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What may become the Tobacco and Vaping Products Act is in an early legislative process with the introduction and first reading in the Senate, yesterday. The progress of what is named the Act to amend the Tobacco Act and the Non-smokers’ Health Act and to make consequential amendments to other Acts, sponsored by Senator Peter Harder, can be followed on the Parliament of Canada’s website.

A legislative vacuum

Vaping products had been left in a legislative vacuum since their introduction in Canada. Under the pressure of different entities, rarely pro-vaping ones, some Provincial governments proposed or imposed home-made regulations that have been vigorously criticized by vapers, associations of vapers and even by health professionals. Some other provinces decided to wait until the Federal Government gives clear directives about the regulation of these products.

With the Tobacco and Vaping Products Act, vaping products could be regulated as a class distinct from tobacco products. Regulating vaping products, pointed out the officials, was mandatory to make them less accessible to youth but the regulation will also allow adults to access vaping products as likely less harmful alternatives to tobacco use and protect the health and safety.

The new Tobacco and Vaping Products Act could amend the current Tobacco Act, Non-smokers’ Health Act, Food and Drugs Act and Canada Consumer Product Safety Act.

Measures directly related to vaping products will include:

  •  a definition of “vaping product” that includes parts and e-liquid but does not refer to nicotine content,
  • provisions restricting sales to youth,
  • provisions preventing youth-oriented advertising,
  • provisions restricting certain flavours that appeal to youth (especially a ban on candy and dessert flavors),
  • requirements for child-resistant packaging to help protect children from nicotine poisoning,
  • standards for hardware, e-liquid ingredients and e-vapor emissions,
  • harmonization with compliance and enforcement authorities with Health Canada.