Comprehensive Overview of Vaping Laws in All 13 Canadian Provinces

Introduction: The Two-Tiered Regulatory System

In Canada, vaping regulation is a shared responsibility. The federal government sets baseline rules, while provinces and territories can enact stricter regulations.

• Federal Law – The Foundation: The Tobacco and Vaping Products Act (TVPA) governs the manufacture, sale, labelling, and promotion of vaping products nationally.
  • Official Source: Tobacco and Vaping Products Act (S.C. 1994, c. 10)
• Key Federal Rules:
  • Prohibits sale to minors (federal minimum age is 18).
  • Restricts advertising that targets youth.
  • Mandates health warnings on packaging.
  • Prohibits certain flavours (e.g., confectionery) in vaping products that are appealing to youth.

The following sections detail the specific, and often more restrictive, laws enacted by each province and territory.

Provinces

1. Alberta

Alberta has some of the least restrictive vaping laws in Canada, relying heavily on federal standards.

• Usage Restrictions: No comprehensive provincial ban on use in enclosed public places or workplaces. Some municipalities have their own bylaws.
• Minimum Age: 18.
• Flavour Restrictions: No provincial ban.
• Retail Environment: No provincial restrictions on display or promotion.
• Governing Legislation: The Tobacco and Smoking Reduction Act primarily addresses tobacco, with limited vaping-specific provisions.
• Official Source: Tobacco and Smoking Reduction Act (See Section 1(u) for “tobacco-like product” definition).

2. British Columbia

• Usage Restrictions: Prohibited in indoor public spaces, workplaces, and within 6 meters of doorways, windows, and air intakes. Also banned on school properties and in parks and playgrounds where children are present.
• Minimum Age: 19.
• Flavour Restrictions: Banned. The sale of any vaping flavour other than tobacco is prohibited.
• Retail Environment:
• Governing Legislation: Tobacco and Vapour Products Control Act and Cannabis Control and Licensing Act.

3. Manitoba

• Usage Restrictions: Prohibited in indoor public places and enclosed workplaces.
• Minimum Age: 18.
• Flavour Restrictions: No provincial ban.
• Retail Environment: Prohibited in any place where minors are permitted. Power-wall displays are banned; products must be kept out of sight.
• Governing Legislation: The Non-Smokers Health Protection and Vapour Products Act.

4. New Brunswick

• Usage Restrictions: Prohibited in all enclosed public places and workplaces, including restaurants and bars.
• Minimum Age: 19.
• Flavour Restrictions: No provincial ban.
• Retail Environment: Power-wall displays are banned; products must be kept behind the counter or under the counter.
• Governing Legislation: Smoke-free Places Act.

5. Newfoundland and Labrador

• Usage Restrictions: Prohibited in all enclosed public places and workplaces. Also banned on school property, outdoor sporting areas, and restaurant/bar patios.
• Minimum Age: 19.
• Flavour Restrictions: Banned. The sale of any vaping flavour other than tobacco is prohibited.
• Retail Environment: Products must be stored out of sight and not accessible by customers without employee assistance.
• Governing Legislation: Smoke-free Environment Act, 2005 and Tobacco and Vaping Products Control Act.
• Official Sources:
  • Smoke-free Environment Act, 2005
  • Tobacco and Vaping Products Control Act

6. Nova Scotia

• Usage Restrictions: Prohibited in all enclosed public places and workplaces, and in vehicles with persons under 19 present. One of the strictest use laws in Canada.
• Minimum Age: 19.
• Flavour Restrictions: Banned. The sale of any vaping flavour other than tobacco is prohibited.
• Retail Environment: Power-wall displays are banned; products must be kept out of sight.
• Governing Legislation: Smoke-free Places Act and Tobacco Access Act.
• Official Sources:
  • Smoke-free Places Act
  • Tobacco Access Act

7. Ontario

• Usage Restrictions: Prohibited in enclosed public places and workplaces, and on restaurant/bar patios. Also banned on school properties, children’s playgrounds, and public sports fields.
• Minimum Age: 19.
• Flavour Restrictions: No provincial ban.
• Retail Environment: Power-wall displays are banned in places where youth are allowed. Specialized vape shops are exempt.
• Governing Legislation: Smoke-Free Ontario Act, 2017.
• Official Source: Smoke-Free Ontario Act, 2017

8. Prince Edward Island

• Usage Restrictions: Prohibited in all enclosed public places and workplaces, and in vehicles with persons under 19 present.
• Minimum Age: 19.
• Flavour Restrictions: Banned. The sale of any vaping flavour other than tobacco is prohibited.
• Retail Environment: Power-wall displays are banned; products must be kept out of sight.
• Governing Legislation: Tobacco and Electronic Smoking Device Sales and Use Act.

9. Quebec

• Usage Restrictions: Prohibited in most enclosed public places and workplaces, and on bar/restaurant terraces.
• Minimum Age: 18.
• Flavour Restrictions: No provincial ban.
• Retail Environment: Power-wall displays are banned; products must be kept out of customer view.
• Governing Legislation: Tobacco Control Act.
• Official Source: Tobacco Control Act

10. Saskatchewan

• Usage Restrictions: Prohibited in indoor public places.
• Minimum Age: 18.
• Flavour Restrictions: No provincial ban.
• Retail Environment: No provincial restrictions on displays.
• Governing Legislation: The Tobacco and Vapour Products Control Act.

Territories

11. Northwest Territories

• Usage Restrictions: Prohibited in all enclosed public places and workplaces.
• Minimum Age: 19.
• Flavour Restrictions: No territorial ban.
• Retail Environment: Power-wall displays are banned; products must be kept out of sight.
• Governing Legislation: Tobacco and Vaping Products Act.

12. Nunavut

• Usage Restrictions: Prohibited in all enclosed public places and workplaces.
• Minimum Age: 19.
• Flavour Restrictions: No territorial ban.
• Retail Environment: No territorial restrictions on displays.
• Governing Legislation: Tobacco and Vaping Products Act.

13. Yukon

• Usage Restrictions: Prohibited in all enclosed public places and workplaces.
• Minimum Age: 19.
• Flavour Restrictions: No territorial ban.
• Retail Environment: Power-wall displays are banned; products must be kept out of sight.
• Governing Legislation: Smoke-free Places and Vaping Products Control Act.

Summary Table

Important Note: This overview is current as of October 2024. Vaping laws are rapidly evolving. Many municipalities also have their own stricter bylaws regarding use in public areas. Always consult the most recent versions of the official legislation for legal advice or confirmation.