Montréal’s Municipal Court (“Court”) recently decreed that vaping can be considered an offence according to article 443.1 of the Highway Safety Code (“HSC”) insofar as the vaper features a luminous screen displaying information and controls to operate (City of Montréal v. Nicolo, 2021 QCCM 73).
According to this provision, “every driver of a road vehicle […] are prohibited from using a cellular telephone or any other portable device designed to transmit or receive information or to be used for entertainment purposes, or from using a display screen.”