Canada

Restrictions on smoking in indoor workplaces, public places, and public transport generally fall under the jurisdiction of the provinces, territories, and municipalities.

Under federal law, smoking restrictions apply to HTPs because the Non-smokers’ Health Act defines “smoke” to include HTPs. Smoking is prohibited in federally-regulated workplaces, with limited exceptions. The following rooms/areas of a federally-regulated workplace may be designated by an employer as a smoking room/area: a) any living accommodation; b) any motor vehicle, lighthouse, crane cab, caboose, locomotive, or other room or area in the work space (i) that is not incorporated within any other work space, (ii) that does not share a ventilation system with any other work space, and (iii) to which only one person normally has access during a shift; and c) any room on a ship to which only one person normally has access during a shift. Federally-regulated workplaces include a number of public places, including airports, ports, train stations, inter-city bus stations, airplanes, trains, inter-city buses, ships, reception/service areas of federally-regulated businesses (e.g., banks, post office), and federal government buildings, among others. Therefore, the regulatory status code “Some Restrictions” is given.

The law prohibits most tobacco advertising and promotion, (excluding legitimate forms of expression recognized by the FCTC Art. 13 Guidelines that could be construed as advertising such as trade newsletters, legitimate journalist or artistic expression, among other communications), and tobacco inserts are included in these restrictions. However, there are exceptions to the restrictions which include:

- promotions for retailers, manufacturers and growers;

- information advertising (factual information about the product and its characteristics, availability and price) or brand-preference advertising (promoting a product by means of its brand characteristics, including the use of brand elements on an accessory, thing or service) that is in a publication sent by direct mail to an identified adult or on signage in places where young persons are not permitted by law, so long as it does not have lifestyle advertising (which may appeal to young people);

- brand stretching so long as the thing or service is not associated with young persons, could be appealing to young persons or is associated with a way of life that includes glamour, recreation, excitement, vitality, risk or daring; and

- imported publications or radio/television broadcasts that originate outside of Canada.

Therefore, the regulatory status code “Some Restrictions” is given.

The law prohibits most tobacco advertising and promotion, (excluding legitimate forms of expression recognized by the FCTC Art. 13 Guidelines that could be construed as advertising such as trade newsletters, legitimate journalist or artistic expression, among other communications), and devices are included in these restrictions. However, there are exceptions to the restrictions which include:

- promotions for retailers, manufacturers and growers;

- information advertising (factual information about the product and its characteristics, availability and price) or brand-preference advertising (promoting a product by means of its brand characteristics, including the use of brand elements on an accessory, thing or service) that is in a publication sent by direct mail to an identified adult or on signage in places where young persons are not permitted by law, so long as it does not have lifestyle advertising (which may appeal to young people);

- brand stretching so long as the thing or service is not associated with young persons, could be appealing to young persons or is associated with a way of life that includes glamour, recreation, excitement, vitality, risk or daring; and

- imported publications or radio/television broadcasts that originate outside of Canada.

Therefore, the regulatory status code “Some Restrictions” is given.

The law prohibits the publicity of sponsorship related to tobacco products, which, by definition, includes tobacco inserts. However, the law does not prohibit unpublicized contributions, which may promote tobacco products. Therefore, the regulatory status code “Some Restrictions” is given.

The law prohibits the publicity of sponsorship related to tobacco products, which, by definition, includes devices. However, the law does not prohibit unpublicized contributions, which may promote tobacco products. Therefore, the regulatory status code “Some Restrictions” is given.

The law prohibits the sale of tobacco inserts by means of a display that allows customers to handle the product before paying for it. However, duty-free shop retailers are exempt from this self-service display prohibition. In addition, under the Tobacco and Vaping Products Act, other types of visual display, e.g., behind the counter, are allowed. As a result, the regulatory status code “Some Restrictions” is given.

The law prohibits the sale of devices by means of a display that allows customers to handle the product before paying for it. However, duty-free shop retailers are exempt from this self-service display prohibition. In addition, under the Tobacco and Vaping Products Act, other types of visual display, e.g., behind the counter, are allowed. As a result, the regulatory status code “Some Restrictions” is given.

At least one province, Quebec, requires the physical presence of the seller and consumer during tobacco product sales, which necessarily prohibits internet sales.

The Tobacco and Vaping Products Act prohibits sending or delivering a tobacco product, which, by definition, includes tobacco inserts, to a person under the age of 18. The Act also prohibits sending or delivering a tobacco product from one province to another (except between manufacturers or retailers), or advertising an offer to send or deliver a tobacco product from one province to another. Because of these varying requirements regarding internet sales, the regulatory status code “Some Restrictions” is given.

At least one province, Quebec, requires the physical presence of the seller and consumer during tobacco product sales, which necessarily prohibits internet sales.

The Tobacco and Vaping Products Act prohibits sending or delivering a tobacco product, which, by definition, includes devices, to a person under the age of 18. The Act also prohibits sending or delivering a tobacco product from one province to another (except between manufacturers or retailers), or advertising an offer to send or deliver a tobacco product from one province to another. Because of these varying requirements regarding internet sales, the regulatory status code “Some Restrictions” is given.

The law prohibits the sale of tobacco products, which, by definition includes tobacco inserts, via vending machines except in 1) a place where the public does not reasonably have access and 2) a bar, tavern, or beverage room and the vending machine has a security mechanism. Therefore, the regulatory status code “Some Restrictions” is given.

The law prohibits the sale of tobacco products, which, by definition includes devices, via vending machines except in 1) a place where the public does not reasonably have access and 2) a bar, tavern, or beverage room and the vending machine has a security mechanism. Therefore, the regulatory status code “Some Restrictions” is given.

The law prohibits the use of menthol and cloves as flavors in the manufacture and sale of all tobacco products, which, by definition, includes HTPs (except those manufactured or sold for export). The law does not prohibit the use of other flavors such as sugars, mint, fruit, and spices and herbs. Therefore, the regulatory status code “Some Restrictions” is given.

The law does not restrict specific ingredients or additives for HTPs.

The law requires text-only health warnings on all packaging for tobacco inserts. The packaging must depict up to three types of labeling: text health warnings, health information, and toxic emissions.

Health warnings for tobacco inserts must cover 50 percent of the principal display areas and must be displayed in English on one side and in French on the other side.

Tobacco inserts must contain one of 16 “health information” messages, in English and French, either anywhere on the package other than the principal display surface or the bottom, or on an insert of approximately 50mm X 88mm or, in the case of slide and shell packages, on the slide portion of the package. Health information must occupy 60-70% of the display area.

The law also requires the display of toxic emissions information on packages of tobacco inserts in English and French.

The law does not specify the rotation period of the warnings.

The law does not address health warnings on packaging for devices. Therefore, health warnings on packaging for devices are not required.

Plain packaging is required on all tobacco products, which, by definition, includes tobacco inserts. The law also includes specific requirements for packages that contain tobacco products intended for use with devices.

Packaging which suggests the tobacco product has menthol or cloves is prohibited. The promotion of tobacco products “by any means, including by means of the tobacco product packaging, that are false, misleading or deceptive or that are likely to create an erroneous impression about the characteristics, health effects or health hazards of the tobacco product or its emissions” is prohibited. In addition, the terms “light” or “mild” and any variations thereof, including the addition of any modifiers to those terms, such as “extra” or “ultra”, on product packaging for tobacco inserts is prohibited.

Plain packaging is required on all tobacco products, which, by definition, includes devices. The law also includes specific requirements for packages that contain devices or parts used with devices.

Packaging which suggests the tobacco product has menthol or cloves is prohibited. The promotion of tobacco products “by any means, including by means of the tobacco product packaging, that are false, misleading or deceptive or that are likely to create an erroneous impression about the characteristics, health effects or health hazards of the tobacco product or its emissions” is prohibited.

The law requires manufacturers to submit required information about tobacco products, including tobacco inserts and devices, and their emissions to the Minister of Health. It also requires manufacturers to make any required information available to the public and requires the Minister of Health to make disclosed information available to the public.

The law prohibits sending or delivering a tobacco product, which, by definition, includes HTPs from one province to another (except between manufacturers or retailers), or advertising an offer to send or deliver a tobacco product from one province to another. The law does not state whether manufacturers or retailers are required to register to send products cross-border. Therefore, the regulatory status code “Uncertain” is given.

Tobacco retail licenses are regulated at the provincial level in Canada. All provinces require a license or permit to sell tobacco products, including tobacco inserts and devices, at retail.

At least one province prohibits the sale of tobacco products, which includes tobacco inserts and devices, in healthcare facilities, pharmacies or on school grounds. Therefore, the regulatory status code "Regulated" is given.