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Marginal note:Preparation

(3.1) The sample to be used for the purpose of determining the amount of an emission is to be conditioned and smoked in an environment as described in the International Organization for Standardization standard ISO 3402, entitled Tobacco and tobacco products — Atmosphere for conditioning and testing, as amended from time to time.

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(6) For the purpose of subsection (2), the following conditions are to be used to determine the amount of an emission:

• (a) in the case of sidestream smoke, the conditions set out in the International Organization for Standardization standard ISO 3308, entitled Routine analytical cigarette-smoking machine — Definitions and standard conditions, as amended from time to time; and

• (b) in the case of mainstream smoke, the conditions referred to in paragraph (a), in addition to those same conditions as modified in the following manner:

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(8) A manufacturer may, instead of submitting the report referred to in subsection (1), submit a short report every two years in respect of its designated tobacco products sold during that two-year period if

• (a) in the case of cigarettes, the manufacturer’s total sales of that type of designated tobacco product, per year, is less than 1% of the total sales of that type of designated tobacco product in Canada in the year preceding the two-year period, as well as in the first year of that two-year period; and

• (b) in the case of kreteks, the manufacturer’s total sales of that type of designated tobacco product, per year, is less than 5% of the total sales of that type of designated tobacco product in Canada in the year preceding the two-year period, as well as in the first year of that two-year period.

Marginal note:Short report — content

(9) The short report must set out the information referred to in subsection (2) in relation to the tar, nicotine, carbon monoxide, benzene, hydrogen cyanide and formaldehyde emissions contained in the smoke produced from the designated tobacco product, as well as the information referred to in subsection (7).

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Marginal note:Exemption — functional relationship of certain emissions

(11) A manufacturer may apply to the Minister for an exemption from the requirement to submit the report referred to in subsection (1) in respect of the emissions that are contained in the smoke produced from a particular brand of cigarettes that is sold in a year, on or before December 1 of the year before the year for which the exemption is sought, if the manufacturer provides to the Minister, with respect to emissions contained in the sidestream smoke, the information contained in subsection (2) and, with respect to the emissions contained in the mainstream smoke, the same information as well as the contents and results of a statistical analysis done under the conditions set out in paragraph (6)(b) that demonstrates, within a 95% confidence limit and in relation to the type of emission exemption sought, the existence of a functional linear relationship

• (a) between tar and each of the other emissions, other than nicotine, produced from the combustion of the cigarettes

  • (i) by using the formula

    y = mx + b

    where

    • [...]

    • x is the mean amount of tar as determined by 7 replicates, and

• (b) between nicotine and each of the other emissions, other than tar, produced from the combustion of the cigarettes, by making the calculation and applying the steps described in paragraph (a), except that the reference to “tar” in subparagraph (a)(i) is to be read as a reference to “nicotine”.

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(13) To qualify for an exemption under subsection (11), the manufacturer must submit to the Minister

• (a) a cohort that is composed of two reference cigarette types, as well as of at least 28 different brands that represent the range of tar and nicotine emissions specific to cigarettes sold in Canada, as determined

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• (c) a list of the properties of the cigarettes, such as the type of tobacco, type of filter and characteristics of the cigarette paper used, that demonstrate the functional linear relationship between

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Marginal note:Content of report

(17) If an application made under subsection (11) is accepted, a manufacturer must submit a report setting out the information referred to in subsection (2) in relation to the tar, nicotine and carbon monoxide emissions contained in the smoke produced from the particular brand of cigarettes, as well as the information referred to in subsection (7).

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(3) The sampling of a consumer tobacco product for the purpose of determining the amount of a constituent is to be performed in accordance with the following procedures:

• (a) in the case of cigarettes, the procedures described in items A and B of Table 1 of the International Organization for Standardization standard ISO 8243, entitled Cigarettes — Sampling, as amended from time to time;

• (b) in the case of bidis, cigars, kreteks or little cigars, the procedures referred to in paragraph (a), modified in the following manner:

  • (i) in the case of bidis, kreteks, and little cigars,

    • (A) a reference to a “cigarette” is to be read as a reference to the type of consumer tobacco product being sampled, and

    • (B) a reference to a “carton” is to be read as a reference to 200 units of the type of consumer tobacco product being sampled, and

  • (ii) in the case of cigars,

    • (A) a reference to a “cigarette” is to be read as a reference to cigar,

    • (B) a reference to a “sale unit” is to be read as a reference to one cigar, and

    • (C) a reference to a “carton” is to be read as a reference to 200 grams of the cigars being sampled;

• (c) in the case of cigarette tobacco, the procedures described in the International Organization for Standardization standard ISO 15592-1, entitled Fine-cut tobacco and smoking articles made from it — Methods of sampling, conditioning and analysis — Part 1: Sampling, as amended from time to time; and

• (d) in the case of pipe tobacco or smokeless tobacco, the procedures described in paragraph (c), modified so that a reference to “fine-cut tobacco” is to be read as a reference to the type of consumer tobacco product being sampled.

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Marginal note:Adjustment for moisture

(6) The amount of each constituent must be corrected for moisture in accordance with the AOAC International Official Method 966.02, entitled Loss on Drying (Moisture) in Tobacco, published in Official Methods of Analysis of AOAC International, as amended from time to time.

3 (1) These Regulations prescribe the information that manufacturers of tobacco products are required to submit to the Minister, as well as the manner in which it is to be submitted.

(2) In addition to the information required for each type of report set out in these Regulations, every report must set out the following information:

• (a) the name of the manufacturer on whose behalf the report is submitted, as well as the telephone number, email address and civic address of its principal place of business in Canada;

• (b) the name, telephone number and email address of the individual who prepared the report and, if that individual works for an entity other than a manufacturer on whose behalf the report is submitted, the name of the entity, as well as the telephone number, email address and civic address of its principal place of business;

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Marginal note:Change to brand name

(5) However, a manufacturer may change the brand name used to identify a consumer tobacco product in a report by submitting a report under section 13 that identifies the brand name that was previously used, as well as the changed brand name.

10 (1) The report on manufacturing must set out, by brand, the following information in respect of the manufacturing processes for each consumer tobacco product that a manufacturer sells, as well as for any cigarette papers, filters or mouthpieces or tips used in the manufacture of those consumer tobacco products:

• (a) a detailed description and schematic of the sequential steps that are involved in the manufacture of the consumer tobacco product, cigarette paper, filter or mouthpiece or tip, including any steps where additives, such as processing aids, are used; and

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(3) The report must include, for each brand of cigarettes, kreteks and little cigars that the manufacturer sells,

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• (b) the type of any filter used in the product, and its specifications and pressure drop, as well as, for those brands analyzed in accordance with subsection 14(13), its efficiency with respect to nicotine, determined in accordance with Official Method T-106, entitled Determination of Filter Efficiency in Mainstream Tobacco Smoke, prepared by the Department of Health, dated December 31, 2017; and

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Marginal note:Time limit — efficiency with respect to nicotine

(9) In the case of brands of cigarettes analyzed in accordance with subsection 14(13), if there are any changes to the type of filter used in the cigarette, the filter’s specifications or the filter’s pressure drop, the manufacturer must submit a new report that indicates the efficiency with respect to nicotine, as well as the changes made to the information previously submitted, no later than 90 days after the day on which the change is made.

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(2) The report must include, for each brand of consumer tobacco product that the manufacturer sells, a digital image of the following items:

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• (c) any overwrap on which a promotion is displayed, that is used over a package or carton or that is used as a carton; and

(3) The digital image of an item must be taken on a white background and

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

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Marginal note:Time limit — changes to information

(6) If any of the information referred to in paragraphs (1)(a) to (c) is changed by the manufacturer, the manufacturer must advise the Minister of the change by submitting, on or before January 31 of the following year, a description of the information that was previously submitted, as well as of the change made to the information.

(7) If the appearance of any package, promotion, overwrap or brand element referred to in subsection (2) is changed by the manufacturer, the manufacturer must, within 30 days after the day on which the consumer tobacco product is sold using that changed item, advise the Minister of the change by submitting

• (a) the digital image previously submitted, as well as a description of the change made to the item; and