Ottawa Considers New Licensing Requirements for Vape Product Retailers
The City of Ottawa is considering implementing a new licensing requirement for retailers that sell vaping products, according to a recent report. The move aims to provide the city with additional enforcement tools to combat the sale of vapour products to minors and ensure compliance with federal, provincial, and municipal regulations.
The number of specialty vape stores in Ottawa has surged from 19 in 2019 to 71 as of July 2024, with over 300 licensed tobacco vendors also known to sell vapour products. While tobacco vendors must obtain a license from the city, businesses that sell vaping products currently do not require a license.
Licensing Regime to Focus on Public Health, Safety, and Consumer Protection
The report, presented to Ottawa’s emergency preparedness and protective services committee, recommends the implementation of a new license for vapour product retailers to “ensure public health and safety, as well as consumer protection.” The proposed licensing regime will focus on ensuring that retailers comply with all regulations related to the sale, display, and promotion of vapour products.
The creation of a licensing requirement will allow for additional inspections, oversight, and increased accountability for retailers. It will also provide new enforcement tools to address situations of non-compliance.
Non-Compliance Issues and Rising Charges
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 also issued for youth accessing specialty vape stores, which are restricted to persons over the age of 19.
Staff say that enforcement data shows continued non-compliance by retailers, particularly in the area of youth access, and the number of retailers selling vapour products is increasing.
New License Fees and Enforcement
If approved, the new license for vapour product retailers would take effect on November 30, 2024. Retailers selling only vapour products would face a new fee of $930 a year, while those 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 that 90 per cent of Ottawa businesses licensed to sell tobacco are also selling vapour products. The new fee would cover the cost of administration and enforcement work for the new licensing requirements. Ottawa currently has only two Tobacco Enforcement officers to enforce the Smoke Free Ontario Act.
The report also recommends that Council direct the City Clerk to write to Premier Doug Ford and Health Minister Sylvia Jones, recommending changes to the Smoke Free Ontario Act to allow for an automatic prohibition order against retailers who violate the rules for vapour product sales.
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