Federal convenience store council ask that vaping products require a liquor licence in Quebec

Flavoured vapes in a New York store on Jan. 2, 2020. This type of product is banned in Quebec. (Mary Altaffer, Associated Press)

The Convenience Industry Council of Canada (CICC) publicly called on the Quebec government to require all sales of vaping products to have a grocery-grade liquor licence.

In doing so, the CICC hopes to combat certain vape shops that are currently circumventing the regulations on the sale of flavours.

Since Oct. 31, the sale of vape flavours has been prohibited by law in Quebec.

"Vapoteries -- of which there are about 400 in Quebec -- have circumvented the regulations by disguising themselves as convenience stores so that they can sell flavours in the form of food flavourings," said the council's vice-president, Michel Gadbois.

According to Gadbois, at least 80 per cent of vape shops do not comply with the regulations, compared with less than five per cent of conventional convenience stores.

Gadbois estimates that, because of these circumventions, "depending on the location, we have lost between two and 50 per cent of the market for vaping products."

By making possession of a liquor licence compulsory, the CICC hopes to force delinquent businesses to change their business model and comply with the law.

To obtain a liquor licence for a grocery shop, at least 51 per cent of the products on display must be food products, with a minimum value of $5,500. The shop must also undergo an initial investigation followed by inspections by the Régie des alcools, des courses et des jeux (RACJ).

The CICC maintains that the idea of going through a liquor licence would make it possible to implement the regulation quickly and without additional costs for the government, by means of a simple regulatory amendment.

Putting the pressure on

Gadbois says that he submitted this proposed regulation to the government six months ago, without any change.

Faced with this lack of action, "we told them: we're going to go public and put the pressure on, because you don't seem to be in any hurry to act," he explained.

According to the CICC investigations, the government is aware of the offenders but prefers to do nothing.

"There's no prosecution, there's no follow-up, so there's no penalty," said Gadbois.

The Ministry of Health did not immediately respond to questions from The Canadian Press.

"As the Ministry of Health, they should be much more serious about this, knowing that this type of illegal product is obviously aimed at young people," says Gadbois.

The council came out in favour of flavoured vaporisers when they were banned. The group had asked the government to keep at least two flavours, menthol and a fruit flavour, on the market.

However, Gadbois maintains that it is "obvious that you shouldn't have things like pineapple, cotton candy and bubble gum" because they are designed to attract young people.

This report by The Canadian Press was first published in French on Aug. 26, 2024.