Tobacco Reporting Regulations
P.C. 2000-1040 2000-06-21
Whereas, pursuant to section 42.1 of the Tobacco ActFootnote a, the Minister of Health laid a copy of the proposed Tobacco Reporting Regulations, substantially in the annexed form, before the House of Commons on May 12, 2000 and the House of Commons concurred on June 8, 2000 in a report from the Standing Committee on Health approving the proposed Regulations;
Therefore, Her Excellency the Governor General in Council, on the recommendation of the Minister of Health, pursuant to sections 7 and 33 of the Tobacco ActFootnote a, hereby makes the annexed Tobacco Reporting Regulations.
Return to footnote aS.C. 1997, c. 13
1 The definitions in this section apply in these Regulations.
- accredited representative
accredited representative means a person who is entitled to the tax exemptions specified in Article 34 of the Convention set out in Schedule I to the Foreign Missions and International Organizations Act or Article 49 of the Convention set out in Schedule II to that Act. (représentant accrédité)
Act means the Tobacco and Vaping Products Act. (Loi)
brand means all of the brand elements that as a whole are used by a manufacturer to identify to a consumer a tobacco product made by the manufacturer. (marque)
- CAS registry number
CAS registry number means the identification number that is assigned to a chemical substance by the Chemical Abstracts Service Division of the American Chemical Society. (numéro d’enregistrement CAS)
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 that has a wrapper, or a wrapper and a binder, composed of natural or reconstituted tobacco. (cigare)
cigarette includes any roll or tubular construction that contains tobacco and is intended for smoking, other than a bidi, cigar, kretek or little cigar. (cigarette)
- civic address
civic address means
(a) for an address in Canada, the unit number, civic number, street name, municipality name, province name and postal code; and
(b) for an address outside Canada, the unit number, civic number, street name, municipality name, state or province name, postal or ZIP code and country name. (adresse municipale)
constituent means a constituent listed in column 1 of Schedule 1. (constituant)
- consumer tobacco product
consumer tobacco product means any of the following types of tobacco product that is for use by a consumer:
- designated tobacco product
designated tobacco product means either of the following types of consumer tobacco product:
- duty free shop
duty free shop has the same meaning as in subsection 2(1) of the Customs Act. (boutique hors taxes)
emission means, in the case of an emission contained in mainstream smoke, an emission listed in column 1 of Schedule 2 and, in the case of an emission contained in sidestream smoke, an emission listed in column 1 of Schedule 3. (émission)
- equivalent unit
equivalent unit[Repealed, SOR/2019-64, s. 1]
- identical products
identical products[Repealed, SOR/2019-64, s. 1]
ingredient[Repealed, SOR/2019-64, s. 1]
kit[Repealed, SOR/2019-64, s. 1]
- mainstream smoke
mainstream smoke means the smoke that is drawn through the port of a smoking machine when a tobacco product is placed in the machine and combusted. (fumée principale)
manufacturer does not include an individual or entity that only packages, only labels or only distributes tobacco products on behalf of a manufacturer. (fabricant)
- new brand
new brand means
(a) a brand of consumer tobacco product that a manufacturer sells in a year and that was not referred to in a report submitted under section 13 for any portion of the preceding year; and
(b) a brand of cigarette papers, tubes or filters that a manufacturer sells in a year and that was not referred to in a report submitted under section 11 for the preceding year.
It does not include any product that was mentioned under a different brand name in a report referred to in paragraph (a) or (b). (nouvelle marque)
- sidestream smoke
sidestream smoke means the smoke, other than mainstream smoke, that leaves a tobacco product when the product is placed in a smoking machine and combusted. (fumée latérale)
- smokeless tobacco
smokeless tobacco means chewing tobacco, nasal snuff and oral snuff. (tabac sans fumée)
- type of package
type of package includes each of the following types of packages as well as each of their sizes:
- type of tobacco
type of tobacco includes the types of tobacco leaves commonly known as
unit[Repealed, SOR/2019-64, s. 1]
year means a calendar year. (année)
- SOR/2005-179, s. 1
- 2018, c. 9, s. 77
- SOR/2019-64, s. 1
1.1 [Repealed, SOR/2019-64, s. 2]
2 Every provision of these Regulations that applies to a brand of tobacco product also applies to every size of product of that brand.
- SOR/2005-179, s. 3
- SOR/2019-64, s. 2
Marginal note:Content of reports
(2) In addition to the information required for each type of report set out in these Regulations, every report must set out the following information:
(a) the name of the manufacturer on whose behalf the report is submitted, as well as the telephone number, email address and civic address of its principal place of business in Canada;
(b) the name, telephone number and email address of the individual who prepared the report and, if that individual works for an entity other than a manufacturer on whose behalf the report is submitted, the name of the entity, as well as the telephone number, email address and civic address of its principal place of business;
(c) the date of the report;
(d) the period covered by the report; and
(e) the section of these Regulations under which the report is made.
(3) The individual who prepared the report must attach to the report an attestation that states that the information in the report is true and complete to the best of their knowledge and belief and is provided in good faith.
Marginal note:Brand name
(4) The manufacturer must use a unique brand name to identify each consumer tobacco product in a report submitted under section 13 and must use it in a uniform manner in all other reports submitted in respect of the same consumer tobacco product.
Marginal note:Change to brand name
(5) However, a manufacturer may change the brand name used to identify a consumer tobacco product in a report by submitting a report under section 13 that identifies the brand name that was previously used, as well as the changed brand name.
Marginal note:Exception — export
(6) The reports referred to in sections 10 to 12, 14, 15 and 17 to 24 are not required for consumer tobacco products that are manufactured solely for export.
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