Canada’s Vaping Law: How it’s Different in Every Province and Territory

Whether you vape or not, the laws within Canada regarding vaping, knowing the legislation is key

 

Follow the Money…

 

"Follow the money" is a catchphrase popularized by the 1976 drama-documentary motion picture All The President's Men, which suggests a money trail or corruption scheme within a high (often political) office. You make your own conclusions as it relates to the new e cigarette Canada laws.

 

Most non-smokers think that because they don’t smoke or vape, they aren’t affected by the recent vaping laws that control e cigarettes in Canada, but in reality, this is not the case. When various governments control what you or your loved ones can and cannot do, there is always an ulterior motive that you should be aware of. They may disguise it with a tagline that the new e-cigarette law is in your “best” interest, but most new laws are often in someone else’s best interest. Who is that someone else when it comes to e cigarettes in Canada? 

 

Let’s follow the money to see what A + B adds up to!

 

(A)  Big Tobacco is rapidly losing market share to the new healthier e cigarette alternative. (remember who can afford to employ elite lobbyist that influence politicians.)

+ PLUS

(B)  This reduction is expected to translate into Big Pharma losing profits as long-time smokers transition over and are no longer dying of cancer.

(C) = EQUALS the Canadian government may lose out on the $8 billion they receive annually from the sales tax on traditional cigarettes.

 

YOU DO THE MATH!

 

The regulations within Canada differ for each province and territory, so here are the laws in each area. Keep two things in mind:

 

(1) We all agree that age limits should be applied to the sale of e cigarettes to minors and the laws to protect minors are not the ones we believe are harmful.

(2) The new laws being drafted and implemented in Ontario and Quebec which plan to eliminate flavour options, remove the ability to display or demonstrate how to use the devices within the confines of a vape shop and require the vape shops to blacken their windows are far more extreme and only serve to diminish the ability to compete against Big Tobacco and threaten the future opportunity for current smokers to switch to the safer alternative. These laws continue to expand and no one knows where they will stop.

 

 

 

Alberta

 

Alberta has no official regulations in terms of the use and sale of e-cigarettes, but in Calgary there is a by-law that states that e-cigarettes cannot be used in public spaces.

 

British Columbia

 

According to the “Tobacco and Vapour Products Control Act” effective in 2016, the following regulations apply to the province of British Columbia.

 

  1. Sale to minors is prohibited.
  2. Sale is prohibited in any areas that tobacco sales are prohibited.
  3. Vaping is prohibited in:
  • Public spaces and workplaces
  • Banned inside, with the exemption of vape shops, but minors must be ID’ upon entry, and a maximum of two people may be sampling the flavours at a time
  1. Vaping in a car is prohibited if there are children under the age of 16 inside the vehicle.
  2. Vaping is prohibited within 6 metres of any entry way.
  3. Promotion is prohibited in stores, with the exception of sales including availability and price.
  4. Vaping is prohibited on any school property where minors are.
  5. There is a ban on health authority areas unless the vaping is in designated areas.

 

Manitoba

 

According to the “Non-Smokers Health Protection and Vapour Products Act” of 2015, within Manitoba

 

  1. Vaping is prohibited within indoor public places including (but not limited to):
  • Schools
  • Libraries
  • Hospitals
  • Malls
  • Restaurants
  • Workplaces
  1. Vaping in a car is prohibited if there are children under the age of 16 inside the vehicle.
  2. Promotion and advertising of e-cigarettes is prohibited.
  3. Vaping is allowed in designated smoking areas, and sale is only permitted where e-cigarettes are the sole item being sold.

 

 

New Brunswick

 

According to the “Tobacco and Electronic Sales Act” of 2015, within New Brunswick

 

  1. Sale to minors is prohibited.
  2. Sale of e-cigarettes is prohibited in any area that tobacco sales are also prohibited.
  3. Vaping is prohibited within
  • Indoor public spaces
  • School properties
  • Within three metres of patios and nine metres of any entry-way
  1. Vaping in a car is prohibited if there are children under the age of 16 inside the vehicle.
  2. Promotion cannot be visible from outside of a retail premise, and signs may only display the availability and prices of products.

 

Newfoundland and Labrador

 

According to the “Smoke-Free Environmental Act, Tobacco and Vapour Products Control Act” of 2016, within the province of Newfoundland and Labrador

 

  1. Sale of e-cigarettes to minors is prohibited.
  2. Vaping in public places is prohibited including workplaces.
  3. Vaping is permitted in designated e-cigarette rooms, and long-term care facilities as well as designated workplaces.
  4. Vaping in a car is prohibited if there are children under the age of 16 inside the vehicle.
  5. Promotion of e-cigarettes is prohibited, if it is visible outside of shop.
  6. Promotion is only permitted for purpose of displaying availability and prices of products.

 

Northwest Territories

 

Currently, the Northwest Territories have no laws or regulations on the sale and consumption of e-cigarettes.

 

Nova Scotia

 

According to the “Smoke-free Places Act and the Tobacco Access Act” of 2015

 

  1. Sale of e-cigarettes to minors is prohibited.
  2. Sale of e-cigarettes in pharmacies is prohibited.
  3. Vaping is prohibited on
  • School properties
  • On restaurant or bar patios
  • Within four metres of any entry-way
  1. Vaping in a car is prohibited if there are children under the age of 16 inside the vehicle.
  2. Promotion of e-cigarettes may not be visible outside of any shop.
  3. The age of purchase in any establishment which sells e-cigarettes must be clearly and visibly displayed.

 

Nunavut

 

Currently, Nunavut has no legislation in regard to the sale and consumption of e-cigarettes.

 

Ontario

 

According to the “Electronic Cigarettes Act” of 2016 the only ban at the current time is a ban on sale to minors, but according to new legislation as a part of Bill 174 and S-5, the following provisions will come into effect on a date that is to be determined.

 

  1. Sale of e-cigarettes will be prohibited in any areas which tobacco sales are prohibited.
  2. Vaping in public areas will be prohibited.
  • School or daycare properties
  • Sports arenas
  • No promotion can be visible outside the establishment
  • No promotion can be displayed within the premise except to display availability and price
  • No promotion within entertainment venues
  • No use of e-cigarettes in workplaces, including vape shops
  • No testing or sampling of products is permitted
  1. Vaping in a car is prohibited if there are children under the age of 16 inside the vehicle.
  2. Promotion and advertisement will be regulated, and the majority will be prohibited.
  1. No use of e-cigarettes within enclosed public or private places, and no use of e-cigarettes within public spaces.
  1. Flavouring of e-juice will be banned, tobacco flavours may be permitted; ban is subject to the decision of the regulatory authority.
  2. Product education, demonstration or display is prohibited, customer must request a product and the only interaction will be to purchase the product; customers cannot touch the product prior to purchase.
  3. All packaging of any products including devices, tanks, e-juice etc. must be in accordance of the legislation, or sale will be prohibited.

 

PEI

 

According to the “Tobacco and Electronic Smoking Device Sales and Access Act” of 2015, within Prince Edward Island

 

  1. Sale of e-cigarettes to minors is prohibited.
  2. Vaping in public spaces is prohibited including on restaurant or bar patios (with an exemption between 10pm and 3am) and within 4.5 metres of any entry-way.
  3. Vaping in a car is prohibited if there are children under the age of 16 inside the vehicle.
  4. Vaping on construction sites is prohibited.
  5. There is no promotion in, or outside the premise of an establishment which sells e-cigarettes.
  6. Any advertising that does not display the accurate health effects and hazards of e-cigarettes is permitted.
  7. Vaping in public spaces, and workplaces (with an exception to designated smoking rooms in long term care facilities).
  8. Vaping is only permitted in designated smoking areas.

 

Quebec

 

According to the “Tobacco Control Act” of 2015, within the province of Quebec

 

  1. Sale of e-cigarettes to minors is prohibited.
  2. All sale of e-cigarettes is prohibited in any areas where tobacco sales are prohibited.
  3. All use of e-cigarettes is prohibited in areas where tobacco use is prohibited.
  4. Vaping in a car is prohibited if there are children under the age of 16 inside the vehicle.
  5. Vaping is banned in public spaces including:
  • On restaurant or bar patios
  • On sports fields
  • Within nine metres of any entry-way
  1. Promotional signs outside of an establishment which sells e-cigarettes is prohibited.
  2. All legislation that applies to tobacco applies to vape shops; with an exception to the ban of cigarette flavours (this does not apply to the flavouring of e-juice).

 

Saskatchewan

 

Currently, there is no province wide legislation within Saskatchewan, but vaping is banned everywhere smoking is banned within the city of Saskatoon.

 

Yukon

 

Currently, there is no territorial legislation within the province of Yukon.

 

 

We hope we’ve helped…

 

Canadians and visitors should be aware of the various e-cigarette regulations in each province and territory to avoid penalties. The laws differ very vastly throughout the country, and to ensure that you are safe from legislation, make sure you educate yourself on the laws in your province or city. To learn more about this information, do your research, and feel free to contact or visit a local vape shop to ask questions. For Vapers it is important to know the vaping laws across Canada. Although at first glance it seems confusing, we have hopes that this list will have helped you to understand the law. If you are interested in more information on vaping visit https://www.esmokercanada.com/blog.