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

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.