Market & legal data on the tobacco alternatives sector in Canada

20th June 2024: Canada: Health Canada has published the report of the second review of the Tobacco and Vaping Products Act (TVPA), which focuses on tobacco products and complements the first review on the TVPA’s vaping-related provisions. The second review recommends prioritising First Nations, Inuit, and Métis engagement, cooperation, and reconciliation, addressing barriers to cessation, strengthening enforcement, increasing transparency, and addressing industry interference. It also addresses concerns over the access to and potential appeal of certain new nicotine replacement therapies to youth, specifically the new nicotine pouches authorised by Health Canada in July 2023.
13th June 2024: Canada: Health Canada has issued a recall of Zyn nicotine pouches for being sold without market authorisation under Canada’s Natural Health Products Regulations. The Canadian recall covers multiple flavours of Zyn nicotine pouches, including Apple Mint, Black Cherry, Citrus, Cool Mint, Original, Espresso, Spearmint and Bellini.
5th June 2024: Canada - New Brunswick: The provincial legislative assembly approved bill 30 to amend the Tobacco and Electronic Cigarette Sales Act to strengthen the regulatory framework around the sale of tobacco, smoking supplies, e-cigarettes and e-liquids to improve overall compliance and protect the health of young people. The bill will require every vapour product retailer to be licensed and will also ban the use of vending machines. The minister of health will have the authority to create regulations requiring vendors, manufacturers or distributors of tobacco, smoking supplies and e-cigarettes (including e-liquids) to submit samples of their product to an inspector for testing. The cost of the licence will increase from CAD100 (USD73) to CAD200 (USD146). The amendments come into force on a day or days to be fixed by proclamation.
3rd June 2024: Canada - Newfoundland and Labrador: The provincial government of Newfoundland and Labrador has launched public consultations on potential legislative amendments related to tobacco and vaping products, with feedback being sought through an online questionnaire starting early June on engageNL.ca. Key topics include prohibiting tobacco sales to individuals born after a specific date, raising the legal tobacco purchase age to 21, and banning tobacco vending machines. Separate virtual sessions will be held for stakeholders and the public, and written submissions can be directed to tobaccoengagement@gov.nl.ca.
17th April 2024: Canada: The minister of finance presented the Federal Budget 2024, which proposes to amend the Tobacco and Vaping Products Act to allow information sharing between government departments for the effective administration and enforcement of the forthcoming tobacco cost recovery framework.
17th April 2024: Canada: Starting today, heated tobacco and oral tobacco tax increases to CAD11.61031 (USD8.42) per 50 g or a fraction of 50 g contained in a package.
27th March 2024: Canada - New Brunswick: The provincial government has introduced amendments to the Tobacco and Electronic Cigarette Sales Act to strengthen the regulatory framework around the sale of tobacco, smoking supplies, e-cigarettes and e-liquids to improve overall compliance and protect the health of young people. The proposed amendments would require every vapour product retailer to be licensed and would also ban the use of vending machines. The minister of health would have the authority to create regulations requiring vendors, manufacturers or distributors of tobacco, smoking supplies and e-cigarettes (including e-liquids) to submit samples of their product to an inspector for testing. The cost of licences would increase from CAD100 (USD74) to CAD200 (USD147).
21st March 2024: Canada: The health minister released a statement expressing concern over the increasing popularity and recreational use of nicotine replacement therapies (NRTs), particularly nicotine pouches, among young people. Health Canada is currently pursuing legislative and regulatory mechanisms in the short term to urgently implement safeguards addressing youth access and appeal, including restrictions on advertising, flavours, and sales locations. These measures also aim to anticipate and mitigate emerging products, such as nicotine toothpicks, in international jurisdictions.
5th March 2024: Canada: Health Canada has published its 2024-2025 Departmental Plan. The plan’s objectives include reducing tobacco use through Canada’s Tobacco Strategy, examining youth access to vaping products to address high rates of vaping among young people, strengthening compliance and enforcement, conducting research and surveillance to better understand smoking and vaping behaviours, and exploring additional measures to address youth vaping. Specific measures include requiring tobacco manufacturers to contribute to the cost of federal public health investments in tobacco control, evaluating industry member feedback on the Tobacco and Vaping Products Act, establishing a working group to focus on cessation services, and developing voluntary standards for healthcare organisations. Additionally, Health Canada aims to establish a working group to assess youth access to vaping products, inspect websites and retailers, and advance regulatory measures to reduce the appeal of vaping products to young people.
4th March 2024: Canada: Health Canada is soliciting input from stakeholders and the public regarding potential regulatory actions aimed at consolidating the Tobacco Reporting Regulations and the Vaping Products Reporting Regulations. These measures aim to modernise and simplify current reporting requirements for tobacco products, while also introducing new information requirements applicable to both tobacco and vaping product manufacturers. A technical document that describes the measures under consideration in greater detail is available upon request by sending an email to pregs@hc-sc.gc.ca with the subject line “Technical Document – Reporting”. Comments can be submitted until 1st May 2024.
8th February 2024: Canada - British Columbia: The provincial government has decided to restrict the sale of nicotine pouches exclusively to pharmacies on a non-prescription basis. Effective from yesterday (7th February), an amendment to the Drug Schedules Regulation mandates that nicotine pouches, such as those marketed under the brand name Zonnic, must be stored behind the pharmacy counter. Individuals seeking to buy these products will be required to consult a pharmacist. This measure will enable pharmacists to educate purchasers about the health risks associated with nicotine addiction.
27th November 2023: Canada: The government has released the 2023 Fall Economic Statement, outlining plans to amend the Tobacco and Vaping Products Act. These amendments aim to authorise the establishment of fees, levies, or charges, along with compliance and enforcement mechanisms, in order to implement a tobacco cost recovery framework. However, specific details about the scope of these measures, which could significantly affect industry members, were not provided.

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