LAW

The Facts Of Vaping

VAPING LEGISLATION
IN CANADA​

Specific Canadian laws or regulations, with regards to vaping, vary by province. Currently, Federal & Provincial governments are reviewing their policies on vaping. This review could potentially lead to a ban on flavours which, as we know, is a huge part of smokers’ ability to quit smoking or smoke less through the use of vaping & flavours.

LAW

Federal

PROHIBITION TVPA SECTION
Sending or delivering to young persons 9(1)
Advertising appealing to young persons 30.1
Lifestyle advertising 30.2(1), 30.2(2)
Promotion via sponsorship of person, entity, event, activity or permanent facility 30.3
Display of vaping product-related brand element on facility or in name of facility if used for a sports or cultural event or facility 30.4
Giving vaping products away 30.5
Sales promotions involving consideration for purchase (except in AOL/vape shops) 30.6
Manufacture using banned additives 7.21
Sale of products containing banned additives 7.22
Promotion of products appearing to contain banned additives 30.47
Promotion by indication or illustration suggesting product is flavoured, if potentially appealable to young persons 30.46
Promotion and sale of products that appear to be flavoured with banned flavours 30.48
Display of vaping product-related brand element on package of a tobacco product and sale of such product 23.2(1), 23.2(2)
Furnishing or promotion of vaping product if a tobacco product-related brand element is on the vaping product, its packaging or its advertising 30.71
Promotion by testimonial or endorsement, including through depiction of person, character or animal 30.21
Promotion or sale of vaping product with appearance, shape or other sensory attribute appealable to young persons 30.41
Promotion in false or misleading manner 30.42
Promotion by making claims of health benefits 30.43(1)
Promotion by making health comparisons to tobacco products 30.43(2)
Promotion that may discourage tobacco cessation 30.44

LAW

PROVINCIAL

Jurisdiction Name of Statute In Force Date Comment
Federal Bill S-5 (Tobacco and Vaping Products Act) May 23, 2018 Restrictions on promotion, flavourings etc.
Quebec Tobacco Control Act and Regulation under the Tobacco Control Act November 26, 2015 Treats e-cigarettes same as tobacco products. No flavour ban. Retail display ban (except in specialty vape shop) and prohibition on all promotion in and out of retail.
British Columbia Tobacco and Vapour Products Control Act and Tobacco and Vapour Products Control Regulation September 1, 2016 Treats e-cigarettes same as tobacco products. No flavour ban. Retail display and retail promotion ban (except in ARRL).
Nova Scotia Tobacco Access Act and Tobacco Access Regulations May 31, 2015 Treats e-cigarettes same as tobacco products. No flavour ban. Retail display ban (except in specialty vape shop) and prohibition on all promotion in and out of retail.
New Brunswick Tobacco and Electronic Cigarette Sales Act and Regulation 94-57 July 1, 2015 Treats e-cigarettes same as tobacco products. No flavour ban. Retail display and retail promotion ban (except in specialty vape shop).
Prince Edward Island Tobacco and Electronic Smoking Device Sales October 1, 2015 Treats e-cigarettes same as tobacco products. No flavour ban. Retail display ban (except in tobacconist) and retail promotion ban. Outdoor signs ban.
Newfoundland The Tobacco and Vapour Products Control Act June 7, 2016 (as amended effective Jul 1, 2017) Treats e-cigarettes same as tobacco products.  No flavour ban.  Retail display and promotion ban (except in vape shop).
Ontario Smoke-Free Ontario Act, 2017 Come into force July 1, 2018 Differentiates tobacco and vaping products. No flavour ban. Allows for retail promotion but no display or sampling (except in specialty vape shop). Prevents display and promotion in entertainment channel.
Manitoba The Non-Smokers Health Protection and Vapour Products Act October 1, 2017 Treats e-cigarettes same as tobacco products. No flavour ban. Retail display and retail promotion ban (except in ARRL) and outdoor signs ban.