Nicotine Concentration in Vaping Products Regulations
P.C. 2021-518 2021-06-10
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
1 The following definitions apply in these Regulations.
Act means the Tobacco and Vaping Products Act. (Loi)
- vaping substance
vaping substance has the meaning assigned by paragraph (d) of the definition vaping product in section 2 of the Act. (substance de vapotage)
Marginal note:Retail sale — vaping products
2 (1) These Regulations apply 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) 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.
Marginal note:Standard — maximum nicotine concentration
4 (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.
Marginal note: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.
Marginal note: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”.
Marginal note:Prohibitions — packaging and sale
5 For 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 Force
6 Despite 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
Coming into Force
Marginal note:15th day after publication
Return to footnote *[Note: Regulations in force July 8, 2021.]
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