The Non-Smokers Health Protection Amendment Act (E-Cigarettes) – Proclamation October 1st, 2017

The Non-Smokers Health Protection Amendment Act (E-Cigarettes) – Proclamation October 1st, 2017

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 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

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 .

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 .

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

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…

One Response to The Non-Smokers Health Protection Amendment Act (E-Cigarettes) – Proclamation October 1st, 2017

  1. It doesn’t have tobacco! It is not burned! It has nicotine in which a lot of plants have like tomatoes! It has no second hand smoke effects on people around vapors! It helps people quit cigarettes without the harmful effects of the 2000+ chemicals that mind you are cancerous that are found only in cigarettes! All of the crap scientific studies on vaping have been debunked and yet stupid people still believe they are true as they have been found out to be false.

    Do you know how many kids under the age of 18 smoke and buy their cigarettes straight from from gas stations and convenience stores? I know at least 10 and those places never get caught or fined for doing so and they keep doing it. My daughter has freinds at the age of 14-16 that smoke and buy their own and if a place won’t sell to them they just wait for an adult that will buy them for them, when will these be enforced?

    Nicotine gums, patches and inhalers should also fall under being tobacco as they contain nicotine as well. They should not be advertised on tv either and have to be generalized into the tobacco act as well. You can’t do this to vaping and not pass the bill to include pharmaceutical dwvices to quit smoking as well seeing as the ingredient being attacked is the nicotine portion!
    As the rules stated in this bill makes pharmaceutical quit smoking aids the same as vaping and should also have all of the same restrictions and they also have an extremely low success rate to boot, less than 5%.

    This bill is a joke and you people should be ashamed of yourselves.