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

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-fl€ap

• 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).