CONSOLIDATION

Vaping Products Labelling and Packaging Regulations

SOR/2019-353

Current to June 20, 2022 Last amended on July 8, 2021



OFFICIAL STATUS OF CONSOLIDATIONS Subsections 31(1) and (3) of the Legislation Revision and Consolidation Act, in force on June 1, 2009, provide as follows: Published consolidation is evidence

31 (1) Every copy of a consolidated statute or consolidated regulation published by the Minister under this Act in either print or electronic form is evidence of that statute or regulation and of its contents and every copy purporting to be published by the Minister is deemed to be so published, unless the contrary is shown. ... Inconsistencies in regulations

(3) In the event of an inconsistency between a consolidated regulation published by the Minister under this Act and the original regulation or a subsequent amendment as registered by the Clerk of the Privy Council under the Statutory Instruments Act, the original regulation or amendment prevails to the extent of the inconsistency.

LAYOUT The notes that appeared in the left or right margins are now in boldface text directly above the provisions to which they relate. They form no part of the enactment, but are inserted for convenience of reference only.

NOTE This consolidation is current to June 20, 2022. The last amendments came into force on July 8, 2021. Any amendments that were not in force as of June 20, 2022 are set out at the end of this document under the heading “Amendments Not in Force”.

Current to June 20, 2022 Last amended on July 8, 2021

TABLE OF PROVISIONS Vaping Products Labelling and Packaging Regulations

PART 1

Labelling — Awareness of Health Hazards from Use of Vaping Products Interpretation 1

Definitions

Application 2

Retail sale — vaping products

Non-application

Purpose 4

Labelling — Tobacco and Vaping Products Act

Vaping Products Containing Nicotine Nicotine Concentration Statement 5

Requirement — vaping product containing nicotine

Requirement — nicotine concentration

Placement — vaping device and vaping part

Placement — packaged vaping device and vaping part

Placement — refill vaping product

Placement — vaping products in kit

Placement — kit

Placement — prepackaged product

Health Warning 13

Requirement — vaping product containing nicotine

List of health warnings

Amended health warning

Placement — vaping device and vaping part

Placement — packaged vaping device and vaping part

Current to June 20, 2022 Last amended on July 8, 2021

ii

Vaping Products Labelling and Packaging Regulations TABLE OF PROVISIONS

Placement — refill vaping product

Placement — vaping products in kit

Placement — kit

Attribution

Vaping Products Without Nicotine 22

No nicotine

Permitted expressions

Placement

Presentation of Information Official Languages 25

Required health warning and permitted expression

Technical Specifications General 26

Integrity

Permanence

Legibility

Characters in text

Visibility

Nicotine Concentration Statement 31

Specific legibility rules

Text — health warning

Official languages — placement

Official languages — vaping product and package

Visibility

Specific legibility rules

Health Warning

Leaflet and Tag 37

Display of information

Specific legibility rule

Leaflet

Tag — visibility

Tag — safe handling

Attribution 42

Continuous text

Current to June 20, 2022 Last amended on July 8, 2021

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Vaping Products Labelling and Packaging Regulations TABLE OF PROVISIONS

PART 2

Labelling and Packaging — Protection of Human Health or Safety Interpretation 43

Definitions

Application 44

Vaping products — consumer products

Purpose 45

Requirements — Canada Consumer Product Safety Act

Exception 46

Importation to bring into compliance or to export

Requirements List of Ingredients 47

Contents

List of ingredients — placement

Maximum nicotine concentration

Child-Resistant Containers 50

Requirement — child-resistant container

Applicable standard

Maintain characteristics

Evaluation

Documents

Directions for opening and closing

Single-use immediate container

Toxicity information

Vaping device and vaping part

Presentation of Information 59

Languages, legibility and durability

Information in words — general rules

Order of presentation of ingredients

Directions to open and close

Hazard symbol — minimum diameter

Toxicity warning and first aid treatment statement

Current to June 20, 2022 Last amended on July 8, 2021

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Vaping Products Labelling and Packaging Regulations TABLE OF PROVISIONS

PART 3

Transitional Provision, Related Amendment and Coming into Force Transitional Provision 65

Toxicity information

Related Amendment Canada Consumer Product Safety Act Consumer Chemicals and Containers Regulations, 2001

Coming into Force 67

July 1, 2020

SCHEDULE 1 / ANNEXE 1 SCHEDULE 2

Current to June 20, 2022 Last amended on July 8, 2021

v

Registration SOR/2019-353

December 19, 2019

TOBACCO AND VAPING PRODUCTS ACT CANADA CONSUMER PRODUCT SAFETY ACT

Vaping Products Regulations P.C. 2019-1416

Labelling

and

Packaging

December 18, 2019

Her Excellency the Governor General in Council, on the recommendation of the Minister of Health, makes the annexed Vaping Products Labelling and Packaging Regulations pursuant to (a) sections 17a and 33b of the Tobacco and Vaping

Products Actc; and (b) section 37d of the Canada Consumer Product

Safety Acte.

a

S.C. 2018, c. 9, s. 22

b

S.C. 2018, c. 9, s. 44

c

S.C. 1997, c. 13; S.C. 2018, c. 9, s. 2

d

S.C. 2016, c. 9, s. 67

e

S.C. 2010, c. 21

Current to June 20, 2022 Last amended on July 8, 2021

Vaping Products Labelling and Packaging Regulations

PART 1

Labelling — Awareness of Health Hazards from Use of Vaping Products Interpretation Definitions 1 (1) The following definitions apply in this Part.

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 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 means the innermost package of a vaping product, including a blister pack. (emballage intérieur) kit means a package that contains a collection of two or more units of vaping products. (trousse) 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

Current to June 20, 2022 Last amended on July 8, 2021

Vaping Products Labelling and Packaging Regulations PART 1 Labelling — Awareness of Health Hazards from Use of Vaping Products Interpretation Section 1

(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 does not include an individual or entity that only packages or labels vaping products on behalf of a manufacturer. (fabricant) 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 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 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)

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.

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.

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.

Current to June 20, 2022 Last amended on July 8, 2021

Vaping Products Labelling and Packaging Regulations PART 1 Labelling — Awareness of Health Hazards from Use of Vaping Products Application Sections 2-4

Application 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. 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. SOR/2021-123, s. 7.

Non-application 3 This Part does not apply to vaping products that are

subject to the Food and Drugs Act.

Purpose 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.

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.

Current to June 20, 2022 Last amended on July 8, 2021

Vaping Products Labelling and Packaging Regulations PART 1 Labelling — Awareness of Health Hazards from Use of Vaping Products Vaping Products Containing Nicotine Sections 5-9

Vaping Products Containing Nicotine Nicotine Concentration Statement Requirement — vaping product containing nicotine 5 Every vaping product that contains nicotine must display a nicotine concentration statement. 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”. 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.

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.

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.

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.

Current to June 20, 2022 Last amended on July 8, 2021

Vaping Products Labelling and Packaging Regulations PART 1 Labelling — Awareness of Health Hazards from Use of Vaping Products Vaping Products Containing Nicotine Nicotine Concentration Statement Sections 9-12

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. 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.

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. 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.

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. 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.

Current to June 20, 2022 Last amended on July 8, 2021

Vaping Products Labelling and Packaging Regulations PART 1 Labelling — Awareness of Health Hazards from Use of Vaping Products Vaping Products Containing Nicotine Health Warning Sections 13-17

Health Warning Requirement — vaping product containing nicotine 13 Every vaping product that contains nicotine must display a health warning.

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. 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.

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. 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. 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. 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

Current to June 20, 2022 Last amended on July 8, 2021

Vaping Products Labelling and Packaging Regulations PART 1 Labelling — Awareness of Health Hazards from Use of Vaping Products Vaping Products Containing Nicotine Health Warning Sections 17-19

(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.

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.

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.

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.

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.

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,

Current to June 20, 2022 Last amended on July 8, 2021

Vaping Products Labelling and Packaging Regulations PART 1 Labelling — Awareness of Health Hazards from Use of Vaping Products Vaping Products Containing Nicotine Health Warning Sections 19-23

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

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. 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. 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 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. 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.

Current to June 20, 2022 Last amended on July 8, 2021

Vaping Products Labelling and Packaging Regulations PART 1 Labelling — Awareness of Health Hazards from Use of Vaping Products Vaping Products Without Nicotine Sections 23-28

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 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 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.

Exception — blister pack (2) Subsection (1) does not apply to an interior package

that is a blister pack. Permanence 27 Any required information and any expression permitted by section 23 must be irremovable. 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 xheight 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.

Current to June 20, 2022 Last amended on July 8, 2021

Vaping Products Labelling and Packaging Regulations PART 1 Labelling — Awareness of Health Hazards from Use of Vaping Products Presentation of Information Technical Specifications Sections 28-32

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”.

Characters in text 29 Each character in the text of the required information

must have the same font and type size. 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 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. Measurement of height of type (2) The height of the type must be determined in accordance with subsection 28(2).

Health Warning 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.

Current to June 20, 2022 Last amended on July 8, 2021

Vaping Products Labelling and Packaging Regulations PART 1 Labelling — Awareness of Health Hazards from Use of Vaping Products Presentation of Information Technical Specifications Sections 33-36

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.

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. 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.

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

Current to June 20, 2022 Last amended on July 8, 2021

Vaping Products Labelling and Packaging Regulations PART 1 Labelling — Awareness of Health Hazards from Use of Vaping Products Presentation of Information Technical Specifications Sections 37-42

Leaflet and Tag 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.

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. Measurement of height of type (2) The height of the type must be determined in accordance with subsection 28(2). 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. 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. Tag — safe handling 41 A tag must not interfere with the normal use or safe handling of the vaping product.

Attribution 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.

Current to June 20, 2022 Last amended on July 8, 2021

Vaping Products Labelling and Packaging Regulations PART 1 Labelling — Awareness of Health Hazards from Use of Vaping Products Presentation of Information Technical Specifications Sections 42-43

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. 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 2

Labelling and Packaging — Protection of Human Health or Safety Interpretation Definitions 43 (1) The following definitions apply in this Part.

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

Current to June 20, 2022 Last amended on July 8, 2021

Vaping Products Labelling and Packaging Regulations PART 2 Labelling and Packaging — Protection of Human Health or Safety Interpretation Section 43

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 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 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 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 has the same meaning as in section 2 of the Tobacco and Vaping Products Act. (produit de vapotage) 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)

Current to June 20, 2022 Last amended on July 8, 2021

Vaping Products Labelling and Packaging Regulations PART 2 Labelling and Packaging — Protection of Human Health or Safety Interpretation Sections 43-46

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. 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 Vaping products — consumer products 44 (1) This Part applies to vaping products that are consumer products. Non-application (2) For greater certainty, this Part does not apply to vaping products that are subject to the Food and Drugs Act.

Purpose 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 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.

Current to June 20, 2022 Last amended on July 8, 2021

Vaping Products Labelling and Packaging Regulations PART 2 Labelling and Packaging — Protection of Human Health or Safety Exception Sections 46-48

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 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.

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.

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.

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.

Exception — size of main display panel (3) If the main display panel of the immediate container

has an area of less than 45 cm2, the list of ingredients must be displayed on the display surface of the exterior package or a tag attached to the immediate container.

Current to June 20, 2022 Last amended on July 8, 2021

Vaping Products Labelling and Packaging Regulations PART 2 Labelling and Packaging — Protection of Human Health or Safety Requirements List of Ingredients Sections 49-51

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. SOR/2021-123, s. 8.

Child-Resistant Containers 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. 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. 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.

Current to June 20, 2022 Last amended on July 8, 2021

Vaping Products Labelling and Packaging Regulations PART 2 Labelling and Packaging — Protection of Human Health or Safety Requirements Child-Resistant Containers Sections 51-53

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.

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.

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. Definitions (2) The following definitions apply in this section.

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 Cooperation 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

Current to June 20, 2022 Last amended on July 8, 2021

Vaping Products Labelling and Packaging Regulations PART 2 Labelling and Packaging — Protection of Human Health or Safety Requirements Child-Resistant Containers Sections 53-55

(c) for human experience data, a peer-reviewed study

of clinical cases. (bonnes pratiques scientifiques) 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)

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).

Inspector’s request (2) In the case of a vaping substance for which a childresistant 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. 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

Current to June 20, 2022 Last amended on July 8, 2021

Vaping Products Labelling and Packaging Regulations PART 2 Labelling and Packaging — Protection of Human Health or Safety Requirements Child-Resistant Containers Sections 55-56

system of the immediate container or on the display surface of the immediate container. 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.

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.” Exterior package (2) Subject to subsection (4), the statement must also be

displayed on the display surface of the exterior package, if any. 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.

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.

Exception — immediate container that is not packaged (5) If the main display panel of the immediate container

has an area of less than 45 cm2 and the immediate container is not packaged, the statement must be displayed on a tag attached to the immediate container.

Current to June 20, 2022 Last amended on July 8, 2021

Vaping Products Labelling and Packaging Regulations PART 2 Labelling and Packaging — Protection of Human Health or Safety Requirements Child-Resistant Containers Sections 57-59

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.” 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.

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

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 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

Current to June 20, 2022 Last amended on July 8, 2021

Vaping Products Labelling and Packaging Regulations PART 2 Labelling and Packaging — Protection of Human Health or Safety Requirements Presentation of Information Sections 59-61

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

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.

Measurement of height of type (2) The height of the type must be determined in accordance with subsection 28(2). Characters in text (3) Each character in the text of the required information

must have the same font and type size. 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).

Concentration of ingredient (2) In this section, when the concentration of an ingredient in a vaping substance is expressed as a percentage,

Current to June 20, 2022 Last amended on July 8, 2021

Vaping Products Labelling and Packaging Regulations PART 2 Labelling and Packaging — Protection of Human Health or Safety Requirements Presentation of Information Sections 61-64

the percentage represents the ratio of the weight of that ingredient to the volume of the vaping substance. 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.

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.

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.

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.

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. 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

Current to June 20, 2022 Last amended on July 8, 2021

Vaping Products Labelling and Packaging Regulations PART 2 Labelling and Packaging — Protection of Human Health or Safety Requirements Presentation of Information Sections 64-67

(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 3

Transitional Provision, Related Amendment and Coming into Force Transitional Provision 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.

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

Current to June 20, 2022 Last amended on July 8, 2021

Vaping Products Labelling and Packaging Regulations PART 3 Transitional Provision, Related Amendment and Coming into Force Coming into Force Section 67

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.

Publication (3) Section 65 comes into force on the day on

which these Regulations are published in the Canada Gazette, Part II.

Current to June 20, 2022 Last amended on July 8, 2021

Vaping Products Labelling and Packaging Regulations SCHEDULE 1 / ANNEXE 1

SCHEDULE 1 / ANNEXE 1

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

HAZARD SYMBOL / PICTOGRAMME DE DANGER

Current to June 20, 2022 Last amended on July 8, 2021

Vaping Products Labelling and Packaging Regulations SCHEDULE 2

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

ILLUSTRATION — STANDARD SANS-SERIF TYPE

Current to June 20, 2022 Last amended on July 8, 2021

