SOR/2019-10720194
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TOBACCO AND VAPING PRODUCTS ACTTobacco Products Appearance, Packaging and Labelling RegulationsP.C.2019-38020194
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Her Excellency the Governor General in Council, on the recommendation of the Minister of Health, pursuant to sections 7a and 33b of the Tobacco and Vaping Products Actc, makes the annexed Tobacco Products Regulations (Plain and Standardized Appearance).S.C. 2018, c. 9, s. 11S.C. 2018, c. 9, s. 44S.C. 1997, c. 13; S.C. 2018, c. 9, s. 2GeneralInterpretation
DefinitionsThe following definitions apply in these Regulations.Act means the Tobacco and Vaping Products Act. (Loi)carton means a secondary package in which two or more primary packages containing the same type of tobacco product are placed. (cartouche)cigar means a roll or tubular construction intended for smoking, other than a little cigar, that contains a filler composed of natural or reconstituted tobacco and has a wrapper, or a wrapper and a binder, composed of natural or reconstituted tobacco. (cigare)cigarette includes any roll or tubular construction that contains tobacco and is intended for smoking, other than a cigar, little cigar or tobacco stick. (cigarette)display area means the portion of the surface area of a tobacco product package, leaflet or tobacco product on which a labelling element is to be displayed. (zone d’affichage)drab brown means the colour known as Pantone 448. (brun terne)gray means the colour known as Pantone Cool Gray 2. (gris)health warning, in respect of a tobacco product, means the applicable health warningreferred to in subsection 88(1) and displayed on a tobacco product package; orreferred to in subsection 118(1) and displayed directly on a tobacco product. (avertissement sanitaire)lower slide-flap means, in respect of a slide and shell package, the lower extremity of the slide that can be folded and is concealed by the shell when the package is closed. (rabat inférieur)manufacturer does not include an individual or entity that only packages or distributes tobacco products on behalf of a manufacturer. (fabricant)primary package means any package — other than an overwrap — that is intended for retail sale in Canada and in which a tobacco product is directly placed. (emballage primaire)secondary package means any package — other than an overwrap — that is intended for retail sale in Canada and in which a primary package is placed. (emballage secondaire)slide means the sliding portion of a slide and shell package. (tiroir)top edge means the edge that is in the horizontal plane and forms the upper limit of the package when the package is used in the customary manner to gain access to the tobacco product. (arête supérieure)upper slide-flap means, in respect of a slide and shell package, the upper extremity of the slide that can be folded and is concealed by the shell when the package is closed and that is visible when the package is used in the customary manner to gain access to the tobacco product. (rabat supérieur)Interpretation — common nameIn these Regulations, a reference to a common name is a reference to the common name that is shown on a label in accordance with subparagraph 10(b)(ii) of the Consumer Packaging and Labelling Act.Interpretation — declaration of net quantityIn these Regulations, a reference to a declaration of net quantity is a reference to the declaration of net quantity that is contained on a label in accordance with section 4 of the Consumer Packaging and Labelling Act.Interpretation — exterior surfaceIn these Regulations, a reference to an exterior surface of a package that contains a tobacco product is a reference,in the case of a package that has a rectangular cuboid shape when it is closed, to the part of the package that forms, as the case may be, the exterior surface of the front, back, top, bottom or any of the sides of the package;in the case of a cylindrical package,to the part of the package that forms, as the case may be, the exterior surface of the top or bottom of the package when it is closed, andto the part of the package that forms, as the case may be, the exterior curved surface that makes up the front or back of the package around its circumference; andin the case of any other package, to the part of the package that forms, as the case may be, the exterior surface of the front, back, top, bottom or any of the sides of the package when it is closed.[Repealed, SOR/2023-97, s. 3]SOR/2023-97, s. 2SOR/2023-97, s. 3
Application
Tobacco product and package — retail saleThese Regulations apply to every tobacco product that is intended for retail sale in Canada, as well as to any package that contains such a tobacco product.Package that does not contain tobacco productsPart 1 also applies, in accordance with section 60, to a package that does not contain a tobacco product but is furnished by a manufacturer of a tobacco product so that a tobacco product, primary package or secondary package may be placed in it after the tobacco product, primary package or secondary package is sold at retail in Canada.SOR/2023-97, s. 4
Non-applicationThese Regulations do not apply to a package that contains a tobacco product and that is intended to be distributed to a manufacturer or retailer.
Interior surfacesFor greater certainty, a provision of these Regulations that applies to any interior surface of a primary package that contains cigarettes applies to each surface of the slide of a slide and shell package — including the upper slide-flap and lower slide-flap — with the exception of any surface that forms the exterior surface of the top or bottom of the package when it is closed.CartonFor greater certainty, a provision of these Regulations that applies to any interior surface of a secondary package applies to each surface of a carton that forms its flaps and that is visible only when the carton is opened.
Purpose
Plain and standardized packagingFor the purposes of section 23 of the Act, these Regulations set out the requirements that manufacturers of tobacco products must meet in respect of the plain and standardized appearance, shape and content of tobacco product packages.Information — packageFor the purposes of section 15.3 of the Act, these Regulations set out the requirements that manufacturers of tobacco products must meet in respect of the manner of displaying information on tobacco product packages and on leaflets, including the form and placement of the information.SOR/2023-97, s. 5
Product standards and markingsFor the purposes of sections 5 and 5.3 of the Act, these Regulations also establish standards that manufacturers of tobacco products must meet in respect of the plain and standardized appearance and shape of tobacco products and set out requirements that manufacturers must meet in respect of the markings that may be displayed on tobacco products.
Labelling — required informationFor the purposes of sections 15 and 15.2 of the Act, these Regulations set out the labelling requirements that manufacturers of tobacco products must meet in respect ofinformation that is required under the Act to be displayed about tobacco products and their emissions and about the health hazards and health effects arising from the use of the products and from their emissions; andthe manner of displaying that information on tobacco products, on packages that contain tobacco products and on leaflets.SOR/2023-97, s. 6
Appearance and Dimensions of Tobacco Product PackagesSOR/2023-97, s. 7General RequirementsPackage Contents
Primary packageA primary package may contain only a tobacco product, a lining and a leaflet.Secondary packageA secondary package may contain only a primary package or other secondary package, as well as any overwrap covering those packages.
Standardized Physical Design Features
Secondary package shapeEvery secondary package must have a rectangular cuboid shape when it is closed, having six surfaces that meet at right angles and edges that are rigid and straight, without any rounding or bevelling.
Brand element, colour or informationExcept as otherwise provided by or under the Act, any other Act of Parliament or any Act of the legislature of a province, the interior and exterior surfaces of a primary package and of a secondary package must not display any brand element or any colour or information.SOR/2023-97, s. 30(F)
Standardized colourExcept as otherwise provided by these Regulations, every interior and exterior surface of a primary package and of a secondary package must be drab brown.Exception — required or authorized informationOther colours may be used on the interior and exterior surfaces to display a health warning or other information that is required or authorized by or under the Act, any other Act of Parliament or any Act of the legislature of a province, in accordance with the requirements imposed by or under that Act, other Act of Parliament or Act of the legislature of a province.Exception — package made of metal or woodAn interior surface of a primary package that is made of metal or wood may be the natural colour of the metal or wood.SOR/2023-97, s. 8
FinishExcept as otherwise provided by or under the Act, any other Act of Parliament or any Act of the legislature of a province, every interior and exterior surface of a primary package and of a secondary package must have a matte finish.The interior surfaces and exterior surfaces of a primary package that is a pouch or soft package may have a glossy finish if those surfaces include a transparent film.SOR/2023-97, s. 9
Adhesive substanceAny adhesive substance that is used on an interior or exterior surface of a primary package or of a secondary package or on any lining or overwrap must be transparent and colourless.
TextureEvery interior and exterior surface of a primary package and of a secondary package, as well as any overwrap covering the package, must have a smooth texture, without any raised features, embossing, decorative ridges, bulges or other irregularities.Exception — cartonHowever, a carton may include a perforated strip for opening that, once torn, may leave serrations on the carton’s interior and exterior surfaces.
FeaturesThe interior and exterior surfaces of a primary package and of a secondary package, as well as any lining, leaflet and overwrap, must not include any feature that is designed to change the appearance (such as heat-activated ink) or to change the surface area (such as a fold-out panel) of the package, lining, leaflet or overwrap.Means of openingA primary package must be designed in such a manner that it may be opened by only one means when the package is used in the customary manner to gain access to the tobacco product.Inner boxA primary package must not be designed in such a manner that it forms an inner box that can be removed without being damaged.
Alphanumeric codeA primary package and a secondary package may display an alphanumeric code that is composed of no more than 10 numeric characters and either the abbreviation “CA” that represents Canada or one of the following internationally approved alpha codes that represents the province or territory where the product is sold:in the case of Ontario, “ON”;in the case of Quebec, “QC”;in the case of Nova Scotia, “NS”;in the case of New Brunswick, “NB”;in the case of Manitoba, “MB”;in the case of British Columbia, “BC”;in the case of Prince Edward Island, “PE”;in the case of Saskatchewan, “SK”;in the case of Alberta, “AB”;in the case of Newfoundland and Labrador, “NL”;in the case of Yukon, “YT”;in the case of the Northwest Territories, “NT”; andin the case of Nunavut, “NU”.Alphanumeric code — manner of displayThe alphanumeric code may be displayed on a primary package and a secondary package if it is displayed in such a manner that the codehas a matte finish and is printed in a regular weight and width Lucida Sans Serif font style, without italics, and in black or gray;is printed only once on the primary package and once on the secondary package, in characters of no more than 8 points; andin the case of a package that has a rectangular cuboid shape when it is closed, is displayed on only the exterior surface of the top, bottom or any one of the sides of the package.Information — characteristicsThe alphanumeric code must not convey any information relating to characteristics of the tobacco product that the primary package or secondary package contains or the tobacco product’s emissions.Brand elementThe alphanumeric code must not evoke the tobacco product’s brand elements.SOR/2023-97, s. 10
Bar codeA primary package and a secondary package may display a bar code that is rectangular in shape, does not contain any image or design and is no more than 40 mm by 20 mm in size.Bar code — manner of displayThe bar code may be displayed on a primary package and a secondary package if it is displayed in such a manner that the codehas a matte finish and is printed in either black and white or in drab brown and white;is displayed only once on the primary package and once on the secondary package; andin the case of a package that has a rectangular cuboid shape when it is closed, is displayed on only the exterior surface of the top, bottom or any one of the sides of the package.
Means of electronic communicationThe interior and exterior surfaces of a primary package and of a secondary package, as well as any lining, leaflet and overwrap, must not include any feature that is designed to permit access remotely to any promotion by a means of electronic communication.Other types of informationThe surfaces, lining, leaflet and overwrap may include a feature that is designed to permit access remotely to other types of information by a means of electronic communication if the feature becomes visible only through technological means or meets the requirements imposed by or under the Act, any other Act of Parliament or any Act of the legislature of a province.SOR/2023-97, s. 30(F)
Feature to prevent counterfeitingA feature that is designed to prevent counterfeiting may be displayed on an exterior surface of a primary package or of a secondary package if the featureis required under an enactment of a foreign government;is a QR code, DotCode or Data Matrix;is rectangular in shape and does not contain any image or design;is no more than 40 mm by 20 mm in size;has a matte finish and is printed in either black and white or in drab brown and white;is displayed only once on each package; andin the case of a package that has a rectangular cuboid shape when it is closed, is displayed on only the exterior surface of the top, bottom or any one of the sides of the package.Definition of QR code, DotCode and Data MatrixFor the purposes of this section, QR code, DotCode and Data Matrix have the same meanings as in Article 21 of the Commission Implementing Regulation (EU) 2018/574 of December 15, 2017 on Technical Standards for the Establishment and Operation of a Traceability System for Tobacco Products.
Calibration marksCalibration marks that are necessary for the automated manufacturing of a primary package or of a secondary package may be displayed on any of its interior or exterior surfaces, if those marks are not visible when the package is used in the customary manner to gain access to the tobacco product.
Scent and soundThe interior and exterior surfaces of a primary package and of a secondary package, as well as any lining, leaflet and overwrap, must not be capable of emitting a scent or sound.Exception — packages made of woodHowever, the interior and exterior surfaces of a primary package and of a secondary package that are made of wood may emit the natural scent of the wood.
Cut-out windowThe interior and exterior surfaces of a primary package and of a secondary package must not include any cut-out window that permits the contents of the package to be visible without opening it.
Sticker and tabSubject to subsections (2) and (5), the interior and exterior surfaces of a primary package and of a secondary package must not include any sticker or tab.Exception — required or authorized informationThe exterior surfaces of a primary package and of a secondary package may include an irremovable sticker that displays information that is required or authorized by or under the Act, any other Act of Parliament or any Act of the legislature of a province, if the sticker is placed on an exterior surface in such a manner that it does not conceal or obscure any such information on the package.Sticker — surfaceThe sticker is deemed to form a part of the surface on which it is placed.Sticker — requirementsHowever, only the requirements of sections 9 to 12, subsections 13(1) and 14(1) and sections 17 and 20 apply to the sticker.Exception — pouch or soft packageAn interior and exterior surface of a primary package that is a pouch or a soft package may include a rectangular tab for resealing the package after opening if the tabdoes not conceal or obscure any information required by or under the Act, any other Act of Parliament or any Act of the legislature of a province; anddoes not display any brand element or any information.Tab — requirementsOnly the requirements of subsection 10(1) and sections 11 and 12, subsections 13(1), 14(1) and 17(1) and section 20 apply to the tab.Transparent and colourless sticker or tabAny tab or sticker that covers any information required by or under the Act, any other Act of Parliament or any Act of the legislature of a province must be transparent and colourless.SOR/2023-97, s. 11SOR/2023-97, s. 30(F)
LiningExcept as otherwise provided by these Regulations, any lining that is placed in a primary package mustbe white or drab brown;have a matte finish and no variations in colour tone;not display any brand element or any information; andhave a smooth texture, without any raised features, embossing, decorative ridges, bulges or other irregularities aside from embossed dots or squares that are required for the automated manufacturing process and that are uniform in size and equidistant.SOR/2023-97, s. 30(F)
OverwrapExcept as otherwise provided by these Regulations, any overwrap that covers a primary package or secondary package mustmould to the primary package or secondary package that it covers;be transparent and colourless;not include any tear tape;not display any brand element; andnot display any information or features.SOR/2023-97, s. 12(F)
Overwrap — more than one primary packageIf an overwrap covers more than one primary package, the following information and features may be displayed on it:calibration marks that meet the requirements of section 19;a bar code, if it is displayed only once on the overwrap, meets the requirements of subsection 16(1) and paragraph 16(2)(a) and is printed directly on the overwrap or on a label that meets the requirements of subsections 11(1), 13(1) and 14(1) that are applicable to interior and exterior surfaces;a solid black rectangle to cover the bar code on each primary package;the declaration of net quantity and the common name of the tobacco product, printed in white on a black rectangle, if they are oriented parallel to and in the same direction as any information that is displayed on the surface that the overwrap covers; anda health warning and any other information that is required or authorized by or under the Act, any other Act of Parliament or any Act of the legislature of a province.SOR/2023-97, s. 13SOR/2023-97, s. 30(F)
Tear tapeAn overwrap that covers a primary package or secondary package may include a single tear tape thatis made of plastic, is transparent and is either colourless or the colour required by or under an Act of the legislature of a province;forms a straight line that has a uniform width of no more than 3.5 mm around the package or the width required by or under an Act of the legislature of a province;is parallel to any straight edge of the package and perpendicular to the opening of the package;is designed in such a manner that the entire overwrap is removed once the tear tape is torn; anddisplays only information that is required or authorized by or under the Act, any other Act of Parliament or any Act of the legislature of a province.SOR/2023-97, s. 14(F)
Text Size, Style and PlacementInformationSOR/2023-97, s. 30(F)
Text style and colourExcept as otherwise provided by or under the Act, any other Act of Parliament or any Act of the legislature of a province, any text that is displayed on a primary package or secondary package, or on any overwrap covering the package, must have a matte finish and be printed in a regular weight and width Lucida Sans Serif font style, without italics, and in gray.SpacingThe space between every word that forms part of an expression must be no more than 4 mm.
Brand Name
Brand name — no colour or filter characteristicA brand name that is not prohibited by the Act may be displayed in accordance with these Regulations on a primary package and a secondary package, if the brand name does not evoke a colour or a characteristic of a filter.
PlacementIn the case of a primary package or secondary package that has a rectangular cuboid shape when it is closed, the brand name may be displayed only once on each exterior surface of the front, back, top, bottom and sides of the package.Cylindrical packageSubject to subsection (3), the brand name may be displayed only once on each of the following surfaces of a cylindrical primary package or secondary package:the exterior surface of the top and bottom of the package; andthe exterior curved surface of the front and back of the package.Cigar tubeThe brand name may be displayed only once on a cigar tube.Other primary package or secondary packageIn the case of any other primary package or secondary package, the brand name may be displayed only once on each exterior surface of the package.SOR/2023-97, s. 15
Text size and styleAny brand name that is displayed on a primary package or secondary package mustbe printed in alphabetic characters of 14 points; andform only one line of text.Capital letterOnly the first letter of each word in the brand name may be a capital letter.
Manner of displayIf a brand name is displayed on an exterior surface of a primary package or secondary package and a health warning is also displayed on that surface, the brand name must be oriented parallel to and in the same direction as the health warning and must be centered in the area of that surface that remains unoccupied by the health warning and any other information that is required or authorized by or under the Act, any other Act of Parliament or any Act of the legislature of a province.Other casesIf a brand name is displayed on an exterior surface of a primary package or secondary package, and no health warning is displayed on that surface, the brand name must beoriented parallel to and in the same direction as any other information that is displayed on that surface and centered in the remaining area of that surface; orcentered on that surface, if no other information is displayed on it.Exception — cigar tubeSubsections (1) and (2) do not apply to a cigar tube.SOR/2023-97, s. 16(F)
Manufacturer Information and Declaration of Net QuantitySOR/2023-97, s. 30(F)
Manufacturer identity and principal place of businessThe manufacturer’s identity and principal place of business may be displayed only once on every primary package and secondary package and must be printed in characters of 10 points.Package — rectangular cuboid shapeIn the case of a primary package or secondary package that has a rectangular cuboid shape when it is closed, the manufacturer’s identity and principal place of business may be displayed on the exterior surface of only one of the sides of the package.SOR/2023-97, s. 30(F)
Manner of displayIn the case of any primary package or secondary package, other than a cylindrical package, the manufacturer’s identity and principal place of business must be oriented parallel to and in the same direction as any other information that is displayed on the same exterior surface.SOR/2023-97, s. 17
Net quantity and common nameThe declaration of net quantity and the common name of a tobacco product may be displayed on every primary package and secondary package.Principal display panelThe declaration of net quantity and the common name of a tobacco product may be displayed only once on each principal display panel, as defined in subsection 2(2) of the Consumer Packaging and Labelling Regulations.SOR/2023-97, s. 30(F)
Manner of displayIf the declaration of net quantity and the common name of a tobacco product are displayed on an exterior surface of a primary package or of a secondary package and a health warning is also displayed on that surface, the declaration and the common name must be oriented parallel to and in the same direction as the health warning.Other casesIf the declaration of net quantity and the common name of the tobacco product are displayed on an exterior surface of a primary package or of a secondary package and no health warning is displayed on that surface, the declaration and the common name must be oriented parallel to and in the same direction as any other information that is displayed on that surface.SOR/2023-97, s. 18(F)
PlacementIn the case of a primary package or secondary package that has a rectangular cuboid shape when it is closed, the declaration of net quantity and the common name of the tobacco product must be displayed in such a manner that the last letter of that information is 5 mm from the bottom and right edges of the package.SOR/2023-97, s. 19
Text size and style — net quantity and common nameThe declaration of net quantity and the common name of the tobacco product must be printed in characters whose height is no more than the minimum height of the numerical quantity in the declaration of net quantity set out in subsection 14(2) of the Consumer Packaging and Labelling Regulations.Definition of heightFor the purposes of this section, height has the meaning assigned by subsection 14(1) of the Consumer Packaging and Labelling Regulations.
Leaflets
Standardized appearanceExcept as otherwise provided by or under the Act or any other Act of Parliament, a leaflet must have a matte finish and the text that is displayed on it must be printed in a regular weight and width Lucida Sans Serif font style, without italics, and in either black on a white background or gray on a drab brown background.Brand name — no colour or filter characteristicA brand name that is not prohibited by the Act may be displayed on a leaflet in accordance with this section, if the brand name does not evoke a colour or a characteristic of a filter.ImageSubject to subsection 17(2), a leaflet must not display any image other than one that warns consumers of the health hazards arising from the use of the tobacco product or that provides instructions for its use.Risk statementAny statement respecting a risk arising from the use of the tobacco product may be printed in red.
Specific Requirements — Cigarette PackagesStandardized Physical Design Features and Type of Package
Primary package shapeEvery primary package that contains cigarettes must have a rectangular cuboid shape when it is closed, having six surfaces that meet at right angles and edges that are rigid and straight, without any rounding or bevelling.
Primary package — requirementA primary package that contains cigarettes must be a slide and shell package.SOR/2023-97, s. 20
Slide and shell package — requirementsA slide and shell package must meet the following requirements:the only way to open it is by moving the slide vertically; andthe edges of its upper slide-flap and lower slide-flap must be rigid and straight, without any rounding or bevelling, except at the corners that are concealed by the shell when the package is closed.SOR/2023-97, s. 21
DimensionsA slide and shell package that contains regular size cigarettes must have the following dimensions when it is closed:a height of no less than 72 mm and no more than 77 mm;a width of no less than 81 mm and no more than 106 mm; anda depth of no less than 15 mm and no more than 18 mm.King size cigarettesA slide and shell package that contains king size cigarettes must have the following dimensions when it is closed:a height of no less than 84 mm and no more than 89 mm;a width of no less than 81 mm and no more than 106 mm; anda depth of no less than 15 mm and no more than 18 mm.
Dimensions of upper slide-fl€apThe upper slide-flap of a slide and shell package that contains regular size cigarettes must have the following dimensions:a height of 51 mm; anda width of no less than 80 mm and no more than 105 mm.King size cigarettesThe upper slide-flap of a slide and shell package that contains king size cigarettes must have the following dimensions:a height of 62 mm; anda width of no less than 80 mm and no more than 105 mm.WidthThe width of the upper slide-flap of a slide and shell package must be equal to the width of the slide.SOR/2023-97, s. 22
MaterialEvery primary package and secondary package that contains cigarettes must be made of rigid cardboard.Exception — cartonHowever, a carton may be made of paper.OverwrapAn overwrap that meets the requirements of sections 24 to 26 may be used, instead of a carton, to cover two or more primary packages that contain cigarettes.
LiningAny lining that is placed in a primary package that contains cigarettes mustbe made of one sheet of silver-coloured foil or paper that is attached to white backing paper and to an interior surface of the primary package in such a manner that it cannot be removed without being damaged; andmeet the requirements of paragraphs 23(b) to (d).SOR/2023-97, s. 23
Text Placement
Declaration of size of cigarettesThe declaration of the size of cigarettes as regular size or king size may be displayed on the exterior surface of the front and back of a primary package and of a secondary package.Manner of displayThe declaration of the size of cigarettes must be identified by the words “Regular Size” or their abbreviation “RS” or the words “King Size”or their abbreviation “KS”, as the case may be, and be printed in alphabetic characters of 10 points, oriented parallel to and in the same direction as the health warning and positioned in such a manner that the first letter of the declaration is 5 mm from the bottom and left edges of the primary package or secondary package.SOR/2023-97, s. 24
Specific Requirements — Little Cigar Packages
Primary package shapeEvery primary package that contains little cigars must have a rectangular cuboid shape when it is closed, having six surfaces that meet at right angles and edges that are rigid and straight, without any rounding or bevelling.Exception — metal packageHowever, a primary package that is made of metal and contains little cigars — and any carton that contains such a primary package — may have rounded or beveled corners.
MaterialEvery primary package that contains little cigars must be made of rigid cardboard or metal.Secondary packageEvery secondary package must be made of rigid cardboard.Exception — cartonHowever, a carton may be made of paper.OverwrapAn overwrap that meets the requirements of sections 24 to 26 may be used, instead of a carton, to cover two or more primary packages that contain little cigars.
LiningAny lining that is placed in a primary package that contains little cigars mustbe made of one sheet of silver-coloured foil that is attached to white backing paper and to an interior surface of the package in such a manner that it cannot be removed without being damaged; andmeet the requirements of paragraphs 23(b) to (d).
Specific Requirements — Cigar Packages
Interpretation — primary packageDespite these Regulations, a package is considered to be a primary package if it is intended for retail sale in Canada and cigars that are individually covered by overwrap are directly placed in it.SOR/2023-97, s. 25
Overwrap — cigarAn overwrap that covers one cigar and an overwrap in which two or more cigars are placed must mould to the cigars and meet the requirements of paragraphs 24(b) to (d).Overwrap — two or more cigarsThe information and features referred to in section 25 may be displayed on an overwrap in which two or more cigars are placed.Overwrap — stickerSubject to subsections (4) and (5), the interior and exterior surfaces of an overwrap in which two or more cigars are placed must not include any sticker.Exception — required or authorized informationAn exterior surface of an overwrap in which two or more cigars are placed may include an irremovable sticker that displays information required or authorized by or under the Act, any other Act of Parliament or any Act of the legislature of a province, if the sticker is placed on the overwrap in such a manner that it does not conceal or obscure any such information on the overwrap.Sticker — requirementsThe requirements of section 9, subsections 10(1) and (2), sections 11 and 12, subsections 13(1) and 14(1), section 17 and subsection 20(1) that are related to interior and exterior surfaces apply to the sticker.SOR/2023-97, s. 25
Overwrap — primary packageAn overwrap that meets the requirements of sections 24 to 26 may be used, instead of a carton, to cover two or more primary packages that contain cigars.
LiningAny lining that is placed in a primary package that contains cigars musthave a smooth texture, without any raised features, embossing, decorative ridges, bulges or other irregularities, unless such features are necessary to hold the cigar in place or to remove it from the lining; andmeet the requirements of paragraphs 23(a) to (c).
Specific Requirements — Packages that Contain Devices or Parts Used with Devices
Interpretation — primary packageDespite these Regulations, a package is considered to be a primary package if it is intended for retail sale in Canada and a device that is necessary for the use of a tobacco product and that is covered by an overwrap is directly placed in it or a part that may be used with such a device and that is covered by an overwrap is directly placed in it.
Primary package shapeEvery primary package that contains a device that is necessary for the use of a tobacco product, or a part that may be used with such a device, must have a rectangular cuboid shape when it is closed, having six surfaces that meet at right angles and edges that are rigid and straight, without any rounding or bevelling.
OverwrapAny overwrap that covers a device that is necessary for the use of a tobacco product, or a part that may be used with such a device, must mould to the device or part and meet the requirements of paragraphs 24(b) to (d).Overwrap — more than one deviceIf an overwrap covers more than one device that is necessary for the use of a tobacco product or more than one part that may be used with such a device, the information and features referred to in section 25 may be displayed on the overwrap.SOR/2023-97, s. 30(F)
LiningAny lining that is placed in a primary package that contains a device that is necessary for the use of a tobacco product, or a part that may be used with such a device, mustbe made of plastic or rigid cardboard;have a smooth texture, without any raised features, embossing, decorative ridges, bulges or other irregularities, unless such features are necessary to hold the device or part in place or to remove it from the lining; andmeet the requirements of paragraphs 23(a) to (c).
InstructionsThe exterior surfaces of a primary package and of a secondary package that contains a device that is necessary for the use of a tobacco product, or a part that may be used with such a device, may display instructions for the safe handling or storage of the device or part if the instructionsdo not contain any promotion, image or design;are printed in characters of 10 points;are displayed, in both English and French, only once on the primary package and once on the secondary package;are displayed only on the exterior surface of any side of the package; andare oriented parallel to and in the same direction as any other information that is displayed on the same exterior surface of the package.SOR/2023-97, s. 26(F)
Specific Requirements — Packages that Contain Tobacco Products Intended for Use with Devices
Primary package shapeEvery primary package that contains a tobacco product that is made in whole or in part of tobacco and intended for use with a device that is necessary for the use of that product must have a rectangular cuboid shape when it is closed, having six surfaces that meet at right angles and edges that are rigid and straight, without any rounding or bevelling.
LiningAny lining that is placed in a primary package that contains a tobacco product that is made in whole or in part of tobacco and intended for use with a device that is necessary for the use of that product musthave a smooth texture, without any raised features, embossing, decorative ridges, bulges or other irregularities, unless such features are necessary to hold the product in place or to remove it from the lining; andmeet the requirements of paragraphs 23(a) to (c).
Specific Requirements — Packages that Do Not Contain Tobacco Products
Plain and standardized appearanceIf a manufacturer of a tobacco product furnishes a package so that a tobacco product may be directly placed in it after the product’s retail sale in Canada, the package must meet the requirements of these Regulations that apply to a primary package that contains the tobacco product, other than the requirements of subsection 14(3) and sections 23 and 32 to 37.BagDespite subsection (1), if a manufacturer of a tobacco product furnishes a bag so that a tobacco product, primary package or secondary package may be placed in it after the tobacco product, primary package or secondary package is sold at retail in Canada, the bag must meet the requirements ofsection 9;subsections 10(1) and (2);sections 11 and 12;subsection 13(1);subsection 14(1);section 15;subsection16(1) and paragraph 16(2)(a);sections 17 to 19;sections 20 and 21;subsections 22(1) to (4) and (7);sections 27 and 28;subsection 29(4);section 30; andsubsection 31(2).
Appearance and Dimensions of Tobacco ProductsGeneral Requirements
AppearanceSubject to section 62, every tobacco product that is made of tobacco that is rolled in paper or in a wrapper composed of reconstituted tobacco must have a smooth texture, without any raised features, embossing, decorative ridges, bulges or other irregularities.
FilterA filter may have holes or recesses that are not visible.
Alphanumeric codeA tobacco product may display an alphanumeric code described in subsection 15(1), printed in black or gray.Subsection 5.3(3) of the ActFor the purposes of subsection 5.3(3) of the Act, black and gray colouring agents used to display the alphanumeric code on a tobacco product are prescribed additives.Other requirementsThe alphanumeric code mustbe printed only once on the tobacco product, in characters of no more than 8 points;have a matte finish and be printed in a regular weight and width Lucida Sans Serif font style, without italics;in the case of cigarettes that have tipping paper, little cigars, cigars and tobacco products that are made in whole or in part of tobacco, rolled in paper and intended for use with a device, be oriented parallel to and displayed no more than 38 mm from the end of the tobacco product that is not designed to be lit or heated;in the case of cigarettes that do not have tipping paper, be oriented parallel to and displayed no more than 38 mm from the end of the cigarette that is closest to the health warning’s display area; andbe positioned in such a manner that it does not obscure or conceal any health warning, or any attribution referred to in subsection 83(1), that is displayed on the tobacco product.Exception — cigarsDespite paragraph (3)(a), instead of being printed on a cigar, the alphanumeric code may be printed on a cigar band that meets the requirements of subsection 71(4) if the code is displayed only once on the band and is printed in characters of no more than 10 points.Information — characteristicsThe alphanumeric code must not convey any information relating to characteristics of the tobacco product or its emissions.Brand elementThe alphanumeric code must not evoke the tobacco product’s brand elements.SOR/2023-97, s. 27
Means of electronic communicationA tobacco product must not include any feature that is designed to permit access remotely to any promotion by a means of electronic communication.Other types of informationThe tobacco product may include a feature that is designed to permit access remotely to other types of information by a means of electronic communication if the feature becomes visible only through technological means or meets the requirements imposed by or under the Act, any other Act of Parliament or any Act of the legislature of a province.SOR/2023-97, s. 30(F)
Specific Requirements — Cigarettes
Size of cigarettesCigarettes must have a diameter of no less than 7.65 mm and no more than 8.0 mm and must beno less than 70.0 mm and no more than 73.0 mm in length, in the case of regular size cigarettes; andno less than 82.0 mm and no more than 85.0 mm in length, in the case of king size cigarettes.
RequirementsA cigarette must meet the following requirements:the part of its filter, if any, that is visible under normal conditions of use must be white;the paper that it is made of must be white and have a matte finish; andits tipping paper must have a matte finish and be white or imitate a cork pattern.
Ventilation holesDespite section 61, the paper that a cigarette is made of, including any tipping paper, may have ventilation holes that do not form any word, image or design.
Specific Requirements — Little Cigars
Size of little cigarsLittle cigars must have a diameter of no less than 7.0 mm and no more than 8.5 mm.
RequirementsA little cigar must meet the following requirements:its mouthpiece or tip must have a matte finish and be white or drab brown;the part of its filter, if any, that is visible under normal conditions of use must be white; andits tipping paper must have a matte finish and be white or drab brown, or imitate a cork pattern.
Specific Requirements — Cigars
RequirementsA cigar must meet the following requirements:any mouthpiece or tip must have a matte finish and be white or drab brown; andany tipping paper must have a matte finish and be drab brown.
Information on cigar bandThe following information may be displayed on a cigar if it is displayed on a band that is fitted around the circumference of the cigar and meets the requirements of this section:a brand name that is not prohibited by the Act, if the brand name does not evoke a colour or a characteristic of a filter;the manufacturer’s identity and principal place of business; andthe name of the country in which the cigar was manufactured.Requirements — informationThe information referred to in subsection (1) may be displayed only once on the band and musthave a matte finish and be printed in a regular weight and width Lucida Sans Serif font style, in characters of no more than 10 points, without italics, and in gray; andbe displayed horizontally along the length of the band such that the text runs around the circumference of the cigar.Bar codeA bar code may be displayed only once on the band and must meet the requirements of subsection 16(1) and paragraph 16(2)(a).Requirements — cigar bandThe band must be drab brown and have a matte finish and smooth texture, without any raised features, embossing, decorative ridges, bulges or other irregularities.SOR/2023-97, s. 28(F)
Adhesive bandThe band referred to in section 71 may be placed over another band that does not meet the requirements of these Regulations if it completely covers the other band and is attached to it by adhesive and in such a manner that it cannot be removed without the other band being damaged.Non-compliant bandA band need not meet the requirements of these Regulations if it is completely covered, in accordance with subsection (1), by the band referred to in section 71.
Specific Requirements — Other Tobacco Products
Tobacco products used with a deviceThe requirements of section 66 apply to a tobacco product that is made in whole or in part of tobacco, rolled in paper and intended for use with a device.Tobacco products not rolled in paperA tobacco product that is made in whole or in part of tobacco and intended for use with a device but that is not rolled in paper must have a matte finish and be drab brown.
Ventilation holesDespite section 61, any paper in which a tobacco product that is intended for use with a device is rolled, including any tipping paper, may have ventilation holes that do not form any word, image or design.
DevicesExcept as otherwise provided by or under the Act, any other Act of Parliament or any Act of the legislature of a province, the surfaces of a device that is necessary for the use of a tobacco product and of the parts that may be used with the device need not be the natural colour of the materials of which they are made.
Marking on a deviceExcept as otherwise provided by or under the Act, any other Act of Parliament or any Act of the legislature of a province, a marking that is not a promotion may be displayed on a device that is necessary for the use of a tobacco product and on a part that may be used with the device.Exception — brand nameHowever, a brand name that is not prohibited by the Act may be displayed on a device and on a part that may be used with the device if the brand name does not evoke a colour or a characteristic of a filter.
FiltersThe part of a filter that is visible when the filter is used with a tobacco product under normal conditions of use must be white.
TubesThe requirements of paragraphs 66(a) to (c) apply to a tube that is intended for use with a tobacco product.
PaperAny paper — other than tipping paper — that is intended for use with a tobacco product must have a matte finish and be white.Ventilation holesDespite section 61, the paper may have ventilation holes that do not form any word, image or design.
BidisAny thread around the circumference of a bidi must be black.
Tobacco Product Labelling — Required InformationDefinitions
DefinitionsThe following definitions apply in this Part.health information message, in respect of a tobacco product, means the applicable health information message referred to in subsection 94(1). (message d’information sur la santé)labelling element, in respect of a tobacco product, meansa health warning described in section 87, a health information message described in section 92 or the toxicity information described in section 99 that is displayed on a package or leaflet; anda health warning described in section 117 that is displayed directly on a tobacco product referred to in that section. (élément d’étiquetage)source document means the document that sets out labelling elements, as well as the attribution of those labelling elements, entitled Labelling Elements for Tobacco Products, as amended from time to time and published by the Government of Canada in print and electronic form. (document source)toxicity information, in respect of a tobacco product, means the applicable toxicity information referred to in subsection 100(1). (information sur la toxicité)year means a period of 12 consecutive months beginning on the day on which section 89 comes into force or any subsequent anniversary of that day. (année)SOR/2023-97, s. 29
General Provisions
Electronic filesA manufacturer must obtain from the Minister, in the form of electronic files, the labelling elements and the attribution of the labelling elements, as set out in the source document, and display the labelling elements on tobacco products, packages or leaflets.Source documentSubject to the other provisions of this Part, a manufacturer must display labelling elements on tobacco products, packages and leaflets in the same manner as they are presented in the source document published in print form.SOR/2023-97, s. 29
AttributionIf a manufacturer attributes a labelling element contained in an electronic file, they must do so by displaying the phrase “Health Canada” with the English version of the labelling element and the phrase “Santé Canada” with the French version of the labelling element.Source documentSubject to the other provisions of this Part, a manufacturer must display the attribution of a labelling element on tobacco products, packages and leaflets in the same manner as it is presented in the source document published in print form.SOR/2023-97, s. 29
Legibility and official languagesThe text of labelling elements and attributions that are displayed on a tobacco product, package or leaflet must be legible and displayed in both official languages in the same manner.SOR/2023-97, s. 29
PermanenceLabelling elements that are displayed on a tobacco product, package or leaflet must be irremovable.SOR/2023-97, s. 29
PrintingLabelling elements and attributions that are displayed on a tobacco product, package or leaflet must be printedwith the greatest clarity possible taking into consideration the printing method used; andin colours that are as close as possible to the colours in which the labelling element and attribution are set out in the source document published in print form.SOR/2023-97, s. 29
Labelling on Packages — Required InformationHealth Warnings
Requirement — primary package and secondary packageEvery primary package and every secondary package that contains a tobacco product, other than papers and filters intended for use with a tobacco product, must display a health warning that consists of three or more of the following components:an image;a warning header;the explanatory text of the warning or related information; anda message about tobacco cessation and the pan-Canadian toll-free telephone number and Government of Canada web address relating to tobacco cessation.Requirement — overwrapEvery overwrap in which two or more cigars are placed must also display a health warning that consists of three or more of the components referred to in subsection (1).SOR/2023-97, s. 29
Source documentThe health warnings that are required for a tobacco product and must be displayed on packages are the health warnings set out for that type of product in the following Sections of the source document:in the case of cigarettes, Section A;in the case of little cigars, Section B;in the case of cigarette tobacco and tubes, Section C;in the case of cigars, Section D;in the case of pipe tobacco, Section E;in the case of chewing tobacco and snuff, Section F;Section G, in the case oftobacco products that are made in whole or in part of tobacco and intended for use with devices that are necessary for the use of those tobacco products,devices referred to in subparagraph (i), andparts that may be used with those devices;in the case of water pipe tobacco, Section H; andin the case of other tobacco products that are made in whole or in part of tobacco, Section I.Health warnings — rotationThe health warnings that are set out in the source document for each type of tobacco product must be used in rotation, beginning on the day on which these Regulations come into force, with each of the rotations set out in the source document being applicable during the following periods:in the case of cigarettes, little cigars, cigarette tobacco and tubes, 24 months; andin the case of any other type of tobacco product, 36 months.First rotationDespite paragraph (2)(a), in the case of cigarettes, little cigars, cigarette tobacco and tubes, the first rotation of health warnings applies during the period that begins on the day on which these Regulations come into force and ends on July 31, 2026.Rotation — transitionThe health warnings set out in a rotation in the source document may be used during the period of 90 days before the day on which that rotation applies in accordance with subsection (2).Retail sale continuedDespite paragraph (2)(b), if a new rotation of health warnings becomes applicable in respect of a type of tobacco product referred to in that paragraph that is sold, by a retailer, in a package that displays a health warning of the preceding rotation, the preceding rotation continues to apply.SOR/2023-97, s. 29
Equal useEvery manufacturer must, to the extent possible, use each health warning set out in each applicable rotation of health warnings in the source document in respect of an equal number of each type of package of each brand name of tobacco products that they package in a year.SOR/2023-97, s. 29
Placement — display areaA health warning must be displayed on the following display areas:in the case of a primary package that has a rectangular cuboid shape when it is closed,the exterior surface of the front and back of the primary package, orthe exterior surface of the top of the primary package, if the total surface area of the exterior surface of the front and back is less than or equal to the surface area of the exterior surface of the top;in the case of a cylindrical primary package that contains cigarette tobacco, each portion of the surface area of the package thatforms the exterior curved surface, around the circumference of the primary package, and makes up the exterior surface of the front or back of the package,extends from the top edge to the bottom edge, andforms a rectangle when projected on a flat plane;in the case of a cylindrical primary package that is a cigar tube, the exterior curved surface of the cigar tube;in the case of any other cylindrical primary package, the exterior surface of the top of the package;in the case of a primary package that is a pouch or soft package, the exterior surface of the front of the package;in the case of any other primary package,the exterior surface of the front and back of the primary package, orthe exterior surface of the top of the primary package, if the total surface area of the exterior surface of the front and back is less than or equal to the surface area of the exterior surface of the top;in the case of a secondary package that is a carton, the four largest exterior surfaces of the carton; andin the case of an overwrap, the exterior surface of the front of the overwrap.Space occupiedThe health warning and any attribution of the health warning must occupy at least the following portions of the display area of a package:in the case of a primary package that contains cigarettes, little cigars or cigarette tobacco, 75% of the display area;in the case of a primary package that contains cigars, other than a cigar tube, or a primary package that contains pipe tobacco, chewing tobacco or snuff, the greater of75% of the display area, andan area of 4 000 mm2;in the case of a primary package that is a cigar tube, the portion that constitutes 50% of the display area around the circumference of the cigar tube and 95% of the length of the display area, measured from the edge of the lid of the cigar tube;in the case of a primary package that contains any other tobacco product, the greater of75% of the display area, andan area of 2 500 mm2;in the case of a secondary package that is a carton, 75% of the display area; andin the case of an overwrap,an area of 4 500 mm2, if the display area is no more than 9 000 mm2 in size,an area of 6 800 mm2, if the display area is more than 9 000 mm2 and no more than more than 12 000 mm2 in size,an area of 9 000 mm2, if the display area is more than 12 000 mm2 and no more than more than 18 000 mm2 in size,an area of 13 500 mm2, if the display area is more than 18 000 mm2 and no more than more than 27 000 mm2 in size, andthe greater of 50% of the display area and an area of 20 250 mm2, if the display area is more than 27 000 mm2 in size.SOR/2023-97, s. 29SOR/2024-137, s. 1
Manner of display — official languagesHealth warnings must be displayed on packages in both official languages in such a manner thatin the case of a health warning that must be displayed on two display areas of a primary package, the English version is on one display area and the French version is on the other;in the case of a health warning that must be displayed on one display area of a primary package, the English and French versions are side by side;in the case of two health warnings that must be displayed on four display areas of a secondary package that is a carton, the two health warnings are displayed as follows:the English version of one health warning is on the display area on the front or back of the carton and the French version is on the display area on the front or back that remains unoccupied by the English version, andthe English version of the other health warning is on one of the display areas of the carton that remains unoccupied by the health warning referred to in subparagraph (i) and the French version is on the other display area that remains unoccupied by the health warning referred to in that subparagraph; andin the case of a health warning that must be displayed on one display area of an overwrap, the English and French versions are side by side.AlignmentThe health warnings must be positioned parallel to and as close as possible to the top edge of the package or to the hinge opening, depending on the type of package.Specific requirement — cigar tubeDespite subsection (2), in the case of a cigar tube, the health warning must be positioned perpendicular to the edge of the lid of the cigar tube.FormatThe health warnings must be displayed on packages in one of the following formats:if the height-to-width ratio of the portion of a display area on which a health warning must be displayed is less than 1, the “Landscape” format;if that ratio is more than 1, the “Portrait” format;if that ratio is equal to 1, the “Square” format.SOR/2023-97, s. 29SOR/2024-137, s. 2
Health Information Messages
Requirement — packageEvery primary package that contains cigarettes or cigarette tobacco must display a health information message that consists of the following components:an image;the explanatory text of the message or related information; andthe pan-Canadian toll-free telephone number and Government of Canada web address relating to tobacco cessation.Small primary package — cigarette tobaccoHowever, in the case of small primary package that contains cigarette tobacco and whose dimensions do not allow the health information message to be displayed on the package, on the applicable display area described in paragraph 96(1)(b) or (c), the health information message must be displayed on a leaflet that is at least 80 mm by 53 mm in size and is inserted in the package.SOR/2023-97, s. 29
Little cigarsA health information message consisting of the components referred to in subsection 92(1) must be displayed on a leaflet that is at least 65 mm by 43 mm in size and is inserted in every primary package that contains little cigars.SOR/2023-97, s. 29
Source documentThe health information messages that are required for a tobacco product are the health information messages set out for that type of tobacco product in the following Sections of the source document:in the case of cigarettes, Section A;in the case of little cigars, Section B; andin the case of cigarette tobacco, Section C.Health information messages — rotationThe health information messages that are set out in the source document for each type of tobacco product referred to in subsection (1) must be used in rotation, beginning on the day on which these Regulations come into force, with each of the rotations set out in the source document being applicable during a period of 24 months.First rotationDespite subsection (2), the first rotation of health information messages applies during the period that begins on the day on which these Regulations come into force and ends on July 31, 2026.Rotation — transitionThe health information messages set out in a rotation in the source document may be used during the period of 90 days before the day on which that rotation applies in accordance with subsection (2).SOR/2023-97, s. 29
Equal useEvery manufacturer must, to the extent possible, use each health information message set out in each applicable rotation of health information messages in the source document in respect of an equal number of each type of primary package of each brand name of cigarettes, little cigars and cigarette tobacco that they package in a year.SOR/2023-97, s. 29
Placement — display areaA health information message must be displayed on a primary package on the following display areas:in the case of a slide and shell package that contains cigarettes, the exterior surface of the upper slide-flap that is visible when the slide and shell package is used in the customary manner to gain access to the cigarettes;in the case of a cylindrical primary package that contains cigarette tobacco,any portion of the exterior curved surface that remains unoccupied by a health warning,a removable leaflet that is placed on the interior surface of the lid of the primary package and is in the form of a disc that has a cut-out in its centre, orthe freshness seal of the primary package;in the case of a primary package that has a rectangular cuboid shape when it is closed and that contains cigarette tobacco, any exterior surface that remains unoccupied by a health warning, other than the exterior surface of the bottom;in the case of a primary package that contains cigarette tobacco and that is a pouch or a soft package with a closure that is a longitudinal flap, the interior surface of the flap; andin the case of any other primary package that contains cigarette tobacco, the largest exterior surface of the package that remains unoccupied by a health warning.Removable leaflet — extensionA portion of the surface of the removable leaflet referred to in subparagraph (1)(b)(ii) may extend beyond the edge of the disc if the extended surface displays the phrases set out in subsection 97(2).Space occupiedThe health information message and any attribution of the health information message must occupy the following portions of the display area:in the case of a slide and shell package that contains cigarettes, the entire exterior surface of the upper slide-flap that is visible when the slide and shell package is used in the customary manner to gain access to the cigarettes;in the case of a cylindrical primary package that contains cigarette tobacco,for the exterior curved surface, an area of at least 4 240 mm2,for a removable leaflet referred to in subparagraph (1)(b)(ii), an area of at least 5 650 mm2, andfor the freshness seal referred to in subparagraph (1)(b)(iii), an area of at least 7 850 mm2; andin the case of any other primary package that contains cigarette tobacco, an area of at least 4 240 mm2.SOR/2023-97, s. 29
Manner of display — official languagesHealth information messages must be displayed on primary packages in both official languages in such a manner thatin the case of a display area other than a removable leaflet referred to in subparagraph 96(1)(b)(ii), the English and French versions are side by side; andin the case of a removable leaflet referred to in subparagraph 96(1)(b)(ii), the English version is displayed on one side and the French version on the other.Removable leaflet — extensionThe extended surface of the removable leaflet referred to in subparagraph 96(1)(b)(ii) may display the phrase “FRANÇAIS AU VERSO” in the English version and the phrase “ENGLISH ON OTHER SIDE” in the French version, printed in a regular weight and width Lucida Sans Serif font style, in characters of 9 points, in black upper case letters, without italics and in bold type.AlignmentA health information message that is displayed on the display area of a primary package that contains cigarette tobacco must bein the case of a display area on a pouch or soft package, centered in the display area and positioned parallel and as close as possible to the top edge of the longitudinal flap; andin the case of a display area other than one referred to in paragraph (a) or subparagraph 96(1)(b)(ii) or (iii), centered in the display area and positioned parallel and as close as possible to the top edge of the primary package.Alignment with health warningIf a health information message is displayed on a display area of a primary package on which a health warning is also displayed, the health information message must be oriented parallel to and in the same direction as the health warning.FormatThe health information message must be displayed on the primary package, including on a removable leaflet referred to in subparagraph 96(1)(b)(ii) or on the freshness seal referred to in subparagraph 96(1)(b)(iii), in “Landscape” format.SOR/2023-97, s. 29
Manner of display — subsection 92(2) and section 93A health information message, and any attribution of the health information message, that is displayed on a leaflet that is referred to in subsection 92(2) or section 93 and inserted in a primary package that contains cigarette tobacco or little cigars must be displayed on a display area that occupies the entire surface area of the leaflet.Official languagesThe English version of a health information message must be displayed on one side of the leaflet and the French version on the other.FormatThe health information message must be displayed in “Portrait” format on the leaflet .SOR/2023-97, s. 29
Toxicity Information
Requirement — primary package and secondary packageEvery primary package and secondary package that contains a tobacco product, other than papers and filters intended for use with a tobacco product, must display toxicity information that consists of the following components:a toxicity information header; andexplanatory text related to toxicity.Requirement — overwrapEvery overwrap in which two or more cigars are placed must also display toxicity information that consists of the components referred to in subsection (1).SOR/2023-97, s. 29
Source documentThe toxicity information that is required for a tobacco product is the toxicity information set out for that type of tobacco product in the following Sections of the source document:in the case of cigarettes, Section A;in the case of little cigars, Section B;in the case of cigarette tobacco and tubes, Section C;in the case of cigars, Section D;in the case of pipe tobacco, Section E;in the case of chewing tobacco and snuff, Section F;Section G, in the case oftobacco products that are made in whole or in part of tobacco and intended for use with devices that are necessary for the use of those tobacco products,devices referred to in subparagraph (i), andparts that may be used with those devices;in the case of water pipe tobacco, Section H; andin the case of other tobacco products made in whole or in part of tobacco, Section I.Toxicity information — rotationThe labelling elements related to toxicity information that are set out in the source document for each type of tobacco product must be used in rotation, beginning on the day on which these Regulations come into force, with each of the rotations set out in the source document being applicable during the following periods:in the case of cigarettes, little cigars, cigarette tobacco and tubes, 24 months; andin the case of any other tobacco product, 36 months.First rotationDespite paragraph (2)(a), in the case of cigarettes, little cigars, cigarette tobacco and tubes, the first rotation of labelling elements related to toxicity information applies during the period that begins on the day on which these Regulations come into force and ends on July 31, 2026.Rotation — transitionThe labelling elements related to toxicity information that are set out in a rotation in the source document may be used during the period of 90 days before the day on which that rotation applies in accordance with subsection (2).Retail sale continuedDespite paragraph (2)(b), if a new rotation of labelling elements related to toxicity information becomes applicable in respect of a type of tobacco product referred to in that paragraph that is sold, by a retailer, in a package that displays a labelling element related to toxicity information of the preceding rotation, the preceding rotation continues to apply.SOR/2023-97, s. 29
Equal useEvery manufacturer must, to the extent possible, use each labelling element related to toxicity information that is set out in each applicable rotation in the source document in respect of an equal number of each type of package of each brand name of tobacco products that they package in a year.SOR/2023-97, s. 29
Placement — display areaToxicity information must be displayed on the following display areas:in the case of a primary package that has a rectangular cuboid shape when it is closed,for a slide and shell package that contains cigarettes, the exterior surface of one of its sides, andfor any other primary package, one of the largest exterior surfaces of the package that remains unoccupied by a health warning or health information message, other than the exterior surface of the bottom;in the case of a cylindrical primary package that contains cigarette tobacco or that is a cigar tube, any portion of the exterior surface that remains unoccupied by a health warning or health information message, other than the exterior surface of the bottom;in the case of any other cylindrical primary package, any portion of the exterior surface that remains unoccupied by a health warning or health information message;in the case of a primary package that is a three-sided pouch or three-sided soft package, any exterior surface of the package that remains unoccupied by a health warning or health information message, other than the exterior surface of the bottom;in the case of any other primary package, any exterior surface of the package that remains unoccupied by a health warning or health information message;in the case of a secondary package that is a carton, one of its exterior surfaces that remains unoccupied by a health warning; andin the case of an overwrap, any exterior surface of the overwrap that remains unoccupied by a health warning, other than the exterior surface of the bottom.Space occupiedThe toxicity information and any attribution of the toxicity information must occupy the following portions of the display area of a package:in the case of a slide and shell package that contains cigarettes, the entire exterior surface of one of its sides;in the case of a primary package that is a cigar tube, the portion that constitutes 25% of the display area around the circumference of the cigar tube and 95% of the length of the display area, measured from the edge of the lid of the cigar tube;in the case of any other primary package that contains a tobacco product,if the display area is less than 1 000 mm2 in size, the entire display area, andif the display area is 1 000 mm2 or more in size, at least the greater of 30% of the display area and 1 000 mm2;in the case of a secondary package that is a carton, at least 50% of the display area; andin the case of an overwrap,if the display area is less than 10 000 mm2 in size, an area of at least 1 800 mm2, andif the display area is 10 000 mm2 or more in size, an area of at least 3 000 mm2.Exception — large display areaThe portion of the display area that the toxicity information occupies need not exceed 3 000 mm2, except in the case of a secondary package that is a carton.SOR/2023-97, s. 29SOR/2024-137, s. 3
Manner of display — official languagesToxicity information must be displayed on packages in both official languages in such a manner that the English and French versions are side by side.FormatThe toxicity information must be displayed on the package in “Landscape” format.Format — cigar tubesHowever, in the case of a cigar tube, the toxicity information must be displayed in “Elongated Landscape” format.SOR/2023-97, s. 29
Kits
Definition of kitIn sections 105 to 109, kit means a package in which two or more of the following types of tobacco products are placed, if at least two of those types of tobacco products are intended to be assembled together by a consumer for their use:cigarettes;little cigars;cigarette tobacco;leaf tobacco;cigars;pipe tobacco;tobacco sticks;chewing tobacco;snuff;blunt wraps;tobacco products that are made in whole or in part of tobacco and intended for use with devices that are necessary for the use of those tobacco products;devices referred to in paragraph (k);parts that may be used with those devices;tubes;any papers or filters intended for use with another tobacco product referred to in any of paragraphs (a) to (m) and (p), if that tobacco product is also placed in the package; andany other tobacco product.SOR/2023-97, s. 29
RequirementEvery kit must display a health warning described in section 87 and the toxicity information described in section 99.One type of tobacco productA kit that contains papers or filters as well as only one type of tobacco product referred to in any one of paragraphs 104(a) to (m) and (p) must display the health warning and the toxicity information required for that one type of tobacco product under sections 88 and 100, as applicable.Two or more typesA kit that contains two or more types of tobacco products referred to in any of paragraphs 104(a) to (n) and (p) must display the health warning and the toxicity information required under sections 88 and 100, as applicable,for the type of tobacco product, among any cigarettes, little cigars, cigarette tobacco or tubes that the kit contains, whose health warning occupies the largest portion of the display area in accordance with section 90;for the type of tobacco product, among any cigars, pipe tobacco or chewing tobacco that the kit contains, whose health warning occupies the largest portion of the display area in accordance with section 90, if the kit does not contain any of the types of tobacco products referred to in paragraph (a); andfor the type of tobacco product, among any other types of tobacco products that the kit contains, with the exception of papers and filters, whose health warning occupies the largest portion of the display area in accordance with section 90, if the kit does not contain any of the types of tobacco products referred to in paragraph (a) or (b).Portion of display area having same sizeIn respect of the display areas for two or more types of tobacco products contained in a kit, if the largest portion referred to in subsection (3) is the same size for at least two types of tobacco products among those referred to in any one of paragraphs 3(a), (b) and (c), the kit must display the health warning and toxicity information required under sections 88 and 100, as applicable, for the type of tobacco product whose health warnings are set out in the Section of the source document that appears first in the source document.SOR/2023-97, s. 29
Health Warning
Display areaA health warning must be displayed on the following display areas on a kit:the exterior surface of the front and back of the kit; orthe exterior surface of the top of the kit, if the total exterior surface area of the front and back of the kit is less than or equal to the exterior surface area of the top.Space occupiedThe health warning and any attribution of the health warning must occupy at least 75% of the display area.SOR/2023-97, s. 29
Manner of display — official languagesA health warning must be displayed on a kit in both official languages in such a manner thatin the case of a health warning that must be displayed on two display areas of a kit, the English version is on one display area and the French version is on the other; andin the case of a health warning that must be displayed on one display area of a kit, the English and French versions are side by side.FormatThe health warning must be displayed on the kit in “Landscape” format.SOR/2023-97, s. 29
Toxicity Information
Display areaToxicity information must be displayed on a display area that is one of the exterior surfaces of the kit that remains unoccupied by a health warning.Space occupiedThe toxicity information and any attribution of the toxicity information must occupy at least 50% of the display area.SOR/2023-97, s. 29
Manner of display — official languagesToxicity information must be displayed on kits in both official languages in such a manner that the English and French texts are side by side.FormatThe toxicity information must be displayed on kits in “Landscape” format.SOR/2023-97, s. 29
Technical Specifications — Manner of Display
Labelling on package — integrityThe customary method of opening a package containing a tobacco product must not sever or otherwise damage a labelling element or render it illegible.Severed packageHowever, a labelling element may be severed and two lines of text within the labelling element may be separated when the package is opened by the customary method ifthe integrity of the labelling element is restored when the package is closed; andno letter, numeral or other character that is part of the labelling element is severed.Non-applicationThis section does not apply to a package that is ordinarily torn during or discarded after opening.SOR/2023-97, s. 29
VisibilityA labelling element, component of a labelling element or attribution of a labelling element must not be obscured, except partially by a tear tape required under provincial legislation.CoverageA labelling element, component of a labelling element or attribution of a labelling element must not be concealed, except partially by a tobacco excise stamp and on the following conditions:the labelling element is concealed to the least extent possible and to a maximum surface area of 180 mm²; andthe labelling element or attribution is adapted in accordance with section 115 in such a manner that none of the components of the labelling element nor the attribution is entirely concealed by the tobacco excise stamp.SOR/2023-97, s. 29
Tax stampA labelling element or attribution of a labelling element must not conceal or obscure a tobacco excise stamp that is affixed to the package in the manner prescribed by the Stamping and Marking of Tobacco, Cannabis and Vaping Products Regulations.SOR/2023-97, s. 29
Orientation of textThe text of a health warning or health information message must be oriented in such a manner that it is readable from left to right when a package is used in the customary manner to gain access to the tobacco product.SOR/2023-97, s. 29
Leaflet — visibility and readabilityA leaflet on which a labelling element is displayed must bereadily visible when the package is used in the customary manner to gain access to the tobacco product;easily removable from the package; andplaced in the package in a manner that would make the text of the labelling element, or some portion of the text, readable without further manipulation.SOR/2023-97, s. 29
AdaptationDespite sections 82 and 83, if a labelling element or attribution of a labelling element does not fit the portion of the display area on a package, or the surface area on a leaflet, that it must occupy, the labelling element or attribution must be adapted as follows:the components referred to in subsections 87(1), 92(1) and 99(1) must, to the extent possible, maintain the scale of the components in the source document;the attribution must, to the extent possible, maintain the scale of the attribution in the source document;the positions of the components and attribution must, to the extent possible, be maintained relative to each other;the integrity of the labelling element must be maintained;the explanatory text and related information of a component may be displaced solely to meet the requirements of subsections 110(1) and 111(1); andthe number of lines of text may be adapted solely to avoid distortion of a component or attribution.SOR/2023-97, s. 29
Finish — health warningFor greater certainty, the text of a health warning or attribution of a health warning that is displayed on a package must have a glossy finish.Finish — pouch or soft packageIn the case of a primary package that is a pouch or soft package and whose interior and exterior surfaces include a transparent film, the text of a health warning or an attribution of a health warning must have a matte or glossy finish.Health information message and toxicity informationThe text of a health information message, the toxicity information or an attribution of those labelling elements that is displayed on a package or leaflet must have a matte or glossy finish.SOR/2023-97, s. 29
Labelling on Tobacco Products — Required Information
Requirement — tobacco productsA health warning that consists of the explanatory text of the warning or of a warning pictogram or of both the explanatory text and a warning pictogram must be displayed directly on cigarettes, little cigars and tubes.Exception — little cigars without tipping paperSubsection (1) does not apply to little cigars that do not have tipping paper.SOR/2023-97, s. 29
Source documentThe health warnings that are required for a tobacco product and must be displayed directly on the product are the health warnings set out for that type of tobacco product in the following Sections of the source document:in the case of cigarettes, Section A;in the case of little cigars, Section B; andin the case of tubes, Section C.Health warnings — rotationThe health warnings that are set out in the source document for each type of tobacco product referred to in subsection (1) must be used in rotation, beginning on the day on which these Regulations come into force, with each of the rotations set out in the source document being applicable during a period of 24 months.First rotationDespite subsection (2), the first rotation of health warnings applies during the period that begins on the day on which these Regulations come into force and ends on July 31, 2026.Rotation — transitionThe health warnings set out in a rotation in the source document may be used during the period of 90 days before the day on which that rotation applies in accordance with subsection (2).SOR/2023-97, s. 29
Equal useEvery manufacturer must, to the extent possible, use each health warning set out in each applicable rotation of health warnings in the source document in respect of an equal number of each size of each brand name of cigarettes, little cigars and tubes that they package in a year.SOR/2023-97, s. 29
Placement — display areaA health warning that is displayed on a cigarette, little cigar or tube must be displayed on a display area that consists of the surface of the tobacco product’s tipping paper.Exception — cigarette without tipping paperHowever, in the case of a cigarette that does not have tipping paper, the health warning must be displayed on a display area that consists of the surface of the paper that covers the rolled tobacco.Display area — lengthThe display area must be at least 24 mm in length,measured, in the case of a cigarette, little cigar or tube, from the end of the cigarette, little cigar or tube that is not designed to be lit; ormeasured, in the case of a cigarette referred to in subsection (2), from one of the ends of the cigarette.Space occupiedThe health warning and any attribution of the health warning must occupy the entire length of the display area and at least 80% of the display area around the circumference of the cigarette, little cigar or tube.SOR/2023-97, s. 29
Manner of display — official languagesThe health warning must be displayed on cigarettes, little cigars or tubes in both official languages in such a manner thatthe English and French versions each occupy at most 40% of the display area; andone version is below the other.AlignmentThe health warning must be centered horizontally along the length of the display area of the cigarette, little cigar or tube.TextThe text of the health warning must be printed on two white backgrounds, with the English version on one and the French version on the other.FormatThe health warning must be displayed on the cigarette, little cigar or tube in “Landscape” format.Format — length of tipping paperHowever, if the tipping paper of the cigarette, little cigar or tube is 30 mm or more in length, the health warning must be displayed in “Elongated Landscape” format.SOR/2023-97, s. 29
Subsection 5.3(3) of the ActFor the purposes of subsection 5.3(3) of the Act, all colouring agents used to display a health warning or an attribution on a cigarette, little cigar or tube are prescribed additives.SOR/2023-97, s. 29
VisibilityThe entire text of each of the English and French versions of a health warning must be visible under normal conditions of use of a cigarette, little cigar or tube without turning the tobacco product.Alphanumeric codeThe health warning and any attribution of the health warning must be positioned in such a manner that they do not obscure or conceal the alphanumeric code referred to in subsection 63(1), if any.SOR/2023-97, s. 29
[Amendments](Section 12 and subsection 14(3))Display Areas for Health WarningsColumn 1Column 2ItemType of PackageDisplay Areas1Slide and shell packageThe two largest sides of the package2Slide and shell package with a lateral slideThe two largest sides of the package3Box that is not a cartonIf the two largest sides, excluding the top and bottom of the package, have a total surface area greater than the surface area of the top, the two largest sidesIf the two largest sides, excluding the top and bottom of the package, have a total surface area less than or equal to the surface area of the top, the top4CartonThe two largest sides of the package are the two primary display areas and the next two largest remaining sides are the two secondary display areas
(Section 17)Display Areas for Toxic Emissions StatementsColumn 1Column 2ItemType of PackageDisplay Areas1Slide and shell packageA side, other than that on which a health warning is displayed, excluding the top and bottom of the package2Slide and shell package with a lateral slideA side, other than that on which a health warning is displayed, excluding the top and bottom of the package3Box that is not a cartonIf the health warnings are displayed on sides other than the top of the package, one of the largest remaining sides, excluding the bottomIf the health warning is displayed on the top of the package, one of the largest remaining sides, excluding the bottom4CartonThe remaining sides, other than the sides on which the health warnings are displayed
RELATED PROVISIONS — SOR/2023-97, s. 31
The following definitions apply in this section and sections 32 to 36.former Regulations meansin respect of the following tobacco products, the Tobacco Products Labelling Regulations (Cigarettes and Little Cigars) as they read immediately before the day on which these Regulations come into force:cigarettes, andlittle cigars; andin respect of the following tobacco products, the Tobacco Products Information Regulations as they read immediately before the day on which these Regulations come into force:cigarette tobacco,leaf tobacco,cigars,pipe tobacco,tobacco sticks,chewing tobacco,snuff,kreteks, andbidis. (règlement antérieur)new Regulations means the Tobacco Products Appearance, Packaging and Labelling Regulations as they read on the day on which these Regulations come into force. (nouveau règlement)All other words and expressions used in this section and sections 32 to 36 have the same meaning as in the new Regulations.
 — SOR/2023-97, s. 32
If a package of a tobacco product or any leaflet provided with the tobacco product displays information in accordance with the former Regulations and that product is sold or distributed by a manufacturer, the former Regulations continue to apply to the package or the leaflet until January 31, 2024.If a package of a tobacco product or any leaflet provided with the tobacco product displays information in accordance with the former Regulations and that product is sold by a retailer, the former Regulations continue to apply to the package or the leaflet until April 30, 2024.
 — SOR/2023-97, s. 33
A manufacturer may sell or distribute, until January 31, 2024, a tobacco product in respect of which the former Regulations do not apply and whose package, or any leaflet provided with the tobacco product, does not display information in accordance with Part 3 of the new Regulations.A retailer may sell, until April 30, 2024, a tobacco product in respect of which the former Regulations do not apply and whose package, or any leaflet provided with the tobacco product, does not display information in accordance with Part 3 of the new Regulations.
 — SOR/2023-97, s. 34
A manufacturer may sell or distribute, until July 31, 2026, cigarettes in a slide and shell package that does not meet the requirements of section 42.1 of the new Regulations, if the health information message referred to in paragraph 94(1)(a) of the new Regulations is displayed on both the display area referred to in paragraph 96(1)(a) of the new Regulations and the exterior surface of the slide.A retailer may sell, until October 31, 2026, cigarettes in a slide and shell package that does not meet the requirements of section 42.1 of the new Regulations, if the health information message referred to in paragraph 94(1)(a) of the new Regulations is displayed on both the display area referred to in paragraph 96(1)(a) of the new Regulations and the exterior surface of the slide.
 — SOR/2023-97, s. 35
A manufacturer may continue to sell or distribute, until April 30, 2024, king size cigarettes that do not meet the requirements of Part 3 of the new Regulations.A retailer may continue to sell, until July 31, 2024, king size cigarettes that do not meet the requirements of Part 3 of the new Regulations.
 — SOR/2023-97, s. 36
A manufacturer may continue to sell or distribute, until January 31, 2025, regular size cigarettes, little cigars and tubes that do not meet the requirements of Part 3 of the new Regulations.A retailer may continue to sell, until April 30, 2025, regular size cigarettes, little cigars and tubes that do not meet the requirements of Part 3 of the new Regulations.
 — SOR/2024-137, s. 4
The following definitions apply in this section.former Regulations means the Tobacco Products Appearance, Packaging and Labelling Regulations as they read immediately before the day on which these Regulations come into force. (règlement antérieur)new Regulations means the Tobacco Products Appearance, Packaging and Labelling Regulations as they read on the day on which these Regulations come into force. (nouveau règlement)Words and expressions used in this section have the same meaning as in the Tobacco Products Appearance, Packaging and Labelling Regulations.A manufacturer may sell or distribute, until July 31, 2026, a tobacco product contained in a primary package placed in a carton that does not meet the requirements of paragraph 90(1)(g), subparagraph 91(1)(c)(ii) and paragraph 102(1)(f) of the new Regulations if the carton meets the requirements of paragraph 90(1)(g), subparagraph 91(1)(c)(ii) and paragraph 102(1)(f) of the former Regulations.A retailer may sell, until October 31, 2026, a tobacco product contained in a primary package placed in a carton that does not meet the requirements of paragraph 90(1)(g), subparagraph 91(1)(c)(ii) and paragraph 102(1)(f) of the new Regulations if the carton meets the requirements of paragraph 90(1)(g), subparagraph 91(1)(c)(ii) and paragraph 102(1)(f) of the former Regulations.
SOR/2024-1372024-06-17SOR/2023-972023-08-01