Canadian Excise Tax & Vaping Laws

You must be 19 to purchase e-cigarettes and vaping supplies.  Similar to tobacco products, it is illegal to sell e-cigarettes and vaping supplies to anyone under the age of 19.  It is required by law for retailers of the vaping industry in Ontario to receive proper government approved identification from the customer before selling them e-cigarettes or supplies. A more recent by-law states any person under the age of 19 is not permitted entrance into a vape shop; we must note that many responsible vape shops in Ontario have already been enforcing this on their own for sometime.

Under the Smoke-Free Ontario Act, 2017, you can not vape in any enclosed workplace, enclosed public place, and all other areas designated as smoke/vape free.  If you vape where it is not allowed, you may be charged with the offence and subject to a fine if convicted. The most recent regulation that has taken place in Ontario with regards to vaping inside of a specialty vape shop (current & new retail establishments must now apply for a specialty vape shop license) is as follows: Using an electronic cigarette (including inhaling & exhaling vapour) is permitted if the following conditions are met:

• Use is for the purpose of sampling a vapour product
• No more than two persons may sample a vapour product at the same time
• Specialty vape stores must provide fresh, one-time use disposable mouthpieces for sampling, unless the electronic cigarette is the personal possession of the person sampling a vapour product.
• The electronic cigarette must not contain Cannabis, Tobacco (i.e. Heat-Not-Burn Tobacco Products), or a Controlled Substance.

ONTARIO VAPING LAW UPDATE NOVEMBER 2019:  The Ontario government has just proposed an advertising ban for vaping products in convenience stores and gas stations.  Under these new laws, vaping ads will only be allowed in specialty vaping stores where all customers must by 19+ to enter.

Alberta has no official regulations regarding the use of e-cigarettes, with the exception of the bi-law in Calgary.   There official stance is basically ‘beware because they have not been tested’ (Source).

Calgary:  In June of 2015, the Calgary City Council passed a by-law banning the use of e-cigarettes and vaporizers everywhere the use of tobacco cigarettes is currently banned.  They made an exemption for Calgary Retail Vape Shops to allow customers to test & try e-cigarettes in their stores.   This only applies to “Stand alone, enclosed retail vape shops” (Source).

Law Update:  No provincial legislation, but some municipalities, (i.e. Cold Lake, Red Deer, Bonnyville) have by-laws to restrict e-cigarette use in public places.

ALBERTA VAPING UPDATE, OCTOBER 2019:  Alberta Heath Minister Tyler Shandro announced that the province will review their Alberta Tobacco and smoking regulation act with its aim to regulate vaping.  The review was started November, 2019.  It will most likely look at promotions and advertising of vaping products in Alberta.  At this time the tobacco laws in Alberta do not discuss vaping.  –citation

In March of 2015, the British Columbia Government proposed legislation (British Columbia Bill 14, Tobacco Control Amendment Act, 2015) which at its beginning focused on banning e-cigarettes from being used indoors, banning the sale of e-cigarettes to anyone under the age of 19, and restricting advertising or promotion of e-cigarettes.   It was proposed to be in affect February 2016.

Law Update: Tobacco and Vapour Products Control Act

Date in effect: Sept. 1, 2016

Under this law, the following are banned:

• Sale and supply to minors (under 19);
• Sales wherever tobacco sales are banned;
• Vaping anywhere (inside public and work places) smoking is banned with the exception of vape shops where minors are not allowed to enter; with a maximum of two people sampling a product at the same time;
• Vaping in cars with children under 16;
• Vaping within six metres of doors, air intakes and open windows;
• Any kind of promotion in stores except point of sale showing availability and price, including duty free shops;
• All point of sale display except where minors are prohibited, permits vending machines in adult only venues, including duty free shops;
• Kindergarten to Grade 12 school sites at all times;
• Ban on health authority property unless in designated areas.

BRITISH COLUMBIA VAPING LAW UPDATE:  NOVEMBER 2019:  Health Minister Adrian Dix is to introduce new legislation in British Columbia to increase the sales tax on vaping products from 7% to 20%.  He is also considering allowing flavors outside of tobacco to be only sold in specialty vape shops.  Furthermore, he would cap the legal level of nicotine to 20mg/ml, and increase funding for youth vaping awareness programs in British Columbia. The legislation is set to come into effect January 1st, 2020.   – citation

This means there are currently no laws against vaping inside, including bars, restaurants, hotels, etc. unless specified by the individual establishment.  It is always a polite and good idea to ask for permission before using your vape in any indoor public area.

Law: The Non-Smokers Health Protection and Vapour Products Act

Royal assent received: Nov. 5, 2015

Under this law, the following are banned:

• Vaping in indoor public places like schools, libraries, hospitals, malls, restaurants, indoor workplaces;
• Vaping in cars where children under 16 are present;
• E-cigarette advertising and promotion (similar to bans on advertising on other tobacco products).

The new law also provides exemptions for vaping in the following places:

• Where e-cigarettes are predominately sold;
• Designated smoking/vaping rooms in hotels and group living facilities.

Since 2015 in Quebec, most of the rules on smoking also apply to vaping, including a ban on selling vaping products to people under 18. Now online sales of vaping products to people under 18 are also illegal. Delivery personnel have a duty to check that the buyer is 18 or older.

Also banned are vaping products with flavours of candy, dessert, pot, soft drinks and energy drinks.  These changes are added to existing restrictions, such as where you can’t smoke, either tobacco or electronic cigarettes.

According to Bill 44, it’s forbidden to:

•  Allow e-cigarettes and related accessories to be seen from the outside of a shop. To prevent this, you’ll need to frost your window.
• Communicate to consumers inappropriately regarding tobacco products displayed in the shop. This means a seller cannot communicate on the alleged benefits of vaping.
• Advertise a vaping product whose sale or distribution is forbidden. In broad terms, ad in newspapers, posters, leaflets, Facebook posts, or on any other social network are not allowed. Likewise, it is not possible for a vape seller in Quebec to own a website that promotes its products.
• Allow clients to test products or flavours. If you run a vape shop, you can’t allow a potential client test any products nor demonstrate how they work. Both owners and clients complain about this but it’s the law.
•  Sell, or offer products other than those related to e-cigarettes. For instance, owners or shop staff cannot offer food or water to clients, neither for free or at a price.
• Offer loyalty cards or any discounts or coupons.
• Sell vaping products, to minors, nor allow their presence within the shop. The client or visitor must prove he is over the age of legal majority. If the seller doubts the age of a visitor, he must ask for ID.
• Fail to display, in full view of everyone, on the cash registers or near them, messaging regarding the ban on the sale of tobacco to minors and the health warnings from the Ministère de la Santé et des Services sociaux (Source).

The City of Saskatoon has implemented legislation banning vaping anywhere smoking cigarettes is currently prohibited.  They added an exemption to allow vaping inside vape shops.  There are currently no provincial wide laws regarding e-cigarettes and vaping in Saskatchewan.

The Provincial government in Newfoundland and Labrador are currently ‘working on new legislation’ regarding vaping and e-cigarettes.  At this time no official policies are in place.

There are currently no laws against vaping inside, including bars, restaurants, hotels, etc. unless specified by the individual establishment.  It is always a polite, and generally a good idea, to ask for permission before using your vape in any indoor public area.

Laws: Smoke-Free Environment Act, Tobacco and Vapour Products Control Act

Date in effect: June 7, 2016

Under the law, the following are banned:

• Sale  to minors;
• Vaping in public places, workplaces and vehicles with children under 16.

Vaping will be allowed in designated e-cigarette rooms in long-term care facilities and certain workplaces.

The following will be banned under provisions coming into effect July 1, 2017:

• Sale banned wherever tobacco sales banned;
• Point-of-sale promotion, products and promotional materials cannot be visible inside, or outside the shop;
• Restrictions on signage inside shops.

As of July 1, 2017, Vape Shops will be allowed to operate if the only business conducted is the sale of vapour products.

Law: Tobacco and Electronic Smoking Device Sales and Access Act

Date in effect: Oct. 1, 2015

Under this law, the following are banned:

• Sale and supply to minors and purchase by minors;
• Sale where tobacco sale is banned;
• Vaping in indoor public spaces and workplaces;
• Vaping in cars with children under 19, on restaurant/bar patios except between 10 p.m. and 3 a.m., within 4.5 metres of doors and air intakes;
• Vaping on construction sites;
• Point of sale promotion and promotion visible from outside retail premises;
• Outdoor signage;
• Any advertising that is misleading regarding the characteristics, health effects and health hazards of these devices.

Law: Amendments to the Smoke Free Places Act

Date in effect: Sept. 1, 2015

Under this law, the following are banned:

• Use of electronic smoking devices in indoor public spaces and workplaces, except in a designated smoking room in a long-term care facility;
• Use in cars with children under 19;
• Use in restaurant/bar patios except between 10 p.m. and 3 a.m.;
• Use on construction sites;
• Outdoor designated smoking areas that are within 4.5 metres of doors and air intakes.

PRINCE EDWARD ISLAND (PEI) VAPING LAW UPDATE – November 2019:   PEI has set in place a legislation to raise the legal age of vaping from 19 to 21.  It is set to restrict the sales of vaping products to ‘tobaccoinist shop’.  This is a location where selling tobacco products or vaping products is the primary business.   The bill would also restrict flavours, however to what extent is still not fully understood.  This legislation has now passed its 3rd reading and just needs to be given royal assent to be law in PEI.

Currently, there are no territorial or municipal regulations/laws/bills for the Northwest Territories, Nunavut, or Yukon.  There are currently no laws against vaping inside, including bars, restaurants, hotels, etc. unless specified by the individual establishment.  It is always a polite, and generally a good idea, to ask for permission before using your vape in any indoor public area.