Last updated: July 29, 2023
"Electronic nicotine delivery system or electronic non- nicotine delivery system” means:
(a) a system which produces upon heating an aerosol for inhalation from a solution containing nicotine as well as flavorings usually dissolved into propylene glycol or glycerin but does not contain tobacco;
(b) a product marketed or known as electronic cigarette ore-cigarette vape e-cigar e-pipe or e-shisha;
(c) a device or component of a device which produces aerosol or vapour as well as a solution used in the device for producing aerosol whether sold as one system or as separate components;
(d) nicotine products.
For the purpose of this review, the term "e-cigarette" will be used to refer to an "electronic nicotine delivery system."
"Smoking" means smoking of tobacco, tobacco product or nicotine product in any form whether in the form of cigarette, cigar, bidi or otherwise with the aid of a pipe wrapper or any other instrument.
Because the law defines “tobacco product” to include e-cigarettes and the definition of "smoking" specifically refers to a "nicotine product," the definition of “smoking” is interpreted to include e-cigarette use.
“Tobacco product” means a product composed in whole or in part of tobacco including tobacco leaves or an extract of tobacco leaves or a mixture containing tobacco, and includes:
(i) cigarettes cigars, cigarillos, smokeless tobacco, roll-your-own tobacco pipe tobacco water-pipe tobacco green tobacco leaf tobacco heated tobacco product cigarette paper tube or filter; and
(ii) electronic nicotine delivery systems electronic non-nicotine delivery systems and other products containing nicotine and devices used, manufactured or marketed to replace or imitate tobacco or nicotine.
The definition of "tobacco product" is significant because it includes e-cigarettes.