CONSOLIDATION

Vaping Products Promotion Regulations

SOR/2020-143

Current to June 20, 2022 Last amended on September 6, 2020



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 September 6, 2020. 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 September 6, 2020

TABLE OF PROVISIONS Vaping Products Promotion Regulations

Definition 1

Definition of Act

PART 1

Advertising and Point of Sale Promotion Advertising 2

Advertising — young persons

Point of Sale Promotion 3

Display — vaping product

Display — package

Display — brand element

Visual advertising — general conditions

Signs — specific conditions

PART 2

Required Information in Advertising Health Warning 8

Advertising — list of health warnings

Exceptions to section 8

Single health warning

Official languages

Attribution 12

Attribution of health warning

Presentation of Required Information Visual Advertising General Requirements 13

Application of sections 14 to 23

Definition of display area

Required information — placement

Required information — visibility and legibility

Requirement — rectangular border

Current to June 20, 2022 Last amended on September 6, 2020

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Vaping Products Promotion Regulations TABLE OF PROVISIONS

Display area

Presentation of health warning

Official languages — placement

Health warning — legibility

Attribution

Attribution — legibility

Non-application of sections 14 to 23

Required information — display

Required information — visibility and legibility

Official languages — display

Health warning — legibility

Attribution

Attribution — legibility

Advertising by Means of Telecommunication

Video Advertising 31

Required information

Health warning — minimum duration

Audio Advertising 33

Application of sections 34 to 36

Required information — placement

Requirements

Attribution

Audio-Visual Advertising by Video 37

Required information — audio-visual advertising by video

Coming into Force 38

30th day after publication

SCHEDULE

Current to June 20, 2022 Last amended on September 6, 2020

iv

Registration SOR/2020-143

June 26, 2020

TOBACCO AND VAPING PRODUCTS ACT

Vaping Products Promotion Regulations

P.C. 2020-488

June 25, 2020

Her Excellency the Governor General in Council, on the recommendation of the Minister of Health, pursuant to section 33a of the Tobacco and Vaping Products Actb, makes the annexed Vaping Products Promotion Regulations.

a

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

b

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

Current to June 20, 2022 Last amended on September 6, 2020

Vaping Products Promotion Regulations

Definition Definition of Act 1 In these Regulations, Act means the Tobacco and Vaping Products Act.

PART 1

Advertising and Point of Sale Promotion Advertising Advertising — young persons 2 (1) For the purposes of section 30.701 of the Act, a vaping product or a vaping product-related brand element must not be promoted by means of advertising done in a manner that allows the advertising to be seen or heard by young persons. Exceptions (2) Subsection (1) does not apply to the following types

of advertising: (a) subject to paragraph (b), visual advertising that is located at the point of sale, if the conditions set out in paragraphs 6(1)(a) to (d) are met; (b) advertising on a sign that is located at a point of

sale that is a retail establishment where vaping products are sold if (i) the conditions set out in paragraphs 7(1)(a) to

(e) are met, or (ii) the sign indicates only the availability at the establishment and price of vaping products and provincial legislation that governs the retail establishment applies to signs promoting vaping products; (c) advertising in a publication that is addressed and sent to an adult who is identified by name; and

Current to June 20, 2022 Last amended on September 6, 2020

Vaping Products Promotion Regulations PART 1 Advertising and Point of Sale Promotion Advertising Sections 2-6

(d) advertising in a publication that is provided on request to an adult at a point of sale that is a retail establishment where vaping products are sold.

Point of Sale Promotion Display — vaping product 3 (1) For the purposes of section 30.8 of the Act, a vaping product must not be displayed, at the point of sale, in a manner that allows it to be seen by young persons.

Exception — provincial legislation (2) Subsection (1) does not apply to a point of sale that is a retail establishment where vaping products are sold if provincial legislation that governs the retail establishment prohibits vaping products from being displayed in a manner that allows them to be seen by young persons.

Display — package 4 (1) For the purposes of section 30.8 of the Act, the

package of a vaping product must not be displayed, at the point of sale, in a manner that allows the package to be seen by young persons. Exception — provincial legislation (2) Subsection (1) does not apply to a point of sale that is a retail establishment where vaping products are sold if provincial legislation that governs the retail establishment prohibits the packages of vaping products from being displayed in a manner that allows the packages to be seen by young persons.

Display — brand element 5 (1) For the purposes of section 30.8 of the Act, a thing that displays a vaping product-related brand element must not be displayed, at the point of sale, in a manner that allows the brand element to be seen by young persons.

Exception — provincial legislation (2) Subsection (1) does not apply to a point of sale that is

a retail establishment where vaping products are sold if provincial legislation that governs the retail establishment prohibits, directly or indirectly, vaping product-related brand elements from being displayed in a manner that allows them to be seen by young persons. Visual advertising — general conditions 6 (1) For the purposes of section 30.8 of the Act, a vaping product or a vaping product-related brand element

Current to June 20, 2022 Last amended on September 6, 2020

Vaping Products Promotion Regulations PART 1 Advertising and Point of Sale Promotion Point of Sale Promotion Sections 6-7

must not, subject to subsection (2) and section 7, be promoted by means of a visual advertisement at the point of sale unless the following conditions are met: (a) only one such advertisement is located at the point

of sale; (b) the advertisement indicates only the availability at

the point of sale and price of vaping products; (c) the advertisement does not include any visual, sound or other effects that are likely to draw attention to it; and (d) the advertisement uses only black characters on a

white background. Exception — visibility (2) Subsection (1) does not apply in respect of visual advertising done in a manner that does not allow the advertising to be seen by young persons.

Signs — specific conditions 7 (1) For the purposes of section 30.8 of the Act, a vaping product or a vaping product-related brand element must not, subject to subsections (2) and (3), be promoted by means of advertising on a sign that is located at a point of sale that is a retail establishment where vaping products are sold, unless the following conditions are met: (a) the sign indicates only the availability at the establishment and price of vaping products; (b) only one such sign is located at the establishment; (c) the sign does not include any visual, sound or other effects that are likely to draw attention to it; (d) the sign uses only black characters on a white

background; and (e) the sign is rectangular and does not exceed 3 600

cm2 in area.

Exception — provincial legislation (2) Subsection (1) does not apply if provincial legislation that governs the retail establishment applies to signs promoting vaping products.

Current to June 20, 2022 Last amended on September 6, 2020

Vaping Products Promotion Regulations PART 1 Advertising and Point of Sale Promotion Point of Sale Promotion Sections 7-9

Exception — visibility (3) Subsection (1) does not apply in respect of advertising on a sign and that is done in a manner that does not allow the advertising to be seen by young persons.

PART 2

Required Information in Advertising Health Warning Advertising — list of health warnings 8 (1) For the purposes of section 30.7 of the Act, a vaping product or a vaping product-related brand element must not be promoted by means of advertising unless it conveys one of the health warnings set out in the document entitled List of Health Warnings for Vaping Product Advertising, as amended from time to time and published by the Government of Canada on its website.

Amended list (2) If the List of Health Warnings for Vaping Product Advertising is amended, advertising may convey a health warning that was set out in the previous version of the List for a period of 60 days after the day on which the new version of that List is published by the Government of Canada.

Exceptions to section 8 9 Section 8 does not apply to the following types of advertising: (a) the advertising of a vaping product, if the vaping

product is the subject of an authorization, including a licence, issued under the Food and Drugs Act authorizing its sale; (b) the advertising of a vaping product or a vaping

product-related brand element, if provincial legislation that governs the advertising of such a product or brand element requires a health warning to be conveyed in the advertising; (c) advertising at the point of sale that indicates only the availability at the point of sale and price of vaping products; and

Current to June 20, 2022 Last amended on September 6, 2020

Vaping Products Promotion Regulations PART 2 Required Information in Advertising Health Warning Sections 9-14

(d) advertising on a sign that is located at a point of

sale that is a retail establishment where vaping products are sold and that indicates the availability at the establishment and price of vaping products, as well as other information that is required by the provincial legislation referred to in subsection 7(2).

Single health warning 10 Every advertisement of a vaping product or a vaping product-related brand element must convey a single health warning.

Official languages 11 (1) If a health warning is conveyed in advertising that uses both official languages, or another language, it must be conveyed in both official languages.

Only one official language (2) If a health warning is conveyed in advertising that uses only one official language, or one official language and another language, it must be conveyed in only that official language.

Attribution Attribution of health warning 12 Every advertisement of a vaping product or a vaping

product-related brand element must attribute the health warning to its source in accordance with section 22, 29 or 36.

Presentation of Required Information Visual Advertising General Requirements Application of sections 14 to 23 13 Subject to section 24, sections 14 to 23 apply to all

forms of visual advertising. Definition of display area 14 For the purposes of section 15, subsection 17(1) and sections 18 and 19, display area, in respect of visual advertising, means the portion of the surface area of an advertisement on which the information required under this Part may be displayed and that, (a) in the case of visual advertising by video, occupies

100% of the surface area of the advertisement; and

Current to June 20, 2022 Last amended on September 6, 2020

Vaping Products Promotion Regulations PART 2 Required Information in Advertising Presentation of Required Information Visual Advertising Sections 14-19

(b) in every other case, occupies — from the edge that

is in the horizontal plane, that forms the upper limit of the advertisement and that extends from the left edge to the right edge of the advertisement — at least 20% of the surface area of the advertisement that is visible at first sight to consumers. Required information — placement 15 Required information that is conveyed in visual advertising must be displayed on the display area.

Required information — visibility and legibility 16 Required information that is conveyed in visual advertising (a) must be clear and legible; and (b) must not be concealed or obscured.

Requirement — rectangular border 17 (1) Required information that is conveyed in visual advertising must be enclosed within a rectangular border that must be displayed on the display area in such a manner that it demarcates the information from any other information displayed on the advertisement.

Appearance — rectangular border (2) The border must be the same colour as the type of the health warning and form a continuous line that has a uniform width of 3% of the length of the shortest side of the rectangle.

Display area 18 (1) Only the required information and the rectangular border that is referred to in section 17 may be displayed on the display area.

Background (2) The display area must have a black or white background. Presentation of health warning 19 The health warning must be centred in the display area, oriented parallel to the upper limit of the visual advertisement, and must occupy not less than 60% and not more than 70% of the display area.

Current to June 20, 2022 Last amended on September 6, 2020

Vaping Products Promotion Regulations PART 2 Required Information in Advertising Presentation of Required Information Visual Advertising Sections 20-23

Official languages — placement 20 If a health warning is conveyed in both official languages, each language version must be displayed immediately beside, below or above the other version, and the two texts must not be combined.

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.

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

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.

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. 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

Current to June 20, 2022 Last amended on September 6, 2020

Vaping Products Promotion Regulations PART 2 Required Information in Advertising Presentation of Required Information Visual Advertising Sections 23-28

(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. 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 (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 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. 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. Required information — display 25 Required information must be displayed at the beginning of the advertising. Required information — visibility and legibility 26 Required information (a) must be clear and legible; and (b) must not be concealed or obscured.

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

Current to June 20, 2022 Last amended on September 6, 2020

Vaping Products Promotion Regulations PART 2 Required Information in Advertising Presentation of Required Information Visual Advertising Sections 28-32

Characters in text (2) Each character in the text of the health warning must

have the same font and type size. 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.

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

Current to June 20, 2022 Last amended on September 6, 2020

Vaping Products Promotion Regulations PART 2 Required Information in Advertising Presentation of Required Information Audio Advertising Sections 33-38

Audio Advertising Application of sections 34 to 36 33 Sections 34 to 36 apply to all kinds of audio advertising. 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. 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.

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 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 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.

Current to June 20, 2022 Last amended on September 6, 2020

Vaping Products Promotion Regulations Coming into Force Section 38

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.

Current to June 20, 2022 Last amended on September 6, 2020

Vaping Products Promotion Regulations SCHEDULE

SCHEDULE (Paragraphs 21(1)(b) and 23(1)(c))

ILLUSTRATION — STANDARD SANS SERIF TYPE

Current to June 20, 2022 Last amended on September 6, 2020

