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.

Health

[Jean-Yves Duclos, Liberal, Minister of Health]

Mr. Speaker, first of all, I want to thank the member for Saint-Léonard—Saint-Michel for her question, her leadership and her focus on the importance of protecting people's health.

That is why we are so proud of her bill, Bill C‑252, which protects children from the effects of food and beverage marketing. That is why we are introducing a new food guide and improving food labelling to help people make better food choices. That is why budget 2023 includes $10 million in funding for Participaction to help people, particularly youth, to increase their physical activity.

[Sean Casey, Liberal, Charlottetown, PE]

Mr. Speaker, I have the honour to present, in both official languages, the following two reports of the Standing Committee on Health.

The committee's 12th report concerns the main estimates 2023-24.

In addition, I present the 13th report, in relation to Bill C-252, an act to amend the Food and Drugs Act, on the prohibition of food and beverage marketing directed at children.

The committee has studied the bill and has decided to report the bill back to the House with amendments.

[The Chair, Liberal, Sean Casey]

Colleagues, that brings us to the conclusion of the clause-by-clause consideration of Bill C-252.

Ms. Lattanzio, congratulations on your work in this regard.

To the officials, Dr. Sharma and Mr. Lee, thank you so much for your patience and professionalism in helping us through this process, and the same to the legislative clerks, Mr. Pagé and Mr. Vaive, for their technical advice.

Colleagues, I propose to suspend for five to 10 minutes in order for us to move in camera for committee business. The meeting is suspended.

[Proceedings continue in camera]

[The Chair, Liberal, Sean Casey]

I call this meeting to order.

Welcome to meeting number 61 of the House of Commons Standing Committee on Health. Today we will consider Bill C-252, before proceeding to drafting instructions for the report on children's health and committee business in camera.

In accordance with our routine motion, I'm informing the committee that all remote participants have completed the required connection tests.

We have with us Mr. Kram, Mr. Boulerice and Mr. Coteau, who are substituting today. Welcome to all.

I would also like to welcome back our two officials from Health Canada. They are here in case there are questions for the department about Bill C-252. Dr. Supriya Sharma is chief medical adviser, and David Lee is chief regulatory officer for the health products and food branch.

Thank you for coming back and being with us today.

(On clause 4)

Colleagues, at our last meeting we were discussing CPC-4, which relates to clause 4. The amendment had been introduced and debate had commenced.

If we pick up where we left off, that's where we are. We are debating amendment CPC-4. The floor is open for further debate on that amendment.

Yes, Ms. Goodridge.

[Matt Jeneroux, Conservative, Edmonton Riverbend, AB]

Mr. Chair, I will move CPC-4. I move that Bill C-252, in clause 4, be amended by adding after line 22 on page 4 the following:

(2) The review shall also examine whether, since their coming into force, sections 7.1 and 7.2 have been effective having regard to rates of obesity, high cholesterol, diabetes, sleep apnea, mental health issues, cancer and high blood pressure in children.

Essentially, Mr. Chair, this is getting at the metrics and results of this bill.

Thank you.

[The Chair, Liberal, Sean Casey]

Thank you. I'm now going to rule on the admissibility of CPC-3.

Bill C-252 amends the Food and Drugs Act to prohibit food and beverage marketing to persons under 13 years of age. CPC-3 proposes to direct the content of advertising, which is not contemplated in the bill. As House of Commons Procedure and Practice, 3rd edition, states on page 770, “An amendment to a bill that was referred to Committee after second reading is out of order if it is beyond the scope and principle of the Bill.”

In the opinion of the chair, the amendment introduces a new concept to the bill that goes beyond the scope of the bill; therefore, I rule the amendment inadmissible.

Unless there is a challenge to the chair, that brings us to G-3.

I believe that Mr. van Koeverden was interested in moving that. It is moved.

The debate is now on amendment G-3.

Are there any interventions? Does anyone wish to speak to G-3?

Go ahead, Ms. Goodridge.

[The Chair, Liberal, Sean Casey]

Bill C-252 amends the Food and Drugs Act to prohibit food and beverage marketing to persons under 13 years of age. Amendment CPC-1 seeks to promote a healthy lifestyle in children through sports and athletic programs, which is not contemplated in the bill. As House of Commons Procedure and Practice, third edition, states on page 770, “An amendment to a bill that was referred to a committee after second reading is out of order if it is beyond the scope and principle of the bill.”

In the opinion of the chair, the amendment introduces a new concept to the bill that goes beyond the scope of the bill. That's why I ruled the amendment inadmissible.

[The Chair, Liberal, Sean Casey]

Just before we get there, Ms. Goodridge, now that the amendment has been moved, I have to rule on its admissibility. That may dispense with the need for a response to your question.

Bill C-252 amends the Food and Drugs Act to prohibit food and beverage marketing to persons under 13 years of age. CPC-1 seeks to promote a healthy lifestyle in children through sports and athletic programs, which is not contemplated in the bill. As House of Commons Procedure and Practice, third edition, states on page 770, “An amendment to a bill that was referred to a committee after second reading is out of order if it is beyond the scope and principle of the bill.”

In the opinion of the chair, the amendment introduces a new concept to the bill that goes beyond the scope of the bill. Therefore, I rule the amendment inadmissible.

Given that CPC-1 is inadmissible, it brings us now to CPC-2.

Mr. Jeneroux.

[The Chair, Liberal, Sean Casey]

I call this meeting to order.

Welcome to meeting number 60 of the House of Commons Standing Committee on Health. Today we will consider Bill C-252, before proceeding to drafting instructions for the report on children's health and to committee business, in camera.

I'd like to, first of all, indicate to the committee that, in accordance with our routine motion—and as you know first-hand—all remote participants have completed the required connection tests in advance of the meeting.

I will now welcome back Ms. Lattanzio, the sponsor of Bill C-252, and our two officials from Health Canada. Thank you for coming back to be with us.

They are here, of course, in case there are questions for the department about the bill. They are Dr. Supriya Sharma, chief medical adviser and senior medical adviser, health products and food branch; and David Lee, chief regulatory officer, health products and food branch.

(On clause 4)

When we left off on Tuesday, we were discussing amendment G-2, which is an amendment to clause 4, so I would suggest that we pick up where we left off.

I recognize Mrs. Goodridge.

[Luc Thériault, Bloc, Montcalm, QC]

The legislature's greatest fear is that regulations never be subject to its review.

I've been listening very carefully to witnesses. I understand very well that we want to prevent advertising that would have a negative impact on children's eating habits. I get that. That said, I would have liked some examples, but none were given. I think there should be examples.

You use the word “foods”, but to us, foods are not a component. You use the word “regulatory” twice. The first time I read it, what I understood was that foods that are allowed on the market will not be prohibited, but those exceeding the level defined by the regulations will not be allowed in advertising to children. That was my initial understanding. However, after hearing your explanation, I no longer understand what I thought was simple to understand.

You introduced a list of nutrients that would be part of a regulation. In addition to the list of nutrients that, depending on the regulation, would be acceptable or not, these would have levels that would need to be regulated. In other words, I'm being asked to really go in blind in my role as legislator. I wouldn't want to face the foods that end up there.

For example, in Quebec, there was a milk commercial aimed at kids. I guess the consumer protection agency got no complaints about it. That's how the system works in Quebec: You need to file a complaint. Under Bill C‑252, things would not work that way, which would be a step forward compared to our system in Quebec.

Be that as it may, at one point, we had a milk commercial aimed at children. Are you telling me that a commercial like that would not be allowed?

Give us some concrete examples so we can relate. You're being too theoretical, too abstract right now. Reassure the legislators a little bit.

I, for one, was very satisfied with the original wording. Why isn't the government satisfied with that wording and why are they now introducing this amendment, among others?

I'd like to understand that first. Then you could try to answer my questions, if they were clear.

We're trying to figure this out.

[The Chair, Liberal, Sean Casey]

The question is on the amendment: that the witness list be limited to the Association of Canadian Advertisers.

All those in favour of the amendment that the only witness to be called at this Thursday's meeting be the Association of Canadian Advertisers.

(Amendment negatived on division)

Is there any debate on the main motion?

Seeing none, we're ready for the question.

The main motion is that we hear from witnesses this Thursday, for one hour prior to clause by clause, on Bill C-252.

Do I have it right, Ms. Goodridge?

[Laila Goodridge, Conservative, Fort McMurray—Cold Lake, AB]

Thank you, Mr. Chair.

Hearing some of the conversations around the table, I respect and appreciate the compromise brought forward by Monsieur Thériault.

I would like to move a motion that the committee hold a one-hour witness meeting for Bill C-252 prior to clause-by-clause, to be held this Thursday, March 30, so as not to delay any further. I think that's a very reasonable compromise. It allows people to bring forward a very limited number of witnesses. This is not about delaying the bill, as was suggested by the opposition and the Liberals.

[Luc Thériault, Bloc, Montcalm, QC]

Thank you, Mr. Chair.

I appreciate the opportunity to serve on the committee with my colleague Mr. Davies, who took part in the consideration of a similar bill in the past.

On the substance, I agree with Mr. van Koeverden. However, I have a quibble with something. The minister mentioned that the Association of Canadian Advertisers has a code and a guide with which advertisers will be expected to comply as of July 2023. It seems to me that this is a new factor that was not discussed in 2018. If we were to meet with the group to discuss a new factor, it seems to me that this would be it.

Quebec adopted the Consumer Protection Act a long time ago, but it's outdated. We won't be able to achieve the objective if the main stakeholders don't work hand in hand with us legislators. I was thinking that they might have some meaningful amendments to propose to us, and we might welcome them to improve Bill C‑252.

My role is to improve this bill based on the objectives Mr. van Koeverden talked about. If we were to make a compromise in the discussion this morning, I feel that focusing specifically on this group, who seem to have the same objectives as we do, might be an acceptable compromise that wouldn't slow down our work very much.

[Patricia Lattanzio, Liberal, Saint-Léonard—Saint-Michel, QC]

Thank you, Mr. Chair.

Good morning to all committee members.

Thank you for giving me the opportunity to present and discuss my private member's bill, Bill C-252, an act to amend the Food and Drugs Act, also known as the child health protection act.

Bill C-252 aims to help the youngest and most impressionable Canadians maintain and improve their health by restricting their exposure to advertisements of food with excessive amounts of sugar, sodium and saturated fats.

I am confident that all members of this committee can agree on the harms that diets with excessive amounts of sugars, sodium and saturated fats can have on the health of Canadians and, more importantly, on that of our children. In fact, research has shown that unhealthy diets with excessive amounts of these nutrients are linked to a higher lifetime risk of high blood pressure, high levels of cholesterol, diabetes, and cardiovascular and other chronic diseases.

Despite the risks associated with these kinds of diets, Canadians remain the second-largest buyers in the world of ultra-processed foods and beverages, second only to the Americans. It is clear that things need to change.

That is why my bill is proposing to prohibit the advertisement to children of food with an excessive amount of sugars, sodium and saturated fats. This is based on the key fact—which we know from extensive research—that developing healthy eating habits early in life is important to help to protect children from suffering health problems in adulthood. We know perfectly well the high rate of publicity and advertisements that children are exposed to every day. From TV to billboards to the Internet, children are bombarded by hundreds of ads on a daily basis.

A 2017 report on the health of Canadians has shown that over 90% of food and beverage product advertisements viewed by children online and on TV have been for products that have a high content of sugars, sodium and saturated fats. Evidence shows that food advertising strongly influences children's food preferences and consumption patterns.

For example, a Yale University experiment demonstrated that 7- to 11-year-old children who watched a cartoon show that included food commercials ate 45% more snack foods while watching the show compared to children who watched the same cartoon show with non-food commercials. It is therefore not surprising to learn that kids aged 9 through 13 get more calories—almost 60%—from ultra-processed foods than any other age group.

Having had young children myself, I know just how difficult it can be to ensure our children develop good eating habits. Although we make sure that they get all the healthy nutrients they need, the reality is that our kids are constantly being exposed to and influenced by ads that are working very hard to entice them to products that we know contribute to a poor diet.

The food industry also has recently recognized and acknowledged the need to better regulate the advertising to children. That is probably why in 2022 some of the largest food and beverage companies in Canada adopted the code for the responsible advertising of food and beverage products to children, which Ad Standards will begin administering later in 2023.

Although the proposed code is a good effort, its voluntary nature is not enough to tackle and solve the issue. Relying on adhesion on a voluntary basis and on self-regulation will allow restaurants, food companies, food retailers and advertisers to abstain from signing on or to withdraw their membership in the code at their convenience. Furthermore, the code explicitly excludes key advertising techniques such as packaging and labels, which constitute tactics and sources of exposure that are known to appeal to or influence children. This exemption, therefore, showcases the important limits of the industry's self-declared criteria.

It is therefore imperative that a solid government policy and a framework are put in place to achieve the results that we must obtain and that our children deserve.

Honourable members, I ask that you seriously consider the positive impacts of this bill in order to ensure a healthier future for our children. I thank you in advance for your efforts in advancing Bill C-252 towards adoption and implementation.

[The Chair, Liberal, Sean Casey]

I call this meeting to order. Welcome to meeting number 59 of the House of Commons Standing Committee on Health.

Today we will consider Bill C-252 during the first hour, before proceeding to drafting instructions for the report on children’s health in camera for the second half of the meeting.

Today’s meeting is taking place in a hybrid format pursuant to the House order of June 23, 2022.

In accordance with our routine motion, I'm informing the committee that all remote participants have completed the required connection tests in advance of the meeting. Today it was remarkably easy to do, because there are no remote participants.

I will now welcome Ms. Patricia Lattanzio, the member of Parliament from Saint-Léonard—Saint-Michel and sponsor of Bill C-252, an act to amend the Food and Drugs Act (prohibition of food and beverage marketing directed at children).

We are also joined by two officials from Health Canada in case there are questions for the department about the legislation. They are David Lee, chief regulatory officer, health products and food branch, and Dr. Supriya Sharma, chief medical adviser and senior medical adviser, health products and food branch. They are in the room but not at the table. They are certainly available to you if you have questions for them, either after Ms. Lattanzio's presentation or as we go through clause-by-clause.

The plan, colleagues, is to have one round of questions from each party so that we can get through the clause-by-clause and on to committee business.

With that, Ms. Lattanzio, thank you so much for being here. You have up to five minutes for your opening statement.

Welcome to the committee.

You have the floor.