Thank you, Mr. Chairman. The Standing Committee on Social Programs held public hearings on Bill 16, Tobacco Control Act, on December 5, 2005, in Yellowknife; on December 6th in Enterprise and Kakisa; and on December 7th in Fort Providence and Behchoko. The clause-by-clause review of the bill took place in Yellowknife over two meetings on January 31st and February 9, 2006. The committee would like to thank all of the people who spoke to the bill during our public meetings.
The committee heard strong support for Bill 16 from representatives of the Canadian Public Health Association, the NWT Medical Association and Tobacco Action Yellowknife, as well as several individuals who spoke on their own behalf.
Some witnesses suggested that the bill could go further, by extending the prohibition on smoking in public places to include the use of smokeless tobacco, and by raising the legal age to purchase tobacco products to 19.
The committee was impressed to learn that the band store in Kakisa has been keeping cigarettes under the counter for some time already on their own initiative. However, a few presenters in other communities had reservations about the prohibition on displaying tobacco products in
stores that minors can access, as they believed this was hiding the problem rather than dealing with it. One presenter suggested it would be better to limit the sale of tobacco products to smoke shops where minors would not be allowed entry at all.
Some witnesses and committee members questioned the government's ability to enforce the legislation effectively, given that many small communities only receive visits from an environmental health officer once or twice a year. For example, one witness told us she had noticed that every time she drove past a local bar, the ashtray was inching closer and closer to the door, despite the WCB requirements that it be three metres away. She suggested that the department might be able to use local officials to make enforcement less sporadic.
One issue of concern to the committee is the status of the designated smoking rooms that are currently permitted under the WCB's environmental tobacco smoke worksite regulations. While none of the witnesses spoke on this matter, the committee is aware that some businesses have recently gone to considerable expense to construct designated smoking rooms in reliance on the WCB regulations. From our discussions with the Minister, the committee understands that the regulatory powers in Bill 16 are broad enough to make an exception to the prohibition on smoking in public places in order to allow designated smoking rooms. The Minister assured the committee that in drafting the regulations, the "intent would be not to be more onerous at this point than the WCB."
The committee wishes to stress the importance of notice and communication to businesses that will be affected by this new act. In particular, the committee would urge the department to keep in mind that some remote communities are resupplied only once per year. Businesses in those communities will need sufficient time to acquire any equipment or supplies that might be needed to comply with the act, and perhaps to also adjust the quantity of tobacco products they bring in. The committee, therefore, expects that the act will not be in force for at least several months.
The Minister and committee agreed to four amendments to the bill during the clause-by-clause review. The first amendment removed the prohibition on selling tobacco products in establishments that sell liquor. The committee requested this change in response to concerns that some people might be more likely to drive while under the influence of alcohol to purchase cigarettes if they are not available in the bar.
Two further amendments to the bill make it an offence for young people to attempt to purchase tobacco products, with a maximum fine of $200 for a first offence and $500 for further offences. The committee requested these amendments in order to balance the heavy penalties for businesses and staff who, even inadvertently, sell tobacco to minors, by putting some responsibility on young people themselves to obey the law.
The final amendment removed a provision from the bill that protected the government from liability for damage to evidence seized under the act.
The committee also agreed to motions to amend the bill to increase the legal age to purchase tobacco products from 18 to 19. The Minister did not concur with these amendments because making the legal age higher than the federal legislation would curtail the opportunities for cross-enforcement with federal officials. This would result in additional enforcement costs of approximately $100,000 per year.
Bill 16 gave the committee an opportunity to talk generally with communities about whether they think attitudes towards smoking are changing. We were encouraged to hear that the culture does seem to be changing among adults, especially elders, however, we were concerned to learn that in some communities, children are still starting to smoke with their peers, especially on weekends when there is also drinking going on. Young people themselves told us that the way to address this is to have more recreational equipment and activities for youth. Other community members spoke about the importance of education, including initiatives like promoting smoke-free homes, and getting health care workers to visit people in their homes to explain the dangers of smoking, especially for people with low literacy who may not understand pamphlets and posters.
The committee realizes that Bill 16 is only one part of a much broader strategy, and would like to encourage the Minister and department in their efforts to combat tobacco use. We look forward to the results of the next school tobacco survey, and hope it will show that we are making progress.
Following the clause-by-clause review, a motion was carried to report Bill 16 as amended and reprinted, to the Assembly as ready for Committee of the Whole.
This concludes the committee's general comments on Bill 16. Individual committee members may have questions or comments as we proceed. Thank you, Mr. Chairman.