LANGUAGE
Last updated: September 17th 2019

Sales Restrictions

Sale of single cigarettes/sticks

Banned
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Analysis

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

Some Restrictions
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Analysis

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

Some Restrictions
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Analysis

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, or advertising an offer to send or deliver a tobacco product from one province to another. These provisions, however, allow internet tobacco product sales to an adult within the same province as the seller. At least one province, Quebec, requires face-to-face retail sales, which makes internet tobacco products sales illegal. Accordingly, the regulatory status code "Restricted" is given.

To align with FCTC Art. 13 and the FCTC Art. 13 Guidelines, the law should prohibit internet tobacco product sales, regardless of age, as internet sales are an inherent form of advertising and promotion.

Sale of smokeless tobacco products

Allowed
Analysis

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

Allowed
Analysis

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

Pharmacies

Some Restrictions
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Analysis

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. Pharmacies in Saskatchewan that sell tobacco must have a separate retail area for the sale of tobacco. See: https://www.saskatchewan.ca/residents/health/wellness-and-prevention/tobacco/tobacco-legislation - tobacco-legislation.

Schools/educational facilities

Allowed
Analysis

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 schools/educational facilities.

Playgrounds

Allowed
Analysis

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

Allowed
Analysis

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

Allowed
Analysis

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 healthcare facilities.

Cultural facilities

Allowed
Analysis

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.

Retail Package Size Restrictions

Minimum number of cigarette sticks per unit package

Yes
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Analysis

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

No
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Analysis

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 required to sell tobacco products

Yes
Analysis

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 to sell tobacco products.