Vaping product regulations
On this page
- How vaping is regulated federally
- Vaping-Product Specific Regulations
- Vaping-related regulatory consultations
- Other laws regulating vaping
- Information for the vaping industry
How vaping is regulated federally
Vaping products manufactured, labelled, advertised, imported or sold in Canada are subject to, among others, the following Acts and their Regulations:
- Tobacco and Vaping Products Act
- Canada Consumer Product Safety Act
- Food and Drugs Act
- Non-smokers' Health Act
- Cannabis Act
Tobacco and Vaping Products Act
The Tobacco and Vaping Products Act (TVPA) became law on May 23, 2018.
While continuing to govern tobacco products as was the case under the Tobacco Act which it replaced, the TVPA also applies to vaping products. It aims to protect Canadians from nicotine addiction and from inducements to use tobacco and, in particular for youth, from vaping products use.
Key elements of the TVPA related to vaping products 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
- giving the federal Government the ability to make rules about:
- industry reporting
- manufacturing standards
- product and package labelling (for example, health warnings)
- banning the use of certain ingredients and flavours
- the promotion of vaping products
For more information about the TVPA, contact the Tobacco Control Directorate by email at email@example.com.
Canada Consumer Product Safety Act
The manufacturing, importation, advertisement and sale of vaping products that do not make health claims are subject to the Canada Consumer Product Safety Act (CCPSA), while also subject to the TVPA. In addition to other authorities, the CCPSA allows the federal Government to:
- carry out inspections
- order recalls or other measures
For more information about the CCPSA, contact the Consumer and Hazardous Product Safety Directorate by email at firstname.lastname@example.org.
Food and Drugs Act
The Food and Drugs Act (FDA) applies 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:
- 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 can be:
The TVPA also applies to these vaping products, unless specifically excluded.
- Therapeutic Products Directorate at email@example.com
- for the review process and regulation of prescription health products under the Food and Drug Regulations
- Natural and Non-Prescription Health Products Directorate at firstname.lastname@example.org
- 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:
- commercial aircraft
- federal government offices
For more information about the NSHA, contact the Labour Program at Employment and Social Development Canada.
Vaping products containing cannabis are regulated under the Cannabis Act and its regulations. The Cannabis Act became law on October 17, 2018, and establishes the framework for controlling the production, sale and possession of cannabis across Canada. The purpose of the Act is to protect public health and public safety, by, among other things, restricting youth access to cannabis, protecting young persons and others from inducements to using cannabis, and deterring illicit activities in relation to cannabis through appropriate sanctions and enforcement measures.
On October 17, 2019, cannabis extracts, including vaping products, became legal for sale in Canada.
In developing the regulations governing the production and sale of new cannabis products, including vaping products, Health Canada took into consideration risks associated with various routes of exposure to cannabis. Inhalation poses potential health risks because of the greater sensitivity and vulnerability of lung tissue to certain chemicals. For this reason, certain regulatory requirements pertaining to vaping products containing cannabis, are even more stringent than those for other non-inhaled cannabis products.
As with vaping products containing nicotine, the safety of cannabis vaping devices (such as the batteries) is regulated under the CCPSA.
For more information about the Cannabis Act, please consult the following website.
Vaping product-specific regulations
Regulations Excluding Certain Vaping Products Regulated Under the Food and Drugs Act from the Application of the Tobacco and Vaping Products Act
These regulations exclude certain categories of vaping products authorized under the FDA from the application of the TVPA in cases where they do not cause tobacco or vaping-related harms and/or already have sufficient oversight under the provisions and regulations of the FDA.
Vaping Products Labelling and Packaging Regulations
These regulations set out requirements in two parts: labelling requirements pursuant to the TVPA; and labelling requirements, child-resistant container requirements and a maximum nicotine concentration limit pursuant to the CCPSA.
Health Canada document incorporated by reference in Part 1 of the Vaping Products Labelling and Packaging Regulations:
Vaping Products Promotion Regulations
These regulations set out requirements in two parts: Part 1 for requirements related to advertising and point of sale promotions of vaping products, and Part 2 for required information in advertising of vaping products.
For more details about these regulations, see the Vaping Products Promotion Regulations: Information Sheet.
Health Canada document incorporated by reference in Part 2 of the Vaping Products Promotion Regulations:
Nicotine Concentration in Vaping Products Regulations
These regulations establish a maximum nicotine concentration of 20 mg/mL for vaping products manufactured or imported for sale in Canada. The regulations also prohibit the packaging and sale of vaping products if the nicotine concentration displayed on the package exceeds 20 mg/mL.
Vaping-related regulatory consultations
From time to time, Health Canada holds public consultations on new regulatory proposals respecting vaping products. To take part in consultations on health-related topics, including vaping products, please visit Health-related consultations.
You may also want to sign up with the Health Canada and Public Health Agency of Canada's Consultation and Stakeholder Information Management System (CSIMS). This system is used to communicate directly with stakeholders that have signed up to receive information about consultations and/or other health-related information that they are interested in. Please visit the CSIMS Registry for more information on how to register.
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:
- provincial, territorial and municipal government
Information for the vaping industry
- Industry Guide to Vaping Products Subject to the Canada Consumer Product Safety Act
- Report an incident
- Meeting Consumer Product Safety Requirements
- Canada Consumer Product Safety Act Quick Reference Guide
- Health Canada's letter to vaping manufacturers and importers: December 2019
- Health Canada's letter to vaping and retail associations: December 2019
- Health Canada's letter to vaping product retailers: June 2019
- Protection of young persons – Some key Prohibitions and Penalties under the Tobacco and Vaping Products Act
- Report a product
- Product recalls and alerts
- Battery safety
- Electrical product safety
- Buying consumer products online
- Safe storage of vaping product liquids
Report a problem or mistake on this page
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