Vaping product regulation
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How vaping is regulated federally
Vaping products produced, advertised, imported or sold in Canada are subject to the following regulations:
- Tobacco and Vaping Products Act
- Canada Consumer Product Safety Act
- Food and Drugs Act
- Non-smokers' Health Act
Tobacco and Vaping Products Act
The Tobacco and Vaping Products Act (TVPA) became law on May 23, 2018. Adults can now legally get vaping products with nicotine.
The TVPA replaces the Tobacco Act, which governed how tobacco products were:
- sold
- labelled
- produced
- promoted
While continuing to govern tobacco products, the TVPA creates laws for vaping products. It:
- protects youth from nicotine addiction and from incentive to use tobacco and vaping products
- allows adults to access vaping products as a less harmful alternative to smoking
Key elements of the TVPA related to vaping include:
- not allowing vaping products to be sold or given to anyone under 18 years of age
- not allowing the sale of vaping products that appeal to youth in how they look or work
- setting rules about promoting vaping products, including:
- not promoting flavours that appeal to youth
- not misleading consumers about the health effects of these products
- giving us the ability to make rules about:
- industry reporting
- manufacturing standards
- product and packaging labelling (for example, health warning messages)
- banning the use of certain ingredients
For more information about the TVPA, contact the Tobacco Control Directorate by email at hc.tcp.questions-plt.sc@canada.ca. Please also visit our consultation summary on proposals to regulate vaping products.
Canada Consumer Product Safety Act
Vaping products that don't make health claims are governed by the Canada Consumer Product Safety Act (CCPSA). The CCPSA allows us to:
- carry out inspections
- order recalls or other measures
Consumer Chemicals and Containers Regulations, 2001
Vaping liquids are also subject to the Consumer Chemicals and Containers Regulations (CCCR), 2001.
For information about the CCPSA or the CCCR, contact hc.tcp.questions-plt.sc@canada.ca. You may also report a product or consult the Guidance on Vaping Products not Marketed for a Therapeutic Use.
Food and Drugs Act
The Food and Drugs Act (FDA) and its regulations apply to vaping products that make a health claim (help quit smoking). This includes products that contain nicotine or any other drugs as defined by the FDA. These products must receive an authorization from Health Canada before they can be:
- advertised
- sold in Canada
- commercially imported
Before issuing a market authorization, Health Canada carefully reviews the evidence provided by the product sponsor. This review is done to confirm the product meets safety, efficacy and quality requirements. A valid site licence from Health Canada is also required before a vaping product in Canada can be:
- labelled
- imported
- packaged
- manufactured
Contact:
- Therapeutic Products Directorate at hc.policy.bureau.enquiries.sc@canada.ca
- for the review process and regulation of prescription health products under the Food and Drug Regulations
- Natural and Non-Prescription Health Products Directorate at hc.nnhpd-dpsnso.sc@canada.ca
- for the authorization of non-prescription drugs as well as product and site licences for natural health products
Non-smokers' Health Act
The Non-smokers' Health Act (NSHA) addresses the issue of second-hand smoke and vapour. This Act applies to federally regulated workplaces, such as:
- banks
- ferries
- commercial aircraft
- federal government offices
For more information about the NSHA, contact the Labour Program at Employment and Social Development Canada.
Other laws regulating vaping
Provincial, territorial and municipal laws also regulate vaping products and their use.
For information on how your province, territory or municipality regulates vaping products, contact your local:
- health department
- provincial, territorial and municipal government
Information for the vaping industry
- Guidance on Vaping Products not Marketed for a Therapeutic Use
- Report an incident
- Meeting Consumer Product Safety Requirements
- Canada Consumer Product Safety Act Quick Reference Guide
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