Vape Retail Crackdown: Age Raised To 21

Summary#

Bill 125 changes Ontario’s Smoke-Free Ontario Act, 2017 to further limit youth access to vaping. It raises the legal age to buy tobacco and vapour products to 21, bans most flavoured vapes, bans all promotion of vapes, and limits where vapes can be sold. It also requires local public health approval for vape stores, allows education funding from vape tax revenue, and orders an annual report on youth vaping. The stated goal appears to be reducing youth vaping.

Key changes:

• Main change: No one may sell or give tobacco, vapour products, or other prescribed products to anyone under 21.
• Promotion: All promotion of vapour products is banned.
• Products: Flavoured vapes are banned except tobacco flavour; vape pods and liquids over 20 mg/mL nicotine are banned; other vape types will have a nicotine cap set by rule.
• Sales channels: Vapes may be sold only in specialty vape stores or in designated stores in remote/rural communities; online sales are banned.
• Store approvals: Local boards of health must approve vape stores and can set local conditions; people under 21 cannot enter specialty vape stores.
• Enforcement: Fines up to $5,000 per day for selling online or operating/selling without required approval.
• Funding and oversight: The Minister may direct vape tax revenue to public education on vaping risks (if funds are appropriated). Ontario Health must file a yearly report on youth vaping.
• Definitions: “Vapour product” is broadened to include devices, parts, substances used with them, and packaging.

Timing: The bill starts 120 days after Royal Assent.

What it means for you#

• Youth and young adults (under 21)

  • You cannot buy tobacco, vapour products, or other listed products.
  • You cannot enter a specialty vape store if you are under 21.
  • If you appear under 25, you must show valid ID proving you are at least 21 to enter a specialty vape store.

• Adults 21 and over who vape

  • You will not be able to buy flavoured vapes other than tobacco flavour.
  • High‑nicotine pods/liquids over 20 mg/mL will not be available; other vape types will have a cap set later.
  • You will only be able to buy vapes in specialty vape stores or certain approved stores in remote/rural communities.
  • You will not be able to buy vapes online for delivery.

• Vape retailers (specialty vape stores)

  • You must get approval from your local board of health to operate.
  • Your store must derive at least 85% of sales from vapour products; the rest must be related items.
  • You must bar entry to anyone under 21 and check ID for anyone who appears under 25.
  • Local boards of health can set extra conditions and can revoke approval for breaches.
  • Product offerings will be limited to tobacco‑flavoured items and nicotine within set limits.
  • Sampling may be allowed only if a regulation permits it, and then only two people at a time.

• Convenience stores, gas stations, supermarkets, pharmacies

  • You will not be allowed to sell vapour products unless you are an approved designated store in a remote or rural community.

• Online sellers and delivery platforms

  • You will be prohibited from selling or offering to sell vapour products online.

• Remote and rural community retailers

  • Some designated stores may sell vapes with board of health approval. The bill does not define “remote or rural community” in detail here.

• Public health units (boards of health) and Ontario Health

  • Boards of health will review vape store applications, set and publish local requirements, inspect stores (if provided by regulation), and enforce conditions.
  • Ontario Health must prepare an annual report to the Minister on youth vaping with information and recommendations.

• Manufacturers and distributors

  • Marketing and promotion of vapour products will be banned in any form in Ontario.
  • Product lines must comply with flavour and nicotine limits and the broadened definition of “vapour product.”

• What is unclear

  • The bill refers to a 12‑month transition for existing specialty vape stores, but it cites “2023” in that clause. This appears inconsistent with the 2026 bill title.
  • The nicotine cap for non‑pod/non‑liquid products will be set later by rule.
  • The exact criteria for “designated stores” and what counts as “remote or rural” are not detailed here.

Expenses#

The bill may increase administrative and enforcement costs; no estimate is available.

• Government

  • Boards of health may face new costs to process approvals, set local requirements, inspect stores, and enforce conditions.
  • Enforcement of the online sales ban and promotion ban could add costs.
  • Ontario Health will need resources to produce an annual report.
  • The Minister may direct vape tax revenue to public education on vaping risks, but only if funds are appropriated by the Legislature.

• Businesses

  • Specialty vape stores may face costs to apply for approval, comply with local conditions, check IDs, and adjust product mix.
  • Non‑specialty retailers (e.g., convenience stores) could lose revenue if they can no longer sell vapes.
  • Online vendors will lose Ontario vape sales.
  • Compliance changes (e.g., packaging/stock adjustments due to flavour and nicotine limits) may add costs.

No publicly available information.

Proponents' View#

• The bill appears intended to reduce youth vaping by:
  • Raising the legal sales age to 21 and barring under‑21s from vape shops.
  • Banning flavours (except tobacco) that may appeal to youth.
  • Capping nicotine levels to reduce exposure to high‑nicotine products.
  • Banning all promotion and sharply limiting where vapes can be sold.
• Concentrating sales in specialty stores with local public health approval could improve oversight and reduce youth access.
• Annual reporting by Ontario Health could inform future policy and track progress.
• Allowing vape tax revenue to fund public education could increase awareness of health risks.

Opponents' View#

• One concern is reduced legal access for adults who vape, especially in areas without nearby specialty stores and with no online sales option.
• Banning nearly all flavours and limiting nicotine may lead some users to seek products from informal or illegal markets; the bill does not explain how this risk will be addressed.
• Small retailers (e.g., convenience stores) would lose vape sales, and specialty vape stores face new approval processes and compliance burdens that could be costly or uneven across regions.
• The bill gives boards of health broad discretion to set local requirements and conditions; this may create inconsistency and uncertainty for businesses.
• It is unclear how “remote or rural” will be defined and how designated stores will be chosen, which may affect access in smaller communities.
• A drafting issue appears in the transition clause citing “2023,” creating uncertainty about the intended 12‑month transition for existing stores.