Proceedings of the Standing Senate Committee on
Social Affairs, Science and Technology
Issue No. 27 - Minutes of Proceedings - June 21, 2017
OTTAWA, Wednesday, June 21, 2017
(63)
[English]
The Standing Senate Committee on Social Affairs, Science and Technology met this day at 4:15 p.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., Hartling, Mégie, Ogilvie, Patterson, Petitclerc, Seidman and Stewart Olsen (10).
In attendance: Sonya Norris, Analyst, Parliamentary Information and Research Servicers, Library of Parliament.
Also present: The official reporters of the Senate.
Pursuant to the order of reference adopted by the Senate on Monday, December 5, 2016, the committee continued its examination of Bill S-228, An Act to amend the Food and Drugs Act (prohibiting food and beverage marketing directed at children). (For complete text of the order of reference, see proceedings of the committee, Issue No. 25.)
WITNESSES:
Health Canada:
Dino Covone, Manager of Policy Development, Office of Legislative and Regulatory Affairs, Health Products and Food Branch;
Saskia Ramsay, Manager of Policy and Issues, Office of Nutrition Policy and Promotion Directorate;
David K. Lee, Executive Advisor to the Assistant Deputy Minister, Health Products and Food Branch.
The chair made a statement.
Mr. Covone, Ms. Ramsay and Mr. Lee each answered questions.
At 4:35 p.m., it was agreed to proceed to clause-by-clause consideration of Bill S-228, An Act to amend the Food and Drugs Act (prohibiting food and beverage marketing directed at children).
Mr. Covone, Ms. Ramsay and Mr. Lee were invited to remain at the table and answer questions.
It was agreed that the title stand postponed.
It was agreed that the preamble stand postponed.
It was agreed that clause 1, which contains the short title stand postponed.
The chair asked whether clause 2 shall carry.
The Honourable Senator Eggleton moved:
That Bill S-228 be amended in clause 2, on page 3, by replacing line 3 with the following:
"children means persons who are under 17 years of age;''.
After debate, the question being put on the motion in amendment, it was adopted.
It was agreed that clause 3 carry.
The chair asked whether clause 4 shall carry.
The Honourable Senator Eggleton moved:
That Bill S-228 be amended in clause 4,
(a) on page 3, by replacing lines 10 to 29 with the following:
"Advertising Directed at Children
7.1 Subject to the regulations, no person shall advertise unhealthy food in a manner that is directed primarily at children.
7.2 (1) Despite the Trade-marks Act, the registration of a trade-mark shall not be held invalid on the basis of paragraph 18(1)(b) or (c) of that Act as a result of compliance with this Act or any regulations made under it for the purposes of section 7.1.
(2) For greater certainty, the absence of use of a trade-mark as a result of compliance with this Act or any regulations made under it for the purposes of section 7.1 constitutes special circumstances that excuse the absence of use for the purposes of the Trade-marks Act.'';
(b) on page 4, by deleting lines 1 to 28; and
(c) on page 5, by deleting lines 1 to 12.
After debate, the question being put on the motion in amendment, it was adopted.
The chair asked whether clause 5 shall carry.
The Honourable Senator Seidman moved:
That Bill S-228 be amended in clause 5, on page 5, by replacing lines 15 to 37 with the following:
"(e.1) for the purposes of section 7.1,
(i) defining unhealthy food or setting out the criteria for determining whether a food is unhealthy, and
(ii) setting out the factors to be considered in determining whether unhealthy food is advertised in a manner that is primarily directed at children, including how, when and where an advertisement is communicated;''.
After debate, the question being put on the motion in amendment, it was adopted.
The chair asked whether clause 6 shall carry.
The Honourable Senator Seidman moved:
That Bill S-228 be amended in clause 6, on page 6, by replacing line 1 with the following:
"6 This Act comes into force on the second anniversary of the''.
After debate, the question being put on the motion in amendment, it was adopted.
It was agreed that clause 1, which contains the short tile carry.
The chair asked whether the preamble shall carry.
The Honourable Senator Seidman moved:
That Bill S-228 be amended in the preamble,
(a) on page 1, by replacing lines 26 and 27 with the following:
"obese into adulthood;''; and
(b) on page 2,
(i) by adding after line 6 the following:
"Whereas leading health organizations, including the World Health Organization and its regional offices such as the Pan American Health Organization, have developed evidence-based nutrient profiling models that serve as a basis for classifying food as unhealthy according to their nutritional composition for reasons related to preventing disease and promoting health;'',
(ii) by replacing line 22 with the following:
"Whereas the Senate Committee recommended,'', and
(iii) by adding after line 27 the following:
"And whereas it is widely acknowledged that marketing to children has spread well beyond the traditional media of television, radio and print to include online and other digital content and celebrity and character endorsement, and it is therefore critical that restrictions on marketing of food and beverages to children cover all potential marketing media in a broad and robust fashion in order to provide fulsome protection to young Canadians;''.
After debate, the question being put on the motion in amendment, it was adopted.
It was agreed that the title carry.
It was agreed that the bill, as amended, carry.
It was agreed that the chair report the bill, with amendments, to the Senate.
At 4:47 p.m., the committee adjourned to the call of the chair.
ATTEST:
Kevin Pittman
Acting Clerk of the Committee