Public Health Background
The widespread use of tobacco products and their adverse health impacts has been a longstanding public health concern. Newfoundland and Labrador has made significant progress in reducing rates of smoking, but vaping products have introduced new issues, especially to youth. According to the Canadian Student Tobacco, Alcohol, and Drugs Survey (CSTADS), many youth perceive e-cigarettes as safer than traditional cigarettes. Approximately 60% of Canadian students felt there were great risks to smoking cigarettes on a regular basis, whereas 48% felt this way about e-cigarettes. Emerging research has shown that people who start smoking/vaping at a younger age are more likely to develop a severe addiction and find it difficult to quit. Individuals exposed to nicotine through cigarettes and/or vaping during adolescence are at a greater risk for experiencing negative effects on the parts of the brain that control attention, learning, working memory, motor coordination, mood, and impulse control. Once an addictive substance activates the reward circuit in an adolescent, there is an increased risk for continued engagement and future addiction to other drugs. Vaping products have not been approved in Canada as smoking cessation aids, as there is limited research to show their effectiveness. While vaping products contain less harmful chemicals than a traditional cigarette, the long-term effects of vaping are currently unknown.
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Definitions
The provincial Tobacco and Vapour Products Control Act defines the following:
- Accessory
Accessory means a product that may be used in the consumption of tobacco and includes cigarette papers, a filter, a pipe, a cigarette holder and a cigar clip.
- E-cigarette
E-cigarette means a product or device, whether or not it resembles a cigarette, containing a power source and heating element designed to vapourize an e-substance for inhalation or release into the air.
- E-substance
E-substance means a solid, liquid or gas for use in an e-cigarette that, on being heated, produces a vapour, regardless of whether the solid, liquid or gas contains nicotine, and that does not contain cannabis.
- Flavoured tobacco
Flavoured tobacco means tobacco that it has a characterizing scent or flavour, other than tobacco, that is noticeable before or during use, or both.
- Nicotine pouch
Health Canada describes nicotine pouches as a tobacco-free product that is placed between your gum and your cheek. It delivers nicotine to your body temporarily relieving cravings and symptoms of nicotine withdrawal and is intended to help current smokers quit. Nicotine buccal pouches are classified by Health Canada as a drug under the Food and Drugs Act. Depending on the amount of nicotine the pouch delivers, a nicotine buccal pouch would be considered a prescription drug (if it delivers more than 4mg of nicotine/dose) or a natural health product (if it delivers 4mg or less of nicotine/dose).
- Tobacco
Tobacco means tobacco in any form in which tobacco is consumed and includes an accessory.
- Vapour products
Vapour products means an e-cigarette, an e-substance, or a cartridge for or component of an e-cigarette.
- Water pipe
Water pipe means any ignited or heated smoking equipment used to burn tobacco or non-tobacco substances or a combination of tobacco and non-tobacco substances and draw the resulting smoke through a liquid before it is inhaled.
Legislative and Regulatory Overview
In Canada, law-making power with regard to health, food, and drugs is shared between the federal and provincial governments. The federal Tobacco and Vaping Products Act (TVPA) provides the authority for Health Canada to regulate the manufacture, sale, labelling, and promotion of tobacco products. Tobacco products are allowed on the Canadian market if they meet the requirements of the TVPA and its regulations, and any other applicable legislation. Along with federal laws, each province and territory also has laws in place for tobacco control. Federal regulations establish the minimum uniform prohibitions and restrictions that apply across Canada, and provinces and territories create laws that are intended for their jurisdiction.
The Department of Health and Community Services is currently exploring amendments to provincial tobacco and vaping-related legislation (such as the Tobacco and Vapour Products Control Act). In particular we are seeking your feedback on the following proposed amendments:
- prohibiting the sale of tobacco to persons born after a certain date;
- increasing the legal age to purchase tobacco products to 21; and
- prohibiting sales of tobacco through vending machines
There will also be an opportunity to provide feedback on vaping products.
Rationale
- Raising the Legal Age
Raising the minimum sale age for tobacco and vaping products to 21, banning non-tobacco flavors, prohibiting sales through vending machines, and requiring licensing for all premises selling vaping products have emerged as highly recommended measures for tobacco control.
Other jurisdictions, such as New Zealand and the United Kingdom, have considered another model of tobacco control, which seeks to prohibit the sales of tobacco and vaping products to all individuals born after a certain year. Any current consumers would still be allowed to purchase tobacco and vaping products throughout their lifetime, but current individuals born after the designated year would never be able to legally purchase tobacco and vapour products. It is proposed that this would eventually lead to a smoke-free generation as over time the number of people who are legally allowed to purchase tobacco and nicotine products would decrease.
- Prohibiting Non-Tobacco Flavoured Vaping Products
Youth are more willing to try flavored vapes, and flavor bans would likely reduce adolescent use. Approximately 70.8% of youth and young adults in a US survey reported they would stop using e-cigarettes if tobacco were the only flavor available, suggesting flavour bans would likely reduce adolescent use.
- Licensing Vaping Product Retailers & Prohibiting Sales through Vending Machines
Licensing vaping product retailers and prohibiting sales through vending machines would further reduce youth access to tobacco and vaping products. Licensing ensures that the Government is aware of all vaping product retailers and supports consistent monitoring and enforcement. Prohibiting sales through vending machines helps to ensure that youth aged 19 and 20 would not be able to purchase tobacco and vaping products in liquor establishments.
Get Involved
The Department of Health and Community Services is offering several options for individuals and organizations to participate and provide input. See details below. Thank you in advance for your participation.
Online Questionnaire
The online questionnaire closed on July 8, 2024.
Virtual Sessions
Individuals interested in attending the virtual session on Thursday, August 22, 2024 can register by emailing TobaccoEngagement@gov.nl.ca with their name and e-mail address. Registration is required to attend and will close on Wednesday, August 21, 2024. The virtual session is limited to 40 people. An additional session may be scheduled depending on the level of interest.
| Date | Location | Venue | Time | Registration |
| Thursday, August 22, 2024 | Virtual Public Consultation | Online | 10:00 am-12:00 pm NST | TobaccoEngagement@gov.nl.ca |
How Will Your Input Be Used?
The information received will be reviewed by the Department of Health and Community Services. All feedback will be considered in the development of potential amendments to the Tobacco and Vapour Products Control Act, the Smoke Free Environment Act, 2005, and other related legislation.
Privacy Statement
Any personal information that may be received will be governed in accordance with the Access to Information and Protection of Privacy Act, 2015 and will only be used for the purpose of informing participants of public engagement results at the end of the process. If you have any questions about how this information will be collected, used, and disclosed, please contact: ATIPP-Health@gov.nl.ca.
Contact Us
If you have any questions or additional comments, please contact TobaccoEngagement@gov.nl.ca.