Tobacco and Vaping Products Act

Marginal note:Prescription vaping products

• 13 (1) Subsections 8(1), 9(1) and 10(3) do not apply in respect of

  • (a) a prescription vaping product; or

  • (b) a device, within the meaning of section 2 of the Food and Drugs Act, that is the subject of an authorization issued under that Act authorizing its sale for use with a prescription vaping product.

• Marginal note:Definition of prescription

  (2) In this section, prescription, in respect of a vaping product, means

  • (a) that the product

    • (i) contains a drug that is set out in the prescription drug list, as amended from time to time, established under subsection 29.1(1) of the Food and Drugs Act, or a drug that is part of a class of drugs that is set out in that list, and

    • (ii) is the subject of an authorization issued under that Act authorizing its sale; or

  • (b) that the product contains a controlled substance, as defined in subsection 2(1) of the Controlled Drugs and Substances Act, the sale or provision of which is authorized under that Act.