Tobacco Products Information Regulations (SOR/2000-272)

Regulations are current to 2017-08-27 and last amended on 2016-05-20. Previous Versions

Application

Marginal note:Retail sale

 These Regulations apply to every package of tobacco products, other than cigarettes as defined in section 1 of the Tobacco Products Labelling Regulations (Cigarettes and Little Cigars) and little cigars, that is intended for retail sale.

  • SOR/2011-179, s. 2.

General

Marginal note:Must be legible
  •  (1) Any written information that is required by these Regulations to be displayed shall be displayed

    • (a) in both official languages, in the same manner; and

    • (b) in a manner that ensures that the information is legible and prominently displayed.

  • Marginal note:Health warnings and health information

    (2) Health warnings and health information shall

    • (a) except for those set out in subsections 5(4) to (6), be obtained from the Minister and reproduced from electronic images obtained from the electronic files used by the Minister to generate the source document; and

    • (b) be adapted to meet the requirements of paragraph 5(2)(b).

  • Marginal note:Colour and clarity

    (3) All health warnings and health information shall be reproduced

    • (a) in a colour that is as close as possible to the colour in which they are set out in the source document; and

    • (b) as clearly as possible taking into consideration the method of printing used by the manufacturer.

  • SOR/2011-179, s. 3(F).
Marginal note:Attribution
  •  (1) If a manufacturer attributes health warnings or health information that in accordance with these Regulations must be displayed, the manufacturer shall do so by displaying only the phrase “Health Canada” under the English health warning or health information and the phrase “Santé Canada” under the French health warning or health information. The attribution, which is contained in the electronic files referred to in paragraph 3(2)(a), shall be displayed in the same colour as the text of the health warning or health information and in Universal type in a pitch that is not greater than the smallest pitch used in the attributed health warning or health information.

  • Marginal note:Removal of attribution

    (2) Every manufacturer that does not attribute a health warning or health information may remove the attribution contained in the electronic files referred to in paragraph 3(2)(a).

  • SOR/2011-179, s. 4.

Health Warnings

Marginal note:Obligation to display
  •  (1) Subject to subsections (4) to (6), every manufacturer of bidis, chewing tobacco, cigarette tobacco, kreteks, leaf tobacco, pipe tobacco (other than pipe tobacco described in section 6), snuff or tobacco sticks shall display the applicable health warnings for the tobacco product on every package of the tobacco product that it manufactures, in accordance with this section.

  • Marginal note:Manner of display

    (2) The health warnings must

    • (a) be displayed in English on one principal display surface and in French on the other principal display surface;

    • (b) occupy at least 50% of the principal display surfaces and be positioned parallel to the top edge of the package, towards the top part of the package as much as possible while satisfying the requirements of paragraph (c), and in the same direction as the other information that is on the package;

    • (c) be displayed on a principal display surface in a manner that ensures that none of the words of the warning will be severed when the package is opened; and

    • (d) be selected, except in the case of bidis, chewing tobacco and snuff, from the formats that are set out in the source document for each health warning and based on the shape of the space as determined in accordance with paragraph (b).

  • Marginal note:Pitch

    (3) A health warning referred to in subsections (4) to (6) shall be displayed using black characters on a white background in Helvetica bold type in a pitch that results in it occupying not less than 60% and not more than 70% of the area in which it is displayed as determined in accordance with paragraph (2)(b).

  • Marginal note:Bidis

    (4) Every manufacturer of bidis shall display one of the following bilingual health warnings on every package of bidis that they manufacture, in accordance with subsection (7):

    • (a) “USE OF THIS PRODUCT CAN CAUSE CANCER” and “L’USAGE DE CE PRODUIT PEUT CAUSER LE CANCER”;

    • (b) “TOBACCO SMOKE HURTS CHILDREN” and “LA FUMÉE DE TABAC NUIT AUX ENFANTS”;

    • (c) “TOBACCO SMOKE CAN CAUSE FATAL LUNG DISEASES” and “LA FUMÉE DE TABAC PEUT CAUSER DES MALADIES PULMONAIRES MORTELLES”; or

    • (d) “TOBACCO SMOKE CONTAINS HYDROGEN CYANIDE” and “LA FUMÉE DE TABAC CONTIENT DE L’ACIDE CYANHYDRIQUE”.

  • Marginal note:Chewing tobacco and oral snuff

    (5) Every manufacturer of chewing tobacco or oral snuff shall display one of the following bilingual health warnings on every package of chewing tobacco or oral snuff that they manufacture, in accordance with subsection (7):

    • (a) “THIS PRODUCT IS HIGHLY ADDICTIVE” and “CE PRODUIT CRÉE UNE FORTE DÉPENDANCE”;

    • (b) “THIS PRODUCT CAUSES MOUTH DISEASES” and “CE PRODUIT CAUSE DES MALADIES DE LA BOUCHE”;

    • (c) “THIS PRODUCT IS NOT A SAFE ALTERNATIVE TO CIGARETTES” and “CE PRODUIT N’EST PAS UN SUBSTITUT SÉCURITAIRE À LA CIGARETTE”; or

    • (d) “USE OF THIS PRODUCT CAN CAUSE CANCER” and “L’USAGE DE CE PRODUIT PEUT CAUSER LE CANCER”.

  • Marginal note:Nasal snuff

    (6) Every manufacturer of nasal snuff shall display one of the following bilingual health warnings on every package of nasal snuff that they manufacture, in accordance with subsection (7):

    • (a) “THIS PRODUCT IS NOT A SAFE ALTERNATIVE TO CIGARETTES” and “CE PRODUIT N’EST PAS UN SUBSTITUT SÉCURITAIRE À LA CIGARETTE”;

    • (b) “THIS PRODUCT CONTAINS CANCER CAUSING AGENTS” and “CE PRODUIT CONTIENT DES AGENTS CANCÉRIGÈNES”;

    • (c) “THIS PRODUCT MAY BE ADDICTIVE” and “CE PRODUIT PEUT CRÉER UNE DÉPENDANCE”; and

    • (d) “THIS PRODUCT MAY BE HARMFUL” and “CE PRODUIT PEUT ÊTRE NOCIF”.

  • Marginal note:Equal display

    (7) Every manufacturer shall, in respect of each type of package of each brand of tobacco product that the manufacturer packages in a year, display each health warning

    • (a) in the case of cigarette tobacco, kreteks, leaf tobacco and tobacco sticks, on between 3.25% and 9.25% of those tobacco products; and

    • (b) in the case of bidis, cigars, pipe tobacco, chewing tobacco and snuff, on between 22% and 28% of those tobacco products.

  • SOR/2011-179, s. 5.
Marginal note:Pipe tobacco and cigars
  •  (1) Every manufacturer of pipe tobacco contained in a pouch or cigars contained in a box shall display, on only one side of the pouch or box, one of the bilingual health warnings set out in Part 3 of the source document such that the warning is not severed when the pouch or box is opened, as follows:

    • (a) if the side on which the warning is displayed is less than or equal to 149 cm2, using a warning of at least 20 cm2 with the width of the warning measuring not less than 4 cm; and

    • (b) if the side on which the warning is displayed is greater than 149 cm2, using a warning placed on any side of the package other than the bottom, of at least 40 cm2 with the width of the warning measuring not less than 4 cm.

  • Marginal note:Cigars in bundles

    (2) Every manufacturer of cigars contained in a bundle shall display anywhere on the bundle, other than the top and bottom surfaces, one of the bilingual health warnings set out in Part 3 of the source document such that the warning is at least 40 cm2 with the width of the warning measuring not less than 4 cm.

  • SOR/2011-179, s. 6.

Health Information

Marginal note:Display
  •  (1) Every manufacturer of cigarette tobacco (other than cigarette tobacco contained in a pouch), kreteks, leaf tobacco or tobacco sticks shall display health information in the following manner:

    • (a) in the case of any package other than a slide and shell package or a tub

      • (i) anywhere on the package, other than the principal display surface or the bottom, in a manner that the English and French texts are side by side, centred, and together occupy between 60% and 70% of the side on which it is displayed; or

      • (ii) on a leaflet inserted in every package, in English on one side of the leaflet and in French on the other side, with the information centred and occupying between 60% to 70% of each side;

    • (b) in the case of a slide and shell package

      • (i) in the manner described in subparagraph (a)(ii), or

      • (ii) on the surface of the slide that is opposite to the side of the slide that is next to the tobacco product, in such a manner that the English and French texts are side-by-side and centered, and together occupy 60% to 70% of that surface; and

    • (c) in the case of a tub

      • (i) in the manner described in subparagraph (a)(ii),

      • (ii) on any exterior surface of the tub except the bottom,

      • (iii) on the interior surface of the lid, or

      • (iv) on the freshness seal.

  • Marginal note:Leaflet

    (2) The leaflet shall be approximately 50 mm by 88 mm and readily visible to a person who opens a package in which it has been inserted.

  • Marginal note:Equal display

    (3) Every manufacturer shall, in respect of each type of package of each brand of tobacco product specified in subsection (1) that the manufacturer packages in a year, display each message on between 3.25% and 9.25% of those tobacco products.

  • SOR/2011-179, s. 7.
 
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