Proceedings of the Standing Senate Committee on
Social Affairs,
Science and Technology
Issue 11 - Minutes of Proceedings
OTTAWA, Tuesday, May 12, 1998
(20)
[English]
The Standing Senate Committee on Social Affairs, Science and Technology met this day, in Room 160-S, Centre Block, at 10:00 a.m., the Chairman, the Honourable Lowell Murray, P.C. presiding.
Members of the committee present: The Honourable Senators Cohen, Cook, Cools, Ferretti Barth, Johnstone, Kenny, Lavoie-Roux, LeBreton, Murray, P.C., Nolin and Stollery (11).
Other senators present: The Honourable Senators Butts, Callbeck, DeWare and Maheu (4).
In attendance: From the Research Branch of the Library of Parliament: Jack Stilborn, Research Officer.
Also in attendance: The official reporters of the Senate.
Pursuant to the Order of Reference adopted by the Senate on April 2, 1998, the committee began its consideration of Bill S-13, An Act to incorporate and to establish an industry levy to provide for the Canadian Tobacco Industry Community Responsibility Foundation.
WITNESSES:
Hon. Colin Kenny, Co-sponsor of the bill.
Hon. Pierre Claude Nolin, Co-sponsor of the bill.
From the Quebec Coalition for Tobacco Control:
Mr. Louis Gauvin, Coordinator.
From Physicians for a Smoke-Free Canada:
Ms Cynthia Callard, Executive Director.
From the Non-Smokers' Rights Association:
Mr. Garfield Mahood, Executive Director.
From the Canadian Council for Tobacco Control:
Dr. Ron Stewart, President.
The Chairman made a statement.
The Honourable Senators Kenny and Nolin made a joint opening statement and answered questions.
Mr. Gauvin made a statement.
Ms Cynthia Callard made a statement.
Ms Callard deposited three documents with the Clerk of the Committee: Exhibit 5900 S2/S-13, 11 "1" entitled, "Review of Bill S-13 An Act to incorporate and to establish an industry levy to provide for the Canadian Tobacco Industry Community Responsibility Foundation: Notes for Remarks"; Exhibit 5900 S2/S-13, 11 "2" entitled, "An Assessment of the Chemical Toxicity of the Smoke from Canadian Cigarettes: Method Development and Analytical results for Ammonia, Pyrudine, 1,3-Butadienne and Vinyl Chloride"; and Exhibit 5900 S2/S-13, 11 "3" entitled, "A Historical Study of Nicotine Yields of Canadian Cigarettes in Relation to the Composition and Nicotine Content of Cigarette Tobacco (1968-1995)".
Garfield Mahood made a statement.
Mr. Mahood deposited one document with the Clerk of the Committee, Exhibit 5900 S2/S-13, 11 "4" entitled, "Remarks to the Senate Social Affairs, Science and Technology Committee on Bill S-13, An Act to incorporate and to establish an industry levy to provide for the Canadian Tobacco Industry Community Responsibility Fund."
Dr. Ron Stewart made a statement.
The witnesses answered questions as a panel.
The Chairman thanked the witnesses.
At 11:30 a.m., the Committee adjourned to the call of the Chairman.
OTTAWA, Tuesday, May 12, 1998
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[English]
The Standing Senate Committee on Social Affairs, Science and Technology met this day, in Room 160-S, Centre Block, at 5:50 p.m., the Chairman, the Honourable Lowell Murray, P.C. presiding.
Members of the committee present: The Honourable Senators Butts, Cools, Ferretti Barth, Johnstone, Kenny, Lavoie-Roux, LeBreton, Murray, P.C., Nolin and Stollery (10).
Other senators present: The Honourable Senators Callbeck, Cook, Johnson, Maheu and Spivak (5).
In attendance: From the Research Branch of the Library of Parliament: Jack Stilborn, Research Officer.
Also in attendance: The official reporters of the Senate.
Pursuant to the Order of Reference adopted by the Senate on April 2, 1998, the committee resumed its consideration of Bill S-13, An Act to incorporate and to establish an industry levy to provide for the Canadian Tobacco Industry Community Responsibility Foundation (for complete text of Order of Reference see Proceedings of the Committee, Issue No. 11, dated May 12, 1998 ).
WITNESSES:
From the Canadian Tobacco Manufacturers' Council:
Mr. Robert Parker, Chairman and Chief Executive Officer.
Individual presentation.
Dr. John C. Luik.
From the American Cancer Society, California Division, Inc.:
Mr. David E. Bonfilio, Immediate Past Chair.
From the Centre for Behavioural Research and Program Evaluation, National Cancer Institute of Canada:
Dr. Roy Cameron, Director, Waterloo Smoking Project.
From the Heart and Stroke Foundation of Quebec:
Ms Lilianne Bertrand, Director.
From the Canadian Institute of Child Health:
Ms Dawn Walker, Executive Director.
From the Conseil québécois sur le tabac et la santé:
Mr. Mario Bujold.
Individual presentation:
Mr. Marcel Côté.
From the Mouvement en faveur du fonds québécois pour la culture, le sport et la santé (FOCUSS):
Mr. Alain Poirier, Spokesperson.
The Chairman made a statement.
It was agreed that the committee would adjust its schedule to sit until all scheduled witnesses were heard.
Robert Parker made a statement and answered questions.
David E. Bonfilio made a statement and answered questions.
At 7:15 p.m., the committee suspended for dinner.
The committee resumed sitting at 7:45 p.m.
Dr. Roy Cameron made a statement.
Ms Lilianne Bertrand made a statement.
Ms Dawn Walker made a statement.
Mr. Mario Bujold made a statement.
The witnesses answered questions as a panel.
Mr. Marcel Coté made a statement.
Dr. Alain Poirier made a statement.
The witnesses answered questions as a panel.
The Chairman thanked the witnesses.
At 10:00 p.m., the committee adjourned to the call of the Chairman.
OTTAWA, Wednesday, May 13, 1998
(22)
[English]
The Standing Senate Committee on Social Affairs, Science and Technology met this day, in Room 160-S, Centre Block, at 3:50 p.m., the Chairman, the Honourable Lowell Murray, P.C. presiding.
Members of the committee present: The Honourable Senators Cohen, Butts, Cools, Ferretti Barth, Johnstone, Kenny, LeBreton, Murray, P.C., Nolin and Stollery (10).
Other senators present: The Honourable Senators Lavoie-Roux, Maheu and Spivak (3).
In attendance: From the Research Branch of the Library of Parliament: Jack Stilborn, Research Officer.
Also in attendance: The official reporters of the Senate.
Pursuant to the Order of Reference adopted by the Senate on April 2, 1998, the committee resumed its consideration of Bill S-13, An Act to incorporate and to establish an industry levy to provide for the Canadian Tobacco Industry Community Responsibility Foundation (for complete text of Order of Reference see proceedings of the committee, Issue No. 11, dated May 12, 1998 ).
WITNESSES:
From Statistics Canada:
Ms Lecily Hunter, Project Manager of the Survey on Smoking in Canada; and
Mr. Gary Catlin, Director of Health Statistics.
From the Canadian Cancer Society:
Mr. Rob Cunningham.
From the University of Alberta:
Professor Gerald Gall.
From the University of Ottawa:
Professor Joseph Magnet.
Individual presentation:
Mr. Michael Clegg, Q.C.
From Gowling, Strathy & Henderson:
Mr. Mark Siegel, Senior Tax Counsel.
Hon. Colin Kenny, Co-sponsor of the bill.
Hon. Pierre Claude Nolin, Co-sponsor of the bill.
The Chairman made a statement.
Lecily Hunter made a statement and was joined by Gary Catlin to answer questions.
Rob Cunningham made a statement.
Mr Cunningham deposited four documents with the Clerk of the Committee: Exhibit 5900 S2/S-13, 11 "5" -- excerpts from Smoke and Mirrors, the Canadian Tobacco War, by Rob Cunningham (bilingual); Exhibit 5900 S2/S-13, 11 "6" -- Environics Research Group data -- Results of Focus Canada Omnibus Questions (FC81); Exhibit 5900 S2/S-13, 11 "7" -- Canadian Cancer Society News Release: Two-Thirds of Canadians Support the Tobacco Industry Responsibility Act, Bill S- 13; and Exhibit 5900 S2/S-13, 11 "8" -- Quotations Relevant to Bill S-13 the Tobacco Industry Responsibility Act.
Professor Gerald Gall made a statement.
Professor Joseph Magnet made a statement.
Michael Clegg, Q.C., made a statement.
Mr. Clegg deposited his speaking notes with the Clerk of the Committee: Exhibit 5900 S2/S-13, 11 "9" -- Tax or Levy? -- Notes on Certain Westminster Bills.
Mark Siegel made a statement.
Witnesses answered questions as a panel.
The Chairman made a statement and deposited two items with the Clerk of the Committee: Exhibit 5900 S2/S-13, 11 "10" -- Letter from the Alliance for Sponsorship Freedom dated May 11, 1998; and Exhibit 5900 S2/S-13, 11 "11" -- Letter from the Ontario Flue-Cured Tobacco Growers' Marketing Board dated May 12, 1998.
The Honourable Senators Kenny and Nolin made a statement and answered questions.
The Honourable Senator Kenny deposited three documents with the Clerk of the Committee: Exhibit 5900 S2/S-13, 11 "12" -- Letter addressed to Mr. Max Beck, General Manager, Ontario Place, dated January 14, 1998; Exhibit 5900 S2/S-13, 11 "13" -- A message to all groups receiving tobacco sponsorships dated January 17, 1998; and Exhibit 5900 S2/S-13, 11 "14" -- Toronto Star newsclipping entitled `Don't bargain with tobacco companies' dated December 9, 1997.
At 6:45 p.m., the committee suspended for dinner.
At 7:20 p.m., the committee met in camera to discuss future business in relation to Bill S-13.
At 7:30 p.m., the committee resumed its public sitting.
The Honourable Senator Nolin moved that Bill S-13 be reported with amendments.
The question being put on the motion, it was agreed.
The Honourable Senator Kenny moved that clause 2 on page 1 be amended by replacing line 14 in the French version with the following:
"cants des produits du tabac. Y est assimilié son succes-".
After debate, the question being put on the motion, it was agreed.
The Honourable Senator Kenny moved that clause 11 be amended on page 5, by replacing line 27 with the following:
"tives of health groups and such other".
After debate, the question being put on the motion, it was agreed.
The Honourable Senator Kenny moved that clause 25 on pages 9 and 10 be amended:
(a) on page 9, by replacing lines 41 and 42 with the following:
"remuneration of directors and officers of the Foundation and"; and
(b) on page 10, by replacing line 27 with the following:
"two thirds of the members entitled to vote at that meeting".
The question being put on the motion, it was agreed.
The Honourable Senator Kenny moved that clause 30 on pages 11 and 12 be amended:
(a) on page 11, by replacing line 42 with the following:
"further its objects, but nothing in this subsection"; and
(b) on page 12, by replacing line 1 with the following:
"nothing in this subsection applies to other".
The question being put on the motion it was agreed.
The Honourable Senator Kenny moved that clause 41, on page 15, be amended by replacing line 37, in the English version, with the following:
"advisory panel;".
The question being but on the motion, it was agreed.
The Honourable Senator Kenny moved that clause 48, in the English version, be amended:
(a) on page 19, by replacing line 49 with the following:
"under Part II of this Act in the Founda-"; and
(b) on page 20,
(i) by replacing line 2 with the following:
"under Part II of this Act in the Founda-",
(ii) by replacing line 5 with the following:
"under Part II of this Act in the Founda-",
(iii) by replacing line 8 with the following:
"under Part II of this Act in the Founda-", and
(iv) by replacing line 11 with the following:
"Part II of this Act in the Foundation's fifth".
The question being put on the motion, it was agreed.
The Honourable Senator Kenny moved that clause 51, in the English version, be amended as follows:
(a) on page 21, by replacing line 48 with the following:
"under Part II of this Act in the Founda-"; and
(b) on page 22,
(i) by replacing line 2 with the following:
"Part II of this Act in the Foundation's sec-",
(ii) by replacing line 5 with the following:
"Part II of this Act in the Foundation's third",
(iii) by replacing line 8 with the following:
"Part II of this Act in the Foundation's", and
(iv) by replacing line 11 with the following:
"Part II of this Act in the Foundation's fifth".
After debate, the question being put on the motion, it was agreed.
It was agreed that all other clauses, the preamble and the title carry.
It was agreed that Bill S-13, as amended, carry.
It was agreed that Bill S-13, as amended, be reported to the Senate with comments appended to the report.
At 8:00 p.m., the committee adjourned to the call of the Chairman.
ATTEST:
Nadine S. Huggins
Acting Clerk of the Committee