Manitoba Bill 30, The Non-Smokers Health Protection Amendment Act (E-Cigarettes)

Manitoba Bill 30, The Non-Smokers Health Protection Amendment Act (E-Cigarettes)

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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