Vaping Products Reporting Regulations

Summary#

This is a proposed rule called the Vaping Products Reporting Regulations published by Health Canada on June 18, 2022. It would require vaping product manufacturers to send regular electronic reports about sales and ingredients so the government can track the market and better inform public-health rules. The proposal is not law yet and had a comment period of 45 days from publication.

What it does#

• Requires two types of electronic reports from manufacturers:
  • A quarterly Report on Sales with brand-level numbers, package counts, province-by-province sales, export countries, total volume of vaping substance, and dollar values.
  • An Report on Ingredients listing every ingredient and its concentration for products that contain a vaping substance, plus supplier names.
• Timing and format:
  • Initial reports are due one month after the first complete quarter after the regulations come into force. Ongoing sales reports are due quarterly (on or before April 30, July 31, October 31, and January 31 for each quarter).
  • New products must have an ingredients report on or before the day they are first sold in Canada.
  • Reports must use the electronic forms set by the Minister and include a signed attestation that the information is true and complete.
• Who must report:
  • Manufacturers of vaping products (including importers defined as manufacturers under the law).
  • Retailers are not required to report unless they also count as a manufacturer under the Tobacco and Vaping Products Act.
• What products are covered:
  • Vaping substances, devices and certain parts (including reservoirs, energy sources and microprocessor-containing parts), and kits that contain two or more vaping products or brands.
  • Products that already have a licence under the Food and Drugs Act are excluded.

Who's affected#

• Primarily vaping product manufacturers in Canada — the analysis estimates up to 235 manufacturers, of which about 225 are small businesses.
• The government (mainly Health Canada) would use staff time and systems to receive and analyze reports.
• Retailers only if they also manufacture vaping products under the Act’s definition.
• Indirectly, the public (including youth and people who vape) could be affected by later policy changes informed by this data.
• Provincial/territorial regimes already in place in places like British Columbia, and existing legal authority in Quebec and Nunavut, are noted as related but this federal proposal targets manufacturers nationwide.

Why it matters#

• The reports would give the government detailed, timely data it currently lacks: full sales figures by province and export country, and exact ingredient lists and concentrations. That helps spot trends (for example, flavours or nicotine strengths popular with youth).
• Health Canada says that better data would inform rules and programs aimed at reducing youth vaping and supporting tobacco cessation.
• There are costs: Health Canada estimated implementation and monitoring costs of about $2.0M (PV) over 10 years, manufacturers’ compliance costs of about $2.9M (PV), and total quantified costs of about $4.9M (PV) (roughly $0.7M annualized). Small firms without electronic sales systems could face higher one-time costs.
• This is a proposed regulation (not yet in force). The government expected the regulations to come into effect in 2023 if adopted, and would follow a phased and electronic reporting approach to reduce disruption.