Vaping product regulations

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

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 hc.tcp.questions-plt.sc@canada.ca.

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 hc.cps-spc.sc@canada.ca.

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:

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 can be:

labelled
imported
packaged
manufactured

The TVPA also applies to these vaping products, unless specifically excluded.

Notice: Implications of the Tobacco and Vaping Products Act for the Health Products Regulated Under the Food and Drugs Act

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.

Cannabis Act

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:

List of Health Warnings for Vaping Products

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.

Health Canada document incorporated by reference in Part 2 of the Vaping Products Promotion Regulations:

List of Health Warnings for Vaping Product Advertising

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

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