Tobacco Reporting Regulations (SOR/2000-273)

Report on Sales of Consumer Tobacco Products and Leaf Tobacco

Marginal note:Report

• 13 (1) The report on sales of consumer tobacco products and leaf tobacco must set out the information referred to in subsections (2) and (3) in respect of each type of consumer tobacco product and leaf tobacco that a manufacturer sells during the period covered by the report, for each of the following categories:

  • (a) in Canada;

  • (b) in each province;

  • (c) in each duty free trade customer and operator;

  • (d) as ships’ stores in accordance with the Ships’ Stores Regulations;

  • (e) to accredited representatives; and

  • (f) for export, by country of destination.

• Marginal note:Total sales

  (2) The report must set out the Canadian dollar value, including the excise duty, of the total sales and, as applicable, the total number of units sold or the total weight in kilograms of the consumer tobacco product and leaf tobacco sold.

• Marginal note:Sales by brand and package type

  (3) The report must set out the following information, by brand and type of package:

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

    • (i) the number of units sold,

    • (ii) the number of packages sold and the number of units in each package, and

    • (iii) the Canadian dollar value of sales, including the excise duty; and

  • (b) in the case of cigarette tobacco, pipe tobacco, leaf tobacco and smokeless tobacco,

    • (i) the weight, in kilograms, of the product sold,

    • (ii) the number of packages sold and the weight, in grams, of the product in each package, and

    • (iii) the Canadian dollar value of sales, including the excise duty.

• Marginal note:Time limit

  (4) The report must be submitted

  • (a) for cigarettes and cigarette tobacco, on or before the 15th day of each month, for the previous month; and

  • (b) for every other consumer tobacco product,

    • (i) for the period beginning on January 1 and ending on March 31 of a year, on or before April 30 of that year,

    • (ii) for the period beginning on April 1 and ending on June 30 of a year, on or before July 31 of that year,

    • (iii) for the period beginning on July 1 and ending on September 30 of a year, on or before October 31 of that year, and

    • (iv) for the period beginning on October 1 and ending on December 31 of a year, on or before January 31 of the following year.

Report on Emissions from Designated Tobacco Products

Marginal note:Report

• 14 (1) The report on emissions from designated tobacco products must set out, by brand, the information referred to in subsection (2) in respect of each type of designated tobacco product that a manufacturer sells during a year.

• Marginal note:Content of report

  (2) The report must, in respect of the emissions contained in the mainstream and sidestream smoke produced from a designated tobacco product that is placed in a smoking machine and combusted, identify the emissions set out in column 1 of Schedules 2 and 3 and the mean, standard deviation and 95% confidence limits

  • (a) of the number of puffs;

  • (b) of each emission, expressed in milligrams, micrograms or nanograms per unit; and

  • (c) of the weight of tobacco contained in the designated tobacco product, expressed in milligrams per unit.

• Marginal note:Sampling

  (3) The sampling of designated tobacco products for the purpose of determining the amount of an emission is to be performed in accordance with the following procedures:

  • (a) in the case of cigarettes, the procedures described in paragraph 12(3)(a); and

  • (b) in the case of kreteks, the procedures described in paragraph 12(3)(b).

• Marginal note:Preparation

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

• Marginal note:Replicates

  (4) The mean, standard deviation and 95% confidence limits of the amount of each emission must be based

  • (a) in the case of tar, nicotine and carbon monoxide, on 20 replicates of a sample; and

  • (b) in every other case, on 7 replicates of a sample.

• Marginal note:Method of collecting data

  (5) The following official methods must be used to collect data on the emissions contained in smoke produced from a designated tobacco product:

  • (a) in the case of mainstream smoke, the applicable official method set out in column 2 of Schedule 2; and

  • (b) in the case of sidestream smoke, the applicable official method set out in column 2 of Schedule 3.

• Marginal note:Conditions for the collection of data

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

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

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

    • (i) puff volume must be increased from 35 mL to 55 mL,

    • (ii) puff frequency must be increased from one puff every 60 s (± 0.5 s) to one puff every 30 s (± 0.5 s), and

    • (iii) all ventilation holes must be blocked by placing over them a strip of Mylar adhesive tape, Scotch Brand product no. 600 Transparent Tape, and the tape must be cut so that it covers the circumference and is tightly secured from the end of the filter to the tipping overwrap seam, or by another method of equivalent efficiency.

• Marginal note:pH levels

  (7) The report must also set out the pH level of the mainstream smoke, determined in accordance with Official Method T-113, entitled Determination of Mainstream Tobacco Smoke pH, prepared by the Department of Health, dated December 31, 2017.

• Marginal note:Short report

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

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

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

• Marginal note:Short report — content

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

• (10) [Repealed, SOR/2019-64, s. 10]

• Marginal note:Exemption — functional relationship of certain emissions

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

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

    • (i) by using the formula

      y = mx + b

      where

      • y is the amount of the other emission,

      • m is the slope,

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

      • b is the intercept,

    • (ii) by applying a regression analysis to the results obtained under subparagraph (i), and

    • (iii) by applying an F-test to the results obtained under that subparagraph; and

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

• (12) [Repealed, SOR/2019-64, s. 10]

• Marginal note:Sample size

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

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

    • (i) in the case of mainstream smoke, in accordance with Official Method T-115, entitled Determination of Tar, Water, Nicotine and Carbon Monoxide in Mainstream Tobacco Smoke, prepared by the Department of Health, dated December 31, 2017, and

    • (ii) in the case of sidestream smoke, in accordance with Official Method T-212, entitled Determination of Tar and Nicotine in Sidestream Tobacco Smoke, prepared by the Department of Health, dated December 31, 2017;

  • (b) a list of the brands of cigarette for which the application for exemption is made; and

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

    • (i) the brands of cigarette that form the cohort, and

    • (ii) each of the brands of cigarette for which the application for exemption is made.

• Marginal note:Joint cohort

  (14) For the purposes of subsection (13), two or more manufacturers may submit a joint cohort of their cigarette brands.

• Marginal note:Minister’s decision

  (15) The Minister must, without delay, decide to accept or reject

  • (a) an application made under subsection (11), based on the

    • (i) methodology used, and

    • (ii) the demonstration of a satisfactory functional linear relationship based on

      • (A) the mean and standard deviations of the amount of the emissions, other than tar and nicotine, contained in the mainstream smoke,

      • (B) the estimates and 95% confidence limits for the slope m and the intercept b referred to in subparagraph (11)(a)(i),

      • (C) regression statistics, including the degree of freedom for error, degree of freedom for regression, mean square regression, mean square error and the F statistic, and

      • (D) the fact that the data must fall under a 95% prediction interval; and

  • (b) a cohort submitted in accordance with subsection (13) or (14), based on the methodology used and the representativeness of the cohort.

• Marginal note:Satisfactory functional relationship

  (16) For the purposes of paragraph (15)(a), a satisfactory functional linear relationship exists if a linear model demonstrates a significant portion of the variation of the other emissions about the mean of those other emissions, with a statistical significance of less than 0.01.

• Marginal note:Content of report

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

• Marginal note:Time limit

  (18) The report must be submitted on or before January 31 of the year after the period covered by the report.

• Marginal note:Exception — identical products

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

  • (a) submits a report under this section in respect of another brand of designated tobacco product; and

  • (b) identifies in the report all other brands of identical products, including the particular brand.

• Marginal note:Definition of identical products

  (20) In this section, identical products means designated tobacco products that are sold by a manufacturer under more than one brand, that are manufactured using identical manufacturing processes and that

  • (a) contain identical ingredients, except those used in the manufacture of colouring agents in the cigarette papers;

  • (b) have identical dimensions; and

  • (c) perform in an identical manner under the same conditions.