Vaping Products Reporting Regulations (SOR/2023-123)

Report on Ingredients

Marginal note:Brand information

• 5 (1) The report on ingredients must contain the following information for each brand of vaping product that a manufacturer sells in Canada, including a brand of vaping product contained in an assortment, if the vaping product is of a type referred to in any of paragraphs 2(1)(c) to (e):

  • (a) the unique product identifier;

  • (b) the brand name or the brand family name;

  • (c) any additional brand element or any descriptive term that distinguishes the vaping product from other vaping products in the report;

  • (d) the name given to the vaping substance,

  • (e) one of the following:

    • (i) an indication of the flavour set out in the schedule that corresponds to the dominant flavour of the vaping substance,

    • (ii) the word “Other”, if the dominant flavour of the vaping substance does not correspond to any of the flavours set out in the schedule, or

    • (iii) the word “Unflavoured”, if applicable; and

  • (f) the concentration of nicotine, if any, expressed in milligrams per millilitre.

• Marginal note:Ingredient information

  (2) The report on ingredients must contain the following information for each ingredient that is used in the manufacture of the vaping substance:

  • (a) its common name;

  • (b) its chemical name, if applicable;

  • (c) its registry number assigned by the Chemical Abstracts Service of the American Chemical Society, if applicable;

  • (d) the name and civic address of its supplier;

  • (e) its concentration in the vaping substance, expressed in milligrams per millilitre or millilitres per millilitre, as the case may be; and

  • (f) if the ingredient is nicotine, an indication of whether the nicotine is natural or synthetic or a mixture of both.

• Marginal note:More than one substance in ingredient

  (3) If more than one substance was used in the manufacture of any ingredient

  • (a) the report on ingredients must contain the information referred to in subsection (2) for each of those substances and for any substance used in the manufacture of those substances;

  • (b) the information referred to in paragraph (a) may be submitted by the ingredient supplier on behalf of the manufacturer.

• Marginal note:Exception — export

  (4) The report on ingredients is not required for a brand of vaping product if the vaping product, or an assortment that contains it, is manufactured solely for export.

• Marginal note:Identical vaping substance

  (5) In the case of a vaping substance that is identical to that contained in another brand of vaping product for which a report on ingredients is submitted, the manufacturer may submit a report on ingredients that does not include the information referred to in subsections (2) and (3) if it includes the information referred to in subsection (1) for both brands of the vaping product.

• Marginal note:Definition of identical

  (6) For the purposes of subsection (5), identical, in relation to a vaping substance, means the vaping substance contains the same ingredients in the same concentrations as a vaping substance contained in another brand of vaping product, including a brand of vaping product contained in an assortment.

• Marginal note:Time limit — report on ingredients

  (7) The report on ingredients must be submitted on or before the day on which the manufacturer first sells a brand of vaping product, including a brand of vaping product contained in an assortment, that was not included in a previous report on ingredients.

Electronic Submission

Marginal note:Reporting by manufacturer

• 6 (1) The manufacturer must submit the report on sales and the report on ingredients using the following forms established by the Minister and attaching the forms to an email:

  • (a) for the report on sales, the form entitled Sales Report for Vaping Products, as amended from time to time; and

  • (b) for the report on ingredients, the form entitled Ingredients Report for Vaping Products, as amended from time to time.

• Marginal note:Information submitted by supplier

  (2) An ingredient supplier who submits information on the manufacturer’s behalf under paragraph 5(3)(b) may do so using the form established by the Minister entitled Supplemental Ingredients Report for Vaping Products (Suppliers) – Ingredients with More than One Substance, as amended from time to time, and attaching the form to an email.

Change to Ingredient Information

Marginal note:Notification of change

7 If there are changes to the information referred to in subsection 5(2) after the report on ingredients is submitted, the manufacturer must submit a notification of change that meets the following requirements:

• (a) it includes, for each brand of vaping product to which the change pertains,

  • (i) the unique product identifier, and

  • (ii) the brand name or the brand family name;

• (b) it includes the name of the manufacturer, as well as the telephone number, email address and civic address of the manufacturer’s principal place of business in Canada;

• (c) it includes the name, telephone number and email address of the individual who prepared the notification and, if that individual works for an entity other than the manufacturer, the name of the entity, as well as the telephone number, email address and civic address of the entity’s principal place of business;

• (d) it includes the date of the notification and an attestation by the individual who prepared it that the information in the notification is true and complete to the best of their knowledge and belief and is provided in good faith;

• (e) the information in the notification is in English or French;

• (f) it is submitted using the form established by the Minister entitled Notification of Change — Vaping Product Ingredients, as amended from time to time, and attaching the form to an email; and

• (g) it is submitted on or before the day on which the manufacturer first sells a vaping product that was manufactured in accordance with the change.

Transitional Provision

Marginal note:Report — December 31, 2023

8 A manufacturer must submit, on or before December 31, 2023, a report on ingredients that contains the information referred to in subsections 5(1) to (3) with respect to each brand of vaping product, including a brand of vaping product contained in an assortment, that the manufacturer sells during the period beginning on the day on which these Regulations come into force and ending on December 31, 2023.

Coming into Force

Marginal note:Registration

9 These Regulations come into force on the day on which they are registered.