Promotion of Tobacco Products and Accessories Regulations (Prohibited Terms) (SOR/2011-178)

Regulations are current to 2019-08-28 and last amended on 2012-01-22. Previous Versions

Promotion of Tobacco Products and Accessories Regulations (Prohibited Terms)

SOR/2011-178

TOBACCO AND VAPING PRODUCTS ACT

TOBACCO ACT

Registration 2011-09-22

Promotion of Tobacco Products and Accessories Regulations (Prohibited Terms)

P.C. 2011-926 2011-09-22

Whereas, pursuant to section 42.1 of the Tobacco ActFootnote a, the Minister of Health laid a copy of the proposed Promotion of Tobacco Products and Accessories Regulations (Prohibited Terms), 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 section 33Footnote b of the Tobacco ActFootnote a, hereby makes the annexed Promotion of Tobacco Products and Accessories Regulations (Prohibited Terms).

Interpretation

Definition of cigarette

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

Application

Marginal note:Scope of prohibitions

 The prohibitions in these Regulations that apply with respect to the terms “light” and “mild” also apply with respect to

  • (a) any variations in the spelling of those terms as well as the spelling of other parts of speech and grammatical forms of those terms; and

  • (b) any modifiers of those terms, including “extra” and “ultra”, as well as any abbreviation of those terms or modifiers.

Promotion

General

Marginal note:No promotion if terms on product

  •  (1) A person must not promote a bidi, cigarette, kretek, little cigar or tobacco stick or cigarette tobacco, cigarette papers, tubes or filters if the tobacco product displays the term “light” or “mild” or promote such a tobacco product by affixing to it the term “light” or “mild”.

  • Marginal note:No promotion if terms on packaging

    (2) A person must not promote a bidi, cigarette, kretek, little cigar or tobacco stick or cigarette tobacco, cigarette papers, tubes or filters if the package of the tobacco product displays the term “light” or “mild”.

  • Marginal note:No promotion if terms on accessories

    (3) A person must not promote

    • (a) an accessory that displays a brand element of a bidi, cigarette, kretek, little cigar or tobacco stick or cigarette tobacco, cigarette papers, tubes or filters if that accessory displays the term “light” or “mild”; or

    • (b) a bidi, cigarette, kretek, little cigar or tobacco stick or cigarette tobacco, cigarette papers, tubes or filters by affixing to an accessory a brand element of such a tobacco product if that accessory displays the term “light” or “mild”.

Advertising

Marginal note:No advertising of product with terms

 A person must not promote a bidi, cigarette, kretek, little cigar or tobacco stick, or cigarette tobacco, cigarette papers, tubes or filters by using the term “light” or “mild” in an advertisement of the tobacco product.

Packaging

Marginal note:No packaging of products with terms

 A person must not package a bidi, cigarette, kretek, little cigar or tobacco stick or cigarette tobacco, cigarette papers, tubes or filters, or have the tobacco product packaged by a third party, in a package that displays the term “light” or “mild”.

Sale

Marginal note:No sale of accessories with terms

 A person must not sell an accessory that displays a brand element of a bidi, cigarette, kretek, little cigar or tobacco stick or cigarette tobacco, cigarette papers, tubes or filters if that accessory displays the term “light” or “mild”.

Displaying at Retail

Marginal note:No retail display of products with terms

  •  (1) A person must not display, at retail, a bidi, cigarette, kretek, little cigar or tobacco stick or cigarette tobacco, cigarette papers, tubes or filters if the term “light” or “mild” is displayed on the tobacco product.

  • Marginal note:No retail display of accessories with terms

    (2) A person must not display, at retail, an accessory that displays a brand element of a bidi, cigarette, kretek, little cigar or tobacco stick or cigarette tobacco, cigarette papers, tubes or filters if that accessory displays the term “light” or “mild”.

Coming into Force

Marginal note:Registration

  •  (1) Subject to subsection (2), these Regulations come into force on the day on which they are registered.

  • Marginal note:After registration — four months

    (2) Sections 6 and 7 come into force on the day that is four months after the day on which these Regulations are registered.

 
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