Tobacco and vapour products

Rules for selling tobacco and vapour products, where smoking and vaping are prohibited, and how to register as a specialty vape store or tobacconist in Niagara.

No smoking sign

Minimum age to purchase: 19

Open eye

Products must be hidden from public view

A clipboard with a list of tasks, and a magnifying glasss

Inspections conducted by tobacco control officers

A checkmark inside a circle

Specialty vape stores and tobacconists must register

Where smoking and vaping are prohibited

Smoking and vaping in Niagara is governed by provincial law and Niagara's own by-laws. Both apply to tobacco, cannabis and vaping (electronic cigarettes).

Under the Smoke-Free Ontario Act, 2017, smoking and vaping is prohibited in:

  • All enclosed public places and workplaces, including bars, restaurants and workplace vehicles
  • Restaurant and bar patios, and within nine metres of those patios
  • Indoor common areas in condos, apartment buildings and college or university residences
  • Non-designated guest rooms in hotels, motels and inns
  • Schools, on school grounds and within 20 metres of those grounds
  • Children's playgrounds and within 20 metres of playgrounds
  • Child care centres and places where home child care or early years programs are provided
  • Within nine metres of entrances or exits of hospitals, psychiatric facilities, long-term care homes and independent health facilities
  • Outdoor grounds of hospitals and psychiatric facilities
  • Publicly-owned sports fields, nearby spectator areas and within 20 metres of those areas
  • Reserved seating areas at outdoor sports and entertainment venues
  • Grounds of community recreational facilities and within 20 metres of those grounds
  • Sheltered outdoor areas with a roof and more than two walls frequented by the public or employees (such as bus shelters)
  • In a vehicle when a person under 16 is also present

See where you can't smoke or vape in Ontario for the full provincial list.

Niagara's Smoke and Vape-Free Outdoor Spaces By-Law (PDF) prohibits smoking and vaping in additional public spaces across the region, including:

  • Beaches
  • Recreation trails
  • Within nine metres of an entrance or exit of a publicly accessible place, building or workplace
  • Parks, playgrounds and sports fields
  • Splash pads and outdoor pools
  • Arenas and recreation centres
  • Outdoor areas of municipal and regional buildings
  • Bus shelters

Waterpipe smoking (tobacco and herbal) is prohibited in:

  • Enclosed public spaces and workplaces
  • Outdoor public patios
  • Within nine metres of a publicly accessible entrance or exit
  • Outdoor public areas such as parks, playgrounds and beaches

Review the Waterpipe By-law (PDF) for full details.

Selling tobacco and vapour products

All retail businesses that sell tobacco or vapour products must comply with the Smoke-Free Ontario Act, 2017. Key requirements include:

  • No sales to anyone under 19
  • Tobacco and vapour products must not be visible to the public in any store
  • Vapour products may not be promoted in non-specialty vape stores
  • Flavoured tobacco and vapour products (including flavoured cigarillos) may not be sold at retail, with limited exemptions for specialty stores

Review the Smoke-Free Ontario Act: Guide for Vendors (PDF) to understand the full requirements for your business. Learn about the rules for selling tobacco and vapour products from the Province of Ontario.

Inspections

Tobacco control officers inspect all stores that sell tobacco or vapour products. They check how products are displayed and promoted, and conduct additional inspections to verify compliance with age-of-sale requirements. Officers may seize products and issue warning notices or fines, using progressive enforcement to achieve compliance.

Required signage

All vendors must display signs stating the legal age to purchase tobacco and vapour products and the dangers of smoking. You can order signage online or contact Public Health.

Specialty vape store and tobacconist registration

To operate as a specialty vape store or tobacconist in Niagara, you must register with Niagara Region Public Health. Registered stores have additional permissions, including the ability to sell flavoured vapour products and products with higher nicotine concentrations.

Before registering, review the provincial guidelines for registration as a tobacconist.

How to register

1
Download and complete the appropriate form
Use the specialty vape store registration form or the tobacconist registration form.
2
Submit your completed form
By email: inspect@niagararegion.ca
By mail: Niagara Region Public Health, 1815 Sir Isaac Brock Way, P.O. Box 1042, Thorold, Ontario L2V 4T7

Report a violation

To report a complaint related to tobacco or vapour product sales or smoking in a prohibited area, contact Public Health.

Facility offence notice — hospitals, retirement homes and long-term care facilities

Front-line staff and administrators at hospitals, retirement homes and long-term care facilities can submit an offence notice form when they witness a Smoke-Free Ontario Act infraction on their property. A tobacco control officer will follow up to investigate.

Have a question?

Contact Environmental Health