Tobacco and Vapour Products Legislation
Effective February 1, 2024, the legal age to purchase tobacco and vapour products in Saskatchewan increased from 18 to 19.
Tobacco use is the leading cause of preventable illness, disability and premature death in Canada. Smoking is a major contributing factor to a number of chronic diseases and deaths. Second-hand smoke (environmental tobacco smoke) can cause serious health concerns for children and all non-smokers in our communities.
As of February 2020, vapour products are subject to the same restrictions as tobacco products. Many vapour products available in Saskatchewan contain nicotine, a highly addictive substance. While considered a less harmful alternative to tobacco, the long-term health effects of vapour products are unknown.
1. Legislation
The Tobacco and Vapour Products Control Act and The Tobacco and Vapour Products Control Regulations reduce youth access to tobacco products and protect Saskatchewan residents from the harms associated with environmental tobacco smoke and vapour.
The Tobacco and Vapour Products Control Act bans smoking and vaping in:
- enclosed public places;
- cars with passengers under the age of 16;
- within 3 metres (10 feet) of doorways, windows and air intakes of public buildings; and
- school grounds.
The Act also restricts the sale and advertising of tobacco and vapour products.
2. Selling Tobacco and Vapour Products
The Tobacco and Vapour Products Control Act states that no person shall sell tobacco, vapour products or any tobacco or vapour-related products in any of the following places or premises:
- a pharmacy; or
- a retail store if:
- a pharmacy is located in the retail store; customers of a pharmacy can enter into the retail store directly or by the use of a corridor or area used exclusively to connect the pharmacy with the retail store; and
- other places.
Pharmacies and stores that contain a pharmacy, such as supermarkets, must not sell tobacco, vapour products, or tobacco and vapour-related products (e.g. cigarette papers, cigarette makers, e-liquids or "juice," etc.).
If a retail establishment that contains a pharmacy chooses to continue to sell tobacco, vapour products, and tobacco or vapour-related products in the existing building, a separate retail area must be constructed in the building so that customers of the pharmacy cannot access the area where the tobacco and vapour products are sold, except by the use of a separate exterior doorway.
The majority of provinces already ban the sale of tobacco in pharmacies, including Alberta, Ontario, Quebec, New Brunswick, Nova Scotia, Prince Edward Island, and Newfoundland and Labrador.
The Ministry of Labour Relations and Workplace Safety responds to issues related to smoking or holding lit tobacco in workplaces that are not accessible to the public. For more information on the Occupational Health and Safety (OHS) regulations, which include provisions respecting smoking in workplaces, please contact the OHS office.
3. Enforcing the Law
Tobacco Enforcement Officers enforce the smoke-free public places and the advertising and promotion provisions of The Tobacco and Vapour Products Control Act, including the ban on selling tobacco and vapour products in pharmacies. The fine for selling tobacco and vapour products in prohibited places, including pharmacies, is $500.
Smoking and vaping in vehicles when people under 16 are present will also result in a monetary fine. A charge of $220 has been established if an offence is to occur. This legislation applies to all classes of vehicles at any time that children and youth are present.
The RCMP and municipal police throughout the province enforce the ban on smoking and vaping in vehicles when children under the age of 16 are present.
4. Smoke-Free and Vapour-Free Public Places
Smoking or holding lighted tobacco and vaping is prohibited in enclosed public places and within three metres of a doorway, window or air-intake of an enclosed public place.
An enclosed public place is all or any part of a building or other enclosed place or conveyance to which the public has access as of right or by express or implied invitation.
Included in this definition are bus shelters, public transit vehicles, the common areas of a multi-unit residential building, private clubs and public buildings that are rented out for private events.
5. Tobacco, Vapour Products and My Business
The Ministry of Health has updated the Toolkit for Responsible Tobacco and Vapour Product Retailers to reflect the change in legislation. This toolkit provides retailers an overview of the federal and provincial laws regarding the sale and advertising of tobacco, and tobacco- and vapour-related products in Saskatchewan for retailers. The document contains highlights of the provincial and federal tobacco legislation, penalties, frequently asked questions from retailers, tips on developing store policies, employee training and tools, monitoring tools and sample exams.
6. Vapour Products
The Tobacco and Vapour Products Control Act regulates the use, sale, display and advertisement of vapour products in Saskatchewan. These legislative measures will help protect Saskatchewan residents from the harms of vaping, and reduce the use of vaping products, most notably among our province's young people. The legislation restricts the sale of vapour products to individuals 19 years or older.
For information on risks of vaping, visit Health Canada - Risks of Vaping.
For any questions or concerns related to the use or sale of vapour products in Saskatchewan, please contact your local Saskatchewan Health Authority public health office.