Interpretation

1 The definitions in this section apply in these Regulations.

Act

Act means the Excise Act, 2001. (Loi)

carton

carton means a paperboard box or wrapper containing 15 or fewer packages of cigarettes or 200 or fewer tobacco sticks. (cartouche)

case

case means a corrugated cardboard box in which packages or cartons of tobacco products are packed, primarily for the purpose of transport and protection against damage. (caisse)

manufacturer

manufacturer means a manufacturer of tobacco products. (fabricant)

smokeless tobacco

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

Prescribed Package

2 For the purpose of paragraph (a) of the definition packaged in section 2 of the Act,

• (a) raw leaf tobacco is packaged in a prescribed package when it is formed into a hand for sale or when a hand of raw leaf tobacco or broken portions of the leaf are packed for sale; and

• (b) a tobacco product is packaged in a prescribed package when it is packaged in the smallest package — including any outer wrapping that is customarily displayed to the consumer — in which it is normally offered for sale to the general public.

Information on Packages

• 3 (1) Subject to subsection (2), the following information shall be provided in legible type on every package that contains tobacco products:

  • (a) the name and address of the manufacturer who packaged the tobacco products; or

  • (b) the manufacturer’s licence number.

• (2) If a manufacturer packages tobacco products for another person, the name and address of the principal place of business of that other person may be provided on the package instead of the information referred to in subsection (1).

• (3) The following information shall be provided on every case of tobacco products:

  • (a) if the case is packed with cartons, the number of cartons in the case and the number of packages in each carton; or

  • (b) if the case is packed with packages, the number of packages in the case and the weight of the tobacco product in each package.

• (4) The words “not for sale in Canada” and “vente interdite au Canada” shall be printed in a conspicuous manner on every package of manufactured tobacco that is to be exported and is intended for delivery

  • (a) to a foreign duty free shop; or

  • (b) for use as foreign ships’ stores.

Stamps

• 4 (1) Subject to subsection (5), every package of the following tobacco products shall be stamped, in a conspicuous place and in a manner that seals the package, with the stamp set out in the applicable schedule, in accordance with the specifications set out in that schedule:

  • (a) in the case of a package of cigarettes or tobacco sticks, a stamp set out in Schedule 1;

  • (b) in the case of a package of cigars, a stamp set out in Schedule 2; and

  • (c) in the case of a package of manufactured tobacco, other than cigarettes or tobacco sticks, a stamp set out in Schedule 3.

• (2) Every carton of black stock cigarettes or black stock tobacco sticks shall be stamped on each end with the bilingual stamp set out in Schedule 4, or with the two separate unilingual stamps — one in English and one in French — referred to in that Schedule, in accordance with the specifications set out in that Schedule.

• (3) Every case of black stock cigarettes or black stock tobacco sticks shall be stamped in a conspicuous place on any two facing sides with the stamp set out in Schedule 5, in accordance with the specifications set out in that Schedule.

• (4) Subject to subsection (5), every package of raw leaf tobacco shall be stamped in a conspicuous place with the stamp set out in Schedule 6, in accordance with the specifications set out in that Schedule, and, if the raw leaf tobacco is further packaged in a manner other than by being formed into a hand, the stamp shall be affixed to the package in a manner that seals the package.

• (5) The stamps referred to in subsections (1) and (4) may be modified to include any additional information required by or under the laws of a province in relation to such stamps or modified in accordance with any colour specification required for such stamps by those laws.

Prescribed Limit

• 5 (1) For the purposes of paragraphs 32(2)(j) and 35(2)(c) of the Act, the prescribed limit is five units of tobacco products.

• (2) For the purposes of subsection (1), a unit of tobacco products consists of

  • (a) 200 cigarettes;

  • (b) 50 cigars;

  • (c) 200 tobacco sticks; or

  • (d) 200 g of manufactured tobacco.

Tobacco Marking

6 Subject to sections 8 and 9, the bilingual tobacco marking set out in Schedule 7 or the two separate unilingual tobacco markings — one in English and one in French — referred to in that Schedule shall, in a conspicuous manner and in accordance with the specifications set out in that Schedule, be printed on or affixed to the following containers and cases if they are intended for export or delivery to an accredited representative:

• (a) every container that contains a tobacco product manufactured in Canada other than cigars, smokeless tobacco or raw leaf tobacco ; and

• (b) every case that contains cigars, smokeless tobacco or raw leaf tobacco manufactured in Canada.

7 The tobacco marking set out in Schedule 8 shall, in a conspicuous manner and in accordance with the specifications set out in that Schedule, be printed on or affixed to every case that contains

• (a) cigars manufactured in Canada and intended for delivery to a duty free shop or for use as ships’ stores; or

• (b) an imported tobacco product that is intended for delivery to an accredited representative, a duty free shop or a customs bonded warehouse.

Prescribed Brands of Tobacco Products

8 The brands of tobacco products set out in Schedule 9 are prescribed brands for the purposes of subsection 38(3) of the Act.

Prescribed Brands of Cigarettes

9 Cigarettes exported under a brand set out in Schedule 10 are prescribed cigarettes for the purposes of paragraph 38(4)(a) of the Act.

Coming into Force

10 These Regulations are deemed to have taken effect on July 1, 2003.

SCHEDULE 1(Paragraph 4(1)(a))Stamps for Packages of Cigarettes and Tobacco Sticks

The following specifications apply:

Background Colour: Pantone Peach 713

Text Colour: Process Black 100%

Text Font: Helvetica, minimum 8 point

SCHEDULE 2(Paragraph 4(1)(b))Stamps for Packages of Cigars

The following specifications apply:

Text Colour: Process Black 100%

Text Font: Helvetica, minimum 8 point

SCHEDULE 3(Paragraph 4(1)(c))Stamps for Packages of Manufactured Tobacco (Other than Cigarettes or Tobacco Sticks)

The following specifications apply:

Text Colour: Process Black 100%

Text Font: Helvetica, minimum 8 point

SCHEDULE 4(Subsection 4(2))Stamps for Cartons of Black Stock Cigarettes and Black Stock Tobacco Sticks

• * Alternatively, two separate unilingual stamps, one English and one French, may be used.

The following specifications apply:

Background Colour: Pantone Peach 713

Text Colour: Process Black 100%

Text Font: Helvetica bold, minimum 7 point

Stamp Width: minimum 2.9 cm

Stamp Height: minimum 1.4 cm

Stamp Border: minimum 1.5 point

SCHEDULE 5(Subsection 4(3))Stamps for Cases of Black Stock Cigarettes and Black Stock Tobacco Sticks

The following specifications apply:

Text Colour: Process Black 100%

Text Font: Helvetica bold, minimum 36 point

Stamp Width: minimum 19 cm

Stamp Height: minimum 7 cm

Stamp Border: minimum 1.5 point

SCHEDULE 6(Subsection 4(4))Stamps for Packages of Raw Leaf Tobacco

The following specifications apply:

Text Colour: Process Black 100%

Text Font: Helvetica, minimum 8 point

• Note: 

  If the raw leaf tobacco is not further packaged in a manner other than by being formed into a hand, the stamp shall be of sufficient length to be interlaced and wrapped around the hand of tobacco.

SCHEDULE 7(Section 6)Tobacco Marking for Cases or Containers of Tobacco Products Manufactured in Canada for Export or Delivery to an Accredited Representative

• * Alternatively, two separate unilingual markings, one English and one French, may be used for cartons.

The following specifications apply:

Background Colour: Light Blue for cartons

Text Colour: Process Black 100%

• Text Font: 

  Helvetica, minimum 8 point for containers other than cases
• Helvetica, minimum 36 point for cases

Size: 7 cm × 19 cm for cases

SCHEDULE 8(Section 7)Tobacco Marking for Cases of Tobacco Products for Delivery as Ships’ Stores or to an Accredited Representative, a Duty Free Shop or a Customs Bonded Warehouse

The following specifications apply:

Text Colour: Process Black 100%

Text Font: Helvetica, minimum 36 point

Stamp Width: minimum 19 cm

Stamp Height: minimum 7 cm

Stamp Border: minimum 1.5 point