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 Devices Sales and Access Act and Regulations.
What are the recent changes to the Tobacco and Electronic Smoking Devices Sales and Access Act and Regulations?
(NOTE: The legislation links will not be live to the new legislation until Monday, March 2, 2020.)
- The age to purchase tobacco or an electronic smoking device has changed from 19 to 21 years of age. However there will be a transition period where individuals who turned 19 years of age before March 1, 2020 will still be permitted to purchase tobacco and electronic smoking devices;
- Electronic smoking devices can only be sold in tobacconist shops. This includes the device and any associated products, including e-liquids. A tobacconist shop is an age-restricted location whose primary business is the retail sale of tobacco and/or electronic smoking devices. Primary business means at least 50% of the retailer's product display space is devoted to the sale of tobacco, Electronic smoking devices, or a combination of both;
- Signage found in retail locations has been updated to reflect the new minimum age to purchase tobacco and electronic smoking devices. Signage was provided to all retailers during recent visits to retail locations.
How do I get a licence to sell tobacco products in PEI?
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:
- First offence, to a fine of not less than $250 and not more than $2,000;
- Second offence or subsequent offence, to a fine of not less than $500 and not more than $5,000.
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?
The PEI "Toolkit for Responsible Tobacco and Electronic Smoking Device Retailers" provides a detailed overview of the laws that protect youth from smoking and electronic smoking devices and assists vendors in developing store policies, training staff and monitoring procedures.