Last updated: July 20, 2021

Penalties

Sanctions

Sales Restrictions

Fine, Business License suspension or revocation, Jail, Other

(e.g., seizure of the product, publication of the violation/violator)

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Analysis

The sale of single cigarettes is liable on summary conviction to a fine not exceeding $50,000 CAD or to imprisonment for a term not exceeding six months, or to both. The sale of tobacco products by vending machine is liable on summary conviction (a) for a first offense, to a fine not exceeding $3,000 CAD; and (b) for a subsequent offense, to a fine not exceeding $50,000 CAD.

A person who commits or continues an offense under this Act on more than one day is liable to be convicted for a separate offense for each day on which the offense is committed or continued.

Corporate officers and directors may be held liable for an offense, regardless of whether the corporation has been prosecuted. In addition, if a court is satisfied that as a result of the commission of the offense the offender acquired any monetary benefits, the court may impose an additional fine in an amount equal to the court’s estimation of the amount of those monetary benefits. The court may further impose any of the following penalties in its discretion: 1) prohibiting the offender from doing any act or engaging in any activity that is likely to result in the continuation or repetition of the offense; 2) prohibiting the offender from selling tobacco products and vaping products for a period of not more than one year, in the case of a subsequent offense for a violation regarding tobacco sales to a minor and vending machine sales; 3) directing the offender to publish, in the manner directed by the court, the facts relating to the commission of the offense; 4) directing the offender to post any bond or pay any amount of money into court that will ensure compliance with an order made pursuant to this section; 5) directing the offender to compensate the Minister, in whole or in part, for the cost of any remedial or preventive action taken by the Minister as a result of the offense; 6) directing the offender to pay an amount for the purposes of conducting research into any matters relating to tobacco products and vaping products that the court considers appropriate.

Location-based Sales Restrictions

N/A
Analysis

There are no location-based sales restrictions; therefore, there are no associated penalties.

Minimum Retail Package Size

Fine, Jail
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Analysis

A person who violates minimum retail package size requirements is liable on summary conviction to a fine not exceeding $50,000 CAD or to imprisonment for a term not exceeding six months, or to both.

Minimum Legal Sales Age

Fine
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Analysis

A person who sells tobacco products to a person under the minimum legal sales age is liable on summary conviction: (a) for a first offense, to a fine not exceeding $3,000 CAD; and (b) for a subsequent offense, to a fine not exceeding $50,000 CAD.