Canada Tightens Regulation on E-Cigarette Production and Sales

Nov.08.2022
Canada Tightens Regulation on E-Cigarette Production and Sales
Canada strengthens regulations for e-cigarette production and sales including a new excise stamp and consumer tax.

Canada is strengthening its regulatory system for the production and sale of electronic cigarette products.


Starting October 1st, manufacturers and importers of e-cigarettes in Canada are required to obtain a license or register with the Canada Revenue Agency, affix a vaping excise stamp on their products, and pay a consumption tax. From October 1st to December 31st, there will be a transition period, after which only stamped e-cigarette products can be sold at retail stores. These changes stem from amendments to the 2001 Excise Tax Act and its 2022 Federal Budget Regulations.


Robert Kreklewetz, an indirect tax, customs, and trade lawyer at Millar Kreklewetz LLP, stated that these changes, from a tax perspective, essentially mean that the federal government is treating electronic cigarettes as tobacco products.


A federal excise tax of $2.91 is imposed on 20 packs of cigarettes, while approximately two milliliters of vaping liquid would require a $1 tariff. He added that this applies to nicotine-free e-liquids.


Kreklewetz stated that when e-cigarettes first emerged, like with any new technology, the government's response and action was slow. There was a lack of regulation from a product perspective, creating a bit of a wild west situation. Similarly, there was a lack of regulation from a taxation perspective, with the exception of federal sales tax, treating e-cigarettes like any other commodity. However, there was no specific consumption tax or cigarette system in place for e-cigarettes. But now, all of that has changed.


Canada also regulates electronic cigarette products through the Tobacco and Vaping Products Act and the Food and Drugs Act, and has established regulations that limit the concentration of nicotine and prescribe packaging and labeling standards.


Kreklewetz stated that tax policies are typically aligned with public policies. He proposed imposing a consumption tax, also known as a sin tax, on electronic cigarettes because they are a less harmful alternative to smoking. This would reduce incentives for smokers to switch to electronic cigarettes.


The Canadian Ministry of Health has stated that the health risks of chemicals found in electronic cigarette products, including the main liquids used in them - vegetable glycerin and propylene glycol - are still not fully understood. While these chemicals are considered safe for use in cosmetics and sweeteners, inhaling them over a long period of time is considered "unknown and still being evaluated." Similarly, the chemicals used to flavor the vaping oils are typically used by food manufacturers and are safe for consumption, but the effects of inhaling these chemicals have not yet been thoroughly tested.


Certainly, nicotine is highly addictive. The Canadian Department of Health warns that nicotine addiction in children and adolescents can "affect memory and attention," "alter the development of their brains," lower impulse control, and cause cognitive and behavioral issues.


The Canadian Department of Health has stated in its resource on "e-cigarettes and quitting smoking" that while the best choice for smokers is to quit smoking altogether, switching to e-cigarettes will "reduce your exposure to harmful and carcinogenic chemicals" and involve "short-term health improvements." E-cigarette products only contain "a small fraction of the 7,000 chemicals found in tobacco smoke," the Canadian Department of Health noted. When using e-cigarettes to quit smoking, some evidence suggests that they are associated with higher success rates.


Kreklewetz stated that if electronic cigarettes are viewed as a means for current smokers to quit smoking and switch to nicotine replacement products, then every dollar of tax paid on electronic cigarettes is simply an economic deterrent to quitting smoking. If the cost of vaping is the same as smoking, then why would anyone want to switch?


He said, "This is the vague logic that I see in the new tax system. The federal government's way of working these days is depleting new sources of revenue. Therefore, people may see the e-cigarette tax more as a tax grab than good public policy.


Statement:


This article is compiled based on third-party information and is intended solely for industry exchanges and learning.


This article does not reflect the opinion of 2FIRSTS, and 2FIRSTS cannot confirm the authenticity and accuracy of the content. The translation of this article is only intended for industry exchange and research purposes.


Due to limitations in our ability to translate accurately, this article may not fully reflect the original text. Please refer to the original article for the most accurate representation.


2FIRSTS is fully aligned with the position and statements of the Chinese government on all domestic, cross-strait and international issues.


The copyright of compiled information belongs to the original media and author. If there is any infringement, please contact us for deletion.



Disclaimer

This article is provided solely for professional research, industry discussion, and informational purposes. Any references to brands, companies, products, technologies, or policies are made for factual reporting and analytical purposes only, and do not constitute endorsement, recommendation, promotion, or advertising by 2Firsts.

Nicotine-containing products, including but not limited to cigarettes, e-cigarettes, heated tobacco products, and nicotine pouches, carry significant health risks. Readers are responsible for complying with all applicable laws and regulations in their respective jurisdictions, including age restrictions and access limitations.

The information contained in this article should not be regarded as investment, legal, medical, regulatory, or commercial advice. While 2Firsts strives to ensure the accuracy and reliability of its content, it does not assume liability for any direct or indirect loss arising from errors, omissions, inaccuracies, or reliance on the information contained herein.

This article is not intended for individuals below the legal age for accessing tobacco or nicotine-related information in their jurisdiction.

 

Copyright Notice

This article is either original content produced by 2Firsts or content reproduced, translated, summarized, or adapted from third-party sources with attribution where applicable. The intellectual property rights of the original content remain with 2Firsts or the respective original rights holders.

No individual or organization may copy, reproduce, distribute, republish, modify, translate, or otherwise use this content without prior authorization. Any unauthorized use may result in legal action.

For copyright-related inquiries, corrections, or removal requests, please contact: info@2firsts.com.

 

AI-Assisted Translation and Editing Notice

Portions of this article may have been translated, edited, or reviewed with the assistance of artificial intelligence tools to improve efficiency and readability. Due to the limitations of AI-assisted translation and editing, discrepancies, omissions, or inaccuracies may exist when compared with the original source.

Where applicable, readers are advised to refer to the original source for the most complete and accurate information. If you identify any errors or believe that any content infringes upon your rights, please contact us at info@2firsts.com, and we will review and address the matter promptly.

FDA Revises Import Alert 98-07 Rules, Bringing May Enforcement Priorities Into Unauthorized ENDS Detentions
FDA Revises Import Alert 98-07 Rules, Bringing May Enforcement Priorities Into Unauthorized ENDS Detentions
The U.S. Food and Drug Administration has revised the rules under Import Alert 98-07 to incorporate its May 2026 enforcement-priority policy for certain electronic nicotine delivery systems marketed without premarket authorization. The alert continues to allow detention without physical examination, or DWPE, for ENDS lacking required marketing authorization, while directing field divisions to apply the May risk-based framework. When necessary, detention or refusal decisions must also undergo review by the FDA's Center for Tobacco Products. Products including PACHA and Vuse Pro have already emerged as industry examples of the May policy, although enforcement discretion does not constitute FDA marketing authorization.
News
Sep.28 by 2Firsts Perspectives
Special Report | Vape bans and tougher rules: the South Caucasus takes different paths
Special Report | Vape bans and tougher rules: the South Caucasus takes different paths
Azerbaijan's sweeping e-cigarette ban has raised concerns over enforcement errors and the emergence of illicit sales, while neighboring Armenia is tightening technical rules and preparing higher excise taxes. Georgia, meanwhile, has resisted calls for broader vape restrictions and introduced preferential taxes for some domestically produced cigarettes. The divergent approaches across the South Caucasus highlight a regional policy dilemma: how to curb nicotine use and protect public health without encouraging black markets or creating unintended economic consequences for businesses and consumers.
Nov.03
Latest UK ONS Data: Vaping Rate Edges Down to 9.9% in 2025, a Year After Overtaking Cigarette Smoking
Latest UK ONS Data: Vaping Rate Edges Down to 9.9% in 2025, a Year After Overtaking Cigarette Smoking
Vaping prevalence in Great Britain edged down to 9.9% in 2025 from 10.0% in 2024, with the number of adult users holding at approximately 5.4 million for a second consecutive year, according to the Office for National Statistics (ONS). E-cigarette use had risen from 6.4% in 2020 to 10.0% in 2024, when it exceeded cigarette smoking prevalence for the first time. Cigarette smoking continued to decline to 8.7% in 2025, widening the gap to 1.2 percentage points. Daily vaping declined slightly, while usage among adults aged 25–34 increased despite falling rates in other age groups.
DATA
Oct.14
NATO Executive Director David Spross Sees U.S. Vape Regulation Improving, Calls for More PMTA Authorizations and Warns of 2027 State Tax Pressure
NATO Executive Director David Spross Sees U.S. Vape Regulation Improving, Calls for More PMTA Authorizations and Warns of 2027 State Tax Pressure
The National Association of Tobacco Outlets is calling for more FDA marketing authorizations, greater transparency in the PMTA process and continued enforcement against unauthorized e-cigarettes, even as its executive director, David Spross, points to recent regulatory developments as signs of progress. At the state level, excise taxes, flavor restrictions and vapor product directories remain major issues for tobacco retailers. By August 2026, 17 states had enacted laws establishing state-managed e-cigarette directories or similar systems.
Innovation
Sep.29 by 2Firsts Perspectives
On-Site Report | CTP Details PMTA Backlog, 180-Day Review Goal and sPMTA Process
On-Site Report | CTP Details PMTA Backlog, 180-Day Review Goal and sPMTA Process
FDA’s Center for Tobacco Products detailed new PMTA review data and process changes at the 2026 FDLI conference. Pending PMTAs fell from about 450,000 at the start of 2025 to 135,000 by September 2026. CTP also discussed its 180-day review goal, current sPMTA pilot, alternate-supplier planning, more than 50,300 pending SE reports, and lessons from the nicotine pouch pilot already being applied to ENDS review.
Regulations
Oct.07
AIR Global Starts Debt Refinancing Four Months After Nasdaq Listing With About $400 Million Notes Expected
AIR Global Starts Debt Refinancing Four Months After Nasdaq Listing With About $400 Million Notes Expected
AIR Limited, a wholly owned subsidiary of AIR Global, has launched an offering of U.S. dollar-denominated senior unsecured notes, with proceeds primarily intended to repay its existing term loan and revolving credit facility. AIR has not disclosed the final size, maturity or coupon; Refinitiv, citing Moody's, reported an expected issuance of approximately $400 million and a Ba3 rating. AIR had about $412.4 million outstanding under the two bank facilities at June 30 and net debt of $344.8 million. In the first half of 2026, AIR's Al Fakher-led flavored shisha molasses business generated about 99% of company revenue, while New Growth Categories including Crown Switch produced $2.2 million in revenue and remained loss-making on an adjusted EBITDA basis.
Sep.23