Summary#
Bill 103, the Smoke-Free Ontario Amendment Act (Vaping is not for Kids), 2023, would amend Ontario’s Smoke-Free Ontario Act, 2017; it would not create a separate law. Its stated goal is to reduce youth vaping. If enacted, it would start 120 days after Royal Assent.
- It would raise the Act’s age limit from 19 to 21 for selling or supplying tobacco products, vapour products, and prescribed products or substances.
- It would ban promoting vapour products and prohibit retail sales of most flavoured vapour products and products above specified nicotine limits. Tobacco flavours would be excepted from the flavour restriction.
- It would limit retail vapour sales to approved specialty vape stores and designated stores in remote or rural communities, ban online sales, and allow boards of health to set conditions and revoke approvals.
- A specialty vape store would generally need at least 85% of its sales—or, for a newer store, its sales or inventory purchases—to be vapour products. Its remaining sales or purchases must be related to vapour products or carry store or vapour-product branding.
- Ontario Health would have to report annually to the Minister on youth vaping, with information and recommendations that may help develop policies to reduce it.
What it means for you#
- People under 21: A person could not be sold or supplied the covered products. People under 21 could not enter specialty vape stores. Someone who appears under 25 would need acceptable ID showing they are at least 21 to enter one.
- Vapour-product retailers: Retail sales would be limited to approved specialty vape stores and designated stores in remote or rural communities. The bill would prohibit online sales. Boards of health would consider public-health effects, proximity to schools and other listed places, and any prescribed factors; they could impose conditions or revoke approvals. Existing specialty vape stores would have 12 months before the approval requirement applies.
- Other businesses and the public: The bill would ban promoting vapour products. It would not itself set new tax rates or create a public education program.
- Vapour shops: Sampling may be allowed in specialty vape stores only if regulations permit it, and no more than two people could sample at once.
Money#
No cost estimate is provided in the available material.
- Boards of health would handle approvals and could set requirements and conditions. The bill does not state the cost or staffing needed.
- The Minister may direct tax revenue from sales at the permitted stores to public education about vaping risks, but only if the Legislature has appropriated money for that purpose. The bill does not require such a direction or appropriation.
- The bill sets a maximum fine of $5,000 for each day or part-day of certain offences, including online sales and operating or selling without the required approval. It also makes selling outside permitted locations an offence; the fine amount for that offence is not shown in the supplied text.
What is unclear#
- “Designated store in a remote or rural community” is not defined in the supplied text. The bill also leaves some requirements to future regulations and local board rules.
- The bill allows boards of health to set store requirements that are not subject to Part III of the Legislation Act, 2006. It does not explain how those local requirements would be made consistent across Ontario.
- The bill allows regulations to set approval, inspection, and review procedures, but does not itself set timelines, decision rules, or an appeal process.
- The supplied material does not include the full current Smoke-Free Ontario Act, 2017. Its explanatory note says prescribed flavoured-product sales are already restricted and refers to the current age limit as 19; the full baseline rules and how the amendments interact with them could not be verified.
- No publicly available information on expected costs, the amount of tax revenue involved, or the evidence behind the proposed restrictions is included in the supplied material.
Case for#
- The bill appears intended to reduce young people’s access to vaping products by raising the age limit and keeping people under 21 out of specialty vape stores.
- Restricting sales to approved stores could give boards of health a way to consider local public-health effects and nearby schools or other listed places.
- Banning promotion and most flavoured products could limit ways vapour products are presented to the public.
- Annual reporting would require Ontario Health to provide information and recommendations for the Minister’s youth-vaping policies.
Case against#
- The bill gives boards of health a substantial role in setting store requirements and approval conditions, but leaves important procedures and some criteria to future rules.
- Restricting where vapour products can be sold and banning online sales could limit access for adults as well as young people; the bill does not explain how designated stores would ensure access in remote or rural communities.
- The bill requires annual reporting and creates new approval and enforcement duties, but provides no cost estimate or funding plan in the supplied material.
- The bill does not explain how the broad ban on promotion would apply in practice, or what evidence supports the specific flavour and nicotine limits.