Tobacco Reporting Regulations (SOR/2000-273)

Report on Toxicity of Cigarette Emissions

Marginal note:Definitions

14.1 The following definitions apply in this section and section 14.2.

cigarette

cigarette means any roll or tubular construction that contains tobacco, has a wrapper or cover made of paper and is consumed through the inhalation of the products of combustion, but does not include a bidi, cigar, kretek or little cigar. (cigarette)

identical cigarettes

identical cigarettes means cigarettes that are sold by a manufacturer under more than one brand, that are manufactured using identical manufacturing processes and that

• (a) contain identical ingredients, except those used in the manufacture of colouring agents in the cigarette papers;

• (b) have identical dimensions; and

• (c) perform in an identical manner under the same conditions. (cigarette identiques)

Marginal note:Annual testing

• 14.2 (1) The report on the toxicity of cigarette emissions must set out the results of toxicity testing performed in accordance with subsection (6) on every brand of cigarettes that the manufacturer sells during a year.

• Marginal note:Presentation of results

  (2) The report must set out the date of manufacture of the cigarettes tested, the start and end dates of the tests and the name of the applicable official method prepared by the Department of Health that is used to perform the tests.

• Marginal note:Method of collecting data

  (3) The following official methods must be used to collect toxicity data:

  • (a) Official Method T-501, entitled Bacterial Reverse Mutation Assay for Mainstream Tobacco Smoke, prepared by the Department of Health, dated December 31, 2017;

  • (b) Official Method T-502, entitled Neutral Red Uptake Assay for Mainstream Tobacco Smoke, prepared by the Department of Health, dated December 31, 2017; and

  • (c) Official Method T-503, entitled In Vitro Micronucleus Assay for Mainstream Tobacco Smoke, prepared by the Department of Health, dated December 31, 2017.

• Marginal note:Number of replicates of sample

  (4) The results of the tests performed in accordance with paragraph (3)(a) or (b) must be based on three replicates of a sample.

• Marginal note:Sampling

  (5) The sampling of cigarettes for the purpose of toxicity testing is to be performed in accordance with the procedures referred to in paragraph 12(3)(a).

• Marginal note:Conditioning

  (6) The sample to be used for the purpose of toxicity testing is to be conditioned in an environment described in the standard referred to in subsection 14(3.1).

• Marginal note:Exception — identical cigarettes

  (7) A manufacturer is not required to submit a report in respect of a particular brand of cigarettes if the manufacturer

  • (a) submits a report under this section in respect of another brand of cigarettes; and

  • (b) identifies in the report all other brands of identical cigarettes, including the particular brand.

• Marginal note:Time limit

  (8) The manufacturer must submit the report on or before January 31 of the year after the year covered by the report.

Report on Research and Development Activities

Marginal note:Report

• 15 (1) The report on research and development activities must set out the information referred to in subsection (2) for any research and development activity that was undertaken, continued or completed by or on behalf of the manufacturer in respect of a consumer tobacco product during a year, whether the tobacco product is for sale or not, including in respect of

  • (a) its toxicity;

  • (b) its health effects;

  • (c) its ingredients;

  • (d) its taste and flavour;

  • (e) its modification;

  • (f) its marketing, if applicable; and

  • (g) the manner in which it is used by consumers, if applicable.

• Marginal note:Content of report

  (2) The report must include

  • (a) a full copy of every research report or, if the research and development activity is not complete, any progress reports, synopses or outlines made in respect of that activity;

  • (b) the date on which the activity began; and

  • (c) the date of completion of the activity or the expected duration of the activity.

• Marginal note:Report — declaration

  (3) However, if no research and development activities were undertaken, continued or completed during a year, the manufacturer must include a statement to that effect in the report.

• Marginal note:Time limit

  (4) The report must be submitted on or before January 31 of the year after the year covered by the report.

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.