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.

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 ActGovernment Orders

April 27th, 2018 / 10:40 a.m.


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Conservative

Marilyn Gladu Conservative Sarnia—Lambton, ON

Madam Speaker, I thank my colleague for his question.

When it comes to excise tax, the answer was not clear in Australia. When Australia implemented plain packaging, it increased the excise tax at the same time, so we are unable to say which of those two things caused the reduction in smoking or whether it was both of them. Definitely excise tax is a mechanism to try to discourage people from smoking, but it does drive people to contraband.

Interestingly enough, in budget 2018 there was very sneaky legislation that put an escalating tax on tobacco and cigars that will increase every year, in perpetuity, with the consumer price index. This is a tax without any voter input that will go on and on and up and up. Perhaps those extra funds could be used to good purpose, but I would prefer to be transparent with the public and allow the public to vote in who they want, based on their tax policy.

Tobacco ActGovernment Orders

April 27th, 2018 / 10:40 a.m.


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Conservative

Len Webber Conservative Calgary Confederation, AB

Madam Speaker, I also want to thank the hon. member for Sarnia—Lambton, not only for her speech but also for the wonderful work she does on the health committee. I too serve on the health committee with the hon. member, and she certainly is a strong contributor on the committee.

In her speech, she talked a bit about the amendments the Conservatives put forward on the bill and the fact that all of these Conservative amendments were rejected by the Liberal government. It is frustrating. Not only were they rejected with respect to this bill, but just the other day we brought forward numerous amendments to a another bill we are working on in the health committee. They were all rejected by the Liberal government. It is quite frustrating to work this hard to make the bill better and then have the improvements completely rejected every time. This is something I would like the hon. member to comment on. What do you think? Why do you think the Liberal government is rejecting our amendments? Is it because they are coming from the Conservatives?

Tobacco ActGovernment Orders

April 27th, 2018 / 10:40 a.m.


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The Assistant Deputy Speaker Carol Hughes

I just want to remind the member that he is to address the question to the Chair, and he might want to use the word “she” instead of “you”.

The hon. member for Sarnia—Lambton has one minute to respond.

Tobacco ActGovernment Orders

April 27th, 2018 / 10:40 a.m.


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Conservative

Marilyn Gladu Conservative Sarnia—Lambton, ON

Madam Speaker, when not a single one of the amendments we bring is ever approved at committee, it is clear to me that it is partisan politics at play. That is really disappointing because, as we can see from some of the amendments I was putting forward, they are very sensible, logical, fact-based improvements. After they are rejected here in the House and the bill goes to the other place, they have to study it, and they come up with exactly the same concerns, exactly the same amendments. It is a total inefficiency to government, because we have seen many times that when amendments come back from the Senate, they are rejected by the government. It is really not a good process.

I think the committee is the place where partisan politics need to go out the window and where we need to focus on providing good legislation that benefits Canadians.

Tobacco ActGovernment Orders

April 27th, 2018 / 10:40 a.m.


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NDP

Brigitte Sansoucy NDP Saint-Hyacinthe—Bagot, QC

Madam Speaker, the NDP does not think this bill is perfect, but we are going to support it at third reading. It is important to remember that the purpose of this bill is to create a new legislative framework for regulating vaping products and to implement plain and standardized packaging. We have long called for effective, concrete anti-tobacco measures to discourage young people from starting to smoke. The NDP is clearly a leader on this front. We have long called for plain packaging and a regulatory framework for vaping products.

In 2009, the former health critic, the member for Winnipeg North, introduced a bill to close loopholes in the Tobacco Act by tightening requirements for the labelling, packaging, and sale of flavoured tobacco products. In the last election campaign, we promised to introduce anti-smoking measures, increase funding for anti-smoking strategies, implement plain packaging, and ban all flavoured tobaccos. We also talked about the need to initiate a federal review to strengthen Canada's tobacco control legislation and the associated strategy, which expires in 2018.

It is clear that our demands were heard because it is now illegal to use flavourings and additives in tobacco products. It is important to reiterate that smoking is the leading cause of disease and premature death in Canada. The annual health care cost per smoker in Canada is over $3,000, which adds up to $17 billion a year. If passed, this bill could save money by reducing smoking rates in Canada, savings that would benefit the provinces and territories. There is no doubt that tobacco causes serious illnesses and a number of problems that can lead to death. One Canadian dies from a tobacco-related illness every 14 minutes. That is unacceptable. This is why we are supporting this bill and urging the other parties to do the same, in spite of everything.

Anti-smoking groups rightly point out that the longer we wait to pass a bill like this one, the more people will start to smoke and the more people will die from the consequences of tobacco use. Although there are regulations in place, it is difficult to restrict access to e-cigarettes. There is no evidence as of yet indicating that e-cigarettes encourage young people and non-smokers to start consuming nicotine. However, we still lack information on these and other vaping products, since they are new to the market. These products and their different flavours may seem enticing, especially to young people. If this bill is passed, the ban on tobacco sales to persons under the age of 18 will also be extended to vaping products, and it will also be illegal to promote vaping products. In addition, it will be illegal to use tobacco brands or information-based advertising to market vaping products to young people. Labels on these products must carry warnings regarding their nicotine content and the health problems they can cause. These measures are less restrictive than those applied to tobacco, since these products are considered less harmful for now.

Of course, some amendments could have been proposed. One of the downsides to this bill is the fact that vaping product manufacturers will be able to promote their products everywhere, which is bound to attract young teens. When bringing in regulations at the federal level, it is always important to consider provincial and territorial regulations. We have to bear that in mind every time we consider a federal bill.

Vaping products may help reduce tobacco consumption, but it is important to remember that using them does not break the smoking habit. Maison Alcôve, a well-known addiction treatment centre in Saint-Hyacinthe-Bagot, made it clear that the only way a smoker will stop smoking is by breaking those habits, those daily rituals. Smoking an e-cigarette is still smoking. Using vaping products to reduce tobacco consumption has limitations we need to consider.

If this bill passes, manufacturers would be required to submit to Health Canada information on sales and the ingredients in the vaping products, to ensure follow-up.

The 2015 report on vaping released by the House of Commons Standing Committee on Health, which did an excellent job, made 14 recommendations, including one to create a legislative framework for vaping products. This bill follows up on these recommendations.

This bill also contains other provisions. Indeed, the Non-smokers' Health Act, which seeks to protect those in federally regulated workplaces, will be amended to ensure that vaping products are subject to the same prohibitions as tobacco products.

Bill S-5 harmonizes compliance and enforcement authorities with those found in other modern statutes, including the Canada Consumer Product Safety Act. These authorities would apply to both vaping and tobacco products. This would allow inspectors to use telewarrants and enter private property in carrying out an inspection, while accompanied by any person qualified to conduct the inspection. They could also require manufacturers to keep records, and stop or move any means of transportation for the purpose of inspection.

I want to emphasize the fact that disadvantaged and marginalized populations are the easiest targets and, unfortunately, they tend to consume more tobacco than the general population. They are more likely to suffer from tobacco-related illnesses. For example, 40% of first nations people smoke, and 37% of people who are divorced or separated smoke. We can no longer allow these groups to be targeted. The end goal is to reduce the gap in health status between general and disadvantaged populations caused by serious tobacco-related diseases.

Youth are also affected by this. We know that young people usually start smoking during adolescence. They are an easy target because they are easily influenced and find the packaging appealing. This bill will make it possible to minimize tobacco use and nicotine addiction among young people. As a result, it will also reduce the percentage of smokers.

Passing this bill would be a step forward in reducing tobacco use and would improve the health of Canadians. We really need regulations and measures like the ones set out in Bill S-5 to successfully reduce tobacco use. However, we also need to make young people aware that they can choose not to use tobacco. We need to get them to think about what they are taking into their bodies and make sure that they know how to say no.

Parents also need to be educated about this, so that they stop trivializing smoking and realize that smoking is dangerous. An organization in my riding called Satellite and one in Acton Vale called Horizon Soleil are tyring to educate younger kids about these issues beginning in elementary school. Education will have a stronger impact and must go hand in hand with passing Bill S-5 in order to effectively reduce the number of smokers in Canada.

I have discussed this bill with some of the stakeholder organizations in my riding, including the ones I just mentioned, Satellite, Horizon Soleil in Acton Vale, and Maison l'Alcôve, which start educating children in elementary school, as well as their teachers and parents, about the harmful effects of using tobacco and the importance of not using it in the teen years, and especially not in elementary school.

We really need to have a strict law, because young people are drawn to these products, with their colourful packaging and different flavours. We need to make sure that they never start smoking. We all know people in our lives who want to stop using tobacco. We know how hard it is. We need to focus on prevention so that they do not start using tobacco.

As I was saying in my speech, I have spoken with stakeholders and the director of Maison l'Alcôve, a very reputable addiction prevention centre in my riding. Every day they encounter people who are trying to quit smoking. They were saying how hard it is to address this problem because that involves breaking daily habits.

It is important to acknowledge the work of national organizations in support of our legislative amendments to this bill. These organizations, including many medical and anti-smoking organizations, asked us to go even further.

Physicians for a Smoke-Free Canada, the Canadian Medical Association, the Canadian Public Health Association, and the Association pour la santé publique du Québec, are some of the organizations that come to mind. Since I am from Quebec, I would point out the Coalition québécoise pour le contrôle du tabac, which does exemplary work on smoking prevention and awareness.

As I was saying earlier in my speech, we have to ensure that people do not ever start smoking. Of course we can work on helping them quit smoking, but I think that at the federal level our main job is to raise awareness. We have to do enough on raising awareness to ensure that smoking for the first time triggers an alarm in a person's mind and prevents them from starting in the first place. It is important. These organizations help us understand the balance between the need to protect non-smokers and the need to provide smokers with help to quit smoking.

For a long time, about a decade, the NDP put pressure on the Conservative government. It is now pressuring the Liberal government with bills. My colleague from Vancouver Kingsway has done excellent work with the Standing Committee on Health and strives to raise the government's awareness at every meeting. My colleague also works with all the organizations I named. As parliamentarians, it is important to listen to stakeholders. As critic, I am in touch with people on the front lines. Every day, they see the effects of decisions we make here. It is so important to listen to those stakeholders and their recommendations. They are eagerly awaiting this bill. We have to listen to them. These people work with tobacco users and educate people so they do not start smoking. That is what they do every day, and they say this bill is important. That is why it is so important for us to pass it.

The NDP supports this bill. We know it is not perfect and needs improvement, but it is a first step. We will keep pressing the government to do more. We will keep asking for more funding for prevention.

I worked in the health sector for decades, and spent some time working in prevention. In health care, 95% of funds are allocated to curative care. A lot of money is allocated to treatment, and the remaining 5% is allocated to prevention. These groups are telling us to invest more in prevention.

I have four children. With my youngest, I was introduced to energy cubes. Pierre Lavoie teaches us that we would have far fewer people in the hospital if we took care of our health every day, if we ate properly and did physical exercise. Smoking prevention is one of the healthy living habits that we need to instill in kids from a young age.

I think that our role at the federal level is to allocate enough funds to promote prevention and healthy living. Anti-smoking measures are part of these healthy living habits that we must instill in children from a young age. At the federal level, we must allocate enough funds to ensure that discussions on health also address prevention, the importance of taking action before problems arise.

What often happens is that we react to problems, but in supporting this bill, I think we are taking an important step in combatting tobacco use.

Tobacco ActGovernment Orders

April 27th, 2018 / 10:55 a.m.


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The Assistant Deputy Speaker Carol Hughes

If the member has not finished her speech, she will have four and a half minutes after question period when we resume debate on this motion.

Tobacco ActGovernment Orders

April 27th, 2018 / 10:55 a.m.


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NDP

Brigitte Sansoucy NDP Saint-Hyacinthe—Bagot, QC

Madam Speaker, we can easily continue. I was looking for your guidance on the end of my speech.