Canada

Note: This law has not been reviewed by our legal staff and was not relied upon for purposes of our analysis. We are providing it here for informational purposes only.

COMMENTS: The Non-smokers' Health Act (NSHA) applies to employers under federal jurisdiction, including federal government and federal government institutions (e.g., armed forces, Royal Canadian Mounted Police, Crown corporations, federal prisons), as well as certain commercial sectors including transportation, broadcasting, telecommunications, and banking. The NSHA regulates smoking in the federal workplace and on common carriers. The uploaded version of the Act is in both English and French and contains amendments through October 17, 2018.

COMMENTS: The Non-smokers' Health Regulations (NSHR) are made pursuant to the Non-smokers' Health Act (NSHA), the purpose of which is to regulate smoking in federal workplaces and on common carriers. The October 25, 2007 Amendments to the NSHR repealed sections 3, 14, and 15 of these Regulations, which permitted the designation of smoking rooms and smoking areas. The amendments are incorporated into uploaded version of NSHR. This version is in both English and French.

COMMENTS: The Tobacco and Vaping Products Act (TVPA) regulates the manufacture; sale; packaging and labeling; and advertising, promotion and sponsorship of e-cigarettes and tobacco products, including heated tobacco products. The uploaded version of the Act is in both English and French and contains amendments through November 19, 2018. (Note: The Tobacco and Vaping Products Act was titled the "Tobacco Act" prior to the amendments adopted in May 2018.)

Note: This law has not been reviewed by our legal staff and was not relied upon for purposes of our analysis. We are providing it here for informational purposes only.

COMMENTS: The Tobacco Access Regulations were issued pursuant to the Tobacco Act and regulate place and form of signs stating sales to minors are prohibited, and regulate product display. The uploaded version of the Regulations is in both English and French.

COMMENTS: The Tobacco Reporting Regulations were issued pursuant to the Tobacco Products and Vaping Act and regulate information that must be provided to the Ministry of Health by tobacco companies including reporting information on tobacco constituents and emissions. This version is in both English and French and contains amendments through May 23, 2018. 

Note: This law has not been reviewed by our legal staff and was not relied upon for purposes of our analysis. We are providing it here for informational purposes only.

COMMENTS: The Tobacco Products Information Regulations were repealed by the Regulations Amending the Tobacco Products Regulations (Plain and Standardized Appearance) issued on May 18, 2023. Packaging and labeling requirements have been consolidated in the Tobacco Products Appearance, Packaging and Labelling Regulations. The uploaded version of the Regulations is in both English and French and contains amendments through May 23, 2018.

COMMENTS: The Stamping and Marking of Tobacco Products Regulations were issued pursuant to the Excise Act, 2001, which addresses the taxation of tobacco, spirits, and wine. The provisions addressing the placement of excise stamps on tobacco product packaging are of particular relevance to this database. The uploaded version of the Regulations is in both English and French and contains amendments through June 21, 2018.

Note: This law has not been reviewed by our legal staff and was not relied upon for purposes of our analysis. We are providing it here for informational purposes only.

COMMENTS: Correctional Service of Canada Commissioner's Directive No. 259 on Exposure to Second-hand Smoke establishes a no-smoking policy in federal correctional facilities.

COMMENTS: The Regulations Amending the Tobacco Products Information Regulations contain several substantive changes, including no longer requiring the disclosure of toxic constituent amounts on smoked tobacco products. In addition, the amendments clarified that these regulations apply to all packages of tobacco products except cigarettes and little cigars, which are now governed by separate regulations, the Tobacco Products Labelling Regulations (Cigarettes and Little Cigars).

COMMENTS: The Promotion of Tobacco Products and Accessories Regulations (Prohibited Terms) banned the use of the terms “light” or “mild” and any variations thereof, including the addition of any modifiers to those terms, such as “extra” or “ultra.” The regulations banned their use in several ways: in all promotion of tobacco products or accessories displaying a “brand element” (Section 3); in any advertisements of tobacco products (Section 4); on product packaging (Section 5); in the sale of accessories (Section 6); and in the retail display of products of products or accessories (Section 7).

The Regulations entered into force on the date of registration in the Canada Gazette, which was September 22, 2011. However, Sections 6 and 7 of the regulations came into force four months after registration.

COMMENTS: The Tobacco Products Labelling Regulations (Cigarettes and Little Cigars) were repealed by the Regulations Amending the Tobacco Products Regulations (Plain and Standardized Appearance) issued on May 18, 2023. Packaging and labeling requirements have been consolidated in the Tobacco Products Appearance, Packaging and Labelling Regulations. The uploaded version is in both English and French and contains amendments through June 21, 2018.

Note: This law has not been reviewed by our legal staff and was not relied upon for purposes of our analysis. We are providing it here for informational purposes only.

COMMENTS: The Order Amending the Schedule to the Tobacco Act (Menthol) prohibits the use of menthol in cigarettes and most cigars.

COMMENTS: This law amends the Tobacco and Vaping Products Act (TVPA) and the Non-smokers' Health Act (NSHA) and makes consequential amendments to other Acts. (Note: The Tobacco and Vaping Products Act was titled the "Tobacco Act" prior to the amendments adopted in May 2018.)

COMMENTS: The Tobacco Products Appearance, Packaging and Labelling Regulations consolidate all appearance, packaging and labeling requirements for tobacco products under a single set of regulations. The Regulations set out the requirements related to the plain and standardized appearance, shape, and content of tobacco product packages.

Notably, the Regulations are the first in the world to require health warnings directly on certain tobacco products - cigarettes, little cigars with tipping paper, and tubes. These requirements will enter into force between April 30, 2024 and April 30, 2025.

The Regulations were originally named the Tobacco Products Regulations (Plain and Standardized Appearance). The title was amended by the Regulations Amending the Tobacco Products Regulations (Plain and Standardized Appearance) issued on May 18, 2023. The version uploaded here contains amendments through August 1, 2023. The most recent round of health warnings contained in the amendments will enter into force on January 31, 2024 for manufacturers and April 30, 2024 for retailers.

COMMENTS: The Vaping Products Labelling and Packaging Regulations set out requirements for information required to appear on e-cigarette packaging, including health warnings. The Regulations also establish other device requirements such as child-proof containers.

COMMENTS: The Vaping Products Promotion Regulations restrict the advertising of e-cigarettes, particularly around advertising to young persons.

COMMENTS: The Nicotine Concentration in Vaping Products Regulations establishes the maximum nicotine concentration in e-cigarettes at 20 mg/ml.

COMMENTS: The Vaping Products Reporting Regulations prescribe the information that manufacturers of e-cigarettes must submit to the Minister of Health.