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

Marginal note:Bar code

• 16 (1) A primary package and a secondary package may display a bar code that is rectangular in shape, does not contain any image or design and is no more than 40 mm by 20 mm in size.

• Marginal note:Bar code — manner of display

  (2) The bar code may be displayed on a primary package and a secondary package if it is displayed in such a manner that the code

  • (a) has a matte finish and is printed in either black and white or in drab brown and white;

  • (b) is displayed only once on the primary package and once on the secondary package; and

  • (c) in the case of a package that has a rectangular cuboid shape when it is closed, is displayed on only the exterior surface of the top, bottom or any one of the sides of the package.

Marginal note:Means of electronic communication

• 17 (1) The interior and exterior surfaces of a primary package and of a secondary package, as well as any lining, leaflet and overwrap, must not include any feature that is designed to permit access remotely to any promotion by a means of electronic communication.

• Marginal note:Other types of information

  (2) The surfaces, lining, leaflet and overwrap may include a feature that is designed to permit access remotely to other types of information by a means of electronic communication if the feature becomes visible only through technological means or meets the requirements imposed by or under the Act, any other Act of Parliament or any Act of the legislature of a province.

Marginal note:Feature to prevent counterfeiting

• 18 (1) A feature that is designed to prevent counterfeiting may be displayed on an exterior surface of a primary package or of a secondary package if the feature

  • (a) is required under an enactment of a foreign government;

  • (b) is a QR code, DotCode or Data Matrix;

  • (c) is rectangular in shape and does not contain any image or design;

  • (d) is no more than 40 mm by 20 mm in size;

  • (e) has a matte finish and is printed in either black and white or in drab brown and white;

  • (f) is displayed only once on each package; and

  • (g) in the case of a package that has a rectangular cuboid shape when it is closed, is displayed on only the exterior surface of the top, bottom or any one of the sides of the package.

• Marginal note:Definition of QR code, DotCode and Data Matrix

  (2) For the purposes of this section, QR code, DotCode and Data Matrix have the same meanings as in Article 21 of the Commission Implementing Regulation (EU) 2018/574 of December 15, 2017 on Technical Standards for the Establishment and Operation of a Traceability System for Tobacco Products.

Marginal note:Calibration marks

19 Calibration marks that are necessary for the automated manufacturing of a primary package or of a secondary package may be displayed on any of its interior or exterior surfaces, if those marks are not visible when the package is used in the customary manner to gain access to the tobacco product.

Marginal note:Scent and sound

• 20 (1) The interior and exterior surfaces of a primary package and of a secondary package, as well as any lining, leaflet and overwrap, must not be capable of emitting a scent or sound.

• Marginal note:Exception — packages made of wood

  (2) However, the interior and exterior surfaces of a primary package and of a secondary package that are made of wood may emit the natural scent of the wood.

Marginal note:Cut-out window

21 The interior and exterior surfaces of a primary package and of a secondary package must not include any cut-out window that permits the contents of the package to be visible without opening it.

Marginal note:Sticker and tab

• 22 (1) Subject to subsections (2) and (5), the interior and exterior surfaces of a primary package and of a secondary package must not include any sticker or tab.

• Marginal note:Exception — required or authorized information

  (2) The exterior surfaces of a primary package and of a secondary package may include an irremovable sticker that displays information that is required or authorized by or under the Act, any other Act of Parliament or any Act of the legislature of a province, if the sticker is placed on an exterior surface in such a manner that it does not conceal or obscure any such information on the package.

• Marginal note:Sticker — surface

  (3) The sticker is deemed to form a part of the surface on which it is placed.

• Marginal note:Sticker — requirements

  (4) However, only the requirements of sections 9 to 12, subsections 13(1) and 14(1) and sections 17 and 20 apply to the sticker.

• Marginal note:Exception — pouch or soft package

  (5) An interior and exterior surface of a primary package that is a pouch or a soft package may include a rectangular tab for resealing the package after opening if the tab

  • (a) does not conceal or obscure any information required by or under the Act, any other Act of Parliament or any Act of the legislature of a province; and

  • (b) does not display any brand element or any information.

• Marginal note:Tab — requirements

  (6) Only the requirements of subsection 10(1) and sections 11 and 12, subsections 13(1), 14(1) and 17(1) and section 20 apply to the tab.

• Marginal note:Transparent and colourless sticker or tab

  (7) Any tab or sticker that covers any information required by or under the Act, any other Act of Parliament or any Act of the legislature of a province must be transparent and colourless.

Marginal note:Lining

23 Except as otherwise provided by these Regulations, any lining that is placed in a primary package must

• (a) be white or drab brown;

• (b) have a matte finish and no variations in colour tone;

• (c) not display any brand element or any information; and

• (d) have a smooth texture, without any raised features, embossing, decorative ridges, bulges or other irregularities aside from embossed dots or squares that are required for the automated manufacturing process and that are uniform in size and equidistant.

Marginal note:Overwrap

24 Except as otherwise provided by these Regulations, any overwrap that covers a primary package or secondary package must

• (a) mould to the primary package or secondary package that it covers;

• (b) be transparent and colourless;

• (c) not include any tear tape;

• (d) not display any brand element; and

• (e) not display any information or features.

Marginal note:Overwrap — more than one primary package

25 If an overwrap covers more than one primary package, the following information and features may be displayed on it:

• (a) calibration marks that meet the requirements of section 19;

• (b) a bar code, if it is displayed only once on the overwrap, meets the requirements of subsection 16(1) and paragraph 16(2)(a) and is printed directly on the overwrap or on a label that meets the requirements of subsections 11(1), 13(1) and 14(1) that are applicable to interior and exterior surfaces;

• (c) a solid black rectangle to cover the bar code on each primary package;

• (d) the declaration of net quantity and the common name of the tobacco product, printed in white on a black rectangle, if they are oriented parallel to and in the same direction as any information that is displayed on the surface that the overwrap covers; and

• (e) a health warning and any other information that is required or authorized by or under the Act, any other Act of Parliament or any Act of the legislature of a province.

Marginal note:Tear tape

26 An overwrap that covers a primary package or secondary package may include a single tear tape that

• (a) is made of plastic, is transparent and is either colourless or the colour required by or under an Act of the legislature of a province;

• (b) forms a straight line that has a uniform width of no more than 3.5 mm around the package or the width required by or under an Act of the legislature of a province;

• (c) is parallel to any straight edge of the package and perpendicular to the opening of the package;

• (d) is designed in such a manner that the entire overwrap is removed once the tear tape is torn; and

• (e) displays only information that is required or authorized by or under the Act, any other Act of Parliament or any Act of the legislature of a province.

Text Size, Style and Placement

Information

Marginal note:Text style and colour

• 27 (1) Except as otherwise provided by or under the Act, any other Act of Parliament or any Act of the legislature of a province, any text that is displayed on a primary package or secondary package, or on any overwrap covering the package, must have a matte finish and be printed in a regular weight and width Lucida Sans Serif font style, without italics, and in gray.

• Marginal note:Spacing

  (2) The space between every word that forms part of an expression must be no more than 4 mm.

Brand Name

Marginal note:Brand name — no colour or filter characteristic

28 A brand name that is not prohibited by the Act may be displayed in accordance with these Regulations on a primary package and a secondary package, if the brand name does not evoke a colour or a characteristic of a filter.

Marginal note:Placement

• 29 (1) In the case of a primary package or secondary package that has a rectangular cuboid shape when it is closed, the brand name may be displayed only once on each exterior surface of the front, back, top, bottom and sides of the package.

• Marginal note:Cylindrical package

  (2) Subject to subsection (3), the brand name may be displayed only once on each of the following surfaces of a cylindrical primary package or secondary package:

  • (a) the exterior surface of the top and bottom of the package; and

  • (b) the exterior curved surface of the front and back of the package.

• Marginal note:Cigar tube

  (3) The brand name may be displayed only once on a cigar tube.

• Marginal note:Other primary package or secondary package

  (4) In the case of any other primary package or secondary package, the brand name may be displayed only once on each exterior surface of the package.

Marginal note:Text size and style

• 30 (1) Any brand name that is displayed on a primary package or secondary package must

  • (a) be printed in alphabetic characters of 14 points; and

  • (b) form only one line of text.

• Marginal note:Capital letter

  (2) Only the first letter of each word in the brand name may be a capital letter.

Marginal note:Manner of display

• 31 (1) If a brand name is displayed on an exterior surface of a primary package or secondary package and a health warning is also displayed on that surface, the brand name must be oriented parallel to and in the same direction as the health warning and must be centered in the area of that surface that remains unoccupied by the health warning and any other information that is required or authorized by or under the Act, any other Act of Parliament or any Act of the legislature of a province.

• Marginal note:Other cases

  (2) If a brand name is displayed on an exterior surface of a primary package or secondary package, and no health warning is displayed on that surface, the brand name must be

  • (a) oriented parallel to and in the same direction as any other information that is displayed on that surface and centered in the remaining area of that surface; or

  • (b) centered on that surface, if no other information is displayed on it.

• Marginal note:Exception — cigar tube

  (3) Subsections (1) and (2) do not apply to a cigar tube.

Manufacturer Information and Declaration of Net Quantity

Marginal note:Manufacturer identity and principal place of business

• 32 (1) The manufacturer’s identity and principal place of business may be displayed only once on every primary package and secondary package and must be printed in characters of 10 points.

• Marginal note:Package — rectangular cuboid shape

  (2) In the case of a primary package or secondary package that has a rectangular cuboid shape when it is closed, the manufacturer’s identity and principal place of business may be displayed on the exterior surface of only one of the sides of the package.

Marginal note:Manner of display

33 In the case of any primary package or secondary package, other than a cylindrical package, the manufacturer’s identity and principal place of business must be oriented parallel to and in the same direction as any other information that is displayed on the same exterior surface.