Last updated: July 20, 2021

Key Terms

Tobacco Product

Term Defined
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Definition

"Tobacco product" means a product made in whole or in part of tobacco, including tobacco leaves. It includes papers, tubes and filters intended for use with that product, a device, other than a water pipe, that is necessary for the use of that product and the parts that may be used with the device.

Analysis

The definition of “tobacco product” aligns with the definition contained in FCTC Art. 1(f) and is more comprehensive than the FCTC definition in that it also encompasses papers, tubes, and filters.

FCTC-Based Definition

Any product entirely or partly made of the leaf tobacco as a raw material which is manufactured to be used for smoking, sucking, chewing, or snuffing. (FCTC Art. 1(f))

Outside Packaging and Labeling

Term Defined
Definition

"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.

"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.

Analysis

Together, the definitions of "primary package" and "secondary package" contained in the law align with the definition of "outside packaging and labeling" contained in FCTC Art. 11(4) in that they encompass any packaging used in the retail sale of the product.

FCTC-Based Definition

Any packaging and labeling used in the retail sale of the product. (FCTC Art. 11(4))

Emission

Term Defined
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Definition

"Emission" means a substance that is produced when a tobacco product or vaping product is used.

Analysis

The definition of "emission" is significant because the Tobacco Products Information Regulations require health warnings, health information, and information on toxic emissions and constituents on tobacco product packages.

Carton

Term Defined
Definition

"Carton" means a secondary package in which two or more primary packages containing the same type of tobacco product are placed.

Analysis

The definition of "carton" is significant because the law requires health warnings and health information on cartons and standardizes the appearance of cartons.

Labelling Element

Term Defined
Definition

"Labelling element", in respect of a tobacco product, means
(a) a health warning described in section 87, a health information message described in section 92 or the toxicity information described in section 99 that is dis-
played on a package or leaflet; and
(b) a health warning described in section 117 that is displayed directly on a tobacco product referred to in that section.

Analysis

The definition of "labelling element" is significant because it encompasses the three types of information required on product packaging - health warnings, health information messages, and toxicity information.