Vaping Products Labelling and Packaging Regulations (SOR/2019-353)

Marginal note:Leaflet

39 A leaflet that displays a health warning that is required for a vaping product must be inserted in the package containing the vaping product.

Marginal note:Tag — visibility

40 A tag must not conceal or obscure any required information that is displayed on the vaping product or its package under the Tobacco and Vaping Products Act, any other Act of Parliament or any Act of the legislature of a province.

Marginal note:Tag — safe handling

41 A tag must not interfere with the normal use or safe handling of the vaping product.

Attribution

Marginal note:Continuous text

• 42 (1) The attribution of a health warning must be displayed in such a manner that there is no intervening image or text between the attribution and the health warning.

• Marginal note:Specific legibility rules

  (2) The attribution of a health warning must be displayed in such a manner that

  • (a) it meets the requirements set out in sections 28 and 29;

  • (b) it is not in bold type; and

  • (c) the height and body size of the type of the attribution are no larger than those of the type of the health warning.

• Marginal note:Characters in text

  (3) Each character in the text of the attribution must have the same font as the text of the health warning.

PART 2Labelling and Packaging — Protection of Human Health or Safety

Interpretation

Marginal note:Definitions

• 43 (1) The following definitions apply in this Part.

  display surface

  display surface means the portion of the surface area of an immediate container or of an exterior package on which the information referred to in this Part can be displayed. It does not include the surface area of the bottom, of any seam or of any concave or convex surface near the top or the bottom of the immediate container or exterior package. (aire d’affichage)

  exterior package

  exterior package means a package, other than an immediate container, that contains a vaping product and that is displayed or visible under normal or customary conditions of sale of the vaping product to a consumer. (emballage extérieur)

  hazard symbol

  hazard symbol means the pictograph and its frame as set out in Schedule 1. (pictogramme de danger)

  immediate container

  immediate container means the container, including a vaping device or vaping part, that is in direct contact with a vaping substance or which it is reasonably foreseeable will be in direct contact with such a substance. (contenant immédiat).

  main display panel

  main display panel means the part of the display surface that is displayed or visible under normal or customary conditions of sale to the consumer. It includes

  • (a) in the case of a rectangular immediate container or exterior package, the largest side of the display surface;

  • (b) in the case of a cylindrical immediate container or exterior package, the larger of

    • (i) the area of the top, or

    • (ii) 40% of the area obtained by multiplying the circumference of the immediate container or exterior package by the height of the display surface;

  • (c) in the case of a bag, the largest side of the bag; and

  • (d) in any other case, the largest surface of the immediate container or exterior package, as the case may be, that is not less than 40% of the display surface. (aire d’affichage principale)

  responsible person

  responsible person means

  • (a) the manufacturer that, in Canada, manufactures a vaping device or vaping part or places a vaping substance in its immediate container; and

  • (b) the importer, in the case of a vaping device or vaping part that is imported or a vaping substance that is imported in its immediate container. (responsable)

  vaping device

  vaping device has the meaning assigned by paragraphs (a) and (b) of the definition vaping product in section 2 of the Tobacco and Vaping Products Act. (dispositif de vapotage)

  vaping part

  vaping part has the meaning assigned by paragraph (c) of the definition vaping product in section 2 of the Tobacco and Vaping Products Act. (pièce de vapotage)

  vaping product

  vaping product has the same meaning as in section 2 of the Tobacco and Vaping Products Act. (produit de vapotage)

  vaping substance

  vaping substance has the meaning assigned by paragraph (d) of the definition vaping product in section 2 of the Tobacco and Vaping Products Act. (substance de vapotage)

• Marginal note:Interpretation of “should”

  (2) If the word “should” is used in a standard that is referred to in this Part it is to be read as imperative, unless the context requires otherwise.

• Marginal note:Application of meanings in Canada Consumer Product Safety Act

  (3) All other words and expressions used in this Part have the same meaning as in the Canada Consumer Product Safety Act.

Application

Marginal note:Vaping products — consumer products

• 44 (1) This Part applies to vaping products that are consumer products.

• Marginal note:Non-application

  (2) For greater certainty, this Part does not apply to vaping products that are subject to the Food and Drugs Act.

Purpose

Marginal note:Requirements — Canada Consumer Product Safety Act

45 For the purposes of section 6 of the Canada Consumer Product Safety Act, this Part sets out requirements that must be met by vaping products that are consumer products.

Exception

Marginal note:Importation to bring into compliance or to export

• 46 (1) A person may import a vaping product that does not comply with a requirement of this Part for the purpose of

  • (a) bringing the product into compliance with the requirement;

  • (b) reselling the product to a manufacturer in Canada that will bring it into compliance with the requirement; or

  • (c) exporting the product to another country.

• Marginal note:Credible evidence

  (2) A person that imports a vaping product for a purpose described in subsection (1) must, on the request of an inspector, provide credible evidence to the inspector that it is being brought into compliance or is being exported.

Requirements

List of Ingredients

Marginal note:Contents

• 47 (1) A list of ingredients is required for every vaping substance and must set out the common name, without abbreviation, of each ingredient that is present in the vaping substance. The list must begin with the title “Ingredients:” in the English version of the list and the title “Ingrédients :” in the French version of the list.

• Marginal note:List of ingredients — “flavour”

  (2) If any ingredients or combination of ingredients are added to a vaping substance solely to produce a particular flavour or combination of flavours, instead of being denoted in the list of ingredients by their common names, those ingredients must be denoted by the indication “flavour” in the English version of the list and “arôme” in the French version of the list.

Marginal note:List of ingredients — placement

• 48 (1) Subject to subsections (2) and (3), the list of ingredients must be displayed on the display surface of the immediate container of the vaping substance and on the display surface of any exterior package.

• Marginal note:Exception — vaping device and vaping part

  (2) If the immediate container is a vaping device or vaping part and it is not packaged, the list of ingredients must be displayed on a tag attached to the vaping device or vaping part, as the case may be.

• Marginal note:Exception — small immediate container

  (3) If the immediate container has a small size, the list of ingredients must be displayed

  • (a) if the main display panel of the immediate container has an area of greater than 15 cm² but less than 45 cm², on the display surface of the exterior package, on the display surface of the immediate container or on a tag attached to the immediate container; and

  • (b) if the main display panel of the immediate container has an area equal to or less than 15 cm², on the display surface of the exterior package or on a tag attached to the immediate container.

Marginal note:Maximum nicotine concentration

49 Subject to the Nicotine Concentration in Vaping Products Regulations, a vaping product must not contain nicotine in a concentration of 66 mg/mL or more.

Child-Resistant Containers

Marginal note:Requirement — child-resistant container

• 50 (1) Every immediate container that is a vaping device or vaping part, as well as every other immediate container that contains a vaping substance that has a nicotine concentration of 0.1 mg/mL or more, must meet the requirements set out in section 51 for a child-resistant container.

• Marginal note:Exception

  (2) Subsection (1) does not apply if exposure to a vaping substance that is in a form other than an aerosol is impossible during the reasonably foreseeable use of the container.

Marginal note:Applicable standard

• 51 (1) A child-resistant container must

  • (a) be constructed so that it can be opened only by operating, puncturing or removing one of its functional and necessary parts using a tool that is not supplied with the container; or

  • (b) meet the child test protocol requirements of one of the following standards or a standard that is at least equivalent:

    • (i) the Canadian Standards Association Standard CAN/CSA Z76.1-16, entitled Reclosable child-resistant packages, as amended from time to time,

    • (ii) the International Organization for Standardization Standard ISO 8317:2015, entitled Child-resistant packaging — Requirements and testing procedures for reclosable packages, as amended from time to time, or

    • (iii) the United States Code of Federal Regulations, Title 16: Commercial Practices, section 1700.20, entitled “Testing procedure for special packaging”, as amended from time to time.

• Marginal note:Amended standard

  (2) Despite paragraph (1)(b), if a person has applied the child test protocol requirements of one of the standards referred to in that paragraph to a child-resistant container, as the standard read immediately before the day on which an amended version of that standard is published, the person may continue to apply those requirements to the child-resistant container during the period of 180 days after the day on which the amended standard is published.