Last updated: July 20, 2021
Sales Restrictions
Sale of single cigarettes/sticks
The Tobacco and Vaping Products Act prohibits the import, packaging, distribution and sale of cigarettes except in a package that contains at least 20 cigarettes. Therefore, the sale of single cigarettes is banned.
The law aligns with FCTC Art. 16 in that the law prohibits the sale of single cigarettes.
Sale of tobacco products via vending machines
The Tobacco and Vaping Products Act prohibits vending machines except in 1) a place where the public does not reasonably have access, and 2) a bar, tavern, or beverage room, if the device has a prescribed security mechanism. Some provinces and territories have total bans on vending machines.
To align with FCTC Art. 13, the FCTC Art. 13 Guidelines, and FCTC Art. 16, the law should prohibit vending machine sales of tobacco products as such sales are an inherent form of tobacco advertising and promotion.
Sale of tobacco products via the internet
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 to a young person (defined as 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.
To align with FCTC Art. 13 and the FCTC Art. 13 Guidelines, the law should prohibit internet tobacco product sales as internet sales are an inherent form of advertising and promotion.
Sale of smokeless tobacco products
The law does not specifically prohibit the sale of smokeless tobacco products; therefore, the law is interpreted as permitting the sale of smokeless tobacco products.
Sale of waterpipe tobacco products
The law does not specifically prohibit the sale of waterpipe tobacco; therefore, the law is interpreted as permitting the sale of waterpipe tobacco.
Location-based Sales Restrictions
Schools/educational facilities
At least one province prohibits the sale of tobacco products on the campus of post-secondary institutions. Therefore, the regulatory status code "Some Restrictions" is given.
Playgrounds
The law does not restrict the sale of tobacco products based on location; therefore, the law is interpreted as permitting the sale of tobacco products on playgrounds.
Stadiums/arenas
The law does not restrict the sale of tobacco products based on location; therefore, the law is interpreted as permitting the sale of tobacco products in stadiums/arenas.
Healthcare facilities
At least one province prohibits the sale of tobacco products in healthcare facilities. Therefore, the regulatory status code "Some Restrictions" is given.
Cultural facilities
The law does not restrict the sale of tobacco products based on location; therefore, the law is interpreted as permitting the sale of tobacco products in cultural facilities.
Pharmacies
The majority of provinces ban the sale of tobacco in pharmacies, including Alberta, Ontario, Quebec, New Brunswick, Nova Scotia, Prince Edward Island and Newfoundland and Labrador.
Retail Package Size Restrictions
Minimum number of cigarette sticks per unit package
The Tobacco and Vaping Products Act prohibits the import, packaging, distribution and sale of cigarettes except in a package that contains at least 20 cigarettes.
The law aligns with FCTC Art. 16 with respect to the sale of small packets of cigarettes.
Minimum weight of smokeless tobacco per unit package
The Tobacco and Vaping Products Act prohibits the import, packaging, distribution and sale of tobacco products (other than cigarettes, little cigars and blunt wraps) except in a package that contains the prescribed amount. However, regulations have not yet been issued that prescribe a minimum weight for smokeless tobacco per unit package. Therefore, there is no minimum required weight.
Retail Licensing Requirements
Specific retail license or equivalent approval required to sell tobacco products
Tobacco retail licenses are regulated at the provincial level in Canada. All provinces require a license or permit to sell tobacco at retail.
The law aligns with FCTC Art. 15 in that the law requires retailers to obtain a license or equivalent approval to sell tobacco products.