An Act to amend the Tobacco Act

This bill was last introduced in the 40th Parliament, 2nd Session, which ended in December 2009.

Sponsor

Leona Aglukkaq  Conservative

Status

This bill has received Royal Assent and is now law.

Summary

This is from the published bill. The Library of Parliament often publishes better independent summaries.

This enactment amends the Tobacco Act to provide additional protection for youth from tobacco marketing. It repeals the exception that permits tobacco advertising in publications with an adult readership of not less than 85%. It prohibits the packaging, importation for sale, distribution and sale of little cigars and blunt wraps unless they are in a package that contains at least 20 little cigars or blunt wraps. It also prohibits the manufacture and sale of cigarettes, little cigars and blunt wraps that contain the additives set out in a new schedule to that Act, as well as the packaging of those products in a manner that suggests that they contain a prohibited additive. It also prohibits the manufacture and sale of tobacco products unless all of the required information about their composition is submitted to the Minister.

Elsewhere

All sorts of information on this bill is available at LEGISinfo, an excellent resource from the Library of Parliament. You can also read the full text of the bill.

Tobacco ActGovernment Orders

June 2nd, 2009 / 5 p.m.
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NDP

Judy Wasylycia-Leis NDP Winnipeg North, MB

Mr. Speaker, it is a very serious issue and we are cognizant of the need to deal with very high incidents of smoking among first nations and aboriginal communities and the need for prevention programs that are geared toward people in rural, northern and remote communities.

Because of that we were very disappointed when the government of the day cancelled a program in September of 2006 that was designed to provide first nations communities with some prevention tools to try to ensure that young people in their communities would not get hooked on smoking.

The government at the time promised it would replace that program with another initiative. In fact, it stated that it was looking for value for money programming and it would be presenting a new initiative and reviving a prevention strategy as soon as possible. Unfortunately it has now been almost two years since that announcement was made and we still have not heard about a prevention program designed to deal with the high incident rates of smoking among first nations, Inuit and aboriginal communities.

It is a deep concern of ours. We will continue to put pressure on the Minister of Health and her department to come forward with a program and more. As the contraband issue shows us, we are dealing with an effort to get products to people in very difficult circumstances, who are finding easy access to these products and need to be reminded of the dangers of smoking and the problem of a lifelong addiction.

Many groups are worried about those issues as well. In addition to the young people I mentioned, I wanted to also mention Phil Janssen and Mike Robinson, who were on the Hill with a press conference not too long ago. They are from the Area Youth Coalition of Eastern Ontario, associated with the Smoke-Free Ontario Strategy.

I also want to mention some of the major organizations that have worked tirelessly, year in and year out, trying to make progress in this area. Cynthia Callard and Neil Collishaw, who are with Physicians for a Smoke-Free Canada, have to be given credit for much of the work that is being done today. I want to mention Louis Gauvin with the Coalition québécoise pour le contrôle du tabac, Rob Cunningham, Canadian Cancer Society, Garfield Mahood and Melodie Tilson, with the Non-Smokers' Rights Association, Trevor Haché, Smoking and Health Action Foundation, Raphael Jacob, Tobacco Control Accountability Initiative, the Ontario Medical Association and the Canadian Council for Tobacco Control. Let me also mention the Manitoba Tobacco Reduction Alliance, and there are many more groups, organizations and individuals, who have worked long and hard on this issue and whose advice we count on and must be taken seriously.

Tobacco ActGovernment Orders

June 2nd, 2009 / 5:05 p.m.
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Liberal

Kirsty Duncan Liberal Etobicoke North, ON

Mr. Speaker, I will be splitting my time with the member for Bramalea—Gore—Malton.

Today I rise to speak to Bill C-32, for a cause that is near and dear to me, both as a former health professor but also as a coach and judge, namely, reducing tobacco use among Canadians and particularly among our youth. Today, over 125 countries grow tobacco on four million hectares of land. The global crop is worth about $220 billion per year, with five trillion cigarettes rolling off the assembly lines annually.

Not surprisingly, tobacco consumption is increasing and it may kill over eight million people a year by 2020 in the absence of drastic controls. Tobacco smoke contains over 4,000 chemicals, 60 of them known or suspected carcinogens, such as arsenic, DDT and methanol. Adults who smoke risk heart disease, lung cancer, nasal sinus cancer and respiratory disease. Even light smokers risk their health. For example, a 2005 British Medical Journal study showed that smoking only one to four cigarettes per day was associated with a significantly higher risk of dying from heart disease.

Studies show substantially higher levels of lung cancer among people who work in bars, restaurants and other smoke-filled environments. Exposure to second-hand smoke also increases the risk of breast cancer, cervical cancer, miscarriage and stroke. Children who are exposed to second-hand smoke are at an increased risk of asthma induction and exacerbation, bronchitis, low birth weight, pneumonia and sudden infant death syndrome. Over 1,000 and possibly as many as 7,800 Canadians are thought to die from second-hand smoke each year.

Most smokers begin smoking in childhood or early adolescence. Ninety per cent smoke before the age of 18. Early starters are more likely to become addicted daily smokers. Partly because the tobacco industry targets adolescents, 82,000 to 99,000 young people start smoking every day. Gro Harlem Brundtland, then director-general of the World Health Organization, angrily spoke out:

That is no freedom of choice! Civilized nations protect their people under 18--they don't let them play around with a product which statistically kills one out of two of its permanent users.

Fifty per cent of young people who continue to smoke will die from tobacco related causes. Smoking causes 90% of lung cancers and 75% of bronchitis and emphysema. On average, tobacco kills 560 people every hour, 13,000 per day or 4.9 million per year. The World Health Organization reports that not a single country fully implements all key tobacco control measures. As a result, the World Health Organization outlines six MPOWER strategies that governments can adopt to prevent tens of millions of premature smoking deaths by the middle of this century.

The six MPOWER strategies are: monitor tobacco use and prevention policies; protect people from tobacco smoke; offer help to quit tobacco use; warn about the dangers of tobacco; enforce bans on tobacco advertising, promotion and sponsorship; and raise taxes on tobacco. In Canada, between 63% and 79% of the price of a package of cigarettes is tax. In comparison, the tax on cigarettes in New York is 38%. Unfortunately, governments around the world collect 500 times more money in tobacco taxes each year than they spend on anti-tobacco efforts.

The Canadian government has initiated many programs to try to lower rates of smoking in Canada. These include: encouraging Canadians to support smoke-free living; increasing product pricing through taxation; informing Canadians about the health effects of smoking and second-hand smoke; providing programs to support those who choose to quit smoking; reducing access to tobacco products by minors; and restricting tobacco product advertising and promotion.

Tobacco is a communicated disease, communicated through advertising which appeals to the psychological needs of adolescents, and sponsorship.

Many of Canada's leading cigarette brands are now sold in packs that imitate BlackBerries, cell phones and mp3 players. Making tobacco products look like everyday objects minimizes the harm associated with tobacco use and makes them socially desirable and trendy.

A 2002 study showed that tobacco companies use cigarette packaging as an integral component of marketing strategy and a vehicle for creating significant in-store presence and communicating brand image. Market testing results indicate that such imagery is so strong as to influence smokers' taste ratings of the same cigarettes when packaged differently.

I am pleased to support this bill and am encouraged that it is receiving strong support from anti-smoking and health groups. Rob Cunningham, senior policy analyst at the Canadian Cancer Society, said, “We are hopeful that MPs will adopt this bill quickly. It is a very important gain for us”.

The bill bans flavoured cigarettes and cigarillos. One-third of youth and close to half of all young adults have tried cigarillos with flavours such as chocolate mint, peach, strawberry and vanilla. These products have as much or more nicotine as cigarettes, and are just as likely to trap young people into a deadly smoking addiction. They are also the fastest growing tobacco product on the Canadian market, with 53 million sold in 2001 and 400 million in 2007.

The bill will also ban tobacco companies from advertising in print publications, repealing an exception that currently allows advertising in publications with an adult readership of at least 85%.

If the bill is passed, the revised Tobacco Act would leave tobacco companies with only two possible ways to advertise: on signs in places where minors are prohibited and in publications that are delivered by mail to an adult.

It is my hope that the time has to come for sustained funding and political support. A recent study published in the American Journal of Public Health examined state tobacco prevention and cessation funding levels from 1995 to 2003 and found that the more states spent on these programs, the larger the declines they achieved in adult smoking. The researchers also calculated that if every state had funded its program at the levels recommended by the Centers for Disease Control during the period, there would have been between two million and seven million fewer smokers in the United States.

It is also my hope that the government will engage high level opinion leaders and high profile champions to help achieve the significant health and economic benefits of a reduction in tobacco use.

We must be vigilant in identifying and raising awareness about all new forms of tobacco products which industry continues to develop.

We must recognize that the tobacco industry obstructs effective tobacco control measures and continues to promote tobacco products through all possible means, including the entertainment industry, as traditional marketing is becoming more and more limited due to the ratification by 164 countries of the World Health Organization's Framework Convention on Tobacco Control.

Considerable research has suggested that youth are influenced to smoke by positive smoking portrayals in the movies, with celebrities serving as role models. A recent study in fact suggests that exposure to smoking portrayals in the media may be very important in prompting initiation among adolescents, whereas tobacco marketing may exert a specific influence on their progression to established smoking.

What steps will the government take to snuff out contraband tobacco, which accounts for 49% of cigarettes smoked in Canada, menthol cigarettes and smokeless tobacco?

Finally, when the next product emerges, and it will, let us take immediate steps to snuff it out.

Tobacco ActGovernment Orders

June 2nd, 2009 / 5:15 p.m.
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Liberal

Gurbax Malhi Liberal Bramalea—Gore—Malton, ON

Mr. Speaker, May 31 was World No Tobacco Day.

It is only fitting in light of the efforts of so many anti-smoking groups that we have this debate today on ways to prevent young people from becoming addicted to a product that kills thousands of Canadians every year.

I am proud to rise today and speak to proposed legislation that would amend the Tobacco Act and assist in protecting our young people from tobacco addictions while encouraging the tobacco industry to amend its marketing practices.

Recently I rose in this House to support a petition signed by several hundred of my constituents demanding that this Parliament take immediate action in amending the Tobacco Act. The petitioners were asking for changes to limit and restrict the marketing of tobacco products to minors.

Studies show that increased exposure to tobacco advertising has a significant impact on the decision by young people to start smoking or using tobacco products. We also know that 85% of all regular smokers started smoking before the age of 18.

It is fair to say that advertising and marketing efforts aimed at young people have been a contributor to the rising number of young people using tobacco products.

Recent research has shown us that following a reduction in tobacco advertising there has been a decrease in the number of young people who smoke. However, simply putting further restrictions on the advertising and marketing of tobacco products to young people will only go so far.

We know that tobacco use is responsible for killing approximately 37,000 Canadians every year.

The Liberal Party is supportive of this bill in principle. We believe this bill is a step in the right direction to protect Canadians, and youth in particular, from tobacco marketing.

Our position is that tobacco should not be marketed to young people and should not be advertised in any publications that could be viewed by those under 18 years of age.

We have seen an increased number of tobacco ads in daily newspapers and free entertainment weeklies that are more likely to be read by young people. We believe that prohibiting advertising in all types of magazines and newspapers, regardless of their readership, is a necessary first step.

This bill would ensure that all Canadians, and youth in particular, would not be exposed to tobacco sales pitches. The limiting of advertising is a start, but I wonder if the government has considered the other factors at work here.

For example, some of the current marketing practices include using various flavours and additives that would make tobacco products more appealing to children and youth. We are seeing a growing number of tobacco products, ranging from mini cigars to blunt wraps, sheets or tubes of tobacco, that are available in flavours like grape, cherry, peach, banana-split and even tropical punch. We are also seeing tobacco companies include various additives such as vitamins, sugar and others that taste like candy to help mask the harshness of the tobacco and make it appeal to children and youth.

We are now aware of research findings from various sources, including documents from the tobacco companies themselves that show the addition of fruit and candy flavours to tobacco products makes them more appealing to young and new users. For the tobacco industry, this dramatically increases the appeal for young people to give tobacco a try.

Young people today are aware that cigarettes and tobacco products are highly addictive, and tobacco companies know this. Therefore, they must find new and innovative ways for young people to try them, despite being aware of the dangers. By adding flavours or other additives to increase the appeal of tobacco, it would seem that the tobacco industry is trying to increase the “try factor” and increase sales.

This brings me to my next point. Recent data shows that wholesale sales of little cigars has increased from 53 million units in 2001 to 403 million units in 2007, making them the fastest growing tobacco product on the Canadian market. This is quite alarming and needs to be addressed.

The availability of little cigars and blunt wraps in single or small quantities is one of the contributing factors. Unlike cigarettes, that must be sold in packages of 20, little cigars and blunt wraps are often sold individually and priced for as little as a dollar.

It is important to regulate the industry to create minimum quantities of tobacco products, so that the opportunity to price them low and make them more available to youth is no longer an option.

Bill C-32 would amend the Tobacco Act to extend a minimum quantity provision that exists for cigarettes and apply this to little cigars and blunt wraps, requiring them to be packaged in quantities of at least 20. We agree this change would limit or end the industry practice of selling these products in single or small quantities that are often more accessible and attractive to youth.

My next point is that the bill currently fails to address the concerns of contraband tobacco, which is an important source of supply for youth who decide to start smoking or using tobacco products and acquire them through illegal channels. The primary concern is that contraband tobacco products are cheap and easily accessible, and the bill does not address this issue.

There is a direct correlation between the rise in contraband consumption and the change of government in 2006. We had a strategy in place and a multi-pronged approach to deal with the problem. It appears the government has let the rate of contraband consumption grow to almost 33% nationally, 40% in Quebec and almost 50% in Ontario.

The Liberal health critic and my colleague from Etobicoke North have made very strong statements about this issue in the past. This legislation would be effective in limiting the sale and manufacture of specific types of tobacco in Canada, but in order to effectively reduce the consumption of tobacco by children, the legislation completely misses one primary point.

Kids are not able to purchase legal product and for them to access legal products, someone else must be breaking the law. As such, the legislation will have no impact on one very real problem. It is a well established fact that most teenagers gain access to tobacco from the illegal industry.

The issue of contraband tobacco sales affects several departments including Revenue, Public Safety, Justice, Indian Affairs and Northern Development, Health, Finance and Intergovernmental Affairs.

In making amendments to the Tobacco Act, it should be noted that the bill is a reasonable starting point but must include measures that control accessibility as well as enticement through clever marketing activities.

Tobacco ActGovernment Orders

June 2nd, 2009 / 5:25 p.m.
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Liberal

Bob Rae Liberal Toronto Centre, ON

Mr. Speaker, I appreciate the opportunity to participate in this debate. It is an important subject and one that has touched all members. We also realize the extent to which the evidence is now in very clearly and emphatically with respect to the impact of tobacco on health.

I remember the first meeting I held of the premier's health council in 1990 and asking members around the table what was the one single thing I could do as premier to improve the public health of the province. The answer was simply to deal with the question of tobacco. If we can reduce tobacco consumption, access to tobacco by minors, the extent to which kids get hooked and the usage, then we have made progress.

We have made progress, both federally and provincially. We have done a lot to deal with the challenge, but we have two particular problems that we have to continue to deal with. This bill deals with one of them but it does not deal with the second one.

The first problem is the fact that, try as we may, we cannot convince the tobacco companies to get it. Unfortunately, we keep having to go back to the well each and every time to remind tobacco companies that they are dealing with a product which is bad for human health. It causes cancer and heart disease. It affects the health of each and every one of us and is something which needs to be dealt with in a most emphatic way.

This bill, in its own way, is intended to deal with tobacco companies directly luring young people into the consumption of alcohol. It is truly deplorable that tobacco companies are back at it again and we have to revisit this question. We should simply tell them this door is going to close and keep on closing, that no matter how inventive they may try to be, we as parliamentarians are not going to do anything that will permit the sale and smoking of tobacco to be more attractive to people. We are simply not going to permit it or allow it to happen.

Liberals are fully supportive of the legislation. Mr. Speaker, I know you are about to stand and see the clock, but before you do, I want to introduce my next topic, and that is the question of price. The big issue which continues to affect the consumption of tobacco is price.

We can do all we want on ads, we can do all we want with respect to packaging, and we can do all we want with respect to the issues which have been raised by the government. It is an important step and I am not minimizing what is being proposed, but until we deal with the critical issues of price and contraband, we will not be dealing with the fact that there are still people selling green garbage bags full of cigarettes in the yards of our schools and giving kids--

Tobacco ActGovernment Orders

June 2nd, 2009 / 5:30 p.m.
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Conservative

The Deputy Speaker Conservative Andrew Scheer

Order. The hon. member for Toronto Centre will have 16 and a half minutes remaining the next time this bill is before the House.

It being 5:30 p.m., the House will now proceed to the consideration of private members' business as listed on today's order paper.

The House resumed from June 2 consideration of the motion that Bill C-32, An Act to amend the Tobacco Act, be read the second time and referred to a committee.

Tobacco ActGovernment Orders

June 3rd, 2009 / 4:55 p.m.
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Bloc

Luc Malo Bloc Verchères—Les Patriotes, QC

Mr. Speaker, we are resuming debate on Bill C-32, An Act to amend the Tobacco Act. It is important to point out the alternative title. The bill contains the following note: “This Act may be cited as the Cracking Down on Tobacco Marketing Aimed at Youth Act.”

I wanted to point that out because it is clear that, in the mind of the legislator, this bill definitely fits in with the objectives set out in the Tobacco Act of 1997. In section 4(c), it states that the purpose of the act is to protect the health of young persons by restricting access to tobacco products.

Clearly, generally speaking, tobacco is very harmful to human health, as we know. It is clear that, as a society, we want the best for our young people and our children. We want to ensure that whatever they consume things is in no way harmful to their health, their development or their growth.

Clearly, and again generally speaking, no one wants to see someone who is still growing consume products that are harmful to health. It is only natural that a society like ours creates legislation to try to ensure only the best for our young people. That is why it is important to limit the use of tobacco products by our young people.

That is precisely what we are doing by prohibiting the sale of tobacco products to minors. That is the message we are sending to all our citizens, not only to the young people themselves, of course, but also to their parents and their peers. As we know, at a certain age, young people often use tobacco products to imitate others. We see people smoking and might then be inclined to smoke as well, since one of the rituals of some groups.

However, as I was saying, we have a collective responsibility to ensure that our young people do not consume tobacco products. That is what the law tells us, by prohibiting the sale of tobacco products to minors.

Furthermore, according to a 2007 Health Canada survey, close to 85% of merchants abide by this law. Of course, we would prefer that all merchants abided by the law. That would reinforce the message we want to get across to young people, their parents and their friends of legal age, which is to discourage them from using these products.

However, it is rather clear that merchants are generally aware of their roles as responsible citizens in promoting healthy lifestyles among our young people.

An important part of Bill C-32 is to restrict the use of little cigars, or cigarillos. It is true that young people who smoke them from time to time, may not be happy to learn that flavoured cigarillos will no longer be found on the shelves. However, it is clear that in this case, we are making this change to the Tobacco Act for their own good.

It is important to note that in 2000, Health Canada determined that cigarillos contain between 67% and 200% more tar than standard cigarettes, and that unfiltered cigarillos contain twice as much nicotine. We know that these harmful substances are addictive, and it is important to restrict the use of the products by young people as much as possible. It makes me smile to think of an interview I heard at the end of last week. Louis Lemieux, a morning host on the RDI news network was having a rather candid interview with Sylvie Fréchette, spokesperson for No Tobacco Day. He spoke about his own desire to quit smoking. He was even wearing a patch during the show. During the interview, Mr. Lemieux admitted that he did not think many people enjoyed smoking, but that it was difficult for them to quit because they were addicted.

We do not want our young people to develop an addiction to tobacco products during their development in adolescence. So it is important, in accordance with paragraph 4(c) of the 1997 Tobacco Act, to try to restrict access to tobacco products for young people as much as possible.

We have some interesting statistics from the Institut de la statistique du Québec. Our young people, both boys and girls, begin smoking cigars between secondary 2 and 3, that is, grades eight and nine. About 21% to 22% smoke cigars. We tend to believe that things are the same as in an earlier time and that only boys smoke; however, girls smoke now as well and that is not what we want for them.

Exactly what is Bill C-32 trying to do? It introduces three things.

It prohibits certain types of flavouring agents used in little cigars or cigarillos. Surely everyone has seen them. The little cigars now come in cute packaging resembling a package of candy or treats in all kinds of flavours that are unusual, interesting and colourful. This bill will eliminate these flavoured tobacco products from our stores.

It also prohibits the sale of single products. Young people do not necessarily have a lot of money. They often manage on odd jobs or perhaps gifts or allowances from their parents or grandparents. They do not necessarily have the money to buy a package of 20 or 25 cigars or cigarettes. At present, these flavoured little cigars are sold individually or in packages of three, five or eight. Subclause 10(1) of the bill reads as follows:

No person shall import for sale in Canada, package, distribute or sell cigarettes, little cigars or blunt wraps except in a package that contains at least 20 cigarettes, little cigars or blunt wraps or, if a higher number is prescribed, at least the prescribed number.

From now on, it will be much harder for minors to purchase these products because the larger packages will be more expensive.

With respect to advertising, current legislation allows tobacco product manufacturers and distributors to advertise in publications that have an adult readership of 85%. It is also interesting to note that there will be some advertising restrictions because we noticed that some of these publications were being distributed free of charge and were available to everyone, including minors. These publications may have been community, culturally or socially oriented, and their content may have been of interest to young people.

It is interesting to note that, to prevent these ads from reaching minors, legislators decided to take that option away from advertisers who wanted to put tobacco advertising in such publications.

I also want to point out that the Government of Quebec did not wait. I always like to remind people that the Government of Quebec and Quebeckers generally do the responsible thing when they realize that it is in the collective best interest and in young people's best interest.

The Government of Quebec has already implemented a number of rules to limit minors' access to tobacco products. According to Quebec law, a package had to include at least 10 units of a tobacco product and had to be priced above $5. As of June 1, that went up to $10. In Quebec, tobacco products are now out of sight of consumers, so when minors go into convenience stores, they will not see tobacco products that they might be tempted to buy.

However, I want to emphasize that, if we want to win the war on tobacco use among young people, we have to be much more open in our interpretation and enforcement of the measures we want to implement. If the per-unit cost is a factor for young people, then which currently available products will they buy? They will buy contraband cigarettes.

Everyone knows these cigarettes are easy to get and inexpensive. They are not, however, monitored in any way as far as ingredients or contents are concerned. What is more, they are not monitored for their ignition potential, either. If there is no clear, effective, vigilant and concerted attack on contraband tobacco, thanks to Bill C-32, young people will no longer be able to get cigarillos or flavoured tobacco products but they will be able nonetheless to turn to other products, such as contraband cigarettes.

Any one of us can look around near a high school to look at the ground where the kids hang out and find a number of butts. We will of course find some cigarillo butts, but we will also find a lot of butts from contraband cigarettes. If the legislator's clearly stated desire is to restrict the marketing of tobacco products to young people, and their access to those products, it is vital to attack contraband tobacco products in a vigorous and clear manner.

To date we have had no clear sense that the government is firmly committed to attacking this problem. I am certain that all the stakeholders will very definitely be in favour of much stronger and more effective measures against contraband. The survival of many businesses depends on it, of course, but it is also important to remember that all governments are increasingly concerned about tax leakage due to contraband. In addition, as I said earlier, it is impossible to analyze the content of the contraband products in circulation.

Another slight contradiction in the bill concerns the flavours covered by the bill. Why are menthol products still allowed? The bill puts them in a separate category, and manufacturers will still be able to make and sell menthol products, even though products flavoured with raspberry, vanilla, cherry, wild blueberry, peach, strawberry, cinnamon, honey, black cherry and rum are prohibited. Menthol is being kept because it is apparently not a flavour young people appreciate. But how do we know which of the flavours I listed young people like better than others? In my opinion, menthol should not be excluded.

Moreover, many new products will come on the market, and the government does not even make provision for them in the current version of the bill.

This is a flaw I noticed. It will be important to know why. When cigarillos came on the market, they were not very popular at all, just like other new products, but look how popular they are now.

In conclusion, I call on my colleagues to refer this bill to committee.

Tobacco ActGovernment Orders

June 3rd, 2009 / 5:15 p.m.
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NDP

Jim Maloway NDP Elmwood—Transcona, MB

Mr. Speaker, I think the bill is certainly a good step forward.

Over the years we have found that scaring people with warnings on cigarette packages and so on has had an effect, but people are still managing to smoke. We tried raising the prices, and we raised them so high we saw increased smuggling efforts with contraband cigarettes showing up on the market. Some people did stop smoking, but still we have a problem here.

I would like to know whether the member agrees that at some point the government will perhaps have to look at providing financial incentives to existing smokers to stop smoking. Perhaps we could look at administering that through the medical profession. I am not sure what mechanism could be used, but there has to be a way to work out a program with doctors so that if people stop smoking the government would provide an incentive. To the extent that this would work, I think we should take a look at exploring that avenue as well.

I would like to know what the member thinks of that idea.

Tobacco ActGovernment Orders

June 3rd, 2009 / 5:15 p.m.
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Bloc

Luc Malo Bloc Verchères—Les Patriotes, QC

Mr. Speaker, I thank my colleague for his very pertinent question. As I mentioned earlier, people try to find ways to quit smoking because they do realize that cigarettes are harmful to their health. Without naming him, I would like to congratulate one of my colleagues in this House, who has decided to stop smoking because it is important for his health.

It is important that, collectively, we try to find effective means of allowing our fellow citizens to make choices about their health even though we know it is difficult to stop smoking.

Tobacco ActGovernment Orders

June 3rd, 2009 / 5:20 p.m.
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Liberal

Michael Savage Liberal Dartmouth—Cole Harbour, NS

Mr. Speaker, I am pleased to have the opportunity to speak to Bill C-32, which is a very important piece of legislation, particularly as it affects public health.

What is Bill C-32? This enactment amends the Tobacco Act to provide additional protection for youth from tobacco marketing. It repeals the exemption that permits tobacco advertising in publications with an adult readership of not less than 85%. It prohibits the packaging, importation for sale, distribution and sale of little cigars and blunt wraps unless they are in a package that contains at least 20. It also prohibits the manufacture and sale of cigarettes, little cigars and blunt wraps that contain the additives set out in a new schedule to that act as well as the packaging of those products in a manner that suggests they contain a prohibited additive.

This is a really important piece of legislation, and I have a particular bias on this.

When we look at legislation affecting tobacco, the first thing we have to accept is that tobacco has no redeeming qualities. One could argue that for people who smoke the taste is a redeeming quality, but there are no redeeming qualities. It is dangerous, it is addictive and it shortens life.

Tobacco abuse is sometimes compared to alcohol abuse, but there are some significant differences. One difference is that alcohol can be used responsibly in moderation. Some research even indicates that there are health benefits to certain types of alcohol. We often hear about red wine. Even the beer distributors have evidence indicating that beer used in moderation can be helpful. It has not helped me very much, but I accept the argument. Whether one believes it or not, it can be argued that alcohol does not automatically shorten life. Of course the abuse of alcohol can have dramatic impacts: early death, drinking under the influence, et cetera. But we have laws that pertain in those circumstances.

Tobacco has no health benefits. It is very important that we ensure young Canadians do not fall into this trap and become addicted to tobacco. The bill is important for that reason, and for me it has a historical importance as well. From 1991 to 2004, I was very involved as a volunteer with the Heart and Stroke Foundation in Nova Scotia and in Canada. I was the president of the Heart and Stroke Foundation in Nova Scotia for three or four years, and I served on the national board for a number of years.

I had the opportunity to work with some great health advocates who worked very hard in the anti-tobacco strategies. Joan Fraser was a mentor to me in Nova Scotia, and Jane Farquharson was a pioneer in healthy living. Mary Elizabeth Harriman, who works with the Heart and Stroke Foundation nationally, and is now the executive vice-president, was involved in health promotion when I worked with her on a number of these issues. Sally Brown is now the executive director of the Heart and Stroke Foundation and she has been for a number of years. People in Nova Scotia, like Tanya Willis, Rollie Jameson, Grant Morash, George Buckell, are business leaders who became presidents of the Heart and Stroke Foundation and advocated for many issues, including but not specifically restricted to the battle against tobacco.

The Heart and Stroke Foundation has done a great deal of work on the anti-tobacco strategy. The key was when the organizations with a common interest in promoting healthy living, particularly as it pertained to tobacco but also on other things like obesity and other issues, started working together. The health charities round table in Canada had great success. They have done a lot of great work. We know the work that the Canadian Cancer Society, the Canadian Lung Association, Physicians for a Smoke-Free Canada, the CMA and other organizations do. Those organizations have been active on this for a long time.

We have come a long way in the battle against tobacco, but it was not always easy. I can recall 30 years ago that my now mother-in-law told people that if they were going to smoke in her house they should leave. That was radical in those days. People thought she was crazy. They thought she was hypersensitive to tobacco smoke to actually ask someone to leave her house to smoke. That was only three decades ago. They thought it was just an inconvenience. They did not understand the health detriment of second-hand smoke. That is not that many years ago.

We have come a long way, but it has not always been easy. At times success came incrementally, in small steps, and the tobacco advocates, who were well financed and well resourced, fought back every step of the way. But success has come to some degree. It has not come all the way, but it has come, and we have reduced the incidence of smoking. It has taken a lot of hard work.

I can recall a time, probably about 10 years or so ago, when the Liberal government of the day was cracking down on tobacco companies being able to sponsor events. The tobacco companies, to their credit, were very involved in things like the artistic community.

I remember arriving at my office one day and receiving calls from two organizations with which I was involved. One was from the Heart & Stroke Foundation of Nova Scotia asking if I would write a letter encouraging the government, in the piece of legislation that it was pursuing, so that tobacco companies could not sponsor events and take advantage of that sponsorship to leverage people to become addicted to smoking. That was fine.

I was also on the board of Neptune Theatre, probably the finest theatre company in Canada, with the possible exception of Eastern Front Theatre in Dartmouth, Nova Scotia, and perhaps the St. Peters Playhouse. The one in Charlottetown is not half bad, I must say, thanks to Anne of Green Gables and a number of other fine productions.

When I was on the board of Neptune Theatre I was asked to write a letter opposing the legislation because Neptune Theatre was the beneficiary, largely of du Maurier but other companies that provided sponsorship. It was a difficult position. Tobacco companies knew that governments had been reducing their role in the artistic and cultural communities and that they had an opportunity. To their credit, they stepped in.

I wrote the letter for the Heart & Stroke Foundation, which was the right thing to do. The Heart & Stroke Foundation has been a great advocate on a number of things.

We have had discussions in the House on things like trans fats. The Heart & Stroke Foundation has led on Health Check, where it identifies products that are healthy for people and puts a check mark on them so that when people go to grocery stores they will know what is healthy and what is not because consumers still have an awful lot of trouble identifying what is actually good for them and do not understand all the ramifications and differences in products, such as polyunsaturates, trans fats and everything else.

My bias on this bill is the work that I did with the Heart & Stroke Foundation and the people I met, including the many people who had become addicted to tobacco. Quite honestly, in my parents' generation it was a pretty easy thing to do. It seemed everybody smoked and, before they knew it, they were hooked on tobacco. Thank heaven, today my own children face probably more pressure if they do smoke than if they do not, although there are some areas where that is not always the case.

We have had great champions in Nova Scotia. I recall Ron Stewart, who was the minister of health in Nova Scotia in my father's government in the 1990s. He postulated at one point in time that we should not have things like the candy licorice pipes. I am sure members have had those before and probably in recent years. I have been known to enjoy them myself. However, the idea was that maybe we should not have them because it makes it easy for kids to become accustomed to pretending that they smoke and eventually they do. He was pilloried. People thought he was crazy. I think he was ahead of his time, as Ron Stewart always is.

Dave MacLean is with Heart Health Nova Scotia. I am very proud of the fact that in Nova Scotia, when I was involved in the Heart & Stroke Foundation, we had an organization that pulled together a number of advocates in public health, largely on smoking, headed by Dr. Dave MacLean, who was a champion on this issue. He is now at Simon Fraser University. Both he and his wife have teaching positions there. He was a pioneer.

Anne Cogdon in the city of Dartmouth was very involved in the healthy communities project.

Those are people who understand that people should not smoke. There was a day when people said that we were taking away their freedom. It was like seat belts and a number of other things but there is a role for the state in ensuring we provide opportunities, and not dangerous ones, for all citizens, but particularly for children.

I was always proud of the fact that Nova Scotia, under the Progressive Conservative government of Dr. John Hamm, back maybe five, six or seven years ago, was the first province in Canada to have a health promotion department. I give Dr. Hamm and people like Scott Logan, who worked there, a lot of credit. They were very active in ensuring people knew the facts about smoking, gambling, alcohol abuse and a whole bunch of other issues. I am proud of the fact that Nova Scotia, under Dr. Hamm's leadership, was the first province to bring in a health promotion department.

I have had the opportunity to speak to a number of my not-for-profit friends about this bill, organizations like Heart & Stroke, the Cancer Society, the Canadian Medical Association, Physicians for a Smoke-Free Canada and the Lung Association. They want this bill passed. It may not be perfect and, in fact, I would argue that it is not. A number of things need to be looked at and adapted in the health committee but we need to get this through the House, which is what people are calling for.

I would like to quote Rob Cunningham, senior policy analyst at the Canadian Cancer Society. He stated:

The Canadian Cancer Society strongly supports this bill as it will lead to fewer Canadians starting to smoke and encourage more to quit.... By working together to quickly pass this bill, federal MPs will send a clear message that the health of their constituents and all Canadians comes first. Cancer is a non-partisan issue.

Speaking of cigarillos, which I will speak to in a second, which come in fruit flavours and things like that, he says:

There is the risk that these flavoured products would be a starter product for kids who would never otherwise start smoking,

There is a concerning rate of cigarillo smoking among young Canadians. The Heart & Stroke Foundation, the aforementioned Sally Brown is doing a wonderful job with the Heart & Stroke Foundation. I am proud to say that I was part of the search committee that recommended her. She said:

Protecting children from harmful tobacco industry products such as candy-flavoured cigarillos and their associated marketing is critical to ensure that children do not get hooked on tobacco. This is crucial because long-term tobacco users, half of whom die from their tobacco use, more often than not begin their addiction in their youth. This initiative is critical to reducing the risk of heart disease and stroke.

I would also mention Paul Thomey, the chair of tobacco policy for the Canadian Lung Association, who was quoted as saying:

These are positive steps forward in the fight against tobacco. Strong measures such as these not only will protect Canada 's children from the harmful effects of smoking, but will also serve to curtail industry tactics aimed at marketing their products to the youth of this country.

The president of the CMA said, “Closing loopholes is a huge step forward in protecting our children from a deadly addiction to tobacco”. This is a very serious issue for many people.

I have spoken to my friends at the Heart & Stroke who have suggested that we should pass the bill and get it to committee and perhaps the health committee would amend the bill to address smokeless tobacco products: oral, chew, spit tobacco, et cetera. Some of these products contain flavourings that are meant to appeal to youth. We think that should be dealt with at the committee level.

Other speakers have probably referred to this, but how could we believe anything other than the fact that producers of tobacco products are trying to get children addicted to their products when chewing tobacco comes in flavours that appeal to kids? We should think about that. These are flavoured products that are meant to appeal to children and that needs to be changed.

We should think about how deliberate these strategies are, and this is for both smoking and for smokeless products. Little cigars, the cigarillos, whose sales have exploded in recent years, come in these flavours: grape, peach, tropical punch, chocolate and bubble gum. These are not the boys in the fishing camps sitting around having some bubble gum flavoured chewing tobacco that they are appealing to. These are my kids, other members' kids and grandkids and other children across the country. It is really abhorrent. They are not breaking the law right now. We need to change the law so that if they do it, they do break the law because our grandchildren are too important to the future of this country. Who are these intended for? It is pretty clear.

Bill C-32 would deal with what I think is a rotten marketing practice. We are told that more than 400 million little cigars were sold in Canada in 2007 and that must stop. The bill would deal with that. It also would deal with the practice of selling cigarillos in small quantities. That is the other thing. Flavoured products are sold in ones or twos. It is a lot easier for kids at recess or kids at lunchtime to get one or two than if they are mandated to come in a pack of 20 or more. We dealt with this with cigarettes. We cannot buy one or two cigarettes but we can buy one or two root beer flavoured cigarillos or tropical punch. This needs to be changed.

It should never be easy for children to buy tobacco. As a father, the thought of my children becoming addicted to these products is frightening. Any one of us would hope that would never be the case.

Another issue that my colleague from St. Paul's has spoken to quite passionately and very effectively to is the issue of contraband tobacco. In 2008, three billion more contraband cigars were sold than in 2007. That is $2 billion in lost government revenue. Officials estimate that 200 small cigars cost $8 to $15 and not what it should be, which is in the range of $55 to $80. That is a huge problem that needs to be dealt with. It is a huge percentage of the issue that we have to deal with here.

I now want to talk about advertising. We thought we had dealt with this issue because the law was that companies could not advertise tobacco except in publications where at least 85% of the readership were adults. However, there has been a strong resurgence of advertising recently. Who knows where a lot of these publications that carry these ads go. There is no way of knowing if children are getting them and reading them, finding them on the street or if the publications are being distributed for free. Therefore, that exemption for publications where at least 85% of the readership are adults, needs to be dealt with. We really cannot regulate the distribution of advertising in today's society.

We have made some good strides. I will read an article which states:

A recent resurgence of tobacco advertising--over 400 ads nationwide--between November 2007 and December 2008--has exposed young audiences to tobacco sales pitches.

Full colour tobacco ads have been appearing....

Between November 2007 and December 2008, tobacco companies spent approximately $4.47 million dollars to place nationwide ads....

That also would be dealt with by this bill.

We have made some great strides on the issue of dealing with tobacco and the dangers that it can cause. A lot of credit goes to organizations like the Canadian Cancer Society, the Heart & Stroke Foundation, Physicians for a Smoke-Free Canada, public health agencies across the country, municipal public health organizations, doctors, nurses, teachers, and many others who have brought this message forward for us. I think young people are much more aware of the dangers of smoking than they used to be, certainly more than when I was a child when it was kind of cool to smoke. I do not think that is the case any more. When I talk to my children, they do not think smoking is cool at all, and I want to keep it that way. It is good that we are headed in the right direction but it is nowhere good enough.

Good public education is in fact the key, as it always is, but so is good public policy. The government has a role in ensuring that we provide safe and healthy communities for all of us, but particularly for our children.

There have been a number of champions in this House. I think of former health ministers. like Dave Dingwall and Allan Rock, who did a lot of work on this issue. I think of my NDP colleague from Winnipeg North. I know this is an issue that she takes very seriously and it is an issue that she has championed in private member's bills. She deserves credit. I am sure she is very happy that this bill has come to pass and that she would want to get it into committee.

I also think of my colleague from St. Paul's, the former and first minister of public health in Canada, the originator of the Public Health Agency of Canada. We recognize that the Public Health Agency of Canada, when it was set up, was set up largely in reaction to the issues like SARS and was to deal with things like West Nile virus, but also that there are chronic health disease issues in Canada that are taking a huge toll on our health system and on our citizens.

The biggest issue we face in managing our health care costs today is chronic disease. Tobacco has no positive health benefits. It is designed and produced to be detrimental to health. It is highly addictive. For years, led by public health champions, Canadians have resisted the tobacco lobby and made progress against smoking. We have moved forward. Smoking is now severely restricted in public places, for example; advertising and promotion is curtailed; packaging has been legislated.

My colleague from Scarborough—Guildwood passed a private member's bill a few years ago that affected the burn rate of cigarettes. Again, he faced opposition.

Progress has come but this is now the new battle for our children. We must not allow our children to be easily led down a very dangerous path: a path of addiction to tobacco.

This bill is a very good start and I encourage all members to support the bill and get it into committee where we can make it even better.

Tobacco ActGovernment Orders

June 3rd, 2009 / 5:35 p.m.
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NDP

Jim Maloway NDP Elmwood—Transcona, MB

Madam Speaker, I am pleased that in his excellent speech the member recognized all the work that my colleague, the member for Winnipeg North, has done on this file. She introduced a bill in the spring of 2008 on this very subject in an effort to pressure the government to act. It has taken a while, but the government has finally brought in a bill. We support the bill.

I asked the member for St. Paul's yesterday when she made her speech about the possibility of going beyond where we are in this area. We have scared people with warnings. We have raised the price of cigarettes to reduce smoking. Does the member think that at some time in the future, and maybe not so far in the future, we will have to look at providing some sort of financial incentive to people to get them to stop smoking? A program like that could probably be administered through the medical system. For example, a patient who was addicted to cigarettes would get involved in a program run by a doctor, and upon completion of the program and upon stopping smoking, would get some sort of financial reward from the federal government.

Doctors could be much more aggressive than they have been in encouraging people to improve their health. We should be mandating the medical system in our country to be more aggressive in trying to get people to live more healthy lifestyles.

I would like the member's comments.

Tobacco ActGovernment Orders

June 3rd, 2009 / 5:40 p.m.
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Liberal

Michael Savage Liberal Dartmouth—Cole Harbour, NS

Madam Speaker, the member's comment makes sense on many levels.

Physicians and nurses in Canada have played a big role in reducing smoking. Physicians for a Smoke-Free Canada and the CMA have been active on this file.

There is no question that if we look at the health costs of tobacco use, the money could be much better used at the front end in terms of health promotion so that we could actually do more to prevent people from smoking. The money could also be used for a smoking cessation program.

I am pleased the government has brought the bill forward, but on the other hand, I am disappointed that the government cancelled the smoking cessation program for aboriginals.

There are a number of things we should be putting money into now that would encourage people to stop smoking, but even before that we need education policies to encourage young Canadians not to start in the first place.

The economic case for what my colleague is talking about is pretty clear.

Tobacco ActGovernment Orders

June 3rd, 2009 / 5:40 p.m.
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Liberal

Joe Volpe Liberal Eglinton—Lawrence, ON

Madam Speaker, I want to compliment my colleague on his intervention with respect to the health issues associated with smoking and the abandonment of smoking.

There are two issues I wish to raise, and I hope there will be enough time for him to address them. He alluded to one of them and that is the issue of contraband cigarettes and all that they impose on the system. The other issue is enforcement.

My colleague has already acknowledged that the bill has a considerable amount in it that needs to be addressed and reviewed. Imposing fines such as $50,000 for infractions is a very important issue, but most people who are involved in anti-smoking strategies admit that enforcement of these measures is more important.

Other governments in the past have discovered that the most common measure for promoting anti-smoking has been to increase the price of legitimate cigarettes. What has happened is that those cigarettes have been replaced by ones from less legitimate manufacturers and retailers, in the process criminalizing a lot of people who engage in the manufacture, sale and distribution of illegitimate cigarettes. There is nothing in the bill that addresses a mechanism to ensure that contraband distributors and sellers of the product are put in the target area. Today there are a lot of people who will actually deliver contraband cigarettes to the home. They will arrange meetings. They have phone numbers. They hand out business cards.

I know my colleague is going to look at this in committee, but I wonder if he would comment on this a bit further because the bill deserves to be supported if it includes all the dimensions of an anti-smoking strategy.

Tobacco ActGovernment Orders

June 3rd, 2009 / 5:45 p.m.
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Liberal

Michael Savage Liberal Dartmouth—Cole Harbour, NS

Madam Speaker, my colleague is entirely right that this issue demands more attention in committee on the regulation and enforcement of what is happening in the contraband market. I can recall when my father was premier of Nova Scotia and the price of cigarettes went up back in the 1990s. There was a huge problem with contraband product.

We have to get very serious about this. We are looking at a price difference of between $8 and $15 versus $55 and $80. Unless we do something about that contraband market, we cannot make the impact we need to make across the board. I absolutely agree with his comments.

His comments are much more learned than anything I could add to that particular topic. I think it has to be looked at in committee, but it is really important that we get this bill through and get something done about this. This is a step in the right direction.

Tobacco ActGovernment Orders

June 3rd, 2009 / 5:45 p.m.
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Liberal

Andrew Kania Liberal Brampton West, ON

Madam Speaker, I would like to compliment my friend on being an advocate on behalf of his constituents and Canadians on issues that matter, such as this one, and of course on employment insurance reforms which are desperately needed in Canada right now.

In terms of this particular topic, my friend mentioned in his speech that historically, tobacco advocates have always fought back, and they are doing it again with respect to this legislation. Many arguments have been used. One of them is that if this legislation passes, there will be an increase in smuggling and related contraband.

I would like the member's views on that topic and the advocates, and whether this bill should be passed in that light.