Tobacco Reporting Regulations — 14
sales of that type of designated tobacco product in Canada in the year preceding the two-year period, as well as in the first year of that two-year period; and (b) in the case of kreteks, the manufacturer’s total sales of that type of designated tobacco product, per year, is less than 5% of the total sales of that type of designated tobacco product in Canada in the year preceding the two-year period, as well as in the first year of that two-year period. Short report — content (9) The short report must set out the information referred to in subsection (2) in relation to the tar, nicotine, carbon monoxide, benzene, hydrogen cyanide and formaldehyde emissions contained in the smoke produced from the designated tobacco product, as well as the information referred to in subsection (7). (10) [Repealed, SOR/2019-64, s. 10] Exemption — functional relationship of certain emissions (11) A manufacturer may apply to the Minister for an exemption from the requirement to submit the report referred to in subsection (1) in respect of the emissions that are contained in the smoke produced from a particular brand of cigarettes that is sold in a year, on or before December 1 of the year before the year for which the exemption is sought, if the manufacturer provides to the Minister, with respect to emissions contained in the sidestream smoke, the information contained in subsection (2) and, with respect to the emissions contained in the mainstream smoke, the same information as well as the contents and results of a statistical analysis done under the conditions set out in paragraph (6)(b) that demonstrates, within a 95% confidence limit and in relation to the type of emission exemption sought, the existence of a functional linear relationship (a) between tar and each of the other emissions, other than nicotine, produced from the combustion of the cigarettes (i) by using the formula y = mx + b where y is the amount of the other emission, m is the slope, x is the mean amount of tar as determined by 7 replicates, and b is the intercept, (ii) by applying a regression analysis to the results obtained under subparagraph (i), and (iii) by applying an F-test to the results obtained under that subparagraph; and (b) between nicotine and each of the other emissions, other than tar, produced from the combustion of the cigarettes, by making the calculation and applying the steps described in paragraph (a), except that the reference to “tar” in subparagraph (a)(i) is to be read as a reference to “nicotine”. (12) [Repealed, SOR/2019-64, s. 10] Sample size (13) To qualify for an exemption under subsection (11), the manufacturer must submit to the Minister (a) a cohort that is composed of two reference cigarette types, as well as of at least 28 different brands that represent the range of tar and nicotine emissions specific to cigarettes sold in Canada, as determined (i) in the case of mainstream smoke, in accordance with Official Method T-115, entitled Determination of Tar, Water, Nicotine and Carbon Monoxide in Mainstream Tobacco Smoke , prepared by the Department of Health, dated December 31, 2017, and (ii) in the case of sidestream smoke, in accordance with Official Method T-212, entitled Determination of Tar and Nicotine in Sidestream Tobacco Smoke , prepared by the Department of Health, dated December 31, 2017; (b) a list of the brands of cigarette for which the application for exemption is made; and (c) a list of the properties of the cigarettes, such as the type of tobacco, type of filter and characteristics of the cigarette paper used, that demonstrate the functional linear relationship between (i) the brands of cigarette that form the cohort, and (ii) each of the brands of cigarette for which the application for exemption is made. Joint cohort (14) For the purposes of subsection (13), two or more manufacturers may submit a joint cohort of their cigarette brands. Minister’s decision (15) The Minister must, without delay, decide to accept or reject (a) an