Regulation - LGIC

Smoke-Free Ontario Act, 2017; Ontario Regulation 268/18

Regulation Number(s):
Regulation 268/18
Bill or Act:
Smoke-Free Ontario Act, 2017
Summary of Proposal:
1. Restrict the sale of flavoured vapour products to Specialty Vape Stores and Cannabis Retail Stores, except for unflavoured, menthol, mint and tobacco flavoured products.

Under this proposal, retailers other than Specialty Vape Stores and Cannabis Retail Stores (e.g., tobacconists, convenience stores, gas stations, and grocery stores) would not be permitted to sell flavoured vapour products, except for unflavoured, menthol, mint and tobacco flavoured vapour products.

Only Specialty Vape Stores and Cannabis Retail Stores, which do not permit anyone under age 19 to enter, would be able to sell flavoured vapour products at retail.

NOTE: Cannabis Retail Stores are not permitted to sell vapour products unless they are cannabis products or cannabis accessories (i.e., cannabis vapour products).

The ministry is proposing that this proposal, if approved, come into force on May 1, 2020.

2. Require Specialty Vape Stores to ensure that vapour product displays and promotions are not visible from outside their stores.

Currently, Specialty Vape Stores can display and promote vapour products, as long as the display or promotion occurs inside the store. There is no restriction on the indoor display or promotion being visible from outside the store.

Under the proposal, Specialty Vape Stores would no longer be permitted to have indoor displays and promotions that are visible from outside their stores.

The ministry is proposing that this proposal, if approved, come into force on May 1, 2020.

3. Restrict the sale of vapour products with high nicotine concentrations (>20 mg/ml) to Specialty Vape Stores.

Under this proposal, only Specialty Vape Stores would be permitted to sell retail vapour products with nicotine concentrations greater than 20 mg/ml.

The ministry is proposing that this proposal, if approved, come into force on July 1, 2020 to align with the new Vaping Products Labelling and Packaging Regulations made under the Tobacco and Vaping Products Act (Canada) and Consumer Product Safety Act (Canada) that will require nicotine concentrations to be labelled on vapour products as of July 1, 2020.

4. Exempt Cannabis Retail Stores from ban on displaying vapour products.

Currently, Cannabis Retail Stores are subject to the prohibition on displaying vapour products.

Under this proposal, Cannabis Retail Stores, would be permitted to display vapour products. This proposal would align rules for displaying vapour products with Specialty Vape Stores. Like Specialty Vape Stores, Cannabis Retail Stores do not permit entry to persons under age 19.

NOTE: Cannabis Retail Stores are not permitted to sell vapour products unless they are cannabis products or cannabis accessories (i.e., cannabis vapour products).

The ministry is proposing that this proposal, if approved, come into force on May 1, 2020.

Analysis of Regulatory Impact:
There are no new administrative costs associated with these proposed regulatory amendments.
Further Information:
Proposal Number:
20-HLTC007
Posting Date:
February 28, 2020
Comments Due Date:
March 29, 2020
Contact Address:
Dianne Alexander, Director
Health Promotion and Prevention Policy and Programs Branch
Ministry of Health
393 University Avenue, Suite 1802
Toronto, ON M7A 2S1