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Tobacco Products Information Regulations (SOR/2000-272)

Regulations are current to 2020-10-05 and last amended on 2019-11-09. Previous Versions

Tobacco Products Information Regulations

SOR/2000-272

TOBACCO AND VAPING PRODUCTS ACT

TOBACCO ACT

Registration 2000-06-26

Tobacco Products Information Regulations

P.C. 2000-1039 2000-06-21

Whereas, pursuant to section 42.1 of the Tobacco ActFootnote a, the Minister of Health laid a copy of the proposed Tobacco Products Information Regulations, substantially in the annexed form, before the House of Commons on May 12, 2000 and the House of Commons concurred on June 8, 2000 in a report from the Standing Committee on Health approving the proposed Regulations;

Therefore, Her Excellency the Governor General in Council, on the recommendation of the Minister of Health, pursuant to sections 17 and 33 of the Tobacco ActFootnote a, hereby makes the annexed Tobacco Products Information Regulations.

Interpretation

Marginal note:Definitions

 The definitions in this section apply in these Regulations.

Act

Act means the Tobacco and Vaping Products Act. (Loi)

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, other than a tube, a filter or cigarette paper. (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 that has a wrapper, or a wrapper and a binder, composed of natural or reconstituted tobacco. (cigare)

cigarette

cigarette[Repealed, SOR/2011-179, s. 1]

equivalent unit

equivalent unit[Repealed, SOR/2011-179, s. 1]

health information

health information means the information set out in Part 4 of the source document, but does not include the attribution of that information to its source as provided for in subsection 4(1). (information de santé)

health warning

health warning means

  • (a) in respect of cigarette tobacco, kreteks, leaf tobacco and tobacco sticks, the warnings that are set out in Part 1 of the source document;

  • (b) in respect of pipe tobacco, other than pipe tobacco described in subsection 6(1), the warnings that are set out in Part 2 of the source document;

  • (c) in respect of pipe tobacco cigars described in section 6, the warnings that are set out in Part 3 of the source document; and

  • (d) in respect of bidis, chewing tobacco and snuff, the warnings that are set out in subsections 5(4) to (6).

This definition does not include the attribution of those warnings to their source as provided for in subsection 4(1). (mise en garde)

identical products

identical products means tobacco products that

  • (a) contain identical ingredients;

  • (b) are manufactured in an identical manner;

  • (c) have identical dimensions; and

  • (d) perform in an identical manner under the same testing conditions. (produits identiques)

kit

kit means a package that includes any of the following tobacco products together with another tobacco product, which products are intended to be assembled by a consumer for their use:

  • (a) [Repealed, SOR/2011-179, s. 1]

  • (b) cigarette tobacco;

  • (c) leaf tobacco;

  • (d) cigars;

  • (e) pipe tobacco;

  • (f) tobacco sticks;

  • (g) chewing tobacco;

  • (h) snuff;

  • (i) kreteks; or

  • (j) bidis. (trousse)

mainstream smoke

mainstream smoke[Repealed, SOR/2011-179, s. 1]

manufacturer

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

principal display surface

principal display surface, means

  • (a) in the case of a package, carton or kit that has at least two equal sized sides or surfaces, other than the top and bottom, that may be displayed or visible under normal or customary conditions of sale or use, the area of each of two of those sides or surfaces, including the sides of any lid or cover if those sides are part of the sides of the package, carton or kit;

  • (b) in the case of a package, carton or kit that has sides of more than one size, the area of each half of the total area of its largest side;

  • (c) in the case of a package, carton or kit that has a lid or flap that is the part of the package, carton or kit displayed or visible under normal or customary conditions of sale or use, the area of each half of the total area of the top surface of the lid or flap; and

  • (d) in the case of a package, carton or kit that does not have a particular side or surface that is predominantly displayed or visible under normal or customary conditions of sale or use, any two portions that each occupy 40% of the total surface area of the package, carton or kit and that can be displayed or visible under normal or customary conditions of sale or use, excluding, where applicable, the top surface of any lid, but including the side of the lid if the side is a part of the side of the package, carton or kit. (principale surface exposée)

slide

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

source document

source document means the document entitled Health Warnings and Information for Tobacco Products, published by the Department of Health, dated May 12, 2000, as amended on March 30, 2007. (document source)

toxic constituent

toxic constituent means a toxic constituent listed in column 1 of Schedule 2. (constituant toxique)

toxic emission

toxic emission[Repealed, SOR/2011-179, s. 1]

type of package

type of package includes each size of the following types of packages:

  • (a) in respect of bidis, kreteks and tobacco sticks,

    • (i) a slide and shell package,

    • (i.1) a slide and shell package with a lateral slide,

    • (ii) a flip-top package, and

    • (iii) a soft package;

  • (b) in respect of cigarette tobacco and pipe tobacco,

  • (c) in respect of cigars,

  • (d) in respect of chewing tobacco and snuff, a plastic or metal container. (type d’emballage)

unit

unit[Repealed, SOR/2011-179, s. 1]

  • SOR/2011-179, s. 1
  • 2018, c. 9, s. 77

Application

Marginal note:Retail sale

 These Regulations apply to every package of tobacco products, other than cigarettes as defined in section 1 of the Tobacco Products Labelling Regulations (Cigarettes and Little Cigars) and little cigars, that is intended for retail sale.

  • SOR/2011-179, s. 2

General

Marginal note:Must be legible

  •  (1) Any written information that is required by these Regulations to be displayed shall be displayed

    • (a) in both official languages, in the same manner; and

    • (b) in a manner that ensures that the information is legible and prominently displayed.

  • Marginal note:Health warnings and health information

    (2) Health warnings and health information shall

    • (a) except for those set out in subsections 5(4) to (6), be obtained from the Minister and reproduced from electronic images obtained from the electronic files used by the Minister to generate the source document; and

    • (b) be adapted to meet the requirements of paragraph 5(2)(b).

  • Marginal note:Colour and clarity

    (3) All health warnings and health information shall be reproduced

    • (a) in a colour that is as close as possible to the colour in which they are set out in the source document; and

    • (b) as clearly as possible taking into consideration the method of printing used by the manufacturer.

  • SOR/2011-179, s. 3(F)
 
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