Ottawa eyes new licensing requirements for businesses that sell vaping products

Ottawa retailers that sell vaping products may soon be required to obtain a license, as the city eyes new enforcement tools to crack down on the sale of vapour products to minors, according to a City of Ottawa report.

The number of specialty vape stores operating in Ottawa has increased from 19 in 2019 to 71 stores as of July 2024, while over 300 licensed tobacco vendors are also known to sell vapour products in the capital.  While tobacco vendors are required to obtain a license from the city, businesses that sell vaping products do not require a license.

A report for Ottawa's emergency preparedness and protective services committee recommends Ottawa implement a new license for retailers that sell vapour products to "ensure public health and safety, as well as consumer protection."

"The recommended licensing regime and regulations will focus on public health and safety and consumer protection by ensuring that vapour product retailers are compliant with all federal, provincial, and municipal regulations related to the sale, display, and promotion of vapour products," staff say.

"The creation of a licensing requirement will allow for additional inspections and oversight and increase accountability for retailers. New enforcement tools will also be available to address situations of non-compliance."

Vapour products include electronic cigarettes and vape pens, and the city says most vapour products contain nicotine. Under the Smoke Free Ontario Act, the sale of tobacco and vapour products to persons under the age of 19 is prohibited.

In the first six months of 2024, the city issued 28 charges to retailers for selling vapour products to minors, compared to 41 charges in the full year of 2023 and 31 in 2022.  Ten charges were issued in the January to June period of 2024 for youth accessing specialty vape stores.

Under the Smoke Free Ontario Act, access to specialty vape stores is restricted to persons over the age of 19.

Staff say the licensing of vapour product retailers will provide the city with "additional enforcement tools" to support enforcement of the Smoke Free Ontario Act for the sale, display and promotion of tobacco and vapour products. The report says enforcement will "help address ongoing issues of regulatory non-compliance for retailers, particularly with respect to the sale of vapour products to minors."

"Enforcement data shows continued non-compliance by retailers, notably in the area of youth access, and the number of retailers selling vapour products is increasing," staff say.

If approved, the new license for vapour product retailers would take effect on November 30, 2024. The new fee for retailers selling only vapour products would be $930 a year, while retailers selling both tobacco and vapour products would have to pay an additional $162 a year for the vapour products license. The current licensing fee for retailers selling tobacco products only is $930.

The city estimates 90 per cent of Ottawa businesses licensed to sell tobacco are also selling vapour products.

Staff say the new fee would cover the cost of administration and enforcement work for the new licensing requirements. Ottawa currently only has two Tobacco Enforcement officers to enforce the Smoke Free Ontario Act.

The report for the emergency preparedness and protective services committee also recommends Council direct the City Clerk to write Premier Doug Ford and Health Minister Sylvia Jones to recommend changes to the Smoke Free Ontario Act to allow for an automatic prohibition order to be issued against retailers if they violate the rules for vapour product sales.