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HESA Committee Report

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In accordance with its Order of Reference of Tuesday, January 30, 2018, your Committee has considered Bill S-5, An Act to amend the Tobacco Act and the Non-smokers’ Health Act and to make consequential amendments to other Acts, and agreed on Monday, March 19, 2018, to report it with the following amendments:
Clause 18
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.”

Clause 20
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”

Clause 22
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-”

Clause 32
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.”

Clause 36
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.

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

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

(b) by 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”

Clause 52
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.”

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

“before Part VI:”

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.”

Clause 61
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)”

Clause 63
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,”

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),”

Clause 68
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

Clause 75
That Bill S-5, in Clause 75, be amended by

(a) replacing line 14 on page 44 with the following:

“75 (1) Subsection 4(2) of the Canada Consumer

(b) adding after line 23 on page 44 the following:

“(2) Section 4 of the Act is amended by adding the following after subsection (3):

(4) The Consumer Chemicals and Containers Regulations, 2001 do not apply in respect of vaping products, within the meaning of paragraphs (a) to (c) of the definition vaping product in section 2 of the Tobacco and Vaping Products Act, unless those regulations are amended to expressly provide that they apply in respect of those products.

(3) Subsection 4(4) of the Act is repealed.”

New Clause 79.1
That Bill S-5 be amended by adding after line 14 on page 47 the following new clause:

“79.1 If Bill C-45, introduced in the 1st session of the 42nd Parliament and entitled An Act respecting cannabis and to amend the Controlled Drugs and Substances Act, the Criminal Code and other Acts, receives royal assent, then, on the first day on which both subsection 204(1) of that Act and section 3 of this Act are in force,

(a) the definition accessory in section 2 of the Tobacco and Vaping Products Act is replaced by the following:

accessory means a product that may be used in the consumption of a tobacco product, including a pipe, cigarette holder, cigar clip, lighter and matches, and also means a water pipe. It does not include cannabis accessories, as defined in subsection 2(1) of the Cannabis Act. (accessoire)

(b) the portion of the definition vaping product in section 2 of the Tobacco and Vaping Products Act after paragraph (d) is replaced by the following:

It does not include devices and substances or mixtures of substances that are excluded by the regulations, cannabis, as defined in subsection 2(1) of the Cannabis Act, cannabis accessories, as defined in that subsection, tobacco products or their accessories. (produit de vapotage)”

Clause 80
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”

That Bill S-5, in Clause 80, be amended by adding after line 12 on page 48 the following:

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

Schedule
That Bill S-5 be amended by

(a) replacing the portion of items 1 to 9 in column 2 of Schedule 2 set out in the schedule to the Bill, on page 50, with the following:

Item Column 2
Vaping Product
1 Vaping substances, except prescription vaping substances and vaping substances that are manufactured or sold for export
2 Vaping substances, except prescription vaping substances and vaping substances that are manufactured or sold for export
3 Vaping substances, except prescription vaping substances and vaping substances that are manufactured or sold for export
4 Vaping substances, except prescription vaping substances and vaping substances that are manufactured or sold for export
5 Vaping substances, except prescription vaping substances and vaping substances that are manufactured or sold for export
6 Vaping substances, except prescription vaping substances and vaping substances that are manufactured or sold for export
7 Vaping substances, except prescription vaping substances and vaping substances that are manufactured or sold for export
8 Vaping substances, except prescription vaping substances and vaping substances that are manufactured or sold for export
9 Vaping substances, except prescription vaping substances and vaping substances that are manufactured or sold for export

(b) replacing the portion of items 1 to 5 in column 2 of Schedule 3 set out in the schedule to the Bill, on page 50, with the following:

Item Column 2
Vaping Product
1 Vaping products, except prescription vaping products and vaping products that are manufactured or sold for export
2 Vaping products, except prescription vaping products and vaping products that are manufactured or sold for export
3 Vaping products, except vaping products that are manufactured or sold for export
4 Vaping products, except vaping products that are manufactured or sold for export
5 Vaping products, except vaping products that are manufactured or sold for export

A copy of the relevant Minutes of Proceedings (Meetings Nos. 89 to 91 and 93 to 95) is tabled.