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

Marginal note:Equal use

95 Every manufacturer must, to the extent possible, use each health information message set out in each applicable rotation of health information messages in the source document in respect of an equal number of each type of primary package of each brand name of cigarettes, little cigars and cigarette tobacco that they package in a year.

Marginal note:Placement — display area

• 96 (1) A health information message must be displayed on a primary package on the following display areas:

  • (a) in the case of a slide and shell package that contains cigarettes, the exterior surface of the upper slide-flap that is visible when the slide and shell package is used in the customary manner to gain access to the cigarettes;

  • (b) in the case of a cylindrical primary package that contains cigarette tobacco,

    • (i) any portion of the exterior curved surface that remains unoccupied by a health warning,

    • (ii) a removable leaflet that is placed on the interior surface of the lid of the primary package and is in the form of a disc that has a cut-out in its centre, or

    • (iii) the freshness seal of the primary package;

  • (c) in the case of a primary package that has a rectangular cuboid shape when it is closed and that contains cigarette tobacco, any exterior surface that remains unoccupied by a health warning, other than the exterior surface of the bottom;

  • (d) in the case of a primary package that contains cigarette tobacco and that is a pouch or a soft package with a closure that is a longitudinal flap, the interior surface of the flap; and

  • (e) in the case of any other primary package that contains cigarette tobacco, the largest exterior surface of the package that remains unoccupied by a health warning.

• Marginal note:Removable leaflet — extension

  (2) A portion of the surface of the removable leaflet referred to in subparagraph (1)(b)(ii) may extend beyond the edge of the disc if the extended surface displays the phrases set out in subsection 97(2).

• Marginal note:Space occupied

  (3) The health information message and any attribution of the health information message must occupy the following portions of the display area:

  • (a) in the case of a slide and shell package that contains cigarettes, the entire exterior surface of the upper slide-flap that is visible when the slide and shell package is used in the customary manner to gain access to the cigarettes;

  • (b) in the case of a cylindrical primary package that contains cigarette tobacco,

    • (i) for the exterior curved surface, an area of at least 4 240 mm²,

    • (ii) for a removable leaflet referred to in subparagraph (1)(b)(ii), an area of at least 5 650 mm², and

    • (iii) for the freshness seal referred to in subparagraph (1)(b)(iii), an area of at least 7 850 mm²; and

  • (c) in the case of any other primary package that contains cigarette tobacco, an area of at least 4 240 mm².

Marginal note:Manner of display — official languages

• 97 (1) Health information messages must be displayed on primary packages in both official languages in such a manner that

  • (a) in the case of a display area other than a removable leaflet referred to in subparagraph 96(1)(b)(ii), the English and French versions are side by side; and

  • (b) in the case of a removable leaflet referred to in subparagraph 96(1)(b)(ii), the English version is displayed on one side and the French version on the other.

• Marginal note:Removable leaflet — extension

  (2) The extended surface of the removable leaflet referred to in subparagraph 96(1)(b)(ii) may display the phrase “FRANÇAIS AU VERSO” in the English version and the phrase “ENGLISH ON OTHER SIDE” in the French version, printed in a regular weight and width Lucida Sans Serif font style, in characters of 9 points, in black upper case letters, without italics and in bold type.

• Marginal note:Alignment

  (3) A health information message that is displayed on the display area of a primary package that contains cigarette tobacco must be

  • (a) in the case of a display area on a pouch or soft package, centered in the display area and positioned parallel and as close as possible to the top edge of the longitudinal flap; and

  • (b) in the case of a display area other than one referred to in paragraph (a) or subparagraph 96(1)(b)(ii) or (iii), centered in the display area and positioned parallel and as close as possible to the top edge of the primary package.

• Marginal note:Alignment with health warning

  (4) If a health information message is displayed on a display area of a primary package on which a health warning is also displayed, the health information message must be oriented parallel to and in the same direction as the health warning.

• Marginal note:Format

  (5) The health information message must be displayed on the primary package, including on a removable leaflet referred to in subparagraph 96(1)(b)(ii) or on the freshness seal referred to in subparagraph 96(1)(b)(iii), in “Landscape” format.

Marginal note:Manner of display — subsection 92(2) and section 93

• 98 (1) A health information message, and any attribution of the health information message, that is displayed on a leaflet that is referred to in subsection 92(2) or section 93 and inserted in a primary package that contains cigarette tobacco or little cigars must be displayed on a display area that occupies the entire surface area of the leaflet.

• Marginal note:Official languages

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

• Marginal note:Format

  (3) The health information message must be displayed in “Portrait” format on the leaflet .

Toxicity Information

Marginal note:Requirement — primary package and secondary package

• 99 (1) Every primary package and secondary package that contains a tobacco product, other than papers and filters intended for use with a tobacco product, must display toxicity information that consists of the following components:

  • (a) a toxicity information header; and

  • (b) explanatory text related to toxicity.

• Marginal note:Requirement — overwrap

  (2) Every overwrap in which two or more cigars are placed must also display toxicity information that consists of the components referred to in subsection (1).

Marginal note:Source document

• 100 (1) The toxicity information that is required for a tobacco product is the toxicity information 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;

  • (c) in the case of cigarette tobacco and tubes, Section C;

  • (d) in the case of cigars, Section D;

  • (e) in the case of pipe tobacco, Section E;

  • (f) in the case of chewing tobacco and snuff, Section F;

  • (g) Section G, in the case of

    • (i) 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,

    • (ii) devices referred to in subparagraph (i), and

    • (iii) parts that may be used with those devices;

  • (h) in the case of water pipe tobacco, Section H; and

  • (i) in the case of other tobacco products made in whole or in part of tobacco, Section I.

• Marginal note:Toxicity information — rotation

  (2) The labelling elements related to toxicity information that are set out in the source document for each type of tobacco product 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 the following periods:

  • (a) in the case of cigarettes, little cigars, cigarette tobacco and tubes, 24 months; and

  • (b) in the case of any other tobacco product, 36 months.

• Marginal note:First rotation

  (3) Despite paragraph (2)(a), in the case of cigarettes, little cigars, cigarette tobacco and tubes, the first rotation of labelling elements related to toxicity information 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 labelling elements related to toxicity information that are 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).

• Marginal note:Retail sale continued

  (5) Despite paragraph (2)(b), if a new rotation of labelling elements related to toxicity information becomes applicable in respect of a type of tobacco product referred to in that paragraph that is sold, by a retailer, in a package that displays a labelling element related to toxicity information of the preceding rotation, the preceding rotation continues to apply.

Marginal note:Equal use

101 Every manufacturer must, to the extent possible, use each labelling element related to toxicity information that is set out in each applicable rotation in the source document in respect of an equal number of each type of package of each brand name of tobacco products that they package in a year.

Marginal note:Placement — display area

• 102 (1) Toxicity information must be displayed on the following display areas:

  • (a) in the case of a primary package that has a rectangular cuboid shape when it is closed,

    • (i) for a slide and shell package that contains cigarettes, the exterior surface of one of its sides, and

    • (ii) for any other primary package, one of the largest exterior surfaces of the package that remains unoccupied by a health warning or health information message, other than the exterior surface of the bottom;

  • (b) in the case of a cylindrical primary package that contains cigarette tobacco or that is a cigar tube, any portion of the exterior surface that remains unoccupied by a health warning or health information message, other than the exterior surface of the bottom;

  • (c) in the case of any other cylindrical primary package, any portion of the exterior surface that remains unoccupied by a health warning or health information message;

  • (d) in the case of a primary package that is a three-sided pouch or three-sided soft package, any exterior surface of the package that remains unoccupied by a health warning or health information message, other than the exterior surface of the bottom;

  • (e) in the case of any other primary package, any exterior surface of the package that remains unoccupied by a health warning or health information message;

  • (f) in the case of a secondary package that is a carton, the exterior surface of one of its sides; and

  • (g) in the case of an overwrap, any exterior surface of the overwrap that remains unoccupied by a health warning, other than the exterior surface of the bottom.

• Marginal note:Space occupied

  (2) The toxicity information and any attribution of the toxicity information must occupy the following portions of the display area of a package:

  • (a) in the case of a slide and shell package that contains cigarettes, the entire exterior surface of one of its sides;

  • (b) in the case of a primary package that is a cigar tube, the portion that constitutes 25% of the display area around the circumference of the cigar tube and 95% of the length of the display area, measured from the edge of the lid of the cigar tube;

  • (c) in the case of any other primary package that contains a tobacco product,

    • (i) if the display area is less than 1 000 mm² in size, the entire display area, and

    • (ii) if the display area is 1 000 mm² or more in size, at least the greater of 30% of the display area and 1 000 mm²;

  • (d) in the case of a secondary package that is a carton, at least 50% of the display area; and

  • (e) in the case of an overwrap,

    • (i) if the display area is less than 10 000 mm² in size, an area of at least 1 800 mm², and

    • (ii) if the display area is 10 000 mm² or more in size, an area of at least 3 000 mm².

• Marginal note:Exception — large display area

  (3) The portion of the display area that the toxicity information occupies need not exceed 3 000 mm², except in the case of a secondary package that is a carton.

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.