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.

Marginal note:Placement — refill vaping product

• 18 (1) The 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.

• Marginal note:Exception — small refill vaping product

  (2) However, 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.

• Marginal note:Placement — packaged refill vaping product

  (3) If the refill vaping product is packaged, the health warning must also be displayed on the main display panel of the exterior package.

Marginal note:Placement — vaping products in kit

• 19 (1) The health warning 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 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, on

  • (a) the main display panel of that refill vaping product; or

  • (b) if the main display panel of the refill vaping product has an area of less than 15 cm²,

    • (i) the main display panel of the interior package of a refill vaping product that is packaged, or

    • (ii) a tag.

Marginal note:Placement — kit

• 20 (1) If 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.

• Marginal note:One health warning — kit

  (2) However, 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.

Marginal note:Attribution

21 If 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.

Vaping Products Without Nicotine

Marginal note:No nicotine

22 A vaping product may display an expression permitted by section 23 if

• (a) in the case of a vaping substance, it does not contain nicotine; and

• (b) in the case of any other vaping product that contains a vaping substance, the product does not contain nicotine.

Marginal note:Permitted expressions

23 Only one of the following expressions is permitted to be displayed on a vaping product:

• (a) “Nicotine-free” in the English version of the expression and “Sans nicotine” in the French version of the expression;

• (b) “No nicotine” in the English version of the expression and “Aucune nicotine” in the French version of the expression; or

• (c) “Does not contain nicotine” in the English version of the expression and “Ne contient pas de nicotine” in the French version of the expression.

Marginal note:Placement

24 An 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 Information

Official Languages

Marginal note:Required health warning and permitted expression

25 The required health warning and any expression permitted by section 23 must be displayed in both official languages, in the same manner.

Technical Specifications

General

Marginal note:Integrity

• 26 (1) The 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.

• Marginal note:Exception — blister pack

  (2) Subsection (1) does not apply to an interior package that is a blister pack.

Marginal note:Permanence

27 Any required information and any expression permitted by section 23 must be irremovable.

Marginal note:Legibility

• 28 (1) Any required information must

  • (a) be displayed in a standard sans-serif type that

    • (i) is not compressed, expanded or decorative,

    • (ii) is black on a white background, and

    • (iii) as illustrated in Schedule 2, has a large x-height relative to the ascender or descender of the type; and

  • (b) be 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.

• Marginal note:Measurement of height of type

  (2) The 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”.

Marginal note:Characters in text

29 Each character in the text of the required information must have the same font and type size.

Marginal note:Visibility

30 Any 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

Marginal note:Specific legibility rules

• 31 (1) A nicotine concentration statement that is displayed on a vaping product or package must be displayed

  • (a) in 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;

  • (b) 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; and

  • (c) in 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.

• Marginal note:Measurement of height of type

  (2) The height of the type must be determined in accordance with subsection 28(2).

Health Warning

Marginal note:Text — health warning

32 A health warning must be displayed in such a manner that

• (a) the first word is in upper case letters and bold type;

• (b) the remaining text is not in bold type and is in sentence case letters.

Marginal note:Official languages — placement

33 A 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.

Marginal note:Official languages — vaping product and package

34 In 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.

Marginal note:Visibility

35 A health warning that is displayed on a vaping product or package must

• (a) in the case of a vaping product or package that is cylindrical in shape, not extend beyond the main display panel;

• (b) in the case of a vaping product or package that has a rectangular cuboid shape, be displayed on the main display panel; and

• (c) in 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.

Marginal note:Specific legibility rules

• 36 (1) In the case of a health warning that is displayed on a vaping product or package, the health warning must be displayed

  • (a) 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 of less than 45 cm²; and

  • (b) in 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.

• Marginal note:Measurement of height of type

  (2) The height of the type must be determined in accordance with subsection 28(2).

Leaflet and Tag

Marginal note:Display of information

37 Any required information that is displayed in a leaflet or on a tag must be

• (a) positioned 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; and

• (b) displayed 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.

Marginal note:Specific legibility rule

• 38 (1) Any 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.

• Marginal note:Measurement of height of type

  (2) The height of the type must be determined in accordance with subsection 28(2).

Marginal note:Leaflet

39 A leaflet that displays a health warning that is required for a vaping product must be inserted in the package containing the vaping product.

Marginal note:Tag — visibility

40 A 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.

Marginal note:Tag — safe handling

41 A tag must not interfere with the normal use or safe handling of the vaping product.

Attribution

Marginal note:Continuous text

• 42 (1) The 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.

• Marginal note:Specific legibility rules

  (2) The attribution of a health warning must be displayed in such a manner that

  • (a) it meets the requirements set out in sections 28 and 29;

  • (b) it is not in bold type; and

  • (c) the height and body size of the type of the attribution are no larger than those of the type of the health warning.

• Marginal note:Characters in text

  (3) Each character in the text of the attribution must have the same font as the text of the health warning.

PART 2Labelling and Packaging — Protection of Human Health or Safety

Interpretation

Marginal note:Definitions

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

  display surface

  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

  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

  hazard symbol means the pictograph and its frame as set out in Schedule 1. (pictogramme de danger)

  immediate container

  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

  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 includes

  • (a) in the case of a rectangular immediate container or exterior package, the largest side of the display surface;

  • (b) in the case of a cylindrical immediate container or exterior package, the larger of

    • (i) the area of the top, or

    • (ii) 40% of the area obtained by multiplying the circumference of the immediate container or exterior 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 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

  responsible person means

  • (a) the manufacturer that, in Canada, manufactures a vaping device or vaping part or places a vaping substance in its immediate container; and

  • (b) the 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

  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 product

  vaping product has the same meaning as in section 2 of the Tobacco and Vaping Products Act. (produit 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 of “should”

  (2) 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.

• Marginal note:Application of meanings in Canada Consumer Product Safety Act

  (3) All other words and expressions used in this Part have the same meaning as in the Canada Consumer Product Safety Act.

Application

Marginal note:Vaping products — consumer products

• 44 (1) This Part applies to vaping products that are consumer products.

• Marginal note:Non-application

  (2) For greater certainty, this Part does not apply to vaping products that are subject to the Food and Drugs Act.

Purpose

Marginal note:Requirements — Canada Consumer Product Safety Act

45 For 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

Marginal note:Importation to bring into compliance or to export

• 46 (1) A person may import a vaping product that does not comply with a requirement of this Part for the purpose of

  • (a) bringing the product into compliance with the requirement;

  • (b) reselling the product to a manufacturer in Canada that will bring it into compliance with the requirement; or

  • (c) exporting the product to another country.

• Marginal note:Credible evidence

  (2) A 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.

Requirements

List of Ingredients

Marginal note:Contents

• 47 (1) A 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.

• Marginal note:List of ingredients — “flavour”

  (2) 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.

Marginal note:List of ingredients — placement

• 48 (1) Subject 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.

• Marginal note:Exception — vaping device and vaping part

  (2) If 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.

• Marginal note:Exception — small immediate container

  (3) If the immediate container has a small size, the list of ingredients must be displayed

  • (a) if 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; and

  • (b) if 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.

Marginal note:Maximum nicotine concentration

49 Subject to the Nicotine Concentration in Vaping Products Regulations, a vaping product must not contain nicotine in a concentration of 66 mg/mL or more.

Child-Resistant Containers

Marginal note:Requirement — child-resistant container

• 50 (1) Every 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.

• Marginal note:Exception

  (2) Subsection (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.

Marginal note:Applicable standard

• 51 (1) A child-resistant container must

  • (a) be 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; or

  • (b) meet the child test protocol requirements of one of the following standards or a standard that is at least equivalent:

    • (i) the Canadian Standards Association Standard CAN/CSA Z76.1-16, entitled Reclosable child-resistant packages, as amended from time to time,

    • (ii) 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, or

    • (iii) the 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.

• Marginal note:Amended standard

  (2) Despite 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.

Marginal note:Maintain characteristics

52 A 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.

Marginal note:Evaluation

• 53 (1) The responsible person, using good scientific practices, must evaluate

  • (a) the 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; and

  • (b) the 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.

• Marginal note:Definitions

  (2) The following definitions apply in this section.

  good scientific practices

  good scientific practices means

  • (a) for 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;

  • (b) 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; and

  • (c) for human experience data, a peer-reviewed study of clinical cases. (bonnes pratiques scientifiques)

  human experience data

  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 from

  • (a) exposure to a vaping substance; or

  • (b) the reasonably foreseeable use of a vaping substance or immediate container by a consumer, including by a child. (données de l’expérience humaine)

Marginal note:Documents

• 54 (1) The 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:

  • (a) the specifications critical to the child-resistant characteristics of the container, including

    • (i) the physical measurements within which the container retains its child-resistant characteristics,

    • (ii) if applicable, the torque that must be applied to open or close the container, and

    • (iii) the compatibility of the container and its closure system with the vaping substance that is to be placed into it; and

  • (b) the test results that demonstrate that the container and its closure system meet the requirements of a standard referred to in paragraph 51(1)(b).

• Marginal note:Inspector’s request

  (2) In 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.

Marginal note:Directions for opening and closing

• 55 (1) Directions 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.

• Marginal note:Exception — vaping device and vaping part

  (2) However, in the case of an immediate container that is a vaping device or vaping part, the directions may be displayed

  • (a) on a package containing the vaping device or vaping part, or on a leaflet that is inserted in the package; or

  • (b) if it is not packaged, on a tag that is attached to the vaping device or vaping part.

Marginal note:Single-use immediate container

• 56 (1) Subject 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.”

• Marginal note:Exterior package

  (2) Subject to subsection (4), the statement must also be displayed on the display surface of the exterior package, if any.

• Marginal note:Exception — immediate container

  (3) If 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.

• Marginal note:Exception — exterior package

  (4) If 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.

• Marginal note:Exception — small immediate container that is not packaged

  (5) If the immediate container has a small size and is not packaged, the statement must be displayed

  • (a) if 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; and

  • (b) if 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.

Marginal note:Toxicity information

• 57 (1) The 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:

  • (a) an exact reproduction, except with respect to size, of the hazard symbol set out in Schedule 1; and

  • (b) the 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.”

• Marginal note:Exception — vaping device and vaping part

  (2) If 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.

• Marginal note:Exterior package

  (3) The information must also be displayed on the display surface of the exterior package, if any.

• Marginal note:Exception — exposure to vaping substance

  (4) However, 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.

Marginal note:Vaping device and vaping part

58 Despite 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

Marginal note:Languages, legibility and durability

59 The information required under this Part must

• (a) be displayed in both official languages;

• (b) 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; and

• (c) be displayed in black type on a white background.

Marginal note:Information in words — general rules

• 60 (1) If the required information is set out in words, the words must be displayed in a standard sans-serif type that

  • (a) is not compressed, expanded or decorative;

  • (b) as illustrated in Schedule 2, has a large x-height relative to the ascender or descender of the type;

  • (c) 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; and

  • (d) in 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.

• Marginal note:Measurement of height of type

  (2) The height of the type must be determined in accordance with subsection 28(2).

• Marginal note:Characters in text

  (3) Each character in the text of the required information must have the same font and type size.

Marginal note:Order of presentation of ingredients

• 61 (1) The ingredients set out in the list of ingredients referred to in section 47 must,

  • (a) 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; and

  • (b) in 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).

• Marginal note:Concentration of ingredient

  (2) In 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.

• Marginal note:Concentration — combination of flavours

  (3) In 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.

Marginal note:Directions to open and close

• 62 (1) The 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 both

  • (a) words;

  • (b) a diagram or self-explanatory symbol.

• Marginal note:Official languages

  (2) If 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.

• Marginal note:Diagram or symbol — colour contrast

  (3) If 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.

Marginal note:Hazard symbol — minimum diameter

63 The hazard symbol referred to in paragraph 57(1)(a) must,

• (a) 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; and

• (b) in 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.

Marginal note:Toxicity warning and first aid treatment statement

64 The toxicity warning and first aid treatment statement referred to in paragraph 57(1)(b) must be displayed in such a manner that

• (a) the word “POISON” is in bold-faced, upper case letters; and

• (b) the statement is located immediately beside or below the hazard symbol referred to in paragraph 57(1)(a).

PART 3Transitional Provision, Related Amendment and Coming into Force

Transitional Provision

Marginal note:Toxicity information

• 65 (1) The 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.

• Marginal note:Definition

  (2) In this section, container has the same meaning as in subsection 1(1) of the Consumer Chemicals and Containers Regulations, 2001.

Related Amendment

Canada Consumer Product Safety Act

Consumer Chemicals and Containers Regulations, 2001

66 [Amendments]

Coming into Force

Marginal note:July 1, 2020

• 67 (1) Subject to subsections (2) and (3), these Regulations come into force on July 1, 2020.

• Marginal note:January 1, 2021

  (2) Section 50 comes into force, in respect of an immediate container that is a vaping device or vaping part, on January 1, 2021.

• Marginal note:Publication

  (3) Section 65 comes into force on the day on which these Regulations are published in the Canada Gazette, Part II.

SCHEDULE 1 / ANNEXE 1(Subsection 43(1) and paragraph 57(1)(a) / paragraphe 43(1) et alinéa 57(1)a))

SCHEDULE 2(Subparagraph 28(1)(a)(iii) and paragraph 60(1)(b))