It is proposed that a person must not smoke or vapourize:

• in a vehicle for hire;
• in, or within six (6) metres of, an enclosed or partially enclosed shelter where persons wait to board a vehicle for hire or public transit;
• within six (6) metres of a sign post or sign designating a place where persons wait to board a vehicle for hire or public transit;
• within six (6) metres measured on the ground from a point directly below any point of any opening into any building including any door or window that opens or any air intake;
• in a customer service area;
• within six (6) metres of the perimeter of a customer service area;
• on, or within twenty-five (25) metres of, any outdoor sport facility or playground;
• within an open space area;
• in a place of public assembly;
• in a building, premises or facility that is owned or leased by the City, other than a rented dwelling; or
• a hospital or health clinic.

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.

A further summary with some highlighted points

• All restrictions on sale, display, promotion and use applies to E-Liquid (with or without Nicotine) and the devices
• Age restricted sales to only adults over the age of 19
• Signage will be provided by the Ministry of Health. You MUST contact your local regional health authority. There are different signage requirements for “Vaping Products”, “Tobacco Products” and “Vaping and Tobacco Products”.

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…

Regulator Watch also released a video which contained an interview with Canadian Vaping Association regarding the regulations.  It seems they agree that it could have been much worse considering where the regulations started.

Here is the bill itself.  To download the document, click the Download PDF button on the toolbar.

Bill 14 – 2015_ Tobacco Control Amendment Act, 2015

Please let us know if you have any questions.

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.

The use of vapor products is prohibited on the Salmon Trail, within 3 m of bus stops, in any green space including playgrounds, playing fields, spray park, pool, skate and/or bike park or trail. The new definition of smoking includes electronic cigarettes, waterpipes and other weeds and substances. Use of these products is prohibited in all civic buildings, but not other buildings to which the public has access.

The bylaw prohibits use of vapor products at all parks, including off-leash dog parks, playgrounds and outdoor public spaces, within 15 metres of the entrance to any public pool or ice rink, within 10 metres of a bus stop and on any trails. Events that take place on City owned or controlled land and City parking lots are also included in the bylaw. The broad definition of smoking includes electronic smoking devices and any other “oral smoking devices.”

Use of vapor products is prohibited on and within 7.5 m of patios, in or within 7.5 m of an enclosed or partially enclosed transit shelter. Smoking is also prohibited within 7.5 m of beaches, wading pools or swimming pools. The bylaw states that smoking (which includes use of vapor products) is prohibited within 7.5 m of the areas of a municipal park, or playground where there are playing fields, picnic areas, food concessions or children’s play equipment present, or organized fitness activities taking place. Smoking and Vaping is not allowed anywhere on the grounds of any municipal recreational facility or within 7.5 m of any community centre or daycare facility.

• Bylaw No. 11023 – Amendment No. 2 to Parks and Public Spaces Bylaw No. 10680
• Bylaw No. 10680 – Parks and Public Spaces Bylaw

Broad definition of smoking. Use of vapor products is prohibited in all parks, which are defined as “any real property owned or subject to a right of occupation by the City for the purposes of pleasure, recreation or community uses of the public including public parks, playgrounds, public squares, pathways and other public places and all improvements and shall include all beaches and other public areas adjacent to lakes or streams including foreshore or land covered by water; but does not include the travelled portion of a highway.” In the amended version of the bylaw (March 2015), clause 3.36 now states that, “No Person shall Smoke in a Park or Public Space except in a designated Smoking area.” Vapor products are included. The new definition of public places now allows staff to prohibit smoking around a public transit exchange, bus shelter or bus stop, as well as on all municipal property. Smoking is also prohibited on the surface of Okanagan Lake and the lake foreshore.

The use of vapor products is prohibited: inside a Public Building; within 7.5 m of an entrance to a Public Building, or of any air intake or window of a Public Building; in specific locations of a City park, i.e.: on or within a 7.5 m buffer zone surrounding a playground, beach or playing field; in, or under an outdoor recreational structure, including, but not limited to bleachers, grandstands, gazebos, seating areas; at a City cemetery or a cemetery the City is licensed to maintain; in or within a 7.5 m buffer zone of a transit bus shelter; and during Outdoor Special Events.

There is no explicit exemption for vape shops.

This Bylaw modifies or adds the following definitions:

“Burning” means to produce smoke, vapour or other substances that can be inhaled “Smoke” or “smoking” includes burning a cigarette or cigar, or burning any substance using a pipe, hookah pipe, lighted smoking device or electronic smoking device “Vapourize” or “vapourizing” means to inhale or exhale vapour produced by an electronic cigarette, electronic pipe, electronic hookah or other similar device that can be used to deliver nicotine or other substances.

Use of vapor products prohibited on or within 6 m of a customer service area (includes all patios regardless of whether or not they are covered by a roof); within 6 m of entrances, windows that open and air intakes; in an enclosed or partially enclosed shelter where people wait to board a vehicle for hire or public transit.

The bylaw also prohibits electronic cigarettes, inside public places and workplaces. The Board of Parks and Recreation is authorized to enact bylaws to regulate use in parks for the care, promotion and protection of the health of people in parks. This amendment, passed 22 June 2010, came into effect on 1 September 2010.

The latest addition to the bylaw prohibits the use of vapor products everywhere smoking is prohibited, as of October 1, 2014. Restaurants will be required to update their no smoking signs to include e-smoking language by 30 September 2016.

NOTE: On 11 August 2014, the BC Provincial Court upheld in its entirety Vancouver bylaw provisions banning all water pipe smoking in public places, including restaurants, cafes, bars and patios. The Vancouver bylaw bans smoking of anything, not just tobacco, in public places.

Vapor products may not be used in any building, structure, park or public space within the Village of Harrison Hot Springs.