Vaping and e-cigarette regulations across Canada

The federal government and eight provinces have adopted e-cigarette legislation, according to the Canadian Cancer Society.

The legislation includes bans on use and sales of e-cigarettes where smoking is banned, use of e-cigarettes in stores such as specialty retailers, restrictions on advertising and promotion, sponsorship bans, ban on stretching tobacco brand names to e-cigarettes, display bans and authority to restrict flavours.

Under the federal Tobacco and Vaping Products Act and the Non-smokers' Health Act, the minimum age to buy tobacco products is 18. The act also includes bans on use and sales where smoking is banned, advertising restrictions, restrictions on incentive promotions to consumers, and a vending machine ban.

Provinces and territories have various provisions for regulating e-cigarettes and other vaping products. These include:

British Columbia

Law: Tobacco and Vapour Products Control Act

Under this law, bans include: 

• Sale and supply to minors (under 19);
• 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;
• Sales wherever tobacco sales are banned;
• 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.

In November, B.C. announced new rules on vaping products, including higher taxes, restrictions on sales and advertising, limits on nicotine content and constraints on packaging.

Alberta

No provincial legislation, but some municipalities have bylaws to restrict e-cigarette use in public places. 

The province's health minister asked for a review of tobacco and smoking legislation, with a focus on regulating vaping in October 2019.

Saskatchewan

Saskatchewan's new regulations could be in place before spring 2020. 

Some municipalities ban vaping where smoking is banned. 

Manitoba

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

The law includes:

• Minimum age of 18.
• Ban on vaping in indoor public places like schools, libraries, hospitals, malls, restaurants, indoor workplaces;
• E-cigarette advertising and promotion (similar to bans on advertising on other tobacco products).

Ontario

Law: Smoke-Free Ontario Act

The law includes: 

• Minimum age of 19.
• Sale prohibited wherever tobacco sales are banned.

Effective Jan. 1, 2020, in-store promotion of vapour products will be limited to specialty vape shops and cannabis retail stores, and no longer allowed in convenience stores and gas stations. 

Quebec

Law: Tobacco Control Act

Under the law:

• Sale and supply to minors under 18 banned, photo ID required regardless of age;
• Sale banned wherever tobacco sales banned;
• Vaping banned wherever smoking is banned;
• Outdoor signage restricted, shops are only allowed to show availability and price;
• All prohibitions that apply to tobacco promotion also apply to vape shops.

New Brunswick 

Law: Tobacco and Electronic Cigarette Sales Act 

Provisions of the act include:

• A ban on sale and supply to minors under 19;
• Sale banned wherever tobacco sales are banned;
• 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)

Under this law, the following are banned:

• Sale and supply to minors under 19;
• Vaping in any venue where smoking is banned;
• 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

Under this law, the following are banned:

• Sale and supply to minors and purchase by minors under 19;
• Sale where tobacco sale is banned;
• 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.

P.E.I.'s legislation, which awaits royal assent, will raise the minimum purchase age to 21 from 19  — the highest in the country — as well as restrict where vaping products can be sold and ban certain flavours.

Newfoundland and Labrador 

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

Under the law, the following are banned:

• Sale to minors under 19;
• 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;
• Vape shops only allowed to operate if the only business conducted is the sale of vapour products.

Yukon

No territorial legislation.

A bill was introduced in the Legislative Assembly on Oct. 7, 2019.

Northwest Territories

No territorial legislation.

Smoking Control and Reduction Act passed in August 2019, but is not yet in effect.

Nunavut

No territorial legislation.

Amendments to Tobacco Control and Smoke-Free Places Act were in force Sept. 4, 2018 to ban e-cigarette use wherever smoking is banned

The types of places where vaping is banned, such as in cars with children under 16, also vary across the country and may be included in different legislation.