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Tobacco Products Labelling Regulations (Cigarettes and Little Cigars) (SOR/2011-177)

Regulations are current to 2019-08-28 and last amended on 2018-06-21. Previous Versions

Tobacco Products Labelling Regulations (Cigarettes and Little Cigars)

SOR/2011-177

TOBACCO AND VAPING PRODUCTS ACT

TOBACCO ACT

Registration 2011-09-22

Tobacco Products Labelling Regulations (Cigarettes and Little Cigars)

P.C. 2011-925 2011-09-22

Whereas, pursuant to section 42.1 of the Tobacco ActFootnote a, the Minister of Health laid a copy of the proposed Tobacco Products Labelling Regulations (Cigarettes and Little Cigars), substantially in the annexed form, before the House of Commons on June 9, 2011 and the House of Commons concurred on June 22, 2011 in a report from the Standing Committee on Health approving the proposed Regulations;

Therefore, His Excellency the Governor General in Council, on the recommendation of the Minister of Health, pursuant to sections 17 and 33Footnote b of the Tobacco ActFootnote a, hereby makes the annexed Tobacco Products Labelling Regulations (Cigarettes and Little Cigars).

Interpretation

Marginal note:Definitions

 The following definitions apply in these Regulations.

box

box means a package that has rectangular sides and a lid. (boîte)

brand

brand means all of the brand elements that as a whole are used by a manufacturer to identify to a consumer a tobacco product made by the manufacturer. (marque)

carton

carton means a package that contains two or more packages of a tobacco product. (cartouche)

cigarette

cigarette includes any roll or tubular construction that contains tobacco and is intended for smoking, other than a bidi, cigar, kretek, little cigar or tobacco stick. (cigarette)

component

component means, with respect to a labelling element,

  • (a) in the case of a health warning, the image, the title, the explanatory text or related information;

  • (b) in the case of a toxic emissions statement, the text;

  • (c) in the case of a health information message, the image or the text; and

  • (d) the attribution of a labelling element to its source as provided for in subsection 6(1) if the attribution appears in a display area or on a leaflet, even though the attribution is not a labelling element. (composante)

display area

display area means a side, or part of a side, of a package specified as a display area in accordance with sections 12, 17 and 22. (zone d’application)

exterior surface of the slide

exterior surface of the slide means, in respect of a slide and shell package, the exterior surface of the slide, other than the flaps of the slide, when the package is used in the customary manner to gain access to the tobacco product. (surface extérieure du tiroir)

health information message

health information message means the following messages, but does not include the attribution of those messages to their source as provided for in subsection 6(1):

  • (a) in respect of cigarettes, the messages set out in Part 3 of Division A of the source document; and

  • (b) in respect of little cigars, the messages set out in Part 3 of Division B of the source document. (message d’information sur la santé)

health warning

health warning means the following warnings, but does not include the attribution of those warnings to their source as provided for in subsection 6(1):

  • (a) in respect of cigarettes, the warnings set out in Part 1 of Division A of the source document; and

  • (b) in respect of little cigars, the warnings set out in Part 1 of Division B of the source document. (mise en garde)

labelling element

labelling element means a health warning, toxic emissions statement or health information message. (élément d’étiquetage)

manufacturer

manufacturer does not include an individual or entity that only packages or only distributes tobacco products on behalf of a manufacturer. (fabricant)

slide

slide means the sliding portion of a slide and shell package. (tiroir)

source document

source document means the document entitled Labelling Elements for Tobacco Products (Cigarettes and Little Cigars), published by the Department of Health, dated May 27, 2011. (document source)

tobacco product

tobacco product means a cigarette or little cigar. (produit du tabac)

top edge

top edge means

  • (a) in respect of a cylindrical package, the edge that is in the horizontal plane and that forms the upper limit of the side of the package, which side excludes the top of the package but includes the side of the lid when the side forms part of the side of the package;

  • (b) in respect of a package other than a cylindrical package, the edge that is in the horizontal plane and that forms the upper limit of the package when the package is used in the customary manner to gain access to the tobacco product; and

  • (c) in respect of an exterior surface of a slide, the edge that is in the horizontal plane and that forms the upper limit of that surface when the package is used in the customary manner to gain access to the tobacco product. (arête supérieure)

toxic emissions statement

toxic emissions statement means the following statements, but does not include the attribution of those statements to their source as provided for in subsection 6(1):

  • (a) in respect of cigarettes, the statements set out in Part 2 of Division A of the source document; and

  • (b) in respect of little cigars, the statements set out in Part 2 of Division B of the source document. (énoncé sur les émissions toxiques)

upper slide-flap

upper slide-flap means, in respect of a slide and shell package, the extremity of the slide that can be folded and is concealed by the shell when the package is closed and that is visible when the package is used in the customary manner to gain access to the tobacco product. (rabat supérieur)

Application

Marginal note:Retail sale

  •  (1) These Regulations apply to packages of tobacco products that are intended for retail sale.

  • Marginal note:Overwraps

    (2) These Regulations also apply to overwraps used as cartons that are intended for retail sale.

General Provisions

Marginal note:Electronic files

 A manufacturer must obtain from the Minister, in the form of electronic files, the labelling elements set out in the source document, including the attribution of the labelling elements to their source, and display them on packages or leaflets in accordance with these Regulations.

Marginal note:Printing

 A labelling element and any attribution of its source that is displayed on a package or leaflet must be printed

  • (a) in colours that are as close as possible to the colours in which the labelling element and source attribution are set out in the source document; and

  • (b) with the greatest clarity possible taking into consideration the printing method used.

Marginal note:Legibility and official languages

 Text contained in a labelling element must be legible and displayed in both official languages in the same manner.

Marginal note:Retention of attribution

  •  (1) If a manufacturer chooses to display the attribution contained in the electronic files, they must display it in the same manner as it is presented in the source document or in accordance with section 10.

  • Marginal note:Removal of attribution

    (2) If a manufacturer chooses to remove the attribution contained in the electronic files, they must only remove the phrases “Health Canada” and “Santé Canada”.

Marginal note:Visibility

 A labelling element, or a component of a labelling element, must not be concealed or obscured, except partially

  • (a) by a tobacco excise stamp in accordance with subsection 11(2); or

  • (b) by a tear tape required under provincial legislation.

  • 2018, c. 12, s. 113

Marginal note:Integrity

  •  (1) The customary method of opening the package must not damage the labelling element or make it illegible.

  • Marginal note:Severed package

    (2) If the customary method of opening the package severs the labelling element,

    • (a) the integrity of the labelling element must be restored when the package is closed; and

    • (b) two lines of text within the labelling element may be separated, but no letter, numeral or other character may be severed.

  • Marginal note:Non-application

    (3) Subsection (1) does not apply to a package that is ordinarily torn or discarded after opening.

 
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