Tobacco Products Regulations (Plain and Standardized Appearance) (SOR/2019-107)

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.