On November 15, 2017 the Ontario Bar Association Health Law Section hosted a fascinating panel discussion on the evolving law and regulation of vaping products in Canada.
The vaping products industry is estimated to be worth in excess of $500 M in Canada and is growing exponentially. Its rapid growth raises numerous legal, regulatory and public health policy issues that will ultimately inform the legal and regulatory regime for vaping products. Health Canada is currently considering regulations under the proposed Tobacco and Vaping Products Act (Bill S-5) and making amendments to other Acts including the Food & Drugs Act, Canada Consumer Product Safety Act and the Tobacco Act in order to address policy issues raised by the growth of the vaping industry.
The evening’s panel - featuring Marc Kealey, Doug Elliot, and David Sweanor - was moderated by Rajeev Sharma, Managing Partner of Sharma Lawyers. Rajeev is a former OBA Health law executive member who has published, presented and taught extensively on diverse issues related to health law. Rajeev’s healthcare practice involves advising on every aspect of regulated business.
Marc Kealey has over two decades’ experience in the business of healthcare and advocacy, and is a leading voice for transformation in health care and drug reform as Chief Advocate at Kealey and Associates Inc. – an advocacy and strategy implementation firm in Canada. Marc emphasized that vaping is a viable alternative to smoking cigarettes. Marc gave a summary of the legislation surrounding vaping products in Canada. Alberta and Saskatchewan are currently the only two provinces in Canada which do not regulate vaping. Mark articulated the Canadian Vaping Association’s concerns that Ontario’s Bill 174 (Cannabis, Smoke-Free Ontario and Road Safety Statute Law Amendment Act, 2017) may have the unintended consequence of driving good progress underground.
Doug Elliott, is a Partner at Cambridge LLP whose areas of expertise include class actions, constitutional law and health law. Doug has received numerous awards for his social justice work. Doug’s perspective is informed by a history of activism on behalf of communities of people living with HIV/AIDS. To Doug, the promotion of vaping products is a “no brainer” in terms of risk reduction. Doug spoke about Quebec’s Tobacco Control Act which has recently introduced regulatory controls surrounding vaping products that have already been in place in other provinces. The Tobacco Control Act defines vaping as smoking tobacco. Doug offered that in his view the Quebec government lacks the evidence it requires to back up the “fear mongering” it has contributed to surrounding vaping products.
David Sweanor is an Adjunct Professor at the University of Ottawa Faculty of Law who has devoted his career to public health policy. His primary policy involvement has been in spearheading the development of efforts to reduce cigarette smoking in Canada and globally. His efforts have encompassed taxation policy, advertising restrictions, package warnings, protection from environmental tobacco smoke, smoking cessation interventions, litigation, product regulation and harm reduction initiatives. David explained that 100 Canadians a day, or 37,000 Canadians a year die of smoking – which represents a significantly higher mortality rate per capita than in countries like Sweden and Japan, where popular tobacco alternatives to cigarettes exist. David explained that public health efforts always involve risk reduction and emphasized the role lawyers play in promoting public health, stating, “If you’re trying to have better health in a country you need less doctors and more lawyers”.
About the author
Joe Berger works at the Ontario College of Pharmacists as an in-house resource to its Discipline and Fitness to practice committees. Joe also has experience working in the area of mental health law, litigating at the tribunal and appellate levels. Joe Berger is the Public Affairs Liaison of the OBA Health Law Executive and can be reached at jberger@ocpinfo.com.