Commercial and Traditional Tobacco in Federal Policy

Last reviewed: October 27, 2026Next review due: October 2027

Key takeaways

Federal tobacco laws and survey data are about commercial tobacco. Health Canada's legislative review says the Government of Canada recognizes the sacred and ceremonial role of traditional tobacco for many First Nations and Métis Peoples, which differs from commercial use. The Tobacco and Vaping Products Act has no section on traditional use, and the third review of 2026 proposes engagement with Indigenous Peoples on it.

When Canadian laws, surveys and quit-smoking targets talk about “tobacco,” they mean the commercial product: cigarettes, cigars and other manufactured tobacco sold at retail. Health Canada draws a line between that and traditional tobacco, writing in its second legislative review that the Government of Canada “recognizes the sacred and ceremonial role that traditional tobacco has for many First Nations and Métis Peoples,” which differs from commercial use. This page sets out what federal pages say, and leaves cultural and ceremonial teaching to the communities that hold it.

What do federal pages say about traditional tobacco?

The third legislative review report states that tobacco is regarded as one of four sacred medicines, alongside cedar, sweetgrass and sage. It adds that respecting and protecting sacred and ceremonial uses is a priority for many First Nations and Métis, and that some organizations asked for ceremonial practices to be protected from enforcement activities. We quote what the report says. We are not a source on teachings or protocols, and anyone seeking them should go to Elders and Indigenous organizations.

Why does the federal government talk about “commercial” tobacco use?

Because that is the use it is trying to reduce. Canada’s Tobacco Strategy, launched in 2018, includes support for First Nations, Inuit and Métis organizations to develop self-led, distinct approaches to reducing commercial tobacco use. Health Canada says Indigenous Services Canada and Crown-Indigenous Relations and Northern Affairs Canada fund Indigenous organizations to do this work in their own way.

How common is commercial tobacco use in Indigenous communities?

The third review report cites some of the highest smoking rates in the country. It lists daily smoking at:

GroupRateYear
First Nations adults, on reserve40.3%2015-16
First Nations adults, off reserve21.8%2022
Inuit adults in Canada48.3%2022
Inuit adults in Inuit Nunangat62.7%2022
Métis adults18.0%2022

These sit well above the national adult figure on our smoking statistics page, although the surveys and years are not the same. Read them as a sign of why federal policy asks for distinctions-based approaches, not as a comparison table.

Does the law treat traditional tobacco differently?

The Tobacco and Vaping Products Act is the main federal law. The table of contents of the Act as published on Justice Laws, which is current to 30 September 2026, shows no section on Indigenous or traditional use. Health Canada’s second review explains part of the reason: the Act was developed before the United Nations Declaration on the Rights of Indigenous Peoples Act received Royal Assent in 2021, and so was not developed in alignment with its principles. For the rules the Act does set, see federal smoking laws in Canada.

What changed in 2026?

On 20 May 2026 the Minister of Health tabled the third legislative review. Health Canada’s release says it identified engaging and cooperating meaningfully with Indigenous Peoples, including regarding ceremonial and traditional uses of tobacco, and that the government proposed stretching the review cycle from two years to five. The report itself describes training in cultural competency for tobacco and vaping inspectors, launched in February 2026, and a plan to seek to support First Nations and Métis in sharing their knowledge. No amendment to the Act has been made as a result, as far as the Justice Laws page shows, where the most recent change is dated 20 June 2024.

For the strategy behind the targets, see the federal tobacco control strategy; for the dated list of laws, the timeline of federal tobacco and vaping laws.

Frequently asked questions

What is the difference between commercial and traditional tobacco?

In federal policy, commercial tobacco is the manufactured product that tobacco laws regulate, while traditional tobacco has a sacred and ceremonial role for many First Nations and Métis Peoples. Health Canada says the two uses differ.

Does the Tobacco and Vaping Products Act mention traditional tobacco?

The table of contents of the Act on Justice Laws lists no section on Indigenous or traditional use. The Act was developed before the United Nations Declaration on the Rights of Indigenous Peoples Act of 2021, according to Health Canada's second review.

Are the federal tobacco-reduction targets about traditional tobacco?

No. Federal programs and targets address commercial tobacco use. Health Canada says Indigenous Services Canada and Crown-Indigenous Relations and Northern Affairs Canada support Indigenous organizations in reducing commercial tobacco use through self-led approaches.

What is the federal government doing about enforcement and ceremonial use?

Health Canada's 2026 review proposes cultural competency training for inspectors, which launched in February 2026, and seeks to support First Nations and Métis in sharing their knowledge of ceremonial and traditional tobacco.

Sources

  1. Report of the Second Legislative Review of the Tobacco and Vaping Products Act — Health Canada. Accessed October 27, 2026.
  2. Report of the Third Legislative Review of the Tobacco and Vaping Products Act — Health Canada. Accessed October 27, 2026.
  3. Government of Canada shares results from third Tobacco and Vaping Products Act legislative review — Health Canada. Accessed October 27, 2026.
  4. Addressing Tobacco and Vaping Product Use in Canada — Health Canada. Accessed October 27, 2026.
  5. Tobacco and Vaping Products Act (S.C. 1997, c. 13) — Department of Justice Canada (Justice Laws). Accessed October 27, 2026.
Disclaimer: the information on this site is for general reference only. It is not medical, legal or financial advice. Laws, rates and programs change, so check the official source before you rely on any detail.