Tobacco Reporting Regulations

Marginal note:Annual report

• 12 (1) Every manufacturer of a consumer tobacco product shall report annually, by brand and type of tobacco, the information described in subsection (7) for the consumer tobacco product. The report shall, subject to subsection (2), be submitted on or before January 31 of the year following the year to be reported on.

• Marginal note:Initial report

  (2) The initial report, relating to the portion of the year remaining of the year in which these Regulations come into force, shall be submitted within the later of

  • (a) January 31 of the year following the year these Regulations come into force, or

  • (b) 180 days after these Regulations come into force.

• Marginal note:Method of collecting information

  (3) Every manufacturer shall use the applicable method listed in column 2 of Schedule 1 to collect information about a constituent.

• Marginal note:Sampling

  (4) A sample used for the purpose of determining the amount of a constituent must be

  • (a) selected in accordance with the procedures described in items A and B of Table 1 of the International Organization for Standardization standard ISO 8243, second edition, dated 1991-10-15 and entitled Cigarettes — Sampling; and

  • (b) prepared in accordance with Official Method T-402, entitled Preparation of Cigarettes, Cigarette Tobacco, Cigars, Kreteks, Bidis, Packaged Leaf Tobacco, Pipe Tobacco and Smokeless Tobacco for Testing, made by the Department of Health, dated December 31, 1999.

• Marginal note:Replicates

  (5) The mean, standard deviation and 95% confidence limit of the amount of each constituent must be based on three replicates of a sample.

• Marginal note:Adjustment for moisture

  (6) The amount of each constituent must be corrected for moisture in accordance with AOAC Official Method 966.02, entitled Moisture in Tobacco, Gravimetric Method, made in 1968.

• Marginal note:Content of report

  (7) The report shall set out the following information:

  • (a) in the case of bidis, cigarettes, cigars, tobacco sticks and kreteks, the weight in milligrams per unit;

  • (b) the name of each constituent in the consumer tobacco product;

  • (c) the mean, standard deviation and 95% confidence limit of the amount of each constituent in milligrams, micrograms, or nanograms

    • (i) per gram of the consumer tobacco product, and

    • (ii) in the case of bidis, cigarettes, cigars, tobacco sticks and kreteks, per unit; and

  • (d) the pH of the consumer tobacco product, determined in accordance with Official Method T-310, entitled Determination of Whole Tobacco pH, made by the Department of Health, dated December 31, 1999.

• Marginal note:Exception — identical products

  (8) The report is not required for a consumer tobacco product if

  • (a) the product is one of identical products of the manufacturer sold under different brands; and

  • (b) a report under this section is submitted in respect of another of those identical products.

• Marginal note:Exception — sales volume

  (9) The report is not required for the following tobacco products where the total sales of the manufacturer for the year preceding to the year covered by the report are less than

  • (a) in the case of cigars, 1,000,000 units per brand; and

  • (b) in the case of pipe tobacco, 8000 kg per brand.

• Marginal note:Exception — short report

  (10) A manufacturer may, instead of submitting the report described in subsection (1) or (2) for a consumer tobacco product, submit a report on the amount of nicotine, nitrosamines, nickel, lead, cadmium, chromium, arsenic, selenium and mercury in the product if

  • (a) in respect of cigarettes, cigarette tobacco and tobacco sticks, including any cigarettes, cigarette tobacco or tobacco sticks sold in kits, the manufacturer’s total sales for that product in the year preceding the period covered by the report is less than 1% of the total sales of that product in that year in Canada; and

  • (b) in respect of leaf tobacco, bidis and kreteks, the manufacturer’s total sales for that product in the year preceding the period covered by the report is less than 5% of the total sales of that product in that year in Canada.

• Marginal note:Exception — eugenol

  (11) If clove, clove extract or eugenol has not been added to a consumer tobacco product, the manufacturer of the product need not analyze it for the constituent of eugenol.