Child Health Protection Act

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

This bill was last introduced in the 42nd Parliament, 1st Session, which ended in September 2019.

Status

Considering amendments (Senate), as of May 30, 2019
(This bill did not become law.)

Summary

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

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

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.

Votes

Sept. 19, 2018 Passed 3rd reading and adoption of Bill S-228, An Act to amend the Food and Drugs Act (prohibiting food and beverage marketing directed at children)
June 6, 2018 Passed Concurrence at report stage of Bill S-228, An Act to amend the Food and Drugs Act (prohibiting food and beverage marketing directed at children)
Feb. 14, 2018 Passed 2nd reading of Bill S-228, An Act to amend the Food and Drugs Act (prohibiting food and beverage marketing directed at children)

October 19th, 2017 / 11:35 a.m.
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President, Canadian Convenience Stores Association

Satinder Chera

There are two things. I would say when you look at Bill S-228 on its own, it's pretty broad language. Again, it's not clear to us that any rules coming out of that legislation, enabling the legislation, would not be foisted upon retailers so that retailers would be ultimately accountable under whatever rules come out of that.

Then when you take Health Canada's current review on marketing to kids in conjunction with that, the concerns obviously are what impact this is going to have at the store in terms of layouts. Our members invest in ensuring family-friendly state stores. Will this legislation force them to change the store layout? What will be the cost of that investment? In addition to that, in terms of some practical considerations, for example, will their employees be able to handle certain products or not? Again, it's not clear to us.

The legislation is very broad, and then when you have this consultation with next to no acknowledgement that these products are sold in convenience stores, the concern obviously is that our channel is being passed by and that people are going to realize at the 11th hour that this is actually going to have an impact on small family-run operations.

October 19th, 2017 / 11:35 a.m.
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Conservative

Dan Albas Conservative Central Okanagan—Similkameen—Nicola, BC

When you come to the finance committee, those are the areas that I would much rather have a little more detail on. How can Canada step out, especially when considering there is so much focus on this area?

I'd like to move to the Canadian Convenience Stores Association—again, thank you for being here today—and Bill S-228. It has received first reading, so obviously it hasn't come up for formal debate at second reading.

Will this apply not just to the store owner and where they place products? Most of us would remember saving our pennies and nickels to buy gum and other candies, and they're at the lowest place on the aisle where of course kids can then see them. Is that what you're concerned with, or are we talking about the manufacturer of potato chips, etc., having to plain-package their bags or at least do it to have no cartoon characters?

Lastly, does advertising for those products generate enthusiasm and push people into your stores? Can you elaborate a little on that?

October 19th, 2017 / 11:25 a.m.
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President, Canadian Convenience Stores Association

Satinder Chera

The bill itself has passed in the Senate now, I believe, and is waiting for first reading in the House of Commons. If you take Bill S-228, along with Health Canada's review of marketing to kids—we're putting those two together since the government is reviewing both in parallel—I guess our concern is with the unknowns.

As we read the legislation, it's not clear to us that at the end of the day retailers would not be held accountable for any contraventions of the act. Certainly, from the perspective of our members, one of the concerns is.... For example, we talk about limiting advertising for anyone under 17 years of age. One of the practical concerns is that if you have an employee who is 17 years of age, will they now be prevented from handling certain products in their stores? Also—

October 19th, 2017 / 11:25 a.m.
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Liberal

Raj Grewal Liberal Brampton East, ON

Thank you.

You spoke about the marketing to kids in terms of Bill S-228, which is going to the Senate, I believe, at this point. You were saying that it would have a negative effect on your members in terms of how it almost feels as though the bill is designed to make things much more difficult for small convenience stores. Can you comment further on that?

October 19th, 2017 / 10:45 a.m.
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Satinder Chera President, Canadian Convenience Stores Association

Thank you very much, Mr. Chair, for the opportunity to present the convenience channel's recommendations for the upcoming budget.

Let me first start by acknowledging the measures announced this week by the government relating to small businesses, particularly around rate reduction, which we had recommended. I'm very happy with the series of announcements that have come out this week. The remarks we put out earlier this week on those measures are in your kits. I'm certainly looking forward to working with all parliamentarians, including the Minister of Finance, to provide additional feedback as we get it from our members.

I'm going to speak directly from our slide deck, which is in the kit you have before you. The first four slides really give you an overview of the convenience retail channel in Canada.

Let me start with the number of convenience stores throughout the country. I'm very proud to represent a channel that, through over 27,000 retail locations in the country, provides goods and services to Canadians in urban, rural, and remote parts of the country. I also want to take the opportunity to thank many of you who helped us and supported us on national Convenience Store Day at the end of August, when we raised over $80,000 for the Children's Wish Foundation to help children in need.

In terms of employment, we have a nearly even split between full-time and part-time employment among the 27,000 locations. Approximately 234,000 jobs are directly attributable to the retail locations across the country.

As you see on the slide on taxes collected by convenience stores, our channel collects over $22 billion in taxes for all levels of government in Canada. It's something that certainly, as one of my members said, “We don't get paid to do this”, but we do it. It's an obligation that we take very seriously.

This takes me to the first issue I wanted to raise with the committee, credit card fees. That is on slide 5.

Our members use a number of methods to collect dollars from their customers, most notably credit cards. I think I've spoken to this committee before about the fact that Canada has among the highest credit card fees in the world, ranging anywhere from 1.5% to 4% per transaction. We certainly would like to see these fees come down. We believe that if other jurisdictions such as Europe and Australia can bring them down to 0.3% or 0.5%, Canada can certainly do the same.

We support Minister Morneau's review of credit card fees. Our understanding is that his review will conclude at the end of this year, and it's certainly our hope that, in time for the next budget, there will be some good news for retailers with respect to those fees.

On slide 6, in terms of some of our regulatory concerns, there are two bills currently in Parliament that are of concern to us. One is Bill S-5, which is the vaping and plain packaging legislation. We are very worried that this legislation will make the illicit tobacco market even worse while adding additional costs to small-business retailers, and at the same time doing very little to correct the unfair advantage vape shops currently have vis-à-vis convenience stores when it comes to selling vape products.

On slide 7, I want to highlight that as the largest channel for selling age-tested products, most notably tobacco and lottery, our members take their responsibilities very seriously. We have training modules in place that our members take on an annual basis. It was our channel that abided by Health Canada's rules on e-cigarettes, preventing them from being sold in our channel.

On slide 8, you will see some of our specific concerns and the feedback we received from our members with regard to plain packaging. Most notably, at the very end security concerns have been highlighted by our members, as well as increased costs to their businesses. Again we want to impress upon the committee and the government that our channel should not be an afterthought with some of these policies, but that in fact they will have a serious impact on them.

On slide number 9 we highlight the illicit market in Canada, which is fairly big. I would note that the government's marijuana policy specifically does not recommend plain packaging and also recommends low levels of taxation, which is counter to what you find with the tobacco policies that are being advanced. Certainly we believe that action needs to be taken on the illicit market first and foremost, to bring it under control, before Bill S-5 is looked at.

Slide number 10 looks at vaping, specifically providing for a level playing field, which we don't think currently exists in the legislation.

Moving on to slide 11 and 12, with regard to Bill S-228, which is currently moving into the House of Commons, there are serious concerns around the downstream implications for our members. For example, will employees under age 17 now be prevented or prohibited from handling products such as a box of chocolates or a bag of chips? These are some of the concerns that our members have. Will they have to change the layout of their stores to abide by the rules that could be coming as a result of this legislation? Again, there are a lot of unknowns, and the feedback we're getting from our members involves questions on the government's intent on this front.

I would say that our channel is committed to working with the government and all parliamentarians to ensure that there is a wide selection of goods available in convenience stores. In certain communities, convenience stores are the only game in town.

One of the things we have recommended in the past—and we will continue to do so—is to provide targeted tax relief, including measures that can help convenience stores to carry fresh fruits and vegetables.

On my final slide, committee members, you will see our list of recommendations. The issues I've just spoken to are provided in more detail on the left-hand side of your kits.

I would be more than happy to take any questions you might have. Thank you very much.

Child Health Protection ActRoutine Proceedings

October 6th, 2017 / 12:20 p.m.
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Liberal

Doug Eyolfson Liberal Charleswood—St. James—Assiniboia—Headingley, MB

moved for leave to introduce Bill S-228, An Act to amend the Food and Drugs Act (prohibiting food and beverage marketing directed at children).

Mr. Speaker, it is my great pleasure to rise in the House today and a introduce Senate public bill, Bill S-228, the child health protection act, which seeks to amend the Food and Drugs Act to prohibit the marketing of unhealthy foods and beverages to children. I would like thank Olympic gold medallist Senator Nancy Greene Raine of British Columbia for her tremendous work on this issue, as well as our Senate colleagues, who unanimously passed this bill last week.

The rapidly increasing rate of childhood obesity has become a matter of national concern in Canada. The World Health Organization's commission on ending childhood obesity found that there is unequivocal evidence that the marketing of unhealthy foods and beverages has a negative impact on childhood obesity, and it recommends that any attempt to tackle childhood obesity should include a reduction in the exposure of children to marketing.

As parliamentarians, it is our duty to stand up for those who are most vulnerable in our society, and no group is more vulnerable than our children. The protection of children from the manipulative influence of marketing of unhealthy food and beverages is predicated on a pressing and substantial concern and calls for a federal legislative response.

This bill is that legislative response, and I ask all members for their support.

(Motions deemed adopted, bill read the first time and printed)

Message from the SenateGovernment Orders

September 28th, 2017 / 4:50 p.m.
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Liberal

The Assistant Deputy Speaker Liberal Anthony Rota

I have the honour to inform the House that a message has been received from the Senate informing this House that the Senate has passed the following bill, to which the concurrence of the House is desired: Bill S-228, an act to amend the Food and Drugs Act (prohibiting food and beverage marketing directed at children).