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Minutes of Proceedings

42nd Parliament, 1st Session
Meeting No. 94
Wednesday, February 28, 2018, 4:04 p.m. to 6:20 p.m.
Presiding
Bill Casey, Chair (Liberal)

•  Hon. Diane Finley for Len Webber (Conservative)
House of Commons
• Olivier Champagne, Legislative Clerk
 
Library of Parliament
• Marlisa Tiedemann, Analyst
Department of Health
• James Van Loon, Director General, Tobacco Control Directorate
• Denis Choinière, Director, Tobacco Products Regulatory Office
• Anne-Marie LeBel, Legal Counsel
• Saira David, Director, Tobacco Labelling Division and Plain and Standardized Packaging Division
Pursuant to the Order of Reference of Tuesday, January 30, 2018, the Committee resumed consideration of Bill S-5, An Act to amend the Tobacco Act and the Non-smokers’ Health Act and to make consequential amendments to other Acts.

The witnesses answered questions.

The Committee commenced its clause-by-clause study of the Bill.

The Chair called Clause 1.

Clause 1 carried.

Clause 2 carried.

On Clause 3,

Marilyn Gladu moved, — That Bill S-5, in Clause 3, be amended by adding after line 37 on page 2 the following:

heat stick means a device that heats, but does not burn, the tobacco it contains and that is intended to be brought to the mouth for inhalation. ( appareil à tabac chauffé)”

After debate, the question was put on the amendment of Marilyn Gladu and it was negatived, by a show of hands: YEAS: 3; NAYS: 6.

Clause 3 carried.

Clause 4 carried.

On Clause 5,

Don Davies moved, — That Bill S-5, in Clause 5, be amended by adding after line 12 on page 4 the following:

“(e) to reduce dependence on tobacco products and thus the incidence of disease and death caused by their use; and

(f) to reduce the rate of use of tobacco products to no more than 5% of Canadians by 2035.”

After debate, the question was put on the amendment of Don Davies and it was negatived on the following recorded division:

YEAS: Don Davies, Diane Finley, Marilyn Gladu, Ben Lobb — 4;

NAYS: Ramez Ayoub, Doug Eyolfson, Ron McKinnon, John Oliver, Sonia Sidhu — 5.

Clause 5 carried.

Clause 6 carried.

Clause 7 carried.

Clause 8 carried.

On Clause 9,

Marilyn Gladu moved, — That Bill S-5, in Clause 9, be amended by adding after line 17 on page 6 the following:

“(2) Sections 6.1 and 6.2 do not apply in respect of information that would not be disclosed to the public if a request for access to that information were made under the Access to Information Act .”

After debate, the question was put on the amendment of Marilyn Gladu and it was negatived, by a show of hands: YEAS: 3; NAYS: 6.

Clause 9 carried.

Clause 10 carried.

On Clause 11,

Diane Finley moved, — That Bill S-5, in Clause 11, be amended by adding after line 37 on page 6 the following:

“(b.2) respecting markings that must be displayed on cigarettes, tubes, filters and packages to indicate that a tobacco product is genuine;”

After debate, the question was put on the amendment of Diane Finley and it was negatived, by a show of hands: YEAS: 3; NAYS: 6.

Clause 11 carried.

By unanimous consent, Clauses 12 to 17 inclusive carried severally.

On Clause 18,

Doug Eyolfson moved, — That Bill S-5, in Clause 18, be amended by replacing line 36 on page 12 to line 7 on page 13 with the following:

“product, means

(a) that the product

(i) contains a drug that is set out in the prescription drug list, as amended from time to time, established under subsection 29.1(1) of the Food and Drugs Act, or a drug that is part of a class of drugs that is set out in that list, and

(ii) is the subject of an authorization issued under that Act authorizing its sale; or

(b) that the product contains a controlled substance, as defined in subsection 2(1) of the Controlled Drugs and Substances Act, the sale or provision of which is authorized under that Act.”

After debate, the question was put on the amendment of Doug Eyolfson and it was agreed to, by a show of hands: YEAS: 5; NAYS: 0.

Clause 18, as amended, carried.

Clause 19 carried.

On Clause 20,

Don Davies moved, — That Bill S-5, in Clause 20, be amended by replacing line 32 on page 13 with the following:

“product unless the product and the package containing it display, in the”

After debate, the question was put on the amendment of Don Davies and it was agreed to, by a show of hands: YEAS: 8; NAYS: 0.

Marilyn Gladu moved, — That Bill S-5, in Clause 20, be amended by adding after line 6 on page 14 the following:

“(1.2) This section does not apply in respect of tobacco products manufactured, sold or packaged for export.”

After debate, the question was put on the amendment of Marilyn Gladu and it was negatived, by a show of hands: YEAS: 3; NAYS: 6.

Clause 20, as amended, carried.

Clause 21 carried.

On Clause 22,

Don Davies moved, — That Bill S-5, in Clause 22, be amended by replacing line 21 on page 15 with the following:

“(a) respecting the information that must appear on tobacco products and to-”

After debate, the question was put on the amendment of Don Davies and it was agreed to, by a show of hands: YEAS: 4; NAYS: 0.

Clause 22, as amended, carried by a show of hands: YEAS: 3; NAYS: 0.

On Clause 23,

Diane Finley moved, — That Bill S-5, in Clause 23, be amended by adding after line 32 on page 16 the following:

“(d) a promotion by a person who is entitled to practise medicine by the laws of a province that is directed at a patient using a tobacco product to inform that patient of the lesser health hazards and health effects of vaping products and heat sticks. ”

Debate arose thereon.

Marilyn Gladu moved, — That the amendment be amended by deleting the words “and heat sticks”.

After debate, the question was put on the subamendment of Marilyn Gladu and it was agreed to, by a show of hands: YEAS: 9; NAYS: 0.

The question was put on the amendment of Diane Finley, as amended, and it was negatived, by a show of hands: YEAS: 3; NAYS: 6.

Clause 23 carried.

By unanimous consent, Clauses 24 to 26 inclusive carried severally.

On Clause 27,

Diane Finley moved, — That Bill S-5, in Clause 27, be amended by replacing line 23 on page 17 with the following:

“20.1 Subject to the regulations, no person shall promote a tobacco product, includ-”

After debate, the question was put on the amendment of Diane Finley and it was negatived, by a show of hands: YEAS: 3; NAYS: 5.

Diane Finley moved, — That Bill S-5, in Clause 27, be amended by replacing line 27 on page 17 with the following:

“other tobacco products or their emissions unless authorized by the Minister; or”

After debate, the question was put on the amendment of Diane Finley and it was negatived, by a show of hands: YEAS: 3; NAYS: 6.

Clause 27 carried.

Clause 28 carried.

On Clause 29,

Diane Finley moved, — That Bill S-5, in Clause 29, be amended by replacing line 5 on page 18 with the following:

“tobacco product, other than a heat stick, by means of advertising that depicts, in”

After debate, the question was put on the amendment of Diane Finley and it was negatived, by a show of hands: YEAS: 3; NAYS: 6.

Marilyn Gladu moved, — That Bill S-5, in Clause 29, be amended by adding after line 9 on page 18 the following:

“(1.1) A person may advertise a heat stick or other device that reduces health hazards and health effects arising from the use of tobacco products to inform consumers of its lesser health hazards and health effects.”

After debate, the question was put on the amendment of Marilyn Gladu and it was negatived, by a show of hands: YEAS: 3; NAYS: 6.

Clause 29 carried.

By unanimous consent, Clauses 30 and 31 carried severally.

On Clause 32,

Sonia Sidhu moved, — That Bill S-5, in Clause 32, be amended by adding after line 7 on page 19 the following:

“23.3 No person shall promote or sell a device that is a tobacco product or a part that may be used with such a device, whether or not the device or part contains tobacco, if the device or part has an appearance, shape or other sensory attribute or a function for which there are reasonable grounds to believe that it could make the device or part appealing to young persons.”

After debate, the question was put on the amendment of Sonia Sidhu and it was agreed to, by a show of hands: YEAS: 7; NAYS: 0.

Clause 32, as amended, carried.

By unanimous consent, Clauses 33 to 35 inclusive carried severally.

On Clause 36,

Don Davies moved, — That Bill S-5, in Clause 36, be amended by adding after line 17 on page 21 the following:

“(2) If the promotion is made using a means of telecommunication, the promoter must take reasonable steps to ensure that the promotion cannot be accessed by a young person.”

After debate, the question was put on the amendment of Don Davies and it was negatived, by a show of hands: YEAS: 3; NAYS: 5.

Don Davies moved, — That Bill S-5, in Clause 36, be amended by deleting lines 22 to 29 on page 21.

Debate arose thereon.

Ben Lobb moved, — That the amendment be amended by adding after the word “21” the following:

“, and by renumbering the remaining provision and amending all references to it accordingly”.

After debate, the question was put on the subamendment of Ben Lobb and it was negatived on the following recorded division:

YEAS: Don Davies, Diane Finley, Marilyn Gladu, Ben Lobb — 4;

NAYS: Ramez Ayoub, Doug Eyolfson, Ron McKinnon, John Oliver, Sonia Sidhu — 5.

The Committee resumed consideration of the amendment of Don Davies, — That Bill S-5, in Clause 36, be amended by deleting lines 22 to 29 on page 21.

The debate continued.

After debate, the question was put on the amendment of Don Davies and it was negatived on the following recorded division:

YEAS: Don Davies, Diane Finley, Ben Lobb — 3;

NAYS: Ramez Ayoub, Doug Eyolfson, Marilyn Gladu, Ron McKinnon, John Oliver, Sonia Sidhu — 6.

John Oliver moved, — That Bill S-5, in Clause 36, be amended by

(a) deleting lines 22 to 29 on page 21;

(b) renumbering the remaining provision and amending all references to it accordingly.

After debate, the question was put on the amendment of John Oliver and it was agreed to, by a show of hands: YEAS: 7; NAYS: 0.

The Chair ruled that the following three (3) amendments were consequential to the previous amendment and therefore they were also adopted:

That Bill S-5, in Clause 44, be amended

(a) by deleting lines 25 to 27 on page 28;

(b) relettering paragraphs (f.01), (f.1), (f.2) and (f.3) on pages 28 and 29 as paragraphs (f), (e.1), (e.2) and (e.3), respectively;

(c) by replacing line 10 on page 29 with the following:

“following after paragraph (e):”

(d) by replacing line 24 on page 29 with the following:

“(6) Paragraph 33(e.2) of the Act is replaced by the”

That Bill S-5, in Clause 61, be amended by replacing line 15 on page 40 with the following:

“or (2), section 25, 27, 30.1 or 30.2, subsection 30.3(1)”

That Bill S-5, in Clause 63, be amended by replacing line 33 on page 40 with the following:

“27, 30.1 or 30.2, subsection 30.21(1) or 30.3(1) or (2),”

Don Davies moved, — That Bill S-5, in Clause 36, be amended by replacing line 24 on page 22 to line 10 on page 23 with the following:

“30.6 No manufacturer or retailer shall, in a place other than a retail establishment where vaping products are ordinarily sold and to which young persons do not have access,

(a) provide or offer to provide any consideration, direct or indirect, for the purchase of a vaping product, including a gift to a purchaser or a third party, bonus, premium, cash rebate or right to participate in a game, draw, lottery or contest; or

(b) furnish or offer to furnish a vaping product in consideration of the purchase of a product or service or the performance of a service unless the product purchased is a vaping product.”

After debate, the question was put on the amendment of Don Davies and it was negatived on the following recorded division:

YEAS: Don Davies, Diane Finley, Marilyn Gladu — 3;

NAYS: Ramez Ayoub, Doug Eyolfson, Ron McKinnon, John Oliver, Sonia Sidhu — 5.

Clause 36, as amended, carried.

Clause 37 carried.

On Clause 38,

Don Davies moved, — That Bill S-5, in Clause 38, be amended

(a) by replacing lines 1 and 2 on page 26 with the following:

“30.48 (1) No person shall promote a vaping product, including by means of the”

(b) by replacing lines 5 to 9 on page 26 with the following:

“that the product has a flavour that could be appealing to young persons.”

(c) by deleting lines 10 to 15 on page 26.

(d) by deleting lines 20 to 30 on page 26.

After debate, the question was put on the amendment of Don Davies and it was negatived on the following recorded division:

YEAS: Don Davies, Diane Finley, Marilyn Gladu, Ben Lobb — 4;

NAYS: Ramez Ayoub, Doug Eyolfson, Ron McKinnon, John Oliver, Sonia Sidhu — 5.

Clause 38 carried.

By unanimous consent, Clauses 39 to 43 inclusive carried severally.

Clause 44, as amended, carried.

By unanimous consent, Clauses 45 to 51 inclusive carried severally.

On Clause 52,

Doug Eyolfson moved, — That Bill S-5, in Clause 52, be amended by replacing lines 9 to 19 on page 36 with the following:

“52 Section 42.1 of the Act is repealed.”

After debate, the question was put on the amendment of Doug Eyolfson and it was agreed to, by a show of hands: YEAS: 5; NAYS: 3.

The Chair ruled that the following amendment was consequential to the previous amendment and therefore it was also adopted:

That Bill S-5, in Clause 53, be amended by replacing line 21 on page 36 with the following:

“before Part VI:”

Clause 52, as amended, carried.

On Clause 53,

Doug Eyolfson moved, — That Bill S-5, in Clause 53, be amended by

(a) replacing line 25 on page 36 with the following:

“that are regulated under the Food and Drugs Act or that contain a controlled substance, as defined in subsection 2(1) of the Controlled Drugs and Substances Act.”

(b) replacing line 29 on page 36 with the following:

and Drugs Act, or on the basis of type of licence, permit, authorization or exemption issued or granted under the Controlled Drugs and Substances Act.”

After debate, the question was put on the amendment of Doug Eyolfson and it was agreed to, by a show of hands: YEAS: 6; NAYS: 0.

Clause 53, as amended, carried.

By unanimous consent, Clauses 54 to 60 inclusive carried severally.

Clause 61, as amended, carried.

Clause 62 carried.

On Clause 63,

Sonia Sidhu moved, — That Bill S-5, in Clause 63, be amended by replacing line 32 on page 40 with the following:

“(2), 23.1(1) or (2) or 23.2(1) or (2), section 23.3, subsection 24(1) or (2), section 25,”

After debate, the question was put on the amendment of Sonia Sidhu and it was agreed to, by a show of hands: YEAS: 6; NAYS: 0.

Clause 63, as amended, carried.

By unanimous consent, Clauses 64 to 67 inclusive carried severally.

On Clause 68,

Ron McKinnon moved, — That Bill S-5, in Clause 68, be amended

(a) by replacing line 25 on page 42 with the following:

“adding “Tobacco products, except those that are manufactured or sold for export”;”

(b) by replacing line 33 on page 42 with the following:

“adding “Tobacco products, except those that are manufactured or sold for export”.

(4) The schedule to the Act is amended by replacing the portion of items 1 to 13 in column 2 with the following:

Item Column 2
Tobbaco Product
1 Except those that are manufactured or sold for export, the following:
(1) Cigarettes
(2) Cigars that have a wrapper that is not fitted in spiral form, cigars that have tipping paper and little cigars
(3) Blunt wraps
1.1 Cigars that have a wrapper fitted in spiral form and that weigh more than 1.4 g but not more than 6 g, excluding the weight of any mouthpiece or tip, other than those referred to in item 1 and those that are manufactured or sold for export
2 Except those that are manufactured or sold for export, the following:
(1) Cigarettes
(2) Little cigars
(3) All other cigars, except those that weigh more than 6 g excluding the weight of any mouthpiece or tip, have a wrapper fitted in spiral form and do not have tipping paper
(4) Blunt wraps
3 Except those that are manufactured or sold for export, the following:
(1) Cigarettes
(2) Little cigars
(3) All other cigars, except those that weigh more than 6 g excluding the weight of any mouthpiece or tip, have a wrapper fitted in spiral form and do not have tipping paper
(4) Blunt wraps
4 Cigarettes, except those that are manufactured or sold for export
4.1 Blunt wraps, except those that are manufactured or sold for export
4.2 Cigars, except the following:
(1) Little cigars
(2) Cigars that have tipping paper
(3) Cigars that weigh more than 6 g excluding the weight of any mouthpiece or tip, have a wrapper fitted in spiral form and do not have tipping paper
(4) Cigars that are manufactured or sold for export
4.3 Little cigars, except those that are manufactured or sold for export
4.4 Cigars that have tipping paper, except those that are manufactured or sold for export and little cigars
5 Except those that are manufactured or sold for export, the following:
(1) Cigarettes
(2) Little cigars
(3) All other cigars, except those that weigh more than 6 g excluding the weight of any mouthpiece or tip, have a wrapper fitted in spiral form and do not have tipping paper
(4) Blunt wraps
6 Except those that are manufactured or sold for export, the following:
(1) Cigarettes
(2) Little cigars
(3) All other cigars, except those that weigh more than 6 g excluding the weight of any mouthpiece or tip, have a wrapper fitted in spiral form and do not have tipping paper
(4) Blunt wraps
7 Except those that are manufactured or sold for export, the following:
(1) Cigarettes
(2) Little cigars
(3) All other cigars, except those that weigh more than 6 g excluding the weight of any mouthpiece or tip, have a wrapper fitted in spiral form and do not have tipping paper
(4) Blunt wraps
8 Except those that are manufactured or sold for export, the following:
(1) Cigarettes
(2) Little cigars
(3) All other cigars, except those that weigh more than 6 g excluding the weight of any mouthpiece or tip, have a wrapper fitted in spiral form and do not have tipping paper
(4) Blunt wraps
9 Except those that are manufactured or sold for export, the following:
(1) Cigarettes
(2) Little cigars
(3) All other cigars, except those that weigh more than 6 g excluding the weight of any mouthpiece or tip, have a wrapper fitted in spiral form and do not have tipping paper
(4) Blunt wraps
10 Except those that are manufactured or sold for export, the following:
(1) Cigarettes
(2) Little cigars
(3) All other cigars, except those that weigh more than 6 g excluding the weight of any mouthpiece or tip, have a wrapper fitted in spiral form and do not have tipping paper
(4) Blunt wraps
11 Except those that are manufactured or sold for export, the following:
(1) Cigarettes
(2) Little cigars
(3) All other cigars, except those that weigh more than 6 g excluding the weight of any mouthpiece or tip, have a wrapper fitted in spiral form and do not have tipping paper
(4) Blunt wraps
12 Except those that are manufactured or sold for export, the following:
(1) Cigarettes
(2) Little cigars
(3) All other cigars, except those that weigh more than 6 g excluding the weight of any mouthpiece or tip, have a wrapper fitted in spiral form and do not have tipping paper
(4) Blunt wraps
13 Except those that are manufactured or sold for export, the following:
(1) Cigarettes
(2) Little cigars
(3) All other cigars, except those that weigh more than 6 g excluding the weight of any mouthpiece or tip, have a wrapper fitted in spiral form and do not have tipping paper
(4) Blunt wraps

After debate, the question was put on the amendment of Ron McKinnon and it was agreed to, by a show of hands: YEAS: 5; NAYS: 0.

Clause 68, as amended, carried.

Clause 69 carried.

Clause 70 carried.

On new Clause 70.1,

Diane Finley moved, — That Bill S-5 be amended by adding after line 10 on page 43 the following new clause:

“Related Amendment to the Excise Act, 2001

70.1 The Excise Act, 2001, is amended by adding the following after section 32.1:

32.2 No person shall import acetate tow with the intent of manufacturing a tobacco product unless the person is a tobacco licensee.”

The Chair ruled the proposed amendment inadmissible because it sought to amend an Act not amended by the Bill, as provided on page 771 of House of Commons Procedure and Practice, Third Edition.

At 6:20 p.m., the Committee adjourned to the call of the Chair.



Marie-Hélène Sauvé
Clerk of the Committee