Tobacco Products Appearance, Packaging and Labelling Regulations (SOR/2019-107)

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 described in subsection 15(1), printed in black or gray.

• Marginal note: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.

• Marginal note: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.

• Marginal note: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.

• Marginal note:Information — characteristics

  (5) The alphanumeric code must not convey any information relating to characteristics of the tobacco product or its emissions.

• Marginal note:Brand element

  (6) 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.

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 3Tobacco Product Labelling — Required Information

Definitions

Marginal note: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)