Display and promotion rules, vapour products
 22. (1) For the purposes of section 4.1 of the Act, a person who sells vapour products or offers vapour products for sale may display or promote vapour products, as the case may be, as long as the display or promotion complies with the requirements set out in this section. O. Reg. 439/18, s. 4. (2) A person who sells vapour products or offers vapour products for sale at retail at a specialty vape store may display and promote vapour products as long as the following requirements are complied with: 1.  The display or promotion must take place entirely within the place of business of the specialty vape store. 1.1  The display or promotion must not be visible from outside the place of business of the specialty vape store at any time of day. 2.  The display or promotion must take place 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. O. Reg. 439/18, s. 4; O. Reg. 197/20, s. 4 (1). (3) A person who sells vapour products or offers vapour products for sale at retail at a place that is not a specialty vape store may not display vapour products, and may only promote vapour products by, (a)  making available one or more documents providing information about vapour products and their price that comply with the conditions set out in subsection (3.1); and (b)  posting one or more signs providing information about vapour products and their price that comply with the conditions set out in subsection (3.2). O. Reg. 348/19, s. 1. (3.1) The following are the conditions for the purposes of clause (3) (a): 1.  The document may only be made available for viewing inside the place and may not be removed from the place. 2.  The person making the document available for viewing shall ensure that it is not viewed by a person who is less than 19 years old, other than the owner or occupier of the place or one of their employees. For the purposes of this paragraph, a person who appears to be less than 25 years old is deemed to be less than 19 years old unless the person making the document available has required that person to provide identification and is satisfied that the person is at least 19 years old. O. Reg. 348/19, s. 1. (3.2) The following are the conditions for the purposes of clause (3) (b): 1.  No more than three of the signs may be posted in the place. 2.  None of the signs may be more than 968 square centimetres in area. 3.  Each sign must have a white background and only black text and graphics. 4.  A sign must not include a text or graphic that identifies or reflects a brand of a vapour product or any element of such a brand. O. Reg. 348/19, s. 1. (3.3) Subsections 4.1 (1) and (2) of the Act do not apply to display or promotion at a cannabis retail store within the meaning of the Cannabis Licence Act, 2018. O. Reg. 197/20, s. 4 (2). (4) A manufacturer, wholesaler or distributor may display and promote vapour products as long as the display or promotion complies with Division 2 of Part IV of the Tobacco and Vaping Products Act (Canada). O. Reg. 439/18, s. 4. (5) In this section, “manufacturer” means a person who manufactures, fabricates or produces vapour products for distribution, sale or storage in Ontario, and includes any entity that is associated with a manufacturer, including an entity that controls or is controlled by the manufacturer or that is controlled by the same entity that controls the manufacturer; (“fabricant”) “wholesaler or distributor” means a person who, in Ontario, sells or distributes vapour products for subsequent sale at retail. (“grossiste ou distributeur”) O. Reg. 439/18, s. 4.