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ARTICLE · 31 MAY 2018

Parliament Gives Green Light On Plain Packaging Requirements For Tobacco Products

Parliament recently passed Bill S-5, An Act to amend the Tobacco Act and the Non-smokers' Health Act and to make consequential amendments to other Acts (the "Bill").

CanadaIntellectual Property

Summary

Parliament recently passed Bill S-5, An Act to amend the Tobacco Act and the Non-smokers' Health Act and to make consequential amendments to other Acts (the "Bill"). The Bill provides the legislative foundation for implementing standardized packaging requirements for tobacco products in Canada.

Background

In the Minister of Health Mandate Letter dated November 12, 2015, the Minister was tasked by the Trudeau government with "introduce[ing] plain packaging requirements for tobacco products, similar to those in Australia and the United Kingdom." The Bill is a manifestation of that mandate.

New Bill

While the Bill does not itself set out the specific requirements for plain packaging of tobacco products, it amends the Tobacco Act (renamed the Tobacco and Vaping Products Act by the Bill) to permit the implementation of a new regulatory framework that requires plain packaging of tobacco products in Canada. By way of example, new regulations could require

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