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ARTICLE · 29 NOVEMBER 2024

CRA Auditing Vaping Industry

Canada's federal and provincial taxes of "vaping products" is really a vaping duty imposed under the Excise Act, 2001(the "Vaping Duty" and "EA 2001")...

CanadaInternational Law

Canada's federal and provincial taxes of "vaping products" is really a vaping duty imposed under the Excise Act, 2001(the "Vaping Duty" and "EA 2001"), and the CRA is in charge of administering that excise duty – Including related audit activities.

CRA appears to be ramping up its audit activity in this area, now issuing proposed and final assessments under the taxing provisions in EA 2001 sections 158.57, 158.58 and 158.61.

Overview of Canada's Vaping Duty

Canada's Vaping Duty framework applies to vaping products manufactured or imported to Canada and applies both federally and provincially. The applicable rules are enforced through a coordinated system in "specified vaping provinces", which currently include Alberta, Manitoba, Ontario, Quebec, New Brunswick, Northwest Territories, Nunavut, and the Yukon, and Prince Edward Island – with some of these being added to the system earlier this month.

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