Tobacco Marking Requirements under the Amended Stamping and Marking of Tobacco Products Regulations

June 2011

The information in this notice is for reference purposes only and does not replace the Excise Act, 2001 (the Act) or its regulations. Should there be any discrepancy between the information in this notice and that contained in the Act or its regulations, the legislative provisions apply. As the information in this publication may not completely address your particular situation, you may wish to refer to the Act or appropriate regulation, or contact your CRA regional excise office for additional information. These offices are listed in Contact Information – Excise and Specialty Tax Directorate.

The purpose of this notice is to provide clarification regarding the tobacco marking requirements under the amended Stamping and Marking of Tobacco Products Regulations (SOR/2003-288).

Definitions

Excise Act, 2001

"container" in respect of a tobacco product, means a wrapper, package, carton, box, crate or other container that contains the tobacco product.

"packaged" means
(a) in respect of raw leaf tobacco or a tobacco product, packaged in a prescribed package…

Stamping and Marking of Tobacco Products Regulations

"carton" means a paperboard box or wrapper containing 15 or fewer packages of cigarettes or 200 or fewer tobacco sticks.

"case" means a corrugated cardboard box in which packages or cartons of tobacco products are packed, primarily for the purpose of transport and protection against damage.  

Application

Effective February 16, 2011, the Stamping and Marking of Tobacco Products Regulations were amended to reflect the marking requirements for the administration of the new tobacco stamping regime. In this context, the term "container" as it applies to the application of tobacco "markings" will be administered in the same manner as was applicable prior to the regulatory amendments, as shown below.

For purposes of Schedule 7 to the regulations, the bilingual tobacco marking for the amended regulations remains unchanged, as follows:

NOT FOR SALE
VENTE INTERDITE
IN/AU CANADA

Tobacco markings are to be printed on or affixed to "containers" of manufactured tobacco and cigars manufactured in Canada. The text font size specification for the markings applicable to packages and cartons may be modified, but may not be smaller than Helvetica, 8 point. The Light Blue background colour applies only to the tobacco marking printed on or affixed to cartons.

The specifications that apply to markings to be affixed to packages and to cartons are:

The specifications that apply to markings to be affixed to cases are:

For the purposes of the bilingual tobacco marking for Schedule 8, the term "containers" applies to cases, as follows:

DUTY NOT PAID
CANADA
DROIT NON ACQUITTÉ

The case marking specifications are:

All technical publications related to the Excise Act, 2001 and its regulations are available on the CRA Web site at Excise duties technical information under the Excise Act, 2001.

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