Stakeholder Engagement Session on the Third Legislative Review of the Tobacco and Vaping Products Act – August 14, 2025

Subject(s)

Consultation Session on the Third Legislative Review of the Tobacco and Vaping Products Act

Date

August 14, 2025

Participants

Tobacco Control Directorate

• Sonia Corrent, Director General
• Tim Appleby, Director, Office of Policy and Strategic Planning

Industry Representatives

• Razin Alam, Valor Distributions
• Ernie Ash, The Vapour Trail
• Yousef Assaf, Core Distro Inc.
• Moe Baroudi, Giant Distribution
• Shai Bekman, Regulation Pal Compliance Agency Inc.
• Ashley Bouman, Canadian Vaping Association (CVA)
• Paul Counsell, CVA
• Daniel David, CVA
• Christina Pan, CVA
• Sam Tam, CVA
• Jeff Brownlee, Convenience Industry Council of Canada
• Edward Butler, Avalon Vapor Inc.
• John Downy, Avalon Vapor Inc.
• Tristan Wall, Avalon Vapor Inc.
• Kailong Chai, Pacific Smoke International (PSI)
• Sheryl Meng, PSI
• Kevin Song, PSI
• Riki Zheng, PSI
• Jason Flynn, Vape Escapes
• Loic Frohn-Villeneuve, Globe 11 Import Export Inc.
• Harrison Jordan, Substance Law Professional Corporation
• Shawn Kreger, River City Vapes
• Anthony Ngo, TheraVape Inc.
• Stuart Rosenfarb, Premium eJuice

Introduction

The Tobacco Control Directorate (TCD) invited vaping industry representatives to a consultation session on the third legislative review of the Tobacco and Vaping Products Act (TVPA). On June 27, 2025, the Government of Canada launched a public consultation to solicit feedback on compliance and enforcement challenges identified in the previous two legislative reviews, such as a potential need for additional or enhanced tools for a progressive enforcement approach.

TCD reminded participants that this meeting is subject to disclosure as per Health Canada's Openness and Transparency policies. The handling of information and privacy notice was outlined and acknowledged.

Health Canada also referred to Article 5.3 of the World Health Organization Framework Convention on Tobacco Control (WHO FCTC), its international obligation to protect tobacco control policies from the vested interests of the tobacco industry.

Subjects

TCD welcomed participants and stated the objective of the consultation session was to provide participants with additional details on the third legislative review of the TVPA and discussion questions for their consideration when providing their formal written submissions. In addition, TCD sought to collect the views of industry on challenges they feel they face complying with the TVPA.

TCD gave a presentation describing the approach to the third legislative review of the TVPA and the three themes identified for the review—the changing market, regulating in a digital era, and facilitating collaboration through the legislative framework of the TVPA—and spoke to some of the challenges Health Canada is facing with regard to compliance and enforcement of the TVPA in these areas. TCD also set out next steps and information on how to participate in the consultation and contribute to the review.

Health Canada then opened the floor to questions.

Age verification processes

Industry representatives suggested that requiring photo ID to verify the age and identity of visitors to retailer or manufacturer websites that contain vaping advertising is invasive and asked whether Health Canada would change its position on this issue to accept self-attestation methods such as checking a box or providing a birthdate.

• TCD clarified that the Vaping Products Promotion Regulationsprohibit the promotion of vaping products and vaping product-related brand elements through advertising that is done in a manner that can be seen or heard by young persons, including online. Regulated parties advertising vaping products online must effectively restrict youth access by verifying the age and identity of all visitors to effectively restrict youth access to the advertising.
• TCD also noted that Health Canada has identified on its forward regulatory plan that it will be proposing amendments to the Tobacco Access Regulations to set out in greater detail the actions that regulated parties may take to verify age and identity to ensure they are not selling to youth.

Illicit market

Industry representatives sought further information on enforcement efforts related to the illicit market.

• TCD acknowledged that illegal tobacco and vaping markets undermine tobacco control efforts by the government. Health Canada works closely with Canada's Tobacco Strategy partners, including Public Safety Canada, Canada Border Services Agency, and police of jurisdiction across the country to understand the illegal market, as well as detect, disrupt, and prevent illegal tobacco and vaping markets.

Contraventions

Industry representatives asked when they would be made aware of which specific vaping-related offences in the TVPA and/or associated regulations will be designated as contraventions under the Contraventions Act.

• TCD explained that, while Health Canada is exploring having additional contraventions in place for vaping-related offences, TCD is not able to share a timeline at this time. Any new regulations will be shared with stakeholders by email.

Compliance promotion

Industry representatives sought further information on what measures Health Canada can take to provide additional guidance to small businesses in Canada to help them comply with the TVPA and associated regulations.

• TCD acknowledged that there have been a number of regulations put in place following the coming into force of the TVPA, along with other measures including federal and some provincial/territorial excise taxes.
• TCD confirmed that Health Canada is exploring additional compliance promotion activities, such as posting additional guidance on specific regulations, to help educate industry members on their requirements, which could help improve compliance with the TVPA and its regulations.
• TCD noted that warning letters now contain additional guidance to help regulated parties come into compliance.
• TCD also noted that Health Canada is not able to offer interpretations of the TVPA or its regulations.

Industry representatives asked whether Health Canada planned to develop a standardized industry guidance document on vaping flavour name conventions.

• TCD explained that Health Canada is planning on developing additional guidance for industry and noted the specific request for guidance on flavour name conventions.

Resources

Industry representatives asked whether Health Canada could request additional resources to support enforcement efforts.

• TCD explained that there is a standard budgetary process in the federal government for when additional levels of funding are required for certain activities. Any request for additional resources would need to go through the budgetary process and the request would be considered along with all other proposals across the government.

Comparative health statements

Industry representatives sought further information on the development and implementation of an authorized, evidence-based list of comparative health statements to be used in adult-only settings to help adult smokers make informed choices.

• Given that the scope of the third legislative review is around the compliance and enforcement activities of the TVPA, TCD was not able to answer this question during the session. However, TCD encouraged industry representatives to include this question in their written submission.

Seizures of non-compliant products

Industry representatives asked whether Health Canada has the authority to seize non-compliant vaping products and how many products Health Canada has removed from the market.

• TCD confirmed that Health Canada inspectors have the authority to confiscate non-compliant vaping products.
• TCD noted that information related to the number of seizures conducted is provided in The Third Legislative Review of the Tobacco and Vaping Products Act Discussion Paper. In addition, establishments inspected and found to be non-compliant with the TVPA and/or the Canada Consumer Product Safety Act by Health Canada inspectors is regularly published in Vaping Compliance and Enforcement Reports.

Prioritization of compliance and enforcement efforts

Industry representatives ask Health Canada to prioritize compliance and enforcement efforts on products that have a greater impact on the public, such as those exceeding the maximum nicotine concentration limit.

• TCD confirmed that Health Canada does take a risk-based approach and is interested in products that may be non-compliant with the nicotine concentration limit.
• TCD explained that all issues and complaints brought to Health Canada's attention are taken seriously and encouraged industry members to report any potential violations of the TVPA by email.

Regulatory development

Industry representatives noted that there has been a rapid succession of new vaping regulations since 2018 and asked what Health Canada will do to provide regulatory stability, with reasonable transition periods for industry members.

• TCD noted that Health Canada's Forward Regulatory Plan gives information on regulatory initiatives that Health Canada will be proposing or finalizing over the next couple years. In addition, Health Canada seeks feedback from regulated parties on proposed provisions and implementation timeframes when regulations are published in the Canada Gazette, Part I.

Industry representatives asked when the new Forward Regulatory Plan would be published.

• TCD explained that the publication of the next Forward Regulatory Plan was delayed, but that it is expected to be published in the near future.

Ingredient reports

Industry representatives asked how Health Canada verifies it receives ingredient reports from all importers and manufacturers.

• TCD explained that ingredient reports are required on a one-time basis for each product type on the market. There is a team within TCD that reviews ingredient reports and works to ensure all importers and manufacturers are submitting the required reports. Health Canada also has agreements in place with partners to help with this effort.

Reporting potential violations

Industry representatives asked how to report potential violations of the TVPA to Health Canada.

• TCD explained that individuals are encouraged to report any potential violations of the TVPA to Health Canada by email.

In closing, Health Canada thanked participants for their time and encouraged them to contribute to the legislative review by sending a written submission to the Legislative Review Secretariat.

Conclusion

The meeting was then concluded.

Documents

• Agenda as provided by TCD
• Presentation as prepared by TCD