Order Fixing July 1, 2020 as the Day on which Subsection 75(3) of that Act Comes into Force: SI/2019-135

Canada Gazette, Part II, Volume 153, Number 26

Registration

SI/2019-135 December 25, 2019

AN ACT TO AMEND THE TOBACCO ACT AND THE NON-SMOKERS’ HEALTH ACT AND TO MAKE CONSEQUENTIAL AMENDMENTS TO OTHER ACTS

Order Fixing July 1, 2020 as the Day on which Subsection 75(3) of that Act Comes into Force

P.C. 2019-1415 December 18, 2019

Her Excellency the Governor General in Council, on the recommendation of the Minister of Health, pursuant to subsection 80(8) of An Act to amend the Tobacco Act and the Non-smokers’ Health Act and to make consequential amendments to other Acts, chapter 9 of the Statutes of Canada, 2018, fixes July 1, 2020 as the day on which subsection 75(3) of that Act comes into force.

EXPLANATORY NOTE

(This note is not part of the Order.)

Proposal

Pursuant to subsection 80(8) of An Act to amend the Tobacco Act and the Non-smokers’ Health Act and to make consequential amendments to other Acts (the Act), this Order brings subsection 75(3) of the Act into force on July 1, 2020.

Objective

The intent of this Order is to bring into force subsection 75(3) of the Act, which will repeal subsection 4(4) of the Canada Consumer Product Safety Act (CCPSA) on the same date, July 1, 2020, that the Vaping Products Labelling and Packaging Regulations (the Regulations) come into force.

Background

The Act received royal assent on May 23, 2018. It established a new legislative framework in Canada to regulate vaping products, which consist of vaping substances, vaping devices and their parts. Vaping products are regulated under the Tobacco and Vaping Products Act (TVPA) and either the Food and Drugs Act (FDA) or the CCPSA, depending on whether or not the product is marketed for a therapeutic use.

The Act included an amendment to the application section of the CCPSA that came into force upon royal assent. The amendment made subsection 4(4) of the CCPSA, which provides that the requirements of the Consumer Chemicals and Containers Regulations, 2001 (CCCR, 2001) under the CCPSA do not apply to vaping products that are devices or their parts. The coming into force of subsection 4(4) of the CCPSA effectively delayed the implementation of the child-resistant container requirements for refillable vaping devices and their parts, and has allowed time for industry to source products to meet this requirement. Subsection 4(4) of the CCPSA was introduced as an interim measure intended to be in effect until product-specific regulations under the CCPSA were approved by the Governor in Council.

Implications

The Regulations implement labelling requirements pursuant to the TVPA as well as labelling and packaging requirements pursuant to the CCPSA. They have been crafted to set out requirements for all vaping products subject to these Acts.

With the Regulations coming into force on July 1, 2020, the need for product-specific regulations will be satisfied and the CCCR, 2001 will be amended such that any vaping product subject to the CCPSA will no longer be subject to the CCCR, 2001. Thus, subsection 4(4) of the CCPSA can be repealed at the same time. The mechanism and timing for repealing subsection 4(4) are provided in subsections 75(3) and 80(8) of the Act, respectively.

Consultation

The timing of the repeal of subsection 4(4) was discussed in the Regulatory Impact Analysis Statement for the proposed Vaping Products Labelling and Packaging Regulations, published in the Canada Gazette, Part I, on June 22, 2019. Health Canada did not receive any comments on the repeal of subsection 4(4) to the CCPSA in response to the prepublication consultation. Given that the Order is housekeeping in nature and would not impact on industry or other stakeholders as long as the coming-into-force date for the final Vaping Products Labelling and Packaging Regulations matches that of the Order, there was no formal consultation completed for the Order.

Departmental contact

Rob Graham
Consumer and Hazardous Products Safety Directorate
Healthy Environments and Consumer Safety Branch
Health Canada
Address Locator: 4908B
269 Laurier Avenue West
Ottawa, Ontario
K1A 0K9
Fax: 613‑952‑2551
Email: rob.graham@canada.ca