P.E.I. vape and tobacco shops can now be fined up to $25,000 for breaking rules

Shops on Prince Edward Island that sell tobacco and electronic smoking devices, including vaporizers, can now be fined up to $25,000 for violating the province's rules.

In an effort to crack down on youth vaping, P.E.I. raised the minimum age to purchase nicotine vaping products to 21 back in 2020, and banned the sale of flavoured products entirely in 2021.

Changes to the P.E.I. Tobacco and Electronic Smoking Device Sales and Access Act came into effect on Feb. 1 after amendments passed during the fall sitting of the legislature.

Among the changes is a major increase to the maximum fine for corporations that repeatedly violate the act — up to $25,000 for repeat offenders. 

Harsher penalties now await P.E.I. vape shops that violate provincial laws

3 days ago

Duration 1:26

Shops that sell nicotine and vaporizer products can now be fined up to $25,000 for not complying with provincial laws. The Chief Public Health Office says that's to deter repeat offenders. One of those repeat offenders is Vape Head, the subject of a recent court appearance. CBC's Nicola MacLeod reports.

Provincial court judges can also now also issue orders to stop businesses from being able to sell those for up to 90 days as punishment.

"Despite high compliance with most retailers, the fines were increased as a deterrent to retailers who are in continuous non-compliance," officials from the Chief Public Health Office said in an email to CBC News.

Under the wire

On Thursday, Matthew Middleton appeared in provincial court on behalf of the Charlottetown-based shop Vape Head.

The business was charged with two counts of selling flavoured tobacco products and one count of selling to an underage person. But as Vape Head was told in court, it was lucky. 

The fines were increased as a deterrent to retailers who are in continuous non-compliance.— P.E.I. Chief Public Health Office

The business had been caught selling flavoured products for a fourth time on Jan. 18 — two weeks before the new penalties came into force. 

Because they had been caught three times or more, the penalty could have been $25,000 had the charge been laid after Feb. 1.

The business pleaded guilty to the underage sale charge and one of the flavoured sale charges and was fined $1,000 for each. The Crown stayed the second charge related to the sale of flavoured tobacco.

Vape Head also pleaded guilty to a flavoured sale charge in November and was fined $1,000 then.

On Thursday, Judge Lantz warned Middleton that the penalty could be $25,000 next time.

Middleton told the court Vape Head would not find itself in this position again.

The business has until April 30 to pay a total of $2,100.