Tobacco Products Appearance, Packaging and Labelling Regulations

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]