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

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).