OC Transpo says passengers are free to vape on board and on transit property because e-cigarettes are not regulated as a tobacco product by Health Canada.

Meanwhile, Gatineau's public transit service says it has banned vaping on its buses and property.

The Ontario government's proposed legislation to ban the use of e-cigarettes wherever smoking is prohibited would not take effect until January, 1, 2017, if passed. Age-based sales restrictions would take effect one year earlier, on January 1, 2016.

"Until legislation is passed, OC Transpo is asking customers, in the spirit of the 'No Smoking' policy, that e-cigarettes be used off transit property," assistant general manager of transit operations Troy Charter told CBC News in an email.

Still, Troy said OC Transpo passengers cannot be fined for vaping.

He added that if the legislation does pass, OC Transpo could then amend its bylaws, subject to the approval of City Council.

News that riders can vape in an OC Transpo bus or shelter comes as a surprise to Stephen Blais, the chair of Ottawa's Transit Commission.

"It was definitely a shocker to me, to be perfectly honest. I would have thought it would have been caught up with our ban on cigarettes and tobacco," he said.

28 e-cigarette complaints since 2013

Since 2013, OC Transpo has received 28 complaints about passengers using e-cigarettes — two in 2013, 26 in 2014 and none so far in 2015. There were no e-cigarette complaints in 2012.

The Société de transport de l'Outaouais (STO) told Radio-Canada that all forms of cigarettes, electronic or otherwise, are banned. Still, the STO acknowledged its official bylaw does not use the term e-cigarette.

While e-cigarettes are not currently banned on OC Transpo, the transit service does have guidelines around scented products, Troy said.

"We kindly ask that customers refrain from using scents, including e-cigarettes, while on buses. In addition, Ottawa Public Health recommends that e-cigarettes not be used in enclosed spaces as the health risks associated with second-hand vapours are not known as this time," he said.

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