Bill C-252

Child Health Protection Act

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

This enactment amends the Food and Drugs Act to prohibit the marketing of prescribed foods directed at persons under 13 years of age.

Child Health Protection Act

[Garnett Genuis, Conservative, Sherwood Park—Fort Saskatchewan, AB]

Madam Speaker, on a point of order, I would like you to review the fact that previously in this session the Speaker has ruled that if there are noes, there is no right to complete a presumption of unanimous consent when members have already made clear that there is none. The Speaker—

[The Assistant Deputy Speaker (Mrs. Alexandra Mendès), Liberal, Alexandra Mendes]

There was no ruling per se. There was a recommendation to do that, not a specific ruling.

[Mark Holland, Liberal, Ajax, ON]

Madam Speaker, I move that notwithstanding any standing order, special order or usual practice of the House, later today, the House shall continue to sit beyond the ordinary hour of daily adjournment until 12:00 midnight for the purposes of considering Bill C-30, an act to amend the Income Tax Act (temporary enhancement to the Goods and Services Tax/Harmonized Sales Tax credit) at second reading, and if at the debate tonight no member rises to speak, the question be put, a recorded division be deemed requested and deferred until tomorrow at the conclusion of Oral Questions and the House be deemed adjourned until the next sitting day, and that the debate pursuant to Standing Order 38 not take place.

[The Assistant Deputy Speaker (Mrs. Alexandra Mendès), Liberal, Alexandra Mendes]

All those opposed to the hon. member's moving the motion please say nay.

[Some hon. members]

Nay.

[Chris Bittle, Liberal, Parliamentary Secretary to the Minister of Canadian Heritage]

Madam Speaker, it is truly disappointing to see this. We are ready to work for Canadians. We were ready to stay here until midnight to discuss important issues for Canadians to get the relief the Conservatives have been demanding. They have been saying that Canadians need relief on inflation, yet here is an opportunity to debate that. Here is an opportunity to get that relief to Canadians faster on a bill that they support, but they would rather play parliamentary games than help Canadians. That is a shame.

I am pleased to rise in the House today to speak ti the private member's bill introduced by the hon. member for Saint-Léonard—Saint-Michel, Bill C-252, known as the child health protection act, which proposes changes to the Food and Drugs Act to better protect our children from the harms of food advertising and, ultimately, the health implications associated with unhealthy eating.

Healthy eating is a key priority for our government. It is for that reason we have worked since 2016 to implement a robust set of initiatives through the healthy eating strategy. The strategy has been the cornerstone of our plan to promote healthy eating for all Canadians, including and very importantly, our young ones. This plan has led to action on a number of fronts, from releasing a new and modernized Canada Food Guide, prohibiting the commercial use of trans fats in food, updating sodium reduction targets and, most recently, publishing new front-of-package labelling regulations to provide simplified and easily visible information to help Canadians make informed and healthy choices. These policies are having, and will have, real and tangible impacts, but promoting healthy eating is a complex and ongoing effort, and we cannot stop here.

Members will know that our government has made clear our commitment to protecting our most vulnerable populations by supporting restrictions on the commercial marketing of food and beverages to children. The sad reality is that the current food environment continues to pose real challenges for families in being able to make nutritious food choices, including the impact on children by food marketing techniques. This is why our government believes in demonstrating strong leadership in this area. Our actions are guided by the recognition that a healthy population is key to reducing vulnerabilities at public health events and protecting our health care system. In addition, a healthy population is central to the long-term growth and prosperity of Canadians today and well into the future.

I am pleased that a number of my colleagues in the House share our government's concern about childhood obesity, diet-related chronic disease and the risks to long-term health, and rightly so. We know that one of the consequences of unhealthy eating is chronic disease, which is on the rise. Diet-related chronic diseases, such as type 2 diabetes, hypertension, cardiovascular diseases and some cancers, are now a leading cause of morbidity and mortality in Canada, and most concerning is that these diseases are starting to affect children.

Obesity, although a multifactorial condition, is influenced by a range of factors, including environmental and individual factors. Diets with excess intakes of sodium, sugars and saturated fat are a key risk factor linked to obesity and other diet-related diseases. Studies have shown that most children in Canada are consuming excess amounts of some or all three of these nutrients. Given what we know about the number of interconnected factors that influence our diet, our government believes in taking a comprehensive approach to tackling the issue, and food advertising is an area of high priority.

Research has shown us that of all age groups, children are particularly vulnerable to food advertising. Food advertising influences their attitudes, preferences, purchase requests, consumption patterns and overall health. The more children are exposed to food advertising, the more likely they are to request those foods. In Canada, children are exposed to food advertising throughout their day in a variety of settings, including in their homes, schools, restaurants and grocery stores.

Unsurprisingly, television has long been an important source of exposure to food advertising. Despite our change in technology and media-consumption habits, it continues to contribute significantly to children's exposure. In fact, data collected through Health Canada's monitoring estimates that children between the ages of two and 11 are seeing up to 33 food ads per week on television.

The popularity of smart phones, tablets, computers and other devices has also made it easier for advertisers to reach children and amplify their messaging. A study published in 2019 estimated that children in Canada aged seven to 11 saw approximately 30 food ads per week on social media apps alone. The vast majority of these ads were for foods that contain excess sodium, sugars, and saturated fats. In fact, more than 90% of them did.

Advertisers typically employ strategies that strongly appeal to children, such as featuring characters from children's programs and movies, offering incentives like free toys and featuring celebrities, athletes and influencers popular with children.

Not only that, the emergence of sophisticated digital advertising technology over the last decade has enabled industry to reach specific audiences with precision, and children are no exception. Digital advertisers are able to analyze, access and utilize a wealth of data to increase the reach and effectiveness of their advertisements, including users' interests, location, demographics, information, emotional state and much more.

These advances are further exacerbating the need for government to step in and help children make healthier eating decisions by restricting food advertising directed at them. Restricting the advertising of certain foods to children is not a novel idea. Over the years, public health experts and advocacy organizations have continued to tell us that government intervention is required to protect children in Canada.

When looking at our counterparts internationally, many countries have already taken action or are currently moving to restrict food advertising to children to protect this vulnerable segment of the population. We recognize the truly global aspect of this issue. It is paramount that we do more to protect our children from the influence of food advertisers.

Beyond the very obvious health benefits, there is a very strong economic imperative for doing everything we can to promote healthy diets. We anticipate Canada's life expectancy will be reduced by three years due to excess weight and obesity by 2050. The economic burden of obesity is also significant. The OECD reported that obesity accounted for 10.6% of all Canadian health expenditures and is one of the highest rates of all countries analyzed.

Before the COVID-19 pandemic, the World Obesity Federation estimated that the economic burden of diet-related chronic diseases, obesity and other modifiable risk factors at $26.7 billion per year, rising to $33.7 billion per year by 2025. Overall, the evidence is crystal clear. Obesity and diet-related chronic diseases lead to decreased life expectancy, increased economic hardship, lower educational and employment outcomes and decreased labour force productivity.

Our government is committed to promoting healthy eating and supporting Canadians in making healthier food choices. If we recognize the need to take action now and prevent disease in the future, generations of Canadians will remain productive members of society and enjoy good health. The bill would help limit the undue influence of advertising that makes healthy eating a challenge for families and their children.

There is one point that I would like to address that a previous member brought up, in terms of the concern for advertisers, the concern for sponsorships. It took me back to a time when the government was considering banning smoking and tobacco advertisers on various events, like jazz festivals and races, and that these events would disappear. This is going back decades, when members of Parliament stood up at the time and said that we needed to keep smoking advertisements on events that are marketed to children, because it is good for these events and they would disappear if those advertisements disappeared.

Those advertisements disappeared in the name of public health, and those activities still remained.

Using children's sports as a means to knock down this legislation is truly shocking. The sponsorship opportunities will continue to be there, as they were when this place debated tobacco advertising years ago.

I truly hope that all members of the House will come together and do what is right for our kids. I see it first-hand. The advertisements my kids see on YouTube and other platforms lead to the choices they want to make and where they want to go and, “Dad, can we go here?” We need to do better. We need to do better for them. We need to do better for all Canadians.

I hope all members of the House support the bill.

[Garnett Genuis, Conservative, Sherwood Park—Fort Saskatchewan, AB]

Madam Speaker, I am rising on a point of order.

I want to, respectfully, just draw your attention to an exchange that I had with the Speaker on June 9 of this year. The context was that the member for Kildonan—St. Paul sought unanimous consent for a motion and was cut off in the middle by the Speaker because of a number of nays.

I asked the Speaker, “Mr. Speaker, I wonder if you could clarify the process. Is it your ruling going forward that if a member is saying 'no', you will stop the reading of the motion? I think we have had cases where some members were saying 'no' and yet the member continued with the unanimous consent motion.”

The Speaker ruled as follows. He said, “In fact, I have been getting this from both sides. Both government and opposition members have been asking for that exact type of behaviour, rather than let it all go through. Sometimes unanimous consent motions are used as a method of getting a message across, but that is what S.O. 31s are for. If we can just shift everything over, we can use it that way. We will do our best to make that happen.”

Given the precedent set and given the cutting off of the member for Kildonan—St. Paul on June 9, I ask that this be taken into consideration in future moments like this.

[The Assistant Deputy Speaker (Mrs. Alexandra Mendès), Liberal, Alexandra Mendes]

That was not a ruling from the Speaker. I maintain what I said: It was a recommendation by the Speaker.

Resuming debate, the hon. member for Peace River—Westlock.

[Arnold Viersen, Conservative, Peace River—Westlock, AB]

Madam Speaker, I am pleased to speak today to Bill C-252, which focuses on the prohibition of food and beverage marketing directed at children.

This bill is mostly a preamble, and there is some strong language in the preamble about protecting kids from manipulative media and about their vulnerability to marketing and media. We should be concerned about marketing that is targeting kids with things that are beyond their age or could be harmful to them.

What about sexually explicit materials and their impact on kids? Numerous studies show the harmful impact that exposure to pornography and hypersexualized media can have on kids, including mental health issues such as depression, loneliness, low self-esteem, increased likelihood of accepting sexual violence or rape myths and an increased risk of girls being sexually harassed and boys committing sexual harassment. The Canadian Centre for Child Protection highlights that exposure to pornography by children may shape a child’s expectations in relationships, blur boundaries and increase a child’s risk of victimization, increase a child’s health risks through, for example, sexually transmitted infections or sexual exploitation, and increase a child’s risk of problematic sexual behaviour against other children in an effort to experiment.

We know that children’s exposure to sexually explicit content, particularly that which is violent and degrading, causes serious and significant harm to mental and emotional health. We know that much of the pornographic content published and hosted on MindGeek websites is sexist, racist or degrading to particular groups. We also know that some of the content involves actual violence or coercion, or is shared without consent.

We need to be focused on the marketing that targets children, and one of the most pressing areas is companies that publish sexually explicit material. If we want to protect “vulnerable children from the manipulative influence of marketing”, particularly harmful content online, we should be starting with predatory porn companies. Porn companies should not have unlimited access to kids online but they do, and they have no requirement to make sure those accessing their sites are actually over the age of 18.

For example, MindGeek is a Montreal-based company not too far from the riding of the sponsor of this bill. MindGeek employs around 1,600 people. It is based in Montreal and the online platforms it owns include Pornhub, RedTube, YouPorn and Brazzers. According to MindGeek's own data, its websites received approximately 4.5 billion visits each month in 2020, equivalent to the monthly visitors of Facebook. Many of those visitors were kids.

That is why last spring, when Bill C-11 was going through the Canadian heritage committee, I proposed amendments to help protect kids from exposure to sexually explicit content. Specifically, my amendment would have added to the policy objective of the Broadcasting Act that it “seek to protect the health and well-being of children by preventing the broadcasting to children of programs that include sexually explicit content”. It was supported by multiple child advocacy organizations and those fighting online exploitation in briefs submitted to the heritage committee.

Defend Dignity, a great organization, pointed out that these amendments are supported by general comment 25, which was recently adopted by the UN Convention on the Rights of the Child. Canada is a signatory to it. The Convention on the Rights of the Child's general comment notes:

States parties should take all appropriate measures to protect children from risks to their right to life, survival and development. Risks relating to content, contact, conduct and contract encompass, among other things, violent and sexual content, cyberaggression and harassment, gambling, exploitation and abuse, including sexual exploitation and abuse, and the promotion of or incitement to suicide or life-threatening activities, including by criminals or armed groups designated as terrorist or violent extremist.

To be clear, they urge signatories like Canada to “take all appropriate measures to protect children from risks...relating to...violent and sexual content”. That is why Defend Dignity said, “Protecting children from the harms of sexually explicit material and society from the dangerous impact of violent sexually explicit material must be a priority.”

Timea’s Cause, another great organization, and OneChild, with a combined 32 years of experience in combatting the sexual exploitation of children, wrote to the heritage committee and said:

Today, Canadian children's access to sexually explicit content and the broadcasting of sexual violence has gone far beyond the realm of television and radio. This content is broadcasted online through digital advertising to pornography. The Internet has unleashed a tsunami of content that is objectifying, violent, and misogynistic in nature, and those viewing this harmful content are getting younger and younger....

This content greatly informs our cultural norms, values, and ideologies. In the case of children, who are still navigating the world and are in the process of developing their sense of self and esteem and learning how they should treat others and how others should treat them-this kind of material is detrimental to their development. It warps their understanding of sex, consent, boundaries, healthy relationships, and gender roles. Moreover, viewing this kind of online content has frightening links to rape, “sextortion”, deviant and illegal types of pornography such as online child abuse material, domestic violence, patronizing prostitution, and even involvement in sex trafficking.

At the heritage committee, when it came to a vote on my amendment, it had NDP support, but the Liberal Party voted it down. It was puzzling that, for the Liberals, who want to control the posts of regular Canadians and now target food advertisers, porn companies get a free pass when it comes to our kids.

I will say it again: Predatory companies such as MindGeek should not have unlimited access to our kids online. This is not new. Over two and a half years ago, we wrote to the Prime Minister asking him for help to stop this. We got no reply. Then, two years ago, MPs and senators from across party lines wrote the justice minister, and this was followed by a New York Times exposé asking, “Why does Canada allow this company to profit off videos of exploitation and assault?”

We then had an ethics committee study last year, a committee that the sponsor of the bill sat on, with 14 recommendations supported by all parties, and still there was no attempt by the government to provide oversight to a part of the Internet that has caused so much pain and suffering to women, youth and vulnerable individuals.

Now, there is a courageous, independent senator who is taking on predatory porn companies like MindGeek with the goal of keeping kids safe online. She has introduced Bill S-210, the protecting young persons from exposure to pornography act, in the Senate, which would require all that publish sexually explicit material to verify the age of the consumer.

The preamble of Bill S-210 states:

Whereas the consumption of sexually explicit material by young persons is associated with a range of serious harms, including the development of pornography addiction, the reinforcement of gender stereotypes and the development of attitudes favourable to harassment and violence — including sexual harassment and sexual violence — particularly against women;

Whereas Parliament recognizes that the harmful effects of the increasing accessibility of sexually explicit material online for young persons are an important public health and public safety concern;

The preamble then continues:

And whereas any organization making sexually explicit material available on the Internet for commercial purposes has a responsibility to ensure that it is not accessed by young persons;

This bill is at committee at the moment in the Senate, and it is hopefully headed to the House soon. When it gets here, I hope it will have strong support among all the parties.

When it comes to Bill C-252, I support the intentions and the aims of the bill, and I commend the member for Saint-Léonard—Saint-Michel for her efforts. As parents, we want our children to be healthy and protect them from marketing that could be harmful.

The striking difference between Bill S-210 and Bill C-252 is that the former has a clear framework put in place to do what it aims to do, and I do not see that in Bill C-252, which is not written in a way that could actually accomplish what it claims to do. We know that Quebec passed similar legislation in 1980 to ban advertising aimed at kids under 13, and it has largely been ineffective in lowering child obesity rates.

I also believe that parents should be able to make informed food choices for their families and have affordable access to nutritious foods, the latter of which has become incredibly difficult due to the inflation crisis caused by the Liberal government.

To be successful on this, we need co-operation across all sectors, and I look forward to working with members of the House and across the economy to ensure that we have parents and corporations working together to encourage healthy living.

[The Assistant Deputy Speaker (Mrs. Alexandra Mendès), Liberal, Alexandra Mendes]

The hon. member for Regina—Lewvan is rising on a point of order.

[Warren Steinley, Conservative, Regina—Lewvan, SK]

Madam Speaker, I ask that the House give unanimous consent to support the Province of Saskatchewan's environmental plan. Saskatchewan's plan mirrors the plan of other provinces that the Liberal government has accepted. Therefore, based on fair and equal treatment of provinces within the dominion of Canada, Saskatchewan's plan should be accepted and approved by the government of the day.

[The Assistant Deputy Speaker (Mrs. Alexandra Mendès), Liberal, Alexandra Mendes]

Does the hon. member have unanimous consent?

[Some hon. members]

No.

[The Assistant Deputy Speaker (Mrs. Alexandra Mendès), Liberal, Alexandra Mendes]

The hon. member for Abitibi—Témiscamingue has three minutes for his speech.

[Sébastien Lemire, Bloc, Abitibi—Témiscamingue, QC]

Madam Speaker, currently, more than half of Quebeckers are overweight, and 18% are obese. Obesity affects 6% of 12- to 17-year-olds and 17% of 18- to 24-year-olds. These statistics show that, for some people, obesity sets in early in life.

We have to take this problem seriously, but what can we do? Schools, public places and workplaces need to make it easy for everyone, young and old, to make healthy choices when it comes to being physically active, eating properly and, most importantly, limiting their consumption of sugary drinks.

Why I am pointing the finger at sugary drinks? It is because the total number of people living with diabetes has doubled since 2000.

The science shows that being overweight and especially being obese increases the risk of developing chronic diseases such as diabetes, high blood pressure, heart disease and certain cancers. The health care cost of obesity is estimated to be nearly $3 billion, not to mention the effects of sugar and acidic drinks on oral health, which might also render the NDP-Liberal agreement useless.

That said, according to Quebec's Weight Coalition, advertising directed at children has a significant economic impact for the industry. We know that children have economic power because they influence almost 40% of family purchases. Since 2006, Canadian children have spent close to $3 billion in allowance money. They are more vulnerable to advertising. They may not yet have the ability to recognize the commercial nature of advertising. Above all, advertising builds brand loyalty among current and future consumers.

I would like to commend all those who have overcome, for example, their addiction to Diet Pepsi, which is one of the most difficult things to do. In particular, I want to commend my girlfriend.

In conclusion, we must protect children from marketing. For that reason, the Bloc Québécois will vote in favour of this bill, provided that the provinces, like Quebec, have full jurisdiction. There must be clear, informative labelling to counteract the appealing colours, imagery and characters used in the ads. Food labelling must be clearer, and that is a federal jurisdiction. We propose mandatory labelling of foods and products like GMOs. This should not be left up to businesses. The federal government must introduce a traceability program to properly inform consumers and to promote buying local.