Tobacco Industry Reporting: Tobacco Reporting Regulations

Part 5 - Promotional Activities

Semi-annual Reports

Promotional activities

16. (1) Every manufacturer of a consumer tobacco product shall report

1. subject to subsection 18(2), quarterly and at the following times, the dates of release of any promotional activity in respect of that consumer tobacco product and the applicable descriptive information set out in sections 17 to 24:
   1. for the period beginning on January 1 and ending on March 31 of a year, on or before April 30 of that year;
   2. for the period beginning on April 1 and ending on June 30 of a year, on or before July 31 of that year;
   3. for the period beginning on July 1 and ending on September 30 of a year, on or before October 31 of that year;
   4. for the period beginning on October 1 and ending on December 31 of a year, on or before January 31 of the following year.
2. semi-annually, the information described in subsection (2) in respect of each promotional activity undertaken by the manufacturer or for the manufacturer for consideration in respect of that consumer tobacco product
   1. for the period beginning on January 1 and ending on June 30 of a year, on or before July 31 of that year, and
   2. for the period beginning on July 1 and ending on December 31 of a year, on or before January 31 of the following year.

Content of report

(2) In addition to the information to be reported under sections 17 to 24, the semi-annual report mentioned in paragraph (1)(b) shall set out, for each province and specifying national totals,

1. by brand family and, where applicable, by brand
   1. the total semi-annual costs of each of the promotional activities described in sections 17 to 24, and
   2. by type of consumer tobacco product, the total semi-annual costs of all promotional activities; and
2. in respect of all of the manufacturer's promotional activities for all of their consumer tobacco products, the total semi-annual costs of those promotional activities.

Advertisements in Publications

Information about advertisements

17. (1) If a consumer tobacco product is advertised in a publication, the manufacturer of that product shall report the following information:

1. every province in which the publication was distributed;
   
2. the dates the advertisement was published; and
   
3. the total cost of the advertisement.

Copy of advertisement

(2) The manufacturer shall attach to the report a copy or a reasonable facsimile with a detailed description of any advertisement reported under subsection (1).

Sponsorship

Information to be provided

18. (1) If a consumer tobacco product-related brand element is displayed, before October 1, 2003, in a promotion that is used in the sponsorship of a person, entity, event, activity or permanent facility, the manufacturer of the consumer tobacco product shall report the following information:

1. if the sponsorship is in respect of
   1. a person or an entity, the name of the person or entity and a description of any items bearing the consumer tobacco - product related brand element of the manufacturer,
   2. an event or activity, a description of the event or activity and its date, or
   3. a permanent facility, the name of the facility, a description of it and its street address;
2. whether the consumer tobacco product-related brand element was displayed between January 25, 1996 and April 25, 1997 in promotional material that was used in the sponsorship of an event or activity that took place in Canada and, if so, the date of the event or activity;
3. a copy or reasonable facsimile with a detailed description of any promotional material containing a brand element of the manufacturer, including, with respect to the promotional material,
   1. the colours used in it,
   2. its size, and
   3. a copy of any text appearing in it;
4. the expected duration of the display of any promotional material used in the sponsorship;
5. if promotional material used in the sponsorship appears in a publication, the information required by section 17; and
6. the total cost of the sponsorship.

When required

(2) The material required in paragraph (1)(c) must be provided no later than the date of its release.

Permanent facilities

19. If a consumer tobacco product-related brand element, or the name of a manufacturer, is displayed, on or after October 1, 2003, on a permanent facility where the brand element or name is not thereby associated with a sport or cultural event or activity, the manufacturer of the consumer tobacco product shall report the following information:

1. the name, the street address and a description of the facility;
2. a description of the brand element or name displayed, including
   1. the colours used in it, and
   2. its size;
3. the expected duration of the display; and
4. the total cost of the display.

Packaging

Information to be provided

20. Every manufacturer of a consumer tobacco product shall report, by brand and each type of package, carton or kit containing the brand, the cost of manufacturing the packaging of the consumer tobacco product.

Services

Information to be provided

21. If a service uses a consumer tobacco product-related brand element of a manufacturer for consideration by the manufacturer, the manufacturer shall report the following information:

1. a detailed description of the service;
2. in respect of the service, the expected duration of the use of the consumer tobacco product-related brand element;
3. the province in which the consumer tobacco product-related brand element is used by the service; and
4. the consideration given by the manufacturer for the promotion of the consumer tobacco product.

Display at Retail

Report

22. Every manufacturer of a consumer tobacco product that uses a sign to promote the product, specifies the manner of displaying the product at retail or pays a fee for the display of the product shall report the following information in respect of the display at retail of the product:

1. if a sign or display is used,
   1. a detailed description of the sign or display,
   2. a photo or reasonable facsimile of the sign or display, and
   3. the cost of providing the display or using the sign, including the cost of their production and distribution;
2. the total amount paid to retailers to display the product or sign, by province;
3. the number of retailers, by province and by each of the following categories, that have received a fee to display the product or sign:
   1. a convenience store, including
      1. an independently owned convenience store, and
      2. any other convenience store,
   2. a grocery store,
   3. a pharmacy,
   4. a restaurant,
   5. a tavern, bar or beverage room, and
   6. any other establishment not described in subparagraphs
   7. (i) to (v); and
4. in the case of a sign,
   1. the number of establishments, including their names and addresses, that do not permit entry to young persons and that displayed the sign; and
   2. the period during which the sign was specified to be displayed.

Accessories

Information to be provided

23. If an accessory that displays a consumer tobacco product-related brand element is promoted, the manufacturer of that consumer tobacco product shall report the following information about the accessory:

1. photograph or reasonable facsimile of it;
2. a detailed description of it;
3. the number sold, by province; and
4. its cost
   1. of development,
   2. of manufacture,
   3. of distribution, and
   4. of promotion.

Other Products

Information to be provided

24. If a non-tobacco product, other than an accessory that displays a consumer tobacco product-related brand element, displays a consumer tobacco product-related brand element of a manufacturer, the manufacturer shall report the following information in respect of the non-tobacco product:

1. a photograph or reasonable facsimile of it;
2. a detailed description of it;
3. the number sold, by province; and
4. its cost