late to the game and often overlooked the federal government is set to assert its authority as the most important player in the regulatory debate over vaping under consideration is a new national regulatory policy developed in part from the recommendations of a groundbreaking parliamentary report on e-cigarettes wood stalled when follow-up collided with the priorities of the 2015 federal election with the Trudeau government now in full gallop and the provinces dotting i's and crossing T's on their regs all eyes turned to Health Canada as it evaluates a very different regulatory framework one that could upend provincial regulations before the ink is even dry the hassle report vaping towards a regulatory framework for e-cigarettes was produced by the Standing Committee on health and is back in play as of jun 15th when the federal Liberals reintroduce the report to the House of Commons it's now up to government to present a comprehensive response which is expected to come from Health Canada so what's in the report in late 2014 an early 2015 the hassock committee conducted eight meetings hearing testimony and receiving evidence from nearly 50 individuals and organizations on the potential risks challenges and benefits associated with vaping witnesses included device manufacturers ejuice producers stakeholder organizations medical experts and vapors by all accounts it was a thorough and fair hearing of the evidence resulting in 14 recommendations by the committee the key one being that the Government of Canada would work with all affected stakeholders to establish a new legislative framework under the tobacco Act new legislation or other relevant statutes a commitment to develop a new legislative framework as seen by the vaping industry as a win yet the phony details have still to be worked out and those stem from the push and pull of regulating vapor products as either tobacco products therapeutic products or consumer products each bring their own similarities and differences to vaping the industry believes the solution is to enact purpose-built regulation that specifically defines vapor products in a brand new product category its own joining us today is daniel david chair of the board at the Electronic Cigarette trade association of canada and he's also director at the Canadian dating association Daniel thanks for coming on the show this is part one of a two-part special reg watches doing on the shift in focus to federal regulations first off it looks like the provinces appear mostly done and are now kicking it back to the feds what for the provinces don't deal with quality control they do not deal they have no jurisdiction on on nicotine there's this the separation of powers the federal government has where it regulates and the provincial governments have where it's responsible for regulating and and what we're seeing right now even the worst case scenario and you know unfortunately Quebec as in this at the situation um you know even the worst case scenario at the provincial level is nothing compared to what the federal level could do so a start to some of the provincial regulations all at the end of the day to get even worse under the feds at the end of the day you're right i mean i mean the federal government is the only level of government that could go the industry that's it I mean the permit province does can't do it what's the likelihood that of them doing that the likelihood of them doing it is is is negligible I mean I that the fact of the matter is you know they put out their announcement in 2009 this industry has has grown exponentially since then we have hundreds upon hundreds of thousands of vapors in Canada that the federal government they're going to realize that you know we can't just shut this off because what is the repercussions of that of them doing that it's driving it into a black market that they can't regulate Daniel let's turn to the hassle report you presented to the committee in our cited numerous times why is this process important the reason that this has a report is so important is because the federal government really took to listening to the whole on a spectrum you know we have consumers there there was industry there there was opponents from from different associations so it was a real really fantastic mixing of positions on on this subject when it comes to regulating vapor products daniel i understand it big part of the challenge is working with existing product categories you're right there's tobacco there's medicinal there's and there's consumer so that's what what's been looked at and the faculty matter is is that when we went through this process with hassa no regulatory category that exists to date fits the tobacco harm reduction product that we're dealing with so regulating vaping as a tobacco therapeutic or consumer product on its own wouldn't satisfy none of them will completely satisfy we you know we do have you know consumer product regulations that is closest but it's still not sufficient what we need is purpose-built regulation that specifically defines tobacco harm reduction products I mean our our our whole public health system is built on the basis of harm reduction separating this and going into a tobacco harm reduction not cessation non cessation products which is in the medic medicinal sense but going into a tobacco harm reduction product that's where we need to go and that's you know that was that was came out in the the hassle report based on the numerous testimonies that were given about being said Daniel there are a lot of people that believe there could be a fit with the medicinal category the hurdles to get through medicinal are designed to apply to pharmaceuticals this consumer driven industry is just simply not not capable nor is it applicable to fall into that category because what it would do it would kill any type of innovation so when you talk about this new product category for vaping what does it look like well you know what frankly it takes aspects from all three none of them on their own are capable of addressing this issue it's a combination that needs to be had um that will that will incorporate some aspects of tobacco regulations some aspects of medicinal regulation very minimal but some and you know move from there and that's why there's this this thrive for a new regulatory framework now that would mean passing a new law with it absolutely would absolutely and that's just the recommendations that have come out of the this has to report well that's it for this edition of reg watch before you head off please like us on Facebook and don't forget to follow us on Twitter for regulator watch calm I'm droid Stafford


  1. Thanks Brent! Guess we should start posting and tweeting to Jane Philpott from Health Canada! I look forward to seeing the next segment from you.

  2. Thanks Brent

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