufacturers to cease using any
term specified on the list of banned descriptors in Schedule 1.
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health warnings
on tobacco products |
(2) The Tobacco Act 1997 c. 13 is amended in Part
III by deleting section 15(1) and replacing with:
15(1) No
manufacturer or retailer shall sell a tobacco product unless the
package it displays, in the prescribed form and manner, the
information contained in Schedule 2 or that require by regulations
about the product and its emissions, and about the harmful effects
of tobacco use.
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Article 16.
Sales to and by minors |
Protection of
minors – sale of candy cigarettes and pipes
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ban on Sale of Candy cigarettes
11.
The Tobacco Act, 1997, c 13 is amended in Part IV, section 22 by
replacing section 22 with:
22. No person shall promote, manufacture or
distribute candy that depicts or resembles a tobacco product or its
package or brand elements of one. |
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Article 13
Tobacco
advertising, promotion and sponsorship
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Promotion
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Promotion
12. (1) The
Tobacco Act 1997 c. 13 is amended in Part IV by deleting section 18
(1) and replacing with:
18 (1) In this Part, “promotion” means a
representation about a product or service by any means, whether
directly or indirectly, including any communication of information
about a product or service and its price and distribution that is
likely to influence and shape attitudes, beliefs and behaviours
about the product or service or which encourage the purchase of
tobacco products or certain brands of tobacco products. |
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endorsements
and testimonials |
(2) The Tobacco Act 1997 c. 13 is amended in Part
IV by deleting section 21 (c). |
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Facilities |
(3) The Tobacco Act 1997 c. 13 is amended in
Part IV by deleting section 25. |
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Accessories |
(4) The Tobacco Act 1997 c. 13 is amended in
Part IV by deleting section 26. |
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Brand
extensions |
(5) The Tobacco Act 1997 c. 13 is amended in
Part IV by deleting section 27 and replacing with:
25. No person shall
furnish or promote a tobacco product if any of its brand elements is
displayed on a non-tobacco product or is used with a service. |
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(6) The Tobacco Act 1997 c. 13 is amended in
Part IV by renumbering section 29 as section 26. |
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signs at retail |
(7) The Tobacco Act 1997 c. 13 is amended in
Part IV by deleting section 30 and replacing it with :
27 A retailer of tobacco
products may post, in accordance with the regulations and Schedule
3, signs at retail that indicate the availability of tobacco
products and their price. |
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import of
promotions |
(8) The Tobacco Act 1997 c. 13 is amended in
Part IV by renumbering section 31(1) as section 28 and deleting
section 31(2) and (3). |
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export of
promotions |
(9) The Tobacco Act 1997 c. 13 is amended in Part
IV by adding the following:
29.
No person shall import or export a tobacco promotion.
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(10) The Tobacco Act 1997 c. 13 is amended in
Part IV by renumbering section 32 as section 30. |
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Article 13. 4
(b) |
health warnings
on promotions |
Health Warnings on Promotions
13.
(3) The Tobacco Act 1997 c. 13 is
amended in Part IV by deleting section 24. and replacing it by:
24. No person shall promote a tobacco product
or a tobacco product-related brand element unless the promotion
displays, in the prescribed form and manner, the information
contained in Schedule 3. |
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regulations
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REGULATIONS
14.
The Tobacco Act 1997 c. 13 is
amended in Part IV by renumbering section 33 as section 30 and
amending it as follows:
30. The Governor in Council may make
regulations
(a) respecting the promotion of tobacco
products and tobacco product-related brand elements and the
packaging of tobacco products, including the form, manner and
conditions of the promotion and packaging,
(b) respecting the use of tobacco
product-related brand elements for the purposes of subsection 24
(c) respecting signs that a retailer may post
under subsection 27(1), including the placement of the signs and
their number, size and content;
(d) requiring manufacturers to disclose the
particulars of their tobacco product-related brand elements and
promotional activities;
(e) prescribing anything that by this Part is
to be prescribed; and
(f) generally for carrying out the purposes of
this Part. |
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Article 16.
Sales to and by minors |
Protection
of minors – banning vending machines. |
banning vending machines
15.
The Tobacco Act, 1997, c 13 is amended in Part II, section 12 by
deleting clause 12 and substituting with:
12. No person shall furnish or permit the
furnishing of a tobacco product by means of a device that dispenses
tobacco products. |
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Article 19:
Liability |
Liability |
Liabiality
16. The
Minister shall consider taking legislative or other action to deal
with criminal and civil liability of tobacco manufacturers. |
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Article 5.6.
and Article 26
Financial resources
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Funding for
global tobacco control |
Establishment of a Fund for Global Tobacco Control
17. (1) There
is hereby established a program, to be called the Canadian Fund for
Global Tobacco Control, the object of which is to provide for the
payment of contributions to eligible recipients for the carrying out
of projects that contribute to the implementation of the treaty in
areas outside of Canada. |
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(2) The following are eligible recipients:
(a) a national or municipal or regional
government
(b) an international organization whose
members include national governments
(c) a non-governmental organization |
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(3) The Minister
may enter into an agreement with an eligible recipient to provide
for the payment of a contribution for an eligible project. |
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Available funding |
(4) The funding provided by the Minister in each
year shall be drawn from the Consolidated Revenue Fund and shall be
an amount that is not less than 1% of federal revenues from excise
taxes and duties on tobacco products or 5% of the income of tobacco
companies operating in Canada, whichever is greater. |
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(5a) The federal revenues from excise taxes and
duties referred to in subsection (4)shall be those as reported by
the Canada Customs and Revenue Agency for the most recent fiscal
year for which information is available. |
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(5b) The income of tobacco companies operating
in Canada referred to in subsection (4) shall be as reported to the
Canada Customs and Revenue Agency for the most recent fiscal year
for which information is available. |
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preamble –
civil society participation |
civil society
participation
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civil society participation
18. (1) Any
citizen of Canada may apply to the Minister for an investigation of
actions or failures to act which the individual alleges breach
Canada’s obligations under the Framework Convention on Tobacco
Control and its protocols.
(3) The Minister shall acknowledge receipt of
the application within 20 days of the receipt and shall investigate
all matters that the Minister considers necessary to determine the
facts relating to the alleged offence.
(4) The Minister shall include in each report to
Parliament details on each allegation received under this section,
on the progress of the subsequent investigation and the subsequent
actions, if any, that the Minister has taken or proposes to take. |
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Schedules
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Schedules
19. (1)
The Tobacco Act, 1997, c 13
is amended by adding Schedule 1 to this act as Schedule 1 to the
Tobacco Act.
(2) The Tobacco Act, 1997, c.
13 is amended by adding Schedule 2 to this act as Schedule 2 to the
Tobacco Act.
(3) The Tobacco Act, 1997, c.
13 is amended by adding Schedule 3 to this act as Schedule 3 to the
Tobacco Act.
(4)
The Tobacco Act, 1997, c. 13 is amended by adding the following
Section 31:
31. The Governor in Council may, by order,
amend any of Schedules 1 to 3 by adding to them or deleting from
them any item or portion of an item, where the Governor in Council
deems the amendment to be necessary in the public interest. |
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Regulations |
regulations
20. (1) The
Governor in Council may make regulations generally for the carrying
out of the purposes and provisions of this Act.
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