As was previously known, Heath Canada plans to move forward with regulation of vaping products with the intent to balance the need to protect young people from nicotine addiction while allowing adult smokers to legally buy vaping products and e-cigarettes to help quit smoking or as a potentially less harmful alternative to tobacco.

This news brief was released:  Government of Canada Introduces New Tobacco and Vaping Products Legislation

More importantly, the Senate has tabled Bill S-5, An Act to amend the Tobacco Act and the Non-smokers' Health Act and to make consequential amendments to other Acts which has completed the first reading today (Nov 22, 2016).

Also, this day...  A conference call (Technical Briefing) was held by Health Canada Officials to which Stakeholders were invited to attend.  We attended that briefing which included high level information about the proposed bill as well as a Question and Answers session.

Please note that we are NOT Lawyers and our interpretation of the bill could be different than the actual meanings.  But we wanted to get something out for everyone to see as we are receiving a significant number of the same questions from different people.  Our interpretations may change as we will be seeking legal advice on the full implications of this legislation.

Keep in mind that this bill only provides the framework for regulation. They are not the enforceable regulations. The development of the regulations and details will come AFTER the bill has passed through the House of Commons, to Royal Assent. All of the answers are not known, yet.

Some of the more significant take-always from that briefing and brief review of Bill S-5 are as follows:

• The current path to Market Authorization (DIN) remains, HOWEVER...  This bill is creating a NEW pathway to market as a Recreational Tobacco Harm Reduction product which is where we believe want to be as an industry.
• Nicotine in commercial e-liquid will be removed from the food and drug regulations and placed under the new "tobacco and vaping products legislation". This will enable the import, manufacture and sale of e-liquid with nicotine throughout Canada, supported by law.
• The new legislation defines vaping products as NOT a tobacco.  They are vaping products and tobacco is tobacco. This Bill sets out specific regulatory frameworks for each, some for tobacco and some for vaping products. Only a few of these frameworks will be shared by both product categories.
• The new legislation appears to be based on the HESA report and recommendations. ECTA was involved with the HESA hearings and felt the results were a reasonable compromise
• The Importer is responsible for ensuring that whatever product they bring into the country meets the regulations.

Manufacturer specific:

• Manufacturing will be monitored and there is a framework in place for approving manufactures within Canada. This will include labeling, though "which" label standard has not yet been decided.
• You will need to submit "something" for their liquids but it's not clear exactly what that means and they themselves may not know, yet.
• Product testing specifics will likely be forthcoming with the regulations.
• These ingredients will NOT be permitted for use in e-liquid:
  • Amino acids
  • Caffeine
  • Colouring agents
  • Essential fatty acids
  • Glucuronolactone
  • Probiotics
  • Taurine
  • Vitamins
  • Mineral nutrients
• You may be required to provide "something" to the general public

Retail, Wholesale Distributors and/or Manufacturers:

• No sales to anyone under 18 (most of us should be doing this already) - Provincial regulations where the age is more restrictive (i.e. Ontario is 19) will override Federal regulation.
• No Public Lifestyle advertising (appears relaxing, enjoyable, sexy, fun, etc.) - Exceptions
  • Advertising in something that is being sent directly to an adult, by name (i.e. Magazine that is by adult subscription ONLY)
  • Places where no one under 18 is permitted
• Absolutely no advertising/promotion is allowed that might be appealing to youth.
• Use of logos, symbols or illustrations that may appeal to children will likely not be permitted.
• Words referencing or describing the following categories will not be permitted (i.e. Ice Cream Sandwich, Blueberry Cheesecake, Cola Fizz, etc.):
  • Confectionery
  • Dessert
  • Cannabis
  • Soft drink
  • Energy drink
• Hardware requirements (including package label, leaflet or tag) are still unclear
• Give-aways "appear" to be okay within your place of business (and perhaps trade shows).  However, sections of the bill appear to either contradict or double-down on being able to give products away. (30.5 and 30.6)
• Testimonials and/or endorsements cannot be used for promotion
• Absolutely no health claims or misrepresentation of the products
• No promotional "comparatives" to smoking health hazards (i.e. "get rid of that smokers cough when you switch")
• No discouragement from traditional "approved" Smoking Cessation products.
• No pictures/images on packages/bottles that would indicate a flavour (plain package labeling?)
• Inspectors are authorized to inspect and/or remove anything they believe to be out of compliance with the regulations, with or without warning.
• Vaping in federal spaces will be restricted but vaping in other public spaces will be delegated to the provincial level

Now back to the positive spin.  Our government has recognized that we are NOT tobacco and we are very pleased that the Health Minister has done so, both publically in her statements and within this bill.

We do not anticipate a "big bang" implementation of regulations for this bill.  After it passes through the Senate and House of Commons, we expect it to be implemented in stages.  

We will be working toward getting clarification and changes to some of the less practical thing in the bill as we move toward the consultation period.  Realize that while we work toward less restrictive regulations, those that oppose vaping products are working hard to make things more restrictive.  Not everyone will be pleased with the outcome of this bill but vaping WILL be able to continue and be supported as a Tobacco Harm Reduction technology, by law.

CBC's The Fifth Estate completed a full length investigation into the world of Electronic Cigarettes.  We knew they were considering an episode related to vapour products and when we saw them at an event in Toronto, interviewing businesses and consumers, we knew they were serious.  What we did not know is how deep they would take their investigations.

The full episode can be found here:  E-Cigarettes : Welcome Back, Big Tobacco

When we saw the title of the episode, we thought we were about to be destroyed by yet "another" media organization because they didn't take the time to do the research.  We (the small vapour product businesses in Canada) are NOT "Big Tobacco" so obviously the title was unnerving.

Were we surprised when not only it was very informative but fact based.  There were a few points of contention, but we are extremely pleased to see an investigative media organization take a serious look into what this industry actually is, who its people are and who they are not.  We only hope that more, true journalism will follow

The Canadian Health Minister, Honourable Jane Philpott has announced intentions to move forward with regulations on vaping products.

According to her statements, the move will balance the need to protect young people from nicotine addiction while allowing adult smokers to legally buy vaping products and e-cigarettes to help quit smoking or as a potentially less harmful alternative to tobacco.

CTV News Article:  Canada to regulate vaping products

Previously there were indications that Health Canada would be utilizing the HESA recommendations which recognized and recommended that vapour products have a separate framework from Tobacco Products.  We fully support this approach as it would be much easier to apply any necessary changes as more research is being done on the products.

Additional announcements and information are expected later this fall.

BC Bill 14, Tobacco Control Amendment Act, 2015 was introduced for first reading on March 5th, 2015, by the BC Minister of Health, Hon. Dr. Terry Lake. Additional information posted by ECTA can be found here.

Email notifications were sent out today to many who participated in the Consultation on regulations which thanked everyone for their feedback (and there was a LOT, it appears) and contained details related to the new regulations.

The Ministry of Health sought feedback in five key areas of the proposed regulation:

• Date of coming into force;
• Minimum age of customers and required identification;
• Restrictions on the promotion, sale and use of vapour products;
• An increase to the size of the buffer zone outside doorways, open windows and air intakes for tobacco and vapour products; and
• The use of vapour products and tobacco on health authority property.

First and foremost, though the new regulations are not what we would have preferred, the results do not appear to be catastrophic. There were changes that were made to the original proposed regulations which facilitate some of our requests.

The document they provided outlines the main scope of the regulatory changes that will come into effect on September 1, 2016. Click here to view that document.

As stated above, it's not exactly what we would have liked to have seen or what we believe to be appropriate regulations for what the products, but it's not the worst we've seen (QC Bill 44) nor catastrophic.  Vaping in BC will continue...

Please let us know if you have any questions.

On June 2nd, 2016, the NL Minister of Seniors, Wellness and Social Development, Hon. Sherry Gambin-Walsh introduced Bill 35, An Act to Amend the Smoke-Free Environment Act, 2005 and the Tobacco Control Act for first reading (Hansard Notes for that session - Search for "Bill 35").

The Explanatory Notes state:

This Bill would amend the Smoke-free Environment Act, 2005 to

• prohibit the use of electronic cigarettes and the smoking of non-tobacco shisha in indoor public places and workplaces; and
• prohibit the use of electronic cigarettes in motor vehicles when occupied by a person under the age of 16 years.

This Bill would also amend the Tobacco Control Act to

• prohibit the sale of flavoured tobacco;
• prohibit the sale of vapour products and non-tobacco shisha to persons under the age of 19 years;
• prohibit the sale of vapour products and non-tobacco shisha where the sale of tobacco products are currently prohibited; and
• regulate the promotion and display of vapour products and non-tobacco shisha in the same manner that the Act currently regulates tobacco promotion and display.

This bill appears to be setting up to regulate and treat Electroinic Cigarettes much in the same manner as other provinces in that they are treating them like Tobacco. As such, we are very much opposed to this approach to regulation.

The only point of agreement that we would have with this bill is the restriction of sales to only those persons of legal age to purchase tobacco cigarettes, 19 in the case of Newfoundland and Labrador.

It does appear that they have included an exemption to Promotion and Display restrictions specifically for Vape Shops. The Tobacco Control Act ammendment, Section 4.6 (1) defines a "vapour products shop" and section 4.6 (2) states that Sections 4.2 (display) and 4.3 (promotion) do not apply. It does require that the products not be visible from outside of the shop and that no minors are allow inside the shop unless accompanied by and adult.

That is one point of contention that has been avoided.

Second reading of this Bill is scheduled for June 3rd and we will keep you posted as things progress. You can track the status from this page: Click Here

Rest assured that we will be formally advising the regulators of our position and comment on this unreasonable approach to regulation of these products.

The Canadian Vaping Association (CVA) has filed a constitutional challenge against the Quebec Governement with regard to Bill 44, An Act to bolster tobacco control.

Brent Stafford with Regulator Watch released a video interview with a member of the CVA Legal Team.

This is a significant (and unfortunate) milestone that they have tried to avoid, but the QC government has left very few options.  The ECTA fully supports the CVA efforts in this challenge as it only furthers the push for reasonable regulation of the Industry.  We encourage everyone (businesses and consumers) to get involved in any way that you can.

This is the third constitutional challenge for the QC Government, specific to Bill 44.

• Imperial Tobacco is preparing a challenge to the law
• The Association Québecoise des vapoteries (AQV) has launched a lawsuit
• And this challenge from the CVA makes three

Surely the QC Government is now well aware that there is a problem with the regulations they have imposed.

The CVA has released the following news breif (Français):

The Ontario Liberal Government has announced the release of new proposed regulations for Bill 45, Schedule 3 Electronic Cigarettes Act (ECA), 2015. (Consolidated Version of the ECA)

In their news release, "Ontario Taking Further Steps to Protect People from Second-Hand Smoke and Vapour, Strengthening Ontario's Smoking and Vaping Legislation", they state that the proposed changes will:

• Prohibit the use of e-cigarettes and the smoking and vaping of medical marijuana in all enclosed public places, enclosed workplaces, and other specified outdoor areas
• Expand the list of places where e-cigarettes are prohibited for sale
• Establish rules for the display and promotion of e-cigarettes in places where they are sold and prohibit the testing of e-cigarettes where they are sold.

In that release, Dipika Damerla, Associate Minister of Health and Long-Term Care is quoted as saying:

"It is important to ensure that Ontarians are protected from second-hand smoke and from the potential dangers of e-cigarettes. That is why we are proposing these changes and we look forward to the upcoming consultations with our stakeholders."

In an article published by CityNews Toronto, Premier Kathleen Wynne stated:

"We have made a determination that smoking, whatever it is – whether it’s vaping, whether it’s medical marijuana, whether it’s cigarettes – that there should be restrictions on that," she said Thursday. "And so the rules will apply to marijuana, to medical marijuana, to vaping as they do to cigarettes."

The summary for the proposed new regulation is located here: Strengthening Ontario's Smoking and Vaping Laws

These proposed regulations, as they have been presented, pose a significant negative impact both our industry and the Medical Marijuana industry. Specifically for our industry, they mean:

At the end of the day, we end up with continued propagation of non-evidence based implication and public stigma that vaping is the "same as smoking". This is a very disappointing proposal from the Ontario Liberal Government that will result in a number of tragic unintended consequences. With these proposed regulations, they are aligning three (3) very different products within the same regulations: Tobacco, Personal Vapourizers (Electronic Cigarettes) and Medical Marijuana.

These regulations are only proposed at this point and are open for public consultation from now through April 24, 2016.

Consultation can be submitted in the form of:

• Comment through their website.
  (Click "Comment on this proposal via email" at the bottom of the page)
• Email sent to:
  SFOA-ECA-Consultations@ontario.ca
• Written Letter by mail:
  Population and Public Health Division
  Ministry of Health and Long-Term Care
  777 Bay Street, Suite 1903
  19th floor 
  Toronto, ON M7A 1S5

We have an opportunity to provide our input and we encourage everyone to participate in the consultation. Within each section of the Strengthening Ontario’s Smoking and Vaping Laws proposed changes, the "Discussion" asks very specific questions. Simply answer those questions as clearly and concisely as possible. Maintain professionalism and courtesy or your input will not only be ignored but could potentially do damage to our already unstable position.

The Ottawa Morning show did an interview (Click for Replay) with David Sweanor, Adjunct Law Professor at the University of Ottawa's Center for Health Law Policy and Ethics (and long time smoking cessation advocate) on March 11, 2016.

Some of his comments where:

from a public health standpoint, it's wrong headed.

instead, what we end up with is more of this abstinence only approach of "Let's treat it all the same" which is very much like saying "Why don't we treat clean needles and dirty needles the same?" or "Why don't we treat automobiles the same" regardless of whether they have safety features?

We differentiate on risk in public health and we really need to do that when we deal with issues of nicotine and this isn't doing that. It's doing the opposite

One of the problems that we have is if we send a message to people that we're going to treat these the same even though there's a huge difference in risk, we simultaneously convince a lot of people who are vaping that "why bother? I may as well be smoking." and it convinces a lot of smokers that may otherwise have switched, to not.

If you're really worried about having incense burning or a candle on a table in a restaurant, yeah, there's risk. They're just small enough that we really don't worry about them. The big risk we have here is that we're dissuading people from getting off combustion.

One of the things that we know about people trying to quit smoking is, the two strongest indications of an unsuccessful quit attempt are to be put in a place where there's lots of cigarettes and being put in a place where there's smokers. If you combine those two, you chance of successfully quitting smoking is very small.

We're almost guaranteeing that people who are trying to get off the product that is our leading cause of preventable death are going to fail"

Sure we'll allow alcoholics anonymous meetings but we'll only allow them to be held in a pub, during happy hour.

I don't think they are doing a health perspective. I think it is much more of a moralistic. It's looking at nicotine as if it's a sin, not that it's a public health issue, we're going to treat it all the same. And again, the parallel with the war on drugs are very telling.

There are areas where you wouldn't want vaping going on, but there are an awful lot of areas where it really doesn't matter. And then they say we're going to ban it even on outdoor areas. I mean, why would you do that? What's the health grounds for doing something like that?

We're going to be sending a message that these products are far more dangerous than they really are.

The hope is that because this is just out for comment, that they will actually listen to the comments this time and they will move to more of a public health approach like we are seeing happen in the UK where E-cigarettes are credited with a huge impact on health and helping people quit smoking.

that absolutist morality almost invariable ends up supporting, reinforcing the very evil that you are trying to conquer.

They (The Ottawa Morning Show) requested comments from vapers, smokers and non-smokers. They can be contacted via Twitter (@OttawaMorning) or Email (OttawaMorning@cbc.ca).

Source: http://www.ecigarette-research.org/research/index.php/whats-new/whatsnew-2015/238-h-k

Dr. Konstantinos Farsalinos, MD (Researcher, Onassis Cardiac Surgery Greece, Department of Pharmacology, University of Patras, Greece) puts his thoughts into a recent publication by Elizabeth Cheung (elizabeth.cheung@scmp.com) in the Health & Environment section of the South China Morning Post.

The article states:

Electronic cigarettes were found to contain one million times more cancer-causing substances than outdoor air in a study by Baptist University.

The title of Dr. Farsalinos' response makes his thoughts pretty clear:  Hong Kong biology professor cannot understand the difference between mLs of e-liquid and mLs of breathing air

His response was posted within hours of the release of the news publication.  Some excerpts from his response:

Not only it is another story far distanced from the truth but, if the statement of an assistant professor of biology is accurately reported, it is a complete disgrace for the scientist, the department and the university.

...

The average volume of air breathed daily by humans is 20m3 (=20,000,000 mLs). Contrary to that, an average vapers consumes 3mLs of liquid (according to our survey). Thus, the levels in outdoor air in Hong Kong would result in total daily exposure of 960 ng. The levels of exposure from e-cigarette liquids (as tested by the Hong Kong university and assuming they are correct) are 9-1500 ng. This is from 90% less up to 50% more than exposure to outdoor air (or, to express it differently, 100 times less to ½ time more). So, the statement "1,000,000 times higher levels" is a complete false.

...

Let’s not forget that e-cigarettes are (and should be) used as smoking substitutes. The authors said they measured PAHs in tobacco cigarettes and found 5.6-6.3 ng/mL. First, tobacco cigarettes are solid, not liquids or gas. Thus, there is no mL of tobacco cigarettes, they should mention weight of tobacco.  But here is the catch: tobacco cigarette smoke is known to contain about 1.6 ug PAHs per cigarette (that is, 1600 ng/cigarette).

...

But how can you compare mLs of inhaled tobacco cigarette smoke with mL of e-liquid? It is simply a joke. The truth is that 1 tobacco cigarette contains by far more PAHs than what they reported they found in 1 mL of liquid (which is 1/3^rd the daily consumption).

...

This is a typical case of gross misinformation and extremely poor science. Literally, a public health disgrace… The reporters of this "study" (not authors, because there is no published study) need to immediately apologize to the public for creating this story out of nothing.

With mobile device "surfing" becoming the new status quo, it was time to re-vamp our website to support those devices.

So, in an effort to maximize the public viewing capabilities of our website, we've made some significant changes to our website.

Please Contact Us if any issues are discovered.

### Updated - See highlighted section at the bottom of this post

On March 5th, 2015, the BC Minister of Health, Hon. Dr. Terry Lake introduced Bill 14, Tobacco Control Amendment Act, 2015 for first reading.

The Bill amends the Tobacco Control Act by adding electronic cigarettes, vaporizers and vapor into the act, regulating sales and use of the products in the same way that tobacco is regulated, while recognizing them as separate products in specific regulations. The Health Minister would not accept comments from the public nor from industry prior to the bill passing. ECTA was able to meet with and express concerns about the lack of consultation to the opposition Health Critic ahead of 3rd reading.

Bill 14 received Royal Assent on May 14th, 2015.

The first 3 potential regulations were released in September, with requests for comment by stakeholders on the following:

1. Date of coming into force [Proposed February 1st, 2016]
2. Minimum age of customer [Proposed same as the current requirements for tobacco]
3. Proof of age [Proposed same as the current requirements for tobacco]
4. Place where vapour products cannot be sold [Proposed same as the current requirements for tobacco]
5. Prohibitions on display or promotion of vapour products [Proposed same as the current requirements for tobacco]
6. Retail signage restrictions [Proposed limited promotional signage where youth may enter, unlimited for adult only retail areas so long as it is not visible outside of that area]
7. Use of vapour products in public spaces and workplaces [Proposed increases the buffer zone for tobacco from three metres to six metres and sets the same buffer zone of six metres for vapour products. The rest is the same as the current requirements for tobacco]
8. Restrictions on use of tobacco and vapour products on health authority sites [Proposed restricted at sites owned, leased or operated by BC Health Authority entities with an option for designated areas if the facility so chooses]

ECTA submitted a briefing and some supporting documents (Bibliometric Study, BMC Public Health 2014 and Common arguments criticizing electronic cigarettes in terms of use and safety, and science-based response) requesting amendment to some aspects, and additional time for existing businesses, who will now be required to change their business models, store interiors and exteriors to comply with the pending regulations.

If these regulations are not amended, they will come into effect in February 1st, 2016.

### Update - February 12th

A response was received to an update request regarding the implementation date for the regulations.  The Health Minister's office responded with:

Given the large volume of feedback we have received, we are still currently in the process reviewing submissions. Because of this it was determined that we would not be bringing in regulations on February 1, 2016 (the potential date mentioned in the consultation paper). As we move forward in the process, staff will be able to confirm the implementation date and we expect this to happen soon.

We will keep you posted as we learn more.

All electronic devices are vulnerable to battery and device failure. These occurrences, while rare, are documented internationally and affect many products including laptops, tablets and cell phones - all of which share unique technology components with electronic cigarettes and personal vaporizers.

Malfunctions in most regulated commercial electronic cigarette / personal vaporizing devices result in that device shutting down temporarily or permanently. Mechanical and Hybrid vaporizers (advanced devices preferred by some), require greater safety and care as they generally do not contain internal safety regulators.

The lack of federal regulation and a growing concern for consumer safety requires that ECTA take action now. While it is not within our mandate to solve every issue that the government has yet to regulate, we strongly believe the safety of consumers is not something that can wait.

In line with the above, we have released a policy that all members are expected follow. The following product classes should be accompanied with the corresponding warning (see below) as either a label/sticker or printed handout:

The policy has been implemented as follows:

To help facilitate nationwide safety, in addition to ECTA members, we are providing these materials to the entire industry, irrespective of ECTA affiliation. You may download and distribute this release from here: en | fr (being translated)

Links for just the attachments are below.

Many of the reported incidents can be attributed to improper use of or handling of the devices. Anyone considering the purchase or use of a Mechanical and Hybrid device should become educated on the aspects and inherent risks of those devices. A few resources can be found here:

Please Contact Us if you have any questions about ECTA's Member Policy

CAC/ISO/TC126/SC3 - Vape and Vapour Products has been established to develop international standards ranging from product safety, testing, and terminology. This is an extremely significant step towards ensuring high quality products and consistent testing methods for vape products to be recognized and adopted world wide.

As part of the process, and in partnership with ISO, the SCC (Standards Council of Canada, a federal Crown corporation) has established a new mirror committee representing Canada's interest in the development of standards on the international level. Part of this committee's responsibilities include reviewing, commenting, voting on draft proposals, proposing new work items, and nominating members as Experts. Experts participate in the work groups that develop draft standards.

We are proud to announce that ECTA Chair and CVA board member, Daniel David, has become a member and is currently working on the SCC mirror committee. As a highly experienced member of the Vape industry, Daniel can provide a wealth of valuable knowledge, industry perspective, and input, on the development of these standards.

If you are not familiar with the SCC or their role, taken from their website:

The Standards Council of Canada was created by the Government of Canada as a Crown corporation in 1970 with a mandate to promote efficient and effective standardization in Canada.

As the leader of Canada’s standardization network, SCC leads and facilitates the development and use of national and international standards and accreditation services in order to enhance Canada’s competitiveness and well-being.

So, yeah... This is kind of a big deal for the industry, worldwide.

A public online consultation is being performed by Ottawa Public health to obtain input on non-tobacco substances in public places and work places. This is likely being done in advance of proposing and implementing new municipal restrictions because on November 25 of last year, city council asked staff to consult with stakeholders about regulating the use of e-cigarettes and "non-combustible substances" such as water pipes or hookahs.

While it is great that consultation is being done, it is unfortunate that it is being done in a combined fashion. At the end of the day, smoke is Smoke and vapour is NOT Smoke.  Public Heath has not assisted with any needed education on the significant differences between the two so the general public will likely not make the distinction in their responses.

They DO however, clearly distinguish with different questions between vapour and smoke but questions are still asked in a very "leading" manner to a specific answer in the restrictive.

There are three ways to comment on expanding Ottawa’s bylaws:

• Fill out the online survey
• Send an Email to Ottawa Public Health at healthsante@ottawa.ca
• Call the Ottawa Public Health information line at (613) 580-6744

More information is available in the Let’s Clear the Air 2.0 consultation plan:

Directs staff to review and consult with relevant stakeholders on the potential to expand by-laws to regulate the use of electronic cigarettes and smoking of non-tobacco combustible substances in public places and work places; and

Please participate in this consultation and answer the questions carefully. There is a final question in the survey that will allow you to expand on any answers and/or provide additional comment.

First and foremost, Happy New Year to everyone! May the New Year bring good (or at least better) regulation to our industry!

The short of the long is, as of January 1, 2016:

• It is illegal to sell or supply electronic cigarettes (e-cigarettes) and component parts (e.g. battery, atomizer) to anyone under 19 years of age
• Retail locations must have two (2) different signs: Age restriction sign, Identification sign

There is a concise outline of the new rules here:
http://www.ontario.ca/page/electronic-cigarette-vape-rules

For most of us, this is no real change except for the sign specifics and the "legal requirement" to check photo id. A majority already had signs and/or self-enforced the age requirement.

If you have not already done-so, TRAIN YOUR STAFF on proper procedure for Checking Identification:

• Ask for I.D. from everyone who looks under 25
• Familiarize yourself with the acceptable I.D.
• Follow the three easy steps for checking I.D.
• Recognize fake I.D.
• If in doubt – do not sell

Signage should be obtained from your local Public Health Unit. We have been told that most of them do not yet have the new signage but that it should be received within the next few weeks. They said that once they are received, inspectors will be delivering the signage to locations known to sell electronic cigarettes. It is your responsibility to obtain the required signage which means that you MUST contact them so that they know to come to your location. The inspector will be able to assist with placement of the signs, review the regulations and go over any questions you may have.

NO OTHER NEW LAWS ARE IN EFFECT

This means that you can (for the time being) continue to use the devices indoors, obviously at the discretion of the location. You can continue to openly talk about and sell your products in plain view. It is "business as usual" in all other aspects.

That is NOT to say that this is any sort of "win". It is NOT a win at all. It is simply a delay on the additional regulations that have been proposed. They ARE coming and they are not at all favourable in their current form and they will be implemented very soon (within the coming months). That means we still need to continue to strive for and convince our regulators that these regulations are not appropriate for these products.

There is at least one petition that we are aware of that is being circulated within the retail shops that we would encourage people to use. It can be downloaded from here, a Facebook Group (Vapor Advocates of Ontario) or contact Stinky Canuck. Their petition contains instructions, appears to follow the requirements for petitions and should be suitable for submission to parliament.  GET THOSE SIGNATURES!

Additional reference for what is in force and where the information is located:

The "Date in Force" for one of the two entries for the Electronic Cigarettes Act, 2015 has been updated on the Ontario Proclamations page with the anticipated date of January 1st, 2016 This means there are new laws in effect for Electronic Cigarettes in Ontario. This proclamation activates the following sections of Bill 45, Schedule 3 (Consolidated Version of Schedule 3):

• 1 : Definitions - Legal definitions of "things" related to the act
• 2 : Selling or supplying to persons under 19 - You can't
• 6 : Signs in retail stores - These must be specific and in specific locations
• 9 : Vending machines: general prohibition - You can't
• 10 (4), (5) : Prohibition - As it relates to actions an employer can (or cannot, as it were) take against an employee for complying with the act
• 13 : Inspectors - What they can do and how it will be done
• 14 : Offences - The fines that will be imposed for different violations
• 15 (1) (a)-(f), (h), 15 (2) : Regulations - General "stuffs" related to regulations
• 16 : Crown bound - Binds the Crown to the act

The Regulations that apply to the act have also been updated and Sections Activated based on the proclamation above:

• 1 : Signs - Just says they must be conspicuous and not obstructed from view
• 2 : Identification of persons to be at least 19 - Defines what is suitable for identification purposes
• 3 : Signs at retail - Describes requirements for the signs to be used
• 10 : Procedure for employees - Defines the procedures that employees for complaints

If you have any questions about these new laws, please let us know.

** NOTE:  This news entry has been updated.  See the HIGHLIGHTED updates at the bottom of the article.

We have been getting a lot of questions about what is happening in Ontario with Bill 45, Schedule 3 (Electronic Cigarette Act).

=== EDIT for clarity ===

NO PROCLIMATION DATE HAS BEEN NAMED BY THE LIEUTENANT GOVERNOR. Until that date is named by the Lieutenant Governor, these regulations are still only "proposed" and "pending". Regulations ARE coming but at this time, we only know the "proposed" date and nothing is certain.

Within Bill 45, Schedule 3 (Electronic Cigarette Act), Commencement (Section 19) states "The Act set out in this Schedule comes into force on a day to be named by proclamation of the Lieutenant Governor."

Searching the Ontario Proclamations website (here) for Electronic Cigarette Act, 2015 clearly indicates that no Date in Force has been specified.

Be ready, however.  You should be able to obtain your signage from your local public health unit.  Do not get caught short because the regulations ARE coming.  It's just a matter of "when" are they in Force.

=== End EDIT ===

Well, that time has come. We received this email which outlines what is happening with the regulations: Click Here

In brief, the new pending regulations that are supposed to go into effect on January 1st, 2016 under the Electronic Cigarettes Act, 2015 covers:

• Prescribes the signs that retailers must display to customers;
• Prescribes the signs that employers and proprietors must post about the ban on using e-cigarettes in certain places;
• Further prohibits e-cigarette use in smoke-free places such as bar and restaurant patios, children’s playgrounds, publicly owned sporting areas, 9 metres from the entrances and exits of certain health care facilities, and the outdoor grounds of public hospitals, private hospitals, psychiatric facilities and certain office buildings owned by the Government of Ontario;
• Prescribes the procedure which must be followed when a home health-care worker exercises his/her right under the Act to leave a home without providing any further services because a person has refused to stop using an e-cigarette in the presence of the worker at the request of the worker;
• Prescribes the procedure that applies when an employee complains that his or her employer has committed an act of reprisal in violation of the Act; Specify that the ban on selling or supplying an e-cigarette to a minor does not apply if the minor is a medical marihuana user who intends to use the e-cigarette for medical purposes;
• Specifies that the ban on using an e-cigarette in smoke-free places does not apply to a medical marihuana user who uses an e-cigarette for medical purposes; and
• Specifies that the ban on using an e-cigarette in an enclosed workplace and enclosed public place does not apply to an actor who uses an e-cigarette in a stage production

The pending regulation details are posted here: http://www.ontario.ca/laws/regulation/150337

In plain English, for businesses this means:

• You will need some signs at the workplace and/or retail shops
• No sales to anyone under 19 (Only certain ID types are acceptable)
  • A driver’s licence issued by the Province of Ontario with a photograph of the person to whom the licence is issued.
  • A Canadian passport.
  • A Canadian citizenship card with a photograph of the person to whom the card is issued.
  • A Canadian Armed Forces identification card.
  • A photo card issued by the Liquor Control Board of Ontario.
• No using the device (Vaping) in workplaces or retail shops
• No diagnostics in workplaces or retails shops if it requires turning on the assembled device (that’s using the device)

At the end of the day, if you are not allowed to smoke tobacco cigarettes, you are not allowed to use your device.

So, despite all efforts to make any positive changes for use of Electronic Cigarettes, the office of the Ministry of Health and Long-Term Care has chosen to take a hard line for strict regulation, for now.

The regulations that cover Promotion and Display have NOT been drafted yet, which means they would not be in effect. They are supposed to be released for comment sometime in 2016 to be effective in 2017.  This means you can still show and talk about the products with customers.

** UPDATE: December 16, 2015

CBC just posted an article where the Associate Minister of Health and Long-Term Care, Hon Dipika Damerla is quoted as follows:

Damerla said her government would proceed with a ban on selling e-cigarettes to minors beginning January 1, "but we will not be proceeding with the piece around where you can and cannot use electronic cigarettes."

This is not a win for the industry, "yet" because the article goes further to say:

Damerla said the government committed to reviewing regulations around where medical marijuana can and cannot be vaped and "in that context we've just made the decision to bring all of the regulations around where you can and cannot vape at once."

So this will only be temporary in that we still may not get an exemption for using the devices within Vape Shops.

Stay tuned...

** UPDATE:  December 18th, 2015

A statement was released today by the Associate Minister of Health and Long-Term Care on New Laws for Electronic Cigarettes and Tobacco.  Although we have not seen an actual change in the posted, pending regulations, Hon. Dipika Damerla stated the following:

"Effective January 1st, 2016, the sale and supply of e-cigarettes to those under the age of 19 will be banned."

"Early in the new year, we will move to restrict where e-cigarettes can be used. As always, we welcome continued input from all stakeholders as we work together to help protect Ontario's youth from the dangers of tobacco and the potential harms of e-cigarettes."

This means, the only restriction that is being applied to Electronic Cigarettes at this time is the "No sales to anyone under the age of 19" which we've been in favour of and requested from the beginning.