An Act to amend the Hazardous Products Act (fire-safe cigarettes)

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An Act to amend the Hazardous Products Act (fire-safe cigarettes)

S.C. 2004, c. 9

Assented to 2004-03-31

An Act to amend the Hazardous Products Act (fire-safe cigarettes)


This enactment amends the Hazardous Products Act by adding to the list of prohibited products cigarettes that do not meet the flammability standard to be set out in the regulations.

R.S., c. H-3Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:

Marginal note:1997, c. 9, s. 104, c. 13, s. 61

1. Subsection 3(2) of the Hazardous Products Act is replaced by the following:

Marginal note:Restrictions on application

(2) This Part does not apply to the advertising, sale or importation of a tobacco product as defined in section 2 of the Tobacco Act or the advertising of lighters or matches that display a tobacco product-related brand element, except to the extent that a cigarette described in item 41 of Part I of Schedule I is a prohibited product.

Marginal note:Minister to report to Parliament

(3) If the Governor in Council does not make a regulation under paragraph 5(b.1) on or before June 30, 2004,

(a) the Minister shall prepare a report;

(b) the Minister shall cause a copy of the report to be tabled in each House of Parliament on any of the first ten days on which that House is sitting after June 30, 2004; and

(c) each House shall refer the report to the appropriate Committee of that House.

Marginal note:Report to explain why no regulation

(4) The report is to include

(a) an explanation as to why the regulation has not been made;

(b) a schedule for the making of the regulation;

(c) a list of the safe-cigarette legislation in force in North America; and

(d) summaries of any scientific studies that have been reviewed by the Minister during the process of establishing the flammability standards to be used to test cigarettes.

Marginal note:R.S., c. 24 (3rd Supp.), s. 1

2. Section 5 of the Act is amended by striking out the word “and” at the end of paragraph (b) and by adding the following after paragraph (b):

(b.1) prescribing the method and flammability standard to be used to test cigarettes; and

3. Part I of Schedule I of the Act is amended by adding the following in numerical order:

41. Cigarettes that, when tested in accordance with the method set out in the regulations, do not meet the requirements of the flammability standard set out in the regulations.

4. This Act comes into force on December 31, 2004.