Vaping compliance and enforcement
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Health Canada has a rigorous compliance and enforcement program in place to ensure that manufacturers, importers and sellers of vaping products comply with the Tobacco and Vaping Products Act (TVPA). Health Canada inspectors regularly perform inspections of tobacco and vaping product retailers, manufacturers, on-line based establishments, and any other locations where tobacco and vaping products are sold or promoted.
All tobacco and vaping product retailers are responsible for knowing and complying with the prohibitions under the TVPA, including the prohibition on the sale of vaping products to young persons.
Retailers must also respect municipal and provincial/territorial rules and regulations regarding the sale and promotion of tobacco and vaping products, where they apply.
In the last six months of 2019, Health Canada inspectors visited 3,000 retail establishments, including 1,000 vaping specialty establishments and 2,000 convenience stores, to verify compliance with the TVPA and the Canada Consumer Product Safety Act (CCPSA). Failure to comply with one or more of the provisions under the TVPA or CCPSA could lead to enforcement action being taken.
Health Canada expects vaping product establishments to prevent young Canadians from accessing vaping products. This could include verifying identification for anyone looking to purchase these products to ensure the buyer is of legal age.
In April 2019, Health Canada committed to providing regular updates to Canadians about the results of Health Canada's compliance and enforcement activities. On June 14, the Minister sent a letter to retail associations reminding them of their responsibilities under the TVPA to prevent youth access. Health Canada has also sent letters to all vaping product retailers across the country, including both vaping specialty establishments and convenience stores.
Individuals are encouraged to report any suspected violations to Health Canada by e-mail at email@example.com and to their local authorities such as municipal public health inspectors, provincial inspectors or law enforcement.
The Vaping Product Enforcement Reports support Health Canada's commitment to transparency and openness, providing information to industry and consumers about Health Canada's compliance and enforcement activities concerning the sale, labelling and promotion of vaping products. They list establishments inspected and found to be non-compliant with the TVPA and/or the CCPSA by Health Canada Inspectors at the time an inspection took place.
Vaping Product Enforcement Reports are produced by Health Canada following the quarterly period in which the compliance and enforcement activity took place. The reports provide information on the results of an inspection and are not updated to include any subsequent compliance activities following the inspection.
Vaping Product Enforcement Reports
Health Canada's role
As a regulator, Health Canada is committed to greater transparency and openness to further strengthen confidence in our regulatory decisions. This includes sharing the results of its compliance and enforcement activities related to vaping products.
Health Canada Inspectors are designated and trained to conduct compliance and enforcement activities in a fair, consistent, and unbiased manner, following standard procedures.
Health Canada carries out inspections to verify and enforce requirements pertaining to vaping products under the TVPA and CCPSA. Health Canada Inspectors regularly perform inspections of vaping product retailers, specialty establishments, manufacturers, online-based establishments, and any other establishments where vaping products are sold, promoted, manufactured or labelled. In addition, Health Canada also conducts compliance promotion activities (e.g. providing information and education) to raise awareness within the vaping industry of their obligations.
Vaping Industry's role
All establishments conducting activities associated with vaping products are responsible for knowing and complying with the requirements under the TVPA, as well as the CCSPA and the Food and Drugs Act (FDA) as applicable.
Municipal and provincial/territorial rules and regulations regarding the sale and promotion of vaping products must also be respected.
- Health Canada's letter to vaping product manufacturers and importers: December 2019
- Health Canada's letter to vaping and retail associations: December 2019
- Health Canada's Regulatory Transparency and Openness Framework
- Vaping product regulation
- Report an incident
- Tobacco and Vaping Compliance and Enforcement Program Contact
- Health Canada's Letter to Vaping Product Retailers
- Information Update - Health Canada warns of potential risk of pulmonary illness associated with vaping products
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