Tobacco Reporting Regulations (SOR/2000-273)

Reports on Promotional Activities

General Requirements

Marginal note:Reports

• 16 (1) Each report described in sections 17 to 24 pertains to promotional activities undertaken during a semi-annual period referred to in subsection (3).

• Marginal note:Reports — declaration

  (2) If none of the activities described in sections 17 to 24 is undertaken during a semi-annual period, the manufacturer must include a statement to that effect in the reports required under those sections.

• Marginal note:Time limit

  (3) Each report must be submitted at the following times:

  • (a) for the semi-annual period beginning on January 1 and ending on June 30 of a year, on or before July 31 of that year; and

  • (b) for the semi-annual period beginning on July 1 and ending on December 31 of a year, on or before January 31 of the following year.

• Marginal note:Definition of product

  (4) For the purposes of sections 17, 18 and 22, product means a consumer tobacco product, as well as any accessory or product that displays a consumer tobacco product-related brand element or a manufacturer’s name.

Report on Advertising in Publications

Marginal note:Content of report

• 17 (1) The report must set out the following information in respect of the advertising of products in a publication:

  • (a) every province in which the publication was distributed;

  • (b) the dates the advertisement was published;

  • (c) for each province, the amount of the expenses incurred, by brand or, if applicable, by brand family, for market research, development and design in relation to the advertisement; and

  • (d) the amount of consideration given by the manufacturer for the publication of the advertisement and, if a consideration other than money is given, a description of the consideration and its money value.

• Marginal note:Digital image

  (2) The report must include a digital image of the advertisement, which image must

  • (a) be clear and display colours that are as close as possible to the colours of the advertisement;

  • (b) display any text that appears on the advertisement, in legible characters;

  • (c) include the brand name associated with the advertisement or, if the advertisement relates to a brand family, the brand elements used to identify the brand family; and

  • (d) include the dimensions of the advertisement.

Report on Advertising on Signs

Marginal note:Content of report

• 18 (1) The report must set out the following information in respect of the advertising of a product by means of information advertising or brand-preference advertising on a sign that is posted in a place where young persons are not permitted by law:

  • (a) the amount of the expenses incurred for market research, development and design in relation to the sign;

  • (b) the amount of the expenses incurred for the manufacturing of the sign;

  • (c) for each province, by brand or, if applicable, by brand family, the amount of consideration given by the manufacturer for the posting of the sign and, if a consideration other than money is given, a description of the consideration and its money value;

  • (d) for each province, the number of places, as well as their names and civic addresses, in which the sign was posted; and

  • (e) the period during which the sign was posted in each place.

• Marginal note:Digital image

  (2) The report must include a digital image of the sign, which image must

  • (a) be clear and display colours that are as close as possible to the colours of the sign;

  • (b) display any text that appears on the sign, in legible characters;

  • (c) include the brand name associated with the sign or, if the sign relates to a brand family, the brand elements used to identify the brand family; and

  • (d) include the dimensions of the sign.

Report on Promotions on Permanent Facilities

Marginal note:Content of report

• 19 (1) The report must set out the following information in respect of a consumer tobacco product-related brand element or name of a manufacturer that appears in a promotion that is displayed on a permanent facility:

  • (a) the name, the civic address and a description of the facility;

  • (b) the expected duration of the display of the promotion on the facility;

  • (c) the amount of the expenses incurred for market research, development and design in relation to the promotion;

  • (d) the amount of the expenses incurred for the manufacturing of the promotion; and

  • (e) for each province, by brand or, if applicable, by brand family, the amount of consideration given by the manufacturer for the display of the promotion on the facility and, if a consideration other than money is given, a description of the consideration and its money value.

• Marginal note:Digital image

  (2) The report must include a digital image of the promotion that is displayed on the permanent facility, which image must

  • (a) be clear and display colours that are as close as possible to the colours of the promotion;

  • (b) display any text that appears in the promotion, in legible characters; and

  • (c) include the dimensions of the promotion.

Report on Packaging Expenses

Marginal note:Content of report

20 The report must set out, by brand and type of package, the following information in respect of expenses relating to the packaging of cigarettes, little cigars, smokeless tobacco and cigarette tobacco:

• (a) the amount of the expenses incurred for market research, development and design in relation to the packaging; and

• (b) the amount of the expenses incurred for the manufacturing of each package, by unit, including any promotional material that accompanies the package and any packaging material that is used in or over the package.

21 [Repealed, SOR/2019-64, s. 16]

Report on Signs, Displays and Other Promotions at Retail

Marginal note:Content of report

• 22 (1) The report must set out the following information in respect of a sign, display unit or other means of promotion that is provided by a manufacturer for use at retail to indicate the sale of a product or its price:

  • (a) the amount of the expenses incurred for

    • (i) market research, development and design of the sign, display unit or other means of promotion,

    • (ii) manufacturing of the sign, display unit or other means of promotion, and

    • (iii) distribution of the sign, display unit or other means of promotion;

  • (b) for each province, by brand or, if applicable, by brand family, the amount of the consideration given by the manufacturer for the following purposes and, if consideration other than money is given, a description of consideration and its money value:

    • (i) the posting of the sign or placement of the display unit,

    • (ii) the display or sale of the product, or

    • (iii) any other promotion of the product; and

  • (c) for each province, the number of establishments to which consideration has been given by the manufacturer to post a sign, place a display unit or display or sell a product.

• Marginal note:Digital image

  (2) The report must include a digital image of the sign, display unit or other means of promotion on which a brand element or a manufacturer’s name appears, which image must

  • (a) be clear and display colours that are as close as possible to the colours of the sign, display unit or other promotion;

  • (b) display any text that appears on the sign, display unit or other promotion, in legible characters; and

  • (c) include the dimensions of the sign, display unit or other means of promotion.

Report on Accessories

Marginal note:Content of report

• 23 (1) The report must set out the following information in respect of accessories that are sold by the manufacturer and that display a consumer tobacco product-related brand element or a manufacturer’s name:

  • (a) the number of accessories sold, by province; and

  • (b) the amount of the expenses incurred for

    • (i) market research, development and design in relation to the accessory,

    • (ii) the manufacturing of the accessory, and

    • (iii) the distribution of the accessory.

• Marginal note:Digital image

  (2) The report must include a digital image, taken on a white background, of each side of the accessory on which a brand element or a manufacturer’s name appears, which image must

  • (a) be clear and display colours that are as close as possible to the colours of the accessory and of the brand element or name;

  • (b) display any text that appears on the side of the accessory, in legible characters; and

  • (c) include the dimensions of the accessory.

Report on Other Products

Marginal note:Content of report

• 24 (1) The report must set out the following information in respect of non-tobacco products, other than accessories, that are sold by a manufacturer and that display a consumer tobacco product-related brand element or a manufacturer’s name:

  • (a) the number of non-tobacco products sold, by province; and

  • (b) the amount of the expenses incurred for

    • (i) market research, development and design in relation to the product,

    • (ii) the manufacturing of the product, and

    • (iii) the distribution of the product.

• Marginal note:Digital image

  (2) The report must include a digital image, taken on a white background, of each side of the non-tobacco product on which a brand element or a manufacturer’s name appears, which image must

  • (a) be clear and display colours that are as close as possible to the colours of the non-tobacco product and of the brand element or name;

  • (b) display any text that appears on the side of the non-tobacco product, in legible characters; and

  • (c) include the dimensions of the non-tobacco product.

25 [Repealed, SOR/2019-64, s. 18]

26 [Repealed, SOR/2019-64, s. 18]