Newfoundland and Labrador Bill 35, An Act to Amend the Smoke-Free Environment Act, 2005 and the Tobacco Control Act

Newfoundland and Labrador Bill 35, An Act to Amend the Smoke-Free Environment Act, 2005 and the Tobacco Control Act

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.

NL - 2016 BILL 35

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