Interpretation

Marginal note:Definitions

1 The following definitions apply in these Regulations.

box

box means a package that has rectangular sides and a lid. (boîte)

brand

brand means all of the brand elements that as a whole are used by a manufacturer to identify to a consumer a tobacco product made by the manufacturer. (marque)

carton

carton means a package that contains two or more packages of a tobacco product. (cartouche)

cigarette

cigarette includes any roll or tubular construction that contains tobacco and is intended for smoking, other than a bidi, cigar, kretek, little cigar or tobacco stick. (cigarette)

component

component means, with respect to a labelling element,

• (a) in the case of a health warning, the image, the title, the explanatory text or related information;

• (b) in the case of a toxic emissions statement, the text;

• (c) in the case of a health information message, the image or the text; and

• (d) the attribution of a labelling element to its source as provided for in subsection 6(1) if the attribution appears in a display area or on a leaflet, even though the attribution is not a labelling element. (composante)

display area

display area means a side, or part of a side, of a package specified as a display area in accordance with sections 12, 17 and 22. (zone d’application)

exterior surface of the slide

exterior surface of the slide means, in respect of a slide and shell package, the exterior surface of the slide, other than the flaps of the slide, when the package is used in the customary manner to gain access to the tobacco product. (surface extérieure du tiroir)

health information message

health information message means the following messages, but does not include the attribution of those messages to their source as provided for in subsection 6(1):

• (a) in respect of cigarettes, the messages set out in Part 3 of Division A of the source document; and

• (b) in respect of little cigars, the messages set out in Part 3 of Division B of the source document. (message d’information sur la santé)

health warning

health warning means the following warnings, but does not include the attribution of those warnings to their source as provided for in subsection 6(1):

• (a) in respect of cigarettes, the warnings set out in Part 1 of Division A of the source document; and

• (b) in respect of little cigars, the warnings set out in Part 1 of Division B of the source document. (mise en garde)

labelling element

labelling element means a health warning, toxic emissions statement or health information message. (élément d’étiquetage)

manufacturer

manufacturer does not include an individual or entity that only packages or only distributes tobacco products on behalf of a manufacturer. (fabricant)

slide

slide means the sliding portion of a slide and shell package. (tiroir)

source document

source document means the document entitled Labelling Elements for Tobacco Products (Cigarettes and Little Cigars), published by the Department of Health, dated May 27, 2011. (document source)

tobacco product

tobacco product means a cigarette or little cigar. (produit du tabac)

top edge

top edge means

• (a) in respect of a cylindrical package, the edge that is in the horizontal plane and that forms the upper limit of the side of the package, which side excludes the top of the package but includes the side of the lid when the side forms part of the side of the package;

• (b) in respect of a package other than a cylindrical package, the edge that is in the horizontal plane and that forms the upper limit of the package when the package is used in the customary manner to gain access to the tobacco product; and

• (c) in respect of an exterior surface of a slide, the edge that is in the horizontal plane and that forms the upper limit of that surface when the package is used in the customary manner to gain access to the tobacco product. (arête supérieure)

toxic emissions statement

toxic emissions statement means the following statements, but does not include the attribution of those statements to their source as provided for in subsection 6(1):

• (a) in respect of cigarettes, the statements set out in Part 2 of Division A of the source document; and

• (b) in respect of little cigars, the statements set out in Part 2 of Division B of the source document. (énoncé sur les émissions toxiques)

upper slide-flap

upper slide-flap means, in respect of a slide and shell package, the 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)

Application

Marginal note:Retail sale

• 2 (1) These Regulations apply to packages of tobacco products that are intended for retail sale.

• Marginal note:Overwraps

  (2) These Regulations also apply to overwraps used as cartons that are intended for retail sale.

General Provisions

Marginal note:Electronic files

3 A manufacturer must obtain from the Minister, in the form of electronic files, the labelling elements set out in the source document, including the attribution of the labelling elements to their source, and display them on packages or leaflets in accordance with these Regulations.

Marginal note:Printing

4 A labelling element and any attribution of its source that is displayed on a package or leaflet must be printed

• (a) in colours that are as close as possible to the colours in which the labelling element and source attribution are set out in the source document; and

• (b) with the greatest clarity possible taking into consideration the printing method used.

Marginal note:Legibility and official languages

5 Text contained in a labelling element must be legible and displayed in both official languages in the same manner.

Marginal note:Retention of attribution

• 6 (1) If a manufacturer chooses to display the attribution contained in the electronic files, they must display it in the same manner as it is presented in the source document or in accordance with section 10.

• Marginal note:Removal of attribution

  (2) If a manufacturer chooses to remove the attribution contained in the electronic files, they must only remove the phrases “Health Canada” and “Santé Canada”.

Marginal note:Visibility

7 A labelling element, or a component of a labelling element, must not be concealed or obscured, except partially

• (a) by an excise stamp in accordance with subsection 11(2); or

• (b) by a tear tape required under provincial legislation.

Marginal note:Integrity

• 8 (1) The customary method of opening the package must not damage the labelling element or make it illegible.

• Marginal note:Severed package

  (2) If the customary method of opening the package severs the labelling element,

  • (a) the integrity of the labelling element must be restored when the package is closed; and

  • (b) two lines of text within the labelling element may be separated, but no letter, numeral or other character may be severed.

• Marginal note:Non-application

  (3) Subsection (1) does not apply to a package that is ordinarily torn or discarded after opening.

Marginal note:Permanence

9 A labelling element that is displayed on a package or a leaflet must be irremovable.

Marginal note:Adaptation

10 If a labelling element does not fit the portion of the display area that it must occupy or does not fit the dimensions of a leaflet that are determined in accordance with subsections 29(1) and (2), the labelling element must be adapted in accordance with the following requirements:

• (a) its components must, to the extent possible, maintain the scale of the components in the source document;

• (b) the positions of the components must, to the extent possible, be maintained relative to each other;

• (c) the text may only be displaced to meet the requirements of section 8 or subsection 11(2); and

• (d) the number of lines of text may only be adapted to avoid distortion of a component.

Marginal note:Stamp

• 11 (1) A labelling element must not be applied on an excise stamp that is required under the Stamping and Marking of Tobacco Products Regulations.

• Marginal note:Coverage

  (2) A labelling element may be concealed only by an excise stamp but to the least extent possible and to a maximum surface area of 180 mm². In that case, the labelling element must be adapted in accordance with section 10 so that no component is concealed by the excise stamp.

Health Warnings

Marginal note:Display areas

• 12 (1) Subject to subsection (2), health warnings must be displayed in respect of each type of package set out in column 1 of Schedule 1 on the display areas set out in column 2.

• Marginal note:Other packages

  (2) In respect of a type of package that is not set out in Schedule 1, health warnings must be displayed on the following display areas:

  • (a) in the case of a package that has at least two equal-sized sides, other than the top and bottom of the package, two of those sides that are opposite sides of the package and one of which is visible when the package is used in the customary manner to gain access to the tobacco product, including the sides of any lid if those sides are part of the sides of the package; and

  • (b) in the case of any other package, the largest side that is visible when the package is used in the customary manner to gain access to the tobacco product.

Marginal note:Portion of display area

• 13 (1) The portion of a display area of a package on which a health warning must be displayed is at least 75% of each display area referred to in section 12.

• Marginal note:Determination of portion of display area

  (2) The portion of a display area of a soft package is determined in accordance with subsection (3), the portion of a display area of a three-sided package is determined in accordance with subsection (4), the portion of a display area of a cylindrical package is determined in accordance with subsection (5) and the portion of a display area of all other types of packages is determined in accordance with subsections (6) and (7).

• Marginal note:Soft packages

  (3) In the case of a soft package, the portion of the display area runs along a line that is parallel to and not more than 12 mm below the top edge of the package and extends from the left edge to the right edge of the display area.

• Marginal note:Three-sided packages

  (4) In the case of a three-sided package, the portion of the display area runs along a line that is parallel to the top edge of the package and not more than 12 mm below the tear line and extends from the left edge to the right edge of the display area.

• Marginal note:Cylindrical packages

  (5) In the case of a cylindrical package, the portion of the display area runs along the line of separation between the lid and the side of the package, extends towards the bottom of the package and is bounded by the left and right limits of the display area.

• Marginal note:Vertical

  (6) If, in relation to the top edge of a package, the height to width ratio of the display area is greater than or equal to 0.5, then the portion of the display area runs along that top edge and extends from the left edge to the right edge of the display area.

• Marginal note:Horizontal

  (7) If, in relation to the top edge of a package, the height to width ratio of the display area is less than 0.5, then the portion of the display area runs along the left edge of the display area and extends from the bottom edge to the top edge of the package.

• Marginal note:Space occupied and orientation of text

  (8) A health warning must completely occupy the portion of the display area and must be oriented in such a manner that its text is readable from left to right when the package is used in the customary manner to gain access to the tobacco product.

Marginal note:Package — two display areas

• 14 (1) If a package has two display areas, the English version of a health warning set out in Set 1 of Part 1 of the source document must be displayed on one display area and the French version must be displayed on the other.

• Marginal note:Package — one display area

  (2) If a package has one display area, a health warning in English and French set out in Set 2 of Part 1 of the source document must be displayed on the display area.

• Marginal note:Package — cartons

  (3) In the case of a carton, the English version of a health warning set out in Set 1 of Part 1 of the source document must be displayed on one of the primary display areas set out in column 2 of item 10 of Schedule 1 and the French version must be displayed on the other. The English version of a different health warning set out in that Set 1 must be displayed on one of the two secondary display areas set out in the same column of the same item and the French version must be displayed on the other.

Marginal note:Proportional display

15 A manufacturer must, in respect of each type of package of each brand of tobacco product that they package in a year, display each health warning on between 3.25% and 9.25% of the packages of those products.

Marginal note:Formats

16 The format of a health warning set out in the source document that must be displayed on a package is the following:

• (a) if the height to width ratio of the portion of the display area is less than 0.5, the “Elongated Landscape” format;

• (b) if the height to width ratio of the portion of the display area is greater than or equal to 0.5 but less than or equal to 1.0, the “Landscape” format;

• (c) if the height to width ratio of the portion of the display area is greater than 1.0 but less than or equal to 2, the “Portrait” format; and

• (d) if the height to width ratio of the portion of the display area is greater than 2, the “Elongated Portrait” format.

Toxic Emissions Statements

Marginal note:Display areas

• 17 (1) Subject to subsection (2), a toxic emissions statement must be displayed in respect of each type of package set out in column 1 of Schedule 2 on the display areas set out in column 2.

• Marginal note:Other packages

  (2) In the case of a type of package that is not referred to in Schedule 2, a toxic emissions statement must be displayed on the display area that is the largest side of the package, other than the side or sides on which a health warning is displayed.

Marginal note:Space occupied — small display area

• 18 (1) If the display area on which the toxic emissions statement is required to be displayed is less than 10 cm², the statement must completely occupy the display area.

• Marginal note:Space occupied — large display area

  (2) In any other case except for cartons, if the display area on which the toxic emissions statement is required to be displayed is equal to or greater than 10 cm², the statement must occupy the greater of 60% of the display area and 10 cm².

• Marginal note:Surface area

  (3) Except in the case of cartons, the portion of the display area on which the toxic emissions statement is required to be displayed does not have to exceed a surface area of 30 cm².

• Marginal note:Cartons

  (4) In the case of a carton, the portion of the display area on which the toxic emissions statement must be displayed is at least 50% of the display area.

• Marginal note:Soft packages

  (5) In the case of a soft package, the portion of the display area runs along a line that is parallel to and not more than 12 mm below the top edge of the package and extends from the left edge to the right edge of the display area.

• Marginal note:Cylindrical packages

  (6) In the case of a cylindrical package, the portion of the display area runs along the line of separation between the lid and the side of the package, extends towards the bottom of the package and is bounded by the left and right limits of the display area.

• Marginal note:Space occupied

  (7) For the purposes of subsections (2) to (6), the toxic emissions statement must completely occupy the portion of the display area.

Marginal note:Bilingual toxic emissions statement

19 A toxic emissions statement must be displayed in English and French in the display area or the portion of the display area, as the case may be.

Marginal note:Proportional display

20 A manufacturer must, in respect of each type of package of each brand of tobacco product that they package in a year, display each toxic emissions statement on between 22% and 28% of those products.

Marginal note:Formats

21 The format of a toxic emissions statement set out in the source document that must be displayed on a package is the following:

• (a) if the surface area of the display area or the portion of the display area, as the case may be, is less than or equal to 10 cm², the “Landscape” format; and

• (b) if the surface area of the display area or the portion of the display area, as the case may be, is greater than 10 cm², the “Elongated Landscape” format.

Health Information Messages

Marginal note:Display areas

• 22 (1) Subject to subsections (3) and (4), in the case of a slide and shell package, other than a slide and shell package with a lateral slide, a health information message must be displayed on either the two display areas of the package which are the upper slide-flap and the exterior surface of the slide or on a leaflet inserted in the package.

• Marginal note:Orientation of health information message

  (2) When the package is used in the customary manner to gain access to the tobacco product, the health information message on the upper slide-flap and on the exterior surface of the slide must be oriented in the same direction as the health warning displayed on the package.

• Marginal note:Exception — surface area

  (3) If the surface area of the exterior surface of the slide is less than 55 cm², a health information message must be displayed on a leaflet inserted in the package.

• Marginal note:Exception — height to width ratio

  (4) If, in relation to the top edge of the exterior surface of the slide, the height to width ratio of the exterior surface of the slide is greater than one, a health information message must be displayed on a leaflet inserted in the package.

Marginal note:Leaflet

23 Subject to section 22, a health information message must be displayed on a leaflet inserted in the package except in the case of cylindrical packages, soft packages, two-sided packages, three-sided packages and cartons other than cartons containing soft packages. In the case of cartons containing soft packages the health information message must be displayed on a leaflet inserted in the carton.

Marginal note:Space occupied

24 A health information message must completely occupy the two display areas of a slide and shell package or the two sides of a leaflet.

Marginal note:Health information message — slide and shell package

• 25 (1) The health information message required to be displayed on a slide and shell package must be one of those set out in section A of Part 3 of the source document.

• Marginal note:Health information message — leaflet

  (2) The health information message required to be displayed on a leaflet must be one of those set out in section B of Part 3 of the source document.

Marginal note:Proportional display

26 A manufacturer must, in respect of each type of package of each brand of tobacco product that they package in a year, display each health information message on between 9.5% and 15.5% of the packages or leaflets, as the case may be.

Marginal note:Formats

27 The format of a health information message set out in the source document that must be displayed on a slide and shell package is the following:

• (a) if the height to width ratio of the exterior surface of the slide is less than 0.5, the “Elongated Landscape” format;

• (b) if the height to width ratio of the exterior surface of the slide is greater than or equal to 0.5 but less than 1.0, the “Landscape” format; and

• (c) if the height to width ratio of the exterior surface of the slide is greater than or equal to 1.0, the “Portrait” format.

Marginal note:Bilingual health information messages — slide and shell package

28 A health information message must be displayed in English and French in the display areas of a slide and shell package.

Marginal note:Size of leaflet

• 29 (1) A leaflet on which a health information message is displayed must be the largest possible size that the dimensions of the package will allow without the leaflet being folded, and must be at least 65 mm high and 43 mm wide. If the dimensions of a package will not allow the insertion of a leaflet that is at least 65 mm high and 43 mm wide, the leaflet may be folded once lengthwise to allow it to be inserted in the package and, if necessary, folded a second time.

• Marginal note:Surface area

  (2) A leaflet does not have to exceed a surface area of 224 cm² as calculated on the basis of the height and width of one side of the leaflet.

• Marginal note:Visibility and readability

  (3) A leaflet must be readily visible when the package is used in the customary manner to gain access to the tobacco product, be easily removable and be placed in the package in a manner that makes the text of the message, or some portion of the text, readable without further manipulation.

Marginal note:Formats

30 The format of a health information message that must be displayed on a leaflet is the following:

• (a) if the height to width ratio of the leaflet is less than or equal to 2, the “Portrait” format; and

• (b) if the height to width ratio of the leaflet is greater than 2, the “Elongated Portrait” format.

Marginal note:Bilingual health information messages — leaflets

31 The English version of a health information message must be displayed on one side of the leaflet and the French version on the other.

Transitional Provisions

• 32 (1) In this section, former Regulations means the Tobacco Products Information Regulations as they read immediately before the day on which these Regulations come into force.

• (2) Despite these Regulations, if a package of a tobacco product or any accompanying leaflet displays information in accordance with the former Regulations and the product is sold or distributed by a manufacturer, the former Regulations continue to apply to the package or the leaflet during the period of 180 days after the coming into force of these Regulations.

• (3) Despite these Regulations, if a package of a tobacco product or any accompanying leaflet displays information in accordance with the former Regulations and the product is sold by a retailer, the former Regulations continue to apply to the package or the leaflet during the period of 270 days after the coming into force of these Regulations.

Coming into Force

33 These Regulations come into force on the day on which they are registered.