NOTE: Starting January 1st changes to Vaping Products Labelling and Packaging Regulations require that vaping products are now subject to Consumer Product Safety Act.
As such, all vaping products must be Child Resistant Certified (CRC).
Government of Canada Childproof Tank Legislation
The Government of Canada has deemed it appropriate to restrict vape manufacturers and retailers to selling only atomizers deemed childproof by the Government under the Canada Consumer Product Safety Act. “In Canada, vaping products that are not marketed for a therapeutic use are addressed under the Canada Consumer Product Safety Act (CCPSA), the Tobacco and Vaping Products Act (TVPA), and the Vaping Products Labelling and Packaging Regulations (VPLPR).” Some of the things covered in these regulations are:
- labelling requirements for a list of ingredients
- maximum allowable nicotine concentration
- child-resistant container requirements
- labelling requirements for toxicity information
As a measure to help protect young children from ingesting vaping substances containing toxic concentrations of nicotine and being poisoned, the VPLPR set out requirements for child-resistant containers. The child-resistant container requirements also apply to immediate containers that are vaping devices or parts whether or not they contain a vaping substance. To be considered childproof a container “at least one of two things must be true. The container must be either constructed so that it can only be opened by the use of a tool not supplied with the container (see paragraph 51(1)(a)), or it must meet the child test protocol requirements in one of the standards specified in paragraph 51(1)(b) of the VPLPR, or a standard that is at least equivalent”
The VPLPR set out requirements for child-resistant containers in sections 51 through 56. These requirements include:
Where an immediate container is prefilled with a vaping substance that has a nicotine concentration of 0.1 mg/mL or more, such as a stand-alone container, it must maintain the characteristics that make it child-resistant throughout the useful life of the vaping substance it contains (see section 52).
For a vaping device or vaping part that is not prefilled, a child-resistant container must maintain the characteristics that make it child-resistant throughout its useful life (see section 52).
The responsible person for the container must evaluate the compatibility of the vaping substance with its child-resistant container to ensure that the substance will not compromise or interfere with the proper functioning of the container (see paragraph 53(1)(a)).
The responsible person for the container must determine that the container will maintain its proper functioning over the number of reasonably foreseeable openings and closings for the size and contents of the container (see paragraph 53(1)(b)).
The responsible person for the container must be able to demonstrate compliance with the child-resistant container requirements by providing all required documentation to an inspector within 15 days of receipt of a request. This documentation includes, among other things, a test report indicating the container’s results when tested according to the child test protocol of one of the three referenced standards, or that of an equivalent standard, if applicable, as well as documentation relating to the compatibility of the container and closure system with the vaping substance that is to be placed in it and the endurance of the child-resistant closure. Relevant documents must be kept for at least three years after the date of manufacture in Canada or import (see section 54).
A child-resistant container must display directions for opening the container, and if applicable, closing it. Directions for closing are applicable when the container is not a single-use immediate container. The opening and closing directions must be displayed on the closure system of the immediate container or the display surface of the immediate container (see section 55). The directions can be displayed using either words, or a diagram or self-explanatory symbol, or both (see section 62).
In the case of an immediate container that is a vaping device or vaping part, the opening and closing directions can be displayed on a package or on a leaflet inserted into the package. If the vaping device or vaping part is not packaged, the opening and closing directions must be displayed on a tag attached to the vaping device or vaping part (see subsection 55(2)).
In the case of a single-use immediate container, a statement must be displayed in English and French that instructs the user to use the entire contents on opening because the container is not child-resistant once opened. The mandatory statement is provided in subsection 56(1). In the case that the immediate container has an exterior package, the mandatory statement must also appear on the package (see subsection 56(2)). There are exceptions for small immediate containers (see subsection 56(3)) and small exterior packages (see subsection 56(4)). A tag attached to the immediate container must be used for small containers that are not packaged (see subsection 56(5)). Note that single-use immediate containers are required to be child-resistant on opening (see subsection 50(1)).