2 (1) No person shall sell or supply an electronic cigarette to a person who is less than 19 years old. Apparent age (2) No person shall sell or supply an electronic cigarette to a person who appears to be less than 25 years old unless he or she has required the person to provide identification and is satisfied that the person is at least 19 years old. Defence (3) It is a defence to a charge under subsection (1) or (2) that the defendant believed the person receiving the electronic cigarette to be at least 19 years old because the person produced a prescribed form of identification showing his or her age, and there was no apparent reason to doubt the authenticity of the document or that it was issued to the person producing it. Improper documentation (4) No person shall present as evidence of his or her age identification that was not lawfully issued to him or her. Note: Sections 3 to 5 come into force on a day to be named by proclamation of the Lieutenant Governor. Display, etc. 3 (1) No person shall, in any place where electronic cigarettes are sold or offered for sale, display or permit the display of electronic cigarettes in any manner that would permit a consumer to view or handle an electronic cigarette before purchasing it. Promotion (2) No person shall promote electronic cigarettes, (a) in any place where electronic cigarettes or tobacco products are sold or offered for sale; or (b) in any manner, if the promotion is visible from outside a place in which electronic cigarettes or tobacco products are sold or offered for sale. Exceptions (3) Despite subsection (2), if the regulations so provide, a person may post signs providing information about electronic cigarettes and their price, but only if the signs meet the prescribed conditions. Same (4) Despite subsection (2), if the regulations so provide, a person may make available a document providing information about electronic cigarettes and their price, but only if the document meets the prescribed conditions. Places of entertainment 4 (1) No person shall employ or authorize anyone to promote electronic cigarettes or the sale of electronic cigarettes at any place of entertainment that the person owns, operates or occupies. Definition (2) In this section, “place of entertainment” means a place to which the public is ordinarily invited or permitted access, either expressly or by implication, whether or not a fee is charged for entry, and which is primarily devoted to eating, drinking or any form of amusement. Sale in prohibited places 5 (1) Subject to subsection (2), no person shall sell or offer to sell electronic cigarettes in the following places: 1. A hospital as defined in the Public Hospitals Act. 2. A private hospital as defined in the Private Hospitals Act. Note: On a day to be named by proclamation of the Lieutenant Governor, paragraph 2 of subsection 5 (1) of the Act is repealed and the following substituted: (See: 2017, c. 25, Sched. 9, s. 93) 2. A community health facility within the meaning of the Oversight of Health Facilities and Devices Act, 2017 that was formerly licensed under the Private Hospitals Act. 3. A psychiatric facility as defined in the Mental Health Act. 4. A long-term care home within the meaning of the Long-Term Care Homes Act, 2007. 5. A pharmacy as defined in the Drug and Pharmacies Regulation Act. 6. An establishment where goods or services are sold or offered for sale to the public, if, i. a pharmacy as defined in the Drug and Pharmacies Regulation Act is located within the establishment, or ii. customers of such a pharmacy can pass into the establishment directly or by the use of a corridor or area used exclusively to connect the pharmacy with the establishment. 7. A prescribed place or a place that belongs to a prescribed class. Exemptions (2) The Lieutenant Governor in Council may make regulations providing for places or classes of places described in subsection (1) where a person may sell electronic cigarettes or classes of electronic cigarettes, subject to any prescribed conditions. Establishment (3) For the purposes of paragraph 6 of subsection (1), the reference to an establishment includes an area used by persons to enter or exit the establishment if goods or services are sold or offered for sale in the area by the owner or operator of the establishment. Section Amendments with date in force (d/m/y) 2017, c. 25, Sched. 9, s. 93- not in force