Ottawa delays new vape packaging regulations

Ottawa is postponing the enforcement of regulations regarding packaging of vape products in Canada to January 1, 2021 from July 1, 2020.

In a statement, the Convenience Industry Council of Canada said that, since the start of the pandemic, it has been advocating for the pause of non-essential regulations: “Our key message to government is that the health and safety of our staff and customers would be compromised if we had to undertake extensive inventory changes. We are also reiterating that now is not the time to bring in new regulations that will take time away from the increased burden of complying with safety and sanitization procedures.”

In December 2019, Health Canada proposed to ban advertising of vaping products in spaces where young people can see them in a bid to rein in the rise of underage e-cigarette use.

Minister Patty Hajdu put forward new rules Dec. 19 designed to prohibit vaping promotion in specialty shops, businesses and online platforms frequented by youth.

She also outlined requirements that vaping packages feature health warnings and be child-resistant, as well as plans to place limits on nicotine content in vaping liquids to reduce the risk of accidental child poisoning.

The move followed several months of consultations examining measures to restrict advertising for e-cigarettes in the face of growing evidence that vaping has taken off among teens.

In June 2019, the Minister of Health launched public consultations on proposed regulations that would set out new and updated requirements for the labelling and containers of vaping products. The proposed Vaping Products Labelling and Packaging Regulations would require that all vaping substances be labelled with a list of ingredients. In addition, vaping products containing nicotine would be required to display a standardized nicotine concentration statement and a health warning about the addictiveness of nicotine.

The new rules would have come into effect next month. However, convenience industry, like many others, is in the midst of updating operating procedures and, in some cases, dealing with revenue hits in the face of COVID-19.

The delay gives those in the industry time to focus on the essential work of ensuring a safe retail environment with proper social distancing protocols in the ongoing battle against COVID-19.

Industry lobbying Ontario for regulation extension

Ottawa's announcement comes on the heels of Ontario’s Ministry of Health announcing in April it was hitting pause on a series of new vaping regulations that were to come into effect on May 1.

The implementation of the new regulations, which have far-reaching effects on the convenience sector, were delayed until July 1, with an eye on giving all parties time to make adjustments, while also dealing with the business impacts of COVID-19.

At the time, Dianne Alexander, director Health Promotion and Prevention Policy and Programs Branch, Office of the Chief Medical Officer of Health, Public Health Ministry of Health, said: “The government understands that some of the proposed amendments would require certain businesses to remove inventory from their stores, which may involve contact with others. Providing more time to implement would allow owners and employees of affected businesses to practice physical distancing.”

However, as c-stores continue to adjust to the new normal and the need for distancing continues, the industry is lobbying to further delay the implementation of Ontario's new regulations, which  would:

• Restrict the retail sale of flavoured vapour products to Specialty Vape Stores and Cannabis Retail Stores, except for menthol, mint and tobacco flavours.


• Restrict the retail sale of high nicotine vapour products (>20mg/ml) to Specialty Vape Stores.

Unless a new agreement is reached, c-stores will have until July 1 to sell out or return to suppliers their existing inventory of higher nicotine and flavours that fall outside the new regulations.

Keep an eye on our website and social media for updates on this evolving situation.

UPDATE READ: Ontario agrees to delay enforcement of new vaping rules

With files from The Canadian Press.