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Before the law, vaping products were already prohibited to minors in the shops

The Quebec National Assembly unanimously adopted, on 26 November 2015, a “law to strengthen the fight against smoking”. Some measures have already come into effect, in particular some smoking and vaping bans. The implementation schedule is spreading out over one year.

Besides tightening measures towards tobacco, the new law severely treats the electronic cigarette (with or without nicotine) which is now considered a tobacco product, with its cohort of restrictions and prohibitions.

Its sale to minors is prohibited, advertising restricted and use prohibited where smoking is also prohibited. The government gave no exception. It is now prohibited to vape in the “vapoteries”, the shops dedicated to electronic cigarettes.

Listen to comments by Lucie Charlebois, Deputy Minister for Rehabilitation, the Youth Protection and Public Health, interviewed by Michel Lapointe on the francophone radio Outaouais 104,7FM:
“The vapers can try their products among them. There is no need to try it in the shop, its use simply needs to be well explained.”

We spoke with Jean-Philippe Boutin, alias Genfelip on social networks. It is a Quebecois vaper, passionate for this product that he says ”saves lives”. He is the editor of popular reviews on vaping products and works in a specialty store in Gatineau, near Ottawa.

Listen to comments by Genfelip in our French pages:
“Four years after quitting, I’m again a smoker in front of the law.”

“There is no way to let smokers test the electronic cigarette, e-liquids or test acustomer’s equipment if there is an issue.”

“The fines* are very high, there is no other choice than complying to the law.”

“The products will remain visible inside shops and presented to customers, unlike Ontario.”

“The vapers and professionals were surprised by the vaping ban in shops.”

“The law does not address the quality of vaping products and there is still no regulation on this subject.”

“We must keep fighting. Many “independent” petitions have emerged but will not be very efficient. It must be organized differently.”

Implementation schedule:

November 2015

  • Advertising on electronic cigarettes subject to the same rules as those for tobacco
  • A maximum of 20% of smoking rooms in hotels and hospitals
  • Obligation to show a valid ID with a picture
  • Increase of the price of fines for retailers
  • Prohibition of associating tobacco brands to electronic cigarettes

May 2016

  • Ban of all flavors, including menthol, for all tobacco products – except for electronic cigarettes.
  • No smoking in private vehicles in the presence of minors under 16 years.
  • No smoking on children’s playgrounds (and within nine meters from the perimeter) and on sports fields (including the area of ​​the spectators)
  • No smoking on public terraces (bars and restaurants)
  • No smoking on school grounds, child care centers, and other educational institutions at all times (not only the hours during which young people are there)
  • Increase of the price of fines for various offenses under the Act. For example, anyone who smokes in a place where it is prohibited is now liable to a fine of $ 250 to $ 750.

November 2016

  • No smoking within 9 meters of any door of a public institution, and any air intake or window. (The law foresees shelters for smokers outside a radius of 9 meters of any door and any windows or air intake)
  • Ban on rebates, discounts that tobacco industry offers to retailers for advertising or selling their tobacco products.
  • The warnings on packages takes more space and is more visible. The new standards will make it illegal to sell the small stylized packets, very popular among young people.

* The first fine should cost about 25 000 Canadian dollars (TBC), or approximately € 35,000. For a second offense the fine may reach 125 000 Canadian dollars , about € 88,000.

  • Write For Your Rights link: http://www.writeathon.ca/organiser?login=1764-0863e8f80914f527481e4ee53ce228d8

    Banning vaping in public deceivingly implies that vaping is dangerous which will discourage smokers from switching and lowers social support

    It will force vapers outside with smokers: encourages them to relapse back to smoking and exposes them to second hand smoke
    It will degrade the potential to normalize vaping as a harm reduction alternative for smokers unable or unwilling to quit smoking using other methods

    reduction
    It illustrates an official implicit endorsement of disproportionate risk perceptions about electronic cigarettes – makes them look as bad as cigarettes
    Legislation and policy-making without evidence or ethics creates distrust in public health policies and government motives

    It stigmatizes and punishes vapers for choosing the ‘wrong way’ to quit or reduce personal harm – implicitly classes vaping as a deviant behavior rather than

    a public health success.

    Smokers/vapers need to taste test e-liquids, which is very important for successful introduction to vapeing from smoking.

    New vapers/smokers need to learn how to use the products safely and confidently to insure a successful transition.

    Proper promotion must be permitted in order to reach over 4.5 million Canadian smokers still out there who have thus far been misinformed about vaping and

    its benefits over smoking cigarettes. The evidence is available and still growing ie: numerous professional reports from health organizations and independent

    professional Tobacco Control experts.

    And finally as a representative on behalf of millions of smokers worldwide and one of the founding member of THRA who now has access to over 450,000

    vapers in Canada alone; we are not just anecdotal evidence of a new fad or culture. We have found a safer alternative to smoking which has been cause of a

    world health tragedy to both smokers and their families for decades.

    Banning vaping in public deceivingly implies that vaping is dangerous which will discourage smokers from switching and will lower social support.
    It will force vapers outside with smokers: encouraging them to relapse back to smoking and exposing them to second hand smoke.
    It will degrade the potential to normalize vaping as a harm reduction alternative for smokers unable or unwilling to quit smoking using other methods.
    It illustrates an official implicit endorsement of disproportionate risk perceptions about electronic cigarettes – makes them look as bad as cigarettes.
    Legislation and policy-making without evidence or ethics creates distrust in public health policies and government motives.
    It stigmatizes and punishes vapers for choosing the ‘wrong way’ to quit or reduce personal harm and implicitly classes vaping as a deviant behavior rather

    than a public health success.
    Banning vaping in vape stores impedes a successful transition to vaping. Smokers/vapers need to taste-test e-liquids, which is very important for successful

    introduction to vaping from smoking. New vapers need to learn how to use the products safely and confidently to insure a successful transition.
    Proper promotion must be permitted in order to reach over 4.5 million Canadian smokers who have thus far been misinformed about vaping and its benefits

    over smoking cigarettes. The evidence is available and still growing ie: numerous professional reports from health organizations and independent

    professional Tobacco Control experts. These reports are readily available and have been overwhelming submitted to all levels of government as well as

    most major medical and social organizations involved in Tobacco Control and/or tobacco research. . It should be noted that, Public Health England

    recognizes and recommends vaping as a thr method in their 111 page report released last week; specifically that vapour is of no danger to bystanders and

    vaping is at least a 95% safer alternative to smoking.
    Everyone is aware that smoking has been the cause of a world health tragedy for both smokers and their families for decades. As a founding member of

    THRA and therefore a representative on behalf of and over 450,000 vapers in Canada and on behalf of millions of smokers worldwide, we are not just

    anecdotal evidence of a new fad or culture; we have found a safer alternative to smoking.
    The HESA report from the federal level of our government concluded from evidence submitted by stakeholders that electronic cigarettes, balanced with fair

    quality control, are a game changer for public health and they are not a tobacco product to be impeded from the public by over regulation. Bill 45, Section 3,

    as it is written is overzealous and therefore suppressive regulation of this harm reduction strategy

    Ray Yeates, Director of Media Liaison

    Personal submission FDA and Bill 60 Nova Scotia re: http://nslegislature.ca/pdfs/committees/62_2_LACSubmissions/20141103/20141103-060-002.pdf

  • Unjust laws MUST be disobeyed. This legislation is not only unjust but also sanctions the tobacco industry and continues to mislead the youth and the public at large. I declare…. ” Foul Play” ! for stigmatizing smokers and now vapers while benefiting from Tobacco Sales Taxes. The only product on the planet taxed extremely out of range from the norm. Wall of Shame is past due for tobacco control standing by as smokers die!

  • Anothereno

    Decided in Supreme court any law that prevents people from acquiring a harm reduction product is unconstitutional, this law will be destroyed just give it time.

  • Thanks a lot for fruitful comments and interest in our pages. Let us know if you have local updates, we are very concerned by this case.