THE STANDING SENATE COMMITTEE ON SOCIAL AFFAIRS, SCIENCE AND TECHNOLOGY
EVIDENCE
OTTAWA, Thursday, November 7, 2024
The Standing Senate Committee on Social Affairs, Science and Technology met with videoconference this day at 11:30 a.m. [ET] to elect an Acting Chair; and to study Bill C-252, An Act to amend the Food and Drugs Act (prohibition of food and beverage marketing directed at children).
[English]
Emily Barrette, Clerk of the Committee: As clerk of your committee, it is my duty to inform you of the unavoidable absence of the chair and deputy chair and to preside over the election of an acting chair. I am ready to receive a motion to that effect. Are there any nominations? Senator Dasko?
Senator Dasko: I would like to nominate Senator Petitclerc to assume the chair position for this meeting.
Ms. Barrette: Are there any other nominations? No. It is moved by the Honourable Senator Dasko that the Honourable Senator Petitclerc do take the chair of this committee. Is it your pleasure, honourable senators, to adopt the motion?
Hon. Senators: Yes.
Ms. Barrette: I declare the motion carried. I invite the Honourable Senator Petitclerc to take the chair.
[Translation]
Senator Chantal Petitclerc (Acting Chair) in the chair.
The Acting Chair: Good morning, colleagues. Welcome to this meeting of the Standing Senate Committee on Social Affairs, Science and Technology. It’s a great pleasure to be here this morning. My name is Chantal Petitclerc, I’m a senator from Quebec and I’ll be chairing the meeting.
Today we begin our study on Bill C-252, An Act to amend the Food and Drugs Act (prohibition of food and beverage marketing directed at children).
[English]
Before we begin, I would like first to do a round table and have the senators introduce themselves.
[Translation]
Senator Boudreau: Good morning. Victor Boudreau from New Brunswick.
Senator Dagenais: Jean-Guy Dagenais from Quebec.
Senator Cormier: René Cormier from New Brunswick.
[English]
Senator Bernard: Wanda Thomas Bernard from Mi’kmaq territory, Nova Scotia.
[Translation]
Senator Mégie: Marie-Françoise Mégie from Quebec.
[English]
Senator Dasko: Donna Dasko, senator from Ontario.
[Translation]
The Acting Chair: We have two witness panels today.
First, we have the privilege of having with us Patricia Lattanzio, Member of Parliament for the Saint-Léonard-Saint-Michel constituency and sponsor of this bill.
Thank you for being with us today, Ms. Lattanzio. We will begin with your statement, which will be followed by questions from committee members. You will have five minutes for your opening statement.
The floor is yours, Ms. Lattanzio.
Patricia Lattanzio, Member of Parliament for Saint-Léonard—Saint-Michel, sponsor of the bill: Good morning, Madam Acting Chair and honourable senators.
[English]
Dear senators, thank you very much for inviting me to present and answer questions regarding Bill C-252, An Act to amend the Food and Drugs Act (prohibition of food and beverage marketing directed at children). The aim of this bill is to restrict the advertising of food and beverages that contain high levels of sugar, sodium and saturated fat to children under the age of 13. This bill is critical, and, while we have long discussed its substance, the time has come for action to be taken in the form of legislation. Bill C-252 will help parents protect our children’s health and will help kids develop lifelong healthy eating habits.
Right now, the Canadian food and beverage industry spends around $1.1 billion annually on marketing of foods and beverages directly aimed at children. Upon examination of the ads produced, over 90% focus on ultra-processed foods, which tend to be very high in sugar, salt or saturated fat content and contribute to an unhealthy diet.
This is especially worrisome when we know the importance that diet and nutrition have regarding future outcomes and the creation of a healthy lifestyle. Indeed, having an unhealthy diet with an excessive consumption of sugar, sodium or saturated fat is a significant risk factor that can lead to all sorts of illnesses, from chronic conditions such as diabetes to cardiovascular diseases. We also know that our eating habits start forming at an early age — during childhood, in fact. This means that when we work on improving our children’s habits, we are seeding good habits that will help support their health for their entire lives.
Freedom of choice is absolutely important, but, while people are free to decide what kinds of food they eat, is it fair to say that choice is free when the food and beverage industry is spending over $1 billion annually on products aimed directly at children? That is why it is essential that we improve the power imbalance that currently exists and provide safeguards between children and the food and beverage industry in order to ensure that the power to influence our children is regulated. As a parent, I know how hard it is to get our kids to eat vegetables. I imagine how much harder that gets when over $1 billion of marketing money is put behind pushing ultra-processed foods directly to our kids.
Thankfully, the support of this bill has been remarkable and wide-ranging within the House of Commons and within health stakeholders. Many health advocates, such as the Heart and Stroke Foundation and the Canadian Cancer Society, are strong supporters of this bill and have been championing efforts to pass this kind of legislation for years.
At the same time, several international organizations have called for urgent and immediate action on this matter. In fact, almost 15 years ago, the World Health Organization, or WHO, published its first report calling for its member nations to act and restrict marketing of foods high in saturated fats, sugar or sodium to children, and they have, in the years since, continued in amplifying this call to action.
In the past few years, we have seen so many other countries that have answered this call, including Norway, Sweden, Chile, Mexico and Argentina. It is especially concerning when we see that the industry itself has recognized and acknowledged that a problem exists, with the creation in 2022 of a code and now has been recently administered by Ad Standards in 2023.
While this effort is laudable, it is very flawed. Although Ad Standards does work to hold the industry to certain standards, the truth remains, and the fact is that most of its board of directors is comprised of presidents and CEOs of organizations in the advertising industry, and the code is lenient; it is also not mandatory and therefore does not have force of law. The U.K. and Spain are also developing their own legislation after years of seeing the ineffectiveness of the industry’s self-regulation.
In Canada, there are no laws to ensure accountability of the industry. We must make sure that the action we take on this matter is squarely focused on children’s rights and their health and not on minimizing the inconvenience for industry. It is time for our country, Canada, to heed the calls of numerous health advocates right here in Canada as well as the global community. This measure is long overdue and will help parents and benefit kids. Let’s place the importance of our children’s health before the monetary interests of multimillion-dollar industries.
I thank you, and I am now ready and happy to answer all of your questions.
The Acting Chair: Thank you for those opening remarks. We will, indeed, proceed with questions from the members. For this panel, senators, we do have five minutes for questions and answers. Senators, you will indulge me with the first question. Then we will move to Senator Dasko, sponsor of the bill in the Senate.
[Translation]
Ms. Lattanzio, I’d like to hear more from you about advertising to children on radio and television. The code in place is a voluntary one. The committee is starting to study this bill. I know we’ll be hearing about it regularly. I’d like your opinion on that code’s strengths and weaknesses and its results so far.
[English]
Ms. Lattanzio: I’m not privy in terms of results that have resulted from the application of this code. As I mentioned in my opening remarks, it’s very recent. But I can tell you, in reading the code, that it is flawed. It is flawed for the reasons I mentioned: because it is lenient and not mandatory. It is completely voluntary, and I pointed out the members on the board of directors are players in the advertising industry.
I must mention that there are leniencies within this code that would not protect children, so it’s a code that is at large. It does not have any ramifications. There are no consequences except to say, “Pull down the ad.” The time has come where we need something that is a lot stronger and a lot more enforceable so that children under the age of 13 are protected in terms of diet.
The Acting Chair: Thank you.
Senator Dasko: Welcome, Ms. Lattanzio. You have done a lot of work on this bill. It’s really wonderful that it’s reached this stage, so thank you very much for all your work.
I want to add for the benefit of my committee colleagues that this policy initiative has a distinguished history in the Senate. There was a bill, Bill S-228, introduced by former senator Nancy Greene Raine, which started out here in 2016, I believe, then went over to the House of Commons, came back for amendments there and came back here. It died on the Order Paper in 2019. That’s one part of our history.
The other part is that this committee — and it’s mentioned in the preamble of the bill — did a special study on childhood obesity in 2016 and recommended that advertising of food and beverages to children be prohibited, so this committee has a distinguished history in this area. I thought committee members might benefit from knowing that.
I have a couple of questions. Health Canada has been working on regulations in this area for many years that will end the marketing of these kinds of foods to children under 13. Why do we need legislation in the context of there being regulations that have been developed? They have not been gazetted, but they have been developed. Why do we need legislation?
Ms. Lattanzio: Usually when we adopt a law, it has the force of it being executable. It has consequences. It makes it mandatory. Once this bill makes its way through this committee, through your chamber and receives Royal Assent, it will become law, and subsequent to that, regulations will be formulated after an extensive consultation process with all stakeholders, whether it be private interests, health organizations, or the advertising industry, so an extensive consultation will take place with everyone. The regulations will come subsequent to the enactment of this bill.
Senator Dasko: I guess I was trying to suggest that Health Canada has done tremendous work on this.
Ms. Lattanzio: Actually, it’s three times, to my recollection, that they have done consultations: in 2017, 2018 and 2023.
Senator Dasko: Yes, they have also developed a set of criteria that could go forward.
Ms. Lattanzio: Yes, and I think you’ll be hearing from Health Canada later today. They will suggest what ratios of sugar, salt and fat would be acceptable measures or percentages that the industry would have to abide by.
Senator Dasko: Your province, Quebec, decades ago, banned advertising of all products to children, so we already have an example of this policy initiative right here at home. Can you tell me how that has been working?
Ms. Lattanzio: The Consumer Protection Act enacted in 1978, so several decades old as you pointed out, has a very large aim in terms of the act: It comprises all advertising to children. What Bill C-252 does is specifically aim at the marketing of these specific foods that do not appear in the Consumer Protection Act. But let me preface by saying that there are certain types of advertising in Quebec because it encompasses all children in Quebec who view French television.
A study has been done: The rate of obesity is much lower than that of the anglophone children who are subjected to American channels, for example. The Consumer Protection Bureau has been very successful in terms of issuing fines when there has been a breach in the law. Because there is a law, there have been consequences. I can tell you about, for example, certain breaches that were made, but the aim of this bill is, of course, not just to be in one province. It would be a Canada-wide federal law, so all provinces within the country from coast to coast to coast would benefit from these protections for our children.
Senator Dasko: Thank you.
[Translation]
Senator Cormier: Welcome, Ms. Lattanzio, and congratulations on the work you are doing on this issue. We can’t help but think of our former colleague Senator Nancy Greene, who defended this issue with great interest.
We know that product marketing is a concept that encompasses many elements: advertising, design, packaging, product placement and derivative products.
In the title and preamble of the bill, marketing is mentioned, but the bill itself only mentions advertising. Why doesn’t the bill restrict other forms of marketing to children, as Chile did, for example, in 2016?
[English]
Ms. Lattanzio: Thank you for the great question. The preamble does speak in terms of marketing, but if you look further within the bill, it also speaks of advertising. It encompasses concepts of both publicity and advertising.
Now, different countries have adopted different means of legislation, but I think the goal is the same. The common goal here is to be able to tackle the persistent industries wanting to influence children’s choices. As I said in my speech, that is freedom of choice. It’s freedom of choice in terms of diet. Eliminating the constant pressure, advertising and attempts to influence children’s diets is where Bill C-252 will come into play and be able to play a significant and positive role.
[Translation]
Senator Cormier: What impact will this bill have on Canada’s National School Food Program, which your government has adopted? I was trying to see if it would have a direct impact. As I think about your bill, I can’t help but think about nutrition in schools and wonder how a bill like this could have an impact and influence Canada’s National School Food Program. What can you tell us about that?
Ms. Lattanzio: I think it will go hand in hand with and complement what already exists. The bill will only solidify this concept, which consists in ensuring that children have a healthy diet, not an unhealthy one.
The program itself, the one put forward by the government, is already a very important and positive step, and I can only tell you that the bill would be a complement, quite simply. It would be an advantage, and it would perhaps hammer home the message that healthy eating is what our government and Canadians are aiming for.
Senator Cormier: Since there will be a prohibition, how can we ensure that it will be complied with?
Ms. Lattanzio: A piece of legislation implies that there will be consequences. I’ll go back to the example of the Consumer Protection Act. When there are consequences, people are always more reluctant to act in a certain way. Without consequences, it becomes increasingly difficult. Consequences and enforceable legislation can, I hope, help the situation.
Senator Cormier: Then people will have no way of getting around it. I’m thinking of schools, where paper documentation can be circulated to promote a product. Very often, private companies are located near schools. Do you think there is a danger or not from that perspective?
Ms. Lattanzio: I think so. As soon as you have a piece of legislation and it’s enforceable…. You know, the Office de la protection du consommateur is there to ensure that the legislation on this subject is —
Senator Cormier: Does that involve inspectors?
Ms. Lattanzio: In Quebec, it is done through complaints. Action can be taken by proceeding in this way.
Senator Cormier: Thank you very much, Ms. Lattanzio.
Senator Mégie: Good morning, Ms. Lattanzio. I’m glad to see you in the Senate.
I was looking at the bill and the document on consumer protection. I found that there are sometimes mixed prohibitions. For example, it’s as if adults can receive advertising, but not children. A document from Quebec public health reads as follows:
[Translation] Once seen only in adults, more and more young people are being diagnosed with hypertension or type 1 diabetes.
Normally, they would have to be older to develop type 2 diabetes — and this is recent. Is the impact — Senator Cormier asked you this question — really evident? Public health officials are not saying that young people have been eating anything in particular. They are just saying that they are seeing more and more high blood pressure and more and more diabetes, which means that young people are eating worse and worse. We wonder where we could find the data or the criteria that would enable us to say that the legislation has worked.
Ms. Lattanzio: I am not a doctor; I am only a member of Parliament and a lawyer. However, I can tell you that this phenomenon seems to me to be multisectoral. If a child is diabetic, I imagine that various factors have led to that diagnosis, and not just diet. The diet still plays a role and contributes to the diagnosis.
Senator Mégie: We were looking at ages. The WHO was talking about advertising directed at anyone under the age of 18. Why will Bill C-252 apply to those under the age of 13?
Ms. Lattanzio: Thank you for the question.
Initially, Bill S-228 was aimed at a broader population. Bill C-252 was restricted because we took into consideration the fact that, until the age of 13, a child does not have the ability to understand or to make an informed judgment. That’s why I restricted its scope a little more; it was to really protect those children who may not have the required ability, judgment or understanding.
The bill also targets this other group of people aged 14 to 18. Over the next five years, we will be looking closely at this age group, and research will be carried out to see how the industry is behaving toward them. If the legislation comes into force — and I hope it will very soon — a mechanism will be put in place to see what the industry is doing to target the other group of people aged between 14 and 18. We’re giving ourselves a five-year mandate to oversee everything and get an idea of what’s happening.
Senator Mégie: Thank you.
I was thinking about disadvantaged youth. It’s not their fault; they don’t have access to good food — for example, expensive vegetables. Of course, they go for what’s easiest to get from a machine. Is there a way to help them? I don’t know if there’s anything in the legislation that could protect them, too. Is there?
Ms. Lattanzio: In a former life, I was a school board commissioner for 14 years. When I left that job and came here, vending machines were no longer in schools. They were completely banned and no longer existed. To answer you, I would like to agree with Senator Cormier and say that our government has put in place a national food program to ensure that children have healthy snacks and a healthy diet, not unhealthy food. This bill will ensure that schools or children in disadvantaged areas do not have to eat unhealthy food.
Senator Mégie: Thank you.
Senator Boudreau: Thank you for being here. I certainly appreciate the intent of the bill and congratulate you on this great initiative.
I’d like to come back to the issue of enforcement. A piece of legislation is only as good as its enforcement. In response to a question from my colleague Senator Cormier, you said that the enforcement of the legislation is based on complaints. Is that the only mechanism in place to enforce this legislation? If so, I get the impression that we may not get the results we’re hoping for. Can you tell us a bit more about how the system — or you — envision such legislation being enforced?
Ms. Lattanzio: If Health Canada’s criteria are not met, the product cannot be marketed. Do you understand? There’s already a barrier, and it’s only put in place if the legislation exists. If it doesn’t exist, you won’t have to take this first step. Once you’ve taken that step, all you have to do is lodge a complaint, as with any other piece of legislation. Someone accuses you of assault? If you do nothing, the legislation will not be enforced. If, on the other hand, you file a complaint with the police, it will be enforced.
Senator Boudreau: Will it apply only to advertising produced and broadcast in Canada? We watch a lot of American television. Will our legislation affect advertising on American television?
Ms. Lattanzio: It covers all advertising. Everything that goes through Canadian territory is covered by this bill.
Senator Boudreau: It has been mentioned that such a law has existed in Quebec since the early 1980s, and perhaps even earlier. I understand your argument that the scope is perhaps a little broader than what you’re suggesting here. However, something has existed in Quebec for 40 years now. Are young people in Quebec less obese than elsewhere in the country? Are there any statistics that indicate that the law has been successful?
Ms. Lattanzio: As I mentioned earlier, yes, we have those statistics. I know that some physicians have been invited to appear before you, and they will have specific statistics to share with you. You’ll then have the opportunity to hear the same answers I’ve been given. A lot of research has been done and the statistics are factual and reliable.
Senator Boudreau: Thank you.
[English]
Senator Bernard: Senator Mégie actually asked the two questions I wanted to ask today. One was about age and the other was about the link with poverty. The bill is silent on that. It’s not much of a choice for children and their parents when they don’t have access to more nutritious foods.
I would like you to say a bit more about that. I would also like to ask about advertising through social media. It’s beyond TV and access that kids have to TV. I would like you to say a bit more about that age issue because I’m not sure — with regard to the switch that you’re suggesting in terms of the research that will be done — if there are more controls that could be put in place for that older age group. I would have a lot of concerns about marketing shifting to that age group more aggressively, especially with social media.
Ms. Lattanzio: Exactly, and that’s why we’re giving ourselves the opportunity. Bill C-252 will basically give us an opportunity to tackle one age group that is very young, and, for the reasons I explained, children not making sound decisions, who lack that discernment, that sense of judgment. Therefore, we want to give ourselves the opportunity to look at the other age group of 13 to 18 and see how the industry will market to them, and come back — if we need to — at some point.
The initial bill was very large, and its scope was very large — up to the age of 18 — and amendments were discussed both in our chamber and the Senate back in the day. Members felt that it was too large and vast. Bill C-252 answers those worries or questions that were put forward and therefore splits it into two. It will give us an opportunity to see what happens.
If we’re able to stifle industries’ behaviour regarding children up to the age of 13, we’re hoping that the next cohort will also give us positive results. If they do not, then it will be an opportunity to come back and tackle this via regulations regarding that other segment of the age group.
Senator Bernard: Thank you.
Senator Burey: This is an area of great interest to me. I’m a pediatrician, so I see it in practice. I looked at the preamble. I’m going to continue with the social media aspect of it. First, looking at the preamble, it states that the marketing of food and beverages to children remains widespread despite voluntary measures. Second, it’s widely acknowledged that marketing to children has spread well beyond the traditional media of television and print.
I checked my research this morning from a study, which was done by the Department of Population Health at the New York University Grossman School of Medicine. It revealed significant unhealthy food and drink product placements on YouTube videos, but these were by child influencers. So, this is not a case in which the company just inserted it in. These are child influencers aged 3 to 14 where you have product placements. Analyzing over 400 videos from the top five kid influencers in 2019, researchers found 90% of food and drink items featured unhealthy brands — I won’t name any names — and were collectively viewed billions of times by young audiences. This raises the concern of product placement and child influencers.
Given these findings, what regulatory measures is Health Canada considering or implementing to monitor and restrict this promotion by child influencers? That’s the first question.
Ms. Lattanzio: I would start by answering that it’s a question of behaviour. It’s a behaviour that you would develop with the implementation of Bill C-252. Once you have this in place, and children are taught about or are not subjected to massive marketing of ultra-processed food, what happens is that a behaviour starts being created and instilled. We would hope that children would move away from that.
I would also tell you that most influencers are paid. Who pays the influencers? It’s the advertisers. There we go again; we’re back to the root of the problem. It is these influencers doing these infomercials and pushing a product using children. In Quebec, for example, there are products being put forward. I’ll give you the easy example of Lucky Charms. You have the brand name “Lucky Charms,” which is acceptable in Quebec, but you cannot have a Lucky Charms with a cartoon character because the child’s very young eyes will go to the sparkles and the cartoon character. Therefore, that’s what we want to limit. It again goes back to the advertisers. If there is an influencer, the influencer will make money or receive a free year of whichever product based on that. Again, behind the child is the advertiser.
Senator Burey: Will this bill put a stop to that? That’s what I’m asking.
Ms. Lattanzio: Well, that would be — as far as I’m concerned — advertising to children. These are foods concentrated with high levels of sugar, sodium and saturated fat. Those will be prohibited. If there are healthy foods — such as carrots, broccoli and so on — and there is a child in front of those healthy foods, then there is no issue.
Senator Burey: During this campaign — say the bill is passed — is Health Canada planning to engage in any raising of awareness among parents? I won’t go into details, but varied legislation is coming in. What about raising awareness about this problem?
Ms. Lattanzio: Thank you for that question. As I mentioned earlier, subsequent to the adoption of this law, Health Canada will be holding an extensive consultation process with all stakeholders, whether it be parents, advertisers, industry, children or health professionals. The extensive consultation will be held so that they will subsequently put in place regulations.
Senator Burey: Will you be raising awareness among these groups: parents, health care providers, schools, et cetera?
Ms. Lattanzio: This will be part of the consultation.
The Acting Chair: It’s a rare occasion in this committee, but today we have the luxury of a second round for those who have more questions for our witness.
[Translation]
Senator Cormier: It’s very interesting to try and grasp the impact the bill will have and determine how awareness will be raised. Everyone remembers the impact ParticipACTION had on sport with its major awareness campaigns. In considering this bill, is the government also considering the importance of having an awareness campaign against these products, but in favour of good products? In other words, with all the issues related to obesity and the consequences of junk food and malnutrition in Canada, is any thought being given to the idea of setting up an awareness campaign that, in particular, would help to ensure that the possible implementation of this legislation cannot be circumvented?
Ms. Lattanzio: Again, I think any initiative to ensure the health of our kids is good news.
I sincerely believe that this bill, if it becomes law, will give the government the impetus it needs to go even further and run this campaign, saying that in Canada, we’ve passed legislation to put an end to this marketing of unhealthy food to children, that the law exists and that we’re encouraging families and Canadians to adopt a healthier diet.
Senator Cormier: I understand that you can send that information to the House of Commons to ensure that there is an awareness campaign. I think it’s fundamental to having a true impact. To address the use of social media to circumvent laws, an awareness campaign would probably be very useful.
Thank you very much. I’ll stop there.
Senator Boudreau: I’d like to come back to the issue of advertising produced outside Canada. We’ve received an excerpt from the Heart and Stroke Foundation’s brief. Unfortunately, I only have the English version, but I’d like to quickly read a passage. It’s talking about the existing legislation in Quebec.
[English]
Although Quebec’s law illustrates that statutory advertising restrictions can have a positive impact, it is important to highlight that it does have some gaps. As this law was not designed to protect children from exposure to unhealthy food advertising, children are still exposed to unhealthy food advertising directed to adults on television. Notably, anglophone children in Quebec do not benefit from the same protection as their francophone counterparts because they consume more content originating from outside the province and are consequently more exposed to child-directed food advertising.
[Translation]
Just as this Quebec law may have a negative impact on English-speaking youth in Quebec, my fear would be that the French-speaking Canadian minority outside Quebec could be adversely affected. Once again, American television has a strong presence. In southeastern New Brunswick, but perhaps a little less so in the north, young people watch as much American as Canadian television. Do you think the bill you’re proposing closes this gap that currently exists in the Quebec law?
Ms. Lattanzio: That’s why I told you from the outset that the act we have is good and that we’re very proud in Quebec to have this inspiring act that’s been around for 40 years. This law serves as a model. With Bill C-252, I’d like to see this model be extended to the rest of the country, and not just for the benefit of children in Quebec and those who only watch French-language television. I’d like it to be available to everyone and that this protection include French-speaking children outside Quebec, English-speaking children living in Quebec and all English‑speaking children across the country from coast to coast to coast.
Senator Boudreau: Thank you.
[English]
Senator Bernard: I’ve been hesitant about asking this question, but I decided to be brave and bold and to ask it anyway. Picking up on Senator Cormier’s question around awareness raising and your response to his question, my question would be this: Is the government considering pairing this bill with a guaranteed livable income so that when we’re raising awareness with poor families across this country, are we also going to move to a space where we help them understand how the government is also working toward creating a guaranteed livable income so that they can, indeed, afford to do what is being asked of them in terms of provisions for their families?
Ms. Lattanzio: I thank you for your bold question, and I thank you for having had the courage to ask me that question. Unfortunately, I cannot speak on behalf of the government because, as you know, Bill C-252 is a private member’s bill, or PMB. So I stand here before all of you on my own shoulders with this bill.
Again, I just want to reiterate that any good idea put forward to protect children’s health and well-being is laudable and should be considered. Your proposition is probably worth exploring, maybe through another member’s PMB, but at this stage, this PMB just deals with the advertising and marketing of unhealthy foods that are high in saturated fat and sodium and sugar to children under the age of 13. So it is a private member’s bill.
Senator Dasko: In response to Senator Bernard, the government does support this bill. I think you may remember when Senator Gold spoke at second reading to the bill. We have officials coming, so they might know. You might ask this question if a third reading speech is given in our chamber. Your question about other initiatives that might go along with this is excellent. Let me add that this is a very bold step in and of itself, to ban advertising of these foods to children. This is bold and an initiative in public health which is substantial. That’s my aside.
Returning to the question of Quebec, as bold as this bill is, Quebec was, in fact, bolder decades ago. They took it further than this bill will. This bill is obviously laudable, but obviously Quebec banned advertising of all products and foods to children and, in fact, was subject to a challenge from a toy company who challenged the bill decades ago. The legitimacy of the Quebec legislation was upheld by the courts.
This bill prohibits just some foods. Was consideration given to taking it further, for example, to ban the advertising of all foods and beverages, not just those that are high in sodium, fat and sugar? Bold as it is, it’s not quite as bold as our Quebec brothers and sisters, who took this step many decades ago.
Ms. Lattanzio: First, I want to take two seconds of the committee’s time to thank Senator Dasko for co-sponsoring this bill. I forgot to do so before, so first things first.
With regard to Quebec’s law, it is general. This bill is specifically with respect to the foods that are high in sugar, sodium and saturated fat. As you will recall, a previous version of the bill, Bill S-228, was also large in its mandate and scope. Therefore, members in both chambers brought forward some questions or comments that could have attacked the main objective of the bill at the time.
By making it too wide and too general, sometimes you lose the essence of the scope in the aim of a bill. Therefore, countries across the world — those that I mentioned previously — as well as Health Canada have zeroed in on the problem in terms of the marketing. That is why the scope and the aim of the bill focused solely and squarely on high, elevated levels of sodium, sugar and saturated fat, because those are the culprits contributing to children’s unhealthy eating habits.
Senator Dasko: Thank you. That’s very helpful.
Senator Burey: This is a very quick question. In terms of the consultation process that will take place, did you include social media platforms in that?
Ms. Lattanzio: Everyone, and when I say “everyone,” I mean it will be a very extensive and at-large consultation that will take place.
Senator Burey: Thank you.
The Acting Chair: I have one small question, if I may. If we recall those who were there for Bill S-228, one of the things in Bill S-228 was the language was around the marketing of “unhealthy” food. I recall the industry was not comfortable with that language. Are you confident that moving from “unhealthy” to “low in sodium, fat and sugar,” which aligns with other initiatives if I’m correct, will be more acceptable to the industry?
Ms. Lattanzio: I would hope so because we’ve taken steps to make it more acceptable, although the objective here is not to make the industry feel comfortable. My main objective here is to protect children’s well-being and health. It is a consideration, and if it aligns industry in understanding that this mechanism needs to be put in place — and as I mentioned in my speech, I think the industry got it because it has proposed a code, but it is non-mandatory; it is voluntary. I wish to highlight and stress this. Do not be misled; the code is a voluntary one and not mandatory and will never have the force of law as a bill receiving Royal Assent would. Therefore, in consultation and deliberations, considerable thought has been put into the bill to encompass criteria that would support its main objective.
The Acting Chair: Thank you very much for this.
Colleagues, I see no other questions for our witness. I want to thank you for being with us today. This takes us to the end of the first panel.
[Translation]
Honourable senators, for our second panel, we welcome Dr. Joyce Boyce, Director General, Food and Nutrition Directorate, Health Products and Food Branch, Health Canada. She is accompanied by Dr. Alfred Aziz, Director, Bureau of Nutritional Sciences, Food and Nutrition Directorate, Health Products and Food Branch, Health Canada, as well as David K. Lee, Chief Regulatory Officer, Health Products and Food Branch, Health Canada. Welcome to our committee. Thank you for joining us today.
We will begin with opening remarks for five minutes, followed by many questions from committee members.
[English]
Joyce Boye, Director General, Food and Nutrition Directorate, Health Products and Food Branch, Health Canada: Good morning, Madam Chair and committee members. Thank you for the opportunity to speak today on this private member’s bill, Bill C-252, also known as the child health protection act.
The government recognizes the importance of nutrition in supporting children’s health. Healthy children are more likely to succeed in school, contribute positively to society and lead fulfilling lives. Unfortunately, national survey data show that children in Canada have diets high in sodium, sugars and saturated fat, also known as nutrients of public health concern.
Health Canada’s scientific review has found convincing relationships between increased intakes of these nutrients and health conditions such as high blood pressure, obesity, type 2 diabetes, dental decay and cardiovascular disease.
[Translation]
At the same time, we know that food advertising mainly promotes nutrient-rich foods like these.
Canadian studies have shown that more than 90% of the foods advertised on TV and on the websites favoured by children and teenagers are products that are detrimental to healthy eating.
Canadian and international research has shown that food advertising influences children’s attitudes, preferences, buying requests and consumption of food. It’s also difficult for parents to protect their children from these influences, despite their best efforts.
Food advertising is ubiquitous and sophisticated.
Children see and hear food advertising throughout the day, on a variety of media platforms, such as television, streaming services, social media and video games. It can also be found in a variety of settings, such as retail grocery stores, movie theatres and recreation centres, as well as on food packaging.
Children are the most vulnerable because they don’t yet have the cognitive capacity to recognize and understand the persuasive intentions behind food advertising.
The importance of this issue is also recognized internationally. The World Health Organization, or WHO, has called on member states to put in place policies to reduce the impact of advertising of foods high in sodium, sugar or saturated fat aimed at children.
Last year, the WHO published updated guidance on recommended policies to protect children from the harmful effects of food advertising. The WHO has also indicated that mandatory approaches, such as the one proposed in Bill C-252, are more effective than voluntary measures.
Other countries are implementing restrictions on food advertising aimed at children. These include Mexico, Chile, Argentina, the United Kingdom, Portugal and Spain.
[English]
Bill C-252 also aligns with the Standing Committee on Health’s May 2024 report Fostering Healthy Childhoods, which recommended that the Government of Canada implement restrictions on the marketing of unhealthy food to children. The bill would work in concert with other Health Canada initiatives under its Healthy Eating Strategy to improve the food environment in Canada. The department has completed several initiatives under this strategy, including updating Canada’s food guide, which provides a science-based foundation for healthy eating.
Restricting food advertising to children is the last pillar in this strategy, and Bill C-252 would support this goal.
Between April and June of 2023, the department consulted on a policy approach, informing the government’s intent to amend the Food and Drug Regulations to restrict food advertising to children. It outlined a proposed approach to restrict television and internet advertising to children under 13 years of age of foods that contribute to excess intake of sodium, sugars and saturated fat.
While existing authorities are available under the Food and Drugs Act to implement regulations, Bill C-252 provides clarity at the level of the act, includes a mandatory five-year review to monitor advertising changes to the 13-to-17-year-old population and provides the opportunity for Parliament to fully consider the issue.
To conclude, Bill C-252 addresses a pressing public health concern, and aligns with the government’s commitment to protecting the health and well-being of children in Canada. It is also a significant step forward on this important issue and complements ongoing work at Health Canada. I look forward to our discussion and to answering any questions you may have.
The Acting Chair: Thank you for those opening remarks. We will proceed to questions from our members. Senators have five minutes for questions and answers. We will begin with the sponsor of the bill in the Senate, Senator Dasko.
Senator Dasko: Thank you to all of you for being here today and for your work on this file over a very significant period of time.
I’ll start with two questions. The first one has to do with what the industry describes as their mandatory code. Industry officials have been specifically using the word “mandatory” and sometimes pushing back on the way we describe it as voluntary.
Could you describe exactly why their code is not mandatory? I assume they are saying it because all members of their association have to follow it, but then the entire world of advertisers is not part of their organization. Anyway, that’s one of the ways I see it, but I would like you to explain why their code is not mandatory. Thank you.
David K. Lee, Chief Regulatory Officer, Health Products and Food Branch, Health Canada: Thank you for the question. It’s an important question to explore. We commend industry for getting together and trying to create some rules for themselves regarding marketing to children, but it’s what we would think of as self-regulating. If, for example, one of their members advertised on a children’s show and it was in contravention of their code, a letter could be written, and there could be some persuasion around taking it down. But that must be contrasted with the fact that the food industry is already very highly regulated by laws. In the Food and Drugs Act, if you contravene, if you had the same scenario, for example, you would be in contravention. There could be prosecution, fines and penalties levelled and very clear, decisive action taken.
Senator Dasko: To clarify again, it’s not mandatory because they don’t have to belong to this organization. Is that correct?
Mr. Lee: In terms of the way the law would operate if this bill achieves presence in the Food and Drugs Act, it wouldn’t matter who the contravener is. If you contravene, the law applies to you.
In terms of the code, our understanding is that if a company is not a member but is infringing, they would still reach out. However, again, it’s reaching out; it’s not really an enforceable moment. We think of “mandatory” as applying to the effect of a law.
Senator Dasko: Right. So if they are not a member, they reach out. They don’t have any jurisdiction over —
Mr. Lee: That’s our understanding.
Senator Dasko: Okay. Thank you. Also, I wanted to clarify that under the bill, if this falls under the Food and Drugs Act, it also includes a number of activities that will take place, specifically not just a complaint process, but monitoring the advertising environment and sanctions. Even though it doesn’t use these words in this bill, will all of these processes be encompassed by including this under the Food and Drugs Act? Could you clarify whether the processes that are part of this are built-in, so to speak?
Ms. Boye: Thank you very much for the question. The compliance and enforcement will be a critical part of the regulatory package to support this bill if it moves through, as well as the initiatives that Health Canada has been working on.
There are a variety of ways that compliance and enforcement can be done. This includes risk-informed compliance monitoring and inspections. It’s about having a robust compliance framework. It also includes compliance promotion, education and awareness initiatives as well as monitoring to understand the landscape in order to inform subsequent actions. It could go all the way to prosecution if needed.
Senator Dasko: What types of potential sanctions are available under the act?
Mr. Lee: Potentially, there is a stream of them. There are summary offences and then there is by indictment. That can go up as high as $5 million per contravention — or more if it’s made in a reckless and wilful manner. So that gives discretion. It’s always the courts that assign the level of the offence, but the act sets out some considerable offences.
Senator Dasko: Thank you.
Senator Cormier: Thank you. My first question will be a follow-up to Senator Dasko’s. I will ask it in French.
[Translation]
As you can see, the concern is related to the enforcement and monitoring of the act and the evaluation of its implementation. What challenges will Health Canada have to face, or what specific measures will Health Canada have to put in place to ensure that the act is properly enforced?
[English]
Ms. Boye: What Health Canada will be doing, should this bill receive Royal Assent, is developing regulations to support this bill. Over the last several years, Health Canada has consulted on the policies around this. Just last year, we consulted on a policy around advertising to children, and we received a lot of responses as a result of that consultation. We are taking into consideration all of that feedback, which is being included in our reflections around what that regulation would look like.
Specifically, as part of the consultation, we looked at the criteria that will be used in regard to the regulation from a nutrient perspective. We also looked at the definition of “advertising,” because oftentimes for self-regulatory programs, the definition of “advertising” is a little bit hazy. It is also defining the category of food, so to speak, that will be included as part of the regulations and, at the same time, also being clear on what the compliance and enforcement mechanisms will be. So this is what we would consult on if this bill were to move to receive Royal Assent. It will be part of the consultations that we will do as part of Canada Gazette, Part I.
Senator Cormier: Can you share with us what you heard in the consultation that your department did?
Ms. Boye: We are currently reviewing that, and it will be part of the Regulatory Impact Analysis Statement, or RIAS, that will form part of the consultation that will be done, because it provides us the ability to review these questions and comments and provide responses to them.
Senator Cormier: You spoke about awareness. I’m a fan of awareness campaigns. It’s important to make sure that the population knows. So do you have any ideas or thoughts on this? Do you have any intention on putting forward an awareness campaign to make sure that this is respected?
Ms. Boye: With respect to awareness, we have the Healthy Eating Strategy that we have had in place since 2016, and as part of that Healthy Eating Strategy, we are monitoring the current landscape around advertising to children. As part of the food guide, we have food guide friendly initiatives, and we are doing a lot of awareness and promotion activities around that, all to support the landscape of making the healthier choice the easier choice for Canadians.
Senator Cormier: In that respect, does it work? When you look at the rate of obesity, does what you put forward work? I mean, is there something else we should do? That’s what I’m asking.
[Translation]
Alfred Aziz, Director, Bureau of Nutritional Sciences, Food and Nutrition Directorate, Health Products and Food Branch, Health Canada: It’s important to bear in mind that this type of chronic disease and the conditions are multifactorial, so there’s no magic solution to these issues. That’s why Health Canada has taken a multidimensional approach with the healthy eating strategy. Initiatives have been put forward that complement Bill C-252, such as labelling for products high in sugar, sodium or saturated fat. There’s also the food guide.
You asked about awareness campaigns. The food guide contains a specific recommendation that we should be aware of food advertising. In promoting the food guide, messages have been included that actually target this issue of food advertising. Our monitoring program for food advertising to children and teens will also provide us with data on how practices will change and how this will complement our education initiatives. No single measure will solve the whole problem. It’s going to take a lot of work, not just at the federal level. Everyone is responsible for promoting healthy eating.
Senator Cormier: Thank you.
Senator Boudreau: I’d like to thank the witnesses for being with us today.
I would like to come back to the question I asked the first panel in order to understand the implementation of such legislation. Let’s say the bill is passed and the legislation comes into force. How can we put parameters in place to ensure that kids under 13 don’t see ads that are harmful to them? Let’s say a 10-year-old at home is watching TV on an American channel. They’ll say the ad isn’t aimed at kids. However, kids will still see it. How can we determine that an advertisement is aimed at children? How can we reinforce that? That’s what I’m trying to understand better.
[English]
Ms. Boye: As part of the consultations we did on the policy, we considered exactly that question, defining “advertising” and “advertising targeted to children.” With respect to advertising targeted to children, if the platform the ad is on is targeted toward children, then the assumption is that ad is targeted toward children.
If the platform includes a general audience but that ad includes specific context, content, characters, characteristics, design, technology or techniques that are focused on children, that would help to determine if that ad is targeted toward children. So there are several factors that will be taken into consideration in narrowing down and being specific about whether an ad is specifically targeted toward children. It also looks at appeal to children. There are several factors that will be considered in that appeal.
Senator Boudreau: Would all those factors be spelled out in regulation, attached to the bill?
Mr. Lee: That is within this bill — it gives the permission for the Governor-in-Council to spell out those factors specifically — so yes. That will, as you say, be hard work but very precise work. It does enable that exercise.
[Translation]
Senator Boudreau: Amendments were made to the bill during the House of Commons committee stage. The ban was said to apply to food and beverage advertising. Now we’re talking about prescribed foods. Can you tell us what a prescribed food is versus food in general? What’s the difference?
[English]
Mr. Lee: It will be important to set the precise scope of the prohibition. One of the aspects we need to look at is potential categories of food. Predominantly, we will be focusing on prepackaged food as opposed to whole food. Certainly, this has to attach to a potential harm, so apples, carrots and so on are not really going to fall within the scope. We need the ability to be able to say, you know, is it prepackaged and maybe, you know, to be more particular than that. But that’s the kind of exercise we would go through.
Senator Boudreau: When we say “prescribed foods,” is it the foods that will be specified in the regulations?
Mr. Lee: Right, yes. There is a definition in the act of what “prescribed” is. It’s prescribed by regulation.
[Translation]
Senator Mégie: I have three interrelated questions, and your answers will probably answer all three.
How does the food content monitoring program work? What do you actually do? The industry continues to produce this food content. The bill prevents the advertising of these products, if I understand correctly, but they’re still produced and they’re still on the shelves. So how does that relate to oversight?
Then, when they drafted the industry code on advertising, was this done in collaboration with Health Canada or with other health professionals in the nutrition field?
[English]
Ms. Boye: With respect to the first question, the content of the food or the distinction between marketing and advertising, the regulations will focus on advertising, which is the focus of the Food and Drugs Act and, I believe, the focus of this bill. As part of the regulations, we will define the types of foods and the nutrient criteria that will apply to these types of foods. So in order to determine if a product is compliant, we will need to look at the composition of that food and whether that food exceeds the thresholds that we have prescribed in the regulations. If that food is being advertised in a manner that is targeted toward children, then it will fall under the required compliance and enforcement. There are several factors that will be considered in ensuring that the ads are not targeted toward children and that they are compliant with the regulations.
With respect to the second question on the code, the code was developed by industry and by specific industry stakeholders. It was not co-developed with Health Canada. It’s an industry code.
[Translation]
Senator Mégie: Ms. Lattanzio talked about the complaints that can be made that this ad is about this unhealthy food. Who can file a complaint and to which organization? Could it be a competitor who wants to do harm or the average person who thinks their child shouldn’t eat a particular food? Who can file a complaint, and to whom?
[English]
Ms. Boye: The Canadian Food Inspection Agency has responsibility for enforcement of food-related regulations, and as part of the efforts in developing regulations to restrict advertising to children, we are collaborating with the Canadian Food Inspection Agency on the mechanisms for compliance and enforcement, and that will provide the avenue for complaints to be made, as well as monitoring of the environment to ensure compliance, so it will be between Health Canada and the Canadian Food Inspection Agency. But we are also open to working with other entities like Ad Standards or any others that would be open to collaboration. I know that Ad Standards are currently working with industry on their code, so as part of the consultation, we’ll be open to looking at different mechanisms to support their compliance and enforcement work.
[Translation]
Senator Mégie: Thank you.
[English]
Senator Burey: Thank you so much for your presentation and for being here. I will go back to the question I asked the MP, the co-sponsor of this bill, about child influencers. Can you tell me what that would look like when you work out the regulations?
Ms. Boye: So the regulations, compliance and enforcement will apply to advertisers, and they would look at compensation for advertising. So, if a child influencer is receiving compensation for advertising the food, then they are an advertiser because they are receiving compensation for that. That is what will be considered, especially online and with social media channels.
Senator Burey: Would the enforcement be on the person paying the child influencer?
Mr. Lee: It’s likely that we would raise to the influencer the fact that there is a law and inform the situation, but typically, as has been said, you would want to focus on the instigator of the advertising.
Senator Burey: That is a very big issue that is happening. Thank you for sharing all of that and the definition of advertising and how important that is.
I wanted to raise the issue of awareness related to what Senator Cormier said, but I have this little question. It may be ridiculous, but I’ll throw it out anyway. So, for example, they are placing these packaged foods right beside a whole bunch of fruits and vegetables. Is it a percentage of advertising? Is it one strike and you’re out? What have you looked at? People get very devious in trying to insert things.
Ms. Boye: As part of the regulatory process, we will be consulting with industry and stakeholders in general on various aspects of the regulation. If this bill should receive Royal Assent — and we are developing regulations to support that — we’ll be looking at all of that.
As I mentioned, several avenues will be explored for compliance and enforcement, which includes working with appropriate stakeholders and industry to bring them into compliance. So, as we said, there will be compliance promotion, education and awareness, and a number of initiatives that will be considered to help support industry in complying with the regulations. At this point in time, it will be context-dependent, depending on the regulations and consultations that are implemented to support this.
Senator Burey: Thank you for that answer, but you’ll see fruits and vegetables amid the products that we don’t want advertised. Is it an all-or-nothing approach? Is this bill taking the stance that we do not want any advertising to kids, even if you have healthy fruits? You say you want to promote healthy foods.
Mr. Lee: The prohibition really would target the behaviour you don’t want.
Senator Burey: All right.
Mr. Lee: The moment you’re advertising one of the key ingredients at the level we set, that’s enough. If you have other things, that’s okay.
Senator Burey: Thank you very much.
The Acting Chair: I have a quick follow-up question. It will go by the level of salt, sugar and fat. I’m assuming that is coordinated with the whole strategy, with the front-of-label packaging, and that is data driven. How do we choose those levels? Is the system flexible enough? When the data changes, because it does in health and nutrition level, of sugars, level of salt and all of that, will it be flexible enough to adjust to possible future changes in the science?
Mr. Aziz: Thank you for the question, Madam Chair. To contextualize the answer, we know, as we mentioned earlier, that Canadian children are exceeding the recommended limits of saturated fat, sodium and sugars in their diet, and most of it is coming from highly processed food that Canada’s food guide recommends limiting. We consulted on what that means and what types of food will be subject to the prohibition, and we have determined that the food needs to meet two criteria. One, it contains added fat, added sodium or free sugars. Just for the sake of clarity, “free sugars” means added sugars and sugars naturally found in juices and syrups and honey, et cetera. They have to meet a specific threshold for the total amount of these nutrients. If they exceed that threshold, then they will be subject to the prohibition.
This has been developed so that when Canadian children consume food that exceeds this threshold, they will be more susceptible to exceeding the limits for the recommendation. So it is there to help protect them from exceeding those amounts of nutrients.
We are still in a consultation process — well, not currently, but when we consult on the regulatory proposal in the future, there will be opportunities as well to look at what the data said and what stakeholders will have to say on this, and there will be flexibility to adjust as appropriate if there is evidence to support that.
The Acting Chair: Thank you for this.
Senator Bernard: I’d like to follow up on that question about data and this being data-driven. Do we have disaggregated data? Is this all children or do we have this disaggregated data that would suggest that some children have higher access than others?
Mr. Aziz: To a certain degree, yes. We rely on national data. We usually divide the data by age and sex mostly. For example, we know that approximately 72% of children between the ages of 4 and 13 exceed sodium recommendations by consuming excessive sodium. That number is a bit lower for younger children of ages 1 to 4 — 50% of them exceed that amount. In terms of going into specific subpopulations, we will have to see if the data allows us to make those analyses and conclusions. I do not have the answer now, but I can follow up to see if we have this type of information.
Senator Bernard: It would be helpful to disaggregate that data regarding socio-economic status. I think that’s an important piece.
My second question is about your consultations with stakeholders. Several times, you mentioned consultations with stakeholders as you’re developing the regulations. Who is included in the stakeholder group?
Ms. Boye: As part of the Cabinet Directive on Regulation, consultation is a critical part of the regulatory process, and we engage with a vast variety of stakeholders across Canada. This includes industry health stakeholders and Canadian citizens. A broad consultation is done.
We have a list of stakeholders that we send information out to, and the public can weigh in on these consultations as well, so it’s very vast.
With respect to your question on the socio-economic status, the primary focus of Health Canada in the regulations we develop is to ensure that we are protecting all Canadians. That is taken into consideration in the regulations that are developed.
Senator Bernard: All Canadians, however, don’t have the same access depending on where they live, how much money they earn and so on. That’s why I believe that disaggregating the data in that way would be helpful.
Senator Boudreau: I’ve always been a believer in the idea that we don’t have to reinvent the wheel. We were told this morning that five countries currently have similar legislation. There are another two countries that are working on it; those are a work in progress. If this piece of legislation were to pass as is, has Health Canada compared it to what already exists in other countries? Would we be one of the best in that group of seven or eight countries? Would we be in the middle? Would we be at the bottom end? How would our legislation measure up compared to that of other countries that have moved in this direction?
Ms. Boye: Thank you very much for the question. The World Health Organization has provided guidance on restricting advertising targeted to children. They have provided guidance regarding the nutrient profile models to consider. Countries such as Chile, Argentina, Mexico, Portugal, the U.K., Spain, Sweden and others have considered the World Health Organization recommendations and implemented restrictions to food advertising in different ways.
In addition to the nutrient profile model and the scope of the regulations, it also involves the time and placement — when foods could be advertised on television, for example.
As part of the regulation development process, Health Canada will be consulting on this, and we have taken into consideration the work that is done across the globe on this. We look forward to the feedback we will receive during the Canada Gazette, Part I process, which will inform the final regulations.
Senator Boudreau: The way the bill is written now, it would focus on children below the age of 13, and then the idea is that in five years we would look at the 13-to-18-year-olds. I know that, for example, in the brief that we received from the United Nations International Children’s Emergency Fund, or UNICEF, they suggest that you should target 18-year-olds right away. Does Health Canada have an opinion on the age and whether what’s suggested in the bill is the right approach? Should we be more aggressive from the beginning?
Mr. Lee: Thank you. As you know, this has been a long conversation. In Bill S-228, there was a higher limit. The conversations at that time were centred around making sure also that the prohibition itself wasn’t over-broad. You were also getting adult advertising in the mix, and that goes to enforceability and other issues like that. It was thought, among other things, that when you go down to the level of those under the age of 13, you’re certainly able to discern that scope a lot more successfully. That was one consideration.
Also, at that time, it was decided to put the monitoring in place to come back to this committee and the House because there was a concern that it would now traffic over to that other age group. That was the control that was put into place to make sure that didn’t happen because we could keep an eye on it.
Senator Boudreau: Thank you.
Senator Dasko: Dr. Boye, you mentioned that the focus is going to be on television and internet advertising. That would be under the regulations; that is what you would specify. But there is advertising at the point of sale and other places in the world. Kids can see the advertising in grocery stores and all kinds of other places. Could you tell me how that fits in with the focus? Obviously, television and the internet are extremely important, especially the internet — as Senator Burey said — for children, but there are these other places with advertising. Are you going to move the regulations’ purview to include those? Is this a temporary measure to focus on these two areas — as important as they are, of course?
Ms. Boye: In all our consultations on the policy between 2016 and 2019, we consulted on a larger scope. In 2023, based on feedback we received, we decided to prioritize the consultations on TV and online, to which children are heavily exposed.
Children between the ages of 2 to 6 spend an average of 24 hours a week on TV and online. That’s a whole day per week. Children from the ages of 7 to 11 spend almost a day and a quarter — about 30 hours a week — on TV and online. During that time, based on studies that have recently been done, they’re heavily exposed to food advertising. They are exposed to about 5,800 ads in a year. Every week, that is about 112 ads. The focus of the policy consultations was on TV and online, where children are heavily exposed to advertising.
Mr. Aziz: This is still going to be part of the consultation as well. We may hear what stakeholders will have to say as part of the regulatory process. Importantly, as well, we’re monitoring settings that we are not proposing at this moment to regulate.
Our monitoring is very comprehensive. It targets settings and media that are not covered by the proposal. For that reason, it is important to see how the shift is going to happen and what trends we are going to see so we can complement with other measures, including education and awareness, as were raised earlier, and other kinds of intervention as well if needed.
Senator Dasko: The monitoring is key because you’re able to provide surveillance over other areas and determine where advertising might be moving or developing, and perhaps even spot new technologies that are out there.
Mr. Aziz: Absolutely.
Senator Dasko: I have a related question that has to do with sponsorship. I understand that the Quebec act does not prohibit sponsorship, such as sponsorship of hockey teams. These are very important for children. I understand that sponsorship is still possible. For example, if you’re a Tim Hortons, you can put a Tim Hortons sign up, but you can’t put up big pictures of sugary doughnuts and that sort of thing. If somebody could clarify the sponsorship piece, that would be helpful. Thank you.
Ms. Boye: With respect to the consultations we have done to date and the policy position, we are not targeting sponsorship as part of our regulations. Hopefully, that clarifies things.
Senator Dasko: Yes, of course. It’s important to know that because it is an important source of income for many team sports across the country. Thank you.
The Acting Chair: Colleagues, I see no other questions. Thank you to our witnesses. This was very helpful.
[Translation]
Thank you very much for being here. It’s very helpful as we begin our study of this bill. We will resume consideration of Bill C-252 on Wednesday, November 20, so thank you for being here and thank you for your questions, colleagues.
(The committee adjourned.)