Selling Tobacco and Electronic Smoking Devices
A retail vendor’s licence is required to sell tobacco products in PEI. A licence is not required to sell only electronic smoking devices and/or accessories. If you sell tobacco products or electronic smoking devices and accessories in PEI your retail outlet will be inspected regularly for compliance with provincial smoking legislation such as the Smoke-Free Places Act and Regulations and Tobacco and Electronic Smoking Device Sales and Access Act and Regulations.
How do I get a licence to sell tobacco products in PEI?
A licence to sell tobacco products in PEI is authorized under the Tobacco Tax Act. For more information about licensing and taxation, go to Tobacco Tax - Licenses, Returns, and Refunds.
What are some of the smoking legislation requirements?
Because tobacco use by youth and young adults has immediate negative health consequences and can lead to addiction and other harmful consequences, smoking legislation restricts youth access to tobacco and electronic smoking devices.
- It is against the law to sell or supply any tobacco products or electronic smoking devices to anyone under the age of 19 years. (Tobacco used for traditional Aboriginal spiritual or cultural practices or ceremonies is excluded.)
- Effective May 1, 2017, the sale of flavoured tobacco is banned in PEI.
- The sale of tobacco is prohibited in a designated place such as a school, hospital or care facility, pharmacy, recreational facility or health-related activity area, or an entertainment facility such as a movie theatre, video arcade or amusement park.
- You cannot display tobacco products or electronic devices in a way that is visible from outside the premises or a consumer can view before purchasing. (A tobacconist shop that restricts access to persons under age 19 is excluded.)
- You cannot advertise or promote or permit the advertisement and promotion of the sale and use of tobacco. (Exemptions: A sign listing the types of products for sale or a publication containing advertisements that are only visible to a consumer who is reading the publication.)
- You must display approved signage to notify customers that tobacco or electronic smoking devices will not be sold or given to persons under age 19 and that photo ID may be required.
- You cannot permit smoking, vaping or product sampling in your retail establishment as it is a public place and workplace.
What if I fail to comply with smoking regulations?
If you or your employee contravenes the provisions of the Act or regulations you are guilty of an offence and liable on summary conviction to fines as follows:
- First offence, not less than $250 and not exceeding $2,000;
- Second offence, not less than $500 and not exceeding $5,000;
- Third or subsequent offence, not exceeding $10,000.
A tobacco licence may be suspended or cancelled under the Tobacco Tax Act.
Please note: The provincial health department conducts compliance checks on a regular basis using an underage test shopper to ensure retailers are not selling products illegally.
Where can I get more information smoking laws?
The Health Canada Toolkit for Responsible Tobacco Retailers provides a detailed overview of the laws that protect youth from smoking and assists vendors in developing store policies, training staff and monitoring procedures.