Interpretation

Marginal note:Definitions

1 The definitions in this section apply in these Regulations.

Act

Act means the Tobacco and Vaping Products Act. (Loi)

brand

brand means all of the brand elements that as a whole are used by a manufacturer to identify to a consumer a tobacco product made by the manufacturer. (marque)

carton

carton means a package that contains two or more packages of a tobacco product, other than a tube, a filter or cigarette paper. (cartouche)

cigar

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 that has a wrapper, or a wrapper and a binder, composed of natural or reconstituted tobacco. (cigare)

cigarette

cigarette[Repealed, SOR/2011-179, s. 1]

equivalent unit

equivalent unit[Repealed, SOR/2011-179, s. 1]

health information

health information means the information set out in Part 4 of the source document, but does not include the attribution of that information to its source as provided for in subsection 4(1). (information de santé)

health warning

health warning means

• (a) in respect of cigarette tobacco, kreteks, leaf tobacco and tobacco sticks, the warnings that are set out in Part 1 of the source document;

• (b) in respect of pipe tobacco, other than pipe tobacco described in subsection 6(1), the warnings that are set out in Part 2 of the source document;

• (c) in respect of pipe tobacco cigars described in section 6, the warnings that are set out in Part 3 of the source document; and

• (d) in respect of bidis, chewing tobacco and snuff, the warnings that are set out in subsections 5(4) to (6).

This definition does not include the attribution of those warnings to their source as provided for in subsection 4(1). (mise en garde)

identical products

identical products means tobacco products that

• (a) contain identical ingredients;

• (b) are manufactured in an identical manner;

• (c) have identical dimensions; and

• (d) perform in an identical manner under the same testing conditions. (produits identiques)

kit

kit means a package that includes any of the following tobacco products together with another tobacco product, which products are intended to be assembled by a consumer for their use:

• (a) [Repealed, SOR/2011-179, s. 1]

• (b) cigarette tobacco;

• (c) leaf tobacco;

• (d) cigars;

• (e) pipe tobacco;

• (f) tobacco sticks;

• (g) chewing tobacco;

• (h) snuff;

• (i) kreteks; or

• (j) bidis. (trousse)

mainstream smoke

mainstream smoke[Repealed, SOR/2011-179, s. 1]

manufacturer

manufacturer does not include an individual or entity that only packages or only distributes tobacco products on behalf of a manufacturer. (fabricant)

principal display surface

principal display surface, means

• (a) in the case of a package, carton or kit that has at least two equal sized sides or surfaces, other than the top and bottom, that may be displayed or visible under normal or customary conditions of sale or use, the area of each of two of those sides or surfaces, including the sides of any lid or cover if those sides are part of the sides of the package, carton or kit;

• (b) in the case of a package, carton or kit that has sides of more than one size, the area of each half of the total area of its largest side;

• (c) in the case of a package, carton or kit that has a lid or flap that is the part of the package, carton or kit displayed or visible under normal or customary conditions of sale or use, the area of each half of the total area of the top surface of the lid or flap; and

• (d) in the case of a package, carton or kit that does not have a particular side or surface that is predominantly displayed or visible under normal or customary conditions of sale or use, any two portions that each occupy 40% of the total surface area of the package, carton or kit and that can be displayed or visible under normal or customary conditions of sale or use, excluding, where applicable, the top surface of any lid, but including the side of the lid if the side is a part of the side of the package, carton or kit. (principale surface exposée)

slide

slide means the sliding portion of a slide and shell package. (tiroir)

source document

source document means the document entitled Health Warnings and Information for Tobacco Products, published by the Department of Health, dated May 12, 2000, as amended on March 30, 2007. (document source)

toxic constituent

toxic constituent means a toxic constituent listed in column 1 of Schedule 2. (constituant toxique)

toxic emission

toxic emission[Repealed, SOR/2011-179, s. 1]

type of package

type of package includes each size of the following types of packages:

• (a) in respect of bidis, kreteks and tobacco sticks,

  • (i) a slide and shell package,

  • (i.1) a slide and shell package with a lateral slide,

  • (ii) a flip-top package, and

  • (iii) a soft package;

• (b) in respect of cigarette tobacco and pipe tobacco,

  • (i) a pouch,

  • (ii) a can, and

  • (iii) a tub;

• (c) in respect of cigars,

  • (i) a tube,

  • (ii) a flip-top box,

  • (iii) a soft package, and

  • (iv) a bundle; and

• (d) in respect of chewing tobacco and snuff, a plastic or metal container. (type d’emballage)

unit

unit[Repealed, SOR/2011-179, s. 1]

Application

Marginal note:Retail sale

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

General

Marginal note:Must be legible

• 3 (1) Any written information that is required by these Regulations to be displayed shall be displayed

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

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

• Marginal note:Health warnings and health information

  (2) Health warnings and health information shall

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

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

• Marginal note:Colour and clarity

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

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

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

Marginal note:Attribution

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

• Marginal note:Removal of attribution

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

Health Warnings

Marginal note:Obligation to display

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

• Marginal note:Manner of display

  (2) The health warnings must

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

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

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

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

• Marginal note:Pitch

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

• Marginal note:Bidis

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

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

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

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

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

• Marginal note:Chewing tobacco and oral snuff

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

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

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

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

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

• Marginal note:Nasal snuff

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

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

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

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

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

• Marginal note:Equal display

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

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

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

Marginal note:Pipe tobacco and cigars

• 6 (1) Every manufacturer of pipe tobacco contained in a pouch or cigars contained in a box shall display, on only one side of the pouch or box, one of the bilingual health warnings set out in Part 3 of the source document such that the warning is not severed when the pouch or box is opened, as follows:

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

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

• Marginal note:Cigars in bundles

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

Health Information

Marginal note:Display

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

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

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

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

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

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

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

  • (c) in the case of a tub

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

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

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

    • (iv) on the freshness seal.

• Marginal note:Leaflet

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

• Marginal note:Equal display

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

Toxic Emissions and Toxic Constituents

Marginal note:Test methods

• 8 (1) Section 5 and subsections 12(3) to (6) of the Tobacco Reporting Regulations apply to the testing of a tobacco product for the purpose of obtaining information that is to be displayed in accordance with section 10 of these Regulations.

• Marginal note:Exception

  (2) A manufacturer is not required to perform the tests in respect of a particular brand of tobacco product if the manufacturer

  • (a) sells identical products under more than one brand, including the particular brand;

  • (b) performs the tests in respect of another of those brands of identical products (in this subsection referred to as the “reference brand”);

  • (c) displays, in accordance with section 10, on the packages of the reference brand the information obtained from the tests described in paragraph (b); and

  • (d) displays, in accordance with section 10, the same information on the packages of all of the other brands of identical products, including the particular brand.

Marginal note:Toxic emissions

9 Every manufacturer of cigarette tobacco, kreteks, leaf tobacco and tobacco sticks shall display on every package, other than a carton, kit or wrapper, of those tobacco products the texts “Some of the toxic emissions: Tar, Nicotine, Carbon monoxide, Formaldehyde, Hydrogen cyanide, Benzene” and “Quelques-unes des émissions toxiques : goudron, nicotine, monoxyde de carbone, formaldéhyde, acide cyanhydrique, benzène” such that those texts are one under the other.

Marginal note:Toxic constituents

10 Every manufacturer of chewing tobacco or snuff shall display on every package, other than a carton, kit or wrapper, of chewing tobacco or snuff that they manufacture

• (a) with a variation of not more than 5%, the mean amount of toxic constituents contained in the chewing tobacco or snuff, expressed in milligrams, micrograms or nanograms per gram of chewing tobacco or snuff and determined in accordance with the official method set out for that toxic constituent in column 2 of Schedule 2; and

• (b) the information referred to in paragraph (a), in the order set out in column 1 of Schedule 2, in such a manner that the English and French texts are one under the other, preceded by the words “Toxic constituents/gram:” and “Constituants toxiques/gramme :”.

Marginal note:Placement, presentation and expression

11 The information to be displayed in accordance with sections 9 and 10 shall be displayed

• (a) on any side of the package, other than a side displaying a health warning, or, in the case of a package of chewing tobacco or snuff, on its bottom, in a manner that it occupies no less than 50% of the entire side or bottom;

• (b) in Helvetica bold type in black characters of 10 points on a white background, or, if it is impossible to display the information without occupying more than 70% of the surface on which it is to be displayed under paragraph (a), in a pitch that results in the information occupying not less than 60% of that surface; and

• (c) using the full name of the emission or constituent and not its chemical formula or any other abbreviated name.

Slide and Shell Packages

Marginal note:Texts to be displayed

• 12 (1) Every manufacturer of bidis, kreteks or tobacco sticks contained in slide and shell packages shall, in accordance with this section, display on the upper slide-flap the health information that is set out for that purpose in Part 4 of the source document.

• Marginal note:Manner of display

  (2) The health information required under subsection (1) shall be displayed in a manner that the English and French texts are one under the other and together occupy at least 50% of the surface of the upper slide-flap.

• Marginal note:Equal display

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

• Definition of upper slide-flap

  (4) In this section, upper slide-flap means, in respect of a slide and shell package, the 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 product.

Cartons and Kits

Marginal note:Display

• 13 (1) Every manufacturer of a tobacco product contained in a carton or kit shall, in addition to the information otherwise displayed on each package, display on the carton or kit

  • (a) on the principal display surface, a health warning in accordance with subsections 5(1), (2), (3) and (7);

  • (b) on the two next largest sides, a health warning from those mentioned in paragraph (a) so that it occupies at least 50% of the surface of each of those sides; and

  • (c) on the remaining sides, except in the case of transparent cartons and transparent kits, either

    • (i) a health warning from those mentioned in paragraph (a) so that it occupies at least 50% of the surface of those sides; or

    • (ii) the following, in such a manner that the English and French texts are one under the other and together occupy at least 50% of those sides, in Helvetica type and in a pitch that results in it occupying not less than 60% and not more than 70% of the surface to be occupied:

      • (A) in the case of chewing tobacco and snuff, the mean amount of the toxic constituents, determined in accordance with section 10, and

      • (B) in any other case except bidis, the texts “Some of the toxic emissions: Tar, Nicotine, Carbon monoxide, Formaldehyde, Hydrogen cyanide, Benzene” and “Quelques-unes des émissions toxiques : goudron, nicotine, monoxyde de carbone, formaldéhyde, acide cyanhydrique, benzène”.

• Marginal note:Health information

  (2) Every manufacturer of cigarettes contained in soft packages that are packaged in cartons or kits shall insert in each of those cartons a leaflet that displays health information in the manner specified in section 7.

Coming into Force

Marginal note:Coming into force

• 14 (1) These Regulations, except sections 8 to 11, come into force

  • (a) in respect of a brand of cigarettes that, for the year preceding the year in which these Regulations are registered, has total sales in Canada of that brand in that year of more than 2% of the total sales in Canada of cigarettes in that preceding year, on the day that is 180 days after the day on which these Regulations are registered; and

  • (b) in respect of any other tobacco product, one year after the day on which these Regulations are registered.

• Marginal note:Toxic emissions and constituents

  (2) Sections 8 to 11 come into force one year after the day on which these Regulations are registered.