Report to the Conference of the Parties on the Implementation of the Framework Convention on Tobacco Control

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Part IV: Legislative, executive, administrative and other measures

• 2. Sales to and by minors
  
  1. Prohibiting the sales of tobacco products to minors
  2. Prohibiting or promoting the prohibition of the distribution of free tobacco products to the public, especially to minors
  3. Retail Display
  4. Candy Cigarettes
  5. Prohibiting the sale of cigarettes individually
  6. Providing for penalties against sellers and distributors

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2. Sales to and by minors

(a) Prohibiting the sales of tobacco products to minors

Subsection 8(1) of the  Tobacco Act states that "No person shall furnish a tobacco product to a young person in a public place or in a place to which the public reasonably has access". For the purposes of this Act a young person is defined as a person under the age of 18 years. 'Furnishing' under the Act means "to sell, lend, assign, give or send, with or without consideration, or to barter or deposit with another person for the performance of a service".

Five provinces and one territory set the age for legal sale higher than that found in the federal Tobacco Act by prohibiting tobacco sales to minors under the age of 19 years. These include (see Section 2 of the Appendices for copies of these Acts):

Nova Scotia: Subsection 5(1)  Tobacco Access Act
New Brunswick: Subsection 5(1)  Tobacco Sales Act
Newfoundland and Labrador: Subsection 4(1)  Tobacco Control Act
Ontario: Subsection 3(1)  Smoke-Free Ontario Act
British Columbia: Subsection 11(2)(g)  Tobacco Sales Act
Nunavut: Subsection 3(1)  Consolidation of Tobacco Control Act (PDF Version - 70 K)

(b) Prohibiting or promoting the prohibition of the distribution of free tobacco products to the public, especially to minors

Section 29(a-c) of the  Tobacco Act prohibits manufacturers or retailers from providing incentives for the purchase of tobacco products, providing free tobacco products or free merchandise with brand logos. This section also prohibits cash rebates and games or contests for tobacco products.

(c) Retail Display

Seven provinces and territories representing 70% of the Canadian population have passed laws (or are in the process of passing laws) to eliminate tobacco retail promotions including powerwalls. These provinces include: Saskatchewan, Manitoba, Nunavut, Prince Edward Island, Quebec (2008), Ontario (fully effective 2008), Northwest Territories, Nova Scotia (to be proclaimed).

The Province of Saskatchewan was the first province in Canada to prohibit the display of tobacco and tobacco related products in tobacco retail establishments that permit access to people under the age of 18 years, as per Section 6(3) of the Saskatchewan Tobacco Control Act.

(d) Candy Cigarettes

Section 4 of the Nunavut Tobacco Control Act specifically prohibits the sale of products appearing to be tobacco products, including candy cigarettes.

(e) Prohibiting the sale of cigarettes individually

Under subsection 10(1) of the  Tobacco Act cigarettes must be sold in a package that contains "at least 20 cigarettes or at least a prescribed number of cigarettes, which shall be more than 20". In addition, the  Excise Act, 2001 requires that cigarettes must be sold in the original package.

The province of Saskatchewan also restricts packages of cigarillos to "a package that contains no fewer than five cigarillos" - Subsection 5(2) of the Saskatchewan Tobacco Control Act (Appendix 2-L-2).

(f) Providing for penalties against sellers and distributors

Part VI "Offences and Punishment" of the  Tobacco Act outlines penalties and fines for contravening the Act, including sales to youth and the distribution of free tobacco products. Both retailers and distributors are subject to these penalties. Penalties for these types of offences can range from $3,000 to $300,000 and can include imprisonment for a term from six months to two years.

In addition, all provinces and territories who issue licences for wholesalers and retailers of tobacco also include provisions for the revocation of licences for various offences under their respective tobacco tax acts.