Vaping legislation to set consumption age at 18

Proposed new legislation to control nicotine vaping will target heavy use among minors, while also penalizing those illegally procuring and selling it, the province said Monday.

It also sets a legal consumption age of 18.

But unlike Nova Scotia and possibly Ontario, Alberta won’t immediately ban flavoured vapes, which critics say are meant to appeal to youths.

While Bill 19, which is expected to take effect this fall, leaves the door open for the government to ban vape flavours, crafting such restrictions now would be too onerous for officials busy fighting COVID-19, said Health Minister Tyler Shandro.

“I think it’s quite a bit to be asking of them,” said Shandro. “We’re just very happy to be able to … pass this legislation and deal with flavours down the road.”

Provincial health care officials have said that allowing vape flavouring will make it easier for adults who want to transition from smoking to vaping.

Last January, Alberta’s chief medical officer of health, Dr. Deena Hinshaw, signed a Public Health Agency of Canada letter with her Canadian counterparts calling for a vape flavour ban, except for regulatory exemptions to help smokers cease their habit.

On Monday, Shandro noted the legislation — that aligns restrictions governing smoking and vaping — comes following public consultations last fall tapping nearly 10,000 people in face-toface sessions and online.

Among high-school-aged youths, 30 per cent consume vape products — a number that sat at eight per cent five years ago, says the province.

“Action needs to be taken to address increased vaping among youth,” he said.

“Our previous government unfortunately did nothing to address this, but it’s a priority of this government … It’s long overdue.”

Penalties for illegal, or underage, possession of nicotine vapes will be $100, while fines for procuring or furnishing the products to minors will be $500.

Prohibitions on where both tobacco smoking and vaping can be done is being expanded to include any places where children might be present, including hospitals, daycares, zoos, playgrounds, outdoor pools, theatres and skateboard parks.

Businesses now selling vaping products, with the exception of adults-only specialty shops, will have to phase out advertising for those items.

“All these measures will be enforced,” said Shandro.

Over the past year, the use of vaping products — many of them linked to cannabis variants — have led to serious respiratory illnesses and even death, mainly in the U.S.

But some teens say despite that knowledge and these new impending restrictions, it is an uphill battle to fight such an addictive activity. “People have friends who are 18 who will buy it for them anyhow,” said Calgarian Tavyn Doell, 17, who doesn’t vape himself. “I don’t know how much this legislation will bring attention to it.”

Doell said the government’s 30 per cent usage figure is likely low, adding it’s closer to 50 per cent — at least in his circles. And efforts by schools to ban vaping have only had checkered success, he said.

In a survey of 9,628 Albertans conducted last October to November, 77 per cent of respondents supported regulating vaping similar to how tobacco is regulated, while 97 per cent favoured a minimum purchase age of 18.

The survey also showed 66 per cent supported a ban on flavoured vapes.

Meanwhile, Shandro also said Monday the province will stick with Ottawa’s maximum nicotine concentration limit of 66 mg/g per device, though officials will monitor that.

“We don’t see a need for a further reduction in Alberta,” he said.

In the aforementioned Public Health Agency of Canada letter, Hinshaw recommended a 20 mg nicotine level.

Shandro said he never met with vaping industry lobbyists during the review leading to this legislation, though about 50 industry players — including retailers, manufacturers and nightclubs — were consulted.

However, Les Hagen, of the group Action on Smoking and

Health, said he believes industry pressure led to the retention of vape flavours, noting the province has banned flavoured tobacco products to protect youth.

“A number of elements in this aren’t aligned with tobacco and that’s to do with flavours,” he said. “The kids are the losers here and there are 50,000 reasons to ban flavours — that’s the number of youths vaping in Alberta.”

But he lauded other measures of the bill, such as advertising restrictions and public vaping bans.

One industry representative said he has no regrets his group was consulted and that such input was vital in crafting good policy.

And Allan Rewak of the Vaping Industry Trade Association said the province has found the right balance in protecting youths, while encouraging harm reduction for adults.

“Overall, it seems like pretty reasonable and responsible legislation … Vapes are a tool for people who do smoke to stop,” said Rewak. “Vaping is 95 per cent less harmful than traditional combustion.”

One Calgary vape shop owner said she and many competitors already observe the legislation’s restrictions on age and advertising, but said nicotine levels should be dropped to 20 mg/g.

“Sixty-six mg is an insane amount of nicotine — it’s what the kids are going for, that high nicotine content,” said Janine Weisner of True Vape on Edmonton Trail.

“We’re here to help people quit smoking; we’re not here to get kids hooked on nicotine.”