Manitoba – ECTA of Canada http://ectaofcanada.com Electronic Cigarette Trade Association of Canada Sun, 11 Nov 2018 15:08:03 +0000 en-US hourly 1 https://wordpress.org/?v=4.8.8 http://ectaofcanada.com/wp-content/uploads/2016/05/cropped-ecta_50hw-32x32.png Manitoba – ECTA of Canada http://ectaofcanada.com 32 32 The Non-Smokers Health Protection Amendment Act (E-Cigarettes) – Proclamation October 1st, 2017 http://ectaofcanada.com/the-non-smokers-health-protection-amendment-act-e-cigarettes-proclamation-october-1st-2017/ http://ectaofcanada.com/the-non-smokers-health-protection-amendment-act-e-cigarettes-proclamation-october-1st-2017/#comments Sun, 10 Sep 2017 04:50:58 +0000 http://ectaofcanada.com/?p=2992 Manitoba Bill 30, The Non-Smokers Health Protection Amendment Act (E-Cigarettes) was signed into proclamation on August 30th, 2017.

Bill Summary / Committee from 2015

The Explanatory Note says:

  • This Bill amends The Non-Smokers Health Protection Act by extending its scope to include e-cigarettes.
  • The sale of e-cigarettes to children is prohibited.
  • The use of e-cigarettes is prohibited in enclosed public places and other places where smoking is presently prohibited.
  • E-cigarettes may be used in designated rooms in group living facilities and hotels, similar to the present exceptions allowed for smoking. Customers may use e-cigarettes to test or sample products in shops where the sale of e-cigarettes is the main business activity.
  • The Bill also provides for the regulatory ability to authorize e-cigarette use in beverage rooms and other places where children are generally prohibited.
  • Restrictions on the display and advertising of e-cigarettes, similar to the restrictions presently in place for tobacco products, are added.
  • The title of the Act is changed to reflect its inclusion of e-cigarettes, and there are consequential amendments to several other Acts.

While we do not completely agree with all that this bill entails, it is perhaps the most reasonable original draft bill proposed by any provincial government as of this date.

For the industry it means the following:

  • No sales to minors (Over 18 Only)
  • No display and promotion (Exemption for inside Vape Shops)
  • No vaping where smoking is not allowed (Exemption for inside Vape Shops)

This bill went to the Human Resources Committee after 2nd reading which held 4 meetings. Links to the Hansard Notes for each date:

  • Wednesday, September 9th ( HTML / PDF )
  • Monday, September 14th ( HTML / PDF )
  • Tuesday, September 29th ( HTML / PDF )
  • Wednesday, September 30th ( HTML / PDF )

The presentation that ECTA gave to the Committee:

Manitoba_Bill_30_-_ECTA_Presentation

The entire Act was proclaimed to go into effect on October 1st, 2017.

The Regulations behind the Act have been published on the Manitoba Laws website.

So… What does all of this mean…

The regulations behind the Act are not all that surprising. Our (non-legal) interpretation of the act with the published regulations is as follows for these these categories:

Vaping Product Retail

A vapour product shop has been defined within the regulations as a business where:
  • at least 85% of the floor space specific to the sale of vapour products
  • no food, beverages or other items or products, other than vapour products, are sold or otherwise supplied at the premises, other than the following:
    • clothing and other promotional items that display only the business name and logo of the vapour product shop
    • cases, batteries, battery chargers, mouthpieces, wire, coils, toolkits or other items or products intended for use only in relation to vapour products,
    • non-alcoholic beverages
No sales to anyone under the age of 18

Though we have not yet found a vaping product specific published list of acceptable identification, we assume that it will be the same as it is for Tobacco (Reference – Click “Continue to PDF” on that page):

  • Driver’s Licence
  • A Canadian passport
  • Government-issued certification of Canadian citizenship
  • Canadian permanent resident document
  • Canadian Armed Forces (Canadian Forces) identification card
  • Certificate of Indian Status card
  • Other documentation from a Federal or Provincial authority or a foreign government. An example may be a government-issued voluntary ID card.
Vaping is permitted in Vape shops, but there are rules

The owner of the shop, their employees and customers may vape in a vapour product shop to test or sample a product for the purpose of sale of the product for use elsewhere

The shop must be fully enclosed floor-to-ceiling, separating it physically from any adjacent area in which vaping is prohibited.

Drifting vapour

The owner must take reasonable steps to minimize the drifting of vapour into areas where vaping is prohibited.

Display, advertising and promotion is permitted INSIDE the vape shop, with rules

In order to display and promote your products, vape shops must comply with all of the following:

  • no one under the age of 18 is permitted inside the shop
  • the inside of the shop is not visible from outside
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Other Retail (C-stores, Gas Stations, Wal-Mart, etc.)

No sales to anyone under the age of 18

Though we have not yet found a vaping product specific published list of acceptable identification, we assume that it will be the same as it is for Tobacco (Reference – Click “Continue to PDF” on that page):

  • Driver’s Licence
  • A Canadian passport
  • Government-issued certification of Canadian citizenship
  • Canadian permanent resident document
  • Canadian Armed Forces (Canadian Forces) identification card
  • Certificate of Indian Status card
  • Other documentation from a Federal or Provincial authority or a foreign government. An example may be a government-issued voluntary ID card.
Vapour products cannot be displayed

Vaping products cannot be displayed where they might be visible to children

Vapour products cannot be advertised or promoted

Vaping products cannot be advertised or promoted where vaping products are sold:

  • in a location children are permitted
  • on an outdoor sign of any type, including
    • a billboard or portable sign
    • a sign on a bench, vehicle, building or other structure
    • inside a building, other structure or vehicle if the it is is visible from outside the building, structure or vehicle.
Product and price lists are allowed

Businesses can have specific signage that lists the vaping products, with limitations:

  • a maximum of one sign per till
  • a maximum of three signs in the location
  • the text of the sign must not be visible from outside the location
  • the maximum size of the sign is 968 cm2 (150 in2)
  • the sign must be white, except for its text, which must be black
  • the maximum height of a letter in the sign’s text is 18 mm
  • the text size and style must be consistent in all parts of the sign, and the text must not contain italics, bold type or underlining
  • the text of the sign must not identify or reflect a brand of a vapour product, or any element of such a brand

The sign must not contain any words, phrases or figures other than those set out in the model form of sign as seen here:

Notices for areas where vaping is prohibited

Signage will be required for areas where vaping is prohibited due to consequential amendments to the Correctional Services Act .

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Consumers / General

As a rule, vaping is not permitted in:
  • an enclosed public place;
  • an indoor workplace;
  • a group living facility;
  • a public vehicle (bus, train, etc); or
  •  a work vehicle, while carrying two or more employees.
No vaping in a vehicle with a child

A consequential amendment to the Highway Traffic Act makes it illegal to vape in a vehicle with a child under 16 years of age.

Exceptions for Group Living Facilities

Unless the facility is operated specifically for children, a room “may” be designated for smoking, vaping or combined smoking and vaping room.

Conditions for exception designation

To qualify for the exception, all of the following conditions must be met:

  • the room must not be frequented by in-patients or residents who neither smoke nor use e-cigarettes
  • the room must be fully enclosed floor-to-ceiling, separating it physically from any adjacent area in which vaping is prohibited
  • separate ventilation is NOT required for vaping designation

Exception for In-patients or residents of a group living facility

In-patients or residents of a group living facility “may” vape in designated exception area, if one exists.

Exceptions for Hotels, motels, etc

The owner of the hotel “may” designate guest rooms as vaping, provided they meet the conditions (below).

Conditions for exception designation

To qualify for the exception, all of the following conditions must be met:

  • the room is primarily used for sleeping
  • the room must be fully enclosed floor-to-ceiling, separating it physically from any adjacent area in which vaping is prohibited
  • separate ventilation is NOT required for vaping designation
The Owner must ensure no one vapes unchallenged when prohibited

The owner of a place, area or vehicle where vaping is prohibited must ensure that no person vapes

Notices for areas where vaping is prohibited

Signage will be required for areas where vaping is prohibited due to consequential amendments to the Correctional Services Act .

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Associated Fines

Vaping when prohibited

When vaping where or under conditions vaping is prohibited, the following fines apply:

Fines
Number of offences Amount
1st offence $100 to $500
2nd offence $200 to $750
3rd and subsequent offence $300 to $1,000
Proprietor failure to act

If a proprietor fails to take appropriate action to prevent either of the following, these fines will be applied:

  • drifting vapour from entering an area where vaping is prohibited
  • vaping in their place of business
Fines
Number of offences Amount
1st offence $500 to $3,000
2nd offence $750 to $5,000
3rd and subsequent offence $1,000 to $15,000
All other sections

For violations of any other sections in the Act or associated Regulations, the following fines apply:

Fines
Number of offences Amount
1st offence Up to $3,000
2nd offence Up to $5,000
3rd and subsequent offence Up to $15,000
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Summary

Our position remains the same on this Act.  While we are in full support of what this Act is trying to accomplish, there is a fundamental flaw that causes significant concern for our organization. This Act aligns vaping products with Tobacco when in fact, they are not Tobacco. They are actually disruptive technology, “anti-tobacco”, harm reduction tools.

At the end of the day, we are not very happy but it is the is the best, bad regulation from any province in Canada.

Silence is consent…

]]> http://ectaofcanada.com/the-non-smokers-health-protection-amendment-act-e-cigarettes-proclamation-october-1st-2017/feed/ 1 Manitoba Bill 30, The Non-Smokers Health Protection Amendment Act (E-Cigarettes) http://ectaofcanada.com/manitoba-bill-30-the-non-smokers-health-protection-amendment-act-e-cigarettes/ Fri, 06 Nov 2015 01:07:09 +0000 http://ectaofcanada.com/?p=325 The Manitoba Minister of Healthy Living and Seniors, Hon. Minister Deanne Crothers introduced Bill 30 The Non-Smokers Health Protection Amendment Act (E-Cigarettes) on June 1,2015 for 1st Reading.

The Explanatory Note says:

  • This Bill amends The Non-Smokers Health Protection Act by extending its scope to include e-cigarettes.
  • The sale of e-cigarettes to children is prohibited.
  • The use of e-cigarettes is prohibited in enclosed public places and other places where smoking is presently prohibited.
  • E-cigarettes may be used in designated rooms in group living facilities and hotels, similar to the present exceptions allowed for smoking. Customers may use e-cigarettes to test or sample products in shops where the sale of e-cigarettes is the main business activity.
  • The Bill also provides for the regulatory ability to authorize e-cigarette use in beverage rooms and other places where children are generally prohibited.
  • Restrictions on the display and advertising of e-cigarettes, similar to the restrictions presently in place for tobacco products, are added.
  • The title of the Act is changed to reflect its inclusion of e-cigarettes, and there are consequential amendments to several other Acts.

While we do not completely agree with all that this bill entails, it is perhaps the most reasonable original draft bill proposed by any provincial government as of this date.

For the industry it means the following:

  • No sales to minors (Over 18 Only)
  • No display and promotion (Exemption for inside Vape Shops)
  • No vaping where smoking is not allowed (Exemption for inside Vape Shops)

This bill went to the Human Resources Committee after 2nd reading which held 4 meetings. Links to the Hansard Notes for each date:

  • Wednesday, September 9th ( HTML / PDF )
  • Monday, September 14th ( HTML / PDF )
  • Tuesday, September 29th ( HTML / PDF )
  • Wednesday, September 30th ( HTML / PDF )

ECTA Presented to the committee on September 29th. (PDF)  While we are in full support of what this Bill is trying to accomplish, there is a fundamental flaw that causes significant concern for our organization. This Bill is aligning these products with Tobacco when in fact, they are not Tobacco. They are actually disruptive technology, “anti-tobacco” products.

During the first meeting, Minister Crothers opted to “repeal the ability to exempt adult-only establishments, such as bars and casinos, from the ban on use in enclosed public spaces where smoking is currently prohibited” after the first speaker, Erin Crawford (Canadian Cancer Society – Manitoba Office).

Supporting turnout for the first meeting was low but drastically increased for the remaining meetings which we believe had a direct impact on the current status of this Bill. If the opposition had their way, this bill would completely ban vaping, everywhere.

Bill 30 achieved Royal Assent on November 5th, 2015 and is currently in Proclamation, which means it “almost” enforceable. As of this date, there are no regulations (or pending regulations) for this bill.  Once the regulations are proposed and passed, it will be given an effective date of enforcement.

Our last communications with Minister Crothers on December 1st stated the following:

You are correct that while Bill 30 was passed and received Royal Assent on November 5, 2015, it has not yet come into force.  The in force date will be set once the regulations, which will outline specific requirements for some of the issues you mentioned, including signage, have been developed.

As part of the regulation development, Manitoba Health, Healthy Living and Seniors (MHHLS) will consult with stakeholders, including vape shop owners.  However, a time frame for this consultation has not been determined.

Should you have any further questions or concerns about Bill 30, please contact Mr. Andrew Loughead, Manager, Tobacco Control and Cessation, MHHLS, atAndrew.Loughead@gov.mb.ca or at 204-784-3900 in Winnipeg.

The session adjourned on December 3rd and at this point will not resume until February 15th.  The Provincial Elections are also coming up in Manitoba on April 19th. So when the consultation with stakeholders will be occurring at this point is unknown. If you are a stakeholder or vape shop owner, we strongly encourage you to keep in contact with Minister Crothers or Andrew Loughead.

We do not want to miss the opportunity of consulting on these regulations.

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