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Home \Legislation by Country \Canada \  Summary
Last updated: July 22nd 2015

Introduction

Canada became a Party to the WHO Framework Convention on Tobacco Control on February 27, 2005.

Smoke Free Places: Smoking restrictions in workplaces and public places are generally the responsibility of provincial and territorial governments (Canada has 10 provinces and three territories), as well as municipal governments. Under federal law, smoking is prohibited in all federal government workplaces, with a few limited exceptions for residential spaces and workspaces to which only one person normally has access during a shift (such as vehicular workspaces). Federally-regulated workplaces include the federal government and federal government institutions (e.g., armed forces, Royal Canadian Mounted Police, Crown corporations, federal prisons), as well as certain commercial sectors including transportation, broadcasting, telecommunications, and banking. Other workplaces and public places fall under the jurisdiction of the provinces, territories, and municipalities. Under sub-national legislation, smoking is prohibited in virtually all indoor public places and workplaces with the limited exception of designated smoking rooms in group living facilities, long-term care facilities, and specified hotel rooms.

Tobacco Advertising, Promotion and Sponsorship: Most forms of tobacco advertising, promotion and sponsorship are prohibited, with a few limited exceptions. Tobacco products may be advertised at adult-only venues and through direct mail to named adults. In addition, cross-border advertising is not restricted. Although sponsorship by the tobacco industry is not completely prohibited, publicity of the sponsorship is prohibited.

Tobacco Packaging and Labeling: Rotating pictorial health warnings must occupy 75 percent of principal display areas. There are some exceptions to this requirement: Bidis and smokeless tobacco products must display text-only warnings; and cigar bundles and boxes and pipe tobacco are required to carry a health warning of a specified font size, which in some instances may be less than 30 percent of the principal display area. Misleading packaging and labeling, including terms such as “light” and “ultra” and other signs, is prohibited.

Roadmap to Tobacco Control Legislation: The Tobacco Act and the Non-smokers’ Health Act are the primary pieces of tobacco control legislation in Canada. The Tobacco Act regulates the manufacture; sale; packaging and labeling; and advertising, promotion and sponsorship of tobacco products. The following regulations were issued pursuant to the Tobacco Act: 1) Tobacco Access Regulations (sales to minors and product display); 2) Tobacco Reporting Regulations and amendments (reporting by tobacco industry to government); 3) Tobacco Product Information Regulations (packaging and labeling); 4) Stamping and Marking of Tobacco Products Regulations and amendments; 5) Promotion of Tobacco Products and Accessories Regulations (Prohibited Terms); and 6) Tobacco Products Labelling Regulations (Cigarettes and Little Cigars).

Smoking restrictions in public places generally fall under the jurisdiction of the provinces and territories. Under sub-national legislation, smoking is prohibited in virtually all indoor public places and workplaces with the limited exception of designated smoking rooms in group living facilities, long-term care facilities, and specified hotel rooms. The Non-smokers’ Health Act regulates smoking in federal workplaces and on common carriers. The Non-smokers' Health Regulations were issued pursuant to the Non-smoker’s Health Act and further regulate smoking in federal workplaces.

Review Status

This country’s legal measures were reviewed by our legal staff in consultation with in-country lawyers or tobacco control experts.

The materials and analysis available at this website are for informational and educational purposes only and not for the purpose of providing legal advice.