Health Canada has initiated its third legislative review of the Tobacco and Vaping Products Act (TVPA). This review presents an opportunity to reassess the country's current nicotine regulation strategies. The TVPA aims to reduce tobacco use and protect young people from nicotine addiction. However, recent statistics indicate that 11.4 percent of Canadians were still smoking cigarettes in 2023, a slow decline compared to Sweden's five percent, which has successfully adopted harm reduction tools like snus and nicotine pouches.

Critics argue that instead of imposing higher taxes or banning harm reduction products, Health Canada should amend the TVPA to promote their use. The TVPA was first enacted in 1997 as the Tobacco Act and expanded in 2018 to include vaping. Its effectiveness in curbing tobacco use is questioned, especially as it appears to hinder harm reduction strategies that could potentially save lives.

The Government of Canada has acknowledged that "switching completely to vaping nicotine is less harmful than continuing to smoke." Despite this, vaping is regulated under the TVPA as if it poses the same risks as smoking. Public Health England has reported that vaping is at least 95 percent less harmful than traditional cigarettes. Additionally, the U.K.'s National Health Service has found no evidence that vaping poses risks to bystanders.

Advocates suggest that Health Canada should permit manufacturers to include comparative risk statements, such as "switching to vaping is 95 percent less harmful to your health than smoking," to help consumers make informed choices. Inspections by Health Canada revealed a 97 percent compliance rate among retailers regarding the sale of products with comparative risk labels.

Flavored products, which have been targeted by the TVPA, are also recognized as effective tools for smoking cessation. Research indicates that flavored items can increase adult smoking cessation success rates by 230 percent. Furthermore, nicotine pouches, which are tobacco-free and do not involve combustion, should be made available in convenience stores. Studies show that these pouches contain fewer harmful chemicals than cigarettes or traditional snus, making them 99 percent less harmful than smoking.

Previously, nicotine pouches were sold in convenience stores and gas stations until a decision by former health minister Mark Holland restricted their sale to pharmacies starting in 2024. Critics argue that nicotine, not tobacco, is the primary cause of cancer, and limiting access to harm reduction tools is irresponsible.

The TVPA also addresses the growing black market for cigarettes, which is linked to organized crime. However, the review does not consider the potential solution of making legal, less harmful harm reduction tools more affordable through lower taxes. High taxes and bans often push consumers toward illegal sources, with studies estimating that 30 to 50 percent of the market share in provinces like Ontario and British Columbia comes from illicit sources. Since 2022, both federal and provincial taxes have increased, making legal purchases less appealing. In Ontario, a 30-milliliter bottle of vape fluid could incur over $15 in total excise duty.