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

Michael Savage Liberal Dartmouth—Cole Harbour, NS

Madam Speaker, my colleague from Brampton West is a very knowledgeable and well-informed person.

Let me read a comment that came from a representative of one of the tobacco companies in speaking about this bill. He said that his company “does not target minors in any of its marketing and advertisement efforts, the focus is really towards adults”.

Bubble gum, tropical punch, chocolate, grape, peach and whatever else, these are not flavours typically geared toward the adult market. I understand people are in business. They are legitimate business people. I do not want to suggest that anybody is criminal in what they are doing. That is not what I am saying.

What I am saying is that the government has a role to stand up for the rights, the safety and the future of our children. When it comes to tobacco, this bill is a step in that direction. We have to do more on this. We have always had fights with the tobacco lobby when it has come to making changes and improving public health safety in this country, and we are going to have to do it again. The good news is that we have been steadily winning, but we cannot slip back with things like smokeless tobacco, chewing tobacco and these cigarillos that are marketed to children.

This bill is a step in the right direction.

Tobacco ActGovernment Orders

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

The Acting Speaker NDP Denise Savoie

The hon. member for Eglinton--Lawrence has time for a very short question. We have one minute left.

Tobacco ActGovernment Orders

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

Joe Volpe Liberal Eglinton—Lawrence, ON

Madam Speaker, I will cede the floor to my colleague who made an intervention on health prevention that I think merits expansion.

He talked about the ways we would be proactive in terms of delivering the message of a smoke-free society. I am wondering if he would comment on that, given that he also has some experience with many of the enterprises that initially objected to those kinds of measures and strategies in the retail industry, whether they were in the entertainment business or the food business.

Tobacco ActGovernment Orders

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

Michael Savage Liberal Dartmouth—Cole Harbour, NS

Madam Speaker, the future of our health care system is in advocating for population health, public health, promoting healthy living among all citizens but particularly among kids, making sure that they do not smoke tobacco, making sure they lead a healthy lifestyle, making sure there is physical education in the schools, and making sure they have safe foods.

I hope that the Public Health Agency of Canada models itself on the vision of the former public health agency minister, the member for St. Paul's. It was a very strong model which I think we may have gotten away from just a little bit.

We should and can have a public health care system that is publicly delivered and publicly funded, but we have to do everything we can to get out in front of sickness instead of waiting for it to happen.

Tobacco ActGovernment Orders

June 3rd, 2009 / 5:50 p.m.
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Bloc

Nicolas Dufour Bloc Repentigny, QC

Madam Speaker, before anything else, I would like to congratulate my colleague from the Liberal Party on his fine speech.

I will pick up on his final comment, that indeed any campaign against smoking encompasses not just a battle against cigarettes but also an overall approach to the causes of tobacco addiction. A large part of this will involve education. Major advances have already been made on the educational level to raise public awareness, among young people in particular, in order to make sure they do not start smoking at that age, and then be stuck with it for the rest of their lives. There is therefore far more to be done than just to take concrete actions on today's smokers or the tobacco companies. There is also the whole educational approach to the diet and physical fitness of our young people, long before any direct attack on cigarettes.

The Bloc Québécois is in principle in favour of Bill C-32, although it is not of great use to Quebec, where the Government of Quebec has already enacted stricter control over cigarillos. I would like to take just a minute to show you that, once again, Quebec has been proactive rather than reactive like the federal government. Quebec has had an anti-smoking strategy for ages. For about three years now, there has been legislation in place banning smoking in bars and restaurants. Before that, there were segregated areas. but now smoking in public places is completely banned.

I must admit that this measure has made considerable strides toward reducing smoking, because smokers really have nowhere left to smoke except at home and outside. Even outside, it has to be nine metres away from a building. So it can be seen that Quebec has already taken great steps toward reducing smoking. Now too, corner stores have to store cigarettes in a closed cabinet so that young people who come into the store are not attracted by the packages of cigarettes.

I would like to come back to cigarillos. There is a problem: young people are smoking more and more, and start with cigarillos before gradually making the move to cigarettes. As my colleague said earlier, although tobacco companies are legitimate—we have nothing against the companies themselves—I have a problem with their ethics when they launch a vigorous marketing campaign targeted at young people and the most vulnerable people in society.

As a member of the Standing Committee on Health, I have heard from a huge number of representatives from anti-tobacco lobbies, including Physicians for a Smoke-Free Canada, which the Liberal member is very familiar with. This group showed us the new packaging and tobacco products. I must admit that it is very scary. I am not afraid of the box itself, but of the way things are being done. There are advertisements with bright colours targeted directly at young people. Tobacco companies are trying to make it attractive and get young people interested in smoking. Everyone knows that the products in cigarettes and cigarillos are extremely toxic and addictive. They will make young people want to smoke. That is what is so great about their strategy. I am being sarcastic, of course.

Young people start with a little cigarette or cigarillo. The companies try to encourage them to buy just one or two. They make small packages of five cigarillos so that young people buy only a package, and thus do not consider themselves real smokers. Unfortunately, they start with a small package of five cigarillos, which gradually leads them to cigarettes, and maybe even worse. We can see that these companies have a marketing strategy to find young people on high school grounds or in CEGEPs, so that they gradually develop a dependence on cigarettes or cigarillos, and eventually become smokers—heavy smokers at that.

In spite of everything, the number of smokers has gone down over the years. My colleague to my left stopped smoking three months ago, and I want to congratulate him, because it is a very brave thing to do. He deserves a round of applause. He has tried to stop smoking for three months, and I encourage him to keep at it.

The number of smokers is going down from one year to the next. We have come a long way since the 1950s, when physicians said that cigarettes were good for your health and had studies to back their claims. I do not know whether hon. members remember this. Unfortunately, I had not yet been born in 1950, but the cigarette companies, with the help of the medical profession, sold their products without too much difficulty. People still did not know about all the problems cigarettes caused. Education has played a prominent role in the decrease in the smoking rate.

It is therefore important to raise awareness, especially among children. Public awareness of the harmful effects of cigarette smoking has caused this huge decrease from one year to the next. Certainly, there is still a lot of work to be done, but the bill is a step in the right direction and a way to continue bringing down the number of smokers.

Needless to say, there are some things missing from the bill. First, it should have more teeth, particularly to combat contraband cigarettes. I will come back to this. Bill C-32 lacks teeth, but it is a step in the right direction, and we will be able to study it in the Standing Committee on Health, which is what I am going to do, and do thoroughly, have no fear.

Reworking this bill in committee will give us the chance to make certain amendments so that the bill has more teeth. Of course, we will have to consult groups such as Physicians for a Smoke-Free Canada to find out what sort of amendments they would like to see made to this bill.

The Bloc Québécois believes that cigarillos and all other tobacco products should be subject to the same prohibitions as cigarettes. Efforts to reduce the visibility and consumption of cigarettes must not be thwarted by the emergence of other equally harmful products.

The Bloc Québécois is asking that, as for cigarettes, it be prohibited to advertise tobacco products to children under 18, that all products display warnings about the dangers of smoking and that these products be hidden from public view.

As I was rereading my notes to prepare for the debate on Bill C-32, I got to thinking about the little labels on cigarette packages that show pictures of gingivitis and say that smoking too many cigarettes can cause impotence. Those messages turn young people off of smoking. Of course, we still have a lot to do.

It would be unfortunate if some young people began to ignore these messages because they have seen them over and over. We will have to work hard to educate them. We also have to make sure that cigarillo packages carry the same messages as cigarette packages. That is extremely important. We have to show young people that cigarillos are just as dangerous as cigarettes.

Unfortunately, young people tend to replace one with the other, and it would be really unfortunate if cigarillo packaging did not have to follow the same rules as cigarette packaging. That is covered in part in Bill C-32.

Nevertheless, it is clear that Bill C-32 will not put an end to tobacco use among minors, as I said earlier, and that tougher measures, particularly with respect to contraband cigarettes, will have to be enforced to minimize minors' access to illegal tobacco products.

Not so very long ago, I was in high school and at CEGEP. At the time, I was not a smoker. I was stunned to see 15 and 16 year olds smoking on high school property without a care in the world. On the one hand, we prohibit the sale of tobacco products to minors, but on the other, we let them smoke on public property in full view of everyone else. That was a major contradiction. But it is not the only contradiction we will ever see. As I was saying earlier to my colleagues, democracy is all about managing contradictions.

The Bloc Québécois is calling on the federal government to use every legal means possible to put an end to the explosion of smuggling, including for example, seizing smugglers' vehicles. Quebec has had many problems with cigarette smuggling. Many of the cigarettes sold to our young people, and some not so young, do not come from legal sources, but rather are smuggled. If we raise taxes on cigarettes, the sale of legal cigarettes will go down and smuggling activities will increase. Since smuggled cigarettes will be cheaper, there will be much greater demand for them. That is the law of supply and demand. So if we raise the taxes on packs of cigarettes too much and do nothing else, this will have a completely negative effect, since smuggling will increase.

The government must take decisive action and ensure that cigarette smuggling is eradicated in very specific regions of Quebec and Canada. That is the problem, since we know where the smugglers are. We know who they are, but unfortunately, it seems as though there is some sort of political fear around taking steps to limit cigarette smuggling. Until something is done, there will always be problems with tobacco. We can do all the publicity campaigns and educating we like, but if one day we reach the critical point at which we cannot get the rate of smokers below 20%, then we will have to implement other strategies, such as eradicating smuggling rings, as I was saying earlier.

At the same time, we believe that although police action is crucial, certain regulations must also be amended in order to discourage smugglers. That is key. Eliminating the source, the supplier, is still the best way to prevent smuggling.

My very honourable colleague from Marc-Aurèle-Fortin, a former minister of public safety, did extraordinary work with respect to both cigarette and drug smuggling. At the time, the Parti Québécois government—which was not afraid to assume its responsibilities—took concrete action to eliminate these smugglers. He sent the police and enacted extraordinary measures in an attempt to eliminate networks of cigarette smugglers that were often criminal organizations. To tell the truth, they are all criminal organizations.

The following are some of the measures that should be implemented: prohibit unlicensed manufacturers from purchasing raw materials and equipment used to manufacture cigarettes; revoke tobacco licences from manufacturers who break the law; establish an effective marking system for cigarette packages—a marking and tracing system—that would allow for close monitoring of tobacco deliveries; and lobby the U.S. government to shut down illegal manufacturers located on the American side of the border. This is not just a Canadian problem.

We can pass the best laws in Canada to prevent the sale of cigarettes and cigarillos to youth and to attempt to prevent cigarette smuggling but it will still be futile if the American government does not help us out with our tobacco control strategy. It is extremely difficult to wage this war against these criminals all by oneself. I am not afraid to call them that because they are poisoning our youth.

We would like to see the fee for a federal licence to manufacture tobacco products raised to a minimum of $5 million, rather than the paltry $5,000 required today.

Madam Speaker, do you not think it is ridiculous that licences are only $5,000? Some colleagues are telling me that they are convinced that you believe it is ridiculous that these licences cost only $5,000.

Any one of us here and perhaps even most of those watching on television could afford it. Between you and me, this amount is a pittance for tobacco companies, which make billions of dollars in profit every year. It is a paltry $5 million.

Tobacco ActGovernment Orders

June 3rd, 2009 / 6:05 p.m.
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An hon. member

$5,000.

Tobacco ActGovernment Orders

June 3rd, 2009 / 6:05 p.m.
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Bloc

Nicolas Dufour Bloc Repentigny, QC

Rather, a paltry $5,000. We want to increase it to $5 million. I believe $5 million should be the minimum. Perhaps we could make it more than that.

This is impossible if all the stakeholders work independently. The federal government absolutely must coordinate the effort of the various organizations and departments because only one concerted effort will be able to address all the different aspects of tobacco addiction: prevention, education or even repressive measures against suppliers of contraband.

As I have said, there must be an overall approach to smoking. We cannot just go after the tobacco smugglers or raise the price of cigarettes. We really must have a concerted overall approach to all stakeholders to ensure that there are prevention activities in the schools, to go after the smugglers, and to use even more vigorous advertising to discourage young people from starting to smoke.

Mainly, we must try to discourage these manufacturers of harmful, dangerous products from advertising them with attractive campaigns to woo young smokers. They encourage young people to “try it, just a little”. They smoke a cigarillo or two, and the next thing they know they are smokers for life.

Finally, the Bloc Québécois believes that all measures focused on contraband cigarettes and cigarette smuggling on the reserves must be taken in conjunction with the aboriginal authorities. Cooperation in this area is vital, in order to identify and target the criminal organizations.

The purpose of Bill C-32 is a praiseworthy one: to discourage young people from smoking by limiting the availability of tobacco products and reducing the types of products available. The bill is also intended to correct some of the present shortcomings of the Tobacco Act, particularly the exception that permits tobacco advertising in publications with an adult readership of not less than 85%. This has led to the situation of such ads being placed in free newspapers or magazines that are readily accessible to young people.

To draw a parallel with what I was just saying a few minutes ago—and I will be brief because I am getting the one minute sign—I want to address the fact that young people are allowed to smoke in the school yard. So there are really some major shortcomings in the Tobacco Act and a concerted effort is needed to try and reduce smoking among young people. That is why the Bloc Québécois supports Bill C-32, despite the presence of certain points that perhaps need looking at in committee. We—my colleague from Verchères—Les Patriotes, who has done an excellent job on the Standing Committee on Health, and I—will make it our duty to try to wipe out tobacco addiction among young people.

Tobacco ActGovernment Orders

June 3rd, 2009 / 6:05 p.m.
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Liberal

Joe Volpe Liberal Eglinton—Lawrence, ON

Madam Speaker, I would like to congratulate the member who just spoke not only about smoking, but also about the problems the federal and provincial governments have preventing tobacco use and the criminal activities linked to tobacco. He spoke briefly about strategies, which he thinks are not yet comprehensive enough, and I agree, and about how to make them much more effective.

I would like him to take a few more minutes to explain and give more details on the strategy needed to target organized crime groups and organizations that, as he mentioned, are often found in predominantly aboriginal areas, as well as tobacco imported from the United States.

Does he have detailed strategies? The government is not at all interested in this subject. In fact, I see that no government members want to speak on this topic.

Tobacco ActGovernment Orders

June 3rd, 2009 / 6:10 p.m.
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Bloc

Nicolas Dufour Bloc Repentigny, QC

Madam Speaker, I appreciate my Liberal Party colleague's knowledge of the issue. So far, his questions have been very precise. I can see that he wants to crack down on contraband. Unfortunately, I do not know his riding very well; perhaps he will have a chance to show me around someday. I do not know if he has problems with cigarette smugglers. I would also like to thank him for differentiating between provincial and municipal levels and aboriginal reserves.

With respect to smugglers, key public safety players absolutely have to work together. In Quebec, a number of operations have been undertaken involving collaboration between Peacekeepers on reserves and the SQ or the RCMP, and sometimes even the Carcajou squad, which used to focus on drugs and sometimes infiltrated smuggling networks. In many cases, cigarette smugglers are not just smuggling cigarettes. We have to face the fact that they sometimes traffic in other drugs, and that is much more dangerous.

We need our police forces to work together to improve communication, which does not happen often enough. We have to respect jurisdiction, but sometimes on reserves, where there are lot of cigarette smugglers, Peacekeepers have a role to play because they know the community. All the same, they have to have good communication with the SQ and the RCMP to carry out coordinated raids to break up these networks.

Tobacco ActGovernment Orders

June 3rd, 2009 / 6:10 p.m.
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Bloc

Luc Malo Bloc Verchères—Les Patriotes, QC

Madam Speaker, I would first like to thank my colleague from Repentigny for his kind words about me. I could also say that I am extremely pleased with all of his efforts and his work in this House, particularly his work on the Standing Committee on Health, where I am pleased to serve with him.

The bill seems to completely disregard a number of new tobacco products that can be used by young people. Clearly, if we eliminate the market for flavoured cigarillos, manufacturers will try to find other ways to target young people to turn them into smokers.

Should the bill not contain more significant measures regarding the elimination of smokeless tobacco products? I would like to hear my colleague's thoughts on that. Does he not believe, as I do, that all the members of this House should do everything in their power to make the government yield on this?

Tobacco ActGovernment Orders

June 3rd, 2009 / 6:15 p.m.
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Bloc

Nicolas Dufour Bloc Repentigny, QC

Madam Speaker, what else can I say, after my colleague asks me such a great question. As we can see, smoking-related problems are very important to him, and so is defending our young people.

The hon. member for Verchères—Les Patriotes has in fact been our health critic for years now. He is therefore very knowledgeable about the issues and concerns of this debate. As always, he will do an excellent job. I just used an English word, “issues”. The proper word in French is “dossiers”. I thank my colleague from Sherbrooke.

Flavoured products are a serious problem. They are what encourage young people to smoke. So in committee, my hon. colleague from Verchères—Les Patriotes and I must challenge the government and propose amendments that will give this bill more teeth.

Tobacco ActGovernment Orders

June 3rd, 2009 / 6:15 p.m.
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NDP

Don Davies NDP Vancouver Kingsway, BC

Madam Speaker, I am pleased to see this legislation advance in the House. I am particularly pleased that this follows the hard work of my colleague, the hon. member for Winnipeg North.

I come from British Columbia, where we have one of the lowest rates of smoking in the country, one of the most health conscious populations in the country.

When I came to Parliament Hill and was met by people from the Canadian Medical Association, who showed me these products in tubes, flavoured cigarettes and flavoured rolling papers with flavours like peanut butter and jelly and cookie dough, I was absolutely appalled, shocked and disgusted.

Our country should not allow these products for sale because they are clearly geared at addicting our young people to one of the most carcinogenic and unhealthy products in the country.

Will my friend and his party be supporting the bill and doing everything they can to help make the bill law as soon as possible so we can protect the children of our country immediately?

Tobacco ActGovernment Orders

June 3rd, 2009 / 6:15 p.m.
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Bloc

Nicolas Dufour Bloc Repentigny, QC

Madam Speaker, I will answer his question directly, which does not happen often in the House of Commons. Yes, we will be doing that. It is extremely important.

My colleague spoke of an interesting problem, which I only had the chance to touch on even though I spoke for about twenty minutes. As a parliamentarian, I like to talk. I would like to talk about new tobacco products. Let us look at new tobacco products, how they are advertised and the casings used. Take cigarillos, for example. I challenge all MPs to do an eyeball survey. I did it. Cigarillo smokers are mostly youths; they are not people in their forties or fifties. These products truly target young people by using attractive packaging, design and flavours in order to get them to start smoking.

When young people see a peach-flavoured cigar, they may not realize the health hazards of this cigarillo, which looks quite harmless. A small peach-flavoured cigar is really cute. Unfortunately, it is extremely harmful and is just as bad, if not more so, than a conventional cigarette.

Tobacco ActGovernment Orders

June 3rd, 2009 / 6:15 p.m.
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Bloc

Gérard Asselin Bloc Manicouagan, QC

Madam Speaker, it is all well and good to want to pass laws here in Ottawa, just as laws have been passed in Quebec, but there cannot be one law for whites and one law for aboriginal people. There cannot be a double standard either.

We can tighten laws, make it harder to get cigarettes, raise taxes and try to discourage young people from smoking, but if the only way young people can smoke is to get cheap cigarettes, they are going to go to aboriginal communities.

It is too bad when a small corner store owner, who has a hard time making ends meet and depends on his clients and his environment, is charged because a young person with a false ID bought a pack of cigarettes. The store owner is fined $5,000, yet people can buy cigarettes near certain aboriginal reserves.

The aboriginal police, the Sûreté du Québec and the RCMP go by these businesses every day, but no one controls contraband cigarettes. They are all afraid to shoulder their responsibilities. That is what gives rise to contraband. I was a smoker, and I was asked whether I smoked Indian cigarettes. I did not smoke Indian cigarettes, I smoked real cigarettes.

Tobacco ActGovernment Orders

June 3rd, 2009 / 6:20 p.m.
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NDP

The Acting Speaker NDP Denise Savoie

The member for Repentigny has 15 seconds.