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The Tobacco and Vaping Products Act (TVPA) became law on May 23, 2018 and came into force in November 2018 and provides a legal framework for governing vaping products. Adults can legally acquire vaping products with nicotine as a less harmful option than smoking. Vaping products which do not make health claims are covered by the Canada Consumer Product Safety Act which regulates ingredients, labelling, packaging etc. Unfortunately, not making 'health claims' means manufacturers are not able to inform customers about the lower risk levels in vaping compared to smoking. E-cigarettes can, technically, be classified as a medicinal product under the Food and Drugs Act if health claims are made, but to date, no electronic cigarettes have been granted FDA approval. States also have their own legislation which varies and covers restrictions on sales to minors, where you can vape, and promotional restrictions.
Selling e-cigarettes (containing nicotine) and control mechanisms
Sale of e-cigarettes
Allowed[1, 2, 3]
As tobacco products
Yes[1, 2, 3]
As medicinal products
Yes[1, 2, 3]
As consumer goods
Yes[1, 2, 3]
References

1. Vapetrotter website. Available at: https://www.vapetrotter.com/laws/

2. Global tobacco control website. Available at: https://www.globaltobaccocontrol.org/node/14052

3. Tobacco Control Laws website. Available at : https://www.tobaccocontrollaws.org/legislation/

General use and availability
Legal to use
Yes[1, 2, 3]
Legal to sell e-cigarette device
Yes[1, 2, 3]
Legal to sell nicotine
Yes[1, 2, 3]
Legal to buy device online (personal use)
Yes[1, 2, 3]
Legal to buy nicotine online (personal use)
Yes[1, 2, 3]
References

1. Vapetrotter website. Available at: https://www.vapetrotter.com/laws/

2. Global tobacco control website. Available at: https://www.globaltobaccocontrol.org/node/14052

3. Tobacco Control Laws website. Available at : https://www.tobaccocontrollaws.org/legislation/

Health
Minimum age restrictions on sales
Yes 19+[1, 2, 3]
Legal restrictions on vaping in public places
Yes[1, 2, 3]
References

1. Vapetrotter website. Available at: https://www.vapetrotter.com/laws/

2. Global tobacco control website. Available at: https://www.globaltobaccocontrol.org/node/14052

3. Tobacco Control Laws website. Available at : https://www.tobaccocontrollaws.org/legislation/

Notes on methodology & limitations

Data has been collected from a range of sources which are openly available online, such as vaping information/regulation websites & direct from country's legislation where available. In a few instances information has been included which was received from individuals specialising in the field. The regulatory picture changes frequently and these data boxes show the situation at time of going to press. This website will be updated as/when new regulatory information is received. There are gaps in the data available - readers are invited to send in updated information to the GSTHR team.

Country News

  • Wednesday, February 20, 2019
  • Vaping among Canadian teens is a crisis, say doctors

  • Health experts and anti-smoking groups are hoping the federal government to do more to keep young people from taking up a dangerous habit.

    Teen vaping is on the rise in Canada, and Quebec is no exception.

    “The product is attractive. It's very easy to use. You've got a very high dose of nicotine. And they taste good. This is the cocktail you need to make the product attractive and popular among youth,” said Flory Doucas of the Quebec Coalition for Tobacco Control.

  • Wednesday, February 06, 2019
  • Health Canada moving to restrict vape advertisements to youth

  • Health Canada is proposing new restrictions on advertising vaping products and e-cigarettes to minors, citing concerns about the products’ rising popularity among teens.

    The proposed regulations, which have yet to be finalized, restrict advertising where youth might see it. This means not allowing advertisements at points of sale where youth are allowed access — including online. It would also remove ads from public places like malls, billboards and public transit.

  • Thursday, January 24, 2019
  • Five years later: some anti-tobacco laws in danger of going up in smoke

  • Anti-tobacco groups worry a change in government could further delay or erase tobacco legislation. After languishing for five years, a few key sections of the Alberta Tobacco Reduction Amendment Act will expire at the end of the year.

    Sections of the act which ban E-cigarettes in indoor public spaces and prohibit flavoured water-pipe tobacco use will cease to be active unless they are proclaimed over the next year, says Les Hagen, executive director of Action on Smoking and Health (ASH).

  • Tuesday, January 22, 2019
  • Organizations call on Saskatchewan government to update tobacco laws

  • A number of health organizations are calling on the Saskatchewan government to update provincial tobacco laws to deal with high smoking rates in the province.

     

    The latest data from the 2017 Canadian Tobacco Alcohol and Drug survey released in October 2018 found 21.9 per cent of youth aged 15 to 19 in the province currently smoke.

    That number jumps to 23.4 per cent of those aged 20 to 24.

  • Friday, January 11, 2019
  • A top Canadian doctor says Health Canada is 'asleep at the switch' when it comes to the teen vaping epidemic

  • An Ottawa doctor who is a Canadian expert on smoking cessation says Health Canada is doing little to stop the teen vaping epidemic.

    “This is an issue that’s screaming for attention,” says Dr. Andrew Pipe, “we’re seeing a public health disaster unfold in front of our eyes. And quite frankly Health Canada has been asleep at the switch.”

    Dr. Pipe has spent decades in the smoking cessation field [...] has helped Canadians kick their cigarette smoking habit. He calls the new teen vaping trend in Canada “disturbing”.

  • Monday, December 10, 2018
  • Teen vaping in Canada has taken a 'worrisome' turn

  • New data suggests teen smoking rates in Canada are also rising. As he tallied his latest data on vaping rates among Canadian teens, University of Waterloo Prof. David Hammond tried to find reasons not to believe his own research.

    That's because the results were troubling.

    According to his numbers, Canadian teenage vaping rates have increased substantially, similar to the dramatic increase in the U.S. where rates shot up by 80 per cent in one year, a trend the FDA called "epidemic."