Tobacco Reporting Regulations (SOR/2000-273)

Interpretation

Marginal note:Definitions

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

Act means the Tobacco and Vaping Products Act. (Loi)

brand

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

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

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

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:

• (a) bidis;

• (b) cigarettes;

• (c) cigarette tobacco;

• (d) cigars;

• (e) kreteks;

• (f) little cigars;

• (g) pipe tobacco;

• (h) smokeless tobacco. (produit du tabac pour consommation)

designated tobacco product

designated tobacco product means either of the following types of consumer tobacco product:

• (a) cigarettes;

• (b) kreteks. (produit du tabac désigné)

duty free shop

duty free shop has the same meaning as in subsection 2(1) of the Customs Act. (boutique hors taxes)

emission

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

ingredient[Repealed, SOR/2019-64, s. 1]

kit

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

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:

• (a) slide and shell package;

• (b) slide and shell package with lateral moving slide;

• (c) flip-top package;

• (d) soft package;

• (e) pouch;

• (f) bag;

• (g) can;

• (h) tub;

• (i) tube;

• (j) flip-top box;

• (k) bundle;

• (l) plastic or metal container;

• (m) shoulder box. (type d’emballage)

type of tobacco

type of tobacco includes the types of tobacco leaves commonly known as

• (a) Virginia flue-cured;

• (b) Maryland;

• (c) Burley; and

• (d) Oriental. (type de tabac)

unit

unit[Repealed, SOR/2019-64, s. 1]

year

year means a calendar year. (année)

Application

1.1 [Repealed, SOR/2019-64, s. 2]

Marginal note:Application

2 Every provision of these Regulations that applies to a brand of tobacco product also applies to every size of product of that brand.

General Requirements

Marginal note:Information

• 3 (1) These Regulations prescribe the information that manufacturers of tobacco products are required to submit to the Minister, as well as the manner in which it is to be submitted.

• 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.

• Marginal note:Attestation

  (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.

Marginal note:Data collection

4 Any data used in the preparation of a report must be obtained from tests performed on tobacco products that are sampled and tested during the period covered by the report.

Marginal note:Laboratory accreditation

5 Any test performed on a tobacco product for the purposes of these Regulations must be performed by a laboratory that

• (a) is accredited by the Standards Council of Canada or any other accreditation body that is a signatory to the International Laboratory Accreditation Cooperation (ILAC) Mutual Recognition Arrangement, under the most recent version of the International Organization for Standardization standard ISO/IEC 17025, entitled General Requirements for the Competence of Testing and Calibration Laboratories; and

• (b) has been issued a document by the body that accredited it, specifying the test methods set out in these Regulations for which the laboratory is accredited.

Marginal note:Documents to submit

6 A manufacturer that uses data obtained from a test performed by a laboratory for the purpose of preparing any report under section 12, 14 or 14.2 must attach a copy of the following documents to the report:

• (a) the laboratory report that includes the data used in the preparation of the report required by these Regulations and that specifies the type of tobacco product that was tested, as well as its brand name; and

• (b) the document referred to in paragraph 5(b) that proves the laboratory’s accreditation at the time when the test was performed.