Can anyone direct me to the legislation that makes nic illegal? I am trying to find out where the liability lies. In the buying, selling, possession, etc of the substance. Thanks.
Illegal to buy it or sell it?
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Here is a link to the tobacco Act. Apparently they have put e cigs into the tobacco group, although I don't see it referenced in this Act.
Nicotine isn't considered illegal, but it is restricted.
Tobacco Act
Nicotine isn't considered illegal, but it is restricted.
Tobacco Act
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In Canada, Nicotine is not classed with tobacco - unless it occurs in it's natural form (in the tobacco leaf - not derived from the tobacco leaf).
Otherwise, it is classed under the food and drug regulations (similar to the FDA) - and it noted in "Schedule F" - restricted drugs - but is exempted in the following ways:
Nicotine and its salts, for human use, except
(a) in natural substances;
(b) in the form of a chewing gum containing 4 mg or less of nicotine per dosage unit;
(c) in the form of a transdermal patch with a delivery rate of 22 mg or less of nicotine per day;
(d) in a form to be administered orally by means of an inhalation device delivering 4 mg or less of nicotine per dosage unit; or
(e) in the form of a lozenge containing 4 mg or less of nicotine per dosage unit
Food and Drug Regulations
Otherwise, it is classed under the food and drug regulations (similar to the FDA) - and it noted in "Schedule F" - restricted drugs - but is exempted in the following ways:
Nicotine and its salts, for human use, except
(a) in natural substances;
(b) in the form of a chewing gum containing 4 mg or less of nicotine per dosage unit;
(c) in the form of a transdermal patch with a delivery rate of 22 mg or less of nicotine per day;
(d) in a form to be administered orally by means of an inhalation device delivering 4 mg or less of nicotine per dosage unit; or
(e) in the form of a lozenge containing 4 mg or less of nicotine per dosage unit
Food and Drug Regulations
I think of the big requirements was they HC wanted the test done to ensure the ejuice was safe and to have a DIN number that is a Drug Identification Number on it .
I think HC will not stop till they find a way to tax it. Hmmm Maybe Dalton Mcgunity can put his Eco tax on it.
There is also no market authorization for ecigs with nicotine, making it seen by HC as an unkown and unsafe product.
Yea I've been on nicorette for several occasions for peroids of time and I found it almost as expensive as smoking(it's gum why so much money?). I still wanted to smoke but it would atleast keep me from going crazy. I need nicotine! and vaping is perfect. They will regulate it and tax the crap out of it as soon as(if ever) the approve it.
HC won't do anything at all. It's not like they are "working on it." It doesn't have market authorization, and that's the way it will stay until someone with enough clout, funds or legal/political resources pushes hard enough. Our petitions and letters might reach someone at HC, but someone is not enough to cause change. It's a monstrously bureaucratic situation.
Their last press release on the matter was what, two and a half years ago? And it was hot on the heels of the FDA's B.S. report. Send them email right, if you like, and in their reply they will simply directly quote from a 2.5 year old press release and send your email to the trash folder.
Sorry to be such a Debbie Downer... but grassroots activism has proven so far to be ineffective. Seems to me our best hope is to let the number of Canadian ecigs users to slowly grow, and to encourage others to write to their MPs. Support CDN vendors and maybe they will eventually have enough capital to tackle the situation head on. Basically... status quo
It's either that or wait for some rich philanthropist vaper to use his/her money to fund a legal campaign. Maybe get a nationwide campaign of public awareness going.
Their last press release on the matter was what, two and a half years ago? And it was hot on the heels of the FDA's B.S. report. Send them email right, if you like, and in their reply they will simply directly quote from a 2.5 year old press release and send your email to the trash folder.
Sorry to be such a Debbie Downer... but grassroots activism has proven so far to be ineffective. Seems to me our best hope is to let the number of Canadian ecigs users to slowly grow, and to encourage others to write to their MPs. Support CDN vendors and maybe they will eventually have enough capital to tackle the situation head on. Basically... status quo
It's either that or wait for some rich philanthropist vaper to use his/her money to fund a legal campaign. Maybe get a nationwide campaign of public awareness going.
According to my calculations based on my vaping habits then, vaping comes under section (d) for exemption:
Yeah but according to HC, section D was never written with ecigs in mind, therefore it doesn't count. Apparently they can just make .... up as they go.
To the OP, since there isn't a law directly affecting ecigs in Canada there are a couple of things to consider:
1. Nicotine containing ecigs potentially falls under section D of the nicotine exemptions.
2. Possession falls under whatever penalty there is for Schedule F drugs. Schedule F is for drugs or ingredients that require a prescription for use, I don't believe that anyone has/is/will be prosecuted for possession of personal use amounts of nicotine. Another idea just came to me, why don't we ask our doctor for a prescription for ecigs?
3. Health Canada has directly stated that "Persons importing, advertising or selling electronic cigarette products in Canada must stop doing so immediately." This is where vendors fall in, as far as I know some have received cease & desist letters but I'm unsure what levels of enforcement happen past that. (Source: http://http://www.hc-sc.gc.ca/ahc-asc/media/advisories-avis/_2009/2009_53-eng.php
1. Nicotine containing ecigs potentially falls under section D of the nicotine exemptions.
2. Possession falls under whatever penalty there is for Schedule F drugs. Schedule F is for drugs or ingredients that require a prescription for use, I don't believe that anyone has/is/will be prosecuted for possession of personal use amounts of nicotine. Another idea just came to me, why don't we ask our doctor for a prescription for ecigs?
3. Health Canada has directly stated that "Persons importing, advertising or selling electronic cigarette products in Canada must stop doing so immediately." This is where vendors fall in, as far as I know some have received cease & desist letters but I'm unsure what levels of enforcement happen past that. (Source: http://http://www.hc-sc.gc.ca/ahc-asc/media/advisories-avis/_2009/2009_53-eng.php
We the vapers who have switched from analog cigarettes have made a informed healthier lifestyle choice. Why don't we send a cease and desist order to Health Canada to make it a matter of public record/order. Are they our overloads or public servants? The venders don't seem to be making any headway and what it really comes down to is Joe & Jill public's need for an effective harm reduction alternative to smoking.
Your link was missing a colon: Health Canada Advises Canadians Not to Use Electronic Cigarettes - Health Canada Advisory 2009-03-27
Keep in mind this advisory is 2.5 years old and Health Canada has done nothing since.
Health Canada can do what they like. Majority Government that tends to side with big business. Look at the copywrite bill they are pushing through. It will make you a criminal to transfer a purchased dvd to a digital format so you can watch it on a different device in your own home. Seriously talk to your MP before it is too late!
A friend recently successfully defended 2 persons accused of minor infractions. One was driving without a license and his entire defense rested on the fact that Government and all its various agencies are our employees. Sounds weird and off the wall but he's been working on this for about 15+ yrs and is very passionate. I have been passionate about a certain issue for close to 15 yrs and he's given me some great advice....when I first met him 15? yrs ago I thought he was a flake (sorry J) but now realize he may have the right idea.
Good ol corporatocracy.
Anyone been following Occupy Wall Street? I hope it spreads and doesn't fizzle out. Every year government on both sides of the borders increasingly serve corporate interests and ignore the voice of the people. It's very tough to fight with letters and strong words.
I'm hesitant to whole heartedly believe that Health Canada is leaning the same direction, but it's hard to ignore the trend.
Anyone been following Occupy Wall Street? I hope it spreads and doesn't fizzle out. Every year government on both sides of the borders increasingly serve corporate interests and ignore the voice of the people. It's very tough to fight with letters and strong words.
I'm hesitant to whole heartedly believe that Health Canada is leaning the same direction, but it's hard to ignore the trend.
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