Forward Regulatory Plan 2019-2021: Vaping Products Labelling and Packaging Regulations

Title of Regulatory Initiative

Vaping Products Labelling and Packaging Regulations

Enabling Acts

• Canada Consumer Product Safety Act
• Tobacco and Vaping Products Act

Description

On May 23, 2018 Bill S-5: An Act to amend the Tobacco Act and the Non-Smokers Health Act and to make consequential amendments to other acts, received Royal Assent. As a result, Health Canada has the authority to address:

• Vaping product-related health or safety issues under the Canada Consumer Product Safety Act (CCPSA) or the Food and Drugs Act; and,
• Issues related to the manufacture, sale, labelling and promotion of vaping products under the Tobacco and Vaping Products Act (TVPA).

A single set of regulations pursuant to both the CCPSA and TVPA, will address in a consolidated manner the potential health or safety risks from vaping products used by consumers.

At this time, no product-specific regulations under the CCPSA exist for vaping products. Until specific regulatory requirements are in place, the general safety provisions and the Consumer Chemicals and Containers Regulations, 2001(CCCR, 2001) under the CCPSA, apply to vaping products without therapeutic claims in order to address the risks associated with children ingesting e-liquids that contain nicotine.

The immediate focus will be on the mitigation of the risks associated with children ingesting e-liquids that contain nicotine. The regulations will also address labelling issues to increase public awareness about the health hazards of using vaping products and to help prevent the public from being deceived with respect to those hazards, as well as content standards issues. The proposal would also extend child-resistant container requirements and certain labelling provisions to vaping devices and parts that may contain a vaping substance.

Pursuant to the TVPA, the regulations will also address labelling issues to increase public awareness about the health hazards of using vaping products and to help prevent the public from being deceived with respect to those hazards, as well as content standards issues.

Regulatory cooperation efforts (domestic and international)

Not Applicable

Potential impacts on Canadians, including businesses

The proposed regulations would provide Canadians with information about the health hazards of using vaping products and would help protect Canadians, in particular, young children, from the unintentional ingestion of vaping liquids. With respect to child-resistant containers, the CCPSA and the CCCR, 2001 currently apply to vaping products that are not marketed as therapeutic products. Thus, a number of vaping products would already meet this requirement. However, this proposal would extend the requirements to additional vaping devices (with refillable tanks and other vaping device parts that hold or may hold vaping liquids with nicotine).

Consultations

Health Canada consulted Canadians on the broader proposed regulatory approaches for vaping products through the publication of a consultation paper, which was published on Canada.ca in August 2017 for a 60 day public comment period.

In addition, a Notice to Industry was posted and mailed to stakeholders in October 2017. The notice described the issues surrounding regulation of vaping products and a description of the risk posed. The notice described what the interim measures for regulation would be under the CCCR, 2001 and the general prohibition of the CCPSA. It also stated product specific requirements would be developed.

Health Canada posted the Guidance on Vaping Products Not Marketed for a Therapeutic Use on May 23, 2018 and notified industry members of its availability. This document signaled Health Canada's intention to introduce specific vaping products (health or safety) regulations under the CCPSA.

Health Canada conducted a webinar for industry in June 2018 entitled, Vaping Industry's Responsibilities under the Canada Consumer Product Safety Act, Health Canada Information Session - A webinar for Vaping Stakeholders.

Canadians will have the opportunity to provide comments on the regulatory proposal during the Canada Gazette, Part I public comment period, which started on June 22, 2019 and will last 75 days.

Information on previous consultations and details on upcoming opportunities for consultation in the area of Consumer Products and tobacco and vaping can be found on the Canada.ca website.

Further information

• Related information can be found on the Government of Canada's About Vaping webpage.
• Additional information can be requested from the Departmental contact.

Departmental contact information

Geoff Barrett
Director
Risk Management Bureau
Consumer and Hazardous Products Safety Directorate
Healthy Environments and Consumer Safety Branch
Health Canada
Telephone: 613-960-1351
Email: hc.cps-spc.sc@canada.ca

Denis Choinière
Director
Tobacco Products Regulatory Office
Tobacco Control Directorate
Controlled Substances and Cannabis Branch
Health Canada
Telephone: 613-941-1560
Email: hc.pregs.sc@canada.ca

Date the regulatory initiative was first included in the Forward Regulatory Plan

October 1, 2017

Consult Health Canada's acts and regulations web page for:

• a list of acts and regulations administered by Health Canada
• further information on Health Canada's implementation of government-wide regulatory management initiatives

Consult the following for links to the Cabinet Directive on Regulation and supporting policies and guidance, and for information on government-wide regulatory initiatives implemented by departments and agencies across the Government of Canada:

• Federal regulatory management
• Learn more about regulatory cooperation

To learn about upcoming or ongoing consultations on proposed federal regulations, visit:

• Consulting with Canadians
• Canada Gazette