Tobacco Products Regulations (Plain and Standardized Appearance) (SOR/2019-107)
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Regulations are current to 2024-06-11 and last amended on 2021-11-09. Previous Versions
AMENDMENTS NOT IN FORCE
— SOR/2023-97, s. 1
1 The title of the Tobacco Products Regulations (Plain and Standardized Appearance)Footnote 1 is replaced by the following:
Return to footnote 1SOR/2019-107
Tobacco Products Appearance, Packaging and Labelling Regulations
— SOR/2023-97, s. 2
2 (1) The definitions carton, drab brown, gray and health warning in subsection 1(1) of the Regulations are replaced by the following:
- carton
carton means a secondary package in which two or more primary packages containing the same type of tobacco product are placed. (cartouche)
- drab brown
drab brown means the colour known as Pantone 448. (brun terne)
- gray
gray means the colour known as Pantone Cool Gray 2. (gris)
- health warning
health warning, in respect of a tobacco product, means the applicable health warning
(a) referred to in subsection 88(1) and displayed on a tobacco product package; or
(b) referred to in subsection 118(1) and displayed directly on a tobacco product. (avertissement sanitaire)
(2) Subsection 1(1) of the Regulations is amended by adding the following in alphabetical order:
- cigar
cigar means a roll or tubular construction intended for smoking, other than a little cigar, that contains a filler composed of natural or reconstituted tobacco and has a wrapper, or a wrapper and a binder, composed of natural or reconstituted tobacco. (cigare)
- cigarette
cigarette includes any roll or tubular construction that contains tobacco and is intended for smoking, other than a cigar, little cigar or tobacco stick. (cigarette)
- display area
display area means the portion of the surface area of a tobacco product package, leaflet or tobacco product on which a labelling element is to be displayed. (zone d’affichage)
- manufacturer
manufacturer does not include an individual or entity that only packages or distributes tobacco products on behalf of a manufacturer. (fabricant)
- top edge
top edge means the edge that is in the horizontal plane and forms the upper limit of the package when the package is used in the customary manner to gain access to the tobacco product. (arête supérieure)
— SOR/2023-97, s. 3
3 Subsection 1(5) of the Regulations is repealed.
— SOR/2023-97, s. 4
4 Section 2 of the Regulations is replaced by the following:
Tobacco product and package — retail sale
2 (1) These Regulations apply to every tobacco product that is intended for retail sale in Canada, as well as to any package that contains such a tobacco product.
Package that does not contain tobacco products
(2) Part 1 also applies, in accordance with section 60, to a package that does not contain a tobacco product but 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.
— SOR/2023-97, s. 5
5 Subsection 5(2) of the Regulations is replaced by the following:
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 tobacco product packages and on leaflets, including the form and placement of the information.
— SOR/2023-97, s. 6
6 The Regulations are amended by adding the following after section 6:
Labelling — required information
6.1 For the purposes of sections 15 and 15.2 of the Act, these Regulations set out the labelling requirements that manufacturers of tobacco products must meet in respect of
(a) information that is required under the Act to be displayed about tobacco products and their emissions and about the health hazards and health effects arising from the use of the products and from their emissions; and
(b) the manner of displaying that information on tobacco products, on packages that contain tobacco products and on leaflets.
— SOR/2023-97, s. 7
7 The heading of Part 1 of the Regulations is replaced by the following:
Appearance and Dimensions of Tobacco Product Packages
— SOR/2023-97, s. 8
8 Subsection 10(2) of the Regulations is replaced by the following:
Exception — required or authorized information
(2) Other colours may be used on the interior and exterior surfaces to display a health warning or 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, in accordance with the requirements imposed by or under that Act, other Act of Parliament or Act of the legislature of a province.
— SOR/2023-97, s. 9
9 Section 11 of the Regulations is renumbered as subsection 11(1) and is amended by adding :
Exception — pouch or soft package
11 (2) The interior surfaces and exterior surfaces of a primary package that is a pouch or soft package may have a glossy finish if those surfaces include a transparent film.
— SOR/2023-97, s. 10
10 Subsection 15(3) of the Regulations is replaced by the following:
Information — characteristics
(3) The alphanumeric code must not convey any information relating to characteristics of the tobacco product that the primary package or secondary package contains or the tobacco product’s emissions.
— SOR/2023-97, s. 11
11 (1) Subsection 22(2) of the Regulations is replaced by the following:
Exception — required or authorized information
(2) The exterior surfaces of a primary package and of a secondary package may include an irremovable sticker that displays 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, if the sticker is placed on an exterior surface in such a manner that it does not conceal or obscure any such information on the package.
(2) Paragraph 22(5)(a) of the French version of the Regulations is replaced by the following:
a) elles ne masquent ni ne voilent les informations exigées sous le régime de la Loi, de toute autre loi fédérale ou de toute loi provinciale;
(3) Subsection 22(7) of the French version of the Regulations is replaced by the following:
Autocollants et languettes transparents et incolores
(7) Les autocollants et les languettes qui recouvrent les informations exigées sous le régime de la Loi, de toute autre loi fédérale ou de toute loi provinciale sont transparents et incolores.
— SOR/2023-97, s. 12
12 Paragraph 24(e) of the French version of the Regulations is replaced by the following:
e) aucune information ni aucune caractéristique n’y figurent.
— SOR/2023-97, s. 13
13 (1) Paragraph 25(b) of the Regulations is replaced by the following:
(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 subsections 11(1), 13(1) and 14(1) that are applicable to interior and exterior surfaces;
(2) Paragraphs 25(d) and (e) of the French version of the Regulations are replaced by the following:
d) la déclaration de quantité nette du produit du tabac ainsi que son nom commun — inscrits en blanc dans un rectangle noir —, à condition que ces informations soient disposées parallèlement aux informations figurant sur la surface que le suremballage recouvre et dans le même sens que celles-ci;
e) tout avertissement sanitaire et toute autre information exigée ou autorisée sous le régime de la Loi, de toute autre loi fédérale ou de toute loi provinciale.
— SOR/2023-97, s. 14
14 Paragraph 26(e) of the French version of the Regulations is replaced by the following:
e) seules y figurent les informations exigées ou autorisées sous le régime de la Loi, de toute autre loi fédérale ou de toute loi provinciale.
— SOR/2023-97, s. 15
15 Subsection 29(4) of the Regulations is replaced by the following:
Other primary package or secondary package
(4) In the case of any other primary package or secondary package, the brand name may be displayed only once on each exterior surface of the package.
— SOR/2023-97, s. 16
16 Subsections 31(1) and (2) of the French version of the Regulations are replaced by the following:
Présentation
31 (1) Le nom de marque qui figure sur une surface extérieure d’un emballage primaire ou d’un emballage secondaire sur laquelle figure également un avertissement sanitaire est disposé parallèlement à l’avertissement et dans le même sens que celui-ci et est centré sur la superficie qui n’est pas occupée par l’avertissement ou par toute autre information exigée ou autorisée sous le régime de la Loi, de toute autre loi fédérale ou de toute loi provinciale.
Autres cas
(2) Le nom de marque qui figure sur une surface extérieure d’un emballage primaire ou d’un emballage secondaire sur laquelle ne figure aucun avertissement sanitaire satisfait aux exigences suivantes :
a) si d’autres informations figurent sur la surface, il est disposé parallèlement à ces informations, dans le même sens que celles-ci, et est centré sur la superficie restante de la surface;
b) si aucune autre information ne figure sur la surface, il est centré sur celle-ci.
— SOR/2023-97, s. 17
17 Section 33 of the Regulations is replaced by the following:
Manner of display
33 In the case of any primary package or secondary 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.
— SOR/2023-97, s. 18
18 Section 35 of the French version of the Regulations is replaced by the following:
Présentation
35 (1) La déclaration de quantité nette du produit du tabac et son nom commun qui figurent sur une surface extérieure d’un emballage primaire ou d’un emballage secondaire sur laquelle figure également un avertissement sanitaire sont disposés parallèlement à l’avertissement et dans le même sens que celui-ci.
Autres cas
(2) Si la déclaration de quantité nette et le nom commun figurent sur une surface extérieure d’un emballage primaire ou d’un emballage secondaire sur laquelle ne figure aucun avertissement sanitaire, ils sont disposés parallèlement aux autres informations figurant sur cette surface et dans le même sens que celles-ci.
— SOR/2023-97, s. 19
19 Section 36 of the Regulations is replaced by the following:
Placement
36 In the case of a primary package or secondary 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.
— SOR/2023-97, s. 20
20 Section 40 of the Regulations is replaced by the following:
Primary package — requirement
40 A primary package that contains cigarettes must be a slide and shell package.
— SOR/2023-97, s. 21
21 Paragraph 41(a) of the Regulations is replaced by the following:
(a) the only way to open it is by moving the slide vertically; and
— SOR/2023-97, s. 22
22 The Regulations are amended by adding the following after section 42:
Dimensions of upper slide-flap
42.1 (1) The upper slide-flap of a slide and shell package that contains regular size cigarettes must have the following dimensions:
(a) a height of 51 mm; and
(b) a width of no less than 80 mm and no more than 105 mm.
King size cigarettes
(2) The upper slide-flap of a slide and shell package that contains king size cigarettes must have the following dimensions:
(a) a height of 62 mm; and
(b) a width of no less than 80 mm and no more than 105 mm.
Width
(3) The width of the upper slide-flap of a slide and shell package must be equal to the width of the slide.
— SOR/2023-97, s. 23
23 Paragraph 44(a) of the Regulations is replaced by the following:
(a) be made of one sheet of silver-coloured foil or paper that is attached to white backing paper and to an interior surface of the primary package in such a manner that it cannot be removed without being damaged; and
— SOR/2023-97, s. 24
24 Section 45 of the Regulations is replaced by the following:
Declaration of size of cigarettes
45 (1) 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.
Manner of display
(2) The declaration of the size of cigarettes must be identified by the words “Regular Size” or their abbreviation “RS” or the words “King Size”or their abbreviation “KS”, as the case may be, and 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 primary package or secondary package.
— SOR/2023-97, s. 25
25 Sections 49 and 50 of the Regulations are replaced by the following:
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 individually covered by overwrap are directly placed in it.
Overwrap — cigar
50 (1) An overwrap that covers one cigar and an overwrap in which two or more cigars are placed must mould to the cigars and meet the requirements of paragraphs 24(b) to (d).
Overwrap — two or more cigars
(2) The information and features referred to in section 25 may be displayed on an overwrap in which two or more cigars are placed.
Overwrap — sticker
(3) Subject to subsections (4) and (5), the interior and exterior surfaces of an overwrap in which two or more cigars are placed must not include any sticker.
Exception — required or authorized information
(4) An exterior surface of an overwrap in which two or more cigars are placed may include an irremovable sticker that displays information required or authorized 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 overwrap in such a manner that it does not conceal or obscure any such information on the overwrap.
Sticker — requirements
(5) The requirements of section 9, subsections 10(1) and (2), sections 11 and 12, subsections 13(1) and 14(1), section 17 and subsection 20(1) that are related to interior and exterior surfaces apply to the sticker.
— SOR/2023-97, s. 26
26 Paragraph 57(e) of the French version of the Regulations is replaced by the following:
e) elles sont orientées parallèlement aux autres informations qui figurent sur la même surface extérieure et dans le même sens que celles-ci.
— SOR/2023-97, s. 27
27 Section 63 of the Regulations is replaced by the following:
Alphanumeric code
63 (1) A tobacco product may display an alphanumeric code described in subsection 15(1), printed in black or gray.
Subsection 5.3(3) of the Act
(2) For the purposes of subsection 5.3(3) of the Act, black and gray colouring agents used to display the alphanumeric code on a tobacco product are prescribed additives.
Other requirements
(3) The alphanumeric code must
(a) be printed only once on the tobacco product, in characters of no more than 8 points;
(b) have a matte finish and be printed in a regular weight and width Lucida Sans Serif font style, without italics;
(c) in the case of cigarettes that have tipping paper, 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, be oriented parallel to and displayed no more than 38 mm from the end of the tobacco product that is not designed to be lit or heated;
(d) in the case of cigarettes that do not have tipping paper, be oriented parallel to and displayed no more than 38 mm from the end of the cigarette that is closest to the health warning’s display area; and
(e) be positioned in such a manner that it does not obscure or conceal any health warning, or any attribution referred to in subsection 83(1), that is displayed on the tobacco product.
Exception — cigars
(4) Despite paragraph (3)(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.
Information — characteristics
(5) The alphanumeric code must not convey any information relating to characteristics of the tobacco product or its emissions.
Brand element
(6) The alphanumeric code must not evoke the tobacco product’s brand elements.
— SOR/2023-97, s. 28
28 (1) The portion of subsection 71(1) of the French version of the Regulations before paragraph (a) is replaced by the following:
Informations figurant sur les bagues de cigares
71 (1) Les informations ci-après peuvent figurer sur les cigares si elles figurent sur une bague qui est placée autour de la circonférence du cigare et satisfont aux exigences prévues au présent article :
(2) Subsection 71(2) of the French version of the Regulations is replaced by the following:
Exigences — informations
(2) Ces informations ne figurent qu’une seule fois sur la bague et :
a) elles ont un fini mat et sont imprimées en police de caractères Lucida Sans Serif d’au plus 10 points, d’épaisseur et de largeur normales, sans italique et en gris;
b) elles figurent horizontalement sur la longueur de la bague, de manière à ce que le texte se trouve autour de la circonférence du cigare.
— SOR/2023-97, s. 29
29 Part 3 of the Regulations is replaced by the following:
PART 3Tobacco Product Labelling — Required Information
Definitions
Definitions
81 The following definitions apply in this Part.
- health information message
health information message, in respect of a tobacco product, means the applicable health information message referred to in subsection 94(1). (message d’information sur la santé)
- labelling element
labelling element, in respect of a tobacco product, means
(a) a health warning described in section 87, a health information message described in section 92 or the toxicity information described in section 99 that is displayed on a package or leaflet; and
(b) a health warning described in section 117 that is displayed directly on a tobacco product referred to in that section. (élément d’étiquetage)
- source document
source document means the document that sets out labelling elements, as well as the attribution of those labelling elements, entitled Labelling Elements for Tobacco Products, as amended from time to time and published by the Government of Canada in print and electronic form. (document source)
- toxicity information
toxicity information, in respect of a tobacco product, means the applicable toxicity information referred to in subsection 100(1). (information sur la toxicité)
- year
year means a period of 12 consecutive months beginning on the day on which section 89 comes into force or any subsequent anniversary of that day. (année)
General Provisions
Electronic files
82 (1) A manufacturer must obtain from the Minister, in the form of electronic files, the labelling elements and the attribution of the labelling elements, as set out in the source document, and display the labelling elements on tobacco products, packages or leaflets.
Source document
(2) Subject to the other provisions of this Part, a manufacturer must display labelling elements on tobacco products, packages and leaflets in the same manner as they are presented in the source document published in print form.
Attribution
83 (1) If a manufacturer attributes a labelling element contained in an electronic file, they must do so by displaying the phrase “Health Canada” with the English version of the labelling element and the phrase “Santé Canada” with the French version of the labelling element.
Source document
(2) Subject to the other provisions of this Part, a manufacturer must display the attribution of a labelling element on tobacco products, packages and leaflets in the same manner as it is presented in the source document published in print form.
Legibility and official languages
84 The text of labelling elements and attributions that are displayed on a tobacco product, package or leaflet must be legible and displayed in both official languages in the same manner.
Permanence
85 Labelling elements that are displayed on a tobacco product, package or leaflet must be irremovable.
Printing
86 Labelling elements and attributions that are displayed on a tobacco product, package or leaflet must be printed
(a) with the greatest clarity possible taking into consideration the printing method used; and
(b) in colours that are as close as possible to the colours in which the labelling element and attribution are set out in the source document published in print form.
Labelling on Packages — Required Information
Health Warnings
Requirement — primary package and secondary package
87 (1) Every primary package and every secondary package that contains a tobacco product, other than papers and filters intended for use with a tobacco product, must display a health warning that consists of three or more of the following components:
(a) an image;
(b) a warning header;
(c) the explanatory text of the warning or related information; and
(d) a message about tobacco cessation and the pan-Canadian toll-free telephone number and Government of Canada web address relating to tobacco cessation.
Requirement — overwrap
(2) Every overwrap in which two or more cigars are placed must also display a health warning that consists of three or more of the components referred to in subsection (1).
Source document
88 (1) The health warnings that are required for a tobacco product and must be displayed on packages are the health warnings set out for that type of product in the following Sections of the source document:
(a) in the case of cigarettes, Section A;
(b) in the case of little cigars, Section B;
(c) in the case of cigarette tobacco and tubes, Section C;
(d) in the case of cigars, Section D;
(e) in the case of pipe tobacco, Section E;
(f) in the case of chewing tobacco and snuff, Section F;
(g) Section G, in the case of
(i) tobacco products that are made in whole or in part of tobacco and intended for use with devices that are necessary for the use of those tobacco products,
(ii) devices referred to in subparagraph (i), and
(iii) parts that may be used with those devices;
(h) in the case of water pipe tobacco, Section H; and
(i) in the case of other tobacco products that are made in whole or in part of tobacco, Section I.
Health warnings — rotation
(2) The health warnings that are set out in the source document for each type of tobacco product must be used in rotation, beginning on the day on which these Regulations come into force, with each of the rotations set out in the source document being applicable during the following periods:
(a) in the case of cigarettes, little cigars, cigarette tobacco and tubes, 24 months; and
(b) in the case of any other type of tobacco product, 36 months.
First rotation
(3) Despite paragraph (2)(a), in the case of cigarettes, little cigars, cigarette tobacco and tubes, the first rotation of health warnings applies during the period that begins on the day on which these Regulations come into force and ends on July 31, 2026.
Rotation — transition
(4) The health warnings set out in a rotation in the source document may be used during the period of 90 days before the day on which that rotation applies in accordance with subsection (2).
Retail sale continued
(5) Despite paragraph (2)(b), if a new rotation of health warnings becomes applicable in respect of a type of tobacco product referred to in that paragraph that is sold, by a retailer, in a package that displays a health warning of the preceding rotation, the preceding rotation continues to apply.
Equal use
89 Every manufacturer must, to the extent possible, use each health warning set out in each applicable rotation of health warnings in the source document in respect of an equal number of each type of package of each brand name of tobacco products that they package in a year.
Placement — display area
90 (1) A health warning must be displayed on the following display areas:
(a) in the case of a primary package that has a rectangular cuboid shape when it is closed,
(i) the exterior surface of the front and back of the primary package, or
(ii) the exterior surface of the top of the primary package, if the total surface area of the exterior surface of the front and back is less than or equal to the surface area of the exterior surface of the top;
(b) in the case of a cylindrical primary package that contains cigarette tobacco, each portion of the surface area of the package that
(i) forms the exterior curved surface, around the circumference of the primary package, and makes up the exterior surface of the front or back of the package,
(ii) extends from the top edge to the bottom edge, and
(iii) forms a rectangle when projected on a flat plane;
(c) in the case of a cylindrical primary package that is a cigar tube, the exterior curved surface of the cigar tube;
(d) in the case of any other cylindrical primary package, the exterior surface of the top of the package;
(e) in the case of a primary package that is a pouch or soft package, the exterior surface of the front of the package;
(f) in the case of any other primary package,
(i) the exterior surface of the front and back of the primary package, or
(ii) the exterior surface of the top of the primary package, if the total surface area of the exterior surface of the front and back is less than or equal to the surface area of the exterior surface of the top;
(g) in the case of a secondary package that is a carton, the exterior surface of the front, back, top and bottom of the carton; and
(h) in the case of an overwrap, the exterior surface of the front of the overwrap.
Space occupied
(2) The health warning and any attribution of the health warning must occupy at least the following portions of the display area of a package:
(a) in the case of a primary package that contains cigarettes, little cigars or cigarette tobacco, 75% of the display area;
(b) in the case of a primary package that contains cigars, other than a cigar tube, or a primary package that contains pipe tobacco, chewing tobacco or snuff, the greater of
(i) 75% of the display area, and
(ii) an area of 4 000 mm2;
(c) in the case of a primary package that is a cigar tube, the portion that constitutes 50% of the display area around the circumference of the cigar tube and 95% of the length of the display area, measured from the edge of the lid of the cigar tube;
(d) in the case of a primary package that contains any other tobacco product, the greater of
(i) 75% of the display area, and
(ii) an area of 2 500 mm2;
(e) in the case of a secondary package that is a carton, 75% of the display area; and
(f) in the case of an overwrap,
(i) an area of 4 500 mm2, if the display area is no more than 9 000 mm2 in size,
(ii) an area of 6 800 mm2, if the display area is more than 9 000 mm2 and no more than more than 12 000 mm2 in size,
(iii) an area of 9 000 mm2, if the display area is more than 12 000 mm2 and no more than more than 18 000 mm2 in size,
(iv) an area of 13 500 mm2, if the display area is more than 18 000 mm2 and no more than more than 27 000 mm2 in size, and
(v) the greater of 50% of the display area and an area of 20 250 mm2, if the display area is more than 27 000 mm2 in size.
Manner of display — official languages
91 (1) Health warnings must be displayed on packages in both official languages in such a manner that
(a) in the case of a health warning that must be displayed on two display areas of a primary package, the English version is on one display area and the French version is on the other;
(b) in the case of a health warning that must be displayed on one display area of a primary package, the English and French versions are side by side;
(c) in the case of two health warnings that must be displayed on four display areas of a secondary package that is a carton, the two health warnings are displayed as follows:
(i) the English version of one health warning is on the display area on the front or back of the carton and the French version is on the display area on the front or back that remains unoccupied by the English version, and
(ii) the English version of the other health warning is on the display area on one side of the carton and the French version is on the display area on the other side; and
(d) in the case of a health warning that must be displayed on one display area of an overwrap, the English and French versions are side by side.
Alignment
(2) The health warnings must be positioned parallel to and as close as possible to the top edge of the package or to the hinge opening, depending on the type of package.
Specific requirement — cigar tube
(3) Despite subsection (2), in the case of a cigar tube, the health warning must be positioned perpendicular to the edge of the lid of the cigar tube.
Format
(4) The health warnings must be displayed on packages in one of the following formats:
(a) if the height-to-width ratio of the portion of a display area on which a health warning must be displayed is less than 1, the “Landscape” format;
(b) if that ratio is more than 1, the “Portrait” format;
(c) if that ratio is equal to 1, the “Square” format.
Health Information Messages
Requirement — package
92 (1) Every primary package that contains cigarettes or cigarette tobacco must display a health information message that consists of the following components:
(a) an image;
(b) the explanatory text of the message or related information; and
(c) the pan-Canadian toll-free telephone number and Government of Canada web address relating to tobacco cessation.
Small primary package — cigarette tobacco
(2) However, in the case of small primary package that contains cigarette tobacco and whose dimensions do not allow the health information message to be displayed on the package, on the applicable display area described in paragraph 96(1)(b) or (c), the health information message must be displayed on a leaflet that is at least 80 mm by 53 mm in size and is inserted in the package.
Little cigars
93 A health information message consisting of the components referred to in subsection 92(1) must be displayed on a leaflet that is at least 65 mm by 43 mm in size and is inserted in every primary package that contains little cigars.
Source document
94 (1) The health information messages that are required for a tobacco product are the health information messages set out for that type of tobacco product in the following Sections of the source document:
(a) in the case of cigarettes, Section A;
(b) in the case of little cigars, Section B; and
(c) in the case of cigarette tobacco, Section C.
Health information messages — rotation
(2) The health information messages that are set out in the source document for each type of tobacco product referred to in subsection (1) must be used in rotation, beginning on the day on which these Regulations come into force, with each of the rotations set out in the source document being applicable during a period of 24 months.
First rotation
(3) Despite subsection (2), the first rotation of health information messages applies during the period that begins on the day on which these Regulations come into force and ends on July 31, 2026.
Rotation — transition
(4) The health information messages set out in a rotation in the source document may be used during the period of 90 days before the day on which that rotation applies in accordance with subsection (2).
Equal use
95 Every manufacturer must, to the extent possible, use each health information message set out in each applicable rotation of health information messages in the source document in respect of an equal number of each type of primary package of each brand name of cigarettes, little cigars and cigarette tobacco that they package in a year.
Placement — display area
96 (1) A health information message must be displayed on a primary package on the following display areas:
(a) in the case of a slide and shell package that contains cigarettes, the exterior surface of the upper slide-flap that is visible when the slide and shell package is used in the customary manner to gain access to the cigarettes;
(b) in the case of a cylindrical primary package that contains cigarette tobacco,
(i) any portion of the exterior curved surface that remains unoccupied by a health warning,
(ii) a removable leaflet that is placed on the interior surface of the lid of the primary package and is in the form of a disc that has a cut-out in its centre, or
(iii) the freshness seal of the primary package;
(c) in the case of a primary package that has a rectangular cuboid shape when it is closed and that contains cigarette tobacco, any exterior surface that remains unoccupied by a health warning, other than the exterior surface of the bottom;
(d) in the case of a primary package that contains cigarette tobacco and that is a pouch or a soft package with a closure that is a longitudinal flap, the interior surface of the flap; and
(e) in the case of any other primary package that contains cigarette tobacco, the largest exterior surface of the package that remains unoccupied by a health warning.
Removable leaflet — extension
(2) A portion of the surface of the removable leaflet referred to in subparagraph (1)(b)(ii) may extend beyond the edge of the disc if the extended surface displays the phrases set out in subsection 97(2).
Space occupied
(3) The health information message and any attribution of the health information message must occupy the following portions of the display area:
(a) in the case of a slide and shell package that contains cigarettes, the entire exterior surface of the upper slide-flap that is visible when the slide and shell package is used in the customary manner to gain access to the cigarettes;
(b) in the case of a cylindrical primary package that contains cigarette tobacco,
(i) for the exterior curved surface, an area of at least 4 240 mm2,
(ii) for a removable leaflet referred to in subparagraph (1)(b)(ii), an area of at least 5 650 mm2, and
(iii) for the freshness seal referred to in subparagraph (1)(b)(iii), an area of at least 7 850 mm2; and
(c) in the case of any other primary package that contains cigarette tobacco, an area of at least 4 240 mm2.
Manner of display — official languages
97 (1) Health information messages must be displayed on primary packages in both official languages in such a manner that
(a) in the case of a display area other than a removable leaflet referred to in subparagraph 96(1)(b)(ii), the English and French versions are side by side; and
(b) in the case of a removable leaflet referred to in subparagraph 96(1)(b)(ii), the English version is displayed on one side and the French version on the other.
Removable leaflet — extension
(2) The extended surface of the removable leaflet referred to in subparagraph 96(1)(b)(ii) may display the phrase “FRANÇAIS AU VERSO” in the English version and the phrase “ENGLISH ON OTHER SIDE” in the French version, printed in a regular weight and width Lucida Sans Serif font style, in characters of 9 points, in black upper case letters, without italics and in bold type.
Alignment
(3) A health information message that is displayed on the display area of a primary package that contains cigarette tobacco must be
(a) in the case of a display area on a pouch or soft package, centered in the display area and positioned parallel and as close as possible to the top edge of the longitudinal flap; and
(b) in the case of a display area other than one referred to in paragraph (a) or subparagraph 96(1)(b)(ii) or (iii), centered in the display area and positioned parallel and as close as possible to the top edge of the primary package.
Alignment with health warning
(4) If a health information message is displayed on a display area of a primary package on which a health warning is also displayed, the health information message must be oriented parallel to and in the same direction as the health warning.
Format
(5) The health information message must be displayed on the primary package, including on a removable leaflet referred to in subparagraph 96(1)(b)(ii) or on the freshness seal referred to in subparagraph 96(1)(b)(iii), in “Landscape” format.
Manner of display — subsection 92(2) and section 93
98 (1) A health information message, and any attribution of the health information message, that is displayed on a leaflet that is referred to in subsection 92(2) or section 93 and inserted in a primary package that contains cigarette tobacco or little cigars must be displayed on a display area that occupies the entire surface area of the leaflet.
Official languages
(2) The English version of a health information message must be displayed on one side of the leaflet and the French version on the other.
Format
(3) The health information message must be displayed in “Portrait” format on the leaflet .
Toxicity Information
Requirement — primary package and secondary package
99 (1) Every primary package and secondary package that contains a tobacco product, other than papers and filters intended for use with a tobacco product, must display toxicity information that consists of the following components:
(a) a toxicity information header; and
(b) explanatory text related to toxicity.
Requirement — overwrap
(2) Every overwrap in which two or more cigars are placed must also display toxicity information that consists of the components referred to in subsection (1).
Source document
100 (1) The toxicity information that is required for a tobacco product is the toxicity information set out for that type of tobacco product in the following Sections of the source document:
(a) in the case of cigarettes, Section A;
(b) in the case of little cigars, Section B;
(c) in the case of cigarette tobacco and tubes, Section C;
(d) in the case of cigars, Section D;
(e) in the case of pipe tobacco, Section E;
(f) in the case of chewing tobacco and snuff, Section F;
(g) Section G, in the case of
(i) tobacco products that are made in whole or in part of tobacco and intended for use with devices that are necessary for the use of those tobacco products,
(ii) devices referred to in subparagraph (i), and
(iii) parts that may be used with those devices;
(h) in the case of water pipe tobacco, Section H; and
(i) in the case of other tobacco products made in whole or in part of tobacco, Section I.
Toxicity information — rotation
(2) The labelling elements related to toxicity information that are set out in the source document for each type of tobacco product must be used in rotation, beginning on the day on which these Regulations come into force, with each of the rotations set out in the source document being applicable during the following periods:
(a) in the case of cigarettes, little cigars, cigarette tobacco and tubes, 24 months; and
(b) in the case of any other tobacco product, 36 months.
First rotation
(3) Despite paragraph (2)(a), in the case of cigarettes, little cigars, cigarette tobacco and tubes, the first rotation of labelling elements related to toxicity information applies during the period that begins on the day on which these Regulations come into force and ends on July 31, 2026.
Rotation — transition
(4) The labelling elements related to toxicity information that are set out in a rotation in the source document may be used during the period of 90 days before the day on which that rotation applies in accordance with subsection (2).
Retail sale continued
(5) Despite paragraph (2)(b), if a new rotation of labelling elements related to toxicity information becomes applicable in respect of a type of tobacco product referred to in that paragraph that is sold, by a retailer, in a package that displays a labelling element related to toxicity information of the preceding rotation, the preceding rotation continues to apply.
Equal use
101 Every manufacturer must, to the extent possible, use each labelling element related to toxicity information that is set out in each applicable rotation in the source document in respect of an equal number of each type of package of each brand name of tobacco products that they package in a year.
Placement — display area
102 (1) Toxicity information must be displayed on the following display areas:
(a) in the case of a primary package that has a rectangular cuboid shape when it is closed,
(i) for a slide and shell package that contains cigarettes, the exterior surface of one of its sides, and
(ii) for any other primary package, one of the largest exterior surfaces of the package that remains unoccupied by a health warning or health information message, other than the exterior surface of the bottom;
(b) in the case of a cylindrical primary package that contains cigarette tobacco or that is a cigar tube, any portion of the exterior surface that remains unoccupied by a health warning or health information message, other than the exterior surface of the bottom;
(c) in the case of any other cylindrical primary package, any portion of the exterior surface that remains unoccupied by a health warning or health information message;
(d) in the case of a primary package that is a three-sided pouch or three-sided soft package, any exterior surface of the package that remains unoccupied by a health warning or health information message, other than the exterior surface of the bottom;
(e) in the case of any other primary package, any exterior surface of the package that remains unoccupied by a health warning or health information message;
(f) in the case of a secondary package that is a carton, the exterior surface of one of its sides; and
(g) in the case of an overwrap, any exterior surface of the overwrap that remains unoccupied by a health warning, other than the exterior surface of the bottom.
Space occupied
(2) The toxicity information and any attribution of the toxicity information must occupy the following portions of the display area of a package:
(a) in the case of a slide and shell package that contains cigarettes, the entire exterior surface of one of its sides;
(b) in the case of a primary package that is a cigar tube, the portion that constitutes 25% of the display area around the circumference of the cigar tube and 95% of the length of the display area, measured from the edge of the lid of the cigar tube;
(c) in the case of any other primary package that contains a tobacco product,
(i) if the display area is less than 1 000 mm2 in size, the entire display area, and
(ii) if the display area is 1 000 mm2 or more in size, at least the greater of 30% of the display area and 1 000 mm2;
(d) in the case of a secondary package that is a carton, at least 50% of the display area; and
(e) in the case of an overwrap,
(i) if the display area is less than 10 000 mm2 in size, an area of at least 1 800 mm2, and
(ii) if the display area is 10 000 mm2 or more in size, an area of at least 3 000 mm2.
Exception — large display area
(3) The portion of the display area that the toxicity information occupies need not exceed 3 000 mm2, except in the case of a secondary package that is a carton.
Manner of display — official languages
103 (1) Toxicity information must be displayed on packages in both official languages in such a manner that the English and French versions are side by side.
Format
(2) The toxicity information must be displayed on the package in “Landscape” format.
Format — cigar tubes
(3) However, in the case of a cigar tube, the toxicity information must be displayed in “Elongated Landscape” format.
Kits
Definition of kit
104 In sections 105 to 109, kit means a package in which two or more of the following types of tobacco products are placed, if at least two of those types of tobacco products are intended to be assembled together by a consumer for their use:
(a) cigarettes;
(b) little cigars;
(c) cigarette tobacco;
(d) leaf tobacco;
(e) cigars;
(f) pipe tobacco;
(g) tobacco sticks;
(h) chewing tobacco;
(i) snuff;
(j) blunt wraps;
(k) tobacco products that are made in whole or in part of tobacco and intended for use with devices that are necessary for the use of those tobacco products;
(l) devices referred to in paragraph (k);
(m) parts that may be used with those devices;
(n) tubes;
(o) any papers or filters intended for use with another tobacco product referred to in any of paragraphs (a) to (m) and (p), if that tobacco product is also placed in the package; and
(p) any other tobacco product.
Requirement
105 (1) Every kit must display a health warning described in section 87 and the toxicity information described in section 99.
One type of tobacco product
(2) A kit that contains papers or filters as well as only one type of tobacco product referred to in any one of paragraphs 104(a) to (m) and (p) must display the health warning and the toxicity information required for that one type of tobacco product under sections 88 and 100, as applicable.
Two or more types
(3) A kit that contains two or more types of tobacco products referred to in any of paragraphs 104(a) to (n) and (p) must display the health warning and the toxicity information required under sections 88 and 100, as applicable,
(a) for the type of tobacco product, among any cigarettes, little cigars, cigarette tobacco or tubes that the kit contains, whose health warning occupies the largest portion of the display area in accordance with section 90;
(b) for the type of tobacco product, among any cigars, pipe tobacco or chewing tobacco that the kit contains, whose health warning occupies the largest portion of the display area in accordance with section 90, if the kit does not contain any of the types of tobacco products referred to in paragraph (a); and
(c) for the type of tobacco product, among any other types of tobacco products that the kit contains, with the exception of papers and filters, whose health warning occupies the largest portion of the display area in accordance with section 90, if the kit does not contain any of the types of tobacco products referred to in paragraph (a) or (b).
Portion of display area having same size
(4) In respect of the display areas for two or more types of tobacco products contained in a kit, if the largest portion referred to in subsection (3) is the same size for at least two types of tobacco products among those referred to in any one of paragraphs 3(a), (b) and (c), the kit must display the health warning and toxicity information required under sections 88 and 100, as applicable, for the type of tobacco product whose health warnings are set out in the Section of the source document that appears first in the source document.
Health Warning
Display area
106 (1) A health warning must be displayed on the following display areas on a kit:
(a) the exterior surface of the front and back of the kit; or
(b) the exterior surface of the top of the kit, if the total exterior surface area of the front and back of the kit is less than or equal to the exterior surface area of the top.
Space occupied
(2) The health warning and any attribution of the health warning must occupy at least 75% of the display area.
Manner of display — official languages
107 (1) A health warning must be displayed on a kit in both official languages in such a manner that
(a) in the case of a health warning that must be displayed on two display areas of a kit, the English version is on one display area and the French version is on the other; and
(b) in the case of a health warning that must be displayed on one display area of a kit, the English and French versions are side by side.
Format
(2) The health warning must be displayed on the kit in “Landscape” format.
Toxicity Information
Display area
108 (1) Toxicity information must be displayed on a display area that is one of the exterior surfaces of the kit that remains unoccupied by a health warning.
Space occupied
(2) The toxicity information and any attribution of the toxicity information must occupy at least 50% of the display area.
Manner of display — official languages
109 (1) Toxicity information must be displayed on kits in both official languages in such a manner that the English and French texts are side by side.
Format
(2) The toxicity information must be displayed on kits in “Landscape” format.
Technical Specifications — Manner of Display
Labelling on package — integrity
110 (1) The customary method of opening a package containing a tobacco product must not sever or otherwise damage a labelling element or render it illegible.
Severed package
(2) However, a labelling element may be severed and two lines of text within the labelling element may be separated when the package is opened by the customary method if
(a) the integrity of the labelling element is restored when the package is closed; and
(b) no letter, numeral or other character that is part of the labelling element is severed.
Non-application
(3) This section does not apply to a package that is ordinarily torn during or discarded after opening.
Visibility
111 (1) A labelling element, component of a labelling element or attribution of a labelling element must not be obscured, except partially by a tear tape required under provincial legislation.
Coverage
(2) A labelling element, component of a labelling element or attribution of a labelling element must not be concealed, except partially by a tobacco excise stamp and on the following conditions:
(a) the labelling element is concealed to the least extent possible and to a maximum surface area of 180 mm²; and
(b) the labelling element or attribution is adapted in accordance with section 115 in such a manner that none of the components of the labelling element nor the attribution is entirely concealed by the tobacco excise stamp.
Tax stamp
112 A labelling element or attribution of a labelling element must not conceal or obscure a tobacco excise stamp that is affixed to the package in the manner prescribed by the Stamping and Marking of Tobacco, Cannabis and Vaping Products Regulations.
Orientation of text
113 The text of a health warning or health information message must be oriented in such a manner that it is readable from left to right when a package is used in the customary manner to gain access to the tobacco product.
Leaflet — visibility and readability
114 A leaflet on which a labelling element is displayed must be
(a) readily visible when the package is used in the customary manner to gain access to the tobacco product;
(b) easily removable from the package; and
(c) placed in the package in a manner that would make the text of the labelling element, or some portion of the text, readable without further manipulation.
Adaptation
115 Despite sections 82 and 83, if a labelling element or attribution of a labelling element does not fit the portion of the display area on a package, or the surface area on a leaflet, that it must occupy, the labelling element or attribution must be adapted as follows:
(a) the components referred to in subsections 87(1), 92(1) and 99(1) must, to the extent possible, maintain the scale of the components in the source document;
(b) the attribution must, to the extent possible, maintain the scale of the attribution in the source document;
(c) the positions of the components and attribution must, to the extent possible, be maintained relative to each other;
(d) the integrity of the labelling element must be maintained;
(e) the explanatory text and related information of a component may be displaced solely to meet the requirements of subsections 110(1) and 111(1); and
(f) the number of lines of text may be adapted solely to avoid distortion of a component or attribution.
Finish — health warning
116 (1) For greater certainty, the text of a health warning or attribution of a health warning that is displayed on a package must have a glossy finish.
Finish — pouch or soft package
(2) In the case of a primary package that is a pouch or soft package and whose interior and exterior surfaces include a transparent film, the text of a health warning or an attribution of a health warning must have a matte or glossy finish.
Health information message and toxicity information
(3) The text of a health information message, the toxicity information or an attribution of those labelling elements that is displayed on a package or leaflet must have a matte or glossy finish.
Labelling on Tobacco Products — Required Information
Requirement — tobacco products
117 (1) A health warning that consists of the explanatory text of the warning or of a warning pictogram or of both the explanatory text and a warning pictogram must be displayed directly on cigarettes, little cigars and tubes.
Exception — little cigars without tipping paper
(2) Subsection (1) does not apply to little cigars that do not have tipping paper.
Source document
118 (1) The health warnings that are required for a tobacco product and must be displayed directly on the product are the health warnings set out for that type of tobacco product in the following Sections of the source document:
(a) in the case of cigarettes, Section A;
(b) in the case of little cigars, Section B; and
(c) in the case of tubes, Section C.
Health warnings — rotation
(2) The health warnings that are set out in the source document for each type of tobacco product referred to in subsection (1) must be used in rotation, beginning on the day on which these Regulations come into force, with each of the rotations set out in the source document being applicable during a period of 24 months.
First rotation
(3) Despite subsection (2), the first rotation of health warnings applies during the period that begins on the day on which these Regulations come into force and ends on July 31, 2026.
Rotation — transition
(4) The health warnings set out in a rotation in the source document may be used during the period of 90 days before the day on which that rotation applies in accordance with subsection (2).
Equal use
119 Every manufacturer must, to the extent possible, use each health warning set out in each applicable rotation of health warnings in the source document in respect of an equal number of each size of each brand name of cigarettes, little cigars and tubes that they package in a year.
Placement — display area
120 (1) A health warning that is displayed on a cigarette, little cigar or tube must be displayed on a display area that consists of the surface of the tobacco product’s tipping paper.
Exception — cigarette without tipping paper
(2) However, in the case of a cigarette that does not have tipping paper, the health warning must be displayed on a display area that consists of the surface of the paper that covers the rolled tobacco.
Display area — length
(3) The display area must be at least 24 mm in length,
(a) measured, in the case of a cigarette, little cigar or tube, from the end of the cigarette, little cigar or tube that is not designed to be lit; or
(b) measured, in the case of a cigarette referred to in subsection (2), from one of the ends of the cigarette.
Space occupied
(4) The health warning and any attribution of the health warning must occupy the entire length of the display area and at least 80% of the display area around the circumference of the cigarette, little cigar or tube.
Manner of display — official languages
121 (1) The health warning must be displayed on cigarettes, little cigars or tubes in both official languages in such a manner that
(a) the English and French versions each occupy at most 40% of the display area; and
(b) one version is below the other.
Alignment
(2) The health warning must be centered horizontally along the length of the display area of the cigarette, little cigar or tube.
Text
(3) The text of the health warning must be printed on two white backgrounds, with the English version on one and the French version on the other.
Format
(4) The health warning must be displayed on the cigarette, little cigar or tube in “Landscape” format.
Format — length of tipping paper
(5) However, if the tipping paper of the cigarette, little cigar or tube is 30 mm or more in length, the health warning must be displayed in “Elongated Landscape” format.
Subsection 5.3(3) of the Act
122 For the purposes of subsection 5.3(3) of the Act, all colouring agents used to display a health warning or an attribution on a cigarette, little cigar or tube are prescribed additives.
Visibility
123 (1) The entire text of each of the English and French versions of a health warning must be visible under normal conditions of use of a cigarette, little cigar or tube without turning the tobacco product.
Alphanumeric code
(2) The health warning and any attribution of the health warning must be positioned in such a manner that they do not obscure or conceal the alphanumeric code referred to in subsection 63(1), if any.
— SOR/2023-97, s. 30
30 The French version of the Regulations is amended by replacing “renseignement” and “renseignements” with “information” and “informations”, respectively, with any necessary modifications, in the following provisions:
(a) section 9;
(b) subsection 17(2);
(c) paragraph 22(5)(b);
(d) paragraph 23(c);
(e) the portion of section 25 before paragraph (a);
(f) the heading “Renseignements” before section 27;
(g) the heading before section 32 and subsection 32(2);
(h) subsection 34(2);
(i) subsection 55(2); and
(j) subsection 64(2).
— SOR/2023-97, s. 31
31 (1) The following definitions apply in this section and sections 32 to 36.
- former Regulations
former Regulations means
(a) in respect of the following tobacco products, the Tobacco Products Labelling Regulations (Cigarettes and Little Cigars) as they read immediately before the day on which these Regulations come into force:
(i) cigarettes, and
(ii) little cigars; and
(b) in respect of the following tobacco products, the Tobacco Products Information Regulations as they read immediately before the day on which these Regulations come into force:
(i) cigarette tobacco,
(ii) leaf tobacco,
(iii) cigars,
(iv) pipe tobacco,
(v) tobacco sticks,
(vi) chewing tobacco,
(vii) snuff,
(viii) kreteks, and
(ix) bidis. (règlement antérieur)
- new Regulations
new Regulations means the Tobacco Products Appearance, Packaging and Labelling Regulations as they read on the day on which these Regulations come into force. (nouveau règlement)
(2) All other words and expressions used in this section and sections 32 to 36 have the same meaning as in the new Regulations.
— SOR/2023-97, s. 32
32 (1) If a package of a tobacco product or any leaflet provided with the tobacco product displays information in accordance with the former Regulations and that product is sold or distributed by a manufacturer, the former Regulations continue to apply to the package or the leaflet until January 31, 2024.
(2) If a package of a tobacco product or any leaflet provided with the tobacco product displays information in accordance with the former Regulations and that product is sold by a retailer, the former Regulations continue to apply to the package or the leaflet until April 30, 2024.
— SOR/2023-97, s. 33
33 (1) A manufacturer may sell or distribute, until January 31, 2024, a tobacco product in respect of which the former Regulations do not apply and whose package, or any leaflet provided with the tobacco product, does not display information in accordance with Part 3 of the new Regulations.
(2) A retailer may sell, until April 30, 2024, a tobacco product in respect of which the former Regulations do not apply and whose package, or any leaflet provided with the tobacco product, does not display information in accordance with Part 3 of the new Regulations.
— SOR/2023-97, s. 34
34 (1) A manufacturer may sell or distribute, until July 31, 2026, cigarettes in a slide and shell package that does not meet the requirements of section 42.1 of the new Regulations, if the health information message referred to in paragraph 94(1)(a) of the new Regulations is displayed on both the display area referred to in paragraph 96(1)(a) of the new Regulations and the exterior surface of the slide.
(2) A retailer may sell, until October 31, 2026, cigarettes in a slide and shell package that does not meet the requirements of section 42.1 of the new Regulations, if the health information message referred to in paragraph 94(1)(a) of the new Regulations is displayed on both the display area referred to in paragraph 96(1)(a) of the new Regulations and the exterior surface of the slide.
— SOR/2023-97, s. 35
35 (1) A manufacturer may continue to sell or distribute, until April 30, 2024, king size cigarettes that do not meet the requirements of Part 3 of the new Regulations.
(2) A retailer may continue to sell, until July 31, 2024, king size cigarettes that do not meet the requirements of Part 3 of the new Regulations.
— SOR/2023-97, s. 36
36 (1) A manufacturer may continue to sell or distribute, until January 31, 2025, regular size cigarettes, little cigars and tubes that do not meet the requirements of Part 3 of the new Regulations.
(2) A retailer may continue to sell, until April 30, 2025, regular size cigarettes, little cigars and tubes that do not meet the requirements of Part 3 of the new Regulations.
- Date modified: