A Canadian Constitution Foundation report points out that the new vape regulations are not differentiating between vaping and smoking.
Last May, Nova Scotia approved a 20mg/ml nicotine cap on vaping products, tornando-se a primeira província canadense a adotar tal restrição. A mudança ocorreu após uma emenda que proíbe todos os tipos de cigarros eletrônicos com sabor e sucos, entrou em vigor em 1º de abril.
“Trata-se de reduzir as taxas,” said Health Minister Randy Delorey about the ban. “O que vimos nos últimos anos, desde que os cigarros eletrônicos se tornaram amplamente disponíveis no Canadá e, de fato, em grande parte da América do Norte é uma taxa de rápido crescimento, in particular youth vaping.”
The province has also approved a tax on vaping products, which has gone into effect on September 15th. Além disso, Nova Scotia will be among the first provinces in Canada, to require sales permits, a regulatory process that has been delayed due to COVID-19.
The report by the Canadian Constitution Foundation
The Canadian Constitution Foundation’s report, Canadian Vaping Law: Overview and Constitutional Issues, points out that while local regulations were meant to differentiate between vaping and smoking, this has not been reflected in these new laws. “While current and proposed legislation (especially at the federal level) sometimes distinguishes between vaping and smoking, it often fails to do so. Vaping is, according to the best available scientific data, much less dangerous than smoking, because it does not involve combustion or the generation of smoke.”
“These regulations are meant to protect non-smokers from vaping as potentially dangerous in itself and, worse, a possible gateway to smoking. Contudo, it risks inflicting serious harm on current smokers, for whom vaping can be an important, and often the most effective, harm-reduction technique.”
Banning flavours is counterproductive to reducing smoking rates
Associação Canadense de Vaping (CVA) is commending this report. “The CVA supports all efforts to ensure reasonable access to vapour products. Smoking is Canada’s leading cause of death, com 45,000 Canadian deaths each year from tobacco related diseases. The data has conclusively shown that restricting vapour products leads to higher smoking rates. By banning flavours Nova Scotia has impeded the right not to be deprived of life, liberty, and the security of the person,” said Darryl Tempest, Executive Director of the CVA.
The CVA has previously cautioned the Government of Nova Scotia that banning flavoured vaping products would be counterproductive as it would push vapers to the black market, and possibly drive former smokers back to smoking regular cigarettes.
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