Charged With Selling Tobacco, Vape, or Alcohol to a Minor in Ontario? What Employees and Owners Face
One compliance check and a clerk’s split-second decision can put both an employee and a business owner in provincial offences court. A practical guide to the...
Frequently Asked Questions
Can both the employee and the business owner be charged for one sale to a minor?
Yes. The employee who made the sale can be charged personally, and the business owner or corporation can be charged or sanctioned as well. Under the Smoke-Free Ontario Act the owner is responsible for sale violations in the business unless they exercised due diligence, and under the Liquor Licence and Control Act the licensee faces penalties and licence action even when an employee made the sale.
What is the fine for selling tobacco or a vape to someone under 19?
Under the Smoke-Free Ontario Act, 2017, an individual faces a fine of up to $4,000 on a first conviction, escalating to as much as $100,000 for a third or subsequent conviction. A corporation faces up to $10,000 on a first conviction and up to $150,000 for a third or subsequent. A conviction can also trigger a prohibition on selling tobacco for at least six months.
What about selling alcohol to a minor?
Under the Liquor Licence and Control Act, 2019, an individual convicted of an LLCA offence can face fines up to $100,000 and/or up to one year imprisonment, and a corporation up to $250,000. Separately, the AGCO can impose monetary penalties on the licensee and suspend or revoke the liquor licence — often the most serious consequence for a licensed business.
Is “they showed me ID” a defence?
It can be. Both regimes turn on due diligence. For an employee, a genuine and reasonable ID check together with an honest belief that the customer was 19 or older — especially where apparently valid government ID was produced — can support a defence. For the business, the defence depends on documented training, ID-check policies, and compliance records that existed before the sale.
Can a paralegal represent me on a selling-to-minors charge?
Yes. These are typically Provincial Offences Act charges, which paralegals are licensed to handle in Ontario. A paralegal can review the disclosure, raise the due-diligence defence, negotiate with the prosecutor, and represent you at trial, and can assist with related licence and AGCO matters within the scope of paralegal practice.
Contact Legal Assist
Legal Assist Paralegal Services — Licensed by the Law Society of Ontario. Serving London, Ontario and Southwestern Ontario. Call 226-272-5153 or email jeanfrancois@legalassist.london for a free consultation.