Vape retailers in Ottawa may need to be licensed by the end of next month, with the city set to use those fees to finance a crackdown on stores that sell vaping products to people under the age of 19.
The number of stores selling products like electronic cigarettes has grown from 19 in 2019 to 70 now, staff told members of the emergency preparedness and protective services committee on Thursday.
That growth has coincided with a spike in the use of vaping products by high school students in particular.
“We’re concerned about what we’re seeing in the schools,” said Roger Chapman, Ottawa’s bylaw and regulatory services director. “We’re concerned about how often we’re seeing the use of the products with youth right now.”
Chapman said sales of tobacco and vaping products to minors have risen over the last five years, while the number of enforcement officers has decreased.
“It is a challenge, for sure,” he told reporters. “I mean, two tobacco enforcement officers in the city of Ottawa to enforce the provincial regulations is not enough.”
Provincial funding in decline
The city is required to enforce the Smoke-Free Ontario Act, which restricts sales, promotions and how products can be handled in stores.
“Provincial funding for this enforcement has not kept pace with the growing number of retailers or the availability of vapour products,” said bylaw review specialist David Kurs.
“Ottawa Public Health has supplemented base funding received from the province with other provincial funding sources,” Kurs said. “However, additional funding from the province is no longer provided.”
In 2020 the city was able to pay for four enforcement officers with $450,000 in funding. This year, it’s received $250,000.
The new fees would pay for a licensing officer, and could potentially allow the city to enforce federal rules related to nicotine concentration and access to flavoured products.
Kurs said the change would level the playing field by matching the $930 licensing fee charged to tobacco retailers. Stores that sell both products would now pay $1,092.
Complain through 311
The city said it consulted with retailers through an online survey, and more than half disputed the need for licensing and the added cost.
Ron Couchman, owner of Clear Sky Vapes, was the only one to lodge a complain in person, telling the committee that specialty 19+ vape shops are not the source of the problem.
“Do I wish vaping wasn’t in the hands of children? Absolutely,” he said. “Youth will experiment and it is problematic.”
But Couchman said the rule changes will not touch the black market, including illegal sales by mail.
When asked if any of the sales to minors stem from those specialty stores, Chapman said he didn’t have the data to verify or refute Couchman’s claims.
Staff also recommended asking the province to amend the relevant act to allow for automatic prohibitions on vape store owners who’ve had at least two convictions within a five-year period.
Committee members fully supported the recommendations and expressed frustration with the limits on provincial funding.
Residents who see an infraction are asked to call 311.
Full council will vote on the proposed regime Oct. 30.