Health Committee on March 19th, 2018

[James Van Loon]

Thank you for the question.

The act puts in place a variety of different coming-into-force provisions. Some things come into force right away—some of the promotion restrictions, for instance. Others come into force after 180 days. Indeed, many other things are simply regulatory authorities, and nothing will come into force until the regulation is gazetted for consultation and then finally gazetted.

On the plain packaging, for instance, the act doesn't do anything other than create the potential for those regulations, and then we will gazette those. They will have their own coming-into-force period.

Is that sufficient detail?

[Don Davies, NDP, Vancouver Kingsway, BC]

I think so. Ms. Finley expressed some concerns about there not being enough time for the industry's transition to the push pack and so on. Judging by your answer, I'm assuming that would be part of the plain packaging regulations that are not drafted yet. If that's the case, can you give us a general idea of how long it would be before the regulations you would expect would be drafted, promulgated, and enforced?

[James Van Loon]

I can tell you that we're working hard on those regulations. We have already consulted on what they will look like. When the minister will offer those to the Governor in Council for consideration is up to the minister. I wouldn't be able to say.

[Don Davies, NDP, Vancouver Kingsway, BC]

Have ministry staff met with manufacturers of tobacco products in Canada?

[James Van Loon]

I have met with manufacturers of tobacco products in Canada on a couple of occasions since becoming the DG, and other staff have in the past as well.

[The Chair, Liberal, Bill Casey]

Go ahead, Ms. Gladu.

[Marilyn Gladu, Conservative, Sarnia—Lambton, ON]

I think we need to consider some of the things that will take time. Mr. Van Loon has indicated that some of the changes would be immediate, such as the advertising restrictions. Well, people would have advertising in place, and they would have to deal with other situations, such as inventory you have to get rid of if you're with the Canadian convenience store owners group.

I think we need to allow a little bit more time than what has been put in place. I don't think we can leave it and hope the regulations are going to cover it. I think we have some due diligence here.

[The Chair, Liberal, Bill Casey]

All in favour of CPC-12?

(Amendment negatived)

Now we go to amendment LIB-18. Go ahead, Ms. Sidhu.

[Sonia Sidhu, Liberal, Brampton South, ON]

Mr. Chair, I would like to propose:

That Bill S-5, in Clause 80, be amended by replacing lines 26 and 27 on page 47 with the following:

"38 and 40, subsections 44(2) and (5), sections 56, 62 and 63, subsections 68(1) to (3) and sections 69 and 70 come into force on the 180th"

This amendment to clause 80 would ensure that proposed subsection 68(4) would come into force upon royal assent.

[The Chair, Liberal, Bill Casey]

Is there any discussion?

[Don Davies, NDP, Vancouver Kingsway, BC]

I would just like to know from ministry staff what the purpose and effect of this amendment would be.

[James Van Loon]

I will get to the right page.

[Don Davies, NDP, Vancouver Kingsway, BC]

Sure.

[James Van Loon]

Thank you. This amendment deals with the coming into force of the amendment to schedule 1. That's it. It gives 180 days.

[Don Davies, NDP, Vancouver Kingsway, BC]

Just so we know for the record, what does schedule 1 do?

[Anne-Marie LeBel, Legal Counsel, Department of Health]

It's schedule 1 of the current Tobacco Act. It lists ingredients that are not permitted in tobacco products. The changes that were made to clause 68, I believe, were to exclude tobacco products manufactured or sold for export. Those changes, with this clause, would come into force upon royal assent of the bill.

[Don Davies, NDP, Vancouver Kingsway, BC]

Okay. Thank you.

[The Chair, Liberal, Bill Casey]

Seeing no further debate, I'll call for a vote on LIB-18.

(Amendment agreed to)

Now we go to LIB-19.

Go ahead, Mr. McKinnon.

[Ron McKinnon, Liberal, Coquitlam—Port Coquitlam, BC]

This is essentially a technical amendment. It affects the coming into force of different aspects of this legislation. Specifically, it adds the following:

(8) Subsection 75(3) comes into force on a day to be fixed by order of the Governor in Council.

Actually, I'd like the officials to speak about why this amendment is needed.

[James Van Loon]

Thank you for the question. Yes, simply, if you look at the way the carve-out for the tank devices is set up, you see that it's carved out of the CCCR, and then the next clause says it's back in, and that clause comes into force upon order in council. It just basically allows us to reapply the Consumer Chemicals and Containers Regulations to the tank devices at a time to be fixed by order in council, if that turns out to be the right way to approach this.

[Ron McKinnon, Liberal, Coquitlam—Port Coquitlam, BC]

I see this as really a housekeeping amendment.

(Amendment agreed to)

(Clause 80 as amended agreed to [See Minutes of Proceedings])

(Clauses 81 to 85 inclusive agreed to)

(On schedules 2 and 3)

[The Chair, Liberal, Bill Casey]

Now we have amendment LIB-20, which is on the schedule.

Go ahead, Mr. Ayoub, Your Worship.

[Ramez Ayoub, Liberal, Thérèse-De Blainville, QC]

Thank you, Mr. Chair.

An amendment to Bill S-5 would prohibit the sale and manufacture of vaping products that include the ingredients listed in Schedule 2, and the sale of vaping products that promote the flavours listed in Schedule 3. This amendment to section 69 of the bill would add a list to Schedules 2 and 3 to exclude vaping products that are made or sold for export.

This means that a Canadian company could sell a vaping product for export to the United States or other foreign markets, which would contain the additives listed in Schedule 2 or which promotes the flavours listed in Schedule 3.

I thus propose that the bill be amended by replacing the portion of items 1 to 9 in column 2 of Schedule 2 on page 51 by the following—I will only read one item of the nine contained in part (a)—“vaping substances, except prescription vaping substances and vaping substances that are manufactured or sold for export”.

In part (b), I move that we replace the portion of items 1 to 5 in column 2 of Schedule 3, which is also found on page 51. In this case, the first two items, 1 and 2, refer to “vaping products, except prescription vaping products and vaping products that are manufactured or sold for export”. Items 3 to 5 refer to “vaping products, except vaping products that are manufactured or sold for export”.

That is the proposed amendment.

[The Chair, Liberal, Bill Casey]

Thank you.

Are there any comments on LIB-20?

(Amendment agreed to [See Minutes of Proceedings])

Now we go to CPC-13.

[Marilyn Gladu, Conservative, Sarnia—Lambton, ON]

Thanks.

You will remember the testimony we heard on vaping—that it's not harmless, and that in some cases people receive respiratory harm from vaping. You remember we had the discussion about popcorn lung, about whether it exists and whether we'd heard about it. I asked one of the witnesses if he'd heard of it. He said no, that they've had vaping in Europe for 10 years, and in England, and this is not a concern.

Interestingly enough, the reason it's not a concern is they've banned diacetyl as an ingredient in the flavours. This amendment adds that to the things that wouldn't be allowed in any of the ingredients to prevent that from happening here.