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

Regulations are current to 2019-08-15 and last amended on 2018-06-21. Previous Versions

General Provisions (continued)

Marginal note:Permanence

 A labelling element that is displayed on a package or a leaflet must be irremovable.

Marginal note:Adaptation

 If a labelling element does not fit the portion of the display area that it must occupy or does not fit the dimensions of a leaflet that are determined in accordance with subsections 29(1) and (2), the labelling element must be adapted in accordance with the following requirements:

  • (a) its components must, to the extent possible, maintain the scale of the components in the source document;

  • (b) the positions of the components must, to the extent possible, be maintained relative to each other;

  • (c) the text may only be displaced to meet the requirements of section 8 or subsection 11(2); and

  • (d) the number of lines of text may only be adapted to avoid distortion of a component.

Marginal note:Stamp

  •  (1) A labelling element must not be applied on a tobacco excise stamp that is required under the Stamping and Marking of Tobacco Products Regulations.

  • Marginal note:Coverage

    (2) A labelling element may be concealed only by a tobacco excise stamp but to the least extent possible and to a maximum surface area of 180 mm2. In that case, the labelling element must be adapted in accordance with section 10 so that no component is concealed by the tobacco excise stamp.

  • 2018, c. 12, s. 113

Health Warnings

Marginal note:Display areas

  •  (1) Subject to subsection (2), health warnings must be displayed in respect of each type of package set out in column 1 of Schedule 1 on the display areas set out in column 2.

  • Marginal note:Other packages

    (2) In respect of a type of package that is not set out in Schedule 1, health warnings must be displayed on the following display areas:

    • (a) in the case of a package that has at least two equal-sized sides, other than the top and bottom of the package, two of those sides that are opposite sides of the package and one of which is visible when the package is used in the customary manner to gain access to the tobacco product, including the sides of any lid if those sides are part of the sides of the package; and

    • (b) in the case of any other package, the largest side that is visible when the package is used in the customary manner to gain access to the tobacco product.

Marginal note:Portion of display area

  •  (1) The portion of a display area of a package on which a health warning must be displayed is at least 75% of each display area referred to in section 12.

  • Marginal note:Determination of portion of display area

    (2) The portion of a display area of a soft package is determined in accordance with subsection (3), the portion of a display area of a three-sided package is determined in accordance with subsection (4), the portion of a display area of a cylindrical package is determined in accordance with subsection (5) and the portion of a display area of all other types of packages is determined in accordance with subsections (6) and (7).

  • Marginal note:Soft packages

    (3) In the case of a soft package, the portion of the display area runs along a line that is parallel to and not more than 12 mm below the top edge of the package and extends from the left edge to the right edge of the display area.

  • Marginal note:Three-sided packages

    (4) In the case of a three-sided package, the portion of the display area runs along a line that is parallel to the top edge of the package and not more than 12 mm below the tear line and extends from the left edge to the right edge of the display area.

  • Marginal note:Cylindrical packages

    (5) In the case of a cylindrical package, the portion of the display area runs along the line of separation between the lid and the side of the package, extends towards the bottom of the package and is bounded by the left and right limits of the display area.

  • Marginal note:Vertical

    (6) If, in relation to the top edge of a package, the height to width ratio of the display area is greater than or equal to 0.5, then the portion of the display area runs along that top edge and extends from the left edge to the right edge of the display area.

  • Marginal note:Horizontal

    (7) If, in relation to the top edge of a package, the height to width ratio of the display area is less than 0.5, then the portion of the display area runs along the left edge of the display area and extends from the bottom edge to the top edge of the package.

  • Marginal note:Space occupied and orientation of text

    (8) A health warning must completely occupy the portion of the display area and must be oriented in such a manner that its text is readable from left to right when the package is used in the customary manner to gain access to the tobacco product.

Marginal note:Package — two display areas

  •  (1) If a package has two display areas, the English version of a health warning set out in Set 1 of Part 1 of the source document must be displayed on one display area and the French version must be displayed on the other.

  • Marginal note:Package — one display area

    (2) If a package has one display area, a health warning in English and French set out in Set 2 of Part 1 of the source document must be displayed on the display area.

  • Marginal note:Package — cartons

    (3) In the case of a carton, the English version of a health warning set out in Set 1 of Part 1 of the source document must be displayed on one of the primary display areas set out in column 2 of item 10 of Schedule 1 and the French version must be displayed on the other. The English version of a different health warning set out in that Set 1 must be displayed on one of the two secondary display areas set out in the same column of the same item and the French version must be displayed on the other.

Marginal note:Proportional display

 A manufacturer must, in respect of each type of package of each brand of tobacco product that they package in a year, display each health warning on between 3.25% and 9.25% of the packages of those products.

Marginal note:Formats

 The format of a health warning set out in the source document that must be displayed on a package is the following:

  • (a) if the height to width ratio of the portion of the display area is less than 0.5, the “Elongated Landscape” format;

  • (b) if the height to width ratio of the portion of the display area is greater than or equal to 0.5 but less than or equal to 1.0, the “Landscape” format;

  • (c) if the height to width ratio of the portion of the display area is greater than 1.0 but less than or equal to 2, the “Portrait” format; and

  • (d) if the height to width ratio of the portion of the display area is greater than 2, the “Elongated Portrait” format.

Toxic Emissions Statements

Marginal note:Display areas

  •  (1) Subject to subsection (2), a toxic emissions statement must be displayed in respect of each type of package set out in column 1 of Schedule 2 on the display areas set out in column 2.

  • Marginal note:Other packages

    (2) In the case of a type of package that is not referred to in Schedule 2, a toxic emissions statement must be displayed on the display area that is the largest side of the package, other than the side or sides on which a health warning is displayed.

Marginal note:Space occupied — small display area

  •  (1) If the display area on which the toxic emissions statement is required to be displayed is less than 10 cm2, the statement must completely occupy the display area.

  • Marginal note:Space occupied — large display area

    (2) In any other case except for cartons, if the display area on which the toxic emissions statement is required to be displayed is equal to or greater than 10 cm2, the statement must occupy the greater of 60% of the display area and 10 cm2.

  • Marginal note:Surface area

    (3) Except in the case of cartons, the portion of the display area on which the toxic emissions statement is required to be displayed does not have to exceed a surface area of 30 cm2.

  • Marginal note:Cartons

    (4) In the case of a carton, the portion of the display area on which the toxic emissions statement must be displayed is at least 50% of the display area.

  • Marginal note:Soft packages

    (5) In the case of a soft package, the portion of the display area runs along a line that is parallel to and not more than 12 mm below the top edge of the package and extends from the left edge to the right edge of the display area.

  • Marginal note:Cylindrical packages

    (6) In the case of a cylindrical package, the portion of the display area runs along the line of separation between the lid and the side of the package, extends towards the bottom of the package and is bounded by the left and right limits of the display area.

  • Marginal note:Space occupied

    (7) For the purposes of subsections (2) to (6), the toxic emissions statement must completely occupy the portion of the display area.

 
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