Bill S-228 (Historical)

Child Health Protection Act

An Act to amend the Food and Drugs Act (prohibiting food and beverage marketing directed at children)

This enactment amends the Food and Drugs Act to prohibit food and beverage marketing directed at persons under 17 years of age.

Child Health Protection Act

[Don Davies, NDP, Vancouver Kingsway, BC]

Mr. Speaker, I am pleased to rise today to speak in support of Bill C-252, which has the laudable goal of prohibiting food and beverage marketing directed at children of materials that are unhealthy and damaging to their health. This legislation is long overdue.

By way of a background, Canada's New Democrats have been advocating for a ban on unhealthy food and beverage marketing to children for many years. In 2012, over 10 years ago, the NDP member of Parliament for New Westminster—Burnaby introduced legislation to expressly prohibit advertising and promotion for commercial purposes of products, food, drugs, cosmetics or devices directly to children under 13 years of age. One can tell already from that short list that the bill was more ambitious than the one we are discussing today, which deals only with unhealthy food and beverages, but it dealt and engaged with the very same concepts before the House today.

In 2016, as has already been heard in the House, Senator Nancy Greene Raine introduced the child health protection act. It was called Bill S-228, and that legislation would have banned the marketing of unhealthy food and beverages primarily directed at children under 17 years of age. A bit later I will touch on how this bill has reduced that age to 13, and of course, under 17 would have been more ambitious. As I will advocate in my remarks today, it would have been preferable.

Health Canada held an online consultation in 2017 to seek feedback on restricting the marketing of unhealthy food and beverages to children. That was over six years ago. That consultation was open to the public, health organizations, industry and any interested stakeholders.

At the House Standing Committee on Health at that time, the Liberals unfortunately amended Bill S-228 to reduce the age limit from under 17 years to under 13 years old. They also added a five-year legislative review, which is a prudent measure.

According to UNICEF Canada, the proposed age cut-off of 17 was more likely than a younger age threshold to protect the most vulnerable from the harmful impacts of marketing. While there are different interpretations of children's evolving cognitive capacities, research suggests very strongly that not only are teens exposed to more ads than younger children and remember them better, but also that they have more means. Teenagers who are 15 and 16 years of age often have more expendable or disposable income, act in a more unsupervised manner and are more likely to purchase unhealthy foods than children under 13, yet I think, due to pressure from the industry, that threshold was reduced to 13.

Although Bill S-228 did pass third reading in both the House and the Senate, unfortunately that bill died on the Order Paper due to a Conservative filibuster in the Senate prior to the 2019 federal election. That has left us where we are at today.

I would also comment that the Liberal government has made a number of commitments since it was elected in 2015 that remain unfulfilled on this issue. The former Liberal health minister, in her 2019 mandate letter, was directed to “introduce new restrictions on the commercial marketing of food and beverages to children”. That was never followed through with.

The current health minister's 2021 mandate letter instructed him to support “restrictions on the commercial marketing of food and beverages to children.” I suppose it can be said he is supporting that, in the sense that the government side is supporting this legislation, but we must remember there has been no action from the government. This is a private member's bill we are dealing with here, not a government bill.

What is the result of the inaction? It is not benign. Each year, the Canadian food and beverage industry spends over $1.1 billion on marketing to children. This marketing appeals to children through product design, the use of cartoon or other characters, as well as fantasy and adventure themes, humour and other marketing techniques. Clearly these techniques work, with there being children as young as three years old who are brand aware and can recognize or name food and beverage brands.

This marketing to children means that over 50 million food and beverage ads per year are shown on children's top 10 websites alone. Their personal identifying information is collected from websites and apps for the purposes of further targeting online marketing. Children in Canada are observing an estimated 1,500 advertisements annually, just on social media sites alone, and nearly 90% of food and beverages marketed on television and online are high in salt, sugars and saturated fat. That is what we as policy-makers are faced with in the current situation.

Let us look at the facts. Poor nutrition and unhealthy food and beverage are key contributors to poor health in children. Good eating habits and avoidance of unhealthy food are key preventative elements of health policy. There is strong agreement among leading Canadian pediatric and allied health organizations that the impact of food and beverage marketing is real, significant and harmful to children's development.

Marketing to children has changed dramatically in the last 10 to 15 years. Today it is a seamless, sophisticated and often interactive process. The line between ads and children's entertainment has blurred with marketing messages being inserted into places that children play and learn. Marketing of food and beverages to children in Canada is largely self-regulated by the same industries that profit from the practice. Research reveals that these voluntary measures are not working. Numerous studies have found strong associations between increases in advertising of non-nutritious foods and rates of childhood obesity. One study by Yale University found that children exposed to junk food advertising ate 45% more junk food than children not exposed to such advertisements. In Canada, as much as 90% of the food marketed to children and youth on TV and online is unhealthy.

Three-quarters of children are exposed to food marketing while using their favourite social media applications. Again, the majority of those ads is for unhealthy foods that are ultraprocessed and beverages that are high in saturated fats, salt and sugar. This does not just affect children. Canadians are the second-largest buyers of ultraprocessed foods and drinks in the world, second only to the Americans. The result is that nearly one in three Canadian children is overweight or obese. The rise in childhood obesity in recent decades is linked to changes in our eating habits. Overweight children are more likely to develop health problems later in life, including heart disease, type 2 diabetes and high blood pressure.

Children are uniquely vulnerable to marketing manipulation until the point that they achieve two specific information-processing skills. The first is the ability to perceive the difference between commercial and non-commercial content, and the second is the ability to understand the persuasive intent behind advertising. Before the age of five, most children cannot distinguish ads from unbiased programming. Children under eight do not understand the intent of marketing messages, and they believe what they see. By age 10 to 12, children do understand that ads are designed to sell products, but they are not always able to be critical of these ads.

Canada needs to get in step with other countries in the world. Other jurisdictions have since adopted similar legislation, including Norway, the United Kingdom and Ireland. By the way, my Conservative colleague was questioned about Quebec earlier and the impact of their legislation, which has restrictions on advertising to children.

Here are the facts: Quebec's restrictions on advertising to children have been shown to have a positive impact on nutrition by reducing fast food consumption by 13%. That translates to 17 million fewer fast food meals sold in the province and an estimated 13.4 million fewer fast food calories consumed per year. Quebec has the lowest rates of obesity among five- to 17-year-olds in the country, as well as the highest rates of vegetable and fruit consumption in Canada. That is relative to every other province. Now, it is true that childhood obesity rate are rising everywhere, but I think the effect of this marketing is quite clear, which is that it has slowed the rising obesity and unhealthy consumption of food marketing in Quebec, partially at least because of their early and, I think, progressive adoption of legislation before the House now.

I would also point out that Quebec has prohibited all commercial advertising targeting children under the age of 13 since 1980, so it is very clear that it is the time for the rest of the country to get in step with this. I think most of us in here are parents, have siblings who are parents, or maybe intend to be parents at some point. Certainly, we were all once children. It should be non-controversial to say that marketing of unhealthy products to our children in this country should be something that we are vigilant on and that we should act to prohibit. I urge all my colleagues to support this legislation before the House today.

[Patricia Lattanzio, Liberal, Saint-Léonard—Saint-Michel, QC]

moved that the bill be read the third time and passed.

Mr. Speaker, it is an honour for me to rise today to discuss my bill, Bill C-252. I would like to take this opportunity to sincerely thank my colleagues for all their support and hard work in advancing the bill.

Bill C-252 essentially seeks to prohibit the marketing of foods that contain excessive amounts of sugar, sodium and saturated fats to children below the age of 13.

Additionally, the bill contains a provision that would mandate Health Canada to monitor the impact of the bill on the marketing of foods and beverages to teenagers between ages 13 and 18. This is done in an effort to ensure that food companies and advertisers will not simply turn around and amp up their marketing to teenagers to compensate for these new limits. Hence, the bill would provide an opportunity to verify the impact of this legislation and make adjustments if necessary.

One of the most concerning health issues for Canadians today is childhood obesity. To date, one in three children in Canada is either overweight or obese. We know that obesity leads to higher lifetime risk of developing severe health conditions, such as high blood pressure, diabetes and other chronic diseases.

Obesity increases the risk of at least 11 different cancers, and evidence has shown that diet-related diseases now kill more Canadians than smoking. In 2019, dietary risk factors contributed to an estimated 36,000 deaths, and the burden of chronic diseases, impacted mainly by diet and other modifiable risk factors, has been estimated to cost $13.8 billion in Canada.

Despite these dire consequences, the proportion of obese children has nearly tripled in the last 25 years. Our government has recognized these issues, and that was why it launched, in 2016, the healthy eating strategy to help make the healthier choice the easier choice for Canadians.

In 2019, the revised Canada's food guide provided Canadians with relevant, consistent and credible dietary guidance. In 2020, sodium reduction targets were published to encourage sodium reduction in food supply. However, there is still more work to be done.

It is a well-established fact that one of the major explanations for obesity is attributed to food marketing to children. The World Health Organization recognized the marketing of foods and beverages to children to be problematic as early as 2010. In fact, in a recent policy brief, it went as far as to call the evidence that food marketing altered food preferences, choices and purchases as unequivocal. Furthermore, the World Health Organization stated that food marketing not only affected children's physical health, but it also “threatens their emotional, mental and spiritual well-being”.

Children in Canada are currently being exposed to hundreds of ads every day. Whether it is through TV, online, video games or other forms of marketing, children are a highly targeted market. This is worrisome, because we know that children are especially vulnerable and susceptible to marketing. They are less able to understand or question the purpose or essence of the marketing and, as such, become easy targets of influence as they absorb and accept the messages.

A 2017 report on the health of Canadians has shown that well over 90% of food and beverage product advertisements viewed by children online or on TV have been for products that are high in sugars, sodium and saturated fats. It is not surprising then to learn that kids aged nine through 13 get more calories, almost 60%, from ultra-processed foods than any other age group.

This is especially problematic, because childhood is the period during which children learn and develop lifelong eating habits, and we know just how impactful food marketing is on the eating habits of our children.

We currently have a situation where corporations that produce foods and beverages with excessive amounts of sugar, sodium and saturated fats are allowed to market and target them to the most vulnerable members of our society, who then adopt problematic eating habits.

Furthermore, a 2018 UNICEF report argued that unhealthy food marketing to children constituted a violation of a number of children's rights as recognized in the Convention on the Rights of the Child, which includes children's right “to the enjoyment of the highest attainable standard of health.”

Bill C-252 would give us the tools to end the marketing of foods that contain the three excessive ingredients to kids and would enable them to make better and healthier food choices for themselves.

There have been some critiques of the bill. Some have said that it is not needed, because the Association of Canadian Advertisers has developed a code, “Code for the Responsible Advertising of Food and Beverage Products to Children”, which sets some limits on what is considered reasonable advertising of foods and beverages to children. They have argued that the code is enough and therefore any further legislative efforts is superfluous. To that I would say absolutely not.

A significant amount of research has shown time and again that self-regulatory codes do not work, as they are voluntary in nature and make it too easy for industry players to amp up or simply opt out. On the other hand, the development of a code clearly demonstrates that the industry players recognize the existence of a problem with marketing to kids. While this recognition is welcomed, ultimately their efforts simply do not suffice.

Dr. Warshawski, chair of the board of directors at the Childhood Obesity Foundation, during his appearance at the Standing Committee on Health, stated, “The fox should not...guard the henhouse”. We only have to look at the United Kingdom and Spain. They are respectively developing regulations to prohibit the marketing of foods to children after having witnessed first-hand that there was no positive outcomes from their existing self-regulatory industry codes.

Others have expressed concern that Bill C-252 could capture and prohibit the marketing of foods that are pantry stables, such as bread or milk. Let me be clear that is not the aim of this bill. The way the bill is framed it specifically directs Health Canada to develop regulations with the necessary nuances.

As Dr. Sharma from Health Canada repeatedly explained during her appearance at the health standing committee that the phrasing of this bill allowed for the creation of categories rather than the targeting of specific foods, which in turn would allow for a nuanced implementation and application.

In other words, foods that contain high levels of one of the targeted nutrients, but which are generally considered to be beneficial to children’s diets, such as fruits that contain high levels of sugars, would easily be exempted from the legislation. This process would be entirely based on an extensive regulatory process that would not only include consultations with a variety of actors, but also be based on strong scientific evidence regarding the nutritional needs of our children.

Some have also attempted to deform the bill and make it into something that it is not, which is an attempt to tell parents what they can and cannot buy for their children. This is simply and unequivocally false. Having raised three children myself, I strongly believe that parents have all the freedom in deciding and choosing how they want to raise and feed their children.

Bill C-252 does not target parents and adults, but strictly children. It is about removing the possibility of a billion dollar industry to reach our vulnerable children and manipulate them through the marketing techniques that will lure them into desiring products that we know could be detrimental to their health. Parents are and remain fully responsible for the food choices they make for their kids. The bill is simply about evening out the playing field and ensuring that parents can make decisions about the nutrition of their children without having to push back against powerful outside influences.

Finally, some have tried to argue that the bill should not be adopted because it would preclude other aspects of health from being addressed. For example, some people have said that the bill should not be adopted because they perceive it as a risk to the continuation of sports sponsorship and community sports. I would invite them to look at Quebec, as it serves as a model whereby sports sponsorship aimed at children has been restricted for over 40 years, yet community sports are still very much alive and well in the province. My bill’s focus on specific nutrients leaves plenty of space for a modified approach to sports sponsorship.

Similarly, critiques have advanced that, instead of passing this bill, we should focus on encouraging children to be more active. This view represents a very limited and ultimately insufficient approach to health. There is no doubt whatsoever that sports and physical activity play an important role in protecting the health of our children. However, health is a multifactorial element, and diet is just as important as physical activity. As such, our government has committed to significant investments to encourage children to move and to participate in team sports, notably with a $10-million investment in the recent 2023 budget. The supposed opposition between my bill and an approach more focused on active living is simply uncalled for. Both healthy eating and physical activity can, and in fact should, coexist. Ultimately, this is not a magic bullet that could fix childhood obesity all on its own. It is, however, an absolutely needed and key component of a broader, comprehensive strategy that needs to address this important issue.

It is also worth reminding everyone that this bill has been a long time coming. As many members may know, there have been previous attempts to advance similar legislation, which suffered from significant push-back. Most notable is former senator Nancy Greene Raine’s efforts with Bill S-228, which unfortunately got stalled in the Senate and died on the Order Paper. Similarly, we witnessed efforts by the opposition to stall this bill at the committee stage. Some members have even tried to represent the bill as lacking in consultation with stakeholders, when in fact we have heard, time and time again, the same arguments from the food and advertising industries, which have deployed extensive resources in trying to block this legislation. Industries have had plenty of opportunities to express their concerns regarding this bill, which have been heard and have been taken into account in my version of Bill C-252. Industries would continue to have opportunities to express themselves throughout the regulatory process.

In Canada, we have the chance to have a remarkable consensus across party lines regarding our approach to health. We all believe in the importance of working to ensure the healthiest possible life for every single Canadian, no matter their age or their means. Ultimately, I believe that every member of Parliament has good reasons to support this bill. That is why I would like to say to my colleagues that we should make sure we act as quickly as possible to get this bill passed. It is long overdue, and our children deserve it.

[David Lee]

Eighteen was originally stated in the first proposal, Bill S-228, and at that time, the frame, I think, was established really on who would be susceptible to advertising. When it was proposed to be brought down to 13, the monitoring became very important because we didn't want to see the dynamic that the advertising would turn around and....

This is just monitoring, and I take it the outcome is that Health Canada comes to committee, to Parliament, and gives the results so that you can see the trends and see if there needs to be any kind of adjustment at that time. The value of the monitoring is just to report in on what the advertising trends will be for those age groups. It wouldn't be determinative of any further change. It would really provide more evidence.

[David Lee]

To clarify, if it's helpful, the original proposal was “at 18” in the earlier round of discussions on Bill S-228. There was a motion to bring it down to 13, but in doing so, there was a discussion that the department really wanted to be careful to make sure that advertisers didn't move from 13 years old up into that range of just below 18, which is still a vulnerable population. That's where the range comes from of up to 18. It's just to keep that monitoring and making sure the advertising doesn't turn around to target that group.

[Don Davies, NDP, Vancouver Kingsway, BC]

Thank you.

Again, if this wasn't a bill that had been introduced before and if we hadn't had extensive consultations before, then I would agree with my colleagues.

The other thing that I think is important is that we as MPs bring a lot of information and knowledge that we acquire through the course of our interactions to this committee. Not everything that we know is heard here. Here's what we know. I'm going to repeat this.

In 2007, 16 years ago, the food and beverage industry launched the Canadian children's food and beverage advertising initiative. That's what brought in the voluntary code. That's been in place for 16 years.

As Dr. Ellis already acknowledged, and we all acknowledge—you don't have to be a doctor to know this—there's an epidemic of childhood obesity in this country. I don't think you have to be Sherlock Holmes to put those two things together. The voluntary code ain't working.

Do we need to hear from witnesses to cement that fact? No, we do not.

When Bill S-228, the Child Health Protection Act—I think it's same title that Ms. Lattanzio has put to this bill—died on the Order Paper in 2019, researchers at the University of Toronto found that food industry interactions with government outnumbered non-industry interactions on that bill. They looked at 3,800 interactions, including meetings, correspondence and lobbying, in the three years before that bill failed. They found that 80% of those interactions were from industry, not public health or not-for-profit organizations.

Let's just name the elephant in the room. This bill has been studied to death. It has been consulted to death. Every single stakeholder entity who has wanted to have a say in it has had their say in it. We know what their positions are. The bill has not changed significantly. The bill introduced today is substantially the same as the one introduced by Senator Nancy Greene Raine. There is no difference in the general public, except for one thing: The childhood obesity epidemic has probably gotten worse.

What's to hear?

I'll tell you, the advertisers are going to come say they don't like the bill. I'm curious to hear it if anybody is going to seriously contend that it's otherwise. They don't like it. That's why they proposed a voluntary code of conduct.

Again, if we didn't have 16 years of evidence of what the impact of a voluntary code of conduct was, then I'm sure Mrs. Lattanzio wouldn't have sought to use her order of precedence to introduced this very important bill. We don't need to hear from anybody. There's an opportunity for every member of this committee to question Mrs. Lattanzio, to question the ministry staff and also to introduce amendments.

If anybody thinks the bill is not strong enough or feels that it needs to be improved, they can introduce amendments. In fact, everybody has had that opportunity. I would just propose that we defeat this motion. There's nothing to be gained from hearing from one witness next week, or this week, or frankly any other time.

Do you know what? At the end of the day, if you don't like the bill, vote against it. It's everybody's democratic right in this room. If the Conservatives don't like this bill, if they think that the evidence isn't strong enough or if they think the bill isn't appropriate, they can vote against the bill.

[Dr. Tom Warshawski]

I'm not “worried”; I'm sure that they will. It was effective in killing Bill S-228 in the Senate.

However, I believe that the civil servants in Health Canada recognize the data. I think that most parties in the House of Commons recognize the importance of this bill. I believe that government has the necessary information and desire to move these issues forward.

[Dr. Tom Warshawski]

I think it's important. Polling has indicated that between 75% to 80% of parents want to see restrictions on the marketing of unhealthy foods and beverages to children. The government back in 2015 tried to get this moving. Conservative Senator Nancy Greene Raine introduced a private member's bill to the Senate—Bill S-228—that had very strong support in the House of Commons. It initially had unanimous support in the Senate and wound its way back to the Senate in 2019, but then died on the order paper. It was filibustered by certain senators and died.

That is one of the concerns we have as government waits for Bill C-252 to wind its way through Parliament. We think it could very likely suffer the same fate as Bill S-228 and die in the Senate. We think it's important that this bill be allowed to go through. Hopefully it will pass, but a parallel track would be for government to implement the regulations I mentioned in the Canada Gazette.

[Don Davies, NDP, Vancouver Kingsway, BC]

Madam Speaker, I am pleased to rise today and support this bill at second reading, Bill C-252, which would amend the Food and Drugs Act to prohibit marketing foods and beverages that contribute to excess sugar, saturated fats or sodium in children's diets in a manner that is directed primarily at persons who are under 13 years of age.

Poor nutrition and unhealthy food and beverages are key contributors to poor health in children. Good eating habits and avoiding unhealthy food are key preventative elements of health policy, not only for our children but for generations to come. New Democrats have been calling for a ban on junk food advertising targeted at children for many years. We believe that it is wrong to let wealthy corporations manipulate our children's eating habits, particularly to the detriment of their health.

New Democrats want every child in Canada to develop a healthy relationship to nutrition and the foods they consume. We are calling for the establishment of a national school nutrition program to give every student access to healthy, nutritious food and to make healthy eating a daily lesson for our kids.

The data is clear. Numerous studies have found strong associations between increases in advertising of non-nutritious foods and rates of childhood obesity. One study by Yale University found that children exposed to junk food advertising ate 45% more junk food than children not exposed to such advertisements. In Canada, as much as 90% of the food marketed to children and youth on TV and online is unhealthy.

By way of background, there is strong agreement among leading Canadian pediatric and allied health organizations that the impact of food and beverage marketing is real, significant and harmful to children's development. Marketing to children has changed dramatically in the last 10 to 15 years as well. Today, it is a seamless, sophisticated and often interactive process. The line between ads and children's entertainment has blurred with marketing messages being inserted into the places that children play and learn. Three-quarters of children in Canada are exposed to food marketing while using their favourite social media applications.

Canadians are the second-largest buyers of ultraprocessed foods and drinks in the world, second only to, of course, the Americans. To give members an idea of how epidemic this problem is, nearly one in three Canadian children is overweight or obese. The rise in childhood obesity in recent decades is linked to changes in our eating habits. Overweight children are more likely to develop health problems later in life, including heart disease, type 2 diabetes and high blood pressure.

Canada's New Democrats, as I have said, have advocated for a ban on unhealthy food and beverage marketing to children for a long time. In 2012, my colleague from New Westminster—Burnaby introduced legislation to expressly prohibit advertising and promotion for commercial purposes of products, food, drugs, cosmetics or devices directed to children under 13 years of age. As members can see, this is a much broader prohibition that would protect our children not only from unhealthy food but from being preyed upon by multinational corporations who would take advantage of their youth.

Quebec has prohibited commercial advertising that targets children under the age of 13 since 1980. Other jurisdictions have since adopted similar legislation, including Norway, United Kingdom, Ireland and Sweden. Quebec's restrictions on advertising to children have been shown to have a positive impact on nutrition by reducing fast food consumption by 13%. This translates to 16.8 million fewer fast food meals sold in that province and an estimated 13.4 million fewer fast food calories consumed per year. Quebec also has the lowest rates of obesity among five- to 17-year-olds as well as the highest rates of vegetable and fruit consumption in Canada.

In 2016, Senator Nancy Greene Raine introduced the child health protection act that was S-228. That legislation would have banned the marketing of unhealthy food and beverages in a manner that is primarily directed at children under 17 years of age, a higher age than this bill would set. At the House Standing Committee on Health, the Liberals amended Bill S-228 to reduce the age limit from under 17 years old to under 13 years old and they added a five-year legislative review.

Although Bill S-228 passed third reading in both the House and the Senate, unfortunately that bill died on the Order Paper when Parliament was dissolved for the 2019 federal election. Again, Bill C-252 is similar to that Senate bill, with the following key differences. Again, the current bill would set the age that would prohibit advertising at under 13 years of age, where the Senate bill was under 17 years of age. There is also a change in definition. The current bill says, “no person shall advertise foods and beverages that contribute to excess sugar, saturated fats or sodium in children’s diets in a manner that is directed primarily at persons who are under 13 years of age.” The Senate bill just said, “no person shall advertise unhealthy food in a manner that is directed primarily at children.”

Finally, of course, this bill before us today has, once again, a five-year review that would focus on whether, after this bill became law, there was an increase in the advertising of foods and beverages that contribute to excess sugar, saturated fats or sodium in children's diets in a manner that is directed primarily at persons who are 13 to 16 years of age.

I want to pause for a moment there and make a comment on that. There is a healthy debate on this bill about what the proper age should be set at. Again, the Senate bill was more ambitious and said not to let advertisers advertise to children under 17. This is under 13, and one of the concerns, of course, is that advertisers, who are extraordinarily sophisticated as we are talking about large multinational multi-billion dollar conglomerates that make a lot of money peddling chocolate, sugary beverages, etc., to children, will instead shift and focus their advertising on 14- to 17-year olds. I think this is a healthy way to compromise, by having a study that would monitor it carefully to see if, in fact, that does happen, because if it does then this House could then adjust our legislation in five years on an empirical basis to cure that mischief.

The previous health minister's mandate letter did direct her to “introduce new restrictions on the commercial marketing of food and beverages to children”. The current health minister's 2021 mandate letter instructed him as well to support “restrictions on the commercial marketing of food and beverages to children.” The Liberal 2021 platform pledged to “Introduce new restrictions on the commercial marketing of food and beverages to children and establish new front-of-package labelling to promote healthy food choices.”

We are happy, then, to see this legislation before the House. Unfortunately, it is done through private members' legislation and not, as stated repeatedly in the mandate letters and in the Liberal platform, by the government itself. No matter; as long as it passes, that is what is important. However, it is curious that the current LIberal government has not kept its word in its mandate letters and in its platform, and introduced legislation itself.

Industry organizations, including the Association of Canadian Advertisers, the Canadian Beverage Association, Food and Consumer Products of Canada and Restaurants Canada, have called legislation like this a “significant overreach”. They claim that legislation like this would lead to serious consequences for the economy. On the other side of the coin, Canadian pediatric, child advocacy and other health experts are strong supporters of this bill.

New Democrats want to stand unambiguously on the side of child health and welfare, not corporate profits. We want children to develop a healthy relationship to nutrition and the foods they consume, rather than being manipulated by sophisticated marketing campaigns, especially when it would affect their health.

Over 120 organizations and children's health advocates across Canada have called on the current government to restrict food and beverage marketing to kids. The Stop Marketing to Kids Coalition is governed by 12 steering committee member organizations. They range from the Heart and Stroke Foundation to the Childhood Obesity Foundation, the Canadian Dental Association, the Canadian Cancer Society, Diabetes Canada and Dieticians of Canada.

The pervasive marketing of unhealthy foods is a contributing factor to the growth of childhood and adolescent disease. Sex and gender differences come into play in the design of and responses to these marketing strategies, contributing to the perpetuation of stereotyped behaviour and generating disparities in food choices and health. This particularly hurts girls.

Studies have demonstrated that this intervention, as is presented in this bill, would result in both overall cost savings and improved long-term health outcomes, with the greatest benefits of all to the most socio-economically disadvantaged.

Let us do this for our children.

[Michael Cooper, Conservative, St. Albert—Edmonton, AB]

Mr. Speaker, I rise in opposition to Bill C-252, legislation that seeks to amend the Food and Drugs Act, and more specifically seeks to impose an advertising ban on unhealthy food and beverage products to youth under the age of 13. This bill is substantively similar to Bill S-228 from the 42nd Parliament, which I similarly opposed.

The objective of the bill is a laudable one. After all, obesity is a real problem in Canada among young people. Recent data indicates that approximately 30% of children and youth between the ages of five and 17 are obese. That is not good. That is a problem, and it is one that we must work toward addressing.

The issue with the bill is not its laudable objective, but rather that it seeks a simplistic solution to a complex problem, that of childhood obesity, for which there are many underlying factors. It is truly a multidimensional challenge.

The idea proposed in the bill is not a new one. Similar advertising bans have been implemented in other jurisdictions, including in the province of Quebec. In the case of Quebec, the law has been on the books for more than 40 years.

Unfortunately, the data from jurisdictions that have such bans in place demonstrate that the intended purpose of reducing childhood obesity has not borne out. In the province of Quebec, it has been on the books for 40 years. What has happened in the last 40 years? Childhood obesity has gone up, not down. If it worked, we would expect to see it go down, but that has not happened.

Looking at other jurisdictions within Canada, we see that these types of bans have not had their intended impact. We can look at a province like Quebec, which has a ban, and provinces like Alberta, which do not. For example, the Canadian community health survey indicates that my province of Alberta has a similar level of childhood obesity as that of the province of Quebec.

Given that this has been tried and tested in other jurisdictions and it has not worked, it is difficult to see how implementing this nationally would suddenly work. I do not believe it will. The evidence is not there, and on that basis alone, this bill merits to be defeated.

Let me stress that this is not just a bill with a laudable objective and with a solution that has not worked, but maybe it would work, so let us give it a try. No. This bill, if passed, would have very serious repercussions to key sectors of the economy, including reducing the GDP, costing jobs and, ironically, adversely impacting youth amateur sport.

With respect to some of the economic concerns of this bill, this bill has the potential to have major ramifications when it comes to food and beverage advertising writ large. That is a result of vague language in the bill. More specifically, the bill would seek to ban advertising directed primarily at persons under the age of 13.

The bill says advertising “that is directed primarily at”. What does “directed primarily at” mean? The bill does not specify. It does not provide any clarity. Instead, it is left to regulators at Health Canada to fill in the blanks. That simply is not good enough.

It is not good enough that we would be voting on a bill that seeks to impose an advertising ban without understanding exactly what it is we are banning. When the previous iteration of the bill, Bill S-228, was studied, key stakeholders, including the Retail Council of Canada and Restaurants Canada, expressed concern that the bill could result in a sweeping ban of all food and beverage advertising directed at adults and children alike.

This concern was informed by indications that Health Canada would be taking a broad view of interpreting what constitutes child-directed marketing. To mitigate against unintended consequences, these and other stakeholders put forward recommendations to tighten up the language and incorporate more precise language into the bill. That precise language recommended by key stakeholders remains absent from this version of the bill, so the very issue that was raised with respect to Bill S-228 remains a problem with respect to Bill C-252.

With respect to amateur sport, the bill before us could prevent, or at the very least diminish, corporate partnership and sponsorship of youth amateur sport. There are sponsorships, such as Timbits hockey, Timbits soccer, and McDonald's Canada, which sponsors more than 50,000 kids to play hockey, that could be shut down as a result of the bill because of the broad definition of “advertisement” under the Food and Drugs Act coupled with the vague language in the bill. Indeed, when Bill S-228 was studied, Hockey Canada and Canada Soccer expressed real concern that millions of sponsorship dollars for their organizations would dry up.

It is a bit ironic that a bill that seeks to reduce childhood obesity would have the effect of taking away programs and opportunities for young people to participate in amateur sport, which is a tried, tested and proven way to stay healthy and avoid obesity, in contrast to the bill before us, which is a tried, tested and failed way to reduce childhood obesity.

In closing, Bill C-252 is just another Liberal government-knows-best bill. It would put power in the hands of regulators instead of putting power in the hands of parents. We on this side of the House, as Conservatives, trust parents not bureaucrats to make the best decisions, including health decisions for their children. For that and the reasons I have outlined, I will be opposing the bill.

[Michael Cooper, Conservative, St. Albert—Edmonton, AB]

Thank you, Madam Chair.

My questions are for Dr. Montes.

Dr. Montes, in the last panel, we heard what I would characterize as pretty shocking testimony from one witness, Professor MacIntosh, who asserted that children as young as 12 have the potential capacity to make a decision to terminate their lives. Of course, 12-year-olds are years away from voting and from being able to make other adult choices. In the province of Quebec, the Consumer Protection Act bans commercial advertising that targets youth under the age of 13.

In 2017 the Senate unanimously passed Bill S-228 that prohibits the marketing of food and beverage products to those under the age of 17.

How do you square that with Professor MacIntosh's assertion that 12-year-olds can make a decision to terminate their lives?

[Marilyn Gladu, Conservative, Sarnia—Lambton, ON]

Madam Speaker, it is a pleasure to rise and speak to Bill C-252. This is a well-intentioned bill that is trying to address a serious issue in Canada, obesity in children.

In one of the previous Parliaments, I was actually the health critic when the former version of this bill came forward from the Senate. We know that Senator Nancy Greene Raine had brought that bill forward. In fact, she received a bit of teasing about it. As many of us will know, she was quite a famous skier but did a lot of promotional work for Mars bars, so when she came with Bill S-228, there was some teasing going on.

However, this is truly a very serious issue, because almost a third of children in Canada are obese, and it is just getting worse. Certainly, the pandemic did not make things better. I think we would all agree, even for those of us who are not children anymore, that we probably spent too much time at home snacking and putting on weight.

The bill is trying to address reducing obesity in children by controlling marketing that is intended specifically for children. If we look at places that have put this in place, there are a lot of them. Quebec was mentioned. Chile has had this program in place for a long time. The problem is that it is not working. That is the biggest problem. What happens is that they are measuring success by the number of packages they are able to have altered so that they are not directing it toward children, when, really, the measure we are looking for here is a reduction in the obesity of children. This is important because obesity is not just a serious health issue, but a cause of death.

If we look at obesity, we know that some of the related health problems are high blood pressure or heart disease. This is the number one killer of Canadians, heart disease and stroke. Type 2 diabetes is another very serious impact. Right now, there are 11 million Canadians who have diabetes or prediabetes. It is very well known that, through a mixture of diet and exercise, many Canadians who develop type 2 diabetes could have been prevented from doing that. There are many other health conditions, such as liver disease, sleep apnea and joint problems, not to mention the emotional toll. In school, we can imagine the teasing and bullying that often accompany those who are obese. This can be permanently damaging as well.

I am definitely very supportive of addressing obesity in children. It has actually tripled in the last 30 years in Canada. It is truly at an epidemic stage. The problem is that, in 2012, Quebec put in similar legislation to this and it still had a 30% increase in obesity over this length of time.

I think that if we look at the root causes of obesity and what medical science is saying about it, it is really saying that there are four factors that we need to address, or four factors that are the most important.

One is genetics and, really, we cannot do much about that. We are sort of born into the family that we are born into. I know of families who are all skinny forever and they eat way more than I am able to eat. Certainly I am envious, but I can do nothing about my own genetics, so I think that is not something the government can control.

Metabolism is another one, obviously, the metabolic rate. Generally, men have a higher metabolic rate than women, so that can be a factor. Of course, those with thyroid issues can also have metabolic impacts. Again, there is not much the government can do there.

Then there is lifestyle, such as diet and physical activity. This is a place where the government really can make some impacts. There have been studies around the world and if we look at places that have the best outcomes and the lowest obesity rates in the world, those are places like Denmark, France, Ireland, Latvia and Norway. If we take a look at what they are doing that is working, we see that there is more walking and cycling going on in many of these European countries than we have here. There is an effort in the schools to serve smaller portions of food, food that is not fried and has more vegetables. In France, they have three recesses to run around, as well as the weekly gym classes, so they are incorporating that into schools.

I certainly remember when I was in school. Keep in mind it was a different time back then, so I am more aged than many members here in the House, but in terms of diet, our household was not stellar. There were Frosted Flakes, Lucky Charms, Cocoa Puffs and Alphabits for breakfast. My mother used to let us dip our toast in maple syrup. We ate baloney sandwiches on white bread and Kraft Dinner, Beefaroni and things like that. Sprinkle sandwiches were a thing when I was growing up, so none of that diet would be considered a healthy diet today.

At the time, there were no obese kids anywhere to be found in our area because we were running around all day. We were running around at school playing soccer. After school we were playing hide-and-seek, running to the park and jumping off the monkey bars. It was all about activity. There was a specific effort called Participaction at the time that was designed to get kids moving and to get kids active. I definitely think that is something worth focusing on, in addition to the move toward healthier foods.

Environment is the fourth factor that experts are saying is important. We have talked about the environment at school and the things that can be done there. Access to sports facilities, and getting people involved in sports, and access to nutritious food are important things. Right now, the affordability of life is impacting that. That is something that the government can have an impact on. If we think about it, the increases in the carbon tax have caused home heating prices to go up, gas prices to go up, and food prices, especially fresh produce, to go up beyond what those living on lower and maybe fixed incomes can actually afford. This is something that would translate into people not eating as nutritious a diet, so that is something that the government can impact by improving the affordability of life.

At the same time, because of the squeeze on everybody's pocketbooks, a lot of the money in the child tax benefit that we expect would be used to get kids into sports and help them to afford those things is actually being used to help pay the bills. The sports tax credit that we used to have was a specific thing that motivated people to get their kids involved in sports. Those are ideas that the government can implement that can have a really big impact.

In terms of the unintended negative consequences when the discussion came to committee in the last go-round on this bill, there were a lot of organizations like Tim Hortons and McDonald's and whatnot that sponsored children's sports efforts. There was a desire to have an exemption to make sure they would not be punished but could continue to market their products, which some would consider to be unhealthy. When the bill comes before committee, it would be worth looking at those exemptions.

The other discussion was about enforcement. All of the regimes that have put bills like this in place have had difficulty enforcing them, and it has become that much more difficult now that we are in a digital age. Kids have access to the Internet. It is very difficult to control what country they are viewing content from, so the enforcement part of this is a difficult one as well.

There are those who will point out that parental responsibility is important: that parents making healthy choices and helping their children learn to make healthy choices is what this ought to be about. There are those who will say that everybody needs to have their freedom. For me, if chips are in a dark bag with a skull and crossbones on it, I would probably still eat them, but people should have individual choice. There is something to that, and I think about everything in moderation. That said, I do not think that these measures have been effective, but we need to do everything possible to reduce obesity in our country and help our children.

[Patricia Lattanzio, Liberal, Saint-Léonard—Saint-Michel, QC]

Madam Speaker, I shall proceed. As per the FDA, “food” includes beverages, and “advertisement” is defined in broad terms, including any representation by any means by promoting directly or indirectly the sale of products controlled by legislation.

The notion of advertisement is media neutral, which encompasses the latest technologies and evolving methods.

Clause 4 of Bill C-252 adds a new section to the FDA, entitled “Advertising directed at children”, whereby provisions and regulations will define the marketing and advertising mechanisms that would be prohibited and would be part of the bill.

Clause 7.3 allows, after five years of the adoption of Bill C-252, a review mechanism, possible by a committee of the Senate, of the House of Commons or of both Houses of Parliament, in order to evaluate if there has been an increase in advertising of foods and beverages that contribute to excess sugar, saturated fats or sodium in children's diets in the next group of kids, that is persons who are between 13 and 16 years of age.

Lastly, clause 6 of the bill stipulates that the act would come into force one year after receiving royal assent.

By supporting Bill C-252, we are ensuring that marketing and advertising cannot bypass parents and target children directly.

To conclude, we all have an opportunity to advocate through meaningful changes to our food environment. The government has taken important steps to create conditions to make the healthier choice the easier choice for all Canadians, but still, more work remains to be done.

We are committed to advancing the remaining key healthy eating strategy initiatives to further improve the state of healthy eating in Canada and have a meaningful impact on the long-term health of Canadians. This includes taking actions to support children's healthy eating habits to mitigate risks of obesity and diet-related chronic diseases. A healthy population, including healthy children, is not only key to reducing the likelihood of serious health problems, thus requiring fewer health care services, but would also contribute to a healthy economy as well.

Some parliamentarians may recall that a similar bill, Bill S-228, was initially tabled in the Senate in 2016, spearheading the approach to introducing restrictions on advertising and marketing to children. It had passed in the Senate, was debated and amended in this chamber, and was subsequently returned to the Senate, but never reached the final vote before the dissolution of Parliament in 2019.

In the meantime, industry stakeholders have taken initiatives to tackle the issue of advertising to children, but their attempts at self-regulation have been on a voluntary basis only and lack proper monitoring. As a result, Canadian children continue to be exposed to these ads.

It is worth noting that restricting marketing to children has become mandatory in countries such as Portugal, Mexico and Chile, and Argentina and Spain are in the process of advancing new legislative regulatory initiatives. More importantly, the U.K. tabled legislation imposing restrictions on advertising of HFSS products, those that are high in fat, salt and sugar, in July 2021. It received royal assent just last Thursday, April 28, and will come into effect in less than a year, on January 1, 2023.

Dear colleagues, Canada must follow suit. The issue on hand is non-partisan, and I hope to count on the support of all parliamentarians in this House, as well as all senators, for the adoption of Bill C-252, which will benefit our children and future generations. I would like to thank the researchers, especially Dr. Monique Potvin Kent, la Coalition Poids, the Quebec coalition, the Stop Marketing to Kids Coalition, the allied health agencies, the Heart and Stroke Foundation of Canada and the Childhood Obesity Foundation, who have worked and supported the objectives of Bill C-252 and of its prior version.

I look forward to the final implementation of Bill C-252.

[Anne Minh-Thu Quach, NDP, Salaberry—Suroît, QC]

The reason I ask is that there is a bill at the federal level that does exactly that, Bill S-228. It's currently stalled in the Senate, unfortunately, even though it passed in the House of Commons. If you were to press the senators holding up the bill, everyone would benefit.

Along the same lines, prevention is another dimension that comes into play.

A lot of focus has been on the benefits of physical activity outside the school environment, but shouldn't we promote prevention much earlier on? I've been pregnant twice, so prenatal classes come to mind. Why not take advantage of those classes to support prevention efforts, promoting healthy eating and explaining the importance of being active with your child to expecting parents?

I mentioned the support available to parents in Quebec. From a public health standpoint, shouldn't the federal government, on its end, invest in prevention activities aimed at parents, using prenatal classes or some other means? The government could launch a TV and radio campaign to give parents helpful tips they could use to convince their children to be more active, for instance.

My sister is a doctor. When she recommends 30 minutes of physical activity a day to parents, they tell her they don't have time. Even if she reduces it to 15 minutes a day, parents tell her they still don't have time. Finally, when she recommends at least five minutes a day, they don't dare say they don't have time, but they don't follow her recommendation.

Wouldn't it help to have the federal government launch an education campaign to give parents tips to increase their children's level of physical activity?

[Max Fritz, Interim Executive Director, Canadian Association of Fairs and Exhibitions]

Thank you, John.

Good morning, everyone. Like John, I bring a diverse background in the fairs and exhibitions business. I was born and raised in Calgary—an Alberta boy—and I live on a farm just outside of Calgary. I've spent my entire career in the fairs and exhibitions business in the Calgary area.

Throughout this presentation, we have been citing numbers—35 million visitors annually and so on. These numbers come from an economic impact study commissioned in 2008, the research going back almost 10 years. These numbers offered our organization strength, helping us and our stakeholders understand the role we play in Canadian society.

Therefore, our third recommendation is that the government provide funding in the amount of $1 million for an in-depth national survey of the economic and socio-economic impact of fairs and exhibitions across Canada. In 2008 it was reported that our events contribute $1 billion annually to the economy, and that fair-related spending supports 10,700 full-time jobs spanning many sectors. As mentioned above, we are confident that these numbers have increased but have no tangible proof or measurement ability to do so without a new study.

One of the main ways our events also contribute to the Canadian economy is by supporting and stimulating tourism. We, along with festivals and other events, have been able to drive attendance for decades from local, national and international visitors. These visitors stay in Canadian hotels, eat in Canadian restaurants and buy Canadian souvenirs and products. As a result, fairs and exhibitions alone generate $97 million in federal taxes annually.

To ensure that these events remain world class in an increasingly globally competitive marketplace, we recommend that the government establish a funding program in the amount of $20 million per year specifically dedicated to the growth of fairs, festivals and events with a capacity to generate touristic and economic activity. Through this funding, Canadian service providers would also be promoted, and an incentive program would be developed to hire Canadian providers, supporting them and therefore ensuring Canadian competitiveness in the entertainment and event marketplace.

Our final recommendation for your consideration is that the government provide exclusion for fairs, exhibitions and events in regard to sponsorship as it relates to Bill S-228, an act to amend the Food and Drugs Act (prohibiting food and beverage marketing directed at children). Many local fairs and events rely heavily on the support from local businesses, sponsors and corporations to sustain their community-building activities. Bill S-228 may impact upon their industries and their ability to support our events. Hundreds of small communities and rural and remote fairs work very hard to continue their operations, despite at times some revenue declines and ongoing logistical challenges. Without the support of the private sector, these local communities will likely not be able to hold their fairs and exhibitions as they know them today.

CAFE is a service-based organization. We're a charitable organization. We want the further support through the above recommendations to allow our membership to be successful in the future.

Thank you very much for your time.

[The Assistant Deputy Speaker, NDP, Carol Hughes]

It being 5:30 p.m., the House will now proceed to the taking of the deferred recorded division on the motion at third reading stage of Bill S-228 under private members' business.

Call in the members.