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TOBACCO AND VAPING PRODUCTS ACTCANADA CONSUMER PRODUCT SAFETY ACTNicotine Concentration in Vaping Products RegulationsP.C.2021-51820216

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His Excellency the Administrator of the Government of Canada in Council, on the recommendation of the Minister of Health, makes the annexed Nicotine Concentration in Vaping Products Regulations pursuant to(a)sections 7.8a, 17b and 33c of the Tobacco and Vaping Products Actd; andaS.C. 2018, c. 9, s. 12bS.C. 2018, c. 9, s. 22cS.C. 2018, c. 9, s. 44dS.C. 1997, c. 13; S.C. 2018, c. 9, s. 2(b)section 37e of the Canada Consumer Product Safety Actf.eS.C. 2016, c. 9, s. 67fS.C. 2010, c. 21Definitions

Definitions1The following definitions apply in these Regulations.Act means the Tobacco and Vaping Products Act. (Loi)vaping substance has the meaning assigned by paragraph (d) of the definition vaping product in section 2 of the Act. (substance de vapotage)

Application

Retail sale — vaping products2(1)These Regulations apply to every vaping product that is intended for retail sale in Canada, as well as to its packaging.Vaping products — otherwise furnished(2)These Regulations also apply 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.

Non-application3These Regulations do not apply to a vaping product that is the subject of an authorization, including a licence, issued under the Food and Drugs Act authorizing its sale.

Nicotine Concentration

Standard — maximum nicotine concentration4(1)For the purposes of section 7.2 of the Act, a vaping product must not contain nicotine in a concentration that exceeds 20 mg/mL when the vaping substance is tested using the International Organization for Standardization standard ISO 20714, entitled E-liquid — Determination of nicotine, propylene glycol and glycerol in liquids used in electronic nicotine delivery devices — Gas chromatographic method, as amended from time to time.Conversion of units of measure(2)The nicotine concentration expressed in mg/mL must be obtained by multiplying the results of the test conducted in accordance with ISO 20714, expressed in mg/g, by the density of the vaping substance, expressed in g/mL.Interpretation — vaping substance(3)For the purposes of these Regulations, a reference to “e-liquid” in ISO 20714 must be read as a reference to “vaping substance”.

Prohibitions — packaging and sale5For the purposes of section 30.45 of the Act, a vaping product must not be packaged or sold in a package that displays a nicotine concentration statement, referred to in section 5 of the Vaping Products Labelling and Packaging Regulations, that indicates that the nicotine concentration in the vaping substance exceeds 20 mg/mL.

Transitional Provision, Consequential Amendments and Coming into ForceTransitional Provision

Retailers6Despite these Regulations, a retailer may, until the day that is the 15th day after the day on which these Regulations come into force, sell a vaping product that is packaged in a manner that is contrary to section 5.

Consequential Amendments to the Vaping Products Labelling and Packaging Regulations

7[Amendments]

8[Amendments]

Coming into Force

15th day after publication*9These Regulations come into force on the 15th day after the day on which they are published in the Canada Gazette, Part II.*[Note: Regulations in force July 8, 2021.]