General

Interpretation

Marginal note:Definitions

• 1 (1) The following definitions apply in these Regulations.

  Act

  Act means the Tobacco and Vaping Products Act. (Loi)

  carton

  carton means a secondary package that contains two or more primary packages. (cartouche)

  drab brown

  drab brown means the colour known as Pantone 448 C. (brun terne)

  gray

  gray means the colour known as Pantone Cool Gray 2 C. (gris)

  health warning

  health warning, in respect of a tobacco product, has the same meaning as in the Tobacco Products Information Regulations or the Tobacco Products Labelling Regulations (Cigarettes and Little Cigars), as applicable. (mise en garde)

  lower slide-flap

  lower slide-flap means, in respect of a slide and shell package, the lower extremity of the slide that can be folded and is concealed by the shell when the package is closed. (rabat inférieur)

  primary package

  primary package means any package — other than an overwrap — that is intended for retail sale in Canada and in which a tobacco product is directly placed. (emballage primaire)

  secondary package

  secondary package means any package — other than an overwrap — that is intended for retail sale in Canada and in which a primary package is placed. (emballage secondaire)

  slide

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

  upper slide-flap

  upper slide-flap means, in respect of a slide and shell package, the upper 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)

• Marginal note:Interpretation — common name

  (2) In these Regulations, a reference to a common name is a reference to the common name that is shown on a label in accordance with subparagraph 10(b)(ii) of the Consumer Packaging and Labelling Act.

• Marginal note:Interpretation — declaration of net quantity

  (3) In these Regulations, a reference to a declaration of net quantity is a reference to the declaration of net quantity that is contained on a label in accordance with section 4 of the Consumer Packaging and Labelling Act.

• Marginal note:Interpretation — exterior surface

  (4) In these Regulations, a reference to an exterior surface of a package that contains a tobacco product is a reference,

  • (a) in the case of a package that has a rectangular cuboid shape when it is closed, to the part of the package that forms, as the case may be, the exterior surface of the front, back, top, bottom or any of the sides of the package;

  • (b) in the case of a cylindrical package,

    • (i) to the part of the package that forms, as the case may be, the exterior surface of the top or bottom of the package when it is closed, and

    • (ii) to the part of the package that forms, as the case may be, the exterior curved surface that makes up the front or back of the package around its circumference; and

  • (c) in the case of any other package, to the part of the package that forms, as the case may be, the exterior surface of the front, back, top, bottom or any of the sides of the package when it is closed.

• Marginal note:Interpretation — overwrap

  (5) In these Regulations, a reference to an interior or exterior surface of a package that contains a tobacco product does not include a reference to an overwrap.

Application

Marginal note:Tobacco product and package — retail sale

• 2 (1) These Regulations apply to every package that contains a tobacco product and that is intended for retail sale in Canada, as well as to every tobacco product that is intended for retail sale in Canada.

• Marginal note:Package that does not contain tobacco products

  (2) These Regulations also apply to a package that does not contain a tobacco product, if the package is furnished by a manufacturer of a tobacco product so that a tobacco product, primary package or secondary package may be placed in it after the tobacco product, primary package or secondary package is sold at retail in Canada.

Marginal note:Non-application

3 These Regulations do not apply to a package that contains a tobacco product and that is intended to be distributed to a manufacturer or retailer.

Marginal note:Interior surfaces

• 4 (1) For greater certainty, a provision of these Regulations that applies to any interior surface of a primary package that contains cigarettes applies to each surface of the slide of a slide and shell package — including the upper slide-flap and lower slide-flap — with the exception of any surface that forms the exterior surface of the top or bottom of the package when it is closed.

• Marginal note:Carton

  (2) For greater certainty, a provision of these Regulations that applies to any interior surface of a secondary package applies to each surface of a carton that forms its flaps and that is visible only when the carton is opened.

Purpose

Marginal note:Plain and standardized packaging

• 5 (1) For the purposes of section 23 of the Act, these Regulations set out the requirements that manufacturers of tobacco products must meet in respect of the plain and standardized appearance, shape and content of tobacco product packages.

• Marginal note:Information — package

  (2) For the purposes of section 15.3 of the Act, these Regulations set out the requirements that manufacturers of tobacco products must meet in respect of the manner of displaying information on or in tobacco product packages, including the form and placement of the information.

Marginal note:Product standards and markings

6 For the purposes of sections 5 and 5.3 of the Act, these Regulations also establish standards that manufacturers of tobacco products must meet in respect of the plain and standardized appearance and shape of tobacco products and set out requirements that manufacturers must meet in respect of the markings that may be displayed on tobacco products.

PART 1Tobacco Product Packaging

General Requirements

Package Contents

Marginal note:Primary package

• 7 (1) A primary package may contain only a tobacco product, a lining and a leaflet.

• Marginal note:Secondary package

  (2) A secondary package may contain only a primary package or other secondary package, as well as any overwrap covering those packages.

Standardized Physical Design Features

Marginal note:Secondary package shape

8 Every secondary package must have a rectangular cuboid shape when it is closed, having six surfaces that meet at right angles and edges that are rigid and straight, without any rounding or bevelling.

Marginal note:Brand element, colour or information

9 Except as otherwise provided by or under the Act, any other Act of Parliament or any Act of the legislature of a province, the interior and exterior surfaces of a primary package and of a secondary package must not display any brand element or any colour or information.

Marginal note:Standardized colour

• 10 (1) Except as otherwise provided by these Regulations, every interior and exterior surface of a primary package and of a secondary package must be drab brown.

• Marginal note:Exception — required information

  (2) Other colours may be used on the interior and exterior surfaces to display a health warning or other information that is required by or under the Act, any other Act of Parliament or any Act of the legislature of a province in accordance with the requirements imposed by or under that Act, other Act of Parliament or Act of the legislature of a province.

• Marginal note:Exception — package made of metal or wood

  (3) An interior surface of a primary package that is made of metal or wood may be the natural colour of the metal or wood.

Marginal note:Finish

11 Except as otherwise provided by or under the Act, any other Act of Parliament or any Act of the legislature of a province, every interior and exterior surface of a primary package and of a secondary package must have a matte finish.

Marginal note:Adhesive substance

12 Any adhesive substance that is used on an interior or exterior surface of a primary package or of a secondary package or on any lining or overwrap must be transparent and colourless.

Marginal note:Texture

• 13 (1) Every interior and exterior surface of a primary package and of a secondary package, as well as any overwrap covering the package, must have a smooth texture, without any raised features, embossing, decorative ridges, bulges or other irregularities.

• Marginal note:Exception — carton

  (2) However, a carton may include a perforated strip for opening that, once torn, may leave serrations on the carton’s interior and exterior surfaces.

Marginal note:Features

• 14 (1) The interior and exterior surfaces of a primary package and of a secondary package, as well as any lining, leaflet and overwrap, must not include any feature that is designed to change the appearance (such as heat-activated ink) or to change the surface area (such as a fold-out panel) of the package, lining, leaflet or overwrap.

• Marginal note:Means of opening

  (2) A primary package must be designed in such a manner that it may be opened by only one means when the package is used in the customary manner to gain access to the tobacco product.

• Marginal note:Inner box

  (3) A primary package must not be designed in such a manner that it forms an inner box that can be removed without being damaged.

Marginal note:Alphanumeric code

• 15 (1) A primary package and a secondary package may display an alphanumeric code that is composed of no more than 10 numeric characters and either the abbreviation “CA” that represents Canada or one of the following internationally approved alpha codes that represents the province or territory where the product is sold:

  • (a) in the case of Ontario, “ON”;

  • (b) in the case of Quebec, “QC”;

  • (c) in the case of Nova Scotia, “NS”;

  • (d) in the case of New Brunswick, “NB”;

  • (e) in the case of Manitoba, “MB”;

  • (f) in the case of British Columbia, “BC”;

  • (g) in the case of Prince Edward Island, “PE”;

  • (h) in the case of Saskatchewan, “SK”;

  • (i) in the case of Alberta, “AB”;

  • (j) in the case of Newfoundland and Labrador, “NL”;

  • (k) in the case of Yukon, “YT”;

  • (l) in the case of the Northwest Territories, “NT”; and

  • (m) in the case of Nunavut, “NU”.

• Marginal note:Alphanumeric code — manner of display

  (2) The alphanumeric code may be displayed on a primary package and a secondary package if it is displayed in such a manner that the code

  • (a) has a matte finish and is printed in a regular weight and width Lucida Sans Serif font style, without italics, and in black or gray;

  • (b) is printed only once on the primary package and once on the secondary package, in characters of no more than 8 points; and

  • (c) in the case of a package that has a rectangular cuboid shape when it is closed, is displayed on only the exterior surface of the top, bottom or any one of the sides of the package.

• Marginal note:Information — characteristics

  (3) The alphanumeric code must not convey any information relating to characteristics of the tobacco product that the package contains or the tobacco product’s emissions.

• Marginal note:Brand element

  (4) The alphanumeric code must not evoke the tobacco product’s brand elements.

Marginal note:Bar code

• 16 (1) A primary package and a secondary package may display a bar code that is rectangular in shape, does not contain any image or design and is no more than 40 mm by 20 mm in size.

• Marginal note:Bar code — manner of display

  (2) The bar code may be displayed on a primary package and a secondary package if it is displayed in such a manner that the code

  • (a) has a matte finish and is printed in either black and white or in drab brown and white;

  • (b) is displayed only once on the primary package and once on the secondary package; and

  • (c) in the case of a package that has a rectangular cuboid shape when it is closed, is displayed on only the exterior surface of the top, bottom or any one of the sides of the package.

Marginal note:Means of electronic communication

• 17 (1) The interior and exterior surfaces of a primary package and of a secondary package, as well as any lining, leaflet and overwrap, must not include any feature that is designed to permit access remotely to any promotion by a means of electronic communication.

• Marginal note:Other types of information

  (2) The surfaces, lining, leaflet and overwrap may include a feature that is designed to permit access remotely to other types of information by a means of electronic communication if the feature becomes visible only through technological means or meets the requirements imposed by or under the Act, any other Act of Parliament or any Act of the legislature of a province.

Marginal note:Feature to prevent counterfeiting

• 18 (1) A feature that is designed to prevent counterfeiting may be displayed on an exterior surface of a primary package or of a secondary package if the feature

  • (a) is required under an enactment of a foreign government;

  • (b) is a QR code, DotCode or Data Matrix;

  • (c) is rectangular in shape and does not contain any image or design;

  • (d) is no more than 40 mm by 20 mm in size;

  • (e) has a matte finish and is printed in either black and white or in drab brown and white;

  • (f) is displayed only once on each package; and

  • (g) in the case of a package that has a rectangular cuboid shape when it is closed, is displayed on only the exterior surface of the top, bottom or any one of the sides of the package.

• Marginal note:Definition of QR code, DotCode and Data Matrix

  (2) For the purposes of this section, QR code, DotCode and Data Matrix have the same meanings as in Article 21 of the Commission Implementing Regulation (EU) 2018/574 of December 15, 2017 on Technical Standards for the Establishment and Operation of a Traceability System for Tobacco Products.

Marginal note:Calibration marks

19 Calibration marks that are necessary for the automated manufacturing of a primary package or of a secondary package may be displayed on any of its interior or exterior surfaces, if those marks are not visible when the package is used in the customary manner to gain access to the tobacco product.

Marginal note:Scent and sound

• 20 (1) The interior and exterior surfaces of a primary package and of a secondary package, as well as any lining, leaflet and overwrap, must not be capable of emitting a scent or sound.

• Marginal note:Exception — packages made of wood

  (2) However, the interior and exterior surfaces of a primary package and of a secondary package that are made of wood may emit the natural scent of the wood.

Marginal note:Cut-out window

21 The interior and exterior surfaces of a primary package and of a secondary package must not include any cut-out window that permits the contents of the package to be visible without opening it.

Marginal note:Sticker and tab

• 22 (1) Subject to subsections (2) and (5), the interior and exterior surfaces of a primary package and of a secondary package must not include any sticker or tab.

• Marginal note:Exception — required information

  (2) An exterior surface of a primary package and of a secondary package may include an irremovable sticker that displays information required by or under the Act, any other Act of Parliament or any Act of the legislature of a province, if the sticker is placed on the package in such a manner that it does not conceal or obscure any such information on the package.

• Marginal note:Sticker — surface

  (3) The sticker is deemed to form a part of the surface on which it is placed.

• Marginal note:Sticker — requirements

  (4) However, only the requirements of sections 9 to 12, subsections 13(1) and 14(1) and sections 17 and 20 apply to the sticker.

• Marginal note:Exception — pouch or soft package

  (5) An interior and exterior surface of a primary package that is a pouch or a soft package may include a rectangular tab for resealing the package after opening if the tab

  • (a) does not conceal or obscure any information required by or under the Act, any other Act of Parliament or any Act of the legislature of a province; and

  • (b) does not display any brand element or any information.

• Marginal note:Tab — requirements

  (6) Only the requirements of subsection 10(1) and sections 11 and 12, subsections 13(1), 14(1) and 17(1) and section 20 apply to the tab.

• Marginal note:Transparent and colourless sticker or tab

  (7) Any tab or sticker that covers any information required by or under the Act, any other Act of Parliament or any Act of the legislature of a province must be transparent and colourless.

Marginal note:Lining

23 Except as otherwise provided by these Regulations, any lining that is placed in a primary package must

• (a) be white or drab brown;

• (b) have a matte finish and no variations in colour tone;

• (c) not display any brand element or any information; and

• (d) have a smooth texture, without any raised features, embossing, decorative ridges, bulges or other irregularities aside from embossed dots or squares that are required for the automated manufacturing process and that are uniform in size and equidistant.

Marginal note:Overwrap

24 Except as otherwise provided by these Regulations, any overwrap that covers a primary package or secondary package must

• (a) mould to the primary package or secondary package that it covers;

• (b) be transparent and colourless;

• (c) not include any tear tape;

• (d) not display any brand element; and

• (e) not display any information or features.

Marginal note:Overwrap — more than one primary package

25 If an overwrap covers more than one primary package, the following information and features may be displayed on it:

• (a) calibration marks that meet the requirements of section 19;

• (b) a bar code, if it is displayed only once on the overwrap, meets the requirements of subsection 16(1) and paragraph 16(2)(a) and is printed directly on the overwrap or on a label that meets the requirements of section 11 and subsections 13(1) and 14(1);

• (c) a solid black rectangle to cover the bar code on each primary package;

• (d) the declaration of net quantity and the common name of the tobacco product, printed in white on a black rectangle, if they are oriented parallel to and in the same direction as any information that is displayed on the surface that the overwrap covers; and

• (e) a health warning and any other information that is required or authorized by or under the Act, any other Act of Parliament or any Act of the legislature of a province.

Marginal note:Tear tape

26 An overwrap that covers a primary package or secondary package may include a single tear tape that

• (a) is made of plastic, is transparent and is either colourless or the colour required by or under an Act of the legislature of a province;

• (b) forms a straight line that has a uniform width of no more than 3.5 mm around the package or the width required by or under an Act of the legislature of a province;

• (c) is parallel to any straight edge of the package and perpendicular to the opening of the package;

• (d) is designed in such a manner that the entire overwrap is removed once the tear tape is torn; and

• (e) displays only information that is required or authorized by or under the Act, any other Act of Parliament or any Act of the legislature of a province.

Text Size, Style and Placement

Information

Marginal note:Text style and colour

• 27 (1) Except as otherwise provided by or under the Act, any other Act of Parliament or any Act of the legislature of a province, any text that is displayed on a primary package or secondary package, or on any overwrap covering the package, must have a matte finish and be printed in a regular weight and width Lucida Sans Serif font style, without italics, and in gray.

• Marginal note:Spacing

  (2) The space between every word that forms part of an expression must be no more than 4 mm.

Brand Name

Marginal note:Brand name — no colour or filter characteristic

28 A brand name that is not prohibited by the Act may be displayed in accordance with these Regulations on a primary package and a secondary package, if the brand name does not evoke a colour or a characteristic of a filter.

Marginal note:Placement

• 29 (1) In the case of a primary package or secondary package that has a rectangular cuboid shape when it is closed, the brand name may be displayed only once on each exterior surface of the front, back, top, bottom and sides of the package.

• Marginal note:Cylindrical package

  (2) Subject to subsection (3), the brand name may be displayed only once on each of the following surfaces of a cylindrical primary package or secondary package:

  • (a) the exterior surface of the top and bottom of the package; and

  • (b) the exterior curved surface of the front and back of the package.

• Marginal note:Cigar tube

  (3) The brand name may be displayed only once on a cigar tube.

• Marginal note:Other package

  (4) In the case of any other package, the brand name may be displayed only once on each exterior surface of the package.

Marginal note:Text size and style

• 30 (1) Any brand name that is displayed on a primary package or secondary package must

  • (a) be printed in alphabetic characters of 14 points; and

  • (b) form only one line of text.

• Marginal note:Capital letter

  (2) Only the first letter of each word in the brand name may be a capital letter.

Marginal note:Manner of display

• 31 (1) If a brand name is displayed on an exterior surface of a primary package or secondary package and a health warning is also displayed on that surface, the brand name must be oriented parallel to and in the same direction as the health warning and must be centered in the area of that surface that remains unoccupied by the health warning and any other information that is required or authorized by or under the Act, any other Act of Parliament or any Act of the legislature of a province.

• Marginal note:Other cases

  (2) If a brand name is displayed on an exterior surface of a primary package or secondary package, and no health warning is displayed on that surface, the brand name must be

  • (a) oriented parallel to and in the same direction as any other information that is displayed on that surface and centered in the remaining area of that surface; or

  • (b) centered on that surface, if no other information is displayed on it.

• Marginal note:Exception — cigar tube

  (3) Subsections (1) and (2) do not apply to a cigar tube.

Manufacturer Information and Declaration of Net Quantity

Marginal note:Manufacturer identity and principal place of business

• 32 (1) The manufacturer’s identity and principal place of business may be displayed only once on every primary package and secondary package and must be printed in characters of 10 points.

• Marginal note:Package — rectangular cuboid shape

  (2) In the case of a primary package or secondary package that has a rectangular cuboid shape when it is closed, the manufacturer’s identity and principal place of business may be displayed on the exterior surface of only one of the sides of the package.

Marginal note:Manner of display

33 In the case of any package, other than a cylindrical package, the manufacturer’s identity and principal place of business must be oriented parallel to and in the same direction as any other information that is displayed on the same exterior surface of the package.

Marginal note:Net quantity and common name

• 34 (1) The declaration of net quantity and the common name of a tobacco product may be displayed on every primary package and secondary package.

• Marginal note:Principal display panel

  (2) The declaration of net quantity and the common name of a tobacco product may be displayed only once on each principal display panel, as defined in subsection 2(2) of the Consumer Packaging and Labelling Regulations.

Marginal note:Manner of display

• 35 (1) If the declaration of net quantity and the common name of a tobacco product are displayed on an exterior surface of a primary package or of a secondary package and a health warning is also displayed on that surface, the declaration and the common name must be oriented parallel to and in the same direction as the health warning.

• Marginal note:Other cases

  (2) If the declaration of net quantity and the common name of the tobacco product are displayed on an exterior surface of a primary package or of a secondary package and no health warning is displayed on that surface, the declaration and the common name must be oriented parallel to and in the same direction as any other information that is displayed on that surface.

Marginal note:Placement

36 In the case of a package that has a rectangular cuboid shape when it is closed, the declaration of net quantity and the common name of the tobacco product must be displayed in such a manner that the last letter of that information is 5 mm from the bottom and right edges of the package.

Marginal note:Text size and style — net quantity and common name

• 37 (1) The declaration of net quantity and the common name of the tobacco product must be printed in characters whose height is no more than the minimum height of the numerical quantity in the declaration of net quantity set out in subsection 14(2) of the Consumer Packaging and Labelling Regulations.

• Marginal note:Definition of height

  (2) For the purposes of this section, height has the meaning assigned by subsection 14(1) of the Consumer Packaging and Labelling Regulations.

Leaflets

Marginal note:Standardized appearance

• 38 (1) Except as otherwise provided by or under the Act or any other Act of Parliament, a leaflet must have a matte finish and the text that is displayed on it must be printed in a regular weight and width Lucida Sans Serif font style, without italics, and in either black on a white background or gray on a drab brown background.

• Marginal note:Brand name — no colour or filter characteristic

  (2) A brand name that is not prohibited by the Act may be displayed on a leaflet in accordance with this section, if the brand name does not evoke a colour or a characteristic of a filter.

• Marginal note:Image

  (3) Subject to subsection 17(2), a leaflet must not display any image other than one that warns consumers of the health hazards arising from the use of the tobacco product or that provides instructions for its use.

• Marginal note:Risk statement

  (4) Any statement respecting a risk arising from the use of the tobacco product may be printed in red.

Specific Requirements — Cigarette Packages

Standardized Physical Design Features and Type of Package

Marginal note:Primary package shape

39 Every primary package that contains cigarettes must have a rectangular cuboid shape when it is closed, having six surfaces that meet at right angles and edges that are rigid and straight, without any rounding or bevelling.

Marginal note:Primary package — requirement

40 A primary package that contains cigarettes must be a slide and shell package with a vertical opening.

Marginal note:Slide and shell package — requirements

41 A slide and shell package must meet the following requirements:

• (a) the only way to open it is by using the slide; and

• (b) the edges of its upper slide-flap and lower slide-flap must be rigid and straight, without any rounding or bevelling, except at the corners that are concealed by the shell when the package is closed.

Marginal note:Dimensions

• 42 (1) A slide and shell package that contains regular size cigarettes must have the following dimensions when it is closed:

  • (a) a height of no less than 72 mm and no more than 77 mm;

  • (b) a width of no less than 81 mm and no more than 106 mm; and

  • (c) a depth of no less than 15 mm and no more than 18 mm.

• Marginal note:King size cigarettes

  (2) A slide and shell package that contains king size cigarettes must have the following dimensions when it is closed:

  • (a) a height of no less than 84 mm and no more than 89 mm;

  • (b) a width of no less than 81 mm and no more than 106 mm; and

  • (c) a depth of no less than 15 mm and no more than 18 mm.

Marginal note:Material

• 43 (1) Every primary package and secondary package that contains cigarettes must be made of rigid cardboard.

• Marginal note:Exception — carton

  (2) However, a carton may be made of paper.

• Marginal note:Overwrap

  (3) An overwrap that meets the requirements of sections 24 to 26 may be used, instead of a carton, to cover two or more primary packages that contain cigarettes.

Marginal note:Lining

44 Any lining that is placed in a primary package that contains cigarettes must

• (a) be made of one sheet of silver-coloured foil that is attached to white backing paper and to an interior surface of the package in such a manner that it cannot be removed without being damaged; and

• (b) meet the requirements of paragraphs 23(b) to (d).

Text Placement

Marginal note:Declaration of size of cigarettes

45 The declaration of the size of cigarettes as regular size or king size may be displayed on the exterior surface of the front and back of a primary package and of a secondary package and it must be printed in alphabetic characters of 10 points, oriented parallel to and in the same direction as the health warning and positioned in such a manner that the first letter of the declaration is 5 mm from the bottom and left edges of the package.

Specific Requirements — Little Cigar Packages

Marginal note:Primary package shape

• 46 (1) Every primary package that contains little cigars must have a rectangular cuboid shape when it is closed, having six surfaces that meet at right angles and edges that are rigid and straight, without any rounding or bevelling.

• Marginal note:Exception — metal package

  (2) However, a primary package that is made of metal and contains little cigars — and any carton that contains such a primary package — may have rounded or beveled corners.

Marginal note:Material

• 47 (1) Every primary package that contains little cigars must be made of rigid cardboard or metal.

• Marginal note:Secondary package

  (2) Every secondary package must be made of rigid cardboard.

• Marginal note:Exception — carton

  (3) However, a carton may be made of paper.

• Marginal note:Overwrap

  (4) An overwrap that meets the requirements of sections 24 to 26 may be used, instead of a carton, to cover two or more primary packages that contain little cigars.

Marginal note:Lining

48 Any lining that is placed in a primary package that contains little cigars must

• (a) be made of one sheet of silver-coloured foil that is attached to white backing paper and to an interior surface of the package in such a manner that it cannot be removed without being damaged; and

• (b) meet the requirements of paragraphs 23(b) to (d).

Specific Requirements — Cigar Packages

Marginal note:Interpretation — primary package

49 Despite these Regulations, a package is considered to be a primary package if it is intended for retail sale in Canada and cigars that are covered by overwraps are directly placed in it.

Marginal note:Overwrap — cigar

• 50 (1) Any overwrap that covers a cigar must mould to the cigar and meet the requirements of paragraphs 24(b) to (d).

• Marginal note:Overwrap — more than one cigar

  (2) If an overwrap covers more than one cigar, the information and features referred to in section 25 may be displayed on the overwrap.

Marginal note:Overwrap — primary package

51 An overwrap that meets the requirements of sections 24 to 26 may be used, instead of a carton, to cover two or more primary packages that contain cigars.

Marginal note:Lining

52 Any lining that is placed in a primary package that contains cigars must

• (a) have a smooth texture, without any raised features, embossing, decorative ridges, bulges or other irregularities, unless such features are necessary to hold the cigar in place or to remove it from the lining; and

• (b) meet the requirements of paragraphs 23(a) to (c).

Specific Requirements — Packages that Contain Devices or Parts Used with Devices

Marginal note:Interpretation — primary package

53 Despite these Regulations, a package is considered to be a primary package if it is intended for retail sale in Canada and a device that is necessary for the use of a tobacco product and that is covered by an overwrap is directly placed in it or a part that may be used with such a device and that is covered by an overwrap is directly placed in it.

Marginal note:Primary package shape

54 Every primary package that contains a device that is necessary for the use of a tobacco product, or a part that may be used with such a device, must have a rectangular cuboid shape when it is closed, having six surfaces that meet at right angles and edges that are rigid and straight, without any rounding or bevelling.

Marginal note:Overwrap

• 55 (1) Any overwrap that covers a device that is necessary for the use of a tobacco product, or a part that may be used with such a device, must mould to the device or part and meet the requirements of paragraphs 24(b) to (d).

• Marginal note:Overwrap — more than one device

  (2) If an overwrap covers more than one device that is necessary for the use of a tobacco product or more than one part that may be used with such a device, the information and features referred to in section 25 may be displayed on the overwrap.

Marginal note:Lining

56 Any lining that is placed in a primary package that contains a device that is necessary for the use of a tobacco product, or a part that may be used with such a device, must

• (a) be made of plastic or rigid cardboard;

• (b) have a smooth texture, without any raised features, embossing, decorative ridges, bulges or other irregularities, unless such features are necessary to hold the device or part in place or to remove it from the lining; and

• (c) meet the requirements of paragraphs 23(a) to (c).

Marginal note:Instructions

57 The exterior surfaces of a primary package and of a secondary package that contains a device that is necessary for the use of a tobacco product, or a part that may be used with such a device, may display instructions for the safe handling or storage of the device or part if the instructions

• (a) do not contain any promotion, image or design;

• (b) are printed in characters of 10 points;

• (c) are displayed, in both English and French, only once on the primary package and once on the secondary package;

• (d) are displayed only on the exterior surface of any side of the package; and

• (e) are oriented parallel to and in the same direction as any other information that is displayed on the same exterior surface of the package.

Specific Requirements — Packages that Contain Tobacco Products Intended for Use with Devices

Marginal note:Primary package shape

58 Every primary package that contains a tobacco product that is made in whole or in part of tobacco and intended for use with a device that is necessary for the use of that product must have a rectangular cuboid shape when it is closed, having six surfaces that meet at right angles and edges that are rigid and straight, without any rounding or bevelling.

Marginal note:Lining

59 Any lining that is placed in a primary package that contains a tobacco product that is made in whole or in part of tobacco and intended for use with a device that is necessary for the use of that product must

• (a) have a smooth texture, without any raised features, embossing, decorative ridges, bulges or other irregularities, unless such features are necessary to hold the product in place or to remove it from the lining; and

• (b) meet the requirements of paragraphs 23(a) to (c).

Specific Requirements — Packages that Do Not Contain Tobacco Products

Marginal note:Plain and standardized appearance

• 60 (1) If a manufacturer of a tobacco product furnishes a package so that a tobacco product may be directly placed in it after the product’s retail sale in Canada, the package must meet the requirements of these Regulations that apply to a primary package that contains the tobacco product, other than the requirements of subsection 14(3) and sections 23 and 32 to 37.

• Marginal note:Bag

  (2) Despite subsection (1), if a manufacturer of a tobacco product furnishes a bag so that a tobacco product, primary package or secondary package may be placed in it after the tobacco product, primary package or secondary package is sold at retail in Canada, the bag must meet the requirements of

  • (a) section 9;

  • (b) subsections 10(1) and (2);

  • (c) sections 11 and 12;

  • (d) subsection 13(1);

  • (e) subsection 14(1);

  • (f) section 15;

  • (g) subsection16(1) and paragraph 16(2)(a);

  • (h) sections 17 to 19;

  • (i) sections 20 and 21;

  • (j) subsections 22(1) to (4) and (7);

  • (k) sections 27 and 28;

  • (l) subsection 29(4);

  • (m) section 30; and

  • (n) subsection 31(2).

PART 2Appearance and Dimensions of Tobacco Products

General Requirements

Marginal note:Appearance

61 Subject to section 62, every tobacco product that is made of tobacco that is rolled in paper or in a wrapper composed of reconstituted tobacco must have a smooth texture, without any raised features, embossing, decorative ridges, bulges or other irregularities.

Marginal note:Filter

62 A filter may have holes or recesses that are not visible.

Marginal note:Alphanumeric code

• 63 (1) A tobacco product may display an alphanumeric code if the code

  • (a) is printed only once on the tobacco product, in characters of no more than 8 points;

  • (b) meets the requirements of subsection 15(1) and paragraph 15(2)(a); and

  • (c) in the case of cigarettes, little cigars, cigars and tobacco products that are made in whole or in part of tobacco, rolled in paper and intended for use with a device, is oriented parallel to and displayed no more than 38 mm from the end of the product that is not designed to be lit or heated.

• Marginal note:Exception — cigars

  (2) Despite paragraph (1)(a), instead of being printed on a cigar, the alphanumeric code may be printed on a cigar band that meets the requirements of subsection 71(4) if the code is displayed only once on the band and is printed in characters of no more than 10 points.

• Marginal note:Information

  (3) The alphanumeric code must not convey any information relating to characteristics of the tobacco product or its emissions.

• Marginal note:Brand element

  (4) The alphanumeric code must not evoke the tobacco product’s brand elements.

Marginal note:Means of electronic communication

• 64 (1) A tobacco product must not include any feature that is designed to permit access remotely to any promotion by a means of electronic communication.

• Marginal note:Other types of information

  (2) The tobacco product may include a feature that is designed to permit access remotely to other types of information by a means of electronic communication if the feature becomes visible only through technological means or meets the requirements imposed by or under the Act, any other Act of Parliament or any Act of the legislature of a province.

Specific Requirements — Cigarettes

Marginal note:Size of cigarettes

65 Cigarettes must have a diameter of no less than 7.65 mm and no more than 8.0 mm and must be

• (a) no less than 70.0 mm and no more than 73.0 mm in length, in the case of regular size cigarettes; and

• (b) no less than 82.0 mm and no more than 85.0 mm in length, in the case of king size cigarettes.

Marginal note:Requirements

66 A cigarette must meet the following requirements:

• (a) the part of its filter, if any, that is visible under normal conditions of use must be white;

• (b) the paper that it is made of must be white and have a matte finish; and

• (c) its tipping paper must have a matte finish and be white or imitate a cork pattern.

Marginal note:Ventilation holes

67 Despite section 61, the paper that a cigarette is made of, including any tipping paper, may have ventilation holes that do not form any word, image or design.

Specific Requirements — Little Cigars

Marginal note:Size of little cigars

68 Little cigars must have a diameter of no less than 7.0 mm and no more than 8.5 mm.

Marginal note:Requirements

69 A little cigar must meet the following requirements:

• (a) its mouthpiece or tip must have a matte finish and be white or drab brown;

• (b) the part of its filter, if any, that is visible under normal conditions of use must be white; and

• (c) its tipping paper must have a matte finish and be white or drab brown, or imitate a cork pattern.

Specific Requirements — Cigars

Marginal note:Requirements

70 A cigar must meet the following requirements:

• (a) any mouthpiece or tip must have a matte finish and be white or drab brown; and

• (b) any tipping paper must have a matte finish and be drab brown.

Marginal note:Information on cigar band

• 71 (1) The following information may be displayed on a cigar if it is displayed on a band that is fitted around the circumference of the cigar and meets the requirements of this section:

  • (a) a brand name that is not prohibited by the Act, if the brand name does not evoke a colour or a characteristic of a filter;

  • (b) the manufacturer’s identity and principal place of business; and

  • (c) the name of the country in which the cigar was manufactured.

• Marginal note:Requirements — information

  (2) The information referred to in subsection (1) may be displayed only once on the band and must

  • (a) have a matte finish and be printed in a regular weight and width Lucida Sans Serif font style, in characters of no more than 10 points, without italics, and in gray; and

  • (b) be displayed horizontally along the length of the band such that the text runs around the circumference of the cigar.

• Marginal note:Bar code

  (3) A bar code may be displayed only once on the band and must meet the requirements of subsection 16(1) and paragraph 16(2)(a).

• Marginal note:Requirements — cigar band

  (4) The band must be drab brown and have a matte finish and smooth texture, without any raised features, embossing, decorative ridges, bulges or other irregularities.

Marginal note:Adhesive band

• 72 (1) The band referred to in section 71 may be placed over another band that does not meet the requirements of these Regulations if it completely covers the other band and is attached to it by adhesive and in such a manner that it cannot be removed without the other band being damaged.

• Marginal note:Non-compliant band

  (2) A band need not meet the requirements of these Regulations if it is completely covered, in accordance with subsection (1), by the band referred to in section 71.

Specific Requirements — Other Tobacco Products

Marginal note:Tobacco products used with a device

• 73 (1) The requirements of section 66 apply to a tobacco product that is made in whole or in part of tobacco, rolled in paper and intended for use with a device.

• Marginal note:Tobacco products not rolled in paper

  (2) A tobacco product that is made in whole or in part of tobacco and intended for use with a device but that is not rolled in paper must have a matte finish and be drab brown.

Marginal note:Ventilation holes

74 Despite section 61, any paper in which a tobacco product that is intended for use with a device is rolled, including any tipping paper, may have ventilation holes that do not form any word, image or design.

Marginal note:Devices

75 Except as otherwise provided by or under the Act, any other Act of Parliament or any Act of the legislature of a province, the surfaces of a device that is necessary for the use of a tobacco product and of the parts that may be used with the device need not be the natural colour of the materials of which they are made.

Marginal note:Marking on a device

• 76 (1) Except as otherwise provided by or under the Act, any other Act of Parliament or any Act of the legislature of a province, a marking that is not a promotion may be displayed on a device that is necessary for the use of a tobacco product and on a part that may be used with the device.

• Marginal note:Exception — brand name

  (2) However, a brand name that is not prohibited by the Act may be displayed on a device and on a part that may be used with the device if the brand name does not evoke a colour or a characteristic of a filter.

Marginal note:Filters

77 The part of a filter that is visible when the filter is used with a tobacco product under normal conditions of use must be white.

Marginal note:Tubes

78 The requirements of paragraphs 66(a) to (c) apply to a tube that is intended for use with a tobacco product.

Marginal note:Paper

• 79 (1) Any paper — other than tipping paper — that is intended for use with a tobacco product must have a matte finish and be white.

• Marginal note:Ventilation holes

  (2) Despite section 61, the paper may have ventilation holes that do not form any word, image or design.

Marginal note:Bidis

80 Any thread around the circumference of a bidi must be black.

PART 3Consequential Amendments, Transitional Provisions and Coming into Force

Consequential Amendments

Tobacco Products Information Regulations

81 [Amendments]

Tobacco Products Labelling Regulations (Cigarettes and Little Cigars)

82 [Amendments]

83 [Amendments]

84 [Amendments]

85 [Amendments]

86 [Amendments]

87 [Amendments]

88 [Amendments]

Transitional Provisions

Marginal note:Definition of transitional period

• 89 (1) For the purposes of this section, transitional period means

  • (a) in respect of all tobacco products and packages that contain tobacco products, including little cigars but no other cigars or packages that contain other cigars, the period beginning on the day on which these Regulations come into force and ending on the 90th day after that day; and

  • (b) in respect of cigars and packages that contain cigars, other than little cigars, the period beginning on the day on which these Regulations come into force and ending on the 180th day after that day.

• Marginal note:Tobacco product or package

  (2) During the transitional period, a retailer may sell a package that contains tobacco products or a tobacco product that does not meet the requirements of these Regulations.

• Marginal note:Package or bag

  (3) During the transitional period, a retailer may furnish a package or bag referred to in section 60 that does not meet the requirements of these Regulations.

Marginal note:Cigarette packages — edges

• 90 (1) Despite these Regulations, until the second anniversary of the day on which subsection 11(2) of An Act to amend the Tobacco Act and the Non-smokers’ Health Act and to make consequential amendments to other Acts, chapter 9 of the Statutes of Canada, 2018, comes into force, a primary package that contains cigarettes may have edges that are rounded and beveled and not rigid and straight.

• Marginal note:Retailers

  (2) Despite subsection (1), a retailer may continue to sell a primary package or a secondary package that contains cigarettes and whose edges are rounded and beveled and not rigid and straight until the day that, in the 27th month after the month in which subsection 11(2) of An Act to amend the Tobacco Act and the Non-smokers’ Health Act and to make consequential amendments to other Acts, chapter 9 of the Statutes of Canada, 2018, comes into force, has the same calendar number as the day on which that subsection comes into force or, if that 27th month has no day with that number, the last day of that 27th month.

Coming into Force

Marginal note:S.C. 2018, c.9

• Footnote ^*91 (1) Subject to subsections (2) and (3), these Regulations come into force on the day on which subsection 11(2) of An Act to amend the Tobacco Act and the Non-smokers’ Health Act and to make consequential amendments to other Acts, chapter 9 of the Statutes of Canada, 2018, comes into force.

• Marginal note:First anniversary

  (2) These Regulations come into force, in respect of cigars and packages that contain cigars, other than little cigars, on the first anniversary of the day on which subsection 11(2) of An Act to amend the Tobacco Act and the Non-smokers’ Health Act and to make consequential amendments to other Acts, chapter 9 of the Statutes of Canada, 2018, comes into force.

• Marginal note:Second anniversary

  (3) The following provisions come into force on the second anniversary of the day on which subsection 11(2) of the Act to amend the Tobacco Act and the Non-smokers’ Health Act and to make consequential amendments to other Acts, chapter 9 of the Statutes of Canada, 2018, comes into force:

  • (a) sections 40 to 42; and

  • (b) sections 61 and 62, in respect of tobacco products that are made in whole or in part of tobacco and intended for use with a device.

• Return to footnote ^*[Note: Regulations, except sections 40 to 42, in force November 9, 2019, sections 40 to 42 in force November 9, 2021, see SI/2019-21.]