Tobacco Products Appearance, Packaging and Labelling Regulations (SOR/2019-107)
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Regulations are current to 2024-11-26 and last amended on 2024-06-17. Previous Versions
Tobacco Products Appearance, Packaging and Labelling Regulations
SOR/2019-107
TOBACCO AND VAPING PRODUCTS ACT
Registration 2019-04-24
Tobacco Products Appearance, Packaging and Labelling Regulations
P.C. 2019-380 2019-04-23
Her Excellency the Governor General in Council, on the recommendation of the Minister of Health, pursuant to sections 7Footnote a and 33Footnote b of the Tobacco and Vaping Products ActFootnote c, makes the annexed Tobacco Products Regulations (Plain and Standardized Appearance).
Return to footnote aS.C. 2018, c. 9, s. 11
Return to footnote bS.C. 2018, c. 9, s. 44
Return to footnote cS.C. 1997, c. 13; S.C. 2018, c. 9, s. 2
General
Interpretation
Marginal note:Definitions
1 (1) The following definitions apply in these Regulations.
- Act
Act means the Tobacco and Vaping Products Act. (Loi)
- carton
carton means a secondary package in which two or more primary packages containing the same type of tobacco product are placed. (cartouche)
- 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 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 cigar, little cigar or tobacco stick. (cigarette)
- display area
display area means the portion of the surface area of a tobacco product package, leaflet or tobacco product on which a labelling element is to be displayed. (zone d’affichage)
- drab brown
drab brown means the colour known as Pantone 448. (brun terne)
- gray
gray means the colour known as Pantone Cool Gray 2. (gris)
- health warning
health warning, in respect of a tobacco product, means the applicable health warning
(a) referred to in subsection 88(1) and displayed on a tobacco product package; or
(b) referred to in subsection 118(1) and displayed directly on a tobacco product. (avertissement sanitaire)
- lower slide-flap
lower slide-flap means, in respect of a slide and shell package, the lower extremity of the slide that can be folded and is concealed by the shell when the package is closed. (rabat inférieur)
- manufacturer
manufacturer does not include an individual or entity that only packages or distributes tobacco products on behalf of a manufacturer. (fabricant)
- primary package
primary package means any package — other than an overwrap — that is intended for retail sale in Canada and in which a tobacco product is directly placed. (emballage primaire)
- secondary package
secondary package means any package — other than an overwrap — that is intended for retail sale in Canada and in which a primary package is placed. (emballage secondaire)
- slide
slide means the sliding portion of a slide and shell package. (tiroir)
- top edge
top edge means the edge that is in the horizontal plane and forms the upper limit of the package when the package is used in the customary manner to gain access to the tobacco product. (arête supérieure)
- upper slide-flap
upper slide-flap means, in respect of a slide and shell package, the upper extremity of the slide that can be folded and is concealed by the shell when the package is closed and that is visible when the package is used in the customary manner to gain access to the tobacco product. (rabat supérieur)
Marginal note:Interpretation — common name
(2) In these Regulations, a reference to a common name is a reference to the common name that is shown on a label in accordance with subparagraph 10(b)(ii) of the Consumer Packaging and Labelling Act.
Marginal note:Interpretation — declaration of net quantity
(3) In these Regulations, a reference to a declaration of net quantity is a reference to the declaration of net quantity that is contained on a label in accordance with section 4 of the Consumer Packaging and Labelling Act.
Marginal note:Interpretation — exterior surface
(4) In these Regulations, a reference to an exterior surface of a package that contains a tobacco product is a reference,
(a) in the case of a package that has a rectangular cuboid shape when it is closed, to the part of the package that forms, as the case may be, the exterior surface of the front, back, top, bottom or any of the sides of the package;
(b) in the case of a cylindrical package,
(i) to the part of the package that forms, as the case may be, the exterior surface of the top or bottom of the package when it is closed, and
(ii) to the part of the package that forms, as the case may be, the exterior curved surface that makes up the front or back of the package around its circumference; and
(c) in the case of any other package, to the part of the package that forms, as the case may be, the exterior surface of the front, back, top, bottom or any of the sides of the package when it is closed.
(5) [Repealed, SOR/2023-97, s. 3]
Application
Marginal note:Tobacco product and package — retail sale
2 (1) These Regulations apply to every tobacco product that is intended for retail sale in Canada, as well as to any package that contains such a tobacco product.
Marginal note:Package that does not contain tobacco products
(2) Part 1 also applies, in accordance with section 60, to a package that does not contain a tobacco product but is furnished by a manufacturer of a tobacco product 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.
Marginal note:Non-application
3 These Regulations do not apply to a package that contains a tobacco product and that is intended to be distributed to a manufacturer or retailer.
Marginal note:Interior surfaces
4 (1) For greater certainty, a provision of these Regulations that applies to any interior surface of a primary package that contains cigarettes applies to each surface of the slide of a slide and shell package — including the upper slide-flap and lower slide-flap — with the exception of any surface that forms the exterior surface of the top or bottom of the package when it is closed.
Marginal note:Carton
(2) For greater certainty, a provision of these Regulations that applies to any interior surface of a secondary package applies to each surface of a carton that forms its flaps and that is visible only when the carton is opened.
Purpose
Marginal note:Plain and standardized packaging
5 (1) For the purposes of section 23 of the Act, these Regulations set out the requirements that manufacturers of tobacco products must meet in respect of the plain and standardized appearance, shape and content of tobacco product packages.
Marginal note:Information — package
(2) For the purposes of section 15.3 of the Act, these Regulations set out the requirements that manufacturers of tobacco products must meet in respect of the manner of displaying information on tobacco product packages and on leaflets, including the form and placement of the information.
Marginal note:Product standards and markings
6 For the purposes of sections 5 and 5.3 of the Act, these Regulations also establish standards that manufacturers of tobacco products must meet in respect of the plain and standardized appearance and shape of tobacco products and set out requirements that manufacturers must meet in respect of the markings that may be displayed on tobacco products.
Marginal note:Labelling — required information
6.1 For the purposes of sections 15 and 15.2 of the Act, these Regulations set out the labelling requirements that manufacturers of tobacco products must meet in respect of
(a) information that is required under the Act to be displayed about tobacco products and their emissions and about the health hazards and health effects arising from the use of the products and from their emissions; and
(b) the manner of displaying that information on tobacco products, on packages that contain tobacco products and on leaflets.
PART 1Appearance and Dimensions of Tobacco Product Packages
- SOR/2023-97, s. 7
General Requirements
Package Contents
Marginal note:Primary package
7 (1) A primary package may contain only a tobacco product, a lining and a leaflet.
Marginal note:Secondary package
(2) A secondary package may contain only a primary package or other secondary package, as well as any overwrap covering those packages.
Standardized Physical Design Features
Marginal note:Secondary package shape
8 Every secondary package 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:Brand element, colour or information
9 Except as otherwise provided by or under the Act, any other Act of Parliament or any Act of the legislature of a province, the interior and exterior surfaces of a primary package and of a secondary package must not display any brand element or any colour or information.
Marginal note:Standardized colour
10 (1) Except as otherwise provided by these Regulations, every interior and exterior surface of a primary package and of a secondary package must be drab brown.
Marginal note:Exception — required or authorized information
(2) Other colours may be used on the interior and exterior surfaces to display a health warning or other information that is required or authorized by or under the Act, any other Act of Parliament or any Act of the legislature of a province, in accordance with the requirements imposed by or under that Act, other Act of Parliament or Act of the legislature of a province.
Marginal note:Exception — package made of metal or wood
(3) An interior surface of a primary package that is made of metal or wood may be the natural colour of the metal or wood.
Marginal note:Finish
11 (1) Except as otherwise provided by or under the Act, any other Act of Parliament or any Act of the legislature of a province, every interior and exterior surface of a primary package and of a secondary package must have a matte finish.
(2) The interior surfaces and exterior surfaces of a primary package that is a pouch or soft package may have a glossy finish if those surfaces include a transparent film.
Marginal note:Adhesive substance
12 Any adhesive substance that is used on an interior or exterior surface of a primary package or of a secondary package or on any lining or overwrap must be transparent and colourless.
Marginal note:Texture
13 (1) Every interior and exterior surface of a primary package and of a secondary package, as well as any overwrap covering the package, must have a smooth texture, without any raised features, embossing, decorative ridges, bulges or other irregularities.
Marginal note:Exception — carton
(2) However, a carton may include a perforated strip for opening that, once torn, may leave serrations on the carton’s interior and exterior surfaces.
Marginal note:Features
14 (1) The interior and exterior surfaces of a primary package and of a secondary package, as well as any lining, leaflet and overwrap, must not include any feature that is designed to change the appearance (such as heat-activated ink) or to change the surface area (such as a fold-out panel) of the package, lining, leaflet or overwrap.
Marginal note:Means of opening
(2) A primary package must be designed in such a manner that it may be opened by only one means when the package is used in the customary manner to gain access to the tobacco product.
Marginal note:Inner box
(3) A primary package must not be designed in such a manner that it forms an inner box that can be removed without being damaged.
Marginal note:Alphanumeric code
15 (1) A primary package and a secondary package may display an alphanumeric code that is composed of no more than 10 numeric characters and either the abbreviation “CA” that represents Canada or one of the following internationally approved alpha codes that represents the province or territory where the product is sold:
(a) in the case of Ontario, “ON”;
(b) in the case of Quebec, “QC”;
(c) in the case of Nova Scotia, “NS”;
(d) in the case of New Brunswick, “NB”;
(e) in the case of Manitoba, “MB”;
(f) in the case of British Columbia, “BC”;
(g) in the case of Prince Edward Island, “PE”;
(h) in the case of Saskatchewan, “SK”;
(i) in the case of Alberta, “AB”;
(j) in the case of Newfoundland and Labrador, “NL”;
(k) in the case of Yukon, “YT”;
(l) in the case of the Northwest Territories, “NT”; and
(m) in the case of Nunavut, “NU”.
Marginal note:Alphanumeric code — manner of display
(2) The alphanumeric code may be displayed on a primary package and a secondary package if it is displayed in such a manner that the code
(a) has a matte finish and is printed in a regular weight and width Lucida Sans Serif font style, without italics, and in black or gray;
(b) is printed only once on the primary package and once on the secondary package, in characters of no more than 8 points; and
(c) in the case of a package that has a rectangular cuboid shape when it is closed, is displayed on only the exterior surface of the top, bottom or any one of the sides of the package.
Marginal note:Information — characteristics
(3) The alphanumeric code must not convey any information relating to characteristics of the tobacco product that the primary package or secondary package contains or the tobacco product’s emissions.
Marginal note:Brand element
(4) The alphanumeric code must not evoke the tobacco product’s brand elements.
Marginal note:Bar code
16 (1) A primary package and a secondary package may display a bar code that is rectangular in shape, does not contain any image or design and is no more than 40 mm by 20 mm in size.
Marginal note:Bar code — manner of display
(2) The bar code may be displayed on a primary package and a secondary package if it is displayed in such a manner that the code
(a) has a matte finish and is printed in either black and white or in drab brown and white;
(b) is displayed only once on the primary package and once on the secondary package; and
(c) in the case of a package that has a rectangular cuboid shape when it is closed, is displayed on only the exterior surface of the top, bottom or any one of the sides of the package.
Marginal note:Means of electronic communication
17 (1) The interior and exterior surfaces of a primary package and of a secondary package, as well as any lining, leaflet and overwrap, 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 surfaces, lining, leaflet and overwrap 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.
Marginal note:Feature to prevent counterfeiting
18 (1) A feature that is designed to prevent counterfeiting may be displayed on an exterior surface of a primary package or of a secondary package if the feature
(a) is required under an enactment of a foreign government;
(b) is a QR code, DotCode or Data Matrix;
(c) is rectangular in shape and does not contain any image or design;
(d) is no more than 40 mm by 20 mm in size;
(e) has a matte finish and is printed in either black and white or in drab brown and white;
(f) is displayed only once on each package; and
(g) in the case of a package that has a rectangular cuboid shape when it is closed, is displayed on only the exterior surface of the top, bottom or any one of the sides of the package.
Marginal note:Definition of QR code, DotCode and Data Matrix
(2) For the purposes of this section, QR code, DotCode and Data Matrix have the same meanings as in Article 21 of the Commission Implementing Regulation (EU) 2018/574 of December 15, 2017 on Technical Standards for the Establishment and Operation of a Traceability System for Tobacco Products.
Marginal note:Calibration marks
19 Calibration marks that are necessary for the automated manufacturing of a primary package or of a secondary package may be displayed on any of its interior or exterior surfaces, if those marks are not visible when the package is used in the customary manner to gain access to the tobacco product.
Marginal note:Scent and sound
20 (1) The interior and exterior surfaces of a primary package and of a secondary package, as well as any lining, leaflet and overwrap, must not be capable of emitting a scent or sound.
Marginal note:Exception — packages made of wood
(2) However, the interior and exterior surfaces of a primary package and of a secondary package that are made of wood may emit the natural scent of the wood.
Marginal note:Cut-out window
21 The interior and exterior surfaces of a primary package and of a secondary package must not include any cut-out window that permits the contents of the package to be visible without opening it.
Marginal note:Sticker and tab
22 (1) Subject to subsections (2) and (5), the interior and exterior surfaces of a primary package and of a secondary package must not include any sticker or tab.
Marginal note:Exception — required or authorized information
(2) The exterior surfaces of a primary package and of a secondary package may include an irremovable sticker that displays information that is required or authorized by or under the Act, any other Act of Parliament or any Act of the legislature of a province, if the sticker is placed on an exterior surface in such a manner that it does not conceal or obscure any such information on the package.
Marginal note:Sticker — surface
(3) The sticker is deemed to form a part of the surface on which it is placed.
Marginal note:Sticker — requirements
(4) However, only the requirements of sections 9 to 12, subsections 13(1) and 14(1) and sections 17 and 20 apply to the sticker.
Marginal note:Exception — pouch or soft package
(5) An interior and exterior surface of a primary package that is a pouch or a soft package may include a rectangular tab for resealing the package after opening if the tab
(a) does not conceal or obscure any information required by or under the Act, any other Act of Parliament or any Act of the legislature of a province; and
(b) does not display any brand element or any information.
Marginal note:Tab — requirements
(6) Only the requirements of subsection 10(1) and sections 11 and 12, subsections 13(1), 14(1) and 17(1) and section 20 apply to the tab.
Marginal note:Transparent and colourless sticker or tab
(7) Any tab or sticker that covers any information required by or under the Act, any other Act of Parliament or any Act of the legislature of a province must be transparent and colourless.
Marginal note:Lining
23 Except as otherwise provided by these Regulations, any lining that is placed in a primary package must
(a) be white or drab brown;
(b) have a matte finish and no variations in colour tone;
(c) not display any brand element or any information; and
(d) have a smooth texture, without any raised features, embossing, decorative ridges, bulges or other irregularities aside from embossed dots or squares that are required for the automated manufacturing process and that are uniform in size and equidistant.
Marginal note:Overwrap
24 Except as otherwise provided by these Regulations, any overwrap that covers a primary package or secondary package must
(a) mould to the primary package or secondary package that it covers;
(b) be transparent and colourless;
(c) not include any tear tape;
(d) not display any brand element; and
(e) not display any information or features.
Marginal note:Overwrap — more than one primary package
25 If an overwrap covers more than one primary package, the following information and features may be displayed on it:
(a) calibration marks that meet the requirements of section 19;
(b) a bar code, if it is displayed only once on the overwrap, meets the requirements of subsection 16(1) and paragraph 16(2)(a) and is printed directly on the overwrap or on a label that meets the requirements of subsections 11(1), 13(1) and 14(1) that are applicable to interior and exterior surfaces;
(c) a solid black rectangle to cover the bar code on each primary package;
(d) the declaration of net quantity and the common name of the tobacco product, printed in white on a black rectangle, if they are oriented parallel to and in the same direction as any information that is displayed on the surface that the overwrap covers; and
(e) a health warning and any other information that is required or authorized by or under the Act, any other Act of Parliament or any Act of the legislature of a province.
Marginal note:Tear tape
26 An overwrap that covers a primary package or secondary package may include a single tear tape that
(a) is made of plastic, is transparent and is either colourless or the colour required by or under an Act of the legislature of a province;
(b) forms a straight line that has a uniform width of no more than 3.5 mm around the package or the width required by or under an Act of the legislature of a province;
(c) is parallel to any straight edge of the package and perpendicular to the opening of the package;
(d) is designed in such a manner that the entire overwrap is removed once the tear tape is torn; and
(e) displays only information that is required or authorized by or under the Act, any other Act of Parliament or any Act of the legislature of a province.
Text Size, Style and Placement
Information
- SOR/2023-97, s. 30(F)
Marginal note:Text style and colour
27 (1) Except as otherwise provided by or under the Act, any other Act of Parliament or any Act of the legislature of a province, any text that is displayed on a primary package or secondary package, or on any overwrap covering the package, must have a matte finish and be printed in a regular weight and width Lucida Sans Serif font style, without italics, and in gray.
Marginal note:Spacing
(2) The space between every word that forms part of an expression must be no more than 4 mm.
Brand Name
Marginal note:Brand name — no colour or filter characteristic
28 A brand name that is not prohibited by the Act may be displayed in accordance with these Regulations on a primary package and a secondary package, if the brand name does not evoke a colour or a characteristic of a filter.
Marginal note:Placement
29 (1) In the case of a primary package or secondary package that has a rectangular cuboid shape when it is closed, the brand name may be displayed only once on each exterior surface of the front, back, top, bottom and sides of the package.
Marginal note:Cylindrical package
(2) Subject to subsection (3), the brand name may be displayed only once on each of the following surfaces of a cylindrical primary package or secondary package:
(a) the exterior surface of the top and bottom of the package; and
(b) the exterior curved surface of the front and back of the package.
Marginal note:Cigar tube
(3) The brand name may be displayed only once on a cigar tube.
Marginal note:Other primary package or secondary package
(4) In the case of any other primary package or secondary package, the brand name may be displayed only once on each exterior surface of the package.
Marginal note:Text size and style
30 (1) Any brand name that is displayed on a primary package or secondary package must
(a) be printed in alphabetic characters of 14 points; and
(b) form only one line of text.
Marginal note:Capital letter
(2) Only the first letter of each word in the brand name may be a capital letter.
Marginal note:Manner of display
31 (1) If a brand name is displayed on an exterior surface of a primary package or secondary package and a health warning is also displayed on that surface, the brand name must be oriented parallel to and in the same direction as the health warning and must be centered in the area of that surface that remains unoccupied by the health warning and any other information that is required or authorized by or under the Act, any other Act of Parliament or any Act of the legislature of a province.
Marginal note:Other cases
(2) If a brand name is displayed on an exterior surface of a primary package or secondary package, and no health warning is displayed on that surface, the brand name must be
(a) oriented parallel to and in the same direction as any other information that is displayed on that surface and centered in the remaining area of that surface; or
(b) centered on that surface, if no other information is displayed on it.
Marginal note:Exception — cigar tube
(3) Subsections (1) and (2) do not apply to a cigar tube.
Manufacturer Information and Declaration of Net Quantity
- SOR/2023-97, s. 30(F)
Marginal note:Manufacturer identity and principal place of business
32 (1) The manufacturer’s identity and principal place of business may be displayed only once on every primary package and secondary package and must be printed in characters of 10 points.
Marginal note:Package — rectangular cuboid shape
(2) In the case of a primary package or secondary package that has a rectangular cuboid shape when it is closed, the manufacturer’s identity and principal place of business may be displayed on the exterior surface of only one of the sides of the package.
Marginal note:Manner of display
33 In the case of any primary package or secondary package, other than a cylindrical package, the manufacturer’s identity and principal place of business must be oriented parallel to and in the same direction as any other information that is displayed on the same exterior surface.
Marginal note:Net quantity and common name
34 (1) The declaration of net quantity and the common name of a tobacco product may be displayed on every primary package and secondary package.
Marginal note:Principal display panel
(2) The declaration of net quantity and the common name of a tobacco product may be displayed only once on each principal display panel, as defined in subsection 2(2) of the Consumer Packaging and Labelling Regulations.
Marginal note:Manner of display
35 (1) If the declaration of net quantity and the common name of a tobacco product are displayed on an exterior surface of a primary package or of a secondary package and a health warning is also displayed on that surface, the declaration and the common name must be oriented parallel to and in the same direction as the health warning.
Marginal note:Other cases
(2) If the declaration of net quantity and the common name of the tobacco product are displayed on an exterior surface of a primary package or of a secondary package and no health warning is displayed on that surface, the declaration and the common name must be oriented parallel to and in the same direction as any other information that is displayed on that surface.
Marginal note:Placement
36 In the case of a primary package or secondary package that has a rectangular cuboid shape when it is closed, the declaration of net quantity and the common name of the tobacco product must be displayed in such a manner that the last letter of that information is 5 mm from the bottom and right edges of the package.
Marginal note:Text size and style — net quantity and common name
37 (1) The declaration of net quantity and the common name of the tobacco product must be printed in characters whose height is no more than the minimum height of the numerical quantity in the declaration of net quantity set out in subsection 14(2) of the Consumer Packaging and Labelling Regulations.
Marginal note:Definition of height
(2) For the purposes of this section, height has the meaning assigned by subsection 14(1) of the Consumer Packaging and Labelling Regulations.
Leaflets
Marginal note:Standardized appearance
38 (1) Except as otherwise provided by or under the Act or any other Act of Parliament, a leaflet must have a matte finish and the text that is displayed on it must be printed in a regular weight and width Lucida Sans Serif font style, without italics, and in either black on a white background or gray on a drab brown background.
Marginal note:Brand name — no colour or filter characteristic
(2) A brand name that is not prohibited by the Act may be displayed on a leaflet in accordance with this section, if the brand name does not evoke a colour or a characteristic of a filter.
Marginal note:Image
(3) Subject to subsection 17(2), a leaflet must not display any image other than one that warns consumers of the health hazards arising from the use of the tobacco product or that provides instructions for its use.
Marginal note:Risk statement
(4) Any statement respecting a risk arising from the use of the tobacco product may be printed in red.
Specific Requirements — Cigarette Packages
Standardized Physical Design Features and Type of Package
Marginal note:Primary package shape
39 Every primary package that contains cigarettes 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:Primary package — requirement
40 A primary package that contains cigarettes must be a slide and shell package.
Marginal note:Slide and shell package — requirements
41 A slide and shell package must meet the following requirements:
(a) the only way to open it is by moving the slide vertically; and
(b) the edges of its upper slide-flap and lower slide-flap must be rigid and straight, without any rounding or bevelling, except at the corners that are concealed by the shell when the package is closed.
Marginal note:Dimensions
42 (1) A slide and shell package that contains regular size cigarettes must have the following dimensions when it is closed:
(a) a height of no less than 72 mm and no more than 77 mm;
(b) a width of no less than 81 mm and no more than 106 mm; and
(c) a depth of no less than 15 mm and no more than 18 mm.
Marginal note:King size cigarettes
(2) A slide and shell package that contains king size cigarettes must have the following dimensions when it is closed:
(a) a height of no less than 84 mm and no more than 89 mm;
(b) a width of no less than 81 mm and no more than 106 mm; and
(c) a depth of no less than 15 mm and no more than 18 mm.
Marginal note:Dimensions of upper slide-flap
42.1 (1) The upper slide-flap of a slide and shell package that contains regular size cigarettes must have the following dimensions:
(a) a height of 51 mm; and
(b) a width of no less than 80 mm and no more than 105 mm.
Marginal note:King size cigarettes
(2) The upper slide-flap of a slide and shell package that contains king size cigarettes must have the following dimensions:
(a) a height of 62 mm; and
(b) a width of no less than 80 mm and no more than 105 mm.
Marginal note:Width
(3) The width of the upper slide-flap of a slide and shell package must be equal to the width of the slide.
Marginal note:Material
43 (1) Every primary package and secondary package that contains cigarettes must be made of rigid cardboard.
Marginal note:Exception — carton
(2) However, a carton may be made of paper.
Marginal note:Overwrap
(3) An overwrap that meets the requirements of sections 24 to 26 may be used, instead of a carton, to cover two or more primary packages that contain cigarettes.
Marginal note:Lining
44 Any lining that is placed in a primary package that contains cigarettes must
(a) be made of one sheet of silver-coloured foil or paper that is attached to white backing paper and to an interior surface of the primary package in such a manner that it cannot be removed without being damaged; and
(b) meet the requirements of paragraphs 23(b) to (d).
Text Placement
Marginal note:Declaration of size of cigarettes
45 (1) The declaration of the size of cigarettes as regular size or king size may be displayed on the exterior surface of the front and back of a primary package and of a secondary package.
Marginal note:Manner of display
(2) The declaration of the size of cigarettes must be identified by the words “Regular Size” or their abbreviation “RS” or the words “King Size”or their abbreviation “KS”, as the case may be, and be printed in alphabetic characters of 10 points, oriented parallel to and in the same direction as the health warning and positioned in such a manner that the first letter of the declaration is 5 mm from the bottom and left edges of the primary package or secondary package.
Specific Requirements — Little Cigar Packages
Marginal note:Primary package shape
46 (1) Every primary package that contains little cigars 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:Exception — metal package
(2) However, a primary package that is made of metal and contains little cigars — and any carton that contains such a primary package — may have rounded or beveled corners.
Marginal note:Material
47 (1) Every primary package that contains little cigars must be made of rigid cardboard or metal.
Marginal note:Secondary package
(2) Every secondary package must be made of rigid cardboard.
Marginal note:Exception — carton
(3) However, a carton may be made of paper.
Marginal note:Overwrap
(4) An overwrap that meets the requirements of sections 24 to 26 may be used, instead of a carton, to cover two or more primary packages that contain little cigars.
Marginal note:Lining
48 Any lining that is placed in a primary package that contains little cigars must
(a) be made of one sheet of silver-coloured foil that is attached to white backing paper and to an interior surface of the package in such a manner that it cannot be removed without being damaged; and
(b) meet the requirements of paragraphs 23(b) to (d).
Specific Requirements — Cigar Packages
Marginal note:Interpretation — primary package
49 Despite these Regulations, a package is considered to be a primary package if it is intended for retail sale in Canada and cigars that are individually covered by overwrap are directly placed in it.
Marginal note:Overwrap — cigar
50 (1) An overwrap that covers one cigar and an overwrap in which two or more cigars are placed must mould to the cigars and meet the requirements of paragraphs 24(b) to (d).
Marginal note:Overwrap — two or more cigars
(2) The information and features referred to in section 25 may be displayed on an overwrap in which two or more cigars are placed.
Marginal note:Overwrap — sticker
(3) Subject to subsections (4) and (5), the interior and exterior surfaces of an overwrap in which two or more cigars are placed must not include any sticker.
Marginal note:Exception — required or authorized information
(4) An exterior surface of an overwrap in which two or more cigars are placed may include an irremovable sticker that displays information required or authorized by or under the Act, any other Act of Parliament or any Act of the legislature of a province, if the sticker is placed on the overwrap in such a manner that it does not conceal or obscure any such information on the overwrap.
Marginal note:Sticker — requirements
(5) The requirements of section 9, subsections 10(1) and (2), sections 11 and 12, subsections 13(1) and 14(1), section 17 and subsection 20(1) that are related to interior and exterior surfaces apply to the sticker.
Marginal note:Overwrap — primary package
51 An overwrap that meets the requirements of sections 24 to 26 may be used, instead of a carton, to cover two or more primary packages that contain cigars.
Marginal note:Lining
52 Any lining that is placed in a primary package that contains cigars 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 cigar in place or to remove it from the lining; and
(b) meet the requirements of paragraphs 23(a) to (c).
Specific Requirements — Packages that Contain Devices or Parts Used with Devices
Marginal note:Interpretation — primary package
53 Despite these Regulations, a package is considered to be a primary package if it is intended for retail sale in Canada and a device that is necessary for the use of a tobacco product and that is covered by an overwrap is directly placed in it or a part that may be used with such a device and that is covered by an overwrap is directly placed in it.
Marginal note:Primary package shape
54 Every primary 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, 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:Overwrap
55 (1) Any overwrap that covers a device that is necessary for the use of a tobacco product, or a part that may be used with such a device, must mould to the device or part and meet the requirements of paragraphs 24(b) to (d).
Marginal note:Overwrap — more than one device
(2) If an overwrap covers more than one device that is necessary for the use of a tobacco product or more than one part that may be used with such a device, the information and features referred to in section 25 may be displayed on the overwrap.
Marginal note:Lining
56 Any lining that is placed in a primary 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, must
(a) be made of plastic or rigid cardboard;
(b) have a smooth texture, without any raised features, embossing, decorative ridges, bulges or other irregularities, unless such features are necessary to hold the device or part in place or to remove it from the lining; and
(c) meet the requirements of paragraphs 23(a) to (c).
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)
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.
Marginal note:Source document
94 (1) The health information messages that are required for a tobacco product are the health information messages set out for that type of tobacco 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; and
(c) in the case of cigarette tobacco, Section C.
Marginal note:Health information messages — rotation
(2) The health information messages that are set out in the source document for each type of tobacco product referred to in subsection (1) 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 a period of 24 months.
Marginal note:First rotation
(3) Despite subsection (2), the first rotation of health information messages 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 information messages 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:Equal use
95 Every manufacturer must, to the extent possible, use each health information message set out in each applicable rotation of health information messages in the source document in respect of an equal number of each type of primary package of each brand name of cigarettes, little cigars and cigarette tobacco that they package in a year.
Marginal note:Placement — display area
96 (1) A health information message must be displayed on a primary package on the following display areas:
(a) in the case of a slide and shell package that contains cigarettes, the exterior surface of the upper slide-flap that is visible when the slide and shell package is used in the customary manner to gain access to the cigarettes;
(b) in the case of a cylindrical primary package that contains cigarette tobacco,
(i) any portion of the exterior curved surface that remains unoccupied by a health warning,
(ii) a removable leaflet that is placed on the interior surface of the lid of the primary package and is in the form of a disc that has a cut-out in its centre, or
(iii) the freshness seal of the primary package;
(c) in the case of a primary package that has a rectangular cuboid shape when it is closed and that contains cigarette tobacco, any exterior surface that remains unoccupied by a health warning, other than the exterior surface of the bottom;
(d) in the case of a primary package that contains cigarette tobacco and that is a pouch or a soft package with a closure that is a longitudinal flap, the interior surface of the flap; and
(e) in the case of any other primary package that contains cigarette tobacco, the largest exterior surface of the package that remains unoccupied by a health warning.
Marginal note:Removable leaflet — extension
(2) A portion of the surface of the removable leaflet referred to in subparagraph (1)(b)(ii) may extend beyond the edge of the disc if the extended surface displays the phrases set out in subsection 97(2).
Marginal note:Space occupied
(3) The health information message and any attribution of the health information message must occupy the following portions of the display area:
(a) in the case of a slide and shell package that contains cigarettes, the entire exterior surface of the upper slide-flap that is visible when the slide and shell package is used in the customary manner to gain access to the cigarettes;
(b) in the case of a cylindrical primary package that contains cigarette tobacco,
(i) for the exterior curved surface, an area of at least 4 240 mm2,
(ii) for a removable leaflet referred to in subparagraph (1)(b)(ii), an area of at least 5 650 mm2, and
(iii) for the freshness seal referred to in subparagraph (1)(b)(iii), an area of at least 7 850 mm2; and
(c) in the case of any other primary package that contains cigarette tobacco, an area of at least 4 240 mm2.
Marginal note:Manner of display — official languages
97 (1) Health information messages must be displayed on primary packages in both official languages in such a manner that
(a) in the case of a display area other than a removable leaflet referred to in subparagraph 96(1)(b)(ii), the English and French versions are side by side; and
(b) in the case of a removable leaflet referred to in subparagraph 96(1)(b)(ii), the English version is displayed on one side and the French version on the other.
Marginal note:Removable leaflet — extension
(2) The extended surface of the removable leaflet referred to in subparagraph 96(1)(b)(ii) may display the phrase “FRANÇAIS AU VERSO” in the English version and the phrase “ENGLISH ON OTHER SIDE” in the French version, printed in a regular weight and width Lucida Sans Serif font style, in characters of 9 points, in black upper case letters, without italics and in bold type.
Marginal note:Alignment
(3) A health information message that is displayed on the display area of a primary package that contains cigarette tobacco must be
(a) in the case of a display area on a pouch or soft package, centered in the display area and positioned parallel and as close as possible to the top edge of the longitudinal flap; and
(b) in the case of a display area other than one referred to in paragraph (a) or subparagraph 96(1)(b)(ii) or (iii), centered in the display area and positioned parallel and as close as possible to the top edge of the primary package.
Marginal note:Alignment with health warning
(4) If a health information message is displayed on a display area of a primary package on which a health warning is also displayed, the health information message must be oriented parallel to and in the same direction as the health warning.
Marginal note:Format
(5) The health information message must be displayed on the primary package, including on a removable leaflet referred to in subparagraph 96(1)(b)(ii) or on the freshness seal referred to in subparagraph 96(1)(b)(iii), in “Landscape” format.
Marginal note:Manner of display — subsection 92(2) and section 93
98 (1) A health information message, and any attribution of the health information message, that is displayed on a leaflet that is referred to in subsection 92(2) or section 93 and inserted in a primary package that contains cigarette tobacco or little cigars must be displayed on a display area that occupies the entire surface area of the leaflet.
Marginal note:Official languages
(2) The English version of a health information message must be displayed on one side of the leaflet and the French version on the other.
Marginal note:Format
(3) The health information message must be displayed in “Portrait” format on the leaflet .
Toxicity Information
Marginal note:Requirement — primary package and secondary package
99 (1) Every primary package and secondary package that contains a tobacco product, other than papers and filters intended for use with a tobacco product, must display toxicity information that consists of the following components:
(a) a toxicity information header; and
(b) explanatory text related to toxicity.
Marginal note:Requirement — overwrap
(2) Every overwrap in which two or more cigars are placed must also display toxicity information that consists of the components referred to in subsection (1).
Marginal note:Source document
100 (1) The toxicity information that is required for a tobacco product is the toxicity information set out for that type of tobacco 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 made in whole or in part of tobacco, Section I.
Marginal note:Toxicity information — rotation
(2) The labelling elements related to toxicity information 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 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 labelling elements related to toxicity information 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 labelling elements related to toxicity information that are 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 labelling elements related to toxicity information 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 labelling element related to toxicity information of the preceding rotation, the preceding rotation continues to apply.
Marginal note:Equal use
101 Every manufacturer must, to the extent possible, use each labelling element related to toxicity information that is set out in each applicable rotation 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
102 (1) Toxicity information 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) for a slide and shell package that contains cigarettes, the exterior surface of one of its sides, and
(ii) for any other primary package, one of the largest exterior surfaces of the package that remains unoccupied by a health warning or health information message, other than the exterior surface of the bottom;
(b) in the case of a cylindrical primary package that contains cigarette tobacco or that is a cigar tube, any portion of the exterior surface that remains unoccupied by a health warning or health information message, other than the exterior surface of the bottom;
(c) in the case of any other cylindrical primary package, any portion of the exterior surface that remains unoccupied by a health warning or health information message;
(d) in the case of a primary package that is a three-sided pouch or three-sided soft package, any exterior surface of the package that remains unoccupied by a health warning or health information message, other than the exterior surface of the bottom;
(e) in the case of any other primary package, any exterior surface of the package that remains unoccupied by a health warning or health information message;
(f) in the case of a secondary package that is a carton, one of its exterior surfaces that remains unoccupied by a health warning; and
(g) in the case of an overwrap, any exterior surface of the overwrap that remains unoccupied by a health warning, other than the exterior surface of the bottom.
Marginal note:Space occupied
(2) The toxicity information and any attribution of the toxicity information must occupy the following portions of the display area of a package:
(a) in the case of a slide and shell package that contains cigarettes, the entire exterior surface of one of its sides;
(b) in the case of a primary package that is a cigar tube, the portion that constitutes 25% 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;
(c) in the case of any other primary package that contains a tobacco product,
(i) if the display area is less than 1 000 mm2 in size, the entire display area, and
(ii) if the display area is 1 000 mm2 or more in size, at least the greater of 30% of the display area and 1 000 mm2;
(d) in the case of a secondary package that is a carton, at least 50% of the display area; and
(e) in the case of an overwrap,
(i) if the display area is less than 10 000 mm2 in size, an area of at least 1 800 mm2, and
(ii) if the display area is 10 000 mm2 or more in size, an area of at least 3 000 mm2.
Marginal note:Exception — large display area
(3) The portion of the display area that the toxicity information occupies need not exceed 3 000 mm2, except in the case of a secondary package that is a carton.
Marginal note:Manner of display — official languages
103 (1) Toxicity information must be displayed on packages in both official languages in such a manner that the English and French versions are side by side.
Marginal note:Format
(2) The toxicity information must be displayed on the package in “Landscape” format.
Marginal note:Format — cigar tubes
(3) However, in the case of a cigar tube, the toxicity information must be displayed in “Elongated Landscape” format.
Kits
Marginal note:Definition of kit
104 In sections 105 to 109, kit means a package in which two or more of the following types of tobacco products are placed, if at least two of those types of tobacco products are intended to be assembled together by a consumer for their use:
(a) cigarettes;
(b) little cigars;
(c) cigarette tobacco;
(d) leaf tobacco;
(e) cigars;
(f) pipe tobacco;
(g) tobacco sticks;
(h) chewing tobacco;
(i) snuff;
(j) blunt wraps;
(k) 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;
(l) devices referred to in paragraph (k);
(m) parts that may be used with those devices;
(n) tubes;
(o) any papers or filters intended for use with another tobacco product referred to in any of paragraphs (a) to (m) and (p), if that tobacco product is also placed in the package; and
(p) any other tobacco product.
Marginal note:Requirement
105 (1) Every kit must display a health warning described in section 87 and the toxicity information described in section 99.
Marginal note:One type of tobacco product
(2) A kit that contains papers or filters as well as only one type of tobacco product referred to in any one of paragraphs 104(a) to (m) and (p) must display the health warning and the toxicity information required for that one type of tobacco product under sections 88 and 100, as applicable.
Marginal note:Two or more types
(3) A kit that contains two or more types of tobacco products referred to in any of paragraphs 104(a) to (n) and (p) must display the health warning and the toxicity information required under sections 88 and 100, as applicable,
(a) for the type of tobacco product, among any cigarettes, little cigars, cigarette tobacco or tubes that the kit contains, whose health warning occupies the largest portion of the display area in accordance with section 90;
(b) for the type of tobacco product, among any cigars, pipe tobacco or chewing tobacco that the kit contains, whose health warning occupies the largest portion of the display area in accordance with section 90, if the kit does not contain any of the types of tobacco products referred to in paragraph (a); and
(c) for the type of tobacco product, among any other types of tobacco products that the kit contains, with the exception of papers and filters, whose health warning occupies the largest portion of the display area in accordance with section 90, if the kit does not contain any of the types of tobacco products referred to in paragraph (a) or (b).
Marginal note:Portion of display area having same size
(4) In respect of the display areas for two or more types of tobacco products contained in a kit, if the largest portion referred to in subsection (3) is the same size for at least two types of tobacco products among those referred to in any one of paragraphs 3(a), (b) and (c), the kit must display the health warning and toxicity information required under sections 88 and 100, as applicable, for the type of tobacco product whose health warnings are set out in the Section of the source document that appears first in the source document.
Health Warning
Marginal note:Display area
106 (1) A health warning must be displayed on the following display areas on a kit:
(a) the exterior surface of the front and back of the kit; or
(b) the exterior surface of the top of the kit, if the total exterior surface area of the front and back of the kit is less than or equal to the exterior surface area of the top.
Marginal note:Space occupied
(2) The health warning and any attribution of the health warning must occupy at least 75% of the display area.
Marginal note:Manner of display — official languages
107 (1) A health warning must be displayed on a kit 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 kit, the English version is on one display area and the French version is on the other; and
(b) in the case of a health warning that must be displayed on one display area of a kit, the English and French versions are side by side.
Marginal note:Format
(2) The health warning must be displayed on the kit in “Landscape” format.
Toxicity Information
Marginal note:Display area
108 (1) Toxicity information must be displayed on a display area that is one of the exterior surfaces of the kit that remains unoccupied by a health warning.
Marginal note:Space occupied
(2) The toxicity information and any attribution of the toxicity information must occupy at least 50% of the display area.
Marginal note:Manner of display — official languages
109 (1) Toxicity information must be displayed on kits in both official languages in such a manner that the English and French texts are side by side.
Marginal note:Format
(2) The toxicity information must be displayed on kits in “Landscape” format.
Technical Specifications — Manner of Display
Marginal note:Labelling on package — integrity
110 (1) The customary method of opening a package containing a tobacco product must not sever or otherwise damage a labelling element or render it illegible.
Marginal note:Severed package
(2) However, a labelling element may be severed and two lines of text within the labelling element may be separated when the package is opened by the customary method if
(a) the integrity of the labelling element is restored when the package is closed; and
(b) no letter, numeral or other character that is part of the labelling element is severed.
Marginal note:Non-application
(3) This section does not apply to a package that is ordinarily torn during or discarded after opening.
Marginal note:Visibility
111 (1) A labelling element, component of a labelling element or attribution of a labelling element must not be obscured, except partially by a tear tape required under provincial legislation.
Marginal note:Coverage
(2) A labelling element, component of a labelling element or attribution of a labelling element must not be concealed, except partially by a tobacco excise stamp and on the following conditions:
(a) the labelling element is concealed to the least extent possible and to a maximum surface area of 180 mm²; and
(b) the labelling element or attribution is adapted in accordance with section 115 in such a manner that none of the components of the labelling element nor the attribution is entirely concealed by the tobacco excise stamp.
Marginal note:Tax stamp
112 A labelling element or attribution of a labelling element must not conceal or obscure a tobacco excise stamp that is affixed to the package in the manner prescribed by the Stamping and Marking of Tobacco, Cannabis and Vaping Products Regulations.
Marginal note:Orientation of text
113 The text of a health warning or health information message must be oriented in such a manner that it is readable from left to right when a package is used in the customary manner to gain access to the tobacco product.
Marginal note:Leaflet — visibility and readability
114 A leaflet on which a labelling element is displayed must be
(a) readily visible when the package is used in the customary manner to gain access to the tobacco product;
(b) easily removable from the package; and
(c) placed in the package in a manner that would make the text of the labelling element, or some portion of the text, readable without further manipulation.
Marginal note:Adaptation
115 Despite sections 82 and 83, if a labelling element or attribution of a labelling element does not fit the portion of the display area on a package, or the surface area on a leaflet, that it must occupy, the labelling element or attribution must be adapted as follows:
(a) the components referred to in subsections 87(1), 92(1) and 99(1) must, to the extent possible, maintain the scale of the components in the source document;
(b) the attribution must, to the extent possible, maintain the scale of the attribution in the source document;
(c) the positions of the components and attribution must, to the extent possible, be maintained relative to each other;
(d) the integrity of the labelling element must be maintained;
(e) the explanatory text and related information of a component may be displaced solely to meet the requirements of subsections 110(1) and 111(1); and
(f) the number of lines of text may be adapted solely to avoid distortion of a component or attribution.
Marginal note:Finish — health warning
116 (1) For greater certainty, the text of a health warning or attribution of a health warning that is displayed on a package must have a glossy finish.
Marginal note:Finish — pouch or soft package
(2) In the case of a primary package that is a pouch or soft package and whose interior and exterior surfaces include a transparent film, the text of a health warning or an attribution of a health warning must have a matte or glossy finish.
Marginal note:Health information message and toxicity information
(3) The text of a health information message, the toxicity information or an attribution of those labelling elements that is displayed on a package or leaflet must have a matte or glossy finish.
Labelling on Tobacco Products — Required Information
Marginal note:Requirement — tobacco products
117 (1) A health warning that consists of the explanatory text of the warning or of a warning pictogram or of both the explanatory text and a warning pictogram must be displayed directly on cigarettes, little cigars and tubes.
Marginal note:Exception — little cigars without tipping paper
(2) Subsection (1) does not apply to little cigars that do not have tipping paper.
Marginal note:Source document
118 (1) The health warnings that are required for a tobacco product and must be displayed directly on the product are the health warnings set out for that type of tobacco 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; and
(c) in the case of tubes, Section C.
Marginal note:Health warnings — rotation
(2) The health warnings that are set out in the source document for each type of tobacco product referred to in subsection (1) 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 a period of 24 months.
Marginal note:First rotation
(3) Despite subsection (2), 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:Equal use
119 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 size of each brand name of cigarettes, little cigars and tubes that they package in a year.
Marginal note:Placement — display area
120 (1) A health warning that is displayed on a cigarette, little cigar or tube must be displayed on a display area that consists of the surface of the tobacco product’s tipping paper.
Marginal note:Exception — cigarette without tipping paper
(2) However, in the case of a cigarette that does not have tipping paper, the health warning must be displayed on a display area that consists of the surface of the paper that covers the rolled tobacco.
Marginal note:Display area — length
(3) The display area must be at least 24 mm in length,
(a) measured, in the case of a cigarette, little cigar or tube, from the end of the cigarette, little cigar or tube that is not designed to be lit; or
(b) measured, in the case of a cigarette referred to in subsection (2), from one of the ends of the cigarette.
Marginal note:Space occupied
(4) The health warning and any attribution of the health warning must occupy the entire length of the display area and at least 80% of the display area around the circumference of the cigarette, little cigar or tube.
Marginal note:Manner of display — official languages
121 (1) The health warning must be displayed on cigarettes, little cigars or tubes in both official languages in such a manner that
(a) the English and French versions each occupy at most 40% of the display area; and
(b) one version is below the other.
Marginal note:Alignment
(2) The health warning must be centered horizontally along the length of the display area of the cigarette, little cigar or tube.
Marginal note:Text
(3) The text of the health warning must be printed on two white backgrounds, with the English version on one and the French version on the other.
Marginal note:Format
(4) The health warning must be displayed on the cigarette, little cigar or tube in “Landscape” format.
Marginal note:Format — length of tipping paper
(5) However, if the tipping paper of the cigarette, little cigar or tube is 30 mm or more in length, the health warning must be displayed in “Elongated Landscape” format.
Marginal note:Subsection 5.3(3) of the Act
122 For the purposes of subsection 5.3(3) of the Act, all colouring agents used to display a health warning or an attribution on a cigarette, little cigar or tube are prescribed additives.
Marginal note:Visibility
123 (1) The entire text of each of the English and French versions of a health warning must be visible under normal conditions of use of a cigarette, little cigar or tube without turning the tobacco product.
Marginal note:Alphanumeric code
(2) The health warning and any attribution of the health warning must be positioned in such a manner that they do not obscure or conceal the alphanumeric code referred to in subsection 63(1), if any.
SCHEDULE
SCHEDULE [Amendments]
SCHEDULE 1(Section 12 and subsection 14(3))
Display Areas for Health Warnings
| Column 1 | Column 2 | |
|---|---|---|
| Item | Type of Package | Display Areas |
| 1 | Slide and shell package | The two largest sides of the package |
| 2 | Slide and shell package with a lateral slide | The two largest sides of the package |
| 3 | Box that is not a carton | If the two largest sides, excluding the top and bottom of the package, have a total surface area greater than the surface area of the top, the two largest sides If the two largest sides, excluding the top and bottom of the package, have a total surface area less than or equal to the surface area of the top, the top |
| 4 | Carton | The two largest sides of the package are the two primary display areas and the next two largest remaining sides are the two secondary display areas |
SCHEDULE 2(Section 17)
Display Areas for Toxic Emissions Statements
| Column 1 | Column 2 | |
|---|---|---|
| Item | Type of Package | Display Areas |
| 1 | Slide and shell package | A side, other than that on which a health warning is displayed, excluding the top and bottom of the package |
| 2 | Slide and shell package with a lateral slide | A side, other than that on which a health warning is displayed, excluding the top and bottom of the package |
| 3 | Box that is not a carton | If the health warnings are displayed on sides other than the top of the package, one of the largest remaining sides, excluding the bottom If the health warning is displayed on the top of the package, one of the largest remaining sides, excluding the bottom |
| 4 | Carton | The remaining sides, other than the sides on which the health warnings are displayed |
RELATED PROVISIONS
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