CANADIAN VAPING REGULATIONS BY PROVINCES
NEW CRC (CHILD RESISTANT CONTAINER) REGULATIONS
Part 2 of the Vaping Products Labelling and Packaging Regulations (VPLPR) covers the provisions of vaping products subject to provisions of Canada Consumer Product Safety Act.
The Child-Resistant Container (CRC) requirements under VPLPR for refillable vaping devices and refillable vaping parts come into force on Jan 1, 2021.
The Government of Canada has provided an industry guide, titled ‘Industry Guide to Vaping Products Subject to the Canada Consumer Product Safety Act’ and can be viewed by visiting this link:
For the specific section of CRC within the VPLPR, please visit:
What products are impacted by this CRC Requirement?
All refillable vaping devices and refillable vaping parts are impacted. These include:
Cartridges (aka Open Pods)
Open Pod Systems
What’s the difference between ‘Compliant’ vs ‘Certified’?
Compliant vaping products that are “closed” or non-refillable are considered ‘compliant’ as constructed by design they meet the requirement outlined in the regulations.
Non-refillable (pre-filled),sealed, ,’ closed pod’ cartridges
Select cartridges or pods that have design features like ‘PTF – Press To Fill’ (as an example).
Certified vaping products are tested according to a child test protocol requirement of a standard, with a certificate conforming to ISO 8317 or related equivalent as defined in the VPLPR.
When does this CRC requirement come into effect?
January 1, 2021
With the growing popularity of e-cigarettes, or vaping, health organizations across the country have been pressing for action to limit what they see as a health threat particularly to young Canadians. The following is a brief summary of the regulatory measures provinces and territories have enacted in an attempt to deal with the situation.
The B.C. government introduced a 10-point plan on Nov. 14 that includes cutting nicotine content in vapor pods, restricting flavors aimed at young people, increasing taxes and supporting youth-led anti-vaping campaigns. The plan also includes requiring health warnings on packaging and prevents advertising in areas where youth spend time, including bus shelters and community parks. The government said the new regulations will take effect in the spring of 2020.
Alberta has no provincial legislation to address vaping, however, some of its municipalities have bylaws that restrict e-cigarette use in public places. The province’s health minister, Tyler Shandro, has also asked for a review of tobacco and smoking legislation, with a focus on regulating vaping, as soon as this fall. The government says the review will help it develop strategies to protect Albertans from the harms of vaping, tobacco and tobacco-like products, and assess the effectiveness of current legislation.
The Saskatchewan government has passed amendments to its Tobacco Control Act to bring regulation of vaping in line with existing tobacco legislation. The new rules will restrict the sale of vaping products to people 18 and older and prohibit the promotion of such products in businesses frequented by young people, such as arcades, theatres and amusement parks. The use of vape products will also be restricted in and around public buildings, including schools and school grounds. The province says it expects the new regulations to be in force early in the new year.
The Manitoba government’s Non-Smokers Health Protection and Vapor Products Act prohibits vaping by people under the age of 18. It also bans vaping in indoor public places like schools, libraries, hospitals, malls, restaurants and indoor workplaces. The province’s ban on the advertising and promotion of tobacco products covers e-cigarettes as well.
Ontario has announced that as Jan. 1, 2020, it will ban the promotion of vaping products in convenience stores and gas stations. The government said the decision was made in response to new research that shows vaping is on the rise among the province’s youth. However, the promotion of vaping will still be allowed in specialty vape and cannabis shops, which are open to people 19 and older.
In Quebec, the sale and supply of vape products to anyone under the age of 18 is illegal, and photo ID is required to buy such products. The online sale of vape products, as well as their use, is banned wherever tobacco smoking is banned. Electronic cigarette advertising – except ads in newspapers or magazines that have an adult readership of not less than 85% – is prohibited, as is the display of e-cigarettes in stores accessible to people under age 18. However, adding flavors to the liquids used in e-cigarettes remains legal, whereas it is not for tobacco products.
**Update: Quebec has banned e-cigarettes, flavored e-juice, flavored vape products and cannabis vape related products. The ban has been challenged in courts and is in due process. Will be updated when there is new information **
New Brunswick bans the sale of e-cigarettes and e-juices to people under age 19, and no one under that age is allowed to enter a vape shop unless accompanied by an adult. Outdoor advertising by vape shops is prohibited and promotional material inside the shops cannot be viewed from the outside. Restrictions on promotional materials that apply to tobacco in other retail shops also apply to e-cigarettes. The sale of flavored tobacco, including menthol, is also banned in New Brunswick.
Health Minister Randy Delorey has announced the province will ban sales of flavored e-cigarettes and juices as of April 1, 2020. Nova Scotia banned the sale of e-cigarettes to anyone under 19 in 2015. Vaping is also prohibited in any venue where tobacco smoking is banned, and vape shops are not allowed to display e-cigarette advertising outside their businesses.
**Update: Nova Scotia has banned e-cigarettes, flavored e-juice, flavored vape products and cannabis vape related products. Will be updated when there is new information **
PRINCE EDWARD ISLAND
The P.E.I. legislature passed a bill in November raising the legal age to buy tobacco and e-cigarettes from 19 to 21 – the highest age limit in the country. The legislation also bans certain flavors of e-cigarettes. E-cigarette sales are already banned wherever tobacco sales are prohibited. Vape shops are not allowed to display e-cigarette devices in a way that makes them visible from outside the premises. Vaping or product sampling in retail outlets is prohibited, as it is in a public place or workplace. Any advertising that is misleading regarding the characteristics, health effects and health hazards of vaping products is also illegal.
NEWFOUNDLAND AND LABRADOR
Newfoundland and Labrador bans the sale of vaping products to people under age 19. Sales of such products are also banned wherever tobacco sales are banned, and promotional materials for vaping products cannot be visible inside or outside the shop where they’re sold. Vape shops are allowed to operate in the province providing they only sell vapor products.
Yukon does not currently have any laws dealing with vaping. However, a bill was introduced in its legislative assembly in October that would, if passed, set the minimum age for buying vape products to 19 and prohibit the display or advertising of such products.
In the Northwest Territories, the Smoking Control and Reduction Act was passed in August but is not yet in effect. The rule changes would regulate the sale, display and advertising of vape products and the substances used in e-cigarettes. It would prohibit the use of these products by people under the age of 19 and ban the sale of food items that are designed to resemble vape (and tobacco) products. The sale of vape products at locations such as schools, hospitals, pools and recreational facilities would also be banned.
In Nunavut, current regulations only dictate where people can vape, but the territory’s chief medical officer of health has said amendments to the territory’s Tobacco Control Act to put stricter restrictions on vaping will likely be implemented sometime in 2020. Dr. Michael Patterson said the new rules would likely mirror tobacco regulations, which ban flavored tobacco and flashy packaging aimed at enticing young people.