Testing, sampling, etc.
 32. (1) Subsection 12 (1) of the Act does not apply to the holding of an activated electronic cigarette if the following conditions are met: 1.  The activated electronic cigarette is held for the purpose of testing the electronic cigarette or demonstrating to customers how the electronic cigarette can be activated. 2.  No vapour is inhaled or exhaled from the activated electronic cigarette. 3.  The activated electronic cigarette is held in a tobacconist or specialty vape store that meets the following conditions: i.  The retailer of the tobacconist or specialty vape store shall not permit a person who is less than 19 years old to enter the place of business of the tobacconist or specialty vape store other than the owner or occupier of the place, one of their employees or a support person accompanying a person with a disability who is at least 19 years old. For the purposes of this subparagraph, a person who appears to be less than 25 years old is deemed to be less than 19 years old unless the retailer has required that person to provide identification and is satisfied that the person is at least 19 years old. ii.  The place of business of the tobacconist or specialty vape store must be a building or must be located within a building. iii.  Customers must be able to enter the place of business of the tobacconist or specialty vape store only from the outdoors or from the areas of an enclosed shopping mall that are, A.  open to the public, B.  common to most of the retail establishments or other businesses within the mall, and C.  not part of a retail establishment or other business within the mall. iv.  The place of business of the tobacconist or specialty vape store must not be a thoroughfare. O. Reg. 439/18, s. 7. (2) Subsection 12 (1) of the Act does not apply to the use of an electronic cigarette if the following conditions are met: 1.  The electronic cigarette is used for the purpose of sampling a vapour product. 2.  The electronic cigarette is used in a specialty vape store that meets the following conditions: i.  The retailer of the specialty vape store shall not permit a person who is less than 19 years old to enter the place of business of the specialty vape store, other than the owner or occupier of the specialty vape store, one of their employees or a support person accompanying a person with a disability who is at least 19 years old. For the purposes of this subparagraph, a person who appears to be less than 25 years old is deemed to be less than 19 years old unless the retailer has required that person to provide identification and is satisfied that the person is at least 19 years old. ii.  The place of business of the specialty vape store must be a building or must be located within a building. iii.  Customers must be able to enter the place of business of the specialty vape store only from the outdoors or from the areas of an enclosed shopping mall that are, A.  open to the public, B.  common to most of the retail establishments or other businesses within the mall, and C.  not part of a retail establishment or other business within the mall. iv.  The place of business of the specialty vape store must not be a thoroughfare. 3.  No more than two persons may sample a vapour product by using an electronic cigarette in the specialty vape store at the same time. 4.  The electronic cigarette must be the personal possession of the person holding it, or, if it is supplied by the specialty vape store, a fresh one-time disposable mouthpiece must be used for the sampling. 5.  The electronic cigarette must not contain cannabis, tobacco or a controlled substance as defined in the Controlled Drugs and Substances Act (Canada). O. Reg. 439/18, s. 7.