PREPARED BY: Chronic Disease and Injury Prevention
DATE: 2024-06-20
SUBJECT: Enforcement and Compliance Activities in Comprehensive Tobacco Control
BACKGROUND/PURPOSE
The Windsor-Essex County Health Unit (WECHU) has long been considered a leader amongst Ontario communities in the field of tobacco control. As one of the first communities to pass and primarily enforce indoor and outdoor smoke-free space bylaws, Windsor-Essex demonstrated how theses measures can be effectively implemented prompting provincial regulatory amendments to the Smoke-free Ontario Act, 2017 (SFOA) which were later applied across the rest of Ontario. Locally the measures included within the SFOA and all municipal smoking bylaws continue to be enforced primarily by the WECHU’s five Tobacco and Vaping Enforcement officers (TVEOs). This work, as mandated through the Ontario Public Health Standards and the Tobacco, Vapour and Smoke Protocol is part of the comprehensive tobacco control approach employed by the WECHU to protect residents from the dangers of tobacco and vape products.
Recently, concern has grown related to new and emerging nicotine products and ongoing tobacco use in our region leading to two recent Board of Health resolutions to address the emergence of Nicotine Pouches in Ontario convenience stores (January 2024) and reducing access to vape products for young people (May 2024). The contents of both these recent resolutions have been endorsed by other regional public health units and provincial collectives in support of the direction provided by the Windsor-Essex Board of Health. While these advocacy strategies have previously been successful as it relates to previous federal and provincial regulatory amendments they can take time to move through legislative processes. As such there is a need to continue making progress in SFOA and municipal bylaw enforcement, implementing enhanced strategies to align with the quickly evolving tobacco and vaping marketplace.
DISCUSSION
The enforcement team at WECHU supports their provincial, federal, and local enforcement colleagues (e.g., Canadian Border Services, Alcohol and Gaming Commission of Ontario, Ministry of Finance, municipal bylaw enforcement) to enhance their understanding of the SFOA and coordinate regular meetings of these agencies to describe new and emerging issues in tobacco and vaping control. Through this collaborative approach, the WECHU is better able to provide an accurate understanding and delineation of responsibilities to better respond to complaints and serve the community of Windsor-Essex. Specifically, within the scope of their roles, the TVEO are responsible for inspecting the nearly 500 tobacco and vape retailers in Windsor-Essex to ensure the sale, supply, display, and promotion of tobacco and vapour products aligns with SFOA regulations. This includes multiple inspections annually for each vendor and the implementation of a youth test-shopping program which employs youth (15 to 18 years old) to attempt to purchase tobacco or vaping products at each retailer. In addition, these officers ensure enclosed workplaces, public places, and other specified places (e.g., schools, residential care facilities, hospitals, bars and restaurants, fairs and festivals, etc.) remain smoke-free through regular proactive inspections or in follow up to complaints received from the community. Officers utilize a combination of education, inspection, and “progressive enforcement” of the SFOA or relevant bylaws to issue warnings and graduated charges based on the frequency and severity of non-compliance.
Details related to the core activities completed by this enforcement group in 2023 and the first quarter of 2024 are described in Table 1, below:
|
Yearly Statistics 2023 (January 1st to December 31st, 2023) |
Q1 2024 (January 1st to March 31st, 2024) |
|---|---|
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*Inspection Completion: *100% of mandated inspections completed. |
|
Addressing the Growing Illegal Market Targeting Youth
In response to the changing nicotine, vaping, and tobacco market across Ontario, the WECHU has again been leaders provincially in taking creative approaches to offset the efforts taken by retailers to target young people. One of these strategies involves targeted inspections for retailers which are known to sell illegal high concentration nicotine (50mg/l) vapour products. A novel test shopping approach has been undertaken beginning Spring 2024 with those vendors who carry these illegal and highly addictive products. Strong relationships with Canadian Border Services Agency and Health Canada help to ensure that illegal sale and import receives federal attention in addition to local enforcement. To date, these inspections have resulted in hundred of these illegal devices being removed from store shelves across Windsor-Essex.
Key References
Association of Public Health Agencies, (2024), Middlesex Health Unit’s Nicotine Pouches www.alphaweb.org/resource/collection/D765BA27-1F87-412D-A4FA-217FDB236BF7/MLHU_Nicotine_Pouches_220324.pdf
Ontario. Ministry of Health. Tobacco, Vapour and Smoke Guideline, 2021. Toronto, ON: Queen’s Printer for Ontario, 2021. Available from: http://www.health.gov.on.ca/en/pro/programs/publichealth/oph_standards/protoc olsguidelines.aspx
Public Health Ontario. 2023. Ontario tobacco, vaping & cannabis by-law summary-2023. 2nd ed. Available from www.publichealthontario.ca/-/media/documents/o/2020/ontario-tobacco-vaping-cannabis-by-law.pdf?la=en
WECHU (Jan 18, 2024). Board resolution: Steps toward Limiting Nicotine Addiction in Youth; Local, Provincial, and Federal Restrictions on Nicotine Pouches. Retrieved from www.wechu.org/board-health-meeting-agendas-and-minutes/january-2024-board-health-meeting-local-provincial-an