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

Marginal note:Adhesive band

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

• Marginal note:Non-compliant band

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

Specific Requirements — Other Tobacco Products

Marginal note:Tobacco products used with a device

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

• Marginal note:Tobacco products not rolled in paper

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

Marginal note:Ventilation holes

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

Marginal note:Devices

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

Marginal note:Marking on a device

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

• Marginal note:Exception — brand name

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

Marginal note:Filters

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

Marginal note:Tubes

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

Marginal note:Paper

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

• Marginal note:Ventilation holes

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

Marginal note:Bidis

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

PART 3Consequential Amendments, Transitional Provisions and Coming into Force

Consequential Amendments

Tobacco Products Information Regulations

81 [Amendments]

Tobacco Products Labelling Regulations (Cigarettes and Little Cigars)

82 [Amendments]

83 [Amendments]

84 [Amendments]

85 [Amendments]

86 [Amendments]

87 [Amendments]

88 [Amendments]

Transitional Provisions

Marginal note:Definition of transitional period

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

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

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

• Marginal note:Tobacco product or package

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

• Marginal note:Package or bag

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

Marginal note:Cigarette packages — edges

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

• Marginal note:Retailers

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

Coming into Force

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

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

• Marginal note:First anniversary

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

• Marginal note:Second anniversary

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

  • (a) sections 40 to 42; and

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

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