Information for Vapour Product Retailers

Definition of a vapour product

• A vapour product means any or all of the following:
  • an e-cigarette;
  • an e-substance;
  • a cartridge for or a component of an e-cigarette.

• An e-cigarette means a product or device, whether or not it resembles a cigarette, containing an electronic or battery-powered heating element capable of vaporizing an e-substance for inhalation or release into the air.

• An e-substance means a solid, liquid or gas that, on being heated, produces a vapour for use in an e-cigarette, regardless of whether the solid, liquid or gas contains nicotine.

Requirements for the sale of vapour products in retail stores

Any adult over the age of 18 can purchase a vapour product. Retailers must ensure they sell vapour products only to people over 18 years of age. Only government-issued identification containing the person's photograph, date of birth and signature (e.g. a passport or driver's licence) can be used to confirm a person's age.

If you suspect someone is providing vapour products to minors, please contact your local Saskatchewan Health Authority public health office.

Restrictions on the display and promotion of vapour products in stores

An important objective of the new legislation is to reduce youth vaping rates in the province. As a result, vapour products cannot be advertised or displayed in stores where those under 18 years of age have access.

• If your store allows access to people of all ages, you must make sure vapour products and any promotions of vapour products are not visible to the public. Within your store, you can inform customers that you have vapour products for sale, using signs that list vapour products and their prices. The sign to list tobacco and vapour products must meet the following requirements:

• The maximum size of the sign is 968 square centimetres;
• The sign must be white, except for its text, which must be black;
• The maximum height of a letter in the sign's text is 13 millimetres;
• The text size and style must be consistent in all parts of the sign, and the text must not contain italics, bold type or underlining;
• The sign must not identify or reflect a brand name, logo or visual identity related to any vapour product;
• The text of the sign must not be visible from outside the place or premises;
• The sign must be displayed behind a sales counter at which tobacco, tobacco-related products or vapour products are sold;
• There must be no more than one sign displayed at each sales counter;
• There must be no more than three signs displayed in the place or premises.
• The text of a sign must not contain any words, phrases or figures other than those set out in the form of sign in Appendix A.
  
  
• If your store only allows adults to enter, then you may have vapour products and their promotions out on display. However, you must ensure that people looking into the store from outside cannot see the vapour products or their promotions.

Vapour products advertisements outside of retail stores

Advertisement of vapour products is prohibited on an outdoor sign of any type, including:

• A billboard or portable sign; or
• A sign on a bench, vehicle, building or other structure.

Testing or sampling of vapour products before purchasing

Testing or sampling of vapour products is allowed in adult-only stores, with the following conditions:

• A customer can sample a vapour product in the store if they are sampling products they intend to purchase and consume off-site.
• The proprietor and employees of a retailer of vapour products may sample the products for the purpose of sale, when the store is not open to the public.
• Retailers must take reasonable steps to minimize the drifting of vapour into adjacent areas where the use of vapour products is prohibited.

Sale of vapour products

No personal shall sell vapour products in any of the following places or premises:

• A school or an independent school;
• A facility or place operated by the provincial health authority or an affiliate, as defined in The Provincial Health Authority Act;
• A health facility as defined in The Health Facilities Licensing Act;
• A facility designated as a special-care home pursuant to The Provincial Health Authority Act;
• A facility as defined in The Mental Health Services Act
• A community clinic mentioned in subsection 9‑4(2) of The Provincial Health Authority Act;
• A building, or the portion of a building, owned or occupied by:
  • the Government of Saskatchewan, any ministry as defined in The Executive Government Administration Act or any Crown corporation as defined in The Crown Corporations Act, 1993; or
  • a municipality;
• A video arcade;
• An amusement park;
• A theatre;
• A pharmacy;
• A retail store if:
  • a pharmacy is located in the retail store; or
  • 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.

Signs required for the sale of both tobacco and vapour products

Only the signs supplied or approved by the Ministry of Health can be used. All signs required to be posted under the Act shall be posted in a conspicuous manner and shall not be obstructed from view. You can order the sign from your local Saskatchewan Health Authority public health office.

Enforcement

Saskatchewan Health Authority Tobacco Enforcement Officers are responsible for enforcing The Tobacco and Vapour Products Control Act and The Tobacco and Vapour Products Control Regulations.

Penalties

If a Tobacco Enforcement Officer believes a retailer or their employee has contravened the The Tobacco and Vapour Products Control Act or Regulations, the officer has two main options:

• A ticket can be issued: Tickets vary from $250 to $500 depending on the contravention. Fine amounts for contraventions of The Tobacco and Vapour Products Control Act and Regulations are provided under The Summary Offences Procedure Regulations, 1991.
• Charges may be brought against a retailer: A court hearing allows both the retailer and enforcement officer an opportunity to provide evidence. If a contravention is found, adjudicators can set monetary penalties and/or suspend the sale of vapour products. Monetary penalties range up to $50,000, and prohibition of sale of vapour products range up to one year.

Appendix A - Form of Sign

* insert price wherever "$(x)" occurs.