Vaping Products Reporting Requirements

Summary#

The final rule Vaping Products Reporting Regulations requires manufacturers to send regular sales and ingredients information to Health Canada. The regulations came into force on June 9, 2023 and set deadlines for semi‑annual sales reports and an initial ingredients report by December 31, 2023.

What it does#

• Applies to vaping products and “assortments” intended for retail sale, including:
  • vaping substances (liquids),
  • vaping devices that do or do not contain a vaping substance,
  • certain vaping parts (e.g. tanks, cartridges, pods, microprocessor parts).
• Does not apply to vaping products that already have an authorization under the Food and Drugs Act or to cannabis vaping products.
• Requires two main electronic reports to be emailed on prescribed forms:
  • Sales reports (by brand): include a unique product identifier (GTIN or a code up to 10 characters), brand name, units/packages sold and returned by province and for export, net sales value in Canadian dollars (taxes excluded), and net volume of vaping substance. For products with liquids, report nicotine concentration (mg/mL) and the dominant flavour chosen from the schedule (e.g. Tobacco, Fruit, Mint/Menthol, Alcohol, Nut, Coffee/Tea, Spice) or “Other”/“Unflavoured”.
  • Ingredients reports (by brand): list every ingredient in the vaping substance, supplier name and address, concentrations, and for nicotine whether it is natural, synthetic, or a mix. If an ingredient is made from other substances, those must be listed too. Suppliers may submit ingredient info on a manufacturer’s behalf.
• Timing and change notification:
  • Sales reports are due semi‑annually: for January 1–June 30 reports are due by July 31; for July 1–December 31 reports are due by January 31.
  • Initial sales report is due within the time limit for the first complete semi‑annual period after the regulations start.
  • Initial ingredients report deadline: December 31, 2023 (transitional requirement).
  • Manufacturers must notify Health Canada before first selling any product made with changed ingredients.

Who's affected#

• Primarily vaping product manufacturers and importers who sell in Canada. The government’s estimates used in the analysis assumed about 235 manufacturers, of which 225 are small businesses.
• Ingredient suppliers, if manufacturers ask them to provide ingredient details directly to Health Canada or submit on the manufacturer’s behalf.
• Retailers are not required to report unless they themselves manufacture vaping products.
• Unclear or excluded groups: products authorized under the Food and Drugs Act and cannabis products are excluded.

Why it matters#

• It gives Health Canada direct access to sales and ingredient data that it previously lacked. That data can help spot market trends, track flavours and nicotine levels, and inform rules aimed at protecting youth and non‑users from nicotine addiction.
• The rules require disclosure of ingredient details (including nicotine source), which could reveal previously private supplier formulas and support product safety work.
• There are compliance costs: the department estimated about $2.0 million (present value) for government implementation and about $1.9 million (present value) for industry over a 10‑year period — a combined total of about $3.9 million (present value). Small manufacturers were identified as the group most likely to feel the administrative burden.
• Deadlines to note: initial ingredients report by December 31, 2023, and ongoing sales reports due by July 31 and January 31 each year.