Government of Canada / Gouvernement du Canada
Symbol of the Government of Canada

Search

Tobacco Products Regulations (Plain and Standardized Appearance) (SOR/2019-107)

Regulations are current to 2020-03-05 and last amended on 2019-11-09. Previous Versions

Tobacco Products Regulations (Plain and Standardized Appearance)

SOR/2019-107

TOBACCO AND VAPING PRODUCTS ACT

Registration 2019-04-24

Tobacco Products Regulations (Plain and Standardized Appearance)

P.C. 2019-380 2019-04-23

Her Excellency the Governor General in Council, on the recommendation of the Minister of Health, pursuant to sections 7Footnote a and 33Footnote b of the Tobacco and Vaping Products ActFootnote c, makes the annexed Tobacco Products Regulations (Plain and Standardized Appearance).

General

Interpretation

Marginal note:Definitions

  •  (1) The following definitions apply in these Regulations.

    Act

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

    carton

    carton means a secondary package that contains two or more primary packages. (cartouche)

    drab brown

    drab brown means the colour known as Pantone 448 C. (brun terne)

    gray

    gray means the colour known as Pantone Cool Gray 2 C. (gris)

    health warning

    health warning, in respect of a tobacco product, has the same meaning as in the Tobacco Products Information Regulations or the Tobacco Products Labelling Regulations (Cigarettes and Little Cigars), as applicable. (mise en garde)

    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)

    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)

    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.

  • Marginal note:Interpretation — overwrap

    (5) In these Regulations, a reference to an interior or exterior surface of a package that contains a tobacco product does not include a reference to an overwrap.

Application

Marginal note:Tobacco product and package — retail sale

  •  (1) These Regulations apply to every package that contains a tobacco product and that is intended for retail sale in Canada, as well as to every tobacco product that is intended for retail sale in Canada.

  • Marginal note:Package that does not contain tobacco products

    (2) These Regulations also apply to a package that does not contain a tobacco product, if the package is furnished by a manufacturer of a tobacco product so that a tobacco product, primary package or secondary package may be placed in it after the tobacco product, primary package or secondary package is sold at retail in Canada.

Marginal note:Non-application

 These Regulations do not apply to a package that contains a tobacco product and that is intended to be distributed to a manufacturer or retailer.

Marginal note:Interior surfaces

  •  (1) For greater certainty, a provision of these Regulations that applies to any interior surface of a primary package that contains cigarettes applies to each surface of the slide of a slide and shell package — including the upper slide-flap and lower slide-flap — with the exception of any surface that forms the exterior surface of the top or bottom of the package when it is closed.

  • Marginal note:Carton

    (2) For greater certainty, a provision of these Regulations that applies to any interior surface of a secondary package applies to each surface of a carton that forms its flaps and that is visible only when the carton is opened.

Purpose

Marginal note:Plain and standardized packaging

  •  (1) For the purposes of section 23 of the Act, these Regulations set out the requirements that manufacturers of tobacco products must meet in respect of the plain and standardized appearance, shape and content of tobacco product packages.

  • Marginal note:Information — package

    (2) For the purposes of section 15.3 of the Act, these Regulations set out the requirements that manufacturers of tobacco products must meet in respect of the manner of displaying information on or in tobacco product packages, including the form and placement of the information.

Marginal note:Product standards and markings

 For the purposes of sections 5 and 5.3 of the Act, these Regulations also establish standards that manufacturers of tobacco products must meet in respect of the plain and standardized appearance and shape of tobacco products and set out requirements that manufacturers must meet in respect of the markings that may be displayed on tobacco products.

PART 1Tobacco Product Packaging

General Requirements

Package Contents

Marginal note:Primary package

  •  (1) A primary package may contain only a tobacco product, a lining and a leaflet.

  • Marginal note:Secondary package

    (2) A secondary package may contain only a primary package or other secondary package, as well as any overwrap covering those packages.

Standardized Physical Design Features

Marginal note:Secondary package shape

 Every secondary package 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:Brand element, colour or information

 Except as otherwise provided by or under the Act, any other Act of Parliament or any Act of the legislature of a province, the interior and exterior surfaces of a primary package and of a secondary package must not display any brand element or any colour or information.

Marginal note:Standardized colour

  •  (1) Except as otherwise provided by these Regulations, every interior and exterior surface of a primary package and of a secondary package must be drab brown.

  • Marginal note:Exception — required information

    (2) Other colours may be used on the interior and exterior surfaces to display a health warning or other information that is required by or under the Act, any other Act of Parliament or any Act of the legislature of a province in accordance with the requirements imposed by or under that Act, other Act of Parliament or Act of the legislature of a province.

  • Marginal note:Exception — package made of metal or wood

    (3) An interior surface of a primary package that is made of metal or wood may be the natural colour of the metal or wood.

Marginal note:Finish

 Except as otherwise provided by or under the Act, any other Act of Parliament or any Act of the legislature of a province, every interior and exterior surface of a primary package and of a secondary package must have a matte finish.

Marginal note:Adhesive substance

 Any adhesive substance that is used on an interior or exterior surface of a primary package or of a secondary package or on any lining or overwrap must be transparent and colourless.

 
Date modified: