- According to the Electronic Cigarettes Act (2015), an electronic cigarette is considered a vaporizer or inhalant-type device that contains a power source and heating element, designed to heat a substance and produce a vapour intended to be inhaled by the user of the device directly through the mouth, whether or not the vapour contains nicotine.
- Currently in Canada, electronic cigarettes (also known as e-cigarettes, e-cigs, vapes, vaporizers, etc.) are 100% legal to use.
- 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.
- As of January 1st 2016, it is illegal to buy for or sell e-cigarettes and vaping supplies to anyone under the age of 19.
- It is required by law for vape shops to receive proper government approved ID from the customer before selling to them.
- In Ontario, the only restriction set in place is in regards to the sale of e-cigarettes and vaping supplies.
- As a result, there are currently no laws against vaping inside, including bars, restaurants, hotels, and so forth unless otherwise specified by the individual establishment.
- Moving forward, the Ontario government has plans for a more aggressive stance against vaping and e-cigarettes.
- The Smoke Free Ontario Act (2017) is set to come into force in the near future and will put limitations on vaping very similar to those of regular cigarettes.
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Regulations that will be in force when the new legislation comes into effect include:
- No person shall sell or supply vapour products to a person who is less than 19 years old.
- No person shall promote, by any means, vapour products or their sale at any place of entertainment.
- No person shall sell or offer to sell vapour products in the following places: a hospital as defined in the Public Hospitals Act, a psychiatric facility as defined in the Mental Health Act, a long-term care home within the meaning of the Long-Term Care Homes Act, a pharmacy as defined in the Drug and Pharmacies Regulation Act, the campuses of a post-secondary institution, a school within the meaning of the Education Act, a child care centre within the meaning of the Child Care and Early Years Act, a place where home child care is provided within the meaning of the Child Care and Early Years Act whether or not children are present, or a prescribed place or a place that belongs to a prescribed class.
- No person shall use an electronic cigarette in prohibited places including: an enclosed public place, an enclosed workplace, a school within the meaning of the Education Act, any indoor common areas in a condominium, apartment building or university or college residence, including, without being limited to, elevators, hallways, parking garages, party or entertainment rooms, laundry facilities, lobbies and exercise areas, a child care centre within the meaning of the Child Care and Early Years Act, a place where home child care is provided within the meaning of the Child Care and Early Years Act whether or not children are present, a place where an early years program or service is provided within the meaning of the Child Care and Early Years Act, the reserved seating area of a sports arena or entertainment venue, a prescribed place or area, or a place or area that belongs to a prescribed class.
- Every home health-care worker has the right to request a person not to use an electronic cigarette in the home health-care worker’s presence while they are providing health care services.
- No person shall use an electronic cigarette or have an activated electronic cigarette while another person who is less than 16 years old is present in the vehicle.
- Until The Smoke Free Ontario Act (2017) comes into force, electronic cigarettes are 100% legal to use with few restrictions.
- If you are facing criminal offence charges contact Kostman and Pyzer, Barristers for your free consultation today!