Quebec: Report on the application of the anti-smoking law argues for a strengthening of the framework regarding vaping

THE 2020-2025 report from the Ministry of Health and Social Services (MSS)[1] The report on the application of the Law concerning the fight against smoking presents a mixed assessment. While it confirms a continued decline in smoking rates and sustained implementation of measures to protect against tobacco smoke, it highlights structural limitations in the regulation of vaping products. Faced with the rapid increase in their use, particularly among young people, the Ministry recommends a revision of the Law to strengthen its effectiveness. This approach is fully supported by public health organizations, which see it as an essential condition for preserving the objectives of prevention and protection of the population.

A confirmed decline in smoking, but a worrying increase in vaping.

The report shows that the prevalence of smoking continues to decline in Quebec. Between 2015 and 2024, the proportion of daily and occasional smokers among adults aged 18 and over fell from 20 per 100,000 to 12 per 100,000, representing approximately 863,500 people in 2024. This trend reflects the lasting impact of anti-smoking policies, while also revealing persistent inequalities, with higher rates observed among people with low incomes, less education, or belonging to certain vulnerable groups.

Among young people, the trend is also downward for tobacco products. The proportion of students aged 12 to 17 who had used a tobacco product in the 30 days preceding the survey fell from 11% in 2016-2017 to 4% in 2022-2023. This trend, however, contrasts with the growth of vaping. In 2023, 6.8% of Quebec's population aged 15 and over reported vaping, compared to 4.1% in 2020, representing nearly 500,000 people. The increase is particularly marked among young adults aged 20 to 24, whose prevalence rose from 13.1% to 22.6% in three years.

In 2022-2023, 15.9% of 12- to 17-year-olds reported vaping in the 30 days prior to the survey, and 96% of these 12- to 17-year-olds used nicotine-containing products. The report also highlights that a significant proportion of vapers are non-smokers. It estimates that approximately 30,000 adolescents aged 15 to 17 and 81,000 young adults aged 18 to 24 vape without having smoked cigarettes, illustrating early exposure to nicotine outside of any smoking cessation strategy.

Sustained enforcement of the law, revealing operational limitations

The MSSS report highlights sustained inspection activity throughout the 2020-2025 period, with nearly 32,800 inspections conducted in locations covered by the Tobacco Control Act. These inspections resulted in 4,504 statements of offence, 85 of which had been processed by the end of the period, with a guilty plea or conviction rate of 83%. While these results demonstrate the operational capacity of the competent authorities, the qualitative analysis of the identified offences reveals persistent shortcomings in the effective implementation of certain key provisions.

In areas where smoking and vaping are prohibited, the most frequent violation concerns the absence of signage indicating the prohibition or its non-compliance. This deficiency is observed in a wide variety of settings, including workplaces, cultural venues, and senior living facilities. The report emphasizes that these shortcomings in signage hinder public understanding of the rules and undermine the ability of operators to enforce the prohibition, particularly in high-traffic or multi-use areas.

Other recurring violations are linked to the operator's tolerance of tobacco or vaping product use in prohibited areas, contradicting the due diligence obligation stipulated by law. These situations are particularly observed in certain restaurants, bars, on commercial patios, and in workplaces, where inspectors note inconsistent enforcement of the rules, especially in outdoor areas adjacent to buildings.

In healthcare and social service facilities, as well as in residential care homes, inspections reveal specific violations related to smoking rooms. Nearly a quarter of the smoking rooms inspected over the past five years were found to be non-compliant with regulatory requirements, primarily due to ventilation deficiencies, inadequate closure of access points, or the spread of smoke into common areas. The report emphasizes that the lack of precise standards for the performance and maintenance of ventilation systems limits inspectors' ability to ensure effective protection against involuntary exposure to tobacco smoke. Furthermore, health organizations reiterate that there is no established risk threshold for exposure to secondhand smoke and that only a complete and unconditional ban on smoking rooms is likely to eliminate the risk at its source.

In tobacco and vaping product outlets, inspections have revealed a particularly high level of violations. Of the more than 6,300 inspections carried out, 48 establishments were found to be in violation of at least one existing regulation. These violations included the sale of products that did not comply with new regulatory requirements, shortcomings in product display and presentation, and non-compliance with rules prohibiting sales to minors. Despite more than 11,000 inspections specifically targeting this prohibition during the period 2020-2025, 1,209 attempts to purchase vaping products resulted in illegal sales, highlighting the need for ongoing monitoring in this area.

Finally, since the ban on non-tobacco flavours in vaping products came into effect in October 2023, inspectors have identified specific violations related to this measure. The report details 72 warnings for non-compliance and 130 prosecution files forwarded to the Director of Criminal and Penal Prosecutions. The violations primarily concern the marketing of products whose packaging or name suggests prohibited flavours. While these circumvention strategies are in the minority, they complicate regulatory enforcement and lengthen judicial processing times. However, Quebec has implemented a rigorous control policy, and these violations are actively prosecuted and penalized, demonstrating an effective response despite their small number.

Smoke-free environments are generally better protected, but still heterogeneous.

The MSSS report highlights significant progress in the implementation of smoke-free environments, particularly in health and educational institutions, which are priority locations for protection against exposure to tobacco smoke and vaping product aerosol.

Within the health and social services network, 88 public institutions have adopted a tobacco control policy that includes vaping products, and 83 have submitted implementation reports within the prescribed deadlines. These policies aim to establish smoke-free environments both inside and outside facilities, promote smoking cessation, and limit the involuntary exposure of users, staff, and visitors to the smoke and aerosols of these various products. Data from the submitted reports indicate that these policies are generally well-respected and associated with positive outcomes, particularly in terms of denormalizing the use of tobacco and vaping products. However, the situation appears more mixed in the private sector, where only 43 institutions have adopted a similar policy, reflecting a more uneven implementation of ministerial guidelines.

In educational institutions (high schools and universities), 74 have a policy for a smoke-free and vaping-aerosol-free environment, with, again, significant disparities. While almost all public universities and high schools have adopted such a policy, the proportion is considerably lower in the private sector. The report also highlights that less than half of the educational institutions submitted their implementation reports on time, which limits the capacity for monitoring and evaluation at the provincial level. In practice, 41 educational institutions have extended the smoking and vaping ban to all outdoor areas, and 9 have established designated smoking areas, exceeding the minimum requirements stipulated by law.

Finally, the report highlights the continued exposure of a segment of the population to tobacco smoke or vaping aerosol, including in residential settings. In 2023, 3% of people aged 15 and over reported daily exposure to tobacco smoke inside their homes, while 1.5% reported daily exposure to vaping aerosol. This exposure can originate from smoke coming from neighboring dwellings. These data illustrate the limitations of the current framework for fully protecting non-smokers, particularly in shared environments, and reinforce the need for a review of smoke-free environment policies.

A united call to revise the Law to strengthen its effectiveness

In light of these findings, the Ministry of Health and Social Services recommends a review of the Act respecting the fight against smoking and vaping products in order to strengthen the available legal tools, particularly to more effectively regulate vaping products. Public health organizations, including the Quebec Coalition for Tobacco Control, support this recommendation.[2], They support this approach, believing that the data in the report demonstrate the need for a clearer, more coherent framework better suited to the rapid evolution of the nicotine products market.

These actors emphasize that the revision of the Law is a key step to reduce the appeal of vaping products to young people, improve the effectiveness of controls and ensure faster and more dissuasive application of sanctions.

©Generation Without Tobacco

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[1] Report, Report on the Implementation of the Tobacco Control Act 2020-2025 – November 2025, Quebec Ministry of Health and Social Services, published December 9, 2025, accessed January 13, 2026

[2] Press release, MSSS Report on the Application of the Tobacco Control Act: The Coalition supports the main recommendation to revise the law, Newswire, published December 10, 2025, accessed January 13, 2026