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

This bill is from 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 has also written a full legislative summary of the 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.

Bill numbers are reused for different bills each new session. Perhaps you were looking for one of these other S-5s:

S-5 (2022) Law Strengthening Environmental Protection for a Healthier Canada Act
S-5 (2021) An Act to amend the Judges Act
S-5 (2014) Law Nááts’ihch’oh National Park Reserve Act
S-5 (2011) Law Financial System Review Act
S-5 (2010) Law Ensuring Safe Vehicles Imported from Mexico for Canadians Act
S-5 (2009) An Act to amend the Criminal Code and another Act

Darrell Samson Liberal Sackville—Preston—Chezzetcook, NS

Madam Speaker, there is no question that the investment is crucial. We must start somewhere, and we cannot make legislation without having financial support behind it.

Is it only our investment? Again, we are a government that is evidence-based, and that is crucial, so we will not only invest here but we will also possibly have discussions with provincial ministers of health about how we can do this research and share all of the best practices. As members know, we have 10 provinces and three territories, and we all have our strengths. There may be some provinces that have a lot to share in research and information.

Also, we are one of 10 countries that are moving strongly on the packaging. There are lots of good-news stories out there, and we will definitely work with all partners to make this better.

Ziad Aboultaif Conservative Edmonton Manning, AB

Madam Speaker, the member opposite mentioned a balance in the bill between the benefit and maybe the disadvantages, if we can put it that way. Would he be able to name three areas where the bill is most beneficial, and another three areas that he would like to see come into this bill, but which we regrettably do not see in the bill as it has been presented?

Darrell Samson Liberal Sackville—Preston—Chezzetcook, NS

Madam Speaker, as far as we know, packaging is going to be a big benefit. We have seen enormous change in the last 10 years in tobacco products because we have made some changes. When we go to plain packaging, people are not even going to know the product. It is not going to be able to be included, so the packaging is going to be powerful.

On the other side, if it stops people from smoking, then we have accomplished something. If it also stops young people from going to tobacco products or maybe not even to this product, it is also a success. There are a lot of good things, but we will have to continue to keep close watch on this product, because I know that the industry will come out with all kinds of variations that could cause us to make some changes based on those questions.

Richard Cannings NDP South Okanagan—West Kootenay, BC

Madam Speaker, considering the impact that tobacco has on the health of Canadians and the direct and indirect impacts on our society, would the member commit an additional $10 million in annual funding to combat tobacco and control tobacco, and would he commit to a licensing fee that Health Canada could impose on tobacco manufacturers to recoup those costs?

Darrell Samson Liberal Sackville—Preston—Chezzetcook, NS

Madam Speaker, I do not have that $10 million in my pocket, for sure. Again, those are very important questions. There is always more that can be done, and funding is an important part, but there is also how we do things. Maybe we can do things differently and be more effective as well.

Erin O'Toole Conservative Durham, ON

Madam Speaker, I am pleased to speak to Bill S-5, a bill first introduced in the Senate.

I am good friends with my friend from Sackville—Preston—Chezzetcook. My wife's family lives in Fall River.

I did note, with interest, one of his responses, in which he said that the government was an evidence-based government and that it made decisions based on evidence. It appears that does not apply to the cannabis bill. Its rush to legalize, to keep the Prime Minister's very ill-conceived promise, has been contrary to evidence provided by the Canadian Medical Association, pediatricians, and so forth.

My speech will be based entirely on evidence. That needs to be brought here. I would also like to speak for a moment on how members of Parliament do their jobs, both in their constituency and in Ottawa. We do not talk about it enough. We know that Ottawa is full of government relations representatives, lobbyists, consultants, communications people, and we hear from people and groups on bills and legislation, which is important. We have to be informed. In many cases, we will call them to committee as well to give expert evidence and testimony.

I want to thank a constituent in my riding who brought very thoughtful and informed advocacy to me on Bill S-5. His name is Craig Farrow. He is a store owner in Bowmanville, and has been an owner of a store that sells vaping products. That is one of the elements contained in Bill S-5. Craig met with me and gave a very detailed presentation on how, when it came to smoking cessation, vaping products had helped up to a million Canadians leave smoking. In fact, in Craig's own experience of guiding and informing people in Bowmanville, he told me that in the five years his store had been open, he had helped 4,000 people transition from smoking to that e-cigarette or that vaping product.

Why this is important is that studies have shown, including a number of them in the United Kingdom, that vaping, and the nicotine included in the vaping fumes, is 95% less harmful than the tobacco delivery of nicotine. When we talk about the bill, we have to recognize there are some smoking cessation benefits to some of the products that will be regulated under Bill S-5. I want to thank Craig Farrow and store owners like him across the country who met with MPs, whether in Ottawa or in their ridings, and made the case that they should not be included.

The challenge is that they are included in Bill S-5. What I would have preferred to see was a separate bill on measures to prevent smoking, because I think we all support that. I would have preferred the marijuana and cannabis discussion to be a little more extensive in Ottawa. Then, vaping, which is totally different, but worthy of regulation and attention, should have been treated differently. However, they are not.

I will speak about why I and my Conservative colleagues support Bill S-5. We are disappointed the government has tried to bring a lot of things in with it. It is a bill that amends the Tobacco Act, the Non-Smokers Health Act, and consequential amendments. It is kind of another example of a Liberal-promoted omnibus bill.

There are good elements in the bill that evidence has shown has led people to stop smoking. We have known for decades now that smoking can have numerous health impacts, including cancer. That is why governments, since 1980s, have tried to make measures to curb smoking, particularly with young people.

Bill S-5 has, as its centerpiece, the plain packaging issue, when it comes to tobacco sales, promotion, and advertising. Plain packaging measures have shown a marked increase, in jurisdictions that have adopted it, to prevent people from smoking.

We can look at the jurisdictions, which I looked did, of Australia, the United Kingdom, and New Zealand, our closest allies, I am well known for advocating working even closer with those allies under a program called CANZUK. Those countries have already implemented plain packaging and have had tremendous results.

The post-implementation review in Australia of its plain packaging legislation has estimated already, within the span of 18 months to two years, that almost 110,000 people have stopped smoking as a result that legislative measure.

In the United Kingdom, David Cameron's Conservative government brought forward similar legislation. It is estimated that this plain packaging move will take 300,000 people away from smoking, reducing the health impacts, the cost to society, and the toll on families.

In New Zealand, John Key's government also brought in similar legislation.

Therefore, with this part of Bill S-5, we are very in line with what our closest friends and allies have done. Unlike the Liberals who talk about evidence-based decision-making, I am trying to review the benefits that some of our friends have already had. We can review their evidence, especially the post-implementation review in Australia, to show this will have a benefit. Even though there are a lot of things in Bill S-5, plain packaging is the centrepiece.

I would also like to mention why the Conservatives support Bill S-5, despite its omnibus nature.

Since the government of Brian Mulroney in 1988, and the tobacco products act it brought in with Bill C-51 at the time, there has been a non-partisan approach to smoking cessation legislation in the House. I am glad, despite some of the issues and despite the Liberals' voting down our worthwhile amendments at committee, that we are still advocating and supporting them on this. We see the benefit, much like governments since 1988 saw with the legislation from the Brian Mulroney Progressive Conservative government. Subsequent changes were made by Liberal governments. Now we are trying to bring that same non-partisan approach to a public health issue on how we can get more young people to stop smoking or not get into it at all.

I would also like to thank the great advocacy work of physicians of the Heart and Stroke Foundation and a number of other great groups that have been at the forefront of some of these smoking cessation pieces of legislation. As I said at the outset of my remarks, we are trying to be non-partisan here, but I am very partisan. I would like to see the same approach in listening to physicians, health care professionals, and families in many cases to stop the rush with respect to some of the measures on the Prime Minister's pledge on marijuana. I guess I can hold out hope that showing all-party support on a bill like this perhaps will have the Liberals revisit their approach to public health policy.

The final part in my speech goes back Craig Farrow, store keepers, and e-cigarette or vaping shop owners who have concerns about Bill S-5. There needs to be regulation in that space as well.

Before coming to Parliament, I was a lawyer for Procter & Gamble. At times, I was a toothbrush lawyer. In fact, some of its electric toothbrushes were medical devices, so they were already regulated. Therefore, the vaporizers that heat up the liquid and produce the vape are medical devices. It is a class II medical device. To be eligible for sale in Canada, a part of that industry are already being regulated. They need a device licence and an establishment licence for the facility that creates the vaporizing product. Why? Because these items Canadians use on their body or in their body. Therefore, we have to have faith that they are properly regulated, that they are safe and fit for use. That is why there is already regulation. I would like to see the same regulation applied to the sale, promotion, and labelling of products involved in vaping.

Certainly, when I met with Craig and a lot of the owners, they already do not list products with candy-sounding names and things like that. However, it is important for us to have regulation in place to ensure that it is consistent and to ensure there is not an outlier that would allow children to be enticed into it. While, studies show that it is better for people and can be an aid in getting people off smoking tobacco, there are health impacts, and people deserve to know that. It is also a $27 billion industry globally now, and it is growing. Therefore, it is appropriate for the Government of Canada to regulate it.

As I said at the outset, I would have preferred separate legislation as opposed to an omnibus-type bill approach here, but nonetheless the smoking cessation measures within the bill are positive.

I think the vaping industry will also take positives from the bill. Vaporizing in general will be used already by cannabis manufacturers. They are already getting their device licences approved for the delivery of a vaporized cannabis once the Prime Minister's cannabis regime is in place. What the vaping stores can look to is that in the future not just ingredients like nicotine can be part of devices. There is the potential, with proper regulation, for some types of over-the-counter or low level health benefit products to be part of delivery by vaporizer. If we bring regulation certainty to this area of public health, it will actually help Craig and his industry in the future.

It has been my pleasure to speak for a few minutes on this and to once again show that responsible shop owners and industry associations, by bringing their issues forward, are helping make public debate better. They are helping us improve legislation. They are also improving our overall awareness of the risks, but also the positives, when it comes to smoking cessation, of new products like e-cigarettes and those sorts of things.

Parliament is meant to talk about the good and about the bad. In areas where we can get young people off smoking, it is important to have all-party support like we have had with Bill S-5.

Ken Hardie Liberal Fleetwood—Port Kells, BC

Madam Speaker, it is interesting to hear the hon. member mention the fact that he was a toothbrush lawyer. Therefore, I trust he will not bristle at this question.

There is always that fine balance between legislation and regulation. Could the hon. member give us a sense of where he would see things being legislated versus left to regulation, which might be more changeable over time?

Erin O'Toole Conservative Durham, ON

Madam Speaker, on a Friday afternoon, as we are winding down a week, the humour of the member for Fleetwood—Port Kells did not bristle; it was welcomed. I was a very proud toothbrush lawyer, toothpaste lawyer, and a whole bunch of things when I was with P&G.

The best thing we can do is to give the public information and education about the products they use. The Conservatives generally agree that the individual, particularly once they are an adult, can make choices and can make choices responsibly, but they have to do this by having the proper information.

When it comes to the issue of vaping, having certain ingredients listed, certain claims about any positive health benefit or any positive benefit of stopping smoking, those claims need to be substantiated by science and reviewed if they are a health type of claim.

When it comes to tobacco, the health and science is clear, and has been clear for two generations now. Bill S-5's thrust is the plain packaging. While there are a number of other issues in there, which we have all spoken about today, the evidence is clear. For countries that have adopted plain packaging, it has had an added impact.

Under the Conservative government, Canadians hit an all-time low in overall levels of smoking in Canada, but the bill has elements in it that can get that number even lower. People who choose to smoke, whether regularly or occasionally, have to be informed so they know the choices and they can make informed decisions on their own.

Richard Cannings NDP South Okanagan—West Kootenay, BC

Madam Speaker, I was happy to hear the member's support for programs like plain packaging, with the data we have on how successful that is, and his support for evidence-based policy-making. He mentioned some of the claims from the industry, substantiated and unsubstantiated, with regard to e-cigarettes. Would he support a prohibition on unsubstantiated claims in that industry until we get the independent research that would answer those questions?

Erin O'Toole Conservative Durham, ON

Madam Speaker, the member for South Okanagan—West Kootenay certainly seems to be well informed on this issue and may have personal knowledge of issues or concerns. What I would suggest to him is that Canada already has that regime. We have the Competition Bureau and the Competition Act, which regulate misleading advertising. This was actually my area of specialty when I was a lawyer. I reviewed advertising claims, from online to television. If advertising has any health-related aspect, there needs to be substantiation behind it. There needs to be science. Certain health claims are also regulated and have to be pre-screened by Advertising Standards Canada before they go on television.

If any Canadians have concerns about a claim being made that they think is misleading and is enticing people to make a purchase or maybe even try something out, they can bring that issue to the Competition Bureau. We have that regime in place.

What Bill S-5 would allow is a much more orderly process when it comes to packaging and to the promotion of the liquids involved in an emerging vaping industry. As I said, we need public health education and regulation. We can also recognize that these products are less harmful than tobacco products, but Canadians need to know that they might be 99% less harmful, but there are potential risks involved.

I think the public information and regulation in the bill is fair. I would have liked a separate bill, because this is a new and emerging device, but at the very least, Canadians can be assured that there would be more effective regulation as a result of Bill S-5.

The Assistant Deputy Speaker Carol Hughes

Resuming debate.

Is the House ready for the question?

Some hon. members

Question.

The Assistant Deputy Speaker Carol Hughes

The Assistant Deputy Speaker (Mrs. Carol Hughes) The question is on the motion. Is it the pleasure of the House to adopt the motion?

Some hon. member

Agreed.

On division.

The Assistant Deputy Speaker Carol Hughes

(Motion agreed to on division, bill read the third time and passed)