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Can a vape or eliquid vendor ship to Quebec?


It was May 26th, 2016.

The most tragic day (so far) for the vaping industry in Quebec. By passing the Bill 44, vaping was associated with tobacco products and treated as such.

vaping law quebec

Here are a few things that have changed for Quebec citizens and businesses within the industry:

  • No vaping on commercial patios next to restaurants, bars, etc (any terrace besides your own really).
  • No vaping in a cars when someone under the age of 16 is present.
  • No vaping near playgrounds, campgrounds, sports fields, daycares, preschools, elementary schools and high schools.
  • No vaping in any public places – yes, this does include vape shops.
  • As a vape shop owner, you can no longer have any form of advertisement. Vendor restrictions include:
    • The website can no longer display products (tanks, mods, drip tips, eliquids). Only thing allowed to be displayed to public are the address, phone number and business hours of the store / manufacturer.
    • No selling ecigarettes, eLiquids on the internet.
    • No discounts whatsoever. Have unsold juice you can’t get rid of so you’re thinking of selling cost price just to cut your losses? Not happening.
    • No shipping within or out of Quebec. Oh you make delicious e-juice for a living? That’s a shame but your only option is to register an enterprise outside of Quebec and operate from there.
    • No letting your customers taste an eliquid in your vape shop.

As you can see, the alternative to analog cigarette is now completely assimilated to tobacco, despite not containing any of it.

 

As a vendor located outside of Quebec, can I ship vape products to Quebec?

Let’s get this out of the way – we aren’t lawyers and cannot legally advise you on the quebec vapematter. If your budget permits, we suggest consulting an attorney and asking all the relevant questions in regards to shipping vaping supplies to Quebec.

As our understanding goes, the government will only go after companies that operate from Quebec (incorporation registered to an address located in Quebec). Technically, if you’re located outside of Quebec and want to ship to Quebec, you should be in the clear.

As /u/DeterminedToOffend from Chef’s Choice explains the following:

By definition, QC cannot enforce their provincial laws upon people/entities in other provinces. It’s simply not within their jurisdiction.

Imagine if Ontario tried to tell businesses in Quebec that they couldn’t serve alcohol to people who are 18, because the drinking age in Ontario is 19. Same deal. These businesses would laugh if someone threatened to fine them $100k+ for doing something that is perfectly legal according to the laws of the province and country they are operating in.

That may not be the clearest analogy since in that case both the business and the customer are in the same place, but when it comes to online sales the physical location of the business would be considered the point of transaction. Only laws applicable to that location would be enforceable.

The business is shipping orders on behalf of and at the request of the consumer. They (the consumer) are the ones responsible to ensure that the products/services they’ve requested are legal to possess and receive via their selected delivery method in their local jurisdiction. So, if anything, the only real option QC would have is to go after the person placing the order, since they ARE subject to the provincial laws of QC.

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ilias b.

IT Recruiter, web & graphic design lover, amateur photographer, avid vaper. Greatest person you'll have the pleasure to encounter. Also modest & humble.

September 29, 2016