Canadian Vaping laws

Canadian E-cigarette & Vaping Lawscanada-vaping-laws

At this time in Canada, electronic cigarettes (aka e-cigarettes, e-cigs, vapes,vaporizers, etc.)  are 100% legal to use as individuals.  There are currently no regulations as to where you can use them, with a few exceptions.  There are however several municipal vaping regulations that have been created by municipalities and provinces, so we will break down the legalities of vaping per Canadian province below.


FEDERAL (Canada Wide):

The federal government has not imposed any restrictions regarding the use of e-cigarettes, or the sale of e-cigarettes and vaping accessories in Canada.  All regulations have taken place at a provincial or municipal level in Canada.


Ontario:

You must be 19 to purchase e-cigarettes and vaping supplies. — Enacted Jan 1, 2016.   As of this moment, this is the one and only restriction for vaping in Canada.  Similar to tobacco products, it is illegal to buy and sell e-cigarettes and vaping supplies to anyone under the age of 19.  It is required by law for vape shops in Ontario to receive proper government approved Identification from the customer before selling them e-cigarettes or supplies.
UPDATE:  The Ontario government has delayed plans for a more aggressive stance against vaping and e-cigarettes that was set to be in effect January 1, 2016.  They are planning on completing the bill later this year.
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.

Alberta:

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’.  Citation
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 and try e-cigarettes in their stores.   This only applies to “Stand alone, enclosed retail vape shopsCitation
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. – with the exception of the city of Calgary.

British Columbia

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.
UPDATE:  The health minister has responded to updates about the bill.  This is his response:  “Given the large volume of feedback we have received, we are still currently in the process reviewing submissions. Because of this it was determined that we would not be bringing in regulations on February 1, 2016 (the potential date mentioned in the consultation paper). As we move forward in the process, staff will be able to confirm the implementation date and we expect this to happen soon.”
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.

Manitoba

In Manitoba, bill 30 was introduced into parliament for its 1st reading.  It is called the Non-smokers health protection amendment act (e-cigarettes).    This bill proposes the following:  E-cigarettes could be used only in places where smoking is permitted, with the exception of vape shops.   There is also no sale of e-cigarettes allowed to anyone under the age of 18.  E-cigarettes may be used in designated rooms in group living facilities and hotels similar to present exemptions for smoking.  Customers may use e-cigarettes to test or sample products in vape shops where the sale of e-cigarettes is the main business activity.

There would also restrictions in place which are ‘similar to restrictions presently in place for tobacco products’ regarding to the display and advertising of e-cigarettes.

This change was an amendment to the ‘non-smokers health protection act’

Bill 30 achieved Royal assent on November 5, 2015 and is currently in proclamation.  This means it is ‘almost’ enforceable.  Once the regulations are proposed and passed, it will be given an effective date for enforcement.  Citation

The most recent information regarding bill 30 is with Minister Crothers in December 1st and is as follows:

“You are correct that while Bill 30 was passed and received Royal Assent on November 5, 2015, it has not yet come into force.  The in force date will be set once the regulations, which will outline specific requirements for some of the issues you mentioned, including signage, have been developed.

As part of the regulation development, Manitoba Health, Healthy Living and Seniors (MHHLS) will consult with stakeholders, including vape shop owners.  However, a time frame for this consultation has not been determined.

Should you have any further questions or concerns about Bill 30, please contact Mr. Andrew Loughead, Manager, Tobacco Control and Cessation, MHHLS, at Andrew.Loughead@gov.mb.ca or at 204-784-3900 in Winnipeg.”

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.

Nova Scotia

Nova Scotia was one of the first provinces to implement significant restrictions on vaping and e-cigarette sales in Canada.  Nova Scotia passed legislation that came into effect on May 31st, 2015.   This ban treats cigarettes in much the same way as tobacco cigarettes.  They must be kept out of view, unless the store does not permit minors to enter.  There is no point-of-sale promotion permitted.  There is no signage or advertising allowed outside of the store.  No selling to anyone under the age of 19.  No selling in pharmacies, or anywhere else tobacco sales are prohibited.  citation

While e-cigarettes are being treated like regular cigarettes in retail settings, they will not be taxed as a tobacco product.


New Brunswick:

On July 1, 2015, New Brunswick government amended two acts to include e-cigarettes.  The smoke-free places act and the tobacco sales act have both been amended to include e-cigarettes.   The tobacco sales act is now called the tobacco and electronic cigarette sales act, and states the following:

  • The sale of e-cigarettes and e-juices to people under 19 years of age is not allowed and these products must be hidden from sight.
  • Smoking supplies (rolling papers, blunt wraps, cigarette tubes and filters, cigarette holders and pipes) cannot be sold to people under 19 years of age or be placed on display.
  • No one under the age of 19 may enter a vapour shop unless accompanied by an adult.
  • Most requirements for posting health warning signage have been eliminated.
  • Outdoor advertisement by tobacconists and vapour shops is not permitted and promotional material inside these shops must not be seen from the outside.
  • Restrictions on promotional materials that presently apply to tobacco in other retail shops will now also apply to electronic cigarettes and smoking supplies. citation

Quebec

On November 26, 2015, Quebec adopted one of the strictest regulations anywhere in Canada (for that matter, in North America) regarding e-cigarettes.  It is called Bill 44.  One of the major reasons it is so strict is its inclusion of ‘online advertising’ in Quebec.  This means that retail vape shops with an online presence cannot promote new products, e-liquid flavour, etc. to their customers via their website or social media.  Below is a break down of the restrictions in Quebec:
  • Electronic cigarettes and any other devices of that nature, including their components and accessories, are subject to the same controls as tobacco products, with the exception of the ban on flavours.
  • The display of electronic cigarettes and any other devices of that nature, including their components and accessories, is prohibited, except in specialized retail outlets for the sale of electronic cigarettes.
  • The sale of tobacco products, now including electronic cigarettes, is permitted solely to individuals buying in person at a retail outlet. Sales by internet, phone or other methods are prohibited.
  • It is prohibited to offer tobacco products free of charge.
  • Promotion or advertising of electronic cigarettes and any other devices of that nature, including their components and accessories, is prohibited, except as allowed in section 24 of the Tobacco Act. It is therefore prohibited to advertise online or to display posters in windows for promotional or advertising purposes.
  • The purchase of tobacco by or for minors is prohibited.
  • Anyone who wishes to purchase a tobacco product is required to provide proof of age at the business operator’s or an employee’s request. Proof of age must consist of government issued photo identification (examples: student card, driver’s license, health insurance card).
  • The fines prescribed for various offenses against the Tobacco Act have been increased (please see Table 1).
There are specific regulations for retail store selling only electronic cigarettes:
  • It is permitted to display such products inside the retail outlet.
  • The display must be visible only from inside the retail outlet.
  • Supplying any tobacco product, including “e-liquids,” free of charge to a customer is prohibited. This measure puts an end to tobacco product trials in retail outlets.
  • The retail outlet operator must send a written notice to the Minister of Health and Social Services indicating the name of the retail outlet, its address and a declaration of compliance with these conditions, as of November 26, 2015.
  • For new retail outlets, this written notice must be sent within 30 days of opening.
  • The business operator must declare the retail sale of tobacco in the Registraire des entreprises du Québec (REQ).

Saskatchewan
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.
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. – with the exception of the city of Saskatoon.

Newfoundland and Labrador
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 good idea to ask for permission before using your vape in any indoor public area.

Prince Edward Island
The provincial government has implemented an adaptation to bill 9, to amend the smoke free places act.  It has currently completed its first reading on June 9, 2015. citation
The provincial government has also implement an adaptation to bill 10, to amend the tobacco sales and access act.   It has currently completed its first reading on June 9, 2015.  citation
These amendments are designed to add e-cigarettes to the current tobacco regulations for sales and use.  It will add ‘vapor’ to ‘smoke’ and its current policies on smoking locations and sales.

In Prince Edward Island, 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.

Northwest Territories, Nunavut, and Yukon
Currently, there are no provincial 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 good idea to ask for permission before using your vape in any indoor public area.

 

Please Visit our Canadian Electronic Cigarette store for all your e-cig needs. We carry a large selection of e-cigarettes, accessories, and e-liquid. If you are new to e-cigarettes, visit our Beginners guide, or read a few Testimonials from cigarette smokers who switched to the e-cigarette.  We ship from Ontario, Canada.