Proceedings of the Standing Senate Committee on
Social Affairs, Science and Technology
Issue No. 21 - Minutes of Proceedings - April 13, 2017
OTTAWA, Thursday, April 13, 2017
(48)
[English]
The Standing Senate Committee on Social Affairs, Science and Technology met this day at 10:32 a.m., in room 2, Victoria Building, the chair, the Honourable Kelvin Kenneth Ogilvie, presiding.
Members of the committee present: The Honourable Senators Cormier, Dean, Eggleton, P.C., Griffin, Hartling, MacDonald, McIntyre, McPhedran, Mockler, Neufeld, Ogilvie, Petitclerc, Seidman and Stewart Olsen (14).
In attendance: Sonya Norris and Marlisa Tiedmann, Analysts, Parliamentary Information and Research Services, Library of Parliament; Barbara Reynolds, Committees Directorate.
Also present: The official reporters of the Senate.
Pursuant to the order of reference adopted by the Senate on Thursday, March 9, 2017, the committee continued its examination 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. (For complete text of the order of reference, see proceedings of the committee, Issue No. 19.)
WITNESSES:
Health Canada:
Denis Choinière, Director, Tobacco Products Regulatory Office, Tobacco Control Directorate;
Anne-Marie LeBel, Counsel, Health Canada Legal Services;
Suzy McDonald, Director General, Tobacco Products Directorate.
The chair made a statement.
The officials were invited to the table, and answered questions from time to time.
It was agreed that the committee proceed to clause-by-clause 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.
At 11:27 a.m., the Honourable Senator MacDonald replaced the Honourable Senator Mockler as member of the committee.
It was agreed that the title stand postponed.
It was agreed that the clauses be considered in groups of 10.
It was agreed that clause 1 carry.
It was agreed that clause 2 carry.
The chair asked whether clause 3 shall carry.
The Honourable Senator Petitclerc moved:
That Bill S-5 be amended, in clause 3, on page 2, by replacing line 26 with the following:
"part of tobacco, including tobacco leaves. It includes papers, tubes and filters in-''.
After debate, the question being put on the motion in amendment, it was adopted.
It was agreed that clause 3, as amended, carry.
It was agreed that clauses 4 to 10 carry.
It was agreed that clauses 11 to 20 carry.
It was agreed that clauses 21 to 30 carry.
It was agreed that clauses 31 to 35 carry.
The chair asked whether clause 36 shall carry.
The Honourable Senator Petitclerc moved:
That Bill S-5 be amended, in clause 36, on page 22, by replacing line 16 with the following:
"30.5 Subject to the regulations, no manufacturer or retailer shall give or offer to''.
After debate, the question being put on the motion in amendment, it was adopted, on division.
The chair asked whether clause 36, as amended, shall carry.
The Honourable Senator Petitclerc moved:
That Bill S-5 be amended, in clause 36, on page 22, by replacing line 17 with the following:
"give
(a) a vaping product; or
(b) a thing that displays a vaping product-related brand element if
(i)the thing is associated with young persons,
(ii)there are reasonable grounds to believe that the thing could be appealing to young persons, or
(iii) the thing is associated with a way of life such as one that includes glamour, recreation, excitement, vitality, risk or daring.''.
After debate, the question being put on the motion in amendment, it was adopted.
The chair asked whether clause 36, as amended, shall carry.
The Honourable Senator Petitclerc moved:
That Bill S-5 be amended, in clause 36, on page 23, by adding after line 10 the following:
"30.701 No person shall promote a vaping product or a vaping product-related brand element by means of advertising done in a manner that is contrary to the regulations.''.
After debate, the question being put on the motion in amendment, it was adopted, on division.
The chair asked whether clause 36, as amended, shall carry.
It was agreed that clause 36, as amended carry, on division.
It was agreed that clause 37 carry.
The chair asked whether clause 38 shall carry.
The Honourable Senator Petitclerc moved:
That Bill S-5 be amended in clause 38, on page 24,
(a) by replacing line 20 with the following:
"30.43 (1) Subject to subsection (3) and the regulations, no person shall promote a vaping product, in-''; and
(b) by replacing line 25 with the following:
"(2) Subject to subsection (3) and the regulations, no person shall promote a vaping product, including''.
After debate, the question being put on the motion in amendment, it was adopted.
The chair asked whether clause 38, as amended, shall carry.
It was agreed that clause 38, as amended carry.
The chair asked whether clause 39 shall carry.
The Honourable Senator Petitclerc moved:
That Bill S-5 be amended in clause 39, on page 26, by replacing line 24 with the following:
"30.43 (1) Subject to subsection (3) and the regulations, no person shall promote a vaping product, in-''.
After debate, the question being put on the motion in amendment, it was adopted.
The chair asked whether clause 39, as amended, shall carry.
It was agreed that clause 39, as amended, carry.
The chair asked whether clause 40 shall carry.
The Honourable Senator Petitclerc moved:
That Bill S-5 be amended, in clause 40, on page 26, by replacing line 30 with the following:
"after section 30.701:''.
After debate, the question being put on the motion in amendment, it was adopted.
The chair asked whether clause 40, as amended, shall carry.
It was agreed that clause 40, as amended, carry.
It was agreed that clauses 41 to 43 carry.
The chair asked whether clause 44 shall carry.
The Honourable Senator Petitclerc moved:
That Bill S-5 be amended, in clause 44, on page 28, by adding after line 17 the following:
"(f.01) respecting exceptions to the prohibition under section 30.5;''.
After debate, the question being put on the motion in amendment, it was adopted.
The chair asked whether clause 44, as amended, shall carry.
The Honourable Senator Petitclerc moved:
That Bill S-5 be amended, in clause 44, on page 28, by adding after line 22 the following:
"(g.1) respecting, for the purposes of section 30.701, the advertising of vaping products and vaping product- related brand elements;''.
After debate, the question being put on the motion in amendment, it was adopted.
The chair asked whether clause 44, as amended, shall carry.
The Honourable Senator Petitclerc moved:
That Bill S-5 be amended, in clause 44, on page 29,
(a) by replacing line 3 with the following:
"(f.2) respecting exceptions to the prohibitions under subsections 30.43(1) and (2);
(f.3) respecting, for the purposes of section 30.45, the''; and
(b) by replacing lines 8 to 10, with the following:
"(6) Paragraph 33(f.2) of the Act is replaced by the following:
(f.2) respecting exceptions to the prohibitions under subsections 30.43(1) and (2) and, for the purposes of subsection''.
After debate, the question being put on the motion in amendment, it was adopted.
The chair asked whether clause 44, as amended, shall carry.
It was agreed that clause 44, as amended, carry.
It was agreed that clauses 45 to 50 carry.
It was agreed that clauses 51-60 carry.
The chair asked whether clause 61 shall carry.
The Honourable Senator Petitclerc moved:
That Bill S-5 be amended, in clause 61, on page 39, by replacing line 30 with the following:
"or (2), section 30.4 or 30.701 is guilty of an offence and liable on''.
After debate, the question being put on the motion in amendment, it was adopted.
The chair asked whether clause 61, as amended, shall carry.
It was agreed that clause 61, as amended, carry.
It was agreed that clause 62 carry.
The chair asked whether clause 63 shall carry.
The Honourable Senator Petitclerc moved:
That Bill S-5 be amended, in clause 63, on page 40, by replacing line 17 with the following:
"(2), 30.47(1) or (2) or 30.48(1) or (2) or section 30.701 or 30.71 is''.
After debate, the question being put on the motion in amendment, it was adopted.
The chair asked whether clause 63, as amended, shall carry.
It was agreed that clause 63, as amended, carry.
It was agreed that clauses 64 to 67 carry.
Before the chair asked whether clause 68 shall carry, the Honourable Senator Seidman moved:
That Bill S-5 be amended, on page 41, by adding after line 20 the following:
"67.1 The Act is amended by adding the following after section 60:
PART VII.1
Review of the Act
60.1 (1) The Minister must, two years after the day on which this section comes into force and every two years after that, undertake a review of the provisions and operation of this Act.
(2) The Minister must, no later than one year after the day on which the review is undertaken, cause a report on the review to be tabled in each House of Parliament.''.
After debate, the Honourable Senator Ogilvie moved:
That the motion in amendment be amended by replacing the words "two years'' with the words "three years''.
The question being put on the subamendment, it was adopted.
The question being put on the motion in amendment, as amended, it was adopted.
It was agreed that clause 67.1, as amended, carry.
The chair asked whether clause 68 shall carry.
The Honourable Senator Dean moved:
That Bill S-5, be amended on page 41, by adding after line 24 the following:
(3) Schedule 1 to the Act is amended by adding the following after item 1.1:
Column 1 Column 2 Column 3
1.2— menthol (CAS 89-78-1) Tobacco products
— l-menthol (CAS 2216-51-5)
— l-menthone (CAS 14073-97-3)
— menthol
— cloves
(4) Subsection (3) comes into force on January 1, 2018.
After debate, the Honourable Senator Eggleton, P.C., moved:
That the motion in amendment be amended by replacing the words "on January 1, 2018'' with the words "180 days after Royal Assent''.
The question being put on the subamendment, it was adopted.
The question being put on the motion in amendment, as amended, it was adopted.
It was agreed that clause 68, as amended, carry.
It was agreed that clause 69 carry.
It was agreed that clause 70 carry.
It was agreed that clauses 71 to 80 carry.
It was agreed that clauses 81 to 85 carry.
It was agreed that the schedules carry.
It was agreed that the title carry.
It was agreed that the bill, as amended, carry.
The committee discussed draft observations proposed by the Honourable Senators Seidman, Eggleton, P.C., and Petitclerc.
After debate, it was agreed that the draft observations be adopted and appended to the report.
The Honourable Senator Eggleton, P.C., moved that the Subcommittee on Agenda and Procedure be empowered to approve the final version of the observations being appended to the report, taking into consideration today's discussion and with any necessary editorial, grammatical and translation changes as required.
The question being put on the motion, it was adopted.
The Honourable Senator Eggleton, P.C., moved that any necessary consequential changes be made to the numbering of provisions and cross-references as the result of the amendments to the bill, as required.
The question being put on the motion, it was adopted.
It was agreed that the chair report the bill, with amendments and observations, to the Senate.
At 12:02 p.m., the committee adjourned to the call of the chair.
ATTEST:
Shaila Anwar
Clerk of the Committee