**The information contained in the Out-of-Home Advertising Guidelines (the “Guidelines”) is being provided for general information purposes only. The information in the Guidelines does not constitute legal or other professional advice or an opinion of any kind. Readers are advised to seek specific legal advice by contacting their own legal counsel regarding any of the information contained herein including, but not limited to, legislative interpretation or specific legal issues.  OMAC does not warrant or guarantee the quality, accuracy or completeness of any information provided.  Moreover, the information in the Guidelines that refers to third party information, including but not limited to government legislation, should not be relied upon as accurate, timely or fit for any particular purpose. Stated simply, readers should consult their legal counsel 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 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.

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Governed by the Tobacco Sales Act

Relating to promotional displays at point-of-sale

• No person shall advertise or promote the sale or use of tobacco in any place or premises in which tobacco is sold or offered for sale at retail.
• No person shall advertise or promote the sale or use of tobacco by means of an advertisement or promotional material in any place or premises in which tobacco is sold or offered for sale if the advertisement or promotional material is placed so that it is visible from the outside of the place or premises.

For the complete Tobacco Sales Act, visit:
http://www.gnb.ca/0062/PDF-acts/t-06-1.pdf

 
Amendments current as of May 1993
Date of OMAC update: November 2009