Is it a Crime to Vape Indoors?

•  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:

1.  No person shall sell or supply vapour products to a person who is less than 19 years old.
2.   No person shall promote, by any means, vapour products or their sale at any place of entertainment.
3. 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.
4. 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.
5.  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.
6. 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!