Tobacco Reporting Regulations (SOR/2000-273)

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

General Requirements (continued)

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.

  • SOR/2005-179, s. 4
  • SOR/2019-64, s. 2

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.

  • SOR/2019-64, s. 2

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.

  • SOR/2019-64, s. 2

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.

  • SOR/2019-64, s. 2

 [Repealed, SOR/2019-64, s. 3]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).

  • SOR/2019-64, s. 4

Report on Manufacturing

Marginal note:Manufacturing processes

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

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

    • (b) a detailed description of the conditions and parameters relating to each of those steps.

  • Marginal note:Processing aids

    (2) The report must set out the common, chemical and brand name of each processing aid and, if applicable, its CAS registry number.

  • Marginal note:Product specifications

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

    • (a) the type of cigarette paper used in the product, and its specifications;

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

    • (c) an engineering drawing of the product.

  • Marginal note:Time limit — existing brands

    (4) 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 — new brand

    (5) 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 a report in respect of the new brand.

  • Marginal note:Exception — sales volume of cigars

    (6) However, in the case of a brand of cigars, the manufacturer is not required to submit the report until the manufacturer’s total sales of that brand in a year is at least 1 000 000 units. In that case, the report must be submitted on or before January 31 of the following year.

  • Marginal note:Exception — identical manufacturing processes

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

    • (a) uses identical manufacturing processes to manufacture a consumer tobacco product that is sold under more than one brand;

    • (b) submits a report under this section in respect of one of those brands; and

    • (c) identifies in the report all other brands that are manufactured using those identical manufacturing processes, including the particular brand.

  • Marginal note:Time limit — changes

    (8) If there are changes to the manufacturing processes, processing aids or product specifications, the manufacturer must, on or before the last day of the month following the month in which the change is made, submit a new report that sets out the information referred to in subsections (1) to (3) and that indicates the changes made to the information previously submitted.

  • Marginal note:Time limit — efficiency with respect to nicotine

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

  • SOR/2019-64, s. 4
 
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