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

PART 1Labelling — Awareness of Health Hazards from Use of Vaping Products

Interpretation

Marginal note:Definitions

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

  display surface

  display surface means the portion of the surface area of a vaping product or 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 a vaping product or package. (aire d’affichage)

  exterior package

  exterior package means a package that contains a vaping product and that is displayed or visible under normal or customary conditions of sale or use of the vaping product. (emballage extérieur)

  interior package

  interior package means the innermost package of a vaping product, including a blister pack. (emballage intérieur)

  kit

  kit means a package that contains a collection of two or more units of vaping products. (trousse)

  main display panel

  main display panel means, in respect of a vaping product or package, the part of the display surface that is displayed or visible under normal or customary conditions of sale or use of the vaping product. It includes

  • (a) in the case of a vaping product or package that has a rectangular cuboid shape, one of the largest sides of the display surface;

  • (b) in the case of a vaping product or package that has a cylindrical shape, the larger of

    • (i) the area of the top, or

    • (ii) 40% of the area obtained by multiplying the circumference of the vaping product or 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 vaping product or package that is not less than 40% of the display surface. (aire d’affichage principale)

  manufacturer

  manufacturer does not include an individual or entity that only packages or labels vaping products on behalf of a manufacturer. (fabricant)

  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 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 — package

  (2) In this Part, a reference to an exterior package or interior package does not include package liners or shipping containers or any outer wrapping, including a box, that is not displayed or visible under normal or customary conditions of sale or use of a vaping product.

• Marginal note:Interpretation — refill vaping product

  (3) In this Part, a reference to a vaping product that is intended to be used for the purpose of refilling another vaping product does not include a reference to a vaping device or vaping part.

• Marginal note:Application of meanings in Tobacco and Vaping Products Act

  (4) All other words and expressions used in this Part have the same meaning as in the Tobacco and Vaping Products Act.

Application

Marginal note:Retail sale — vaping products

• 2 (1) This Part applies to every vaping product that is intended for retail sale in Canada, as well as to its packaging.

• Marginal note:Vaping products — otherwise furnished

  (2) This Part also applies to every vaping product that is intended to be otherwise furnished, in Canada, at a point of sale that is a retail establishment where vaping products are ordinarily sold, as well as to the packaging of such a vaping product.

Marginal note:Non-application

3 This Part does not apply to vaping products that are subject to the Food and Drugs Act.

Purpose

Marginal note:Labelling — Tobacco and Vaping Products Act

• 4 (1) For the purposes of sections 15.1 and 15.2 of the Tobacco and Vaping Products Act, this Part sets out the labelling requirements that manufacturers of vaping products must meet

  • (a) in respect of information that is required to be displayed about vaping products and their emissions and about the health hazards and health effects arising from the use of those products and from their emissions; and

  • (b) in respect of the manner of displaying the information referred to in paragraph (a) on vaping products and their packages, as well as on leaflets and on any tags attached to vaping products.

• Marginal note:Permitted expressions

  (2) For the purposes of sections 30.42 and 30.45 of the Tobacco and Vaping Products Act, this Part also sets out the requirements that manufacturers of vaping products must meet in respect of the manner of displaying certain non-mandatory expressions on vaping products and their packages.

Vaping Products Containing Nicotine

Nicotine Concentration Statement

Marginal note:Requirement — vaping product containing nicotine

5 Every vaping product that contains nicotine must display a nicotine concentration statement.

Marginal note:Requirement — nicotine concentration

6 The nicotine concentration statement must set out the concentration of nicotine in the vaping substance, expressed in milligrams per millilitre. The concentration must be preceded by “Nicotine — ” and followed by the unit of measure “mg/mL”.

Marginal note:Placement — vaping device and vaping part

7 The nicotine concentration statement must be displayed, in the case of a vaping device or vaping part that is not packaged, on the main display panel or on a tag.

Marginal note:Placement — packaged vaping device and vaping part

• 8 (1) The nicotine concentration statement must be displayed, in the case of a vaping device or vaping part that is packaged, on the main display panel of the exterior package.

• Marginal note:Multiple layers of packaging

  (2) If a vaping device or vaping part is packaged in multiple layers of packaging, the nicotine concentration statement must also be displayed on

  • (a) the main display panel of the vaping device or vaping part, as the case may be; or

  • (b) the main display panel of the interior package.

Marginal note:Placement — refill vaping product

• 9 (1) The nicotine concentration statement must be displayed, in the case of a vaping product that is intended to be used for the purpose of refilling another vaping product, on the main display panel of that refill vaping product.

• Marginal note:Placement — packaged refill vaping product

  (2) If the refill vaping product is packaged, the nicotine concentration statement must also be displayed on the main display panel of the exterior package.

Marginal note:Placement — vaping products in kit

• 10 (1) The nicotine concentration statement must be displayed, in the case of a vaping device or vaping part that is packaged in a kit, on

  • (a) the main display panel of the vaping device or vaping part, as the case may be;

  • (b) the main display panel of the interior package of the vaping device or vaping part, as the case may be; or

  • (c) a tag.

• Marginal note:Kit — refill vaping product

  (2) The nicotine concentration statement must be displayed, in the case of a vaping product that is intended to be used for the purpose of refilling another vaping product and that is packaged in a kit, on the main display panel of that refill vaping product.

Marginal note:Placement — kit

• 11 (1) If vaping products that contain nicotine are packaged in a kit, the nicotine concentration statement that is required for each of those vaping products must be displayed on the main display panel of the kit.

• Marginal note:One nicotine concentration statement

  (2) However, if two or more of the vaping products in the kit have the same concentration of nicotine, the nicotine concentration statement that is applicable to those vaping products must be displayed only once on the main display panel of the kit.

Marginal note:Placement — prepackaged product

12 If a vaping product is a prepackaged product, as defined in subsection 2(1) of the Consumer Packaging and Labelling Act, and its identity is shown, as required under subparagraph 10(b)(ii) of that Act, in terms of its common or generic name or in terms of its function, the nicotine concentration statement must be displayed immediately below that name or function.

Health Warning

Marginal note:Requirement — vaping product containing nicotine

13 Every vaping product that contains nicotine must display a health warning.

Marginal note:List of health warnings

14 The health warning that is required for a vaping product is the health warning set out for that vaping product in the document entitled List of Health Warnings for Vaping Products, as amended from time to time and published by the Government of Canada on its website.

Marginal note:Amended health warning

15 Despite these Regulations, if a person has displayed, in accordance with this Part, a health warning that is set out in the List of Health Warnings for Vaping Products, as the list read immediately before the day on which the amended version of that list is published by the Government of Canada, the person may continue to so display that health warning during the period of 180 days after the day on which the amended list is published.

Marginal note:Placement — vaping device and vaping part

16 The health warning must be displayed, in the case of a vaping device or vaping part that is not packaged, on the main display panel or on a tag.

Marginal note:Placement — packaged vaping device and vaping part

• 17 (1) The health warning must be displayed, in the case of a vaping device or vaping part that is packaged, on the main display panel of the exterior package.

• Marginal note:Exception — small exterior package

  (2) However, if the main display panel of the exterior package has an area of less than 15 cm², the health warning may be displayed elsewhere on the display surface of the exterior package or in a leaflet.

• Marginal note:Multiple layers of packaging

  (3) If a vaping device or vaping part is packaged in multiple layers of packaging, the health warning must also be displayed

  • (a) if the main display panel of the interior package has an area of at least 15 cm²,

    • (i) on the main display panel of the vaping device or vaping part, as the case may be, or

    • (ii) on the main display panel of the interior package; and

  • (b) if the main display panel of the interior package has an area of less than 15 cm²,

    • (i) elsewhere on the display surface of the interior package, or

    • (ii) in a leaflet.