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Tobacco Reporting Regulations (SOR/2000-273)

Regulations are current to 2022-06-20 and last amended on 2019-03-04. Previous Versions

Tobacco Reporting Regulations

SOR/2000-273

TOBACCO AND VAPING PRODUCTS ACT

TOBACCO ACT

Registration 2000-06-26

Tobacco Reporting Regulations

P.C. 2000-1040 2000-06-21

Whereas, pursuant to section 42.1 of the Tobacco ActFootnote a, the Minister of Health laid a copy of the proposed Tobacco Reporting Regulations, substantially in the annexed form, before the House of Commons on May 12, 2000 and the House of Commons concurred on June 8, 2000 in a report from the Standing Committee on Health approving the proposed Regulations;

Therefore, Her Excellency the Governor General in Council, on the recommendation of the Minister of Health, pursuant to sections 7 and 33 of the Tobacco ActFootnote a, hereby makes the annexed Tobacco Reporting Regulations.

Interpretation

Marginal note:Definitions

 The definitions in this section apply in these Regulations.

accredited representative

accredited representative means a person who is entitled to the tax exemptions specified in Article 34 of the Convention set out in Schedule I to the Foreign Missions and International Organizations Act or Article 49 of the Convention set out in Schedule II to that Act. (représentant accrédité)

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)

CAS registry number

CAS registry number means the identification number that is assigned to a chemical substance by the Chemical Abstracts Service Division of the American Chemical Society. (numéro d’enregistrement CAS)

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 includes any roll or tubular construction that contains tobacco and is intended for smoking, other than a bidi, cigar, kretek or little cigar. (cigarette)

civic address

civic address means

  • (a) for an address in Canada, the unit number, civic number, street name, municipality name, province name and postal code; and

  • (b) for an address outside Canada, the unit number, civic number, street name, municipality name, state or province name, postal or ZIP code and country name. (adresse municipale)

constituent

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

consumer tobacco product

consumer tobacco product means any of the following types of tobacco product that is for use by a consumer:

  • (a) bidis;

  • (b) cigarettes;

  • (c) cigarette tobacco;

  • (d) cigars;

  • (e) kreteks;

  • (f) little cigars;

  • (g) pipe tobacco;

  • (h) smokeless tobacco. (produit du tabac pour consommation)

designated tobacco product

designated tobacco product means either of the following types of consumer tobacco product:

  • (a) cigarettes;

  • (b) kreteks. (produit du tabac désigné)

duty free shop

duty free shop has the same meaning as in subsection 2(1) of the Customs Act. (boutique hors taxes)

emission

emission means, in the case of an emission contained in mainstream smoke, an emission listed in column 1 of Schedule 2 and, in the case of an emission contained in sidestream smoke, an emission listed in column 1 of Schedule 3. (émission)

equivalent unit

equivalent unit[Repealed, SOR/2019-64, s. 1]

identical products

identical products[Repealed, SOR/2019-64, s. 1]

ingredient

ingredient[Repealed, SOR/2019-64, s. 1]

kit

kit[Repealed, SOR/2019-64, s. 1]

mainstream smoke

mainstream smoke means the smoke that is drawn through the port of a smoking machine when a tobacco product is placed in the machine and combusted. (fumée principale)

manufacturer

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

new brand

new brand means

  • (a) a brand of consumer tobacco product that a manufacturer sells in a year and that was not referred to in a report submitted under section 13 for any portion of the preceding year; and

  • (b) a brand of cigarette papers, tubes or filters that a manufacturer sells in a year and that was not referred to in a report submitted under section 11 for the preceding year.

It does not include any product that was mentioned under a different brand name in a report referred to in paragraph (a) or (b). (nouvelle marque)

sidestream smoke

sidestream smoke means the smoke, other than mainstream smoke, that leaves a tobacco product when the product is placed in a smoking machine and combusted. (fumée latérale)

smokeless tobacco

smokeless tobacco means chewing tobacco, nasal snuff and oral snuff. (tabac sans fumée)

type of package

type of package includes each of the following types of packages as well as each of their sizes:

  • (a) slide and shell package;

  • (b) slide and shell package with lateral moving slide;

  • (c) flip-top package;

  • (d) soft package;

  • (e) pouch;

  • (f) bag;

  • (g) can;

  • (h) tub;

  • (i) tube;

  • (j) flip-top box;

  • (k) bundle;

  • (l) plastic or metal container;

  • (m) shoulder box. (type d’emballage)

type of tobacco

type of tobacco includes the types of tobacco leaves commonly known as

  • (a) Virginia flue-cured;

  • (b) Maryland;

  • (c) Burley; and

  • (d) Oriental. (type de tabac)

unit

unit[Repealed, SOR/2019-64, s. 1]

year

year means a calendar year. (année)

Application

 [Repealed, SOR/2019-64, s. 2]

Marginal note:Application

 Every provision of these Regulations that applies to a brand of tobacco product also applies to every size of product of that brand.

General Requirements

Marginal note:Information

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

  • Marginal note:Content of reports

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

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

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

    • (c) the date of the report;

    • (d) the period covered by the report; and

    • (e) the section of these Regulations under which the report is made.

  • Marginal note:Attestation

    (3) The individual who prepared the report must attach to the report an attestation that states that the information in the report is true and complete to the best of their knowledge and belief and is provided in good faith.

  • Marginal note:Brand name

    (4) The manufacturer must use a unique brand name to identify each consumer tobacco product in a report submitted under section 13 and must use it in a uniform manner in all other reports submitted in respect of the same consumer tobacco product.

  • Marginal note:Change to brand name

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

  • Marginal note:Exception — export

    (6) The reports referred to in sections 10 to 12, 14, 15 and 17 to 24 are not required for consumer tobacco products that are manufactured solely for export.

Marginal note:Data collection

 Any data used in the preparation of a report must be obtained from tests performed on tobacco products that are sampled and tested during the period covered by the report.

Marginal note:Laboratory accreditation

 Any test performed on a tobacco product for the purposes of these Regulations must be performed by a laboratory that

  • (a) is accredited by the Standards Council of Canada or any other accreditation body that is a signatory to the International Laboratory Accreditation Cooperation (ILAC) Mutual Recognition Arrangement, under the most recent version of the International Organization for Standardization standard ISO/IEC 17025, entitled General Requirements for the Competence of Testing and Calibration Laboratories; and

  • (b) has been issued a document by the body that accredited it, specifying the test methods set out in these Regulations for which the laboratory is accredited.

Marginal note:Documents to submit

 A manufacturer that uses data obtained from a test performed by a laboratory for the purpose of preparing any report under section 12, 14 or 14.2 must attach a copy of the following documents to the report:

  • (a) the laboratory report that includes the data used in the preparation of the report required by these Regulations and that specifies the type of tobacco product that was tested, as well as its brand name; and

  • (b) the document referred to in paragraph 5(b) that proves the laboratory’s accreditation at the time when the test was performed.

Marginal note:Electronic format

  •  (1) The reports and other information are to be submitted in a legible electronic format.

  • Marginal note:Reports under sections 12, 14 and 14.2

    (2) The information referred to in subsections 12(7), 14(2) and 14(7) and the toxicity data collected in accordance with subsection 14.2(3) must be set out in an orderly and logical manner and clearly labelled through the use of headings or tables and must be submitted in an electronic format that permits the Minister to

    • (a) have access to the information or data; and

    • (b) process the information or data electronically without having to recopy or re-enter them.

 [Repealed, SOR/2019-64, s. 3]

Reports

Manufacturer Profile Report

Marginal note:Content of report

  •  (1) The profile report on a manufacturer of tobacco products must set out

    • (a) a list of every type of tobacco product that the manufacturer sells;

    • (b) for each type of tobacco product that the manufacturer sells, other than a consumer tobacco product, a list of brand names used to identify the brands of tobacco products that the manufacturer sells; and

    • (c) the name and civic address of each warehouse in Canada that the manufacturer uses to store tobacco products for distribution and sale.

  • Marginal note:Digital images

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

    • (a) each type of package, showing all of the sides that are visible when the package is closed;

    • (b) any promotion that is on an interior side of the package or that accompanies the package;

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

    • (d) any brand element displayed on a unit of the consumer tobacco product.

  • Marginal note:Digital image characteristics

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

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

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

    • (c) include the brand name associated with the item; and

    • (d) include a graphical scale in millimetres.

  • Marginal note:Time limit — new manufacturer

    (4) The report must be submitted on or before the day on which a manufacturer begins to sell tobacco products.

  • Marginal note:Time limit — existing brands

    (5) However, in the case of a brand of consumer tobacco product that is sold on the day on which this subsection comes into force, or that was sold at any time during the preceding year or the portion of the year before that day, the report must be submitted on or before the 180th day after the day on which this subsection comes into force.

  • Marginal note:Time limit — changes to information

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

  • Marginal note:Time limit — changes to items

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

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

    • (b) a digital image of the changed item.

  • Marginal note:Time limit — new brand

    (8) A manufacturer must, on or before the day on which the manufacturer first sells a new brand of consumer tobacco product in a year, submit the digital images referred to in subsection (2).

 
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