Tobacco Reporting Regulations

Marginal note:Report

• 12 (1) The report on tobacco constituents must set out, by brand, the information referred to in subsection (7) in respect of each type of consumer tobacco product that a manufacturer sells during a year.

• Marginal note:Method of collecting data

  (2) The applicable official method listed in column 2 of Schedule 1 must be used to collect data on a constituent.

• Marginal note:Sampling

  (3) The sampling of a consumer tobacco product for the purpose of determining the amount of a constituent is to be performed in accordance with the following procedures:

  • (a) in the case of cigarettes, the procedures described in items A and B of Table 1 of the International Organization for Standardization standard ISO 8243, entitled Cigarettes — Sampling, as amended from time to time;

  • (b) in the case of bidis, cigars, kreteks or little cigars, the procedures referred to in paragraph (a), modified in the following manner:

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

      • (A) a reference to a “cigarette” is to be read as a reference to the type of consumer tobacco product being sampled, and

      • (B) a reference to a “carton” is to be read as a reference to 200 units of the type of consumer tobacco product being sampled, and

    • (ii) in the case of cigars,

      • (A) a reference to a “cigarette” is to be read as a reference to cigar,

      • (B) a reference to a “sale unit” is to be read as a reference to one cigar, and

      • (C) a reference to a “carton” is to be read as a reference to 200 grams of the cigars being sampled;

  • (c) in the case of cigarette tobacco, the procedures described in the International Organization for Standardization standard ISO 15592-1, entitled Fine-cut tobacco and smoking articles made from it — Methods of sampling, conditioning and analysis — Part 1: Sampling, as amended from time to time; and

  • (d) in the case of pipe tobacco or smokeless tobacco, the procedures described in paragraph (c), modified so that a reference to “fine-cut tobacco” is to be read as a reference to the type of consumer tobacco product being sampled.

• Marginal note:Preparation

  (4) The sample is to be prepared in accordance with Official Method T-402, entitled Preparation of Sample for Testing of Cigarettes, Tobacco Sticks, Cigarette Tobacco, Cigars, Little Cigars, Kreteks, Bidis, Leaf, Pipe and Smokeless Tobacco, prepared by the Department of Health, dated December 31, 2017.

• Marginal note:Replicates

  (5) The mean, standard deviation and 95% confidence limits 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 the AOAC International Official Method 966.02, entitled Loss on Drying (Moisture) in Tobacco, published in Official Methods of Analysis of AOAC International, as amended from time to time.

• Marginal note:Content of report

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

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

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

  • (c) the mean, standard deviation and 95% confidence limits 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, kreteks and little cigars, per unit;

  • (d) the pH of the consumer tobacco product, determined in accordance with Official Method T-310, entitled Determination of the pH of Whole Tobacco, prepared by the Department of Health, dated December 31, 2017; and

  • (e) the percentage of moisture in the consumer tobacco product, determined in accordance with the method referred to in subsection (6).

• Marginal note:Exception — short report

  (8) A manufacturer may, instead of submitting a report with respect to all constituents in a consumer tobacco product, submit a report in accordance with this section solely on the amounts of nicotine, nitrosamines, nickel, lead, cadmium, chromium, arsenic, selenium and mercury in the product, if

  • (a) in the case of cigarettes and cigarette tobacco, the manufacturer’s total sales for that type of consumer tobacco product in the year preceding the period covered by the report is less than 1% of the total sales of that type of consumer tobacco product in that year in Canada; and

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

• Marginal note:Exception — sales volume

  (9) A manufacturer is not required to submit a report in respect of the following consumer tobacco products if the total sales of the manufacturer for the year preceding the period that would otherwise be covered by the report is less than

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

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

• Marginal note:Exception — eugenol

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

• Marginal note:Exception — identical products

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

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

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

• Marginal note:Definition of identical products

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

  • (a) in the case of bidis, cigarettes and kreteks, identical ingredients per gram of tobacco blend;

  • (b) in the case of pipe tobacco, cigarette tobacco and smokeless tobacco, identical ingredients; and

  • (c) in the case of cigars and little cigars, identical ingredients in the filler and wrapper, and in the binder, if any.

• Marginal note:Time limit

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