PREPARED BY: Substance Use Prevention And Harm Reduction

DATE: 2026-02-05

BACKGROUND/PURPOSE

The Windsor-Essex County Health Unit (WECHU) enforces the Smoke-Free Ontario Act, 2017 (SFOA) to protect residents from the harms associated with tobacco and vapour products and to reduce youth access to nicotine. Under the Ontario Public Health Standards and the Tobacco, Vapour, and Smoke Protocol, public health units are required to conduct annual retailer inspections, youth test‑shopping activities, and compliance checks in locations where smoking and vaping are prohibited.

Youth vaping remains a significant public health concern in Windsor‑Essex and across Ontario. In 2023, 17.1% of local students in Grades 7–12 who participated in the Ontario Student Drug Use and Health Survey (OSDUHS) reported vaping in the past 12 months. Despite restrictions prohibiting the sale of vapour products to individuals under 19, 25.6% of youth who vaped indicated that they purchased products from a store, and 43.4% reported obtaining them from a friend (OSDUHS, 2023). Adolescent exposure to nicotine is associated with increased dependence, impaired brain development, and the worsening of anxiety and depression symptoms (Government of Canada, 2025; Lechner et al., 2017; Vermeer et al., 2025). These findings emphasize the continued importance of strong, proactive local enforcement.

High‑nicotine vapour products also continue to be a growing concern in Windsor‑Essex. Recent enforcement and surveillance activities confirm that these products are readily available across many retail locations in the region. In response, the WECHU has strengthened collaboration with the Canada Border Services Agency (CBSA), Health Canada, and the Ministry of Finance to enhance communication, monitoring, and enforcement related to illicit or non‑compliant nicotine products entering or circulating in the community. To further support coordinated enforcement, the WECHU organizes and hosts an annual interagency meeting bringing together Windsor Police, the Ontario Provincial Police (OPP), Health Canada, CBSA, municipal by‑law departments, Crime Stoppers, and other local partners. This forum ensures a unified and proactive approach to addressing emerging nicotine and vapour‑related risks across the region.

2025 Inspections and Charges

The WECHU’s Tobacco and Vaping Enforcement Officers (TVEOs) conduct a range of mandated enforcement activities each year, including general inspections of all tobacco and vapour retailers; proactive inspections in prohibited areas such as schools and workplaces; follow‑up inspections where corrective action is required; and annual youth test shopping using trained youth aged 15 to 18.

2025 Inspection Activities

• 523 tobacco youth‑access inspections completed
• 281 inspections assessing tobacco display and promotion compliance
• 354 vapour youth‑access inspections completed
• 326 inspections evaluating vapour display and promotion requirements
• 164 inspections completed at 32 secondary schools for smoking/vaping compliance
• 1,541 inspections across festivals, playgrounds, recreational facilities, sports fields, patios, multi‑unit dwellings, long‑term care homes, elementary schools, workplaces, and hospitals.

2025 Enforcement Outcomes

• 1,148 prohibited high‑nicotine vapour products (over 20 mg/mL) seized
• 52 charges laid under the SFOA 
  • 12 charges for selling tobacco to persons under 19 (98.1% compliance rate)
  • 19 charges for selling vapour products to persons under 19 (94.6% compliance rate)
• 200 warnings issued, including for smoking or vaping in prohibited spaces

Although the Tobacco, Vapour, and Smoke Protocol mandates only one youth‑access inspection for vapour retailers annually, WECHU’s TVEOs completed a second round of youth‑access inspections at all specialty vapour stores, resulting in an additional 78 inspections and 8 charges. The 2025 inspection and enforcement results highlight the vital role of WECHU’s enforcement team in preventing illegal sales, removing unregulated high‑nicotine products from the market, and supporting overall compliance with the SFOA. Continued enforcement, the monitoring of emerging nicotine products, and strong collaboration with local and provincial partners remain essential to reducing youth exposure to nicotine and protecting community health.

REFERENCES

Government of Canada. (2025, November 21). Consider the consequences of vaping. Retrieved from https://www.canada.ca/en/services/health/campaigns/vaping.html

Lechner, W. V., Janssen, T., Kahler, C. W., Audrain-McGovern, J., & Leventhal, A. M. (2017, March). Bi-directional associations of electronic and combustible cigarette use onset patterns with depressive symptoms in adolescents. Preventive Medicine, 96, 73-78. https://pmc.ncbi.nlm.nih.gov/articles/PMC5510594/

Ministry of Health. (May 2021). Standard Operating Procedures for Enforcement of the Smoke-Free Ontario Act, 2017: Confidential Public Health Reference Document.

Ministry of Health. (June 2021). Tobacco, Vapour and Smoke Protocol 2021.

Smoke Free Ontario Act, (2017, c. 26 Sched. 3). Retrieved from https://www.ontario.ca/laws/statute/17s26

Vermeer, J., Leatherdale, S., & Patte, K. (2025). COMPASS Windsor-Essex County Health Unit Report. University of Waterloo.