FEDERAL REG

SOR/2016-102: Regulations Repealing the Cigarette Ignition Propensity Regulations

REGISTRATION OF FEDERAL REGULATION - VIA OIC DATABASE, PRIOR TO PART II OF THE GAZETTE

Registered
May 20, 2016


REGULATORY IMPACT ANALYSIS STATEMENT (This statement is not part of the regulations.) Issues This Regulatory Impact Analysis Statement (RIAS) addresses three regulatory initiatives: (1) Regulations Repealing the Cigarette Ignition Propensity Regulations made under the Tobacco Act and making of the Cigarette Ignition Propensity (Consumer Products) Regulations under the Canada Consumer Product Safe... (Click for more)


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Published on May 20, 2016

Bill Summary

SOR/2016-102: Regulations Repealing the Cigarette Ignition Propensity Regulations

REGULATORY IMPACT ANALYSIS STATEMENT (This statement is not part of the regulations.) Issues This Regulatory Impact Analysis Statement (RIAS) addresses three regulatory initiatives: (1) Regulations Repealing the Cigarette Ignition Propensity Regulations made under the Tobacco Act and making of the Cigarette Ignition Propensity (Consumer Products) Regulations under the Canada Consumer Product Safety Act On reviewing the Cigarette Ignition Propensity Regulations made under the Tobacco Act in June 2005, the Standing Joint Committee for the Scrutiny of Regulations (SJCSR) considered that the Hazardous Products Act (HPA) was a more suitable authority under which to mandate ignition propensity standards for cigarettes. An express authority formerly in Part I of the HPA is now found in the Canada Consumer Product Safety Act, which repealed and replaced Part I and Schedule I of the HPA. The Cigarette Ignition Propensity (Consumer Products) Regulations are made under the Canada Consumer Product Safety Act and replace the Cigarette Ignition Propensity Regulations under the Tobacco Act which is repealed at the same time as the new Regulations come into force 180 days after they are registered. (2) Regulations Amending the Tobacco (Seizure and Restoration) Regulations made under the Tobacco Act The Tobacco (Seizure and Restoration) Regulations came into force in February 1999. These Regulations refer to a branch within the Department of Health which no longer exists due to organizational changes. The Regulations rectify this obsolete reference. (3) Regulations Amending the Tobacco Products Information Regulations (Miscellaneous Program) made under the Tobacco Act When reviewing amendments made in 2011 to the Tobacco Products Information Regulations, the SJCSR found a discrepancy in the language used to describe the placement of toxic emission and constituent information on packages of cigarette tobacco, kreteks, leaf tobacco, tobacco sticks and smokeless tobacco. The Regulations address the discrepancy between the French and English versions of paragraph 11(b). Objectives (1) Regulations Repealing the Cigarette Ignition Propensity Regulations made under the Tobacco Act and making of the Cigarette Ignition Propensity (Consumer Products) Regulations under the Canada Consumer Product Safety Act The objective of repealing the Cigarette Ignition Propensity Regulations made under the Tobacco Act and making the Cigarette Ignition Propensity (Consumer Products) Regulations under the Canada Consumer Product Safety Act is to address the recommendation of the SJCSR, while maintaining the ignition propensity performance standard that is currently in place for cigarettes. (2) Regulations Amending the Tobacco (Seizure and Restoration) Regulations made under the Tobacco Act The Regulations update the Tobacco (Seizure and Restoration) Regulations to reflect the current organizational structure within the Department of Health. They will amend section 3 of the Tobacco (Seizure and Restoration) Regulations to remove the reference to the “regional manager of the Health Protection Branch,” a position which no longer exists. (3) Regulations Amending the Tobacco Products Information Regulations (Miscellaneous Program) made under the Tobacco Act The Regulations address a concern of the SJCSR regarding a language discrepancy between the French and English versions of the Tobacco Products Information Regulations, while maintaining the requirements currently in place. Description (1) Regulations Repealing the Cigarette Ignition Propensity Regulations made under the Tobacco Act and making of the Cigarette Ignition Propensity (Consumer Products) Regulations under the Canada Consumer Product Safety Act The Regulations under the Canada Consumer Product Safety Act set out the same ignition propensity performance standard that cigarettes must meet that is currently prescribed by the Cigarette Ignition Propensity Regulations under the Tobacco Act, and the method to be used in testing cigarettes for their ignition propensity. While the performance standard remains unchanged, the referenced test method is being updated with an internationally recognized method that is available in both official languages. The Cigarette Ignition Propensity (Consumer Products) Regulations require that cigarettes burn their full length no more than 25% of the time, when tested on 10 layers of filter paper using standard ISO 12863 entitled Standard test method for assessing the ignition propensity of cigarettes. This method closely aligns with the ASTM International Method E2187-04 currently referenced in the Cigarette Ignition Propensity Regulations. When the Cigarette Ignition Propensity (Consumer Products) Regulations come into force, it will be prohibited under the Canada Consumer Product Safety Act to manufacture (including for the purpose of export), import (including for personal use), sell (including the distribution) and advertise cigarettes in Canada that do not meet the cigarette ignition propensity standard set out in the Regulations. However, these Regulations do not apply to cigarettes that are imported by an organization for any of the following purposes: research, laboratory testing or analysis. The impact of the making of the Regulations under the Canada Consumer Product Safety Act is negligible for the tobacco industry. Given that the performance standard remains unchanged, cigarette manufacturers are not required to make changes to currently marketed cigarettes in order to be compliant with the Cigarette Ignition Propensity (Consumer Products) Regulations. The impact of this new legislative framework with respect to the ignition propensity of cigarettes will also be very low on the Department of Health, as there will be little change to compliance monitoring activities under these Regulations. (2) Regulations Amending the Tobacco (Seizure and Restoration) Regulations made under the Tobacco Act The Tobacco (Seizure and Restoration) Regulations set out the requirements for the seizure of a tobacco product or other thing (e.g. material such as a sign or match book) seized pursuant to subsection 39(1) of the Act, and for the application for restoration of the seized tobacco product or other thing. The Regulations set out the information that must be provided in the notice referred to in subsection 40(1) of the Tobacco Act and the time and manner in which it is to be served. In order to remove an outdated reference, the Regulations Amending the Tobacco (Seizure and Restoration) Regulations eliminate the option to serve a notice on the regional manager of the Health Protection Branch; instead, a notice shall be served to the Minister only. This change reflects organizational changes within the Department of Health, as the reference to the Health Protection Branch is obsolete. Section 3 of the Regulations is changed to stipulate that a notice referred to in subsection 40(1) of the Tobacco Act shall be served by registered mail on the Minister at least 15 clear days (i.e. the number of days between and not including the date on which the notice is served on the Minister and the date on which the order of restoration is made) before the day on which the application for an order of restoration is to be made to a provincial court judge. (3) Regulations Amending the Tobacco Products Information Regulations (Miscellaneous Program) made under the Tobacco Act The amendment rectifies the discrepancy between the French and English versions of paragraph 11(b) of the Tobacco Products Information Regulations by changing the word “area” in the English version to “surface.” “One-for-One” Rule The “One-for-One” Rule does not apply to these regulations, as there is no change in administrative costs to business. Small business lens The small business lens does not apply to these Regulations, as there are no additional costs to small businesses. Consultation Consultation prior to the prepublication of the proposed regulations in the Canada Gazette, Part I on March 8, 2014 (1) Regulations Repealing the Cigarette Ignition Propensity Regulations made under the Tobacco Act and making of the Cigarette Ignition Propensity (Consumer Products) Regulations under the Canada Consumer Product Safety Act Stakeholders were previously consulted regarding a reduced ignition propensity standard during the development of the current Cigarette Ignition Propensity Regulations in 2004. As these new Regulations are administrative in nature, no recent consultation was undertaken. (2) Regulations Amending the Tobacco (Seizure and Restoration) Regulations made under the Tobacco Act Given the non-substantive nature of the amendment, no consultation was undertaken recently. A similar proposed amendment was prepublished in the Canada Gazette, Part I, in April 2001. No comments were received. (3) Regulations Amending the Tobacco Products Information Regulations (Miscellaneous Program) made under the Tobacco Act Given the minor nature of the amendment, no consultation was undertaken. Consultation following the prepublication of the proposed regulations on March 8, 2014 in the Canada Gazette, Part I On March 8, 2014, the proposed regulations were prepublished in the Canada Gazette, Part I, for a 75-day comment period. Only one comment was received and it related to the proposed regulations making the Cigarette Ignition Propensity (Consumer Products) Regulations under the Canada Consumer Product Safety Act. The stakeholder stated that a six-month delay in the coming into force of the Cigarette Ignition Propensity (Consumer Products) Regulations would be needed to enable them to be accredited to the new test method prescribed in the Regulations and to verify that their products meet the standard. The Department has therefore set the coming into force date to 180 days after the day on which the Regulations Repealing the Cigarette Ignition Propensity Regulations made under the Tobacco Act and the Cigarette Ignition Propensity (Consumer Products) Regulations made under the Canada Consumer Product Safety Act are registered. Rationale These regulatory initiatives serve to clarify the regulations in response to organizational changes and review by the SJCSR. The impact on stakeholders will be minimal. (1) Regulations Repealing the Cigarette Ignition Propensity Regulations made under the Tobacco Act and making of the Cigarette Ignition Propensity (Consumer Products) Regulations under the Canada Consumer Product Safety Act The Cigarette Ignition Propensity (Consumer Products) Regulations maintain the same ignition propensity performance standard that currently applies to cigarettes pursuant to the Cigarette Ignition Propensity Regulations under the Tobacco Act. While these Regulations address the concerns of the SJCSR, the Department of Health maintains that the authority to mandate standards, including those to reduce the ignition propensity of cigarettes, exists under the Tobacco Act. The implementation of this regulatory initiative is expected to result in a one-time minimal cost to the Department of Health to update policies and guidance documents for the Department of Health’s compliance and enforcement activities. Furthermore, laboratories that are used by manufacturers to verify compliance may incur additional costs relating to the transition and accreditation by a recognized accreditation body to the new ISO 12863 method. (2) Regulations Amending the Tobacco (Seizure and Restoration) Regulations made under the Tobacco Act Removal of an obsolete reference in the Regulations ensures consistency with the current organizational structure within the Department of Health. There are no costs associated with the amendment. (3) Regulations Amending the Tobacco Products Information Regulations (Miscellaneous Program) made under the Tobacco Act This amendment addresses a minor discrepancy between the English and French versions of the Tobacco Products Information Regulations identified by the SJCSR. This minor change does not alter the current requirements of these Regulations. Implementation, enforcement and service standards (1) Regulations Repealing the Cigarette Ignition Propensity Regulations made under the Tobacco Act and making of the Cigarette Ignition Propensity (Consumer Products) Regulations under the Canada Consumer Product Safety Act These Regulations will come into force 180 days after the day on which they are registered. Compliance monitoring and enforcement activities will be undertaken by the Department of Health under the authority of the Canada Consumer Product Safety Act. The Canada Consumer Product Safety Act prohibits the manufacture, import, advertising or sale of a consumer product that does not meet the requirements set out in the Regulations, or that poses an unreasonable hazard. This is in addition to a number of other prohibitions, the contravention of which are subject to penalties. The Canada Consumer Product Safety Act is available online at http://laws-lois.justice.gc.ca/eng/acts/C-1.68/index.html. Compliance with the ignition propensity standard set out in the Cigarette Ignition Propensity (Consumer Products) Regulations will continue to be monitored through the sampling and testing of cigarettes, among other activities. (2) Regulations Amending the Tobacco (Seizure and Restoration) Regulations made under the Tobacco Act No new compliance or enforcement activities will result from these amendments. (3) Regulations Amending the Tobacco Products Information Regulations (Miscellaneous Program) made under the Tobacco Act No new compliance or enforcement activities will result from these amendments. Contact Mr. Mathew Cook Manager Science Regulations Division Tobacco Products Regulatory Office Tobacco Control Directorate Health Canada Address locator: 0301A 150 Tunney’s Pasture Driveway Ottawa, Ontario K1A 0K9 Fax: 613-948-8495 Email: [email protected] Footnote a S.C. 1997, c. 13 Footnote b S.C. 2009, c. 27, s. 8 Footnote c S.C. 1997, c. 13 Footnote 1 SOR/2005-178

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