Since it was adopted on November 26, 2015, the Tobacco Control Act changes the Tobacco Act. The Tobacco Control Act considers vape products to be the same as tobacco products. Electronic cigarettes and other such devices, with or without nicotine, including their components and accessories, are now subject to the same rules as tobacco products.
This Act aims to:
- Protect young people and prevent them from taking up tobacco and vape products;
- Protect the public from the dangers of second-hand smoke
- Encourage quitting smoking
Hereinafter, “the Act” refers to the Tobacco Control Act.
Main amendments to the Act
Several measures have been established:
- Measure concerning vape products
- Measures concerning the population
- Measures concerning apartment buildings
- Measure concerning health and social services institutions and post-secondary institutions
- Measures concerning tobacco and vape product stores and retailers
- Measures concerning manufacturers and distributors of tobacco and vape products
- Measures concerning cigar rooms
Measure concerning vape products
Vape products and all other similar devices, including their components and accessories, are subject to the same regulations as tobacco products.
This measure implies that:
- The sale of these products is strictly regulated
- Vaping is forbidden in all places where smoking is prohibited.
Since October 31, 2023, a new regulation to provide better guidance for vape products has come into effect.
It is forbidden to sell a vape product:
- with a flavour or aroma other than that of tobacco (selling a product with no flavour or aroma remains permitted);
- with a nicotine concentration exceeding 20 mg/ml;
- with a vaping liquid tank and capsule capacity over 2 ml;
- with a refill container (bottle) capacity over 30 ml;
- in the form of a toy, a piece of jewelry, a food, an animal or a real or fictional person, or any other form, appearance or function that might be attractive to minors.
Moreover, information must be found on the vape product and its packaging, in particular, the concentration of nicotine, the volume of liquid it contains and a statement indicating that is has a flavour or aroma of tobacco or that it has no flavour or aroma.
Measures concerning the population
It is prohibited:
- for minors, to purchase tobacco or a vape product;
- for adults, to purchase tobacco or a vape product for minors;
- to provide (give or sell) tobacco or a vape product to minors inside or on the grounds of an educational institution.
Someone who smokes or vapes in a prohibited place can receive a fine between $250 and $1,500.
Main public locations where smoking and vaping is prohibited
Smoking or vaping in public places is prohibited, particularly in:
- The facilities maintained by a health and social services institution (more restrictive measures may apply depending on the policy in effect in the institution)
- Tourist accommodation establishments (more restrictive measures may apply depending on the policy in effect in the institution)
- The rooms or buildings of educational institutions
- On the grounds of an educational institutions (preschool, primary school, secondary school, adult-education centres and vocational-training centres)
- The facilities and grounds of a daycare centre
- In outdoor parks for children (ex., splash pads, wading pools)
- On sports fields and playgrounds, including spectator areas, which are frequented by minors (ex., skating rinks, outdoor pools)
- In restaurants and bars, and on the terraces and other areas served by them
- Bingo halls
- Workplaces
- Public means of transportation
- In vehicles carrying persons less than 16 years of age
- Bus shelters
Moreover, for the locations described above, smoking and vaping are prohibited within a 9-metre radius:
- Of every door and window that opens
- Of air intakes connected to an enclosed place where smoking is prohibited
However, if the 9-metre radius anywhere extends beyond the boundaries of the grounds on which the place is situated, the restriction applies up to that limit. For example, the smoking ban does not apply if an establishment’s door or window gives onto a municipal sidewalk.
Measures concerning apartment buildings
Smoking and vaping are prohibited in the public spaces of residential buildings that have 2 or more units. (whether these buildings are co-owned or not). More restrictive measures may apply depending on the building’s policy.
However, it is possible to install a smoking shelter (section 3.1) on the grounds of a residential building or install an indoor smoking room (section 3) under certain conditions.
Measure concerning health and social services institutions and post-secondary institutions
Since November 26, 2017, health and social services institutions and post-secondary institutions have been required to adopt a policy to establish a smoke-free environment.
Measures concerning tobacco and vape product stores and retailers
In recent years, the Act was strengthened by the adoption of legislative measures affecting particularly tobacco product stores and retailers, including tobacconists and specialized retail outlets for electronic cigarettes. Some of these measures are as follows:
Sales of tobacco and vape products
Retail sales of tobacco or vape products are restricted to inside a sales outlet that is permanently enclosed by continuous floor-to-ceiling partitions or walls, and can only be accessed by clients through an opening equipped with a door.
It is prohibited to:
- install, maintain or leave a vending machine that sells tobacco or vape products;
- offer tobacco, vape products or associated accessories for rent;
- for an operator of a retail outlet to sell tobacco or vape products with aromas and flavours other than those of tobacco.
Product displays
For all businesses, with the exception of cigar rooms and specialty tobacco and electronic cigarette retail outlets that respect specific conditions, it is prohibited to display tobacco, tobacco packages or certain tobacco product accessories, such as pipes or rolling paper, as well as vape products or their components and accessories.
It is prohibited for operators of tobacco retail outlets or specialized retail outlets for electronic cigarettes to admit minors or allow their presence in the retail outlet if they want to maintain their right to display the products there.
Operators of specialized retail outlets for electronic cigarettes can display their products and packaging if they respect the following conditions:
- they only sell vape products or other devices of that nature, including their components and accessories;
- they display these products and their packaging in such a way that they can only be seen from inside the retail outlet;
- no activity other than the sales of these products takes place there;
- they have sent prior notice to the Minister to that effect.
In accordance with section 20.3.2 of the Act, operators of a specialized retail outlet for electronic cigarettes who want to display their products in their retail outlet must send a written notice to the Minister 
(in French only) indicating the name and address of the retail outlet. This notice must be sent to the Minister of Health and Social Services within 30 days following:
- the start of operations of such a specialized retail outlet for electronic cigarettes;
- the change of name or address of the retail outlet;
- the retail outlet’s termination of activities.
Measures concerning vape and tobacco product manufacturers and distributors
It is prohibited to:
- offer for sale or distribute tobacco products or vape products with a flavour or aroma other than tobacco;
- offer retailers rebates, gratuities or any other form of benefit related to the sale of tobacco or vape products;
- that any display area of the tobacco or vape product packaging that has a warning can be removed from the packaging;
- that the volume inside the packets is filled by something other than the products themselves.
The warning affixed to the packages of cigarettes and small cigars available on the Québec market must have a minimum surface area of 4,648 mm2.
Measures concerning cigar rooms
Cigar rooms recognized by the Ministère de la Santé et des Services sociaux respect the conditions stated in section 8.1 of the Act. Customers who frequent these establishments can smoke a cigar or pipe tobacco there. However, smoking cigarettes in these places is still prohibited.
According to section 8.2, the Act also states that operators of cigar rooms cannot:
- allow meals to be consumed by customers there;
- admit a minor or allow the presence of a minor in the cigar room.
In addition, the operator must post the certification notice issued by the Minister in the cigar room in a place accessible to all so that it is visible at all times. This way customers can easily determine that they are in a location where smoking cigars or pipes is permitted by law.
Cigar and pipe tobacco (including shisha) rooms recognized by the Ministère de la Santé et des Services sociaux where smoking is permitted
| Institution's name | Address | City |
|---|---|---|
| Café Ramses | 8500, boul. Taschereau | Brossard |
| Le Bacchus | 1, boul. du Casino | Gatineau |
| OMDA | 784, boul. Curé Labelle, #45/59 | Laval |
| Aro Tabac | 1590, rue Barré | Montréal |
| Café & Bar Stogies | 2015, rue Crescent | Montréal |
| Café & Bistro Toot | 1175, rue Crescent | Montréal |
| Café Al-Dar | 1221, rue Mackay | Montréal |
| Café Gitana | 2080A, rue Saint-Denis | Montréal |
| Café Hookah Lounge | 1699, rue Saint-Denis | Montréal |
| Café Sidi Bou | 3583, rue Jean-Talon Est | Montréal |
| Café Zaza | 903, boul. Décarie | Montréal |
| Casa Del Habano | 1434, boul. Sherbrooke Ouest | Montréal |
| Cigare & Compagnie | 6981, boul. Saint-Laurent | Montréal |
| Club Café Resto Arabesque | 1241, rue Guy | Montréal |
| Restaurant Alexandre | 1454, rue Peel | Montréal |
| Resto-Café Shahrazad | 1242, rue Crescent | Montréal |
| Rib’n Reef Steakhouse | 8105, boul. Décarie | Montréal |
| Whisky Café | 5800, boul. Saint-Laurent | Montréal |
| Société Cigare | 575, Grande Allée Est | Québec |
| Liverpool | 28, rue Wellington Sud | Sherbrooke |
In a cigar room that is not recognized by the Ministère de la Santé et des Services sociaux (MSSS), using any tobacco products is prohibited. Moreover, using products intended to be smoked that do not contain tobacco, such as tobacco-free shisha, is prohibited.
The operator and managers of a cigar room not recognized by the MSSS who tolerate the use of tobacco inside this location or the consumption of tobacco-free products intended to be smoked are liable to a fine of $500 to $12,500. For a subsequent offence, the fine could be from $1,000 to $25,000. Customers who smoke in a room that is not recognized are also liable to a fine of $250 to $750 and, for a subsequent offence, a fine of $500 to $1,500.
For further information, please contact the inspection and investigations section of the MSSS. The contact information can be found in Information requests and complaints regarding the application of certain laws and regulations.
Offences and fines
Fines for the various offences under the Act have increased. The following table shows offences punishable by a fine.
Offences | Fines |
|---|---|
| Smoking in a prohibited place | $250 to $750 R: $500 to $1,500 |
Violating the use, installation, construction or layout standards for smoking areas permitted by the Act. | $1,000 to $50,000 R: $2,000 to $100,000 |
| Admitting or allowing the presence of a minor in a cigar room. | $2,500 to $62,500 R: $5,000 to $125,000 |
| Allowing a person to smoke in a prohibited place. | $500 to $12,500 R: $1,000 to $25,000 |
| Failing to indicate the areas where smoking is prohibited using notices. | $500 to $12,500 R: $1,000 to $25,000 |
| Selling tobacco to minors, for operators of a tobacco retail outlet. | $2,500 to $62,500 R: $5,000 to $125,000 |
| Selling tobacco to a minor, for anyone other than the operator of a retail outlet or the operator’s employee. | $2,500 to $125,500 R: $5,000 to $250,000 |
| For employees in a tobacco retail outlet: selling tobacco to a minor. | $500 to $1,500 R: $1,000 to $3,000 |
| For minors, purchasing tobacco for yourself or someone else. | $100 |
| Selling tobacco retail anywhere other than a tobacco retail outlet with the purchaser physically present. | $2,500 to $125,000 R: $5,000 to $250,000 |
| For operators of a tobacco retail outlet: giving tobacco to a minor. | $2,500 to $62,500 R: $5,000 to $125,000 |
| For operators of a tobacco retail outlet and employees in a tobacco retail outlet: selling tobacco to a person of full age knowing that the person is buying it for a minor. | $2,500 to $62,500 R: $5,000 to $125,000 Employee: |
| For adults, purchasing tobacco for a minor. | $500 to $1,500 R: $1,000 to $3,000 |
Storing tobacco in such a way that customers can access it without the help of an employee, except in duty-free shops. | $1,000 to $25,000 R: $2,000 to $50,000 |
| Renting out electronic cigarettes or any other devices of that nature or water pipes, including their components and accessories | $1,000 to $25,000 R: $2,000 to $50,000 |
Removing, destroying or changing a display:
| $500 to $1,500 R: $1,000 to $3,000 |
| Having installed, maintained or left on site a vending machine that sells tobacco. | $2,500 to $62,500 R: $5,000 to $125,000 |
| Selling cigarettes other than in a package containing at least 20 cigarettes. | $2,500 to $62,500 R: $5,000 to $125,000 |
| Operating a tobacco retail outlet in a location where it is prohibited to do so. | $2,500 to $125,000 R: $5,000 to $250,000 |
| Giving tobacco to a minor on the grounds and facilities or buildings used by a school. | $500 to $1,500 R: $1,000 to $3,000 |
| Omitting to declare the retail sale of tobacco or the discontinuance of that activity to the Registraire des entreprises. | $1,000 to $25,000 R: $2,000 to $50,000 |
For any business:
| $1,000 to $25,000 R: $2,000 to $50,000 |
Displaying tobacco and tobacco packaging in such a way that it can be seen from outside the tobacco retail outlet, in the case of cigar rooms, duty-free shops or specialty tobacco retail outlets. | $1,000 to $25,000 R: $2,000 to $50,000 |
Omitting to post in public view, on or near cash registers, a notice prohibiting the sale of tobacco to minors and a warning from the Minister of Health and Social Services, as soon as the notices are provided. | $1,000 to $25,000 R: $2,000 to $50,000 |
For cigar rooms or specialty tobacco retail outlets: omitting to post the certification notice issued by the Minister in a place accessible to all so that it is visible at all times. | $1,000 to $25,000 R: $2,000 to $50,000 |
| Admitting or allowing the presence of a minor in a specialized retail outlet for electronic cigarettes. | $2,500 to $62,500 R: $5,000 to $125,000 |
| Admitting or allowing the presence of a minor in a specialty tobacco retail outlet | $2,500 to $62,500 R: $5,000 to $125,000 |
For a specialized retail outlet for electronic cigarettes, providing written notice to the Minister of the name and address of the retail outlet within 30 days of any change of name or address or of the discontinuance of the activities of the retail outlet. | $1,000 to $25,000 R: $2,000 to $50,000 |
Giving tobacco or distributing it free of charge or providing it to a consumer for promotional purposes. Selling tobacco at a discount. Offering consumers a gift or a rebate or the possibility of participating in a lottery, contest or game or any other form of benefit if consumers must, in return, provide information on tobacco or their tobacco consumption, purchase a tobacco product or present proof of purchase of a tobacco product. | $2,500 to $62,500 R: $5,000 to $125,000 Manufacturer or distributor: |
Offering the operator of a tobacco retail outlet, including its employees, rebates, gratuities or any other form of benefit related to the sale of tobacco. | $5,000 to $500,000 R: $10,000 to $1,000,000 |
Directly or indirectly associating a sponsorship with the promotion of tobacco, a product, a brand or a manufacturer. Associating a name, logo, distinguishing guise, design or a slogan in relation to tobacco with a sports, cultural or social event, a facility maintained by a health and social services institution or a research centre connected with such an institution. Engaging in non-compliant direct or indirect advertising for the promotion of tobacco. Using on tobacco packaging or containers concepts directed at minors, false or misleading, associating tobacco use with a lifestyle, using testimonials, endorsements or slogans that refer to real or fictional persons, characters or animals (except trademarks appearing on tobacco products on sale on May 14, 1998). Engaging in advertising of a tobacco product for which sales or distribution are prohibited (flavour). | $5,000 to $500,000 R: $10,000 to $1,000,000 |
| For a person doing business in Québec, engaging in pro-tobacco advertising in violation of the law in a publication imported in Québec. | $5,000 to $500,000 R: $10,000 to $1,000,000 |
| Selling, giving or trading an object that is not a tobacco product if a name, logo, distinguishing guise, design, image or slogan that is directly associated with tobacco, a tobacco product, a brand of tobacco product or a manufacturer of tobacco products, except a colour, appears on the object. | $2,500 to $62,500 R: $5,000 to $125,000 Manufacturer or distributor: R: $10,000 to $1,000,000 |
| Violating the standards relating to the composition and characteristics of tobacco products manufactured in Québec for sale in Québec, enacted by a regulation made under section 29. | Manufacturer or distributor: |
Violating the standards relating to tobacco containers, packaging and presentation, enacted by a regulation made under section 28. | $5,000 to $500,000 R: $10,000 to $1,000,000 |
Selling, offering to sell or distributing a tobacco or vape product that has a flavour or aroma other than that of tobacco, including menthol, fruit, chocolate, vanilla, honey, candy or cocoa flavour or aroma, or whose packaging suggests it is such a product. | $2,500 to $125,000 R: $5,000 to $250,000 Manufacturer or distributor: R: $10,000 to $1,000,000 |
For manufacturers and distributors of tobacco products:
| $1,000 to $100,000 R: $2,000 to $200,000 |
| For operators of a location or business: refusing or neglecting to comply with a request under section 34.1 within a specified time period (the production of information or documents relating to the application of this Act or the regulations). | $500 to $12,500 R: $1,000 to $25,000 Manufacturer or distributor: |
For operators of a location under inspection:
| Retail outlet operator: R: $5,000 to $125,000 Manufacturer or distributor: R: $10,000 to $1,000,000 Anyone other than the above: |
| For a tobacco retail outlet, violating the standards for advertising at the retail outlet. (On a single panel no larger than 3,600 cm2, that is fixed, rectangular, flat and opaque, and does not have a raised surface. Writing in black on a white background. No lighting, sound or other effect may be used to draw the attention of the public.) | $5,000 to $500,000 R: $10,000 to $1,000,000 |
| For a tobacco retail outlet, violating the advertising standards in newspapers and magazines (400 cm2, with Minister’s warning, publication for which adult readership is not less than 85%) | $5,000 to $500,000 R: $10,000 to $1,000,000 |
For a tobacco retail outlet, violating the established standards for displaying specialized publications (visible only from the inside and only one copy visible at a time). | $5,000 to $500,000 R: $10,000 to $1,000,000 |
Violating standards on packaging:
| $5,000 to $500,000 R: $10,000 to $1,000,000 |
For operators of specialized retail outlets for electronic cigarettes displaying products and packaging without respecting the following conditions:
| $1,000 to $25,000 R: $2,000 to $50,000 |
For any questions regarding the Tobacco control act, please contact the inspection and investigations section of the MSSS. The contact information can be found in Information requests and complaints regarding the application of certain laws and regulations.
Minister’s warning on tobacco advertising
Advertising on these products must comply with the obligations set out in the Québec regulation, namely to affix a type A, B or C warning, depending on the product, which comes from the Regulation respecting the warning attributed to the Minister of Health and Social Services concerning the harmful effects of tobacco or nicotine on health. This warning must be affixed, depending on the advertising format, on tobacco products, vape products and tobacco-free products intended to be smoked.
Advertising display area, product type and corresponding warnings (files to download)
Note: Warnings cannot be altered between the time they are downloaded to the time they are disseminated.
Advertising with a surface area equal to or less than 100 cm2
It must have a warning in the 1st format:
- type A (Tobacco kills or Le tabac tue) when the advertising concerns a product that contains tobacco
- type B (Many of these products contain nicotine or Plusieurs de ces produits contiennent de la nicotine), when the advertising concerns a product related to electronic cigarettes
- type C (Smoking kills or Fumer tue), when the advertising concerns a product related to tobacco under the Regulation respecting the application of the Act
Advertising with a surface area between 101 cm2 and 199 cm2
It must have a warning in the 2nd format:
- type A (Tobacco causes one-third of all cancers or Le tabac cause le tiers des cancers), when the advertising concerns a product containing tobacco
- Warning (medium, type A, French)
- Warning (medium, type A, English)
- type B (Many of these products contain nicotine or Plusieurs de ces produits contiennent de la nicotine), when the advertising concerns a product related to electronic cigarettes
- Warning (medium, type B, French)
- Warning (medium, type B, English)
- type C (Smoking kills or Fumer tue), when the advertising concerns a product related to tobacco under the Regulation respecting the application of the Act
- Warning (medium, type C, French)
- Warning (medium, type C, English)
Advertising with a surface area between 200 cm2 and 400 cm2 (maximum surface area)
It must have a warning in the 3rd format:
- type A (Tobacco kills 10,000 Quebecers every year or Le tabac tue 10 000 personnes par année au Québec) when the advertising concerns a product that contains tobacco
- type B (Many of these products contain nicotine or Plusieurs de ces produits contiennent de la nicotine), when the advertising concerns a product related to electronic cigarettes
- type C (Smoking kills or Fumer tue), when the advertising concerns a product related to tobacco under the Regulation respecting the application of the Act
Language of the warning
Depending on how the advertisement is disseminated, the choice of language used for the warning must respect the following rules:
- Advertising disseminated in a newspaper or magazine written in French: warning in French.
- Advertising disseminated in a newspaper or magazine written in English: warning in French or English.
- Advertising disseminated in a newspaper or magazine written in a language other than English or French: warning in French or in this other language but, in the latter case, only if it is available on the MSSS website.
Review of the Tobacco Act
Advertising disseminated cannot contain anything other than text, with the exception of an illustration of the packaging of a tobacco product occupying not more than 10% of the advertising surface area. Moreover, such advertising must not:
- be directed at minors;
- be false or misleading;
- directly or indirectly associate the use of tobacco with a particular lifestyle;
- contain testimonials or endorsements;
- use a slogan;
- refer to real or fictional persons, characters or animals;
- concern a tobacco product, the sales or distribution of which are prohibited under section 29.2 (product has a flavour or aroma other than that of tobacco).
Submission of the advertising
Advertising disseminated in printed newspapers or magazines that have an adult readership of at least 85% must have the warning specified in the regulation. On being disseminated, it must be forwarded to the Minister of Health and Social Services at the following address:
-
Ministère de la Santé et des Services sociaux
Directions de l’inspection et des enquêtes
3000, avenue Saint-Jean-Baptiste, 1er étage
Québec (Québec) G2E 6J5
Information bulletins
Information bulletins are released at different stages of the Act’s implementation for those concerned by the legislative measures adopted, in particular:
- retailers of tobacco products and vape products;
- health and social services institutions;
- operators of the various locations subject to the Act;
- the population in general.
See also
Last update: August 8, 2023
