What does this amendment do?
Evidence of meeting #94 for Health in the 42nd Parliament, 1st session. (The original version is on Parliament’s site, as are the minutes.) The winning word was amendment.
A recording is available from Parliament.
Evidence of meeting #94 for Health in the 42nd Parliament, 1st session. (The original version is on Parliament’s site, as are the minutes.) The winning word was amendment.
A recording is available from Parliament.
Liberal
Sonia Sidhu Liberal Brampton South, ON
This proposed amendment to clause 63 would create an offence in section 47 to the proposed tobacco and vaping products act identical to that for the prohibition already set out for proposed section 30.41, vaping devices.
Liberal
The Chair Liberal Bill Casey
All in favour of Liberal-13?
(Amendment agreed to)
Liberal-14 is already adopted, so now we go to NDP-10.
Mr. Davies.
NDP
Don Davies NDP Vancouver Kingsway, BC
I'm pretty sure that NDP-10 is a consequential amendment to the flavouring that would maybe not be relevant. Was that right?
Because NDP-8 was defeated, I think NDP-10 and NDP-11 are consequentially defeated. Am I right?
NDP
Don Davies NDP Vancouver Kingsway, BC
I believe that NDP amendments 10 and 11 are consequentially defeated because they were companion amendments to NDP-8.
Liberal
The Chair Liberal Bill Casey
Okay, so we'll declare that defeated. You're withdrawing it, in other words.
(Clause 63 as amended agreed to)
(Clauses 64 to 67 inclusive agreed to)
(On clause 68)
On clause 68, we have Liberal-15.
Mr. McKinnon.
Liberal
Ron McKinnon Liberal Coquitlam—Port Coquitlam, BC
This amendment proposes to amend the definition of “manufacture and sell“ in the Tobacco Act to clarify that these activities include the manufacture and sale of tobacco products for export. I think it's pretty straightforward.
Liberal
The Chair Liberal Bill Casey
I see no debate, so I'll call for a vote on Liberal-15.
(Amendment agreed to [See Minutes of Proceedings])
Pardon?
Conservative
Liberal
The Chair Liberal Bill Casey
Well, we were in a vote.
(Clause 68 as amended agreed to)
(Clauses 69 and 70 agreed to)
Now on clause 70.1, we have a new clause by CPC-11. We have declared this inadmissible because it affects the excise tax, which was not involved in the first original bill.
Conservative
Diane Finley Conservative Haldimand—Norfolk, ON
Could I ask the clerk what the protocol is? If an amendment has been submitted and then deemed rejected, what is the protocol to advise the people who submitted that? I'll start with that question.
Liberal
The Chair Liberal Bill Casey
I have a ruling, and that is an amendment is admissible if it proposes to amend a statute that is not before the committee. The Excise Act is not before the committee and it was not part of the original bill, so I'm declaring it out of order.
Conservative
Diane Finley Conservative Haldimand—Norfolk, ON
I'm asking what the procedure is to advise the people who submitted the amendment of that situation rather than here at the table.
Is there a process whereby they have the courtesy of being advised ahead of time?
Liberal
The Chair Liberal Bill Casey
It's upon request by the member. They request, I guess—I'm just repeating—if this is admissible or not.
Conservative
Diane Finley Conservative Haldimand—Norfolk, ON
Is there no responsibility incumbent upon the people who deemed it inadmissible to advise the submitter?
Liberal
The Chair Liberal Bill Casey
I'm making a ruling and I'm advising you now. This is the first opportunity I've had to do it.
Conservative
Diane Finley Conservative Haldimand—Norfolk, ON
This is the first opportunity we've had to debate the issue of whether it should be considered admissible.
I would submit that with all the discussion there's been about making this safer, making the smoking world safer—and by that, I would include consumer safety—the reduction of the presence of contraband would go a long way toward that. It also pertains to public safety. It's long been known in the industry that one of the most effective ways to control contraband is to control the acetate tow.
The minister herself raised this point while she was here. She said that the control of contraband was something she took very seriously, that the ministry took very seriously, that they were aware of the difficulties here. I believe the phrase was “one of her top priorities” to attack the contraband market. This is one of those devices and materials that has been referred to within this bill as terms of being under control for control purposes.
I would submit that as part of the device, this is something that should be included in this bill. It's a wonderful opportunity for the government to make good on its commitment to help.
The ministry officials would perhaps have some comment to make on this.
Liberal
The Chair Liberal Bill Casey
Look, it's a fundamental rule. The rule is that since the Excise Act, 2001 is not being amended by Bill S-5, it is the opinion of the chair that the amendment goes beyond the scope of the bill and is therefore inadmissible.
It isn't up to the health officials. This is a process rule. You can't amend another act if the original bill doesn't include that act. If the original bill is not affecting the Excise Act, you can't drag the excise tax in and amend it.
February 28th, 2018 / 6:20 p.m.
Conservative
Diane Finley Conservative Haldimand—Norfolk, ON
This isn't about excise tax; this is about control of a specific ingredient, as is done with many ingredients—we said, all the other ingredients—within the tobacco products.
Is that correct?
Liberal
The Chair Liberal Bill Casey
However, it doesn't mean the Excise Act. The amendment affects the Excise Act.
Conservative
Liberal
The Chair Liberal Bill Casey
Well, it affects the Excise Act. We can't be affecting other acts that aren't in the original bill.
Now I have Mr. Oliver.
Liberal
