Tobacco Industry Reporting: Tobacco Reporting Regulations

Interpretations

Definitions

1. The definitions in this section apply in these Regulations.

"accredited representative"
« représentant accrédité»

"accredited representative" means a person who is entitled to the tax exemptions specified in Article 34 of the Convention set out in Schedule I to the Foreign Missions and International Organizations Act or Article 49 of the Convention set out in Schedule II to that Act.

"Act"
« Loi »

"Act" means the Tobacco Act.

"brand"
« marque »

"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.

"cigar"
« cigare »

"cigar" includes

(a) a cigarillo or cheroot; and
(b) any roll or tubular construction intended for smoking that consists of a filler composed of pieces of natural or reconstituted leaf tobacco, a binder of natural or reconstituted leaf tobacco in which the filler is wrapped, and a wrapper of natural or reconstituted leaf tobacco.

"cigarette"
« cigarette »

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

"constituent"
« constituant »

"constituent" means a constituent listed in column 1 of Schedule 1.

"consumer tobacco product"
« produit du tabac pour consommation »

"consumer tobacco product" means any of the following types of tobacco product that is for use by a consumer:

1. cigarettes;
2. cigarette tobacco;
3. leaf tobacco;
4. cigars;
5. pipe tobacco;
6. tobacco sticks;
7. smokeless tobacco;
8. kreteks;
9. bidis; and
10. any kit.

"designated tobacco product"
« produit du tabac désigné »

"designated tobacco product" means any of the following types of consumer tobacco product:

1. cigarettes;
2. cigarette tobacco;
3. leaf tobacco;
4. tobacco sticks; and
5. kreteks.

"duty free shop"
« boutique hors taxes »

" "duty free shop" has the same meaning as in subsection 2(1) of the Customs Act.

"emission"
« émission »

"emission" means, in the case of an emission contained in mainstream smoke, an emission listed in column 1 of Schedule 2 and, in the case of an emission contained in sidestream smoke, an emission listed in column 1 of Schedule 3.

"equivalent unit"
« unité équivalente »

"equivalent unit" means

1. in respect of cigarette tobacco, a cigarette prepared in accordance with the method set out in the Canadian General Standards Board standard CAN/CGSB-176.1-92, entitled Preparation of Cigarettes from Cigarette Tobacco for Testing, dated December 1992; and
   
2. in respect of leaf tobacco, a cigarette prepared in accordance with Official Method T-401, entitled Preparation of Cigarettes from Leaf Tobacco for Testing, made by the Department of Health, dated December 31, 1999.

"identical products"
« produit identique »

"identical products" means tobacco products that

1. contain identical ingredients;
   
2. are manufactured in an identical manner; and
   
3. perform in an identical manner under the same conditions.
   
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"ingredient"
« ingrédient »

"ingredient" means any substance or material used in the manufacture of a tobacco product, and includes an additive.

"kit"
« trousse »

"kit" means a package that includes a tobacco product referred to in any of paragraphs (a) to (i) of the definition "consumer tobacco product" together with another tobacco product, which products are intended to be assembled by a consumer for their use.

"mainstream smoke"
« fumée principale »

"mainstream smoke" means the smoke that is drawn through the port of a smoking machine when a tobacco product is placed in the machine and combusted.

"manufacturer"
« fabricant »

"manufacturer" includes an importer of tobacco products. It does not include a manufacturer that only packages or that only distributes tobacco products on behalf of another manufacturer.

"sidestream smoke"
« fumée latérale »

"sidestream smoke" means the smoke, other than mainstream smoke, that leaves a tobacco product when the product is placed in a smoking machine and combusted.

"smokeless tobacco"
« tabac sans fumée »

"smokeless tobacco" means chewing tobacco and snuff.

"type of package"
« type d'emballage »

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

1. in respect of bidis, cigarettes, kreteks and tobacco sticks,
   1. a slide and shell package,
   2. a flip-top package, and
   3. a soft package;
2. in respect of cigarette tobacco and pipe tobacco,
   1. a pouch,
   2. a can, and
   3. a tub;
3. in respect of cigars,
   1. a tube,
   2. a flip-top box,
   3. a soft package, and
   4. a bundle; and
4. in respect of smokeless tobacco, a plastic or metal container.

"type of tobacco"
« type de tabac »

"type of tobacco" includes the following types of tobacco commonly known as

(a) Virginia flue-cured;
(b) Maryland;
(c) Burley; and
(d) Oriental.

"unit"
« unité »

"unit" means

1. a cigarette;
2. a cigar;
3. a tobacco stick;
4. a kretek; and
5. a bidi.
   
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Reports

Content and form

2. (1) Every report made under these Regulations must be submitted to the Minister in writing or in an electronic format and must set out, in addition to the information required by these Regulations, the following information:

1. the name, street address and telephone number of
   1. the manufacturer on whose behalf the report is made, and
   2. the person who makes the report;
2. the street address of the manufacturer's principal place of business in Canada;
3. the street address of the place of business where the tobacco product that is the subject of the report was manufactured;
4. the date of the report;
5. the period covered by the report;
6. in respect of any tobacco product that is to be reported, its type and brand; and
7. the section of these Regulations under which the report is made.

Information gathering and analysis

(2) Every report made under Parts 2 to 5 shall be based

1. on data obtained from the analyses of tobacco products performed during the period to be reported on; or
2. on activities undertaken by or on behalf of the manufacturer during that period.

Attestation

By person reporting

3. Any person who makes a report under these Regulations shall attach to the report an attestation that states that the information in the report is true and complete to the best of the knowledge and belief of that person and is provided in good faith.

Laboratories

Accreditation

4. (1) Any laboratory that performs an analysis for the purposes of these Regulations must be accredited under the International Organization for Standardization standard ISO\IEC Guide 25: 1990, entitled General requirements for the competence of calibration and testing laboratories.

Exception

(2) During the four-year period following the coming into force of these Regulations, any laboratory may perform an analysis for the purposes of these Regulations.

Alternative Methods

Conditions of use

5. Despite sections 12 and 14, a laboratory may use a method that is not provided for in these Regulations (in this section referred to as an "alternative method") to collect information if

1. the use of the alternative method results in information that is at least as accurate and precise as the information that would be produced if the method provided were used; and
   
2. the laboratory submits a description of the alternative method to the Minister together with data that demonstrate that the requirements of paragraph (a) have been met.