** The following is a summary that is meant as a guide to assist in placing campaigns related to tobacco advertising. It is recommended that the official legislation and legal counsel be consulted before undertaking or accepting any advertising to ensure legal obligations and interpretations are accurate.
Tobacco law is governed federally however provinces and municipalities may enact their own bylaws. Where there is a conflict between a provision of the federal Act and a provision of a provincial bylaw that regulates, restricts or prohibits smoking, the more restrictive provision prevails. In most cases provincial statutes do not address general media advertising but detail from the corresponding Act follows for your information.
Governed by British Columbia Tobacco Control Act
- A person must not deal in, sell, offer for sale, distribute, provide, advertise or promote the use of tobacco:
- In a manner that allows a consumer or purchaser of tobacco to be deceived or misled concerning its character, toxicity, composition, merit or safety, or
- In a manner that interferes with initiatives by government to prevent injury to the health of a consumer or purchaser of tobacco or to restrain the use and consumption of tobacco.
- If minors are allowed in a store, then tobacco products and promotional items cannot be displayed.
For the complete Tobacco Control Act, see:
Amendments current as of November 2013
Date of OMAC Update: December 2013