Canada

Vaping and e-cigarette regulations across Canada

Roundup of vaping and e-cigarette regulations across Canada
Regulations regarding e-cigarettes and vaping vary across Canada. (Nam Y. Huh/Associated Press)

Provinces across Canada have various provisions for regulating e-cigarettes and vaping products. They include:

British Columbia

Law: 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.

Alberta

No provincial legislation, but some municipalities, (i.e. Cold Lake, Red Deer, and Bonnyville) have bylaws to restrict e-cigarette use in public places. 

Saskatchewan

No provincial legislation. The City of Saskatoon bans vaping everywhere smoking is banned.  

Manitoba

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 kids 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.

Ontario

Law: Electronic Cigarettes Act

The ban on sale to minors came into effect on Jan. 1, 2016.  

Other provisions are to come into effect at a date to be determined. When that happens, the following will be banned:

  • Sale wherever tobacco sales are banned (regulatory authority to make some exemptions);
  • Vaping in or on school property, daycares, private home daycares, reserved seating in sports arenas, in cars with kids under 16;
  • Point-of-sale promotion from outside premises, only signage showing price and availability allowed, but there is the regulatory authority to allow some exemptions;
  • Promotion at entertainment venues;
  • Regulatory authority to ban prescribed flavours.

Quebec

Law: Tobacco Control Act

Date in effect: Nov. 26, 2015

Under the law:

  • Sale and supply to minors banned, photo ID required regardless of age;
  • Sale banned wherever tobacco sales banned;
  • Vaping banned wherever smoking is banned;
  • Vaping banned in cars with kids under 16, on restaurant/bar patios, on sports fields and spectator areas, within nine metres of doors, windows and air intakes of public spaces
  • Outdoor signage restricted, shops are only allowed to show availability and price
  • All prohibitions that apply to tobacco promotion also apply to vape shops
  • The ban on flavours in cigarettes does not apply to e-cigarette juice.

New Brunswick 

Law: Tobacco and Electronic Cigarette Sales Act 

Date in effect: July 1, 2015. 

Provisions of the act include:

  • A ban on sale and supply to minors;
  • Sales banned wherever tobacco sales are banned;
  • A ban on use in indoor public spaces and workplaces;
  • A ban on or in school property, in cars with kids under 16, within three metres of patios, within nine metres of doors, windows and air intakes of workplaces;
  • A ban on promotion visible from outside retail premises; permits signage showing only availability and price, but vape shops exempted in the inside of their premises only;
  • Vape shops are allowed point of sale display.

Nova Scotia

Law: Smoke-free Places Act (amended) and Tobacco Access Act (amended)

Date in effect: May 31, 2015

Under this law, the following are banned:

  • Sale and supply to minors;
  • Possession by minors;
  • Sale in pharmacies;
  • Vaping in any venue where smoking is banned;
  • Vaping on school property, in cars with kids under 19, on restaurant/bar patios, within four metres of doors, windows and air intakes of workplaces;
  • Requirement to display age restriction signage;
  • Point-of-sale promotion. (Vape shops are exempt but there is a ban on any promotion from outside the shop.)

Prince Edward Island

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 kids 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 kids 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.

Newfoundland and Labrador 

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 kids 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.

Yukon

No territorial legislation.

Northwest Territories

No territorial legislation.

Nunavut

No territorial legislation.

Sources: Provincial and territorial health ministries