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

General Provisions

Marginal note:Electronic files

• 82 (1) A manufacturer must obtain from the Minister, in the form of electronic files, the labelling elements and the attribution of the labelling elements, as set out in the source document, and display the labelling elements on tobacco products, packages or leaflets.

• Marginal note:Source document

  (2) Subject to the other provisions of this Part, a manufacturer must display labelling elements on tobacco products, packages and leaflets in the same manner as they are presented in the source document published in print form.

Marginal note:Attribution

• 83 (1) If a manufacturer attributes a labelling element contained in an electronic file, they must do so by displaying the phrase “Health Canada” with the English version of the labelling element and the phrase “Santé Canada” with the French version of the labelling element.

• Marginal note:Source document

  (2) Subject to the other provisions of this Part, a manufacturer must display the attribution of a labelling element on tobacco products, packages and leaflets in the same manner as it is presented in the source document published in print form.

Marginal note:Legibility and official languages

84 The text of labelling elements and attributions that are displayed on a tobacco product, package or leaflet must be legible and displayed in both official languages in the same manner.

Marginal note:Permanence

85 Labelling elements that are displayed on a tobacco product, package or leaflet must be irremovable.

Marginal note:Printing

86 Labelling elements and attributions that are displayed on a tobacco product, package or leaflet must be printed

• (a) with the greatest clarity possible taking into consideration the printing method used; and

• (b) in colours that are as close as possible to the colours in which the labelling element and attribution are set out in the source document published in print form.

Labelling on Packages — Required Information

Health Warnings

Marginal note:Requirement — primary package and secondary package

• 87 (1) Every primary package and every secondary package that contains a tobacco product, other than papers and filters intended for use with a tobacco product, must display a health warning that consists of three or more of the following components:

  • (a) an image;

  • (b) a warning header;

  • (c) the explanatory text of the warning or related information; and

  • (d) a message about tobacco cessation and the pan-Canadian toll-free telephone number and Government of Canada web address relating to tobacco cessation.

• Marginal note:Requirement — overwrap

  (2) Every overwrap in which two or more cigars are placed must also display a health warning that consists of three or more of the components referred to in subsection (1).

Marginal note:Source document

• 88 (1) The health warnings that are required for a tobacco product and must be displayed on packages are the health warnings set out for that type of product in the following Sections of the source document:

  • (a) in the case of cigarettes, Section A;

  • (b) in the case of little cigars, Section B;

  • (c) in the case of cigarette tobacco and tubes, Section C;

  • (d) in the case of cigars, Section D;

  • (e) in the case of pipe tobacco, Section E;

  • (f) in the case of chewing tobacco and snuff, Section F;

  • (g) Section G, in the case of

    • (i) tobacco products that are made in whole or in part of tobacco and intended for use with devices that are necessary for the use of those tobacco products,

    • (ii) devices referred to in subparagraph (i), and

    • (iii) parts that may be used with those devices;

  • (h) in the case of water pipe tobacco, Section H; and

  • (i) in the case of other tobacco products that are made in whole or in part of tobacco, Section I.

• Marginal note:Health warnings — rotation

  (2) The health warnings that are set out in the source document for each type of tobacco product must be used in rotation, beginning on the day on which these Regulations come into force, with each of the rotations set out in the source document being applicable during the following periods:

  • (a) in the case of cigarettes, little cigars, cigarette tobacco and tubes, 24 months; and

  • (b) in the case of any other type of tobacco product, 36 months.

• Marginal note:First rotation

  (3) Despite paragraph (2)(a), in the case of cigarettes, little cigars, cigarette tobacco and tubes, the first rotation of health warnings applies during the period that begins on the day on which these Regulations come into force and ends on July 31, 2026.

• Marginal note:Rotation — transition

  (4) The health warnings set out in a rotation in the source document may be used during the period of 90 days before the day on which that rotation applies in accordance with subsection (2).

• Marginal note:Retail sale continued

  (5) Despite paragraph (2)(b), if a new rotation of health warnings becomes applicable in respect of a type of tobacco product referred to in that paragraph that is sold, by a retailer, in a package that displays a health warning of the preceding rotation, the preceding rotation continues to apply.

Marginal note:Equal use

89 Every manufacturer must, to the extent possible, use each health warning set out in each applicable rotation of health warnings in the source document in respect of an equal number of each type of package of each brand name of tobacco products that they package in a year.

Marginal note:Placement — display area

• 90 (1) A health warning must be displayed on the following display areas:

  • (a) in the case of a primary package that has a rectangular cuboid shape when it is closed,

    • (i) the exterior surface of the front and back of the primary package, or

    • (ii) the exterior surface of the top of the primary package, if the total surface area of the exterior surface of the front and back is less than or equal to the surface area of the exterior surface of the top;

  • (b) in the case of a cylindrical primary package that contains cigarette tobacco, each portion of the surface area of the package that

    • (i) forms the exterior curved surface, around the circumference of the primary package, and makes up the exterior surface of the front or back of the package,

    • (ii) extends from the top edge to the bottom edge, and

    • (iii) forms a rectangle when projected on a flat plane;

  • (c) in the case of a cylindrical primary package that is a cigar tube, the exterior curved surface of the cigar tube;

  • (d) in the case of any other cylindrical primary package, the exterior surface of the top of the package;

  • (e) in the case of a primary package that is a pouch or soft package, the exterior surface of the front of the package;

  • (f) in the case of any other primary package,

    • (i) the exterior surface of the front and back of the primary package, or

    • (ii) the exterior surface of the top of the primary package, if the total surface area of the exterior surface of the front and back is less than or equal to the surface area of the exterior surface of the top;

  • (g) in the case of a secondary package that is a carton, the four largest exterior surfaces of the carton; and

  • (h) in the case of an overwrap, the exterior surface of the front of the overwrap.

• Marginal note:Space occupied

  (2) The health warning and any attribution of the health warning must occupy at least the following portions of the display area of a package:

  • (a) in the case of a primary package that contains cigarettes, little cigars or cigarette tobacco, 75% of the display area;

  • (b) in the case of a primary package that contains cigars, other than a cigar tube, or a primary package that contains pipe tobacco, chewing tobacco or snuff, the greater of

    • (i) 75% of the display area, and

    • (ii) an area of 4 000 mm²;

  • (c) in the case of a primary package that is a cigar tube, the portion that constitutes 50% of the display area around the circumference of the cigar tube and 95% of the length of the display area, measured from the edge of the lid of the cigar tube;

  • (d) in the case of a primary package that contains any other tobacco product, the greater of

    • (i) 75% of the display area, and

    • (ii) an area of 2 500 mm²;

  • (e) in the case of a secondary package that is a carton, 75% of the display area; and

  • (f) in the case of an overwrap,

    • (i) an area of 4 500 mm², if the display area is no more than 9 000 mm² in size,

    • (ii) an area of 6 800 mm², if the display area is more than 9 000 mm² and no more than more than 12 000 mm² in size,

    • (iii) an area of 9 000 mm², if the display area is more than 12 000 mm² and no more than more than 18 000 mm² in size,

    • (iv) an area of 13 500 mm², if the display area is more than 18 000 mm² and no more than more than 27 000 mm² in size, and

    • (v) the greater of 50% of the display area and an area of 20 250 mm², if the display area is more than 27 000 mm² in size.

Marginal note:Manner of display — official languages

• 91 (1) Health warnings must be displayed on packages in both official languages in such a manner that

  • (a) in the case of a health warning that must be displayed on two display areas of a primary package, the English version is on one display area and the French version is on the other;

  • (b) in the case of a health warning that must be displayed on one display area of a primary package, the English and French versions are side by side;

  • (c) in the case of two health warnings that must be displayed on four display areas of a secondary package that is a carton, the two health warnings are displayed as follows:

    • (i) the English version of one health warning is on the display area on the front or back of the carton and the French version is on the display area on the front or back that remains unoccupied by the English version, and

    • (ii) the English version of the other health warning is on one of the display areas of the carton that remains unoccupied by the health warning referred to in subparagraph (i) and the French version is on the other display area that remains unoccupied by the health warning referred to in that subparagraph; and

  • (d) in the case of a health warning that must be displayed on one display area of an overwrap, the English and French versions are side by side.

• Marginal note:Alignment

  (2) The health warnings must be positioned parallel to and as close as possible to the top edge of the package or to the hinge opening, depending on the type of package.

• Marginal note:Specific requirement — cigar tube

  (3) Despite subsection (2), in the case of a cigar tube, the health warning must be positioned perpendicular to the edge of the lid of the cigar tube.

• Marginal note:Format

  (4) The health warnings must be displayed on packages in one of the following formats:

  • (a) if the height-to-width ratio of the portion of a display area on which a health warning must be displayed is less than 1, the “Landscape” format;

  • (b) if that ratio is more than 1, the “Portrait” format;

  • (c) if that ratio is equal to 1, the “Square” format.

Health Information Messages

Marginal note:Requirement — package

• 92 (1) Every primary package that contains cigarettes or cigarette tobacco must display a health information message that consists of the following components:

  • (a) an image;

  • (b) the explanatory text of the message or related information; and

  • (c) the pan-Canadian toll-free telephone number and Government of Canada web address relating to tobacco cessation.

• Marginal note:Small primary package — cigarette tobacco

  (2) However, in the case of small primary package that contains cigarette tobacco and whose dimensions do not allow the health information message to be displayed on the package, on the applicable display area described in paragraph 96(1)(b) or (c), the health information message must be displayed on a leaflet that is at least 80 mm by 53 mm in size and is inserted in the package.

Marginal note:Little cigars

93 A health information message consisting of the components referred to in subsection 92(1) must be displayed on a leaflet that is at least 65 mm by 43 mm in size and is inserted in every primary package that contains little cigars.