Regulations Amending the Contraventions Regulations (Tobacco and Vaping Products Act): SOR/2026-11

Canada Gazette, Part II, Volume 160, Number 3

Registration
SOR/2026-11 January 30, 2026

CONTRAVENTIONS ACT

P.C. 2026-50 January 30, 2026

Her Excellency the Governor General in Council, on the recommendation of the Minister of Justice, makes the annexed Regulations Amending the Contraventions Regulations (Tobacco and Vaping Products Act) under section 8footnote a of the Contraventions Actfootnote b.

Regulations Amending the Contraventions Regulations (Tobacco and Vaping Products Act)

Amendment

1 Schedule XIV to the Contraventions Regulationsfootnote 1 is replaced by the Schedule XIV set out in the schedule to these Regulations.

Coming into Force

2 These Regulations come into force on the day on which they are registered.

SCHEDULE

(Section 1)

SCHEDULE XIV

(Sections 1 to 4)

PART I

Tobacco and Vaping Products Act
Item

Column I

Provision of Tobacco and
Vaping Products Act

Column II

Short-Form Description

Column III

Fine ($)

1 5.1(1) Using a prohibited additive in the manufacture of a tobacco product 2000
2 5.2 Selling a tobacco product that contains a prohibited additive 2000
3 6(2) Failing to submit the requested supplementary information in the specified form and manner and within the specified time 1000
4 7.21 Using a prohibited ingredient in the manufacture of a vaping product 2000
5 7.22 Selling a vaping product that contains a prohibited ingredient 2000
6 7.3(2) Failing to submit the requested supplementary information in the specified form and manner and within the specified time 1000
7 8(1) Furnishing a tobacco product or vaping product to a young person 2000
8 9(1) Sending or delivering a tobacco product or vaping product to a young person 2000
9 9.1(1) Sending or delivering a tobacco product from one province to another for consideration 1000
10 9.1(2) Advertising an offer to send or deliver a tobacco product from one province to another 1000
11 10(1) Selling a package of cigarettes, little cigars or blunt wraps that contains fewer than the minimum number of products 1000
12 11 Selling a tobacco product by means of a self-service display 500
13 12 Furnishing or permitting the furnishing of a tobacco product by means of a dispensing device in an unauthorized location 500
14 21(1) Promoting a tobacco product through a testimonial or endorsement 1000
15 29(a) Providing or offering to provide consideration for the purchase of a tobacco product 1000
16 29(b) Furnishing or offering to furnish a tobacco product without monetary consideration or in consideration of a product or service 1000
17 30.1 Promoting a vaping product by means of advertising that could be appealing to young persons 2000
18 30.2 Promoting a vaping product by means of lifestyle advertising 1000
19 30.21(1) Promoting a vaping product through a testimonial or endorsement 1000
20 30.48(1) Promoting a vaping product whose appearance suggests it has a prohibited flavour 1000
21 30.48(2) Selling a vaping product that displays a prohibited indication or illustration 1000
22 31(1) Disseminating a prohibited promotion on behalf of another person 1000
23 31(3) Promoting a tobacco product or vaping product in foreign media in a non-compliant manner 2000
24 32(2) Failing to submit the requested supplementary information in the specified form and manner and within the specified time 1000
25 38(1) Failing to provide the inspector with all reasonably required assistance 2000
26 38(2) Obstructing or hindering an inspector or making a false or misleading statement to an inspector 2000
27 39(3) Removing, altering or interfering with any seized thing or conveyance 2000

PART II

Tobacco Products Appearance, Packaging and Labelling Regulations
Item

Column I

Provision of Tobacco Products Appearance, Packaging and Labelling Regulations

Column II

Short-Form Description

Column III

Fine ($)

1 7(1) Failing to meet the requirements regarding the contents of a primary package 1000
2 7(2) Failing to meet the requirements regarding the contents of a secondary package 1000
3 10(1) Failing to meet the requirements regarding standardized colour 1000
4 14(2) Failing to meet the requirements regarding means of opening of a primary package 1000
5 16 Failing to meet the requirements regarding bar codes 1000
6 21 Failing to meet the requirements regarding cut-out windows 1000
7 24 Failing to meet the requirements regarding overwrap 1000
8 27 Failing to meet the requirements regarding text style, colour and spacing 1000
9 30 Failing to meet the requirements regarding text size and style of a brand name 1000
10 31 Failing to meet the requirements regarding manner of display of brand name 1000
11 32 Failing to meet the requirements regarding manufacturer identity and principal place of business 1000
12 35 Failing to meet the requirements regarding manner of display of declaration of net quantity and common name 1000
13 39 Failing to meet the requirements regarding shape of primary package of cigarettes 1000
14 40 Packaging cigarettes without a slide and shell primary package 1000
15 41 Failing to meet the requirements regarding slide and shell package 1000
16 43(1) Failing to meet the requirements regarding the material of a package 1000
17 66 Failing to meet the requirements regarding cigarettes 1000
18 87 Failing to meet the requirements regarding health warnings displayed on the primary and secondary package 1000
19 90 Failing to meet the requirements regarding the placement of a health warning and the space it occupies 1000
20 91 Failing to meet the requirements regarding the manner of displaying a health warning in both official languages 1000
21 92 Failing to meet the requirements regarding health information messages (cigarettes or cigarette tobacco) 1000
22 93 Failing to meet the requirements regarding health information messages (little cigars) 1000
23 96 Failing to meet the requirements regarding the placement of the health information messages and the space it occupies 1000
24 99 Failing to meet the requirements regarding toxicity information 1000
25 102 Failing to meet the requirements regarding the placement of toxicity information and the space it occupies 1000
26 103 Failing to meet the requirements regarding the manner of displaying information in both official languages 1000
27 117(1) Failing to meet the requirements regarding health warnings displayed directly on tobacco products 1000

PART III

Vaping Products Labelling and Packaging Regulations
Item

Column I

Provision of Vaping Products Labelling and Packaging Regulations

Column II

Short-Form Description

Column III

Fine ($)

1 5 Failing to display a nicotine concentration statement 1000
2 6 Failing to display a nicotine concentration statement in the prescribed form 1000
3 13 Failing to display a health warning 1000
4 25 Failing to display a health warning or permitted expression in both official languages 1000

PART IV

Vaping Products Promotion Regulations
Item

Column I

Provision of Vaping Products Promotion Regulations

Column II

Short-Form Description

Column III

Fine ($)

1 2(1) Advertising in a manner that allows the advertising to be seen or heard by young persons 2000
2 3(1) Displaying a vaping product at the point of sale in a manner that allows it to be seen by young persons 2000
3 4(1) Displaying the package of a vaping product at the point of sale in a manner that allows the package to be seen by young persons 2000
4 8(1) Advertising a vaping product or vaping product-related brand element without a prescribed health warning 1000

PART V

Nicotine Concentration in Vaping Products Regulations
Item

Column I

Provision of Nicotine Concentration in Vaping Products Regulations

Column II

Short-Form Description

Column III

Fine ($)

1 4(1) Manufacturing or selling a non-conforming vaping product 2000
2 5 Packaging or selling a vaping product in a non-conforming manner 1000

PART VI

Tobacco Reporting Regulations
Item

Column I

Provision of Tobacco Reporting Regulations

Column II

Short-Form Description

Column III

Fine ($)

1 3(2) Failing to include the required information in a report 1000
2 4 Using data that is not obtained from tests that were performed as required in the preparation of a report 1500
3 9(1) to (3) Failing to include the required data in the manufacturer profile report 1000
4 9(4) Failing to submit the manufacturer profile report within the prescribed time 2000
5 9(6) Failing to advise the Minister of a change to information within the prescribed time 2000
6 9(7) Failing to advise the Minister of a change to items within the prescribed time 500
7 9(8) Failing to submit digital images within the prescribed time 500
8 10(1) to (3) Failing to include the required information in the report on manufacturing 1000
9 10(5) Failing to submit the report on manufacturing for a new brand within the prescribed time 1000
10 10(8) Failing to submit a new report on manufacturing within the prescribed time 1000
11 10(9) Failing to submit a new report on manufacturing that indicates the efficiency with respect to nicotine within the prescribed time 1000
12 11(1), (3) and (5) Failing to include the required information in the report on ingredients 1000
13 11(6) Failing to submit the report on ingredients within the prescribed time 3000
14 11(7) Failing to submit the report on ingredients for a new brand within the prescribed time 1000
15 12(7) Failing to include the required information in the report on tobacco constituents 1000
16 12(13) Failing to submit the report on tobacco constituents within the prescribed time 3000
17 13(1) to (3) Failing to include the required information in the report on sales of specified tobacco products 1000
18 13(4) Failing to submit the report on sales of specified tobacco products within the prescribed time 2000
19 14(1) and (2) Failing to include the required information in the report on emissions from designated tobacco products 1000
20 14(18) Failing to submit the report on emissions from designated tobacco products within the prescribed time 3000
21 14.2(1) to (7) Failing to include the required information in the report on the toxicity of cigarette emissions 1000
22 14.2(8) Failing to submit the report on the toxicity of cigarette emissions within the prescribed time 2000
23 15(1) to (3) Failing to include the required information in the report on research and development activities 1000
24 15(4) Failing to submit the report on research and development activities within the prescribed time 2000
25 16(3) Failing to submit a report on promotional activities within the prescribed time 2000
26 17 Failing to include the required information in the report on advertising in publications 1000
27 18 Failing to include the required information in the report on advertising on signs 1000
28 19 Failing to include the required information in the report on promotions on permanent facilities 1000
29 20 Failing to include the required information in the report on packaging expenses 1000
30 22 Failing to include the required information in the report on signs, displays and other promotions at retail 1000
31 23 Failing to include the required information in the report on accessories 1000
32 24 Failing to include the required information in the report on other products 1000

PART VII

Vaping Products Reporting Regulations
Item

Column I

Provision of Vaping Products Reporting Regulations

Column II

Short-Form Description

Column III

Fine ($)

1 3(2) Failing to include the required information in a report 1000
2 3(3) Failing to create a unique product identifier for the brand 1000
3 4(1) to (4) Failing to include the required information in the report on sales 1000
4 4(6) Failing to submit the report on sales within the prescribed time 2000
5 5(1) and (2) Failing to include the required information in the report on ingredients 1000
6 5(7) Failing to submit the report on ingredients within the prescribed time 3000
7 6(1) Failing to submit a report in the prescribed manner and form 2000
8 7 Failing to submit a notification of change as prescribed 3000

REGULATORY IMPACT ANALYSIS STATEMENT

(This statement is not part of the Regulations.)

Issues

There are currently 10 offences in the Tobacco and Vaping Products Act (TVPA) for which enforcement by means of ticket is permitted under the Contraventions Regulations (CR). Amendments are required to align the short-form descriptions of some provisions with prior amendments to the TVPA and to increase fine amounts, which have remained the same since 1999, to maintain their effectiveness. In addition, in order to allow the enforcement of additional offences contained in the TVPA and the regulations made under that Act, the offences must be included in Schedule XIV to the CR.

Background

The Contraventions Act provides an alternative to the summary conviction procedure set out in the Criminal Code for the prosecution of certain federal offences. This procedure, known as the contraventions regime, reflects the distinction between criminal offences and regulatory offences. It allows enforcement authorities to commence the prosecution of a contravention by means of a ticket with the option of voluntary payment of the prescribed fine, therefore avoiding the longer and more costly summary conviction procedure set out in the Criminal Code. This spares the offender from the legal ramifications of a Criminal Code conviction (such as a criminal record) while ensuring that court and criminal justice resources can be focussed on the prosecution of more serious offences. This ticketing procedure is a more reasonable and effective approach for relatively minor infractions and provides for fines that are more proportionate to the seriousness of these offences.

Made under section 8 of the Contraventions Act, the CR identify the federal offences designated as contraventions, provide a short-form description of these offences and prescribe the amount of the fine for each of these contraventions. The short-form description is reproduced on the ticket given to the offender. The CR are amended when a federal department proposes to designate a given regulatory offence under its jurisdiction as a “contravention” or when amendments to existing short-form descriptions or fine amounts are required.

The 2017 Evaluation of the Contraventions Act Program found the inherent value in a ticketing regime because it bridges the gap between non-binding warnings and the summary conviction procedure. The summary conviction procedure is inadequate in many scenarios involving relatively minor federal offences, as it involves steps, costs and consequences that may be disproportionate to the nature of these offences. Enforcement officers interviewed as part of the evaluation reported that, in the absence of a ticketing regime, they would routinely elect not to enforce many offences or turn to warnings.

The TVPA was enacted to regulate the manufacture, sale, labelling and promotion of tobacco products and vaping products sold in Canada. The enforcement of 10 offences under the TVPA is already done by means of the contraventions regime.

Objective

Proceeding with housekeeping amendments, increasing fine amounts and expanding Schedule XIV of the CR will allow enforcement officers to continue using ticketing as an effective enforcement tool. The use of ticketing fills an important need to address cases of non-compliance that would otherwise not be appropriately dealt with using warnings or prosecution by way of summary conviction procedures. As an enforcement tool, the main objective of ticketing is to adequately encourage regulated parties to change their behaviour to comply with their regulatory requirements. The initiative is intended to strengthen Health Canada’s compliance and enforcement strategy, both for tobacco and vaping products, with additional offences designated as contraventions and increased fine amounts.

Description

The amendments to Schedule XIV of the CR increase fine amounts for seven offences currently designated in the Schedule. Fine amounts previously ranged from $200 to $500 and are updated to range from $500 to $3,000. For example, the fine amount for the offence under subsection 8(1) of the TVPA for “furnishing a tobacco product or vaping product to a young person” has been increased from $500 to $2,000.

Technical amendments are also made to update certain existing short-form descriptions to ensure they remain accurate following amendments to the TVPA to include, for example, the notion of “vaping product.” In addition, 97 additional offences in the TVPA and its regulations are designated as contraventions and added to Schedule XIV. Fine amounts for these offences found in Schedule XIV range from $500 to $3,000.

Examples of offences that have now been designated as contraventions, along with their short-form description and set fine amount, include

Regulatory development

Consultation

From June 24 to August 8, 2024, Health Canada sought comments on its website from tobacco and vaping products manufacturers, importers and retailers and their associations, non-governmental organizations, provincial and territorial governments and the general public on the CR amendments.

Health Canada received 20 submissions from various stakeholders: 14 from public health authorities, 2 from non-governmental organizations, 2 from the vaping and tobacco industry, 1 from a harm reduction advocacy group and 1 from a health care provider. Overall, there was considerable support for the approaches put forward in the proposal. None of the submissions opposed the proposal, although some respondents encouraged Health Canada to go further with its proposal.

Public health authorities expressed strong support for the proposed addition of new offences and increased fines under the TVPA, commending these changes as crucial to enhance compliance among manufacturers and retailers by introducing additional consequences for non-compliance. They emphasized the importance of these measures to protect public health and reduce youth access to tobacco and vaping products. They also highlighted the designation of new offences for providing or selling vaping products to youth, promoting these products through endorsements and non-compliant advertising, as essential steps in preventing nicotine-related harms. Overall, there was widespread approval for increasing fines for existing contraventions and the regulatory changes are thought to be essential for advancing public health goals. Respondents also supported the review of fine amounts and direct penalties towards manufacturers.

Two non-governmental organizations voiced support for the amendment to increase conformity with the TVPA by offering an efficient and cost-effective enforcement tool. However, they provided additional recommendations to help ensure the contraventions would be an efficient tool. The Quebec Coalition for Tobacco Control recommended modernizing the process surrounding giving and processing contraventions to increase transparency and publicly disclose the names of the offenders fined under the regime, stressing the importance of sharing this information with provinces, territories and other departments. The Canadian Cancer Society recommended adding more offences than those listed in the consultation document.

One harm reduction advocate, with some affiliation to the vaping industry, voiced their support for the proposal; however, they believed that more substantive fines and license suspensions should be considered to better deter non-compliance.

One health care provider strongly supported the proposal and noted Alberta Health Services’ experience with compliance and enforcement regarding tobacco and vaping products, stating the necessity of more enforcement tools and underlined the importance of raising public awareness of regulatory compliance and enforcement.

Respondents from the tobacco and vaping industry, which included two major transnational tobacco and vaping companies, fully supported the proposal as a way to help increase enforcement activities and supported increasing the fines to up to $20,000 to act as a greater deterrent. They recommended designating a number of offences found in the TVPA, including the sale of a tobacco product that does not comply with the Tobacco Products Appearance, Packaging and Labelling Regulations and the sale of a tobacco product via interprovincial delivery, and adding offences under the Food and Drugs Act, including the sale of unlicensed nicotine products, was also suggested.

Several comments received during the consultation consisted of suggestions that are outside the scope of the consultation. These suggestions included a recommendation from public health authorities for the Government to allocate sufficient resources for enforcement actions, including proactive inspections. They also urged increased investment to monitor compliance, particularly with regards to youth access and advertising on social media. Further tobacco control measures were also suggested, including raising the legal purchase age for products and implementing a flavour ban for vaping products. Non-governmental organizations gave general recommendations for compliance and enforcement, including notifying the Canada Revenue Agency of non-compliance so licences could be pulled. A recommendation for improving cooperation with compliance partners and a uniform licensing framework was also made. They felt that inconsistent regulations and inadequate enforcement across Canada have led to an increase in the illicit market. Two industry submissions noted an increase in the illicit market and made recommendations to help address it. A number of other general recommendations were made, including further regulating product displays and online promotion.

After consideration of the stakeholder comments, it was determined that many of the comments received could not be implemented because they fell outside of the scope of the CR amendments. Several fines, however, were further raised as a result of stakeholder input. Fine amounts could not be increased to the suggested $20,000 level, as the contraventions regime does not allow for fines above $5,000.

These amendments to the CR do not create new offences nor do they impose any new restrictions or burdens. They mainly designate existing offences as contraventions to allow enforcement officers to use the contraventions regime as an enforcement tool. Therefore, these amendments were not prepublished in the Canada Gazette, Part I.

Indigenous engagement, consultation and modern treaty obligations

In accordance with the Cabinet Directive on the Federal Approach to Modern Treaty Implementation, an analysis was undertaken to determine whether these regulatory amendments are likely to give rise to modern treaty obligations. The assessment examined the geographic scope and subject matter of these amendments in relation to modern treaties in effect and concluded that implementation of these Regulations is unlikely to impact the rights, interests, or self-government provisions of treaty partners given that the amendments to the CR do not create new offences nor do they impose any new restrictions or burdens.

Instrument choice

Amending the CR is the only option to allow enforcement officers to issue contraventions tickets. Therefore, no non-regulatory options were considered.

Regulatory analysis

Benefits and costs

The costs and benefits of these regulatory amendments have been assessed in accordance with the Treasury Board Secretariat’s Policy on Cost-Benefit Analysis by comparing the baseline against the regulatory scenario. The baseline scenario depicts what is likely to happen in the future if the Government of Canada does not implement the Regulations. The regulatory scenario provides information on the intended outcomes of the Regulations.

To note, the costs related to the imposition of fines through the contraventions regime, as well as the revenues generated through the payment of fines, are not considered costs nor benefits within the scope of the regulatory analysis, since they occur only in instances of non-compliance with the law.

Baseline and regulatory scenarios

For the purposes of this analysis, the baseline scenario is as follows:

The regulatory scenario is amending Schedule XIV to update provisions already designated as contraventions, increasing the fine amounts for the currently designated provisions and including 97 additional offences under the TVPA and its regulations.

Benefits

Making the technical amendments will ensure that the legal text is clear and consistent. Increasing fine amounts has been recognized as desirable to maintain the deterrent effect of fines and to preserve the credibility of the contraventions regime as a valuable and effective enforcement tool. Current fine amounts were set when the offences were first designated as contraventions in 1999 and are relatively low ($200 to $500). With the passage of time, these fines lose their effect and are no longer sufficient to affect non-compliant behaviour, as they may be perceived as the cost of doing business.

Including additional offences, particularly for new areas of enforcement, such as vaping, means increasing the effectiveness of enforcement action for these offences. Ticketing is the generally favoured middle ground between simply issuing a warning and using the more time and resource-consuming Criminal Code summary conviction procedure for a majority of offences. In other words, the effect of using the contraventions regime is two-fold: first, it allows for more enforcement action by virtue of having more ticketable offences; second, that enforcement action is more efficient, as it uses a process that is expedient and less resource-intensive.

Costs

The costs, which represent the fines, are directly related to non-compliance with the federal offences under the TVPA and are therefore not considered costs for the purposes of the cost-benefit analysis.

Nominal implementation costs result from the labour necessary to update electronic court systems with new information across the country. Other costs may include processing costs for federal contraventions tickets, collecting revenues generated by payment of fines, managing unpaid fines, and scheduling disputed ticket trials. Costs incurred by the provinces in the administration of federal contraventions tickets are deducted from the revenues generated by the payment of fines, making management of the contraventions regime on behalf of the federal government cost neutral.

Small business lens

Analysis under the small business lens concluded that the regulatory amendments will not impose an administrative or compliance burden on Canadian small businesses. Contraventions are not considered an administrative or a compliance burden for the purpose of the small business lens.

One-for-one rule

The one-for-one rule does not apply to these Regulations, as they are not expected to result in any incremental change in administrative costs to or burden on business, and no regulatory titles are repealed or introduced. Contraventions are not considered to be an administrative burden for the purpose of the one-for-one rule.

Regulatory cooperation and alignment

These amendments do not have any impact on a work plan or commitment under a formal regulatory cooperation forum.

International obligations

The amendments are not related to an international agreement or obligation.

Effects on the environment

In accordance with the Cabinet Directive on Strategic Environmental and Economic Assessment, a preliminary scan concluded that a strategic environmental and economic assessment is not required.

Gender-based analysis plus

The amendments are not expected to have differential impacts on Canadians based on factors such as gender, race, ethnicity, sexuality, disability status, age, etc. One of the purposes of the contraventions regime is, however, to ensure that the enforcement of offences by means of ticket is less onerous for the offender and more proportionate and appropriate to the seriousness of the offence when compared to the procedure set out in the Criminal Code.

Implementation, compliance and enforcement, and service standards

Implementation

These amendments will come into force on the day on which they are registered.

Compliance and enforcement

These amendments to the CR provide enforcement officers with an appropriate enforcement tool, allowing them to fulfil their mandate effectively and promote legislative and regulatory compliance.

Contact

Evelyne Borkowski-Parent
Legal Counsel
Programs Branch Legal Services Division
Policy Sector
Department of Justice
284 Wellington Street
Ottawa, Ontario
K1A 0H8
Email: pblsd@justice.gc.ca