The Ontario government has come out with regulations on the selling of vape products in convenience stores (October 18, 2018)
The regulations have banned the display of vape products on the counter and back wall and they must be hidden from view (like tobacco) but will be allowed to promote and communicate the product benefits to adult tobacco customers in each store (as Defined under the Health Canada Regulations- Division 2 of Part IV of the Tobacco and Vaping Products Act (Canada).) .
The Ontario Regulations reads as follows:
(3) A person who sells vapour products or offers vapour products for sale at retail at a place that is not a specialty vape store may promote but not display vapour products, and only as long as the promotion complies with Division 2 of Part IV of the Tobacco and Vaping Products Act (Canada).
(4) A manufacturer, wholesaler or distributor may display and promote vapour products as long as the display or promotion complies with Division 2 of Part IV of the Tobacco and Vaping Products Act (Canada).
To view the updated regulations, please click on this link:
https://www.ontario.ca/laws/regulation/r18439
All retailers must continue to age test all individuals who appear to be under the age of 25.
No vaping products are allowed to be sold to anyone under the age of 19.
Ontario convenience stores are the best at age testing in the province – at a pass rate of 95.7% (as per the Ministry of Health and the Ministry of Attorney General).
The regulatory amendments made to Ontario Regulation 268/18 create the following rules for the display and promotion of vapour products at places where they are sold or offered for sale:
- Specialty vape stores can only display and promote vapour products within the retail establishment, and the retail establishment must comply with several conditions (e.g., no minors allowed entry, establishment must be a building or located inside a building, customers can only enter establishment from the outdoors or the areas of an enclosed shopping mall that are open to the public, and the establishment cannot be a thoroughfare);Retailers that are not specialty vape stores (e.g., convenience stores) cannot display vapour products, and can only promote vapour products, if the promotion complies with federal law; and,
- Wholesalers, distributors and manufacturers can display and promote vapour products, as long as the display or promotion complies with federal law.
In addition, Ontario Regulation 268/18 is amended to:
- Replace references to “medical cannabis” with “cannabis”;
- Update references to relevant federal legislation respecting medical cannabis and vapour products;
- Clarify that rules for the display and promotion of tobacco product accessories do not apply to vapour products manufactured or sold for use with tobacco, but packaged without a tobacco component;
- Exempt the use of an electronic cigarette in a specialty vape store for the purposes of sampling a vapour product, if certain conditions are met;
- Provide an evidentiary rule for proving in a prosecution that a substance is cannabis; and
- Provide certain exemptions from the prohibition on consuming cannabis in a motor vehicle, motorized snow vehicle and boat.
We highly recommend that you read the attached document from the Ministry of Health
