This tool1 aims to support tobacco retailers in their efforts to implement and
enforce the Tobacco Act. By implementing and enforcing the law, retailers and
their employees play an important role in tobacco control, especially with young
people. This tool offers them:
-
actions to be taken to implement the law in their retail store
an overview of the retailer’s obligations under the Tobacco Act
an example of an in-house tobacco policy
information on official documents to be used to verify the age of a customer
an example of an employee agreement
1
The tool contains information extracted from the Trousse du détaillant (Ministère de la santé et des services
sociaux). For the full text, consult the document (French only).
Source : MSSS (2015). Trousse du détaillant, p.73.
[http://www.msss.gouv.qc.ca/sujets/santepub/tabac/index.php?detaillants_produits_du_tabac]
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To the retailer1
By applying the Tobacco Act in your tobacco retail outlet you play an important role in tobacco control
and smoking prevention among young people. Your employees also play an important role and must
comply with the requirements of the law. To help them fulfill their role and to comply with the
requirements of the law, we offer some simple actions and the following tools:
- overview of your obligations under the Tobacco Act;
- example in-house tobacco policy
- information on the use of official documents to be used to verify the age of a customer
- example agreement to be negotiated with your employees
Possible actions to implement and enforce the law in a retail operation1
Give clear instructions to comply with the requirements of the law to all employees
 To do this, write an in-house policy on tobacco and make it known to employees (see the
sample policy included below)
Train and equip staff
 Provide all employees with thorough training on the Tobacco Act and the in-house policy
 Provide them with practical advice to properly comply with the law.
For example, teach them how to use official documents to better estimate the age of the
customer (see the information on the use of official documents to be used to verify the age of a
customer)
Secure an agreement with the employee
 Meet with each employee individually and discuss their understanding and knowledge of the
Tobacco Act and in-house policy
Have the employee sign a written agreement stipulating that he or she understands the
requirements of the Tobacco Act (see the example agreement to be signed with the employee)
Oversee compliance with the Act and your in-house policy
 Assist new employees during their first tobacco sales
 Give employees periodic reminders of the requirements of the Tobacco Act and the in-house
policy
1As
an operator of a tobacco retail outlet you are required to comply with the provisions governing tobacco retail sales. For a full understanding
necessary for the implementation and application of the law, consult the Trousse du détaillant (at the following address:
http://www.msss.gouv.qc.ca/sujets/santepub/tabac/download.php?f=c29041483acc55090b67bdafc3e32658). You can also consult the full text of
the Tobacco Act at this address:
http://www2.publicationsduquebec.gouv.qc.ca/dynamicSearch/telecharge.php?type=2&file=/T_0_01/T0_01.html
Source : MSSS (2015). Trousse du détaillant, p.73.
[http://www.msss.gouv.qc.ca/sujets/santepub/tabac/index.php?detaillants_produits_du_tabac]
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Overview of the retailer’s obligations and fines for violations
This table can help you prepare the training you give your employees. For all details regarding your obligations,
sanctions and fines for violations, see the Trousse du détaillant.
OVERVIEW OF OBLIGATIONS OF THE OPERATOR
OF A TOBACCO RETAIL OUTLET1
OVERVIEW OF FINES IN CASE
OF INFRACTION1
Smoking
Do not tolerate smoking in the store
$400 to $4,000
(Anyone who smokes in the store (or in a place where it is prohibited to do so) is liable to a fine of
$50 to $300)
Sale of tobacco
$300 to $2,000

Do not keep tobacco in such a way that customers can have access without the
help of an attendant (11)
Do not sell tobacco retail other than at a point of sale
$2,000 to $25,000

Do not sell cigarettes except in a package that contains at least 20 cigarettes
$300 to $2,000

Do not tolerate smoking in the tobacco retail outlet (13)
$400 to $4,000

Do not sell tobacco retail to a consumer without being in the physical presence
of him or her

Display

Do not display tobacco or tobacco packaging in public view p. 24-25)
$2,000 to $25,000
$300 to $2,000
Required notices3

Post a notice prohibiting the sale of tobacco to minors and a warning attributed
to the Minister concerning the harmful effects of tobacco on health, and
$200, $400
forbidding smoking on the premises


Post such notices in public view, on or next to each cash register used for
tobacco sales
Indicate, through notices installed in sight of people using the tobacco retail
$200 to $2,000
outlet, the places where it is forbidden to smoke
$400 to $4,000
Supplying tobacco to minors is prohibited

Do not sell tobacco to minors
$500 to $2,000

Do not sell tobacco to an adult knowing it is being purchased for a minor
$500 to $2,000

Do not give tobacco to a minor
$500 to $2,000
3To
obtain posters and stickers: visit the website of the Ministère de la santé et des services sociaux
(www.msss.gouv.qc.ca/sujets/santepub/tabac.html) and fill out order form or contact the Service de lutte contre le tabagisme 1877-416-8222.
Source : MSSS (2015). Trousse du détaillant, p.73.
[http://www.msss.gouv.qc.ca/sujets/santepub/tabac/index.php?detaillants_produits_du_tabac]
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Example of an in-house tobacco policy
TO ALL EMPLOYEES
Operator’s name:_____________________________________ Date :_____________________
Address:________________________________________________________________________
_______________________________________
Tobacco use
 It is prohibited for anyone to smoke anywhere inside the premises at any time, including
washrooms, offices and stockrooms or warehouses. Under the Tobacco Act, anyone who
violates that prohibition is liable to a minimum fine of $50.
 You are prohibited from allowing anyone to smoke inside the premises. If someone
smokes inside the tobacco retail outlet, you must politely ask him or her to extinguish
the cigarette or take it outside.
Tobacco sale
 You are prohibited from:
- Selling tobacco or the following smoking accessories to minors: pipes, cigarette
holders, cigarette tubes, rolling paper and filters. Under the Tobacco Act, any
employee who sells to minors is liable to a minimum fine of $100.
- Giving tobacco to anyone.
- Selling individual cigarettes.
- Selling tobacco to anyone of age if you know the tobacco is being purchased for a
minor.
- Selling tobacco to anyone who cannot show official I.D. proving that he or she is 18
years of age or older.
 You must ask for official I.D. from anyone wishing to purchase tobacco who appears to
be 25 years of age or younger.
 You are prohibited from removing or defacing notices posted inside the tobacco retail
outlet indicating that smoking is prohibited and that tobacco cannot be sold to minors,
or the Minister’s warning about the harmful effects of tobacco on health.
Use of official documents to verify the age of the buyer
What documents can be used to verify the age of a person wishing to buy tobacco products?
-
 Official documents
Driver’s license (with photograph)
Health insurance card
Canadian passport
Source : MSSS (2015). Trousse du détaillant, p.73.
[http://www.msss.gouv.qc.ca/sujets/santepub/tabac/index.php?detaillants_produits_du_tabac]
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-
Any other document (original, valid and not expired) issued by a provincial or federal
authority or by a foreign government that includes the photograph, date of birth, name
and signature of the document holder
OR
 Student card
(issued by a public authority such as a school board) including the photograph,
name, date of birth and signature of the holder
What are the signs to watch for to detect falsified documents?
-
-
The dates seem to have been changed
E.g., the characters of the date on the document are not identical to those of the
rest of the document
The surface of the paper is scratched so that the dates cannot be read
The corners of the document are detached
The photograph seems to have been replaced
How should an official document or a student card be read?
-
Take the document in your hands and examine it from both sides
Ensure that the photograph is of the person in front of you, that the person is 18
years old, that the name and signature appear on the document or card
What should I do if I doubt the authenticity of any official document or student card?
-
Use caution and refuse to sell the tobacco products
Source : MSSS (2015). Trousse du détaillant, p.73.
[http://www.msss.gouv.qc.ca/sujets/santepub/tabac/index.php?detaillants_produits_du_tabac]
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Example of an employee agreement
As an employee, I fully understood the Tobacco Act requirements that apply to the tobacco retail
outlet, as well as the in-house tobacco policy established by my employer.



I understand that under the Tobacco Act:
- The word “tobacco” includes in addition to tobacco, cigarettes, pipes, cigarette
holders, and cigarette tubes, rolling paper and filters;
- It is prohibited for anyone to smoke inside the tobacco retail outlet at any time;
- I am prohibited from selling individual cigarettes;
- I am prohibited from selling or giving tobacco to minors;
- I am liable to a $100 fine if I sell tobacco to a minor;
- I am prohibited from selling tobacco to anyone of age if I know the tobacco is being
purchased for a minor;
- My employer is liable to a $500 fine if I sell or give tobacco to a minor or sell tobacco
to a person of age knowing that it is being purchased for a minor;
- My employer will be prohibited from selling tobacco if found guilty of selling or
giving tobacco to a minor or selling tobacco to a person of legal age knowing it is
being purchased for a minor. I understand that the prohibition will apply for a period
ranging from one month to two years, depending on the number of offences.
I understand that my employer’s in-house tobacco policy requires me to request official
I.D. from anyone wishing to purchase tobacco who appears to be 25 years of age or
younger.
I understand the obligations that apply to me under the Act and the in-house tobacco
policy established by my employer, and agree to abide by them.
I, the undersigned, _______________________________________ hereby declare that I have
understood the requirements under the Tobacco Act and the in-house tobacco policy established
by my employer.
Source : MSSS (2015). Trousse du détaillant, p.73.
[http://www.msss.gouv.qc.ca/sujets/santepub/tabac/index.php?detaillants_produits_du_tabac]
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To obtain this poster: visit the website of the Ministère de la santé et des services sociaux
(www.msss.gouv.qc.ca/sujets/santepub/tabac.html) and fill out order form or contact the Service de lutte contre le
tabagisme 1-877-416-8222.
Source : MSSS (2015). Trousse du détaillant, p.73.
[http://www.msss.gouv.qc.ca/sujets/santepub/tabac/index.php?detaillants_produits_du_tabac]
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