G/TBT/N/CAN/513  
 
26 January 2017  
(17-0541) Page: 1/2 
Committee on Technical Barriers to Trade  Original : English/French  
 
  NOTIFICATION  
The following notification is being circulated in accordance with Article 10.6  
 
1. Notifying Member : CANADA  
If applicable, name of local government involved  (Article 3.2 and 7.2) : 
2. Agency responsible : Health Canada  
Name and address (includi ng telephone and fax numbers , email and website 
addresses, if available) of agency or authority designated to handle comments 
regarding the notification  shall be indicated if different from above :  
Canada's SPS & TBT Notification Authority and Enquiry Poin t 
Global Affairs Canada  
Technical Barriers and Regulations Division  
111 Sussex Drive, Ottawa, ON K1A 0G2  
Canada  
Telephone : (343) 203 -4273 
Fax: (613) 943 -0346 
E-mail: enquirypoint@international.gc.ca   
3. Notified under Article 2.9.2 [ X], 2.10.1 [  ], 5.6.2 [  ], 5.7.1 [  ], other : 
4. Products covered (HS or CCCN where applicable, otherwise national tariff heading. 
ICS numbers may be provided in addition, where applicable) : Tobacco products 
(ICS: 65.160 ). Vaping products  
5. Title, number of pages  and language(s)  of the notified document : Bill S-5, an Act to 
amend the Tobacco Act and the Non -smokers  Health Act and to make consequential 
amendments to other Acts  (72 pages, in English; 72 pages, in French)  
6. Description of content : Bill S -5 proposes to amend the Tobacco Act  to regulate vaping 
products as a class of products separate from tobacco products. The Tobacco Act  would be 
renamed the Tobacco and Vaping Products Act  and would include provisions to protect 
youth from nicotine addiction and tobacco use; allow adults to access vaping products as 
likely less harmful alternatives to tobacco; and, generally, to protect the health of 
Canadians. The Bill also extends the current authorities of the Canada Co nsumer Product 
Safety Act  to apply to all vaping products without therapeutic claims; vaping products with 
therapeutic claims would continue to be regulated under the Food and Drugs Act . 
 Definitions : The Bill includes a definition for vaping products (with  and without 
nicotine) which would cover a range of vaping devices (e.g., electronic or 
pressurized devices) and substances (e.g., liquids).  
 Access by youth:  The Bill proposes to ban vaping product sales to persons under 
18. Measures are also proposed to r equire age verification at delivery for vaping 
products from online sales. Additional measures to prevent youth access (i.e. ban on 
vending machines) would be applied to both vaping and tobacco products. The Bill 
also proposes to include regulatory authori ties to prescribe, by future regulations, 
how many vaping devices or how much vaping liquid is to be contained in a 
package.  G/TBT/N/CAN/513  
 
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   Flavours and ingredients : The Bill proposes to prohibit the promotion of a vaping 
product referencing specific flavour descriptions  (e.g. confectionary and soft drink 
flavours). Regulatory authority is proposed to prohibit additional flavours through a 
schedule to the Act based on emerging data and industry innovation. The proposed 
legislation would also prohibit certain ingredients b ecause they suggest health 
benefits (e.g. vitamins) or vitality (e.g. caffeine).  
 Promotion : Provisions specific to vaping products would restrict certain types of 
promotion of vaping products. Lifestyle promotion (i.e. associated with an exciting 
way of li fe) would be prohibited, except in cases where it only reaches adults (e.g. in 
bars). The legislation proposes to prohibit the offering of vaping product for free. As 
well, it proposes to prohibit the promotion of vaping products by using tobacco 
brand ele ments. Brand preference (e.g. logos, price) and information -based 
advertising (e.g. ingredients) would be permitted everywhere, as long as it is not 
appealing to youth.  
 Labelling : The Bill includes regulation making authority for vaping products to 
require  that information be displayed on packages and products (e.g. health 
warnings, nicotine concentration). Details would be set out in future regulations.  
 Disclosure to the Minister and Public Disclosure : The Bill includes regulation -
making authority to requi re that manufacturers and importers of vaping products 
regularly submit information to the minister of Health Canada on devices and 
components, substances and ingredients, sales, promotion and research. The 
proposed legislation would require the Minister, manufacturers and importers to 
make public certain information on tobacco and vaping products as prescribed by 
regulations. Details would be set out in future regulations.  
 Health and Safety : The Bill proposes to amend the Canada Consumer Product 
Safety Act  so that electrical, mechanical, and toxicological hazards posed by vaping 
products without therapeutic claims, could be addressed by this Act. The safety as 
well as quality and efficacy of vaping products with therapeutic claims would 
continue to be addre ssed under the Food and Drugs Act . 
 Plain and Standardize Packaging of Tobacco Products : The Bill would support 
the implementation of comprehensive plain and standardized packaging 
requirements for tobacco product packages and tobacco products. Details woul d be 
set out in future regulations. The Bill would also clarify that the Trade -marks Act  and 
common law would continue to apply.  
7. Objective and rationale , including the nature of urgent problems where 
applicable : Protection of human health or safety  
8. Relevant documents : Bill S-5, An Act to ame nd the Tobacco Act and the Non -Smokers -  
Health Act and to make consequential amendments to other Acts (available in English and 
French)  
9. Proposed date of adoption : Royal Assent of the Bill is expected in 201 7. 
Proposed date of entry into force : Some of the Bill 's provisions would come into force 
immediately upon Royal Assent, such as those that pertain to health and safety and youth 
protection; for example, the proposed prohibition on providing vaping product s to youth 
under the age of 18. Other provisions, including some that affect vaping products and their 
packaging, would come into force 180 days following Royal Assent to give manufacturers 
and retailers a transition period to comply with new requirements.  Other provisions would 
only come into force by Order.  
10. Final date for comments : 26 March 2017  
11. Texts available from : National enquiry point  [X] or address, telephone and fax 
number s and e mail and website address es, if available , of other body : 
The electronic version of the proposed legislative text can be found at the following 
website : http://www.parl.gc.ca/HousePublications/Publication.aspx?DocId=8616193