Since the introduction of Bill 45 in Ontario in late 2014, the CVA has continuously advocated on behalf of our members for changes to the E-Cigarette Act and proposed regulations. Through our meetings, committee presentations and submissions, we have attempted to sway the opinion of the policy makers. In late 2015, regulations banning the use of e-cigarettes indoors were announced, these restrictions were tabled and sent back for further consultation. The Government has advised CVA that it may move on proclamation for its legislation and amendments to its Regulations by this Fall. We have been advised to continue discussions on the inclusion of a 2-year review similar to Manitoba.
That being said, as of January 1, 2016, in Ontario it is illegal to:
- sell or supply electronic cigarettes (e-cigarettes) and component parts (e.g. battery, atomizer, liquid) to anyone under 19 years of age
- use e-cigarettes (vape) in non-smoking areas.
For all businesses in Ontario, the use of e-cigarettes indoors now falls within the scope of the Smoke Free Ontario regulations. This means that use of an e-cigarette is restricted in exactly the same way as tobacco cigarettes. For example, it will be illegal to use an e-cigarette in the following places:
- Restaurant or bar outdoor patio
- Child care facilities
- Motor vehicles with children inside
- Enclosed workplaces*
- Smoking Shelters that have more than 2 walls and a roof.
- Areas where home health care workers work
- Hospitals (public, private and psychiatric), including within a 9 metre radius of any entrance or exit of a hospital.
- Common areas of hotels, motels and inns
- Common areas of condos, apartment buildings or college and university residences.
- Residential care facilities
- Schools (public and private school property)
- Children’s playgrounds and publicly owned sports fields
*Please note, that the minimum clearance of 9m from an entrance or exit is only applicable to hospitals. Technically, it will remain legal to use an e-cigarette immediately outside of an entrance or exit of a retail establishment.
As a part of the new regulations, specific signage will be required to be displayed to inform customers and employees of the law. These signs will be available from your local public health unit. Please contact them to obtain the required signs prior to January 1st, 2016:
Three signs will be required to be posted:
- Age Restriction sign (i.e. sales to 19+ only)
- Identification required (i.e. ID required for anyone that looks younger than 25)
- Use Restriction sign (i.e. no vaping indoors)
As previously stated, new rules regulating where e-cigarettes will be allowed to be used are expected by the end of 2016. The CVA continues to work with our professional GR team to advocate for fair and reasonable regulations and will keep you up-to-date on these efforts as further progress is made.
Update November 2016
Members in Ontario and across Canada for that matter have watched in consternation at the manner in which Ontario has managed the process for its Legislation on e-Cigarettes.
At present, the file rests with the Minister of Health and Long Term Care, Dr. Eric Hoskins and CVA is working closely with his office. At the same time, amendments to the regulations have been considered and while certain regulations from Bill 45 have been enacted – specifically the ban on selling e-cigarettes to minors – other amendments are still under review and have not been announced.
We have been advised by our contacts in the Minister’s Office that the government of Ontario has chosen NOT to proceed on any further amendments to the Regulations until the federal government has completed its stakeholder consultations on its regulations. This means that Ontario will be status quo until such time. For more information please contact Jack Weinberg, Chair of the GR Committee.
In the meantime the federal Minister of Health has advised CVA that it (CVA) will be a party to the consultations on federal Regulation for the industry and we have given notice to the Minister that we will participate.
CVA is committed to ensuring the viability of the industry and we will keep members apprised as more information becomes available.