SOR/2019-353201912
19
202311
28
TOBACCO AND VAPING PRODUCTS ACTCANADA CONSUMER PRODUCT SAFETY ACTVaping Products Labelling and Packaging RegulationsP.C.2019-1416201912
18
Her Excellency the Governor General in Council, on the recommendation of the Minister of Health, makes the annexed Vaping Products Labelling and Packaging Regulations pursuant tosections 17a and 33b of the Tobacco and Vaping Products Actc; andsection 37d of the Canada Consumer Product Safety Acte.S.C. 2018, c. 9, s. 22S.C. 2018, c. 9, s. 44S.C. 1997, c. 13; S.C. 2018, c. 9, s. 2S.C. 2016, c. 9, s. 67S.C. 2010, c. 21Labelling — Awareness of Health Hazards from Use of Vaping ProductsInterpretation
DefinitionsThe following definitions apply in this Part.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 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 means the innermost package of a vaping product, including a blister pack. (emballage intérieur)kit means a package that contains a collection of two or more units of vaping products. (trousse)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 includesin the case of a vaping product or package that has a rectangular cuboid shape, one of the largest sides of the display surface;in the case of a vaping product or package that has a cylindrical shape, the larger ofthe area of the top, or40% of the area obtained by multiplying the circumference of the vaping product or package by the height of the display surface;in the case of a bag, the largest side of the bag; andin 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 does not include an individual or entity that only packages or labels vaping products on behalf of a manufacturer. (fabricant)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 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 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)Interpretation — packageIn 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.Interpretation — refill vaping productIn 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.Application of meanings in Tobacco and Vaping Products ActAll other words and expressions used in this Part have the same meaning as in the Tobacco and Vaping Products Act.
Application
Retail sale — vaping productsThis Part applies to every vaping product that is intended for retail sale in Canada, as well as to its packaging.Vaping products — otherwise furnishedThis 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.SOR/2021-123, s. 7
Non-applicationThis Part does not apply to vaping products that are subject to the Food and Drugs Act.
Purpose
Labelling — Tobacco and Vaping Products ActFor 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 meetin 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; andin 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.Permitted expressionsFor 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 NicotineNicotine Concentration Statement
Requirement — vaping product containing nicotineEvery vaping product that contains nicotine must display a nicotine concentration statement.
Requirement — nicotine concentrationThe 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”.
Placement — vaping device and vaping partThe 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.
Placement — packaged vaping device and vaping partThe 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.Multiple layers of packagingIf a vaping device or vaping part is packaged in multiple layers of packaging, the nicotine concentration statement must also be displayed onthe main display panel of the vaping device or vaping part, as the case may be; orthe main display panel of the interior package.
Placement — refill vaping productThe 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.Placement — packaged refill vaping productIf the refill vaping product is packaged, the nicotine concentration statement must also be displayed on the main display panel of the exterior package.
Placement — vaping products in kitThe nicotine concentration statement must be displayed, in the case of a vaping device or vaping part that is packaged in a kit, onthe main display panel of the vaping device or vaping part, as the case may be;the main display panel of the interior package of the vaping device or vaping part, as the case may be; ora tag.Kit — refill vaping productThe 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.
Placement — kitIf 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.One nicotine concentration statementHowever, 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.
Placement — prepackaged productIf 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
Requirement — vaping product containing nicotineEvery vaping product that contains nicotine must display a health warning.SOR/2023-247, s. 14(F)
List of health warningsThe 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.SOR/2023-247, s. 14(F)
Amended health warningDespite 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.SOR/2023-247, s. 14(F)
Placement — vaping device and vaping partThe 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.SOR/2023-247, s. 14(F)
Placement — packaged vaping device and vaping partThe 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.Exception — small exterior packageHowever, 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.Multiple layers of packagingIf a vaping device or vaping part is packaged in multiple layers of packaging, the health warning must also be displayedif the main display panel of the interior package has an area of at least 15 cm2,on the main display panel of the vaping device or vaping part, as the case may be, oron the main display panel of the interior package; andif the main display panel of the interior package has an area of less than 15 cm2,elsewhere on the display surface of the interior package, orin a leaflet.SOR/2023-247, s. 14(F)
Placement — refill vaping productThe health warning 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.Exception — small refill vaping productHowever, if the main display panel of the refill vaping product has an area of less than 15 cm2, the health warning may be displayed on a tag.Placement — packaged refill vaping productIf the refill vaping product is packaged, the health warning must also be displayed on the main display panel of the exterior package.SOR/2023-247, s. 14(F)
Placement — vaping products in kitThe health warning must be displayed, in the case of a vaping device or vaping part that is packaged in a kit, onthe main display panel of the vaping device or vaping part, as the case may be;the main display panel of the interior package of the vaping device or vaping part, as the case may be; ora tag.Kit — refill vaping productThe health warning 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, onthe main display panel of that refill vaping product; orif the main display panel of the refill vaping product has an area of less than 15 cm2,the main display panel of the interior package of a refill vaping product that is packaged, ora tag.SOR/2023-247, s. 14(F)
Placement — kitIf a vaping product that contains nicotine is packaged in a kit, the health warning that is required for that vaping product must be displayed on the main display panel of the kit.One health warning — kitHowever, if two or more of the vaping products in the kit contain nicotine, the required health warning need only be displayed once on the main display panel of the kit.SOR/2023-247, s. 14(F)
AttributionIf a manufacturer attributes a health warning, the manufacturer must do so by displaying the phrase “Health Canada” immediately beside or below the English version of the health warning and the phrase “Santé Canada” immediately beside or below the French version of the health warning.SOR/2023-247, s. 14(F)
Vaping Products Without Nicotine
No nicotineA vaping product may display an expression permitted by section 23 ifin the case of a vaping substance, it does not contain nicotine; andin the case of any other vaping product that contains a vaping substance, the product does not contain nicotine.
Permitted expressionsOnly one of the following expressions is permitted to be displayed on a vaping product:“Nicotine-free” in the English version of the expression and “Sans nicotine” in the French version of the expression;“No nicotine” in the English version of the expression and “Aucune nicotine” in the French version of the expression; or“Does not contain nicotine” in the English version of the expression and “Ne contient pas de nicotine” in the French version of the expression.
PlacementAn expression permitted by section 23 must be displayed only on the display surface of a vaping product or of any package containing the vaping product.
Presentation of InformationOfficial Languages
Required health warning and permitted expressionThe required health warning and any expression permitted by section 23 must be displayed in both official languages, in the same manner.SOR/2023-247, s. 14(F)
Technical SpecificationsGeneral
IntegrityThe customary method of opening a vaping product or package must not sever, otherwise damage or render illegible any letter, word or part of the required information or of an expression permitted by section 23.Exception — blister packSubsection (1) does not apply to an interior package that is a blister pack.
PermanenceAny required information and any expression permitted by section 23 must be irremovable.
LegibilityAny required information mustbe displayed in a standard sans-serif type thatis not compressed, expanded or decorative,is black on a white background, andas illustrated in Schedule 2, has a large x-height relative to the ascender or descender of the type; andbe clear and legible and remain so throughout the useful life of the vaping product, under normal or customary conditions of transportation, storage, sale and use.Measurement of height of typeThe height of the type must be determined by measuring an upper case letter or a lower case letter that has an ascender or a descender, such as “b” or “p”.
Characters in textEach character in the text of the required information must have the same font and type size.
VisibilityAny required information must not be concealed or obscured by any other information that is required or permitted to be displayed under the Tobacco and Vaping Products Act, any other Act of Parliament or any Act of the legislature of a province.
Nicotine Concentration Statement
Specific legibility rulesA nicotine concentration statement that is displayed on a vaping product or package must be displayedin a type that has a minimum height of 3 mm and a minimum body size of 8 points, if the main display panel has an area equal to or greater than 45 cm2;in a type that has a minimum height of 2 mm and a minimum body size of 6 points, if the main display panel has an area equal to or greater than 10 cm2 but less than 45 cm2; andin a type that has a minimum height of 1.5 mm and a minimum body size of 4.5 points, if the main display panel has an area of less than 10 cm2.Measurement of height of typeThe height of the type must be determined in accordance with subsection 28(2).
Health Warning
Text — health warningA health warning must be displayed in such a manner thatthe first word is in upper case letters and bold type;the remaining text is not in bold type and is in sentence case letters.SOR/2023-247, s. 14(F)
Official languages — placementA health warning in one official language must be displayed immediately beside or below the health warning in the other official language and the two must not be combined.SOR/2023-247, s. 14(F)
Official languages — vaping product and packageIn the case of a vaping product or package, the health warning in both official languages must be displayed on the same main display panel or display surface, as the case may be.SOR/2023-247, s. 14(F)
VisibilityA health warning that is displayed on a vaping product or package mustin the case of a vaping product or package that is cylindrical in shape, not extend beyond the main display panel;in the case of a vaping product or package that has a rectangular cuboid shape, be displayed on the main display panel; andin the case of a bag or any other package, be readable in its entirety under normal or customary conditions of sale or use of the vaping product, without further manipulation of the bag or package.SOR/2023-247, s. 14(F)
Specific legibility rulesIn the case of a health warning that is displayed on a vaping product or package, the health warning must be displayedin a type that has a minimum height of 2 mm and a minimum body size of 6 points, if the main display panel has an area of less than 45 cm2; andin a type that has a height and body size that results in the health warning in both official languages occupying not less than 35% of the main display panel, if the main display has an area equal to or greater than 45 cm2.Measurement of height of typeThe height of the type must be determined in accordance with subsection 28(2).SOR/2023-247, s. 14(F)
Leaflet and Tag
Display of informationAny required information that is displayed in a leaflet or on a tag must bepositioned as close as possible to the top edge of the surface of the leaflet or tag, in such a manner that, if applicable, any nicotine concentration statement is immediately above the health warning; anddisplayed in such a manner that it is readable in its entirety under normal or customary conditions of sale or use of the vaping product, without further manipulation of the leaflet or tag.SOR/2023-247, s. 14(F)
Specific legibility ruleAny required information that is displayed in a leaflet or on a tag must be displayed in a type that has a minimum height of 2 mm and a minimum body size of 6 points.Measurement of height of typeThe height of the type must be determined in accordance with subsection 28(2).
LeafletA leaflet that displays a health warning that is required for a vaping product must be inserted in the package containing the vaping product.SOR/2023-247, s. 14(F)
Tag — visibilityA 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.
Tag — safe handlingA tag must not interfere with the normal use or safe handling of the vaping product.
Attribution
Continuous textThe 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.Specific legibility rulesThe attribution of a health warning must be displayed in such a manner thatit meets the requirements set out in sections 28 and 29;it is not in bold type; andthe height and body size of the type of the attribution are no larger than those of the type of the health warning.Characters in textEach character in the text of the attribution must have the same font as the text of the health warning.SOR/2023-247, s. 14(F)
Labelling and Packaging — Protection of Human Health or SafetyInterpretation
DefinitionsThe following definitions apply in this Part.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 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 means the pictograph and its frame as set out in Schedule 1. (pictogramme de danger)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 means the part of the display surface that is displayed or visible under normal or customary conditions of sale to the consumer. It includesin the case of a rectangular immediate container or exterior package, the largest side of the display surface;in the case of a cylindrical immediate container or exterior package, the larger ofthe area of the top, or40% of the area obtained by multiplying the circumference of the immediate container or exterior package by the height of the display surface;in the case of a bag, the largest side of the bag; andin 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 meansthe manufacturer that, in Canada, manufactures a vaping device or vaping part or places a vaping substance in its immediate container; andthe 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 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 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 has the same meaning as in section 2 of the Tobacco and Vaping Products Act. (produit de vapotage)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)Interpretation of “should”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.Application of meanings in Canada Consumer Product Safety ActAll other words and expressions used in this Part have the same meaning as in the Canada Consumer Product Safety Act.
Application
Vaping products — consumer productsThis Part applies to vaping products that are consumer products.Non-applicationFor greater certainty, this Part does not apply to vaping products that are subject to the Food and Drugs Act.
Purpose
Requirements — Canada Consumer Product Safety ActFor 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
Importation to bring into compliance or to exportA person may import a vaping product that does not comply with a requirement of this Part for the purpose ofbringing the product into compliance with the requirement;reselling the product to a manufacturer in Canada that will bring it into compliance with the requirement; orexporting the product to another country.Credible evidenceA 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.
RequirementsList of Ingredients
ContentsA 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.List of ingredients — “flavour”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.
List of ingredients — placementSubject 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.Exception — vaping device and vaping partIf 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.Exception — small immediate containerIf the immediate container has a small size, the list of ingredients must be displayedif 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; andif 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.SOR/2023-247, s. 18
Maximum nicotine concentrationSubject to the Nicotine Concentration in Vaping Products Regulations, a vaping product must not contain nicotine in a concentration of 66 mg/mL or more.SOR/2021-123, s. 8
Child-Resistant Containers
Requirement — child-resistant containerEvery 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.ExceptionSubsection (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.
Applicable standardA child-resistant container mustbe 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; ormeet the child test protocol requirements of one of the following standards or a standard that is at least equivalent:the Canadian Standards Association Standard CAN/CSA Z76.1-16, entitled Reclosable child-resistant packages, as amended from time to time,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, orthe 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.Amended standardDespite 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.
Maintain characteristicsA child-resistant container must maintain the characteristics of a child-resistant container throughout the useful life of the vaping substance that is placed in it, or in the case of a refillable container, throughout its useful life, under normal conditions of storage, sale and use.
EvaluationThe responsible person, using good scientific practices, must evaluatethe compatibility of the vaping substance with its child-resistant container to determine that the chemical or physical properties of the substance will not compromise or interfere with the proper functioning of the container; andthe physical wear and stress factors and the force required for opening and closing the container to determine that the proper functioning of the container will be maintained for the number of openings and closings reasonably foreseeable for the size and contents of the container.DefinitionsThe following definitions apply in this section.good scientific practices meansfor the development of test data, conditions and procedures that are in accordance with or equivalent to those set out in the Organisation for Economic Co-operation and Development document entitled OECD Guidelines for the Testing of Chemicals, as amended from time to time;for laboratory practices, practices that are in accordance with the principles set out in the Organisation for Economic Co-operation and Development document entitled OECD Principles of Good Laboratory Practice, Number 1 of the OECD Series on Principles of Good Laboratory Practice and Compliance Monitoring, as amended from time to time; andfor human experience data, a peer-reviewed study of clinical cases. (bonnes pratiques scientifiques)human experience data means data, collected in accordance with good scientific practices, that demonstrates that injury to or poisoning of a human has or has not resulted fromexposure to a vaping substance; orthe reasonably foreseeable use of a vaping substance or immediate container by a consumer, including by a child. (données de l’expérience humaine)
DocumentsThe responsible person must prepare and maintain documents containing the following information and must keep those documents for a period of at least three years after the day on which the child-resistant container is manufactured or imported:the specifications critical to the child-resistant characteristics of the container, includingthe physical measurements within which the container retains its child-resistant characteristics,if applicable, the torque that must be applied to open or close the container, andthe compatibility of the container and its closure system with the vaping substance that is to be placed into it; andthe test results that demonstrate that the container and its closure system meet the requirements of a standard referred to in paragraph 51(1)(b).Inspector’s requestIn the case of a vaping substance for which a child-resistant container is required, the responsible person must provide an inspector with any of the documents that the inspector requests within 15 days after the day on which the request is received.
Directions for opening and closingDirections for opening and, if applicable, closing a child-resistant container that meets the requirements of paragraph 51(1)(b) must be displayed on the closure system of the immediate container or on the display surface of the immediate container.Exception — vaping device and vaping partHowever, in the case of an immediate container that is a vaping device or vaping part, the directions may be displayedon a package containing the vaping device or vaping part, or on a leaflet that is inserted in the package; orif it is not packaged, on a tag that is attached to the vaping device or vaping part.
Single-use immediate containerSubject to subsections (3) and (5), the following statement must be displayed on the display surface of a child-resistant container that is an immediate container whose contents are to be used in their entirety immediately after the container is opened:“USE ENTIRE CONTENTS ON OPENING. THIS CONTAINER IS NOT CHILD-RESISTANT ONCE OPENED.”“UTILISER LA TOTALITÉ DU CONTENU APRÈS OUVERTURE. UNE FOIS OUVERT, LE CONTENANT N’EST PLUS UN CONTENANT PROTÈGE-ENFANTS.”Exterior packageSubject to subsection (4), the statement must also be displayed on the display surface of the exterior package, if any.Exception — immediate containerIf the main display panel of the immediate container has an area of less than 45 cm2, the statement need not be displayed on the display surface of the immediate container.Exception — exterior packageIf the main display panel of the exterior package has an area of less than 45 cm2, the statement must be displayed on a tag attached to the immediate container.Exception — small immediate container that is not packagedIf the immediate container has a small size and is not packaged, the statement must be displayedif the main display panel has an area greater than 15 cm2 but less than 45 cm2, on the display surface of the immediate container or on a tag attached to the immediate container; andif the main display panel of the immediate container has an area equal to or less than 15 cm2, on a tag attached to the immediate container.SOR/2023-247, s. 19
Toxicity informationThe following information must be displayed on the display surface of the immediate container of a vaping substance that contains nicotine in a concentration of 0.1 mg/mL or more:an exact reproduction, except with respect to size, of the hazard symbol set out in Schedule 1; andthe following toxicity warning and first aid treatment statement:“POISON: if swallowed, call a Poison Control Centre or doctor immediately.”“POISON : en cas d’ingestion, appeler immédiatement un centre antipoison ou un médecin.”Exception — vaping device and vaping partIf the immediate container is a vaping device or vaping part and it is not packaged, the information must be displayed on a tag attached to the vaping device or vaping part, as the case may be.Exterior packageThe information must also be displayed on the display surface of the exterior package, if any.Exception — exposure to vaping substanceHowever, the information is not required 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.
Vaping device and vaping partDespite sections 56 and 57, the information required by those sections need not be displayed on the display surface of an immediate container that is a vaping device or vaping part.
Presentation of Information
Languages, legibility and durabilityThe information required under this Part mustbe displayed in both official languages;be clear and legible and remain so throughout the useful life of the vaping substance, or in the case of a refillable immediate container, throughout its useful life, under normal conditions of transportation, storage, sale and use; andbe displayed in black type on a white background.
Information in words — general rulesIf the required information is set out in words, the words must be displayed in a standard sans-serif type thatis not compressed, expanded or decorative;as illustrated in Schedule 2, has a large x-height relative to the ascender or descender of the type;in the case of an immediate container or exterior package whose main display panel has an area equal to or greater than 45 cm2, has a minimum height of 3 mm and a minimum body size of 8 points; andin the case of an immediate container or exterior package whose main display panel has an area of less than 45 cm2, has a minimum height of 2 mm and a minimum body size of 6 points.Measurement of height of typeThe height of the type must be determined in accordance with subsection 28(2).Characters in textEach character in the text of the required information must have the same font and type size.
Order of presentation of ingredientsThe ingredients set out in the list of ingredients referred to in section 47 must,in the case of ingredients that are present in the vaping substance in a concentration of 1% or more, be set out in descending order of their proportions; andin the case of ingredients that are present in the vaping substance in a concentration of less than 1%, be set out in any order and immediately following the ingredients referred to in paragraph (a).Concentration of ingredientIn this section, when the concentration of an ingredient in a vaping substance is expressed as a percentage, the percentage represents the ratio of the weight of that ingredient to the volume of the vaping substance.Concentration — combination of flavoursIn the case of ingredients that are added to a vaping substance solely to produce a combination of flavours, the proportion of the total concentration of those ingredients must be used to determine the order of setting out the indication “flavour” in the list of ingredients.
Directions to open and closeThe directions for opening and, if applicable, closing a child-resistant container that are referred to in section 55 must be set out using either or bothwords;a diagram or self-explanatory symbol.Official languagesIf the directions are set out in words, they may be displayed in one official language on the closure system of the child-resistant container and repeated elsewhere on the display surface of the container in the other official language.Diagram or symbol — colour contrastIf the directions are set out in a diagram or symbol, the contrast between the colour used for the information and that used for the background must be equivalent to at least a 70% screen of black on white.
Hazard symbol — minimum diameterThe hazard symbol referred to in paragraph 57(1)(a) must,in the case of an immediate container or exterior package whose main display panel has an area equal to or greater than 45 cm², have a diameter at least as large as the diameter of an imaginary circle that has an area equal to 3% of the main display panel; andin the case of an immediate container or exterior package whose main display panel has an area of less than 45 cm², have a diameter of at least 6 mm.
Toxicity warning and first aid treatment statementThe toxicity warning and first aid treatment statement referred to in paragraph 57(1)(b) must be displayed in such a manner thatthe word “POISON” is in bold-faced, upper case letters; andthe statement is located immediately beside or below the hazard symbol referred to in paragraph 57(1)(a).
Transitional Provision, Related Amendment and Coming into ForceTransitional Provision
Toxicity informationThe information on the toxicity of a vaping substance referred to in section 57 may, despite subsection 39(1) of the Consumer Chemicals and Containers Regulations, 2001, be displayed in accordance with these Regulations on a container that is an immediate container, other than a vaping device or vaping part, during the period beginning on the day on which these Regulations are published in the Canada Gazette, Part II, and ending on June 30, 2020.DefinitionIn this section, container has the same meaning as in subsection 1(1) of the Consumer Chemicals and Containers Regulations, 2001.
Related AmendmentCanada Consumer Product Safety ActConsumer Chemicals and Containers Regulations, 2001
[Amendments]
Coming into Force
July 1, 2020Subject to subsections (2) and (3), these Regulations come into force on July 1, 2020.January 1, 2021Section 50 comes into force, in respect of an immediate container that is a vaping device or vaping part, on January 1, 2021.PublicationSection 65 comes into force on the day on which these Regulations are published in the Canada Gazette, Part II.
(Subsection 43(1) and paragraph 57(1)(a) / paragraphe 43(1) et alinéa 57(1)a))HAZARD SYMBOL / PICTOGRAMME DE DANGERA symbol for a toxic substance, represented by an octagonal border encompassing a skull and crossbones.(Subparagraph 28(1)(a)(iii) and paragraph 60(1)(b))ILLUSTRATION — STANDARD SANS-SERIF TYPEThe height of the lower case letter x is the x-height. The part of the lower case letter b that is above the x-height is called an ascender. The part of the lower case letter p that is below the x-height is called a descender.SOR/2023-2472023-11-24SOR/2021-1232021-07-08