Tobacco Products Appearance, Packaging and Labelling Regulations (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 in which two or more primary packages containing the same type of tobacco product are placed. (cartouche)

  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)

  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)

  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)

  manufacturer

  manufacturer does not include an individual or entity that only packages or distributes tobacco products on behalf of a manufacturer. (fabricant)

  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)

  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)

  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.

• (5) [Repealed, SOR/2023-97, s. 3]

Application

Marginal note: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.

• Marginal note: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.

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 tobacco product packages and on leaflets, 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.

Marginal note: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.

PART 1Appearance and Dimensions of Tobacco Product Packages

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 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.

• 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 (1) 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.

• (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.

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 primary package or secondary 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.