Bill S-5, an Act to amend the Tobacco Act and the Non-smokers Health Act and to make consequential amendments to other Acts (72 pages, in English; 72 pages, in French)
Bill S-5 proposes to amend the Tobacco Act to regulate vaping products as a class of products separate from tobacco products. The Tobacco Act would be renamed the Tobacco and Vaping Products Act and would include provisions to protect youth from nicotine addiction and tobacco use; allow adults to access vaping products as likely less harmful alternatives to tobacco; and, generally, to protect the health of Canadians. The Bill also extends the current authorities of the Canada Consumer Product Safety Act to apply to all vaping products without therapeutic claims; vaping products with therapeutic claims would continue to be regulated under the Food and Drugs Act.
• Definitions: The Bill includes a definition for vaping products (with and without nicotine) which would cover a range of vaping devices (e.g., electronic or pressurized devices) and substances (e.g., liquids) .
• Access by youth: The Bill proposes to ban vaping product sales to persons under 18. Measures are also proposed to require age verification at delivery for vaping products from online sales. Additional measures to prevent youth access (i.e. ban on vending machines) would be applied to both vaping and tobacco products. The Bill also proposes to include regulatory authorities to prescribe, by future regulations, how many vaping devices or how much vaping liquid is to be contained in a package.
• Flavours and ingredients: The Bill proposes to prohibit the promotion of a vaping product referencing specific flavour descriptions (e.g. confectionary and soft drink flavours) . Regulatory authority is proposed to prohibit additional flavours through a schedule to the Act based on emerging data and industry innovation. The proposed legislation would also prohibit certain ingredients because they suggest health benefits (e.g. vitamins) or vitality (e.g. caffeine) .
• Promotion: Provisions specific to vaping products would restrict certain types of promotion of vaping products. Lifestyle promotion (i.e. associated with an exciting way of life) would be prohibited, except in cases where it only reaches adults (e.g. in bars) . The legislation proposes to prohibit the offering of vaping product for free. As well, it proposes to prohibit the promotion of vaping products by using tobacco brand elements. Brand preference (e.g. logos, price) and information-based advertising (e.g. ingredients) would be permitted everywhere, as long as it is not appealing to youth.
• Labelling: The Bill includes regulation making authority for vaping products to require that information be displayed on packages and products (e.g. health warnings, nicotine concentration) . Details would be set out in future regulations.
• Disclosure to the Minister and Public Disclosure: The Bill includes regulation-making authority to require that manufacturers and importers of vaping products regularly submit information to the minister of Health Canada on devices and components, substances and ingredients, sales, promotion and research. The proposed legislation would require the Minister, manufacturers and importers to make public certain information on tobacco and vaping products as prescribed by regulations. Details would be set out in future regulations.
• Health and Safety: The Bill proposes to amend the Canada Consumer Product Safety Act so that electrical, mechanical, and toxicological hazards posed by vaping products without therapeutic claims, could be addressed by this Act. The safety as well as quality and efficacy of vaping products with therapeutic claims would continue to be addressed under the Food and Drugs Act.
• Plain and Standardize Packaging of Tobacco Products: The Bill would support the implementation of comprehensive plain and standardized packaging requirements for tobacco product packages and tobacco products. Details would be set out in future regulations. The Bill would also clarify that the Trade-marks Act and common law would continue to apply.