Following information is current only to November 10, 2019. Much has changed since then.
Vaping and the import of vaping devices are legal in Canada. the Federal Bill, S-5, reached Royal Ascent May 23 2018, creating a legal framework and guideline for electronic cigarette products.
The types of places where vaping is banned vary 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.
The 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.
Provinces and Territories have various provisions for regulating e-cigarettes and other vaping products.
The legal maximum nicotine strength allowed to sell or import into Canada is 20mg/mL.
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.
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 smoking is banned (work places or public areas such as storefronts, Golf Courses, Beaches and Parks) 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 with intent to purchase
Vaping in cars with children under 16;
Vaping within six meters 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.
Tanks/Pods/Disposables that hold more than 2ml are banned for sale.
30ml bottle sizes only, larger bottle sizes are banned for sale.
Flavours are banned for sale in businesses that allow minors in (Gas Stations).
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".
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”.
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 generally a good idea, to ask for permission before using your vape in any indoor public area. Exception: City of Calgary.
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.
The province's health minister asked for a review of tobacco and smoking legislation, with a focus on regulating vaping in October 2019.
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 generally a good idea, to ask for permission before using your vape in any indoor public area. Exception: City of Saskatoon.
The province's health minister said there will likely be vaping legislation introduced in fall 2019.
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 are 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.
The most recent information regarding Bill 30 is with Minister Crothers in December 1st and is as follows:
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 Update:
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
You must be 19 to purchase e-cigarettes and vaping supplies. 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 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 own for some time.
Under the Smoke-Free Ontario Act, 2017, you cannot 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
Law: Smoke-Free Ontario Act
In effect as of: 2017
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.
Quebec
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 anyone 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, cannabis, soft drinks and energy drinks. These changes are added to existing restrictions, such as where you can’t smoke, either tobacco or electronic cigarettes.
Law: Tobacco Control Act
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.
Law update:
Measures that came into effect on May 26, 2016
In addition to existing bans, smoking is prohibited:
In vehicles carrying persons less than 16 years of age
In the public spaces of residential buildings that have 2 to 5 units
On the commercial terraces, including those of restaurants and bars
In outdoor parks for children
On sports fields and playgrounds
On the grounds of summer camps
At all times on the grounds of:
Daycare centres
Educational institutions:
Preschool
Primary school
Secondary school, including adult-education centres and vocational-training centres
Measures that came into effect on November 26, 2016
Adults are prohibited from purchasing tobacco products for minors.
Smoking and Vaping are prohibited within a 9-metre radius:
Of every door and window that opens
Of air intakes connected to an enclosed place where smoking is prohibited
However, if the 9-metre radius anywhere extends beyond the boundaries of the grounds on which the place is situated, the restriction applies up to that limit. For example, the smoking ban does not apply if an establishment’s door or window gives onto a municipal sidewalk.
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.
Law: Tobacco and Electronic Cigarette Sales Act
The tobacco sales act is now called the tobacco and electronic cigarette sales act, and states the following:
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
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 e-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.
While e-cigarettes are being treated like regular cigarettes in retail settings, they will not be taxed as a tobacco product.
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 meters 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 meters of doors and air intakes.
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 generally a good idea, to ask for permission before using your vape in any indoor public area.
Law Update:
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.
As of July 1, 2017 the following are banned under provisions:
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
Currently, there are no provincial or municipal regulations/laws/bills for the 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.
A bill was introduced in the Legislative Assembly on Oct. 7, 2019.
Northwest Territories
Currently, there are no provincial or municipal regulations/laws/bills for the Northwest Territories. 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.
Smoking Control and Reduction Act passed in August 2019, but is not yet in effect.
Nunavut
Currently, there are no provincial or municipal regulations/laws/bills for Nunavut. 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.
Amendments to Tobacco Control and Smoke-Free Places Act were in force Sept. 4, 2018 to ban e-cigarette use wherever smoking is banned.
Starting July 1st, 2024, Manitoba, Ontario, Quebec, Northwest Territories, and Nunavut will levy provincial excise duties on these products, following the federal guidelines. This coincides with a 12% increase in the Federal duty rate outlined in the 2024 Finance budget, effectively increasing & doubling the excise.
Once again, Vaping is about to get more expensive... With the Canadian Governments' introduction of Excise Stamps to Vaping, the cost of all Vaping Products containing e-liquid will be going up.
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