Archived Bill S-5, an Act to amend the Tobacco Act and the Non-smokers' Health Act and to make consequential amendments to other Acts: An overview

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Organization: Health Canada

Date published: 2017-08-31

Bill S-5 was introduced in Parliament in November 2016. The Bill proposes to amend the Tobacco Act, the Non-smokers’ Health Act and other related Acts, in order to:

Among the proposed amendments, the Tobacco Act would change to “Tobacco and Vaping Products Act.”

Definitions

The term “vaping products” includes both vaping devices (also commonly known as e-cigarettes) and vaping liquids. Vaping devices vary in design – some look very similar to conventional cigarettes. Most such devices consist of a battery, a heating element, a reservoir and a mouthpiece. They function by heating vaping liquid to form an aerosol that is inhaled by the user.

The Bill would define vaping products (with and without nicotine) as a separate set of products. It proposes to:

Protecting youth

The Bill would:

Flavours and ingredients

The Bill would:

Promotion and advertising

Provisions specific to vaping products would restrict certain types of promotion to:

The following would not be permitted:

The following would be permitted:

These measures, which are similar to, but not as restrictive as those applied to tobacco products, reflect and balance the scientific evidence suggesting that vaping products are harmful, but less harmful than tobacco products.

Labelling

Regulations made under the Act would require that vaping product packages or the product itself clearly display such consumer awareness information as health warnings, nicotine concentration, and a list of ingredients.

Reporting and public disclosure

Regulations made under the Act would require:

Alternatives to tobacco products and smoking cessation

The Bill would allow vaping products that are not marketed for a therapeutic purpose (e.g. “this product will help you quit smoking”) to be legally sold to adults. Products marketed for a therapeutic purpose would continue to require authorization under the Food and Drugs Act prior to sale.

Health and safety

The Bill would amend the Canada Consumer Product Safety Act in order for its provisions to address the hazards, such as electrical, mechanical, and toxicological hazards, posed by those vaping products not marketed for a therapeutic purpose. Hazards from products marketed for a therapeutic purpose would continue to be addressed under the Food and Drugs Act. Either piece of legislation could be used to take action (product recalls or stop sale) where needed, for example, when a product presents a risk of injury.

Strengthened compliance and enforcement authorities

Compliance and enforcement authorities found in the proposed Tobacco and Vaping Products Act would be harmonized with those found in other modern statutes, including the Canada Consumer Product Safety Act. These authorities, applicable to both vaping and tobacco products, would include:

Plain and standardized tobacco packaging

The Bill would support the implementation of comprehensive plain and standardized packaging requirements for tobacco products and their packages. It would also clarify that complying with the proposed Tobacco and Vaping Products Act would not result in the invalidation of a registered trade-mark under the Trade-marks Act.

Non-smokers’ Health Act

In order to protect individuals in federally-regulated workplaces (e.g. banks, commercial aircraft, federal government offices) from the potential harms of second-hand vapour, an amendment to the Non-smokers’ Health Act would subject vaping products use to the same prohibitions as tobacco use.

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2025-05-29