Last updated: July 20, 2021
Regulatory Framework
Are e-cigarettes partly or entirely regulated under tobacco control laws?
The Tobacco and Vaping Products Act contains measures relating to prohibition of sales to minors; prohibiting the sale of e-cigarettes which appeal to youth; and granting authority to the federal Government to make regulations with respect to industry reporting, manufacturing standards, packaging and labeling, contents (ingredients and flavors) and advertising and promotion of e-cigarettes.
Are e-cigarettes partly or entirely regulated under medicine or pharmaceutical laws?
E-cigarettes which contain nicotine and/or other regulated drugs and make health claims are subject to the Food and Drugs Act and related regulations. These products must receive an authorization from Health Canada before they can be commercially imported, advertised, or sold. Before Health Canada issues a market authorization, it conducts a careful review of evidence provided by the product sponsor to confirm that the product meets the requirements for safety, efficacy and quality established by the Food and Drugs Act and its regulations.
Are e-cigarettes partly or entirely regulated under any other laws?
The manufacturing, importation, advertisement, and sale of e-cigarettes that do not make health claims are subject to the Canada Consumer Product Safety Act (CCPSA), as well as the Tobacco and Vaping Products Act. The CCPSA allows the federal government, in addition to other authorities, to carry out inspections and order recalls or other measures.
Additionally, e-cigarettes containing cannabis are subject to the regulatory framework under the Cannabis Act (2019).
