Selling Tobacco and Electronic Smoking Devices (Vaping Products)
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 the Tobacco and Electronic Smoking Device Sales and Access Act and Regulations.
Information for Retailers
The Province of PEI provides a tobacco education program to all tobacco retailers and tobacconist shops called the Toolkit for Responsible Tobacco and Electronic Smoking Device Retailers. It is highly recommended that all retailers and their employees complete a tobacco training program and review the materials on an annual basis.
Resources
Tobacco Vendor License Application for new businesses
Retailer Tobacco Toolkit and Quizzes, and Monitoring Forms
ID to Age 30 Posters
Tobacco Enforcement Officers
Tobacco Enforcement Officers (TEOs) are responsible for the enforcement of the Tobacco and Electronic Smoking Device Sales and Access Act in PEI. Inspections are conducted at all retailers that sell tobacco and electronic smoking devices to make sure they are compliant with the legislation.
TEOs provide education and training materials and signage to businesses to help them meet legislative requirements. A collaborative partnership exists with other enforcement agencies to coordinate enforcement activities and address public complaints around tobacco and vaping issues.
Compliance checks are conducted throughout the year to ensure retailers are checking the ID of customers under the age of 21.
Retailer Penalties
Any retailer or person found to be in violation of the Tobacco and Electronic Smoking Device Sales and Access Act or the Regulations is guilty of an offence and liable on summary conviction.
Fines can be issued for:
- Sale or supply to person under 21
- Purchase of a tobacco or electronic smoking device product for a person under 21
- Sale of tobacco/electronic smoking device with flavouring agent
- Sale of electronic smoking device outside of a tobacconist shop
- Advertising or promotion of tobacco or electronic smoking device
- False, deceptive or misleading advertising of tobacco/electronic smoking devices
Fine Amounts
Individual Fines:
- First offence - $1,000
- Second offence - $2,500
- Third and subsequent offence - $5,000
Business Fines:
- First offence - $5,000
- Second offence - $10,000
- Third and subsequent offence - $25,000
A retailer’s license may also be suspended or cancelled pursuant to Section 8 of the Tobacco Tax Act if found guilty of an offence related to tobacco in any Act or Regulations of the Legislative Assembly of PEI.
Frequently Asked Questions
How do I get a license to sell tobacco products in PEI?
A license to sell tobacco products in PEI is authorized under the Tobacco Tax Act. For more information about licensing and taxation, go to Tobacco Manufacturer and Vendor Licensing.
What if I fail to comply with the Tobacco and Electronic Smoking Device Sales and Access Act and 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:
Individual Fines:
- First offence - $1,000
- Second offence - $2,500
- Third and subsequent offence - $5,000
Business Fines:
- First offence - $5,000
- Second offence - $10,000
- Third and subsequent offence - $25,000
A tobacco license may be suspended or cancelled under the Tobacco Tax Act.
Environmental Health conducts compliance checks on a regular basis using an underage test shopper to ensure retailers are not selling to customers under the age of 21 and are asking customers under the age of 30 for proof of age to purchase tobacco and/or electronic smoking devices.
If I am a Tobacconist, can I sell both tobacco and electronic smoking devices or do I have to choose?
Yes, you can sell both tobacco and electronic smoking devices if you meet the operational requirements of a tobacconist shop. You must be licensed by the Department of Finance in order to sell tobacco products.
Does an employee have to be 21 years of age to sell tobacco or electronic smoking devices?
Only employees in tobacconist shops must be 21 years of age or older because entry into a tobacconist shop is restricted to people who are 21 years of age or older. Employees in any other retail location do not have to be 21 years of age to sell tobacco products.
How should I be directing my employees to verify a customer’s age?
You must verify that ALL customers are at least 21 years of age before selling tobacco or an electronic smoking device. Any customer who appears under the age of 30 should be asked to provide ID to show proof of age that they are over the legal age of 21.
Is there a training program available to help tobacco and electronic smoking device retailers and employees understand the rules around selling these products?
Yes, our Toolkit for Responsible Tobacco and Electronic Smoking Device Retailers was recently updated and covers the changes to the Act and Regulations. You can use the toolkit to train and quiz your staff to ensure they fully understand the rules and sell these products responsibly.
More Information
Please contact Environmental Health to speak with a TEO if you need training materials, signage or wish to report a violation.