Notice to Industry from Health Canada RE: Upon Royal Assent of Bill S-5

Notice to Industry from Health Canada RE: Upon Royal Assent of Bill S-5

On September 27th, Health Canada drafted and has just released a Notice to Industry which announces the intent for portions of Bill S-5 (an Act to amend the Tobacco Act and the Non-smokers’ Health Act and to make consequential amendments to other Acts) that pertain to Vaping Products that are marketed WITHOUT health or therapeutic claims (basically, everyone that operates within our segment of the industry) to be enacted and effective immediately upon Royal Assent.

What does this mean?

On the day that Bill S-5 receives Royal Assent, Vaping Products that are NOT marketed with therapeutic claims will fall under the Canada Consumer Product Safety Act (CCPSA). This Notice to Industry is stating, even though final regulations will still need to be completed, the enforcement of the CCPSA will be effective immediately.

The ramifications of this is the fact that sections 7 and 8 of the CCPSA prohibits the manufacture, import, advertising, or sale of a consumer product that is a “danger to human health or safety”.

In order for vaping products that contain nicotine to fall within the scope of the CCPSA, they must not be a “danger to human health or safety”.  Nicotine is a chemical that has been identified by Health Canada as posing a danger. Therefore, products that contain nicotine will be prohibited without applying the Consumer Chemicals and Containers Regulations (CCCR), 2001 including child-resistant tops. Without this, those products are likely in violation of the CCPSA’s general prohibition.

They note in their Notice to Industry that the “requirement for child-resistant containers includes vaping liquid bottles as well as device components such as tanks or cartridges that house the vaping liquid.”

 ###UPDATED NOTE:  For concerns about the child resistant tops on tanks or cartridges, we would suggest that you use the current Health Canada Consultation period to address any concerns.

 ###UPDATED NOTE:  Dripping atomizers (a.k.a. Drippers) are not mentioned so it is assumed that child-resistant caps do not apply to those. This could be because they only ever have a few drops of liquid or that Health Canada does not understand or realize that there is a difference between tanks / cartridges and dripping atomizers. But stay tuned to the discovery process during the regulations development after Royal Assent.

Though Health Canada will continue to review for other potential risks during the regulations development phase, they are saying that these will be enforceable immediately upon Royal Assent.

In a nut-shell, on the day that Bill S-5 receives Royal Assent:
  • all e-liquid bottles, tanks or cartridges must have child-resistant tops
  • all e-liquid containing nicotine must conform to the CCCR, 2001

Fortunately ECTA members already require child-resistant tops for e-liquid an follow the CCCR 2001 guidelines. For everyone else, we highly recommend that you start making these changes immediately.

Tanks or cartridges with child-resistant tops are a bit of a different challenge. This one will severely impact the industry and is potentially devastating for small businesses.

To assist with CCCR 2001 labeling requirements, ECTA has a web page the details the required elements based on the size of your bottle.

IMPORTANT NOTE ON CCCR, 2001

The required CCCR 2001 elements and their sizes is entirely based on the size of the BOTTLE, not the label.

CCCR 2001 ALSO applies to outer packaging such as individual boxes in which e-liquid bottles are sold. There ARE CCCR 2001 elements that will be required on outer packaging.

Refer to the ECTA Label Policy page for guidance on CCCR 2001 labeling requirements.

Health Canada Notice to Industry

Notice to Industry TVPA - Canada - 2017-09-27

3 Responses to Notice to Industry from Health Canada RE: Upon Royal Assent of Bill S-5

  1. I believe that as a responsible adult who has a nicotine product, whether it be cigarettes or electronic cigarettes, we should be responsible enough to keep our devices or packs of cigarettes out of reach of children. If you want to put child safety on tanks, please tell me how are you going to put child safety on a pack of cigarettes? The ways of regulating are becomming ridiculous. If people are responsible enough to keep a pack of cigarettes out of reach of their children so they don’t open it and eat a cigarette, I think they are responsible enough to keep their electronic cigarettes out of the hands of their children as well. For the bottles of liquid I completely understand the need for child safety and will not argue against that.

    • Hi Katherine,

      We would encourage you to send an email to the Health Canada, Consumer Product Safety Directorate (cps-spc@hc-sc.gc.ca) with your concerns.

      Thanks for you comment!
      ECTA of Canada