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 / 12:05 p.m.
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Liberal

MaryAnn Mihychuk Liberal Kildonan—St. Paul, MB

Mr. Speaker, we are proud of introducing legislation that would take another step in reducing citizens' dependence on smoking. Back in the late 1990s, I was honoured to have led a campaign that actually removed smoking from the legislature. Staff were not permitted to smoke. However, MLAs, because of their stressful occupations, were permitted to smoke in the legislature. It was because of the foresight and hard work of the government services minister, after I had approached the individual a couple of times, that action was taken. That kind of outrageous privilege was the norm in the late 1990s.

In two years, this government took on this issue as one of its earliest activities and in fact reviewed, deliberated, and constructed a bill. After two years, we are presenting a bill. How would this compare with the activities of the previous Conservative government?

Tobacco and Vaping Products ActGovernment Orders

January 30th, 2018 / 12:05 p.m.
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NDP

Don Davies NDP Vancouver Kingsway, BC

Mr. Speaker, it is all relative. We are at second reading of the bill in the House of Commons and I suspect it will likely take until June to get through the House, be sent to committee, and then get back to the House for third reading. It will likely be passed by June and then, of course, the substance of the bill would be set forth in regulations that still have yet to be drafted and passed. I suspect that this legislation, which deals with plain packaging for tobacco and vaping, will likely not be in force until the fall of 2018.

The Liberal government was elected in the fall of 2015, so it took three years to bring in legislation that New Democrats knew was essential and necessary years ago. New Democrats do not regard three years as expeditious delivery of such important public health legislation, so I am not going to give the government credit for that.

In terms of comparing the current government with the previous government, the Conservatives did not bring legislation at all in their 10 years of government, so that is not a record that New Democrats think is appropriate either.

Tobacco and Vaping Products ActGovernment Orders

January 30th, 2018 / 12:10 p.m.
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Conservative

Cathy McLeod Conservative Kamloops—Thompson—Cariboo, BC

Mr. Speaker, I feel compelled to stand after the last question, because I recall very clearly that the former government dealt with the issue of removing flavours that were appealing to children from tobacco. The former government was part of a committee, from which a unanimous report was delivered in May of 2015. As we know, there was an election and a new government was in place. That unanimous report was ready for the Liberal government to take action on. All parties in the House agreed to it as it related to the vaping component and all the government had to do was move forward.

It is three years later and this has taken much too long. The government knew it had to do the job, it was in the mandate letter, and there is no excuse for it to have taken so long to take action.

Tobacco and Vaping Products ActGovernment Orders

January 30th, 2018 / 12:10 p.m.
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NDP

Don Davies NDP Vancouver Kingsway, BC

Yes, Mr. Speaker, I would give the previous government credit for some action on tobacco in terms of flavouring. I agree wholeheartedly. We deal with lots of issues in the House, literally thousands. Some of them are foundational and some more important than others. I regard the saving of public lives to be of the highest order.

The Liberal government should have introduced this bill as its first bill back in 2015 and it should have been passed in its first legislative session in the House by June of 2016. Instead, the government introduced bills to give tax cuts that the middle class and upper middle-class Canadians would benefit from. It thought that was a higher priority than saving the lives of Canadians. I do not agree with that. When 37,000 Canadians die every year, when 115,000 Canadians start smoking and most get addicted very quickly, and a very high percentage of them will die, taking every step we can to prevent that is of the highest order and the biggest priority of the House. That is what New Democrats believe.

Tobacco and Vaping Products ActGovernment Orders

January 30th, 2018 / 12:10 p.m.
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Green

Elizabeth May Green Saanich—Gulf Islands, BC

Mr. Speaker, I want to thank my hon. colleague from Vancouver Kingsway for his ever-thoughtful and very comprehensive educational view of what Bill S-5 offers and what it does not.

I am in the same boat as the hon. member. I look forward to the opportunity to plug some of the holes in committee, in my capacity as a non-member of the committee summoned for clause by clause. However, I do want to press him a little, because while the initial evidence is very clear that vaping can help people give up smoking, and therefore the statistics he shared with us are well known, that it could be a very good smoking cessation technique, the long-term health effects are not yet known.

I am wondering if the member could share with us if there is any general medical concern about the direction of the long-term health effects. What kinds of health effects? Is there any sense of what the medical community is looking for in terms of epidemiology or lab tests? I am curious about that aspect of this new smoking cessation technique.

Tobacco and Vaping Products ActGovernment Orders

January 30th, 2018 / 12:10 p.m.
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NDP

Don Davies NDP Vancouver Kingsway, BC

Mr. Speaker, I would like to thank my hon. colleague for her thoughtful and always rigorous questions. I do not think very many members do their homework as well as the hon. member for Saanich—Gulf Islands.

The member raises an excellent point. When the House's Standing Committee on Health studied vaping products in March 2015, virtually all the expert testimony identified the apparent reduced harm to users of nicotine vaping products compared with users of combustible tobacco cigarettes. However, the experts also voiced concern about whether the reduction in harm for smokers justified the risks of introducing new nicotine products to the market.

Most of the testimony we have heard has to do with the policy considerations that we are struggling with about encouraging, in any way, the ingestion of nicotine. However, in terms of the actual epidemiological and health impacts of vaping, I think we need a lot more research and information on that. That is something I am looking forward to receiving in the committee to help us craft the kinds of regulations that we think are necessary for this new product.

Tobacco and Vaping Products ActGovernment Orders

January 30th, 2018 / 12:15 p.m.
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Conservative

Garnett Genuis Conservative Sherwood Park—Fort Saskatchewan, AB

Mr. Speaker, I would like to ask the hon. member if he believes in plain packaging for marijuana.

Tobacco and Vaping Products ActGovernment Orders

January 30th, 2018 / 12:15 p.m.
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NDP

Don Davies NDP Vancouver Kingsway, BC

Mr. Speaker, as a matter of fact, Bill C-45 contains extensive provisions that regulate the promotion and packaging of cannabis products. We went through a detailed examination of those in committee.

I think all of us in the House share general agreement on things like making sure that cannabis products are not marketed towards children, that they are sold only in places that adults frequent, and that there is accurate, safe information on cannabis products.

Whenever we are dealing with a substance like cannabis, tobacco, or alcohol, we want to make sure that consumers have accurate, safe information about the product they are ingesting so that they can make an informed choice. Of course the difference between tobacco and cannabis is that tobacco is a known carcinogen that kills. There are some differences in terms of the products. That is a distinction that may be lost on the Conservative Party.

Tobacco and Vaping Products ActGovernment Orders

January 30th, 2018 / 12:15 p.m.
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Liberal

Wayne Easter Liberal Malpeque, PE

Mr. Speaker, I want to congratulate the member for Vancouver Kingsway on his remarks. It was a very frank assessment of the situation that we face with smoking, and a very frank assessment of the bill and some changes that may need to be made.

I, and probably many people in the House, have seen some of those little packages that look like cosmetics with the fancy little cigarettes in them. They are attractive. They do look nice. It is a marketing vehicle.

The member talked a little about illegal tobacco. I have met with people in the tobacco industry a few times, and they argue that there is an increasing amount of illegal tobacco with other impurities in it being smoked in the country. People do not know what is in it. They outline some concerns that this type of packaging would make it easier for illegal tobacco.

Could the member expand on that and how we deal with that problem? What would the member's response be to the tobacco industry in regard to illegal tobacco?

Tobacco and Vaping Products ActGovernment Orders

January 30th, 2018 / 12:15 p.m.
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NDP

Don Davies NDP Vancouver Kingsway, BC

It is true, Mr. Speaker. The cigarette packages aimed at young women look like lipstick tubes, container size, with very thin, elegant cigarettes. It is clearly a sophisticated attempt to get young girls and women to start smoking. It is something we should really be concerned about.

Fourteen separate studies on the impact of plain packaging in its first year in Australia were published in a special supplement to the British Medical Journal. The research found that after the laws were implemented, there was a statistically significant increase in the number of people thinking about and making attempts to quit smoking. Key findings of the report included that plain packaging reduced the appeal of packs, particularly among adolescents and young adults. The legislation did not increase the consumption of illicit, cheap, white cigarettes, as they are known in Australia, or contraband cigarettes, and plain packaging encouraged smokers to think about and attempt to quit.

Those are positive reasons to do everything we can in the House to expedite this legislation and to make sure that it is the strongest in the world.

Tobacco and Vaping Products ActGovernment Orders

January 30th, 2018 / 12:15 p.m.
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Conservative

Garnett Genuis Conservative Sherwood Park—Fort Saskatchewan, AB

Mr. Speaker, it is a pleasure to address Bill S-5 this afternoon. Bill S-5 is not about the legalization of marijuana, but I am going to talk a little about that anyway. The member for Winnipeg North, clearly holding up a lot of the government here today, will enjoy this in particular, I think.

The comparison between the way the government proceeded under Bill C-45 and what is happening with Bill S-5 is interesting and instructive. The reason I want to, later on in my speech, talk a little about the issue of marijuana legalization is that there is a bit of a gap when we hear members talk about the need to have clear information and the importance and value of plain packaging, but a member of the NDP cannot even answer my direct question about whether he supports plain packaging for marijuana. These comparisons are interesting. The push on tobacco, on the one hand, and then some of the messages with respect to marijuana, are clearly very much in tension with each other.

The other point I want to make in relation to the bill is that the government has spoken about the great work it has done, which happens from time to time in this place, but Bill S-5 originated in the Senate, so perhaps it is another opportunity to underline the fact that the Senate perhaps acts more independently than the government would actually like it to. When we have a bill coming out of the Senate that the government says reflects the work of the government, clearly it raises some questions about the actual independence level of the so-called independent senators the government is appointing.

I was going to move unanimous consent on something, but I will not anymore.

The issues that are dealt with in the bill are vaping and plain packaging for tobacco. The member for Winnipeg North appreciates my restraint, I am sure.

The bill speaks first about having plain packaging for tobacco. Members have probably heard, from different sides of this question, about the merits of this as a strategy for reducing the amount of smoking. For example, there are some people who argue that there has been a reduction in smoking as a result of plain packaging initiatives in some countries. However, in some of those cases, we can also see a long-term trend in the reduction of smoking in those countries anyway, so it can be difficult to establish a clear cause and effect if there was a reduction in levels, but it was consistent with a general social trend of a reduction in smoking.

The same argument could potentially be made about contraband. If we see an increase in the use of contraband after plain packaging, some might ask if that is part of a trend or something new. In general, as we try to make policy and respond to evidence, we have to, as much as possible, distill what seems to be caused by a change in policy and what might be part of an overall long-term effect. These are questions that, as we support the bill through to committee, I hope to see studied in detail, because it is not enough to have a good intention, obviously. We need to be able to demonstrate the link between the intention and the impact the policy would have practically.

One of the concerns we have heard about the proposal to have plain packaging is an increase in contraband. There are already very high levels of contraband tobacco. Over 50% of cigarettes in Ontario, for example, are contraband, and there is some evidence, although I know it is disputed by others, that plain packaging increases contraband. That creates all kinds of risks in terms of people being aware of what is in them, and obviously, the impact on health associated with that, and the greater risk of cigarettes getting into the hands of minors, and so forth.

I think there is a legitimate debate about plain packaging. It is not necessarily helpful when members characterize anyone who has legitimate questions about plain packaging as being put up to it by the tobacco industry. There is a legitimate discussion there, and I hope the committee will explore this in the spirit of that legitimate discussion. I myself remain relatively agnostic on the question. I am interested to see where the discussion on plain packaging goes.

On the issue of vaping, I have heard from constituents who have attested to the benefits for them in terms of smoking cessation. They have been able to make progress in cessation, as a result of access to vaping products, that they had not previously been able to make. I appreciate that feedback from constituents. It is something that I very much take note of as I consider the legislation in front of us.

What this bill seeks to do is regulate vaping. Certainly members have recognized the benefit of vaping, of having the information out there, and of further research. In particular, this part of the bill marshals strongly in favour of sending it to committee. There are different elements of this bill, some of which are more legitimately contentious than others. This bill deals with these two very distinct issues.

I think members know that the member for Cariboo—Prince George was in the hospital recently. I understand that he is doing very well now and is watching these proceedings. He had asked someone to highlight a particular story he had noted about a teen baseball player whose stepmother is calling for stronger vaping regulations after his death. This was someone who fell in the context of vaping and subsequently passed away. It raises again the importance of studying the issue of vaping and the impacts, as this bill does, and of exploring opportunities around regulation.

I want to send our best wishes to the member for Cariboo—Prince George and also to note this article he discovered and wanted to see raised.

I will go on to the issue of marijuana, because, as is well known, the government is proceeding with its plan to legalize marijuana. Members have heard the talking points on this. I almost slipped into saying them myself. To “legalize” and closely “regulate” is what the government always says. On the other hand, if we look at the kinds of regulations it is proposing and the arguments it is making in the context of Bill S-5, and we compare them to Bill C-45, it becomes quite clear that it is failing on this issue of close regulation, even when it comes to its own standards. I want to talk about some of those specific issues in terms of how we compare the agenda being advanced vis-à-vis tobacco and the discussion on marijuana.

First of all, we should acknowledge that while there is a great deal of public health information about the risks associated with tobacco use and a lot of information encouraging cessation from using tobacco, there is a general lack of information and advertising on the risks associated with marijuana. It has become clear to me, in some of the conversations that have happened in this House, that while one would never hear members say that they doubt evidence about the risks associated with tobacco, and there is agreement here that the use of tobacco is not good for one's health, on the issue of marijuana, there are members who really have downplayed the risks. Of course, we have a Prime Minister who has himself talked about his use of marijuana when he was an elected official while at the same time he was initially voting in favour of tougher sentencing with respect to marijuana. He then obviously changed his position. Perhaps he had some reckoning with something he was doing at the same time he was an elected official. Those kinds of messages obviously put out misinformation and confusion, in the minds of people.

I see that there are health claims being made about marijuana that are not backed by science and that are very much at odds with the kinds of claims we might hear made about tobacco. A lot of people may not know that use of marijuana, especially by young people, even relatively occasional use, can be associated with higher rates of certain mental health challenges later in life. The carcinogenic effects of marijuana are, of course, well established and, generally speaking, the carcinogenic effects of smoking marijuana are stronger than the carcinogenic effects associated with smoking a cigarette. Of course, people smoke them differently—they would not necessarily smoke a pack of joints in quite the same way—but the point is that the carcinogenic effects, pound for pound, are much stronger when it comes to marijuana. These are things that members are not always taking note of in their discussion around marijuana and, again, when it comes to the misleading health clams that we see sometimes made around marijuana.

I had a particularly jarring experience of this, which was captured by TVO. The member for Beaches—East York and I participated in a show that TVO put on—Political Blind Date, it was called—where we went to different facilities and learned about different sides of a question. We went to a facility in Toronto that has subsequently shut down, called Queens of Cannabis, where we were greeted by a so-called wellness expert who had no medical training of any sort, who was telling us about the alleged benefits of infusing one's children during pregnancy with THC. Obviously this is not something with any evidentiary basis, and yet it was the kind of health claims that were being made. We see some of these false claims being made and propagated with regard to marijuana in a way that, generally speaking, we do not see happening with respect to tobacco. There are not so-called wellness experts out there who are claiming to tell us about the benefits associated with using tobacco.

Recognizing that, the urgency of having clear, strong public health information associated with the risks of marijuana should be noted by members and should be well considered, and yet we do not have any requirements in this legislation for plain packaging on marijuana products. If members think that tobacco products should have clear warning labels, and I agree that they should, then why would the same not hold with respect to marijuana? If, as some have argued, plain packaging is beneficial for reducing the smoking of cigarettes, then why would not the same principle apply in the case of marijuana? It is strange to me and I have a hard time understanding, on the one hand, the approach to tobacco and, on the other hand, the approach to marijuana.

The government members have also talked about how, if we legalize and strictly regulate marijuana, so they say, it will be kept out of the hands of children and the profits will be kept from organized crime. I can almost give the speech from their side, I have heard the line so many times. However, when it comes to tobacco we see, as members have said today, how very often people start smoking when they are underage. It is very common that young people still access tobacco products when they are underage, and there is still a great deal of contraband tobacco that benefits organized crime. Therefore, how do we square the claims that the government is making with respect to marijuana with the information that the government members are talking about? For instance, I think it was the member for Winnipeg North who talked specifically about the age at which people often start smoking tobacco. If nothing else, the government should be considering promoting a reduction culture around marijuana as it legalizes it, but it is not even doing that, at least not in the same way that it is trying to do so with respect to tobacco.

The situation with contraband tobacco makes a point that was lost in the debate around marijuana, which is that just because a product is legal does not mean organized crime cannot be involved in that industry and benefit from it.

In reality, organized crime does not just sell illegal products. It can use illegal methods to sell legal products. Organized crime can benefit from exploiting instances of regulation or taxation, which provide it with an opportunity to operate outside of the legal sphere even while selling a product that is legal. In the case of tobacco, it is regulation and it is taxation.

I think all members are supportive of the idea of having taxes on tobacco, but when those taxes are in place, a reality is that they create an opportunity that might not otherwise exist for organized crime to be involved in that industry. That is simple, basic economics.

When it comes to marijuana and the federal government and other levels of government talk about taxation, regulation, and age restrictions, all of these dynamics will ensure that organized crime is still involved. It is a reality that organized crime is not being shut out of the picture. Those risks will continue to be in place for young people to access it.

If we look at the history of organized crime, frankly, this is true. Organized crime has benefited in certain instances when products are illegal, but it has certainly not ceased to operate when said products are legalized. Organized crime made a lot of money during alcohol prohibition, but it certainly did not go away or cease to make a lot of money after alcohol prohibition ended.

The other issue that we need to note is flavour. The last government addressed the issue of flavoured tobacco products, but the present government is open to moving forward in the future on edibles and on questions around flavouring in marijuana. There is not the same approach, with respect to the risks of flavouring and the impact associated with it when it comes to marijuana, as the approach when it comes to tobacco, and that is quite interesting.

The particular issue, as well, with marijuana is that it is just much easier to grow than tobacco, from what I have been told. The Liberal government would allow home grow. People are not growing four tobacco plants in their home regularly. Am I right?

The risk with the marijuana discussion, again, is that an environment has been created in the bill where we are going to have flavoured products, where we do not have clear health information, and where we do not have those same warning labels. As a result of allowing home grow, we will have the continuance of an illegal market, the continuance of a situation where it will be relatively easy for young people to access marijuana.

I want to make this point as well. The government has argued with respect to its marijuana legislation that the current approach is not working. If we define success as the complete elimination of marijuana use, then we could say that the current approach has not achieved complete cessation. However, nothing is going to achieve complete cessation. We have not achieved it on smoking and we have not achieved it on very hard drugs either.

Over the last 10 years we have seen a substantial reduction in marijuana use, and the numbers bear that out. I presented them in questions and comments in discussion with the Minister of Justice. If the goal was to reduce use and therefore reduce the risk, then the approach that was being taken to marijuana was not perfect—there were certainly opportunities to improve; our party favours the ticketing option—but it is quite clear that success was being achieved in terms of reduction.

To summarize, we are supportive of sending the bill to committee, of further studying the issues around plain packaging as well as vaping. I encourage stakeholders as well as my constituents to keep us informed about their perspective and proposals they have for potentially improving the bill.

It is important to highlight how the government's approach to marijuana legalization is very much exposed by this bill, and how the lack of proper safeguards and procedures in Bill C-45 is evident in comparison to Bill S-5.

Tobacco and Vaping Products ActGovernment Orders

January 30th, 2018 / 12:35 p.m.
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Liberal

Linda Lapointe Liberal Rivière-des-Mille-Îles, QC

Mr. Speaker, I listened closely to my colleague's speech. Some of the figures he quoted on contraband cigarettes in Ontario surprised me a little. They seem a bit high, to me.

However, I am happy to hear that he understands the government’s message, that we want to keep cannabis out of the hands of young people. Tobacco and alcohol are more difficult to purchase because they are regulated. It is difficult for young people to purchase tobacco or alcohol, because they need to show ID. We want the same for cannabis.

My colleague also mentioned that there was too little education and prevention. I am happy to hear that he is concerned.

The legislation talks a lot about plain packaging, but what does my colleague propose to help decrease the rate of smoking among adults?

Tobacco and Vaping Products ActGovernment Orders

January 30th, 2018 / 12:40 p.m.
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Conservative

Garnett Genuis Conservative Sherwood Park—Fort Saskatchewan, AB

Mr. Speaker, of course this is not the government's message; this is the Senate's message. Again, it is evident that the appointed senators are not as independent as some people might have once thought. I was always somewhat skeptical.

On the issue of access to marijuana versus access to tobacco, the member suggested that, because of regulations, tobacco is harder to get than marijuana for young people. The reality is that marijuana is much easier to grow than tobacco. As someone put it to me once, they call it a weed for a reason. The fact that marijuana is easier to grow influences its accessibility. Legalizing is not going to change that. In fact, it will make it easier to access.

The other point to make, with respect to the ease of access to marijuana that people generally have now, is that it comes down to the intensity with which these things are policed. People who speak about a war on drugs I don't think have observed the reality of the way in which, by and large, marijuana is policed in the current context. There are certainly ways of improving our approach to this, which is why we favour a ticketing option.

The member concluded her question by asking what other things we can do to reduce use of smoking, but my time is up, so maybe I will come back to that later.

Tobacco and Vaping Products ActGovernment Orders

January 30th, 2018 / 12:40 p.m.
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NDP

Anne Minh-Thu Quach NDP Salaberry—Suroît, QC

Mr. Speaker, I would like to thank my colleague for his speech. We are talking a lot about prevention, and we always support increased investment in prevention.

With respect to tobacco products and their users, one quarter of young people between the ages of 15 and 19 have experimented with vaping. The tobacco industry also targets vulnerable and marginalized populations, such as first nations between the ages of 12 and 17, divorced, separated or widowed women, street kids and the Inuit. There are many types of vulnerable people.

Does my colleague not think that the bill should include a strategy aimed at having the industry contribute financially to the fight against tobacco so that we can achieve healthier social conditions?

Tobacco and Vaping Products ActGovernment Orders

January 30th, 2018 / 12:40 p.m.
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Conservative

Garnett Genuis Conservative Sherwood Park—Fort Saskatchewan, AB

Mr. Speaker, it is an interesting idea from the member. At the same time, we do not want to encourage the government to include too many different issues in the same bill. Frankly, we already have a bill that deals with two very distinct issues: the question of plain packaging and the question around regulation of vaping. As much as possible, we want to see legislation that allows members to deliberate and consider separate proposals separately.

With respect to the previous question from my Liberal colleague about the strategies we would propose for reducing smoking, by and large we see that the current strategy of providing significant information, labelling, and making sure people are aware from a young age of the risks is having an effect. When we alter the strategy, it is important to demonstrate whether that has a different effect, greater or less, and to evaluate it on that basis. At a minimum, we could ensure there is the same kind of prevention message and regulation with respect to marijuana. The government says it is going to strictly regulate it, but it is not regulating it at the same level that tobacco is already regulated, which is quite revealing. It is something important for members to consider when they evaluate the government's claim to be serious about limiting access to marijuana to young and other vulnerable populations.