An Act to amend the Tobacco Act and the Non-smokers’ Health Act and to make consequential amendments to other Acts

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

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.

Part 1 of this enactment amends the Tobacco Act. In order to respond to the report of the House of Commons’ Standing Committee on Health entitled Vaping: Toward a Regulatory Framework for E-Cigarettes, it amends the Act to regulate the manufacture, sale, labelling and promotion of vaping products and changes the title of the Act accordingly. It also amends certain provisions of the Act relating to tobacco products, including with respect to product standards, disclosure of product information, product sale, sending and delivery and product promotion. The schedule to the Act is amended to add menthol and cloves as prohibited additives in all tobacco products. As well, it adds new provisions to the Act, including in respect of inspection and seizure.
Part 1 also makes consequential amendments to the Food and Drugs Act and the Canada Consumer Product Safety Act.
Part 2 of this enactment amends the Non-smokers’ Health Act to regulate the use of vaping products in the federal workplace and on certain modes of transportation.

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 and Vaping Products ActGovernment Orders

January 30th, 2018 / 4:15 p.m.
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NDP

Brigitte Sansoucy NDP Saint-Hyacinthe—Bagot, QC

Madam Speaker, I thank my colleague for his speech.

He suggested a number of improvements he would like to see made to the bill. The federal tobacco control strategy is expiring in March. I think that if we want to include all of the suggestions he made, we will have to strengthen Health Canada's tobacco control strategy.

Since strengthening the strategy will require funding, I would like to know whether my colleague would support licensing fees for tobacco manufacturers, to cover the cost of strengthening our tobacco control strategy.

Tobacco and Vaping Products ActGovernment Orders

January 30th, 2018 / 4:15 p.m.
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Conservative

Jamie Schmale Conservative Haliburton—Kawartha Lakes—Brock, ON

Madam Speaker, one thing we have to watch out for as government imposes regulations, additional fees or taxes is all of that is rolled into the price of the product and that is the price the retailer has to pay to the marketplace. Unfortunately, a number of smokers, as was found in the survey, are at a lower income level. They would be forced to pay more for that product, the people least able to do so, or buy contraband cigarettes. I talked earlier about the dangers of buying contraband cigarettes and the lack of regulation in that.

There is a balance that industry, the retail market, and government have to find in order to ensure the black market does not continue while we are trying to solve a problem on one end.

I understand what the member was saying, but I just do not agree with the avenue she was taking.

Tobacco and Vaping Products ActGovernment Orders

January 30th, 2018 / 4:15 p.m.
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Conservative

Colin Carrie Conservative Oshawa, ON

Madam Speaker, I am speaking today in regard to Bill S-5, an act to amend the Tobacco Act and the Non-smokers’ Health Act and to make consequential amendments to other acts. We have heard today that everyone is committed to reducing the smoking of tobacco products, as it has been a proven health hazard. We support the regulation of vaping products, as well as other consumer products. However, some stakeholders have some legitimate concerns, and some things need to be looked at, so we support the bill going to committee to address these concerns.

I want to start by talking a bit about a conversation I had today. I have a 16-year-old, and I was having this conversation with her about smoking and marijuana around the schools, and so on. I asked her about vaping and what she thought about it. She told me she has an older friend who vapes, and he said she should not start, because if she started vaping, she would not want to stop. Coming from a 16-year-old and a young person who obviously is already addicted to it, it is good advice. We all have to consider the big picture. We all want to see less of these products used.

There are two parts to the bill. One part is on plain packaging and the rest is on vaping. The bill aims to build strong regulations and legislation that builds upon what our previous government has done. About 55 years ago, in 1963, Judy LaMarsh, Canada's minister of health, declared there is scientific evidence that cigarette smoking is a contributory cause of lung cancer and that it may also be associated with chronic bronchitis and coronary heart disease. It began half a century ago, addressing this public health problem of tobacco use in Canada, but also around the world. At that time, about 50% of Canadians smoked, and a lot has happened since then.

Personally, I am very proud to be part of a government where I served as parliamentary secretary to the minister of health. We made some gains in that regard. We tackled the issues of smoking rates throughout the introduction of legislation to encourage smoking in Canada to decline. Today, approximately 13% of Canadians are smokers. Smoking is now at an all-time low, with most progress shown among our youth. Smoking rates of males aged 15 to 17 dropped from 19% to 10%, and those 18 to 19 years of age dropped from 33% to 20%, according to Stats Can statistics. Smoking rates of females aged 15 to 17 dropped from 22% to 9%, and those 18 to 19 years of age dropped from 34% to 19%. It is going in the right direction.

However, over the last few years e-cigarettes and vapes have been emerging on to the Canadian market, and they create a new set of challenges for Canadian lawmakers and health officials.

E-cigarettes were developed in 2003, apparently first in China. They were introduced in the U.S. in 2007. These e-cigarettes are part of a category of products called “electronic nicotine delivery systems”. The e-cigarette is a battery-powered device designed to look and feel like a traditional cigarette, and it is meant to deliver inhaled doses of a nicotine-containing aerosol to users. It does this by heating a solution commonly referred to as an e-liquid.

The vaping industry has been keen to share figures regarding the use of vapes among Canadians, and I would like to summarize a few of those stats. In Canada, in 2015, one in four Canadian youth aged 15 to 19 years reported having tried an e-cigarette, and one in three young adults between the ages of 20 to 24 had tried it.

Some of the research out there suggests that e-cigarettes are safer than combustible tobacco cigarettes, and that makes sense. In 2016, a total of 24 studies, including three randomized clinical trials, were reviewed. Two of the trials, with a total of 662 participants, so a good study, showed that people using e-cigarettes with nicotine were more likely to stop smoking for at least six months compared to those who received placebo e-cigarettes without nicotine. We are seeing some evidence that these may have a use, particularly for people who are trying to quit smoking.

Some of the research suggests that e-cigarettes are less harmful as they reduce exposure to combustible tobacco. For example, cardiovascular risks associated with smoke are dose-dependent. To reduce the number of cigarettes smoked from a pack a day to 10 cigarettes a day would reduce the risk. There is something to be said perhaps about vaping and e-cigarettes that have less of these combustibles.

Second-hand exposure to vapour from e-cigarettes has been tested, and to some extent have been found to be less toxic than cigarette smoke, as it does not contain carbon monoxide and volatile organic compounds.

It is important to note that because nicotine is a drug, it is subject to the requirements of the Food and Drugs Act and must be authorized by Health Canada prior to sale based on the evidence of safety and efficacy, things along these lines. To be clear, and people do not realize this right now, no vaping product has been authorized to date in Canada, and all nicotine-containing vaping products are being sold illegally. People do not understand that. That is why this debate is so important today, and it is important that we move the bill forward.

Of importance is that the restrictions on access and sale of tobacco cigarettes to those under age 18 would also apply to vaping products. To be clear, these are still unregulated products, and the average Canadian may not know a lot about them.

I want to thank my colleague from Cariboo—Prince George, who I think is watching tonight, for an article he sent that calls for stronger vaping regulations. Here is a big shout-out to him to get better soon. We still do not know the long-term effects of these products, and we have to keep them out of the hands of our kids.

However, I have had the opportunity to witness a demonstration of the technology with people from the vaping industry in my riding of Oshawa. I watched these devices and the inhalable vapour. I had a conversation with them and I listened to them. Many vaping advocates champion vaping as an effective quitting mechanism for cigarettes. For some of these folks it works. They start with a certain nicotine percentage and eventually work their way down to lower amounts or nothing at all. A study on vaping done in the U.K. showed a 95% reduction in harm from vaping over regular tobacco products. This is something we have to keep in mind.

Another large aspect of the vaping industry is the flavours. This is going to be very controversial because this e-liquid can be made in almost any flavour, but are all these flavours safe? What do we know, and what do we not know?

We know that the vaping industry is totally unregulated and there are no government quality controls in place. In Canada, the majority of products on the market are regulated, so we have to move this forward. It is the sensible thing to do.

Another reason for regulating is the variety of products on the market. Many companies are creating new devices for sale in Canada, and e-cigarettes are no different. We are seeing new, emerging technologies from the tobacco industry aimed at reducing harm versus the traditional cigarette. These technologies are out there and they need to be properly regulated by the federal government.

These products are not the same as vapes. They heat tobacco without burning it to create a smoking sensation with less harmful methods of consumption. There has been some research to suggest that this is less harmful, with up to 75% harm reduction for these products. They could be viewed as positive trends in reducing harm and moving Canadians off smoking, but in order for this positive narrative to continue, we urge the government to regulate these things appropriately.

The second part of the bill is about plain packaging of cigarettes and the contraband and quality control issues that must be addressed. Let us review what we know about plain packaging in other countries.

There has been a lot of extrapolation about Australia. As a matter of fact, in 2012, Australia was the first country to legislate plain packaging, and in March of last year the World Health Organization released an executive summary, which said that Australia had witnessed a decline in smoking prevalence rates between 2010 and 2013. However, this decrease in Australia's national smoking rate had brought on an unintended increase in the import of contraband tobacco. As we are aware, Australia imports all of its tobacco, and the contraband part of it grew from 10% to 26%.

These things need to be addressed. According to a study by the Canadian Convenience Stores Association, 30% of cigarettes sold in my riding of Oshawa are contraband. As my colleague said earlier, there is a lack of markings on these cigarettes and it is hard for the consumer. This is where we have to focus on consumer protection. We have seen an increase in contraband cigarettes, and we have heard the stories about cigarettes being contaminated with animal waste, dirt, and harmful bacteria.

We have heard about consistency. The Liberal government is going to be regulating marijuana. Unfortunately, it is not going to be consistent and have the same protections in here. I look forward to moving this legislation to committee so that we can address some of these issues.

I think all of us here in the House can agree that we need to do more to protect our kids from these smoking products.

Tobacco and Vaping Products ActGovernment Orders

January 30th, 2018 / 4:25 p.m.
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NDP

The Assistant Deputy Speaker NDP Carol Hughes

Order. Before moving to questions and comments, it is my duty, pursuant to Standing Order 38, to inform the House that the questions to be raised tonight at the time of adjournment are as follows: the hon. member for Nanaimo—Ladysmith, Indigenous Affairs; the hon. member for Windsor West, Air Transportation; the hon. member for Saint-Hyacinthe—Bagot, Public Services and Procurement.

Tobacco and Vaping Products ActGovernment Orders

January 30th, 2018 / 4:25 p.m.
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Conservative

Ziad Aboultaif Conservative Edmonton Manning, AB

Madam Speaker, I congratulate my colleague for such a detailed speech and lots of information. It is very informative for us to know what he has to say to us today.

One of the elements in the bill is plain packaging, which is really what we need to watch. The contraband industry is always growing and always a big concern. What would the hon. member recommend the government do to tackle this point when the bill proceeds to committee and afterwards?

Tobacco and Vaping Products ActGovernment Orders

January 30th, 2018 / 4:25 p.m.
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Conservative

Colin Carrie Conservative Oshawa, ON

Madam Speaker, I want to thank my colleague for a very important question because this is a major question that has not been addressed. The government is proposing to have all the markings taken off these cigarettes. From a consumer protection standpoint, when a person goes out to have a cigarette, it could be a contraband one or a properly manufactured one. We all know that cigarettes are bad, but we also know that contraband cigarettes are way worse. They can have all kinds of chemicals, animal feces, sawdust, and things along those lines.

My colleague has brought up a key point that will have to be addressed at committee. There are ways to make things easier to counterfeit. There are suggestions, and it just intellectually makes sense, that plain packaging would make it much easier for people to make contraband cigarettes, which would be an unintended consequence. Everybody in the House would like to see fewer cigarettes, and if they are going to be out there as a product, a safer product. However, we may end up having the exact opposite occur.

Some of these special markings should be allowed, so that it is not entirely plain packages that go out because they are too easy to counterfeit.

Tobacco and Vaping Products ActGovernment Orders

January 30th, 2018 / 4:25 p.m.
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NDP

Don Davies NDP Vancouver Kingsway, BC

Madam Speaker, I would like to thank my hon. colleague for his service on the health committee. I enjoyed serving with him.

My information is that the Conservative Party's 2015 election platform made no mention of tobacco or smoking. I am not saying that to take an underhanded shot, but rather to indicate that, because of that, I do not really know what the Conservative Party's position on tobacco is.

The New Democrats, of course, strongly support this legislation. We believe that we are overdue for plain packaging of tobacco products in this country. We believe it saves lives. We also believe that we need to crack down on contraband tobacco and create a regulatory regime for vaping products as soon as possible, because right now there is none in this country.

In light of the fact that there is no indication from the last election as to what the Conservatives would do, I wonder if my hon. colleague could tell this House what the major underpinnings of the Conservative anti-tobacco strategy would be.

Tobacco and Vaping Products ActGovernment Orders

January 30th, 2018 / 4:30 p.m.
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Conservative

Colin Carrie Conservative Oshawa, ON

Madam Speaker, I enjoyed my time serving on the health committee with my colleague as well. I think he is aware that there is a tobacco strategy out there that is going to be sunsetting. At the end of the day, all of us want to put things into the public domain that would help decrease the amount of smoking. When we are talking about the regulations of these products, the vaping products and e-cigarettes, I think that everyone in the House is in full agreement.

I have one concern where I am not in total agreement with my colleague. We have heard members in the House today trying to extrapolate from the experience in Australia, saying that it would apply directly to Canada. Canada has a different situation, where even today we have a huge contraband industry. In some places up to 60% of cigarettes sold are contraband. These will be increased by going to plain packaging, so I am not sold on it as much as my colleague is.

However, I very much support this legislation going to the health committee. I trust him and the other members of the health committee to work on this legislation to get the best possible piece of legislation that we can, with the understanding that all of us would like to see less smoking, especially among our youth.

Tobacco and Vaping Products ActGovernment Orders

January 30th, 2018 / 4:30 p.m.
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NDP

The Assistant Deputy Speaker NDP Carol Hughes

Is the House ready for the question?

Tobacco and Vaping Products ActGovernment Orders

January 30th, 2018 / 4:30 p.m.
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Some hon. members

Question.

Tobacco and Vaping Products ActGovernment Orders

January 30th, 2018 / 4:30 p.m.
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NDP

The Assistant Deputy Speaker NDP Carol Hughes

The question is on the motion. Is it the pleasure of the House to adopt the motion?

Tobacco and Vaping Products ActGovernment Orders

January 30th, 2018 / 4:30 p.m.
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Some hon. members

Agreed.

Tobacco and Vaping Products ActGovernment Orders

January 30th, 2018 / 4:30 p.m.
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An hon. member

On division.

Tobacco and Vaping Products ActGovernment Orders

January 30th, 2018 / 4:30 p.m.
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NDP

The Assistant Deputy Speaker NDP Carol Hughes

I declare the motion carried. Accordingly, the bill stands referred to the Standing Committee on Health.

(Motion agreed to, bill read the second time and referred to a committee)

Tobacco and Vaping Products ActGovernment Orders

January 30th, 2018 / 4:30 p.m.
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NDP

Rachel Blaney NDP North Island—Powell River, BC

Madam Speaker, I am rising on a point of order. I apologize on my first day as deputy whip in this House. I may have made a mistake. I understood that we cannot do this on division. Someone said no, and I think it should come back and then we should be able to stand to force the vote. That is what we were hoping to see happen. Could you please advise me, Madam Speaker, on the next steps to take?