New Vaping Legislation Designed To Protect Kids Now In Effect

As of midnight February 1st Saskatchewan has caught up with other provinces when it comes to vapour or vaping regulations. 

From today forward vaping will be treated like tobacco is when it comes to where it may be legally used, what age a person needs to be to purchase it and an advertising ban will be in place to prevent potential marketing to those under 18 years of age. The provisions are the same as tobacco.

The legislative changes, which were unanimously passed by the provincial legislature, were a result of a series of health related episodes and deaths because of vaping.

A new illness EVALI (e-cigarette/vaping-associated lung injury) was coined as concerns rose with 54 deaths and 2,500 hospitlized in the United States. Canada had 14 reported hospitalization cases as of December 2019.

Many of the cases of reported chronic lung disease were amongst young people who often had never smoked in their lives as teenagers and others chose vaping as a “healther” alternative to smoking.

The province’s move has the support of various health groups.

“The Lung Association and its Youth4Change groups congratulate the government on the implementation of The Tobacco and Vapour Products Control Act.  This is a great day for lung health as there has been a dramatic rise in youth vaping over the past few years and this will help protect the health of Saskatchewan kids,” Jennifer May, Vice President of Community Engagement at the Lung Association of Saskatchewan, said in a statement.

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Under the new provincial legislation tobacco smoking and now vaping may not take place within three metres of a doorway, window or an air intake of a public building unless the municipaity has more stringent rules at which time the more stringent rules take precedence.

In the City of Moose Jaw the distance people may smoke or vape is 10 metres from a doorway, window or air intake for a public building according to The Smoking Bylaw.

Under the new provincial legislation it is now illegal to not only smoke but vape in a school yard throughout the province.

In 2019 Prairie South School Division banned the use of e-cigarettes and vaping in its schools and schoolyards due to the health risk and the number of students using vaping products.

Additionally, just as in tobacco smoking, it is now illegal under provincial legisation to vape in a vehicle where there is a person under the age of 16.

For people vaping the basic new provincial restrictions are:

  • Restrict the use of vapour products in and around public buildings, including schools and school grounds.

  • Prohibit people from using vapour products within three metres of a doorway, window or air intake of an enclosed public place.

  • Prohibit use of vapour products in vehicles with persons under 16 years of age.

The legislation takes direct aim at convenience stores that up until midnight today could display and advertise e-cigarette and vaping products.

On the sale and advertising of vaping products the basic new restrictions are:

  • Restrict the sale of vapour products to individuals 18 years of age and older.

  • Prohibit the display of vapour products in a retail business where young persons have access.

  • Prohibit the sale of vapour products from specified facilities such as amusement parks, arcades and theatres where youth frequent.

  • Restrict advertising of vapour products in the same manner as tobacco products by prohibiting advertising signs and promotional signs in areas where young persons can enter.

Testing or sampling of vapour products will still be allowed in adult-only vape stores, with the following conditions:

  • A customer can sample a vapour product in the store if they are sampling products they intend to purchase and consume off-site.

  • The proprietor and employees of a retailer of vapour products may sample the products for the purpose of sale, when the store is not open to the public.

  • Retailers must take reasonable steps to minimize the drifting of vapour into adjacent areas where the use of vapour products is prohibited.

Proprietors of public buildings and businesses arre required to take reasonable steps to prevent use within the prescribed distance of entryways, windows and air intakes. Signage is required and is available for free from the local public health office.

Free signage available through local public health offices - source Government of Saskatchewan

Free signage available through local public health offices - source Government of Saskatchewan

The Tobacco and Vapour Products Control Act provides the government with the ability to restrict the sale of flavoured vapour products. At the present time the restrictions are not yet in place as the government has sited the need to hold consultations with the industry.

For more information on the changes please go to https://saskatchewan.ca/vaping

RESPONSES IN OTHER COUNTRIES

Possessing and using vaping products in Thailand may land a user in prison whereas other countries such as Cambodia, Lebanon, Philippines and Vietnam and India banned the products in 2019 and heavy fines for breaking the prohibition may result.

Taiwan has classified e-cigarettes as a restricted drug and their possession and use could lead to prison time.

Brazil banned the production and sale if e-cigarettes in 2014 and officials there have confiscated and fines tourists for bringing in theit own personal devices.

Uruguay banned e-cigarettes outright in 2009 after declaring they had no health value but were determental to health.

Jordan, Oman and Qatar have banned e-cigarettes because nicotine is damaging to health although cigarettes are still legal.

The United States had a compromised response to restricting flavoured vapes which angered both sides in the debate.

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