e-4484 (Health)

The Government of Canada is committed to preventing youth vaping and has taken a number of measures to that effect. The Tobacco and Vaping Products Act (TVPA) prohibits the sale of vaping products to young persons and bans advertising that could be appealing to young persons. The TVPA also contains certain restrictions with regard to flavours to help protect young persons from enticement to use vaping products. Confectionery, dessert, cannabis, soft drink and energy drink are flavours that cannot be promoted or sold in relation to vaping products.

The proposed Order Amending Schedules 2 and 3 of the Tobacco and Vaping Products Act and the proposed Standards for Vaping Products’ Sensory Attributes Regulations were published in the Canada Gazette, Part I, Volume 155, Number 25 on June 19, 2021. The proposed Order and Regulations would restrict the promotion of flavours in vaping products to tobacco, mint and menthol, prescribe a sensory attribute standard to prevent sensory perception other than ones typical of tobacco or mint/menthol and prohibit sugars, sweeteners and most flavouring ingredients in vaping products. The consultation period for the proposed Order closed on September 2, 2021. Health Canada received over 25,000 submissions and continues to assess the input it received. The proposed regulations are included on Health Canada’s published 2023-2025 Forward Regulatory Plan.

The Government of Canada has adopted four sets of vaping-related regulations to address high rates of youth vaping that came into effect between 2020 and 2023: the Vaping Product Labelling and Packaging Regulations, the Nicotine Concentration in Vaping Products Regulations, the Vaping Products Promotion Regulations and the Vaping Products Reporting Regulations. The Vaping Product Labelling and Packaging Regulations require a standardized nicotine concentration statement and a health warning about the addictiveness of nicotine as well as a toxicity warning. The Nicotine Concentration in Vaping Products Regulations cap nicotine at 20 mg/mL. The Vaping Products Promotion Regulations prohibit advertising and display of vaping products at retail locations, including online, that can be seen by youth. Finally, the Vaping Products Reporting Regulations require manufacturers and importers to report on their sales of vaping products and the ingredients used in them.

Health Canada continues its efforts to improve compliance with TVPA provisions on youth access to vaping products and promotions. In fiscal year 2022-2023, for example, these efforts included: a) inspecting 1,180 vaping product retailers and seizing non-compliant products at 177 establishments; b) inspecting 80 vaping manufacturers and seizing non-compliant products at 23; and, c) conducting inspections of 255 online vaping product retailers.

With respect to public education, Health Canada has invested more than $14 million in its “Consider the Consequences of Vaping” campaign. The campaign has included several waves of online advertising in locations such as cinema, transit and malls with over 938 million impressions, as well as an interactive learning tour in schools and community venues or virtually, reaching 158,000 youth in over 968 schools. In addition, vaping awareness kits were provided to all middle and high schools, and resources sent to health care professionals. Since spring 2023, a self-led module is available for youth and teachers, which includes risks associated with vaping cannabis.

A new federal excise duty on vaping products came into effect on October 1, 2022.