This amendment would simply create.... As it stands right now, if all of these vaping products become subject to the Canada Consumer Product Safety Act, they will also be subject to all the act's regulations, including the Consumer Chemicals and Containers Regulations. This is the thing that's going to require containers of nicotine-containing fluids to have child-resistant closures on them. It just so happens that the way “container” is defined in the Consumer Chemicals and Containers Regulations would also capture refillable vaping tank devices, the big, hand-held jobbies that you see people standing outside vaping on, which are the ones that successfully deliver enough nicotine to supplant tobacco for some users. These would have to have child-resistant closures.
As we have heard from industry over the last year, they don't have the technology to put child-resistant closures on those devices. We're concerned that if we proceed as is now, those devices will not be conforming with the Consumer Chemicals and Containers Regulations and won't be available on the market. One of the big purposes of this act is to give those things a viable pathway to market. That said, the department is looking at what regulations should be in place. Industry has informed us that they think they might be able to have child-resistant closures for those devices within a year, so we'll be moving to regulate on those over the coming period. It basically creates a bit of space for industry to adapt.