Vaping Products Promotion Regulations (SOR/2020-143)

Marginal note:Health warning — legibility

• 21 (1) The health warning that is conveyed in visual advertising must be displayed in a standard sans serif type that

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

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

  • (c) is black, on a background that is white, or white, on a background that is black.

• Marginal note:Characters in text — health warning

  (2) Each character in the text must have the same font and type size.

• Marginal note:Text of health warning

  (3) The 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 capitalized in the same manner as in the List of Health Warnings for Vaping Product Advertising and it is not in bold type; and

  • (c) if the health warning is displayed on more than one line of text, the letters in each word appear on the same line of text.

Marginal note:Attribution

22 The attribution “Health Canada” must be displayed immediately beside or below the English version of a health warning that is displayed in visual advertising, and the attribution “Santé Canada” must be displayed immediately beside or below the French version of the health warning.

Marginal note:Attribution — legibility

• 23 (1) The attribution of a health warning must be displayed in such a manner that

  • (a) it meets the requirements set out in subsections 21(1) and (2);

  • (b) it is not in bold type; and

  • (c) the height of the type of the attribution is equal to the x-height, as illustrated in the schedule, of a lower case letter displayed in the text of the health warning.

• 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

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

Advertising by Means of Telecommunication

Marginal note:Non-application of sections 14 to 23

• 24 (1) Sections 14 to 23 do not apply to required information that is conveyed in visual advertising transmitted by a means of telecommunication that does not allow the display of required information in accordance with the requirements set out in those sections.

• Marginal note:Application of sections 25 to 30

  (2) Sections 25 to 30 apply to required information that is conveyed in visual advertising transmitted by a means of telecommunication that does not allow the display of required information in accordance with the requirements set out in sections 14 to 23.

Marginal note:Required information — display

25 Required information must be displayed at the beginning of the advertising.

Marginal note:Required information — visibility and legibility

26 Required information

• (a) must be clear and legible; and

• (b) must not be concealed or obscured.

Marginal note:Official languages — display

27 If a health warning is conveyed in both official languages, each language version must be displayed before or after the other version.

Marginal note:Health warning — legibility

• 28 (1) The health warning must be displayed in a standard sans serif type that is not compressed, expanded or decorative.

• Marginal note:Characters in text

  (2) Each character in the text of the health warning must have the same font and type size.

• Marginal note:Text of health warning

  (3) The health warning must be displayed in such a manner that

  • (a) the text is presented in a consolidated manner, without any intervening words or images;

  • (b) the first word is in upper case letters;

  • (c) the remaining text is capitalized in the same manner as in the List of Health Warnings for Vaping Product Advertising; and

  • (d) if the health warning is displayed on more than one line of text, the letters in each word appear on the same line of text.

Marginal note:Attribution

29 The attribution “Health Canada” must be displayed immediately after the English version of the health warning that is displayed in the advertising, and the attribution “Santé Canada” must be displayed immediately after the French version of the health warning.

Marginal note:Attribution — legibility

30 The attribution of a health warning must be displayed

• (a) in a standard sans serif type that is not compressed, expanded or decorative; and

• (b) in the same font and type size as the health warning.

Video Advertising

Marginal note:Required information

31 Required information that is conveyed in visual advertising by video must be displayed at the end of the advertising.

Marginal note:Health warning — minimum duration

32 A health warning that is conveyed in visual advertising by video must be displayed for at least

• (a) four seconds, if the health warning is displayed in only one official language; or

• (b) eight seconds, if the health warning is displayed in both official languages.

Audio Advertising

Marginal note:Application of sections 34 to 36

33 Sections 34 to 36 apply to all kinds of audio advertising.

Marginal note:Required information — placement

34 Required information that is conveyed in audio advertising must be conveyed at the end of the audio advertising and must not be combined with any other audio information.

Marginal note:Requirements

35 The following requirements apply to the health warning that is conveyed in audio advertising:

• (a) the health warning must be conveyed in its entirety at the same speed, volume and tone as the main message, without any word being emphasized more than any other;

• (b) the health warning must be conveyed at the same speed, volume and tone in both official languages, if the advertising uses both official languages or another language; and

• (c) the health warning must be conveyed without any music or background sound.

Marginal note:Attribution

36 The attribution “This is a Health Canada warning:” must immediately precede the English version of the health warning that is conveyed in audio advertising and the attribution “Ce message est une mise en garde de Santé Canada :” must immediately precede the French version of the health warning.

Audio-Visual Advertising by Video

Marginal note:Required information — audio-visual advertising by video

37 In the case of audio-visual advertising by video, the audio and visual components of required information must be conveyed simultaneously.

Coming into Force

Marginal note:30th day after publication

• 38 (1) Subject to subsection (2), these Regulations come into force on the 30th day after the day on which they are published in the Canada Gazette, Part II.

• Marginal note:60th day after publication

  (2) Sections 3 and 4 come into force on the 60th day after the day on which these Regulations are published in the Canada Gazette, Part II.