Bill S-5 · 42th Parliament · Justin Trudeau
An Act to amend the Tobacco Act and the Non-smokers’ Health Act and to make consequential amendments to other Acts
Government bill. Became law.
- IntroducedNov. 21, 2016
- Debated in principleMarch 8, 2017
- Studied by a committeeDone
- Passed its first chamberMay 31, 2017
- Passed the second chamberApril 27, 2018
- Became lawMay 22, 2018
Leading supporters
Ranked by the part each played: who is responsible for the bill, who carried it, and who spoke for it most.
- Justin TrudeauPrime Minister
Who carries this bill
Arrows run from the person responsible to those who answer to them on this bill. The critic leads the Senate’s scrutiny and answers to no one on it.
What it set out to do
The pre-release version of this Legislative Summary is now available. Parliamentarians and their staff can obtain a copy by submitting a request or contacting the Library of Parliament. Members of the public can obtain a copy by the contacting the Information Service at the Library of Parliament. On 22 November 2016, the Hon. Peter Harder introduced Bill S-5, An An Act to amend the Tobacco Act and the Non-smokers’ Health Act and to make consequential amendments to other Acts, in the Senate and it was given first reading. Part 1 of this enactment amends the Tobacco Act. In order to respond to the report of the House of Commons’ Standing Committee on Health entitled Vaping: Toward a Regulatory Framework for E-Cigarettes, it amends the Act to regulate the manufacture, sale, labelling and promotion of vaping products and changes the title of the Act accordingly. It also amends certain provisions of the Act relating to tobacco products, including with respect to product standards, disclosure of product information, product sale, sending and delivery and product promotion. As well, it adds new provisions to the Act, including in respect of inspection and seizure. Part 1 also makes conseq…
Summary by the Library of Parliament.
Where members stand
Votes and debate for this bill have not been read yet.
How it changed on the way
46% of the text as introduced was changed or removed by the time it became law (19,483 words introduced, 15,998 passed). A committee amended it.
substantial changeintent mostly kept
The bill's core purpose of regulating vaping products and updating tobacco rules was retained, but Parliament added new prohibitions, expanded definitions, and cross-references to cannabis legislation. Forty-six percent of the introduced text was altered through removals, replacements, and additions before royal assent.
- Added menthol and cloves to the list of prohibited additives.
After: “The schedule to the Act is amended to add menthol and cloves as prohibited additives in all tobacco products.”
- Broadened the definition of manufacture to cover exports and vaping products.
Before: “manufacture , in respect of tobacco products, includes the packaging, labelling, distributing and importing of tobacco products for sale in Canada.”
After: “manufacture , in respect of a tobacco product or vaping product, includes the manufacture of a tobacco product or vaping product for export, as well as the packaging, labelling, distributing and importing of a tobacco or vaping product for sale in Canada.”
- Added new rules for dispensing devices and prescription vaping products.
After: “Dispensing device 12 Subject to the regulations, no person shall furnish or permit the furnishing of a tobacco product or vaping product by means of a dispensing device.”
How precisely it is written
vagueChallenging the law: EasyDisputing a charge: Easy
The bill relies heavily on subjective phrases such as reasonable grounds to believe something could appeal to young persons or create erroneous impressions. These standards replace clear rules with case-by-case judgment calls.
Open to argument
“there are reasonable grounds to believe that the advertising could be appealing to young persons”
Subjective test turns on an official's prediction of appeal rather than an objective list of features.“in a manner that is false, misleading or deceptive with respect to, or that is likely to create an erroneous impression about”
Broad, impression-based prohibition invites prolonged disputes over what counts as misleading.“in a manner that is likely to create an association between the brand element or the name and a person, entity, event, activity or permanent facility”
Vague association test leaves wide room for argument over what links are prohibited.“if there are reasonable grounds to believe that the promotion could discourage tobacco cessation or encourage the resumed use of tobacco products”
Requires speculation about behavioural effects rather than a fixed list of banned claims.
Clear-cut
“verified that the person taking delivery of the product was at least 18 years of age by asking for and examining a piece of identification issued by a federal or provincial authority or a foreign government and containing that person’s name, photograph, date of birth and signature”
Specifies exact documents and steps that satisfy the defence.“a device that produces emissions in the form of an aerosol and is intended to be brought to the mouth for inhalation of the aerosol”
Provides a functional definition that can be applied without further discretion.
Discretion. Extensive regulation-making powers cover forms of information, means of verification, and additional prohibitions on flavours, additives and promotions.
Challenging the law itself. Frequent use of reasonable-grounds and appeal-to-youth tests engages section 2(b) Charter challenges on vagueness and overbreadth grounds.
Disputing a charge under it. Accused can readily dispute whether a promotion meets the subjective 'could appeal' or 'likely to create erroneous impression' thresholds.
Read by a language model from the royal assent text; every quoted phrase appears in the bill. A reading of the drafting, not legal advice.
Did it work?
partly effective
The TVPA established a regulatory framework for vaping products as intended, contributing to reduced smoking prevalence and some public health gains, but legislative reviews and evaluations highlight ongoing enforcement challenges, resource constraints, and mixed results on youth vaping and unintended substitution effects. Multiple statutory reviews confirm progress toward objectives alongside needs for strengthened compliance tools.
- Report of the Third Legislative Review of the Tobacco and Vaping Products ActreviewHigh compliance at physical tobacco retail (88%) but lower for vaping at specialty stores (61%) and online (8%); recommends expanded enforcement tools.
- Evaluation of the Health Portfolio Tobacco and Vaping Activities 2021-2022 to 2024-2025evaluationSignificant declines in adult (to 11.5%) and youth smoking rates; vaping regulations helped reduce youth vaping but funding and IT challenges limit enforcement effectiveness.
- Canada smoking and vaping model (SAVM): the public health impact of NVP availability in Canada (BMJ Public Health)studyTVPA legalization of nicotine vaping products averted an estimated 125,300 smoking- and vaping-attributable deaths and 2.6 million life-years lost through 2060.
Who lobbied on it
No lobbying registration naming this bill is loaded.
Stages and dates from LEGISinfo.