This is page numbers 5877 - 5944 of the Hansard for the 18th Assembly, 3rd Session. The original version can be accessed on the Legislative Assembly's website or by contacting the Legislative Assembly Library. The word of the day was report.

Topics

Motion to have Committee Report 22-18(3) moved to Committee of the Whole for Further Consideration, Carried
Reports Of Standing And Special Committees

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The Speaker Jackson Lafferty

Masi. The Member is seeking unanimous consent to waive Rule 100(4) and have the Committee Report 22-18(3) moved to Committee of the Whole for further consideration later on today. Are there any nays? There are no nays. Committee Report 22-18(3) is now moved to Committee of the Whole for further consideration later today.

Reports of standing and special committees. Member for Nahendeh.

Committee Report 24-18(3): Report on the Review of Bill 40: Smoking Control and Reduction Act and Bill 41: Tobacco and Vapour Products Control Act
Reports Of Standing And Special Committees

August 12th, 2019

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Shane Thompson Nahendeh

Thank you, Mr. Speaker. Your Standing Committee on Social Development is pleased to provide its report on the review of Bill 40: Smoking Control and Reduction Act and Bill 41: Tobacco and Paper Product Controls Act. Thank you, Mr. Speaker.

Committee Report 24-18(3): Report on the Review of Bill 40: Smoking Control and Reduction Act and Bill 41: Tobacco and Vapour Products Control Act
Reports Of Standing And Special Committees

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The Speaker Jackson Lafferty

Masi. Reports of standing and special committees. Member for Nahendeh.

Committee Report 24-18(3): Report on the Review of Bill 40: Smoking Control and Reduction Act and Bill 41: Tobacco and Vapour Products Control Act
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Shane Thompson Nahendeh

Thank you, Mr. Speaker.

INTRODUCTION

Bill 40: Smoking Control and Reduction Act and Bill 41: Tobacco and Vapour Products Control Act, sponsored by the Department of Health and Social Services, each received Second Reading in the Legislative Assembly on February 28, 2019. The bills were referred to the Standing Committee on Social Development, committee, for review, the results of which are reported below.

BACKGROUND

Bill 40: Smoking Control and Reduction Act

Bill 40 is intended to repeal and replace our existing Cannabis Smoking Control Act as well as replace certain provisions under the existing Tobacco Control Act.

In summary, Bill 40 proposed to:

  • create prohibitions and offences, including in respect of smoking in a public place and in a motor vehicle while another person who is a minor is present in the motor vehicle;
  • impose requirements in respect of the display of signs, including signs respecting the health risks associated with smoking;
  • provide for the enforcement of the bill and any regulations made under it;
  • authorize the making of regulations; and
  • consequentially amend the Cannabis Products Act.

Bill 41: Tobacco and Vapour Products Control Act

Bill 41 is intended to repeal and replace our existing Tobacco Control Act.

In summary, Bill 41 proposed to:

  • create prohibitions and offences, including in respect of the sale, supply, and display of tobacco products, vapour products, accessories, or prescribed substances or products;
  • impose requirements in respect of the display of signs respecting the legal age to purchase such products, accessories, or substances;
  • impose an automatic prohibition in respect of the sale or storage of such products, accessories, or substances in a place in which at least two sales offences have been committed within a five-year period, and imposes requirements in respect of the display of signs respecting the automatic prohibition in the place;
  • provide for the enforcement of the bill and any regulations made under it;
  • authorize the making of regulations; and
  • consequentially amend the Tobacco Tax Act.

Vapour products, sometimes referred to as e-cigarettes, vapes, vapour devices, or vaporizers, are battery-operated devices that heat and vaporize a liquid so that users may inhale, "vape," to imitate the smoking experience. The heated liquid, usually propylene or vegetable glycol based, can be combined with other ingredients and flavours, and vaping products can be available with or without nicotine.

Mr. Speaker, I would like to turn it over to the honourable Member for Deh Cho.

Committee Report 24-18(3): Report on the Review of Bill 40: Smoking Control and Reduction Act and Bill 41: Tobacco and Vapour Products Control Act
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The Speaker Jackson Lafferty

Masi. Member for Deh Cho.

Committee Report 24-18(3): Report on the Review of Bill 40: Smoking Control and Reduction Act and Bill 41: Tobacco and Vapour Products Control Act
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Michael Nadli Deh Cho

Mahsi, Mr. Speaker.

WHAT WE HEARD AND WHAT WE DID

Public Reviews of Bill 40 and Bill 41

To commence its reviews of Bill 40 and Bill 41, committee sent letters inviting input from various stakeholders and non-governmental organizations.

The committee held a public hearing on Bill 40 and Bill 41 in Yellowknife on May 28, 2019.

In addition to these meetings, committee received four written submissions from three separate parties. Copies of the written submissions are attached in Appendix C.

Bill 40: Smoking Control and Reduction Act

Prohibitions on Tobacco Use

Section 3 of Bill 40 prohibits smoking in a public place.

The Canadian Cancer Society flagged for committee that Bill 40 prohibits the use of smoking tobacco in public places only and does not prohibit the use of smokeless tobacco such as chewing tobacco and snuff. Action on Smoking and Health advised committee that smoking bans are a cornerstone for reducing the acceptability of smoking. Logically, the same argument could be made about the use of other forms of tobacco.

Committee agrees with the recommendation made by the Canadian Cancer Society that, in addition to banning the use of smoking tobacco in public places, Bill 40 should contain regulatory authority to ban any and all tobacco use in public areas.

For this reason, committee proposed the following motions, set out in Appendix A:

  • Motion 4, to allow the Minister, by regulation, to prohibit or restrict the use of any tobacco products in a public place; and
  • Motion 6 to provide the Minister with regulatory authority around the use of tobacco that mirrors similar provisions related to smoking, such as allowing the Minister to prescribe places where tobacco products may be restricted or prohibited.

The Northwest Territories and Nunavut Public Health Association indicated their support for the restrictions proposed in Bill 40 on the locations where people may smoke. The Canadian Cancer Society, however, encouraged committee to make the bill as restrictive as possible in terms of where tobacco products may be used.

Because children tend to model adult behaviours, the Canadian Cancer Society argued that the definition for "public place" under section 1 of Bill 40 should be amended so that tobacco use is prohibited in all public areas where children may converge, such as playgrounds, the grounds of athletic facilities like hockey rinks and baseball diamonds, and anywhere public events may be held. They also encouraged the Northwest Territories to follow the example set by the Yukon Territory, which has prohibited tobacco use on the grounds of post-secondary institutions. As an alternative to an outright statutory prohibition on the use of tobacco in public places, the Canadian Cancer Society suggested these locations be prescribed under regulations.

Although smoke may be invisible and odourless, it poses a real threat to public health. Smoke can linger in the air for up to five hours, putting those exposed to it at risk of lung cancer, chronic respiratory diseases, and reduced lung function. Committee shares presenters' concerns that the meaning of "public place" under Bill 40 is not expansive enough to protect the public from the harmful effects of tobacco and vaping. We agree that Bill 40 should be as restrictive as reasonable about where tobacco and vaping products can be used. Likewise, committee agrees that the inclination of children to model adult behaviours warrants additional safeguards.

For these reasons, committee proposed Motion 1, set out in Appendix A, to restrict the use of tobacco and vaping products in all public areas where children may ordinarily be present.

The Canadian Cancer Society further indicated it would like to see an expansion to the current "no smoking" buffer zones around entrances, windows, and air intakes to public buildings once drafting of the regulations are under way.

Recommendation 1

The Standing Committee on Social Development recommends that the Department of Health and Social Services explore whether the "no smoking" areas around buildings to be prescribed in new regulations should be expanded.

Thank you, Mr. Speaker. I now pass the reading of the following sections to my honourable colleague from the Mackenzie Delta. Mahsi.

Committee Report 24-18(3): Report on the Review of Bill 40: Smoking Control and Reduction Act and Bill 41: Tobacco and Vapour Products Control Act
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The Speaker Jackson Lafferty

Masi. Member for Mackenzie Delta.

Committee Report 24-18(3): Report on the Review of Bill 40: Smoking Control and Reduction Act and Bill 41: Tobacco and Vapour Products Control Act
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Frederick Blake Jr. Mackenzie Delta

Thank you, Mr. Speaker.

Implementation Report

The Canadian Cancer Society recommended that Bill 40 be amended to require the Minister to report on the implementation of the legislation every five years. Committee agrees there would be a benefit to the Minister periodically reporting on implementation of this legislation to ensure it is effective in controlling and reducing the use of tobacco and vaping products.

For this reason, committee proposed Motion 5, set out in Appendix A, to require the Minister to report on implementation of the Act three years after the section comes into force, and every five years thereafter.

Periodic Review

A provision in Alberta's Tobacco and Smoking Reduction Act requires the Minister to commence a review of the Act within five years after the section comes into force. The Canadian Cancer Society recommended Bill 40 be amended to require a legislative review at least every five years to ensure regular updates to the legislation and sustain the effectiveness of initiatives to reduce the harm caused by tobacco.

While the NWT's smoking and vaping rates are a cause of significant concern, committee believes that requiring periodic reviews of this legislation by the Minister or a committee of the Legislative Assembly would unnecessarily tie the hands of future Legislative Assemblies. Moreover, stakeholders advised committee that, with some changes, Bill 40 will put the NWT in a sound position to reduce and control the use of tobacco and vaping products.

Committee believes that periodic reporting on implementation of the Act would be significant to ensure the legislation is updated when necessary to safeguard residents, such as with the advent of new technology, pursuant to Motion 5, discussed above.

Bill 41: Tobacco and Vapour Products Control Act

Comparative Health Effects

The smoking rates in the NWT are alarming, with our smoking rate among those 15 years and older being the second-highest in the country. A reported 33-34 percent of the NWT's population 15 years and older smoked daily or occasionally as of 2014, whereas only 13 percent of the Canadian population 15 years and older smoked in 2015. While there has been a slight increase in the NWT's smoking rate since 2003, the national rate has decreased significantly over the same period, down from 23 per cent to 16 per cent.

Preliminary evidence of vaping activity in the Northwest Territories indicates that our highest number of e-cigarette consumers are between the ages of 15-24, at 33 percent. Committee heard that curiosity is the leading reason for people using e-cigarettes at 50 per cent, with 22 percent using e-cigarettes because they are viewed as less harmful than cigarettes, 21 percent using them to help quit smoking, 21 percent because they can vape where they are not permitted to smoke, and 20 percent because they like the flavour.

While the information presented to the committee on the NWT's smoking and vaping rates was consistently alarming, the information presented on the comparative health effects of smoking compared with vaping was mixed, if not conflicting. JUUL Labs told committee that vaping devices should be viewed as smoking cessation, or "harm reduction," tools. The company argued that the restrictions on the advertising and promotion of vaping products and accessories under Bill 41 should be loosened to combat the harms of tobacco smoke by helping smokers make the switch to vaping.

JUUL Labs' view of vapour products as a harm reduction and smoking cessation aid was in stark contrast to the views presented by several other witnesses. First, committee heard that the evidence supporting the use of nicotine-containing vaping devices for smoking cessation is reportedly unknown.

While research may show that e-cigarettes are useful in quit attempts, other research shows that smokers are unsatisfied with the new devices and return to smoking cigarettes, or they maintain dual use between the two products, which is of little benefit in reducing health risks.

Second, committee heard that the long-term health effects of exposure to the chemicals used for vaping are unknown, specifically the effect of the particulate emissions and carcinogens (notably 1,3-butadiene in nicotine) and the toxicity produced from heating the substances. As such, with limited research, the comparative toxicity between tobacco products like cigarettes and nicotine-containing vaping products is unknown.

Third, committee heard that the use of e-cigarettes is associated with an increased risk of heart attack and that dual use of conventional cigarettes and e-cigarettes is associated with a compounded risk of heart attack.

Fourth, ASH told us there is emerging evidence that youth vaping may be leading to higher youth smoking rates in Canada. The Minister of Health and Social Services advised committee that a single pod used in a vaping device can expose the user to the same amount of highly addictive nicotine as an entire pack of cigarettes.

In light of the high smoking rates in the NWT, committee considered at length the possible merit of treating vaping products with nicotine as a potentially less harmful alternative to conventional cigarettes under Bill 41. On the balance, while committee found the evidence on the benefits of vaping as a harm reduction tool to be inconclusive, growing, and shifting rapidly, the evidence about the potential harms of vaping to public health is persuasive. We believe strict controls about both tobacco and vaping products, as found in Bill 41, are necessary to protect the residents of the Northwest Territories.

Mr. Speaker, I will now turn it over to the honourable Member for Tu Nedhe-Wiilideh. Thank you.

Committee Report 24-18(3): Report on the Review of Bill 40: Smoking Control and Reduction Act and Bill 41: Tobacco and Vapour Products Control Act
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The Speaker Jackson Lafferty

Masi. Member for Tu Nedhe-Wiilideh.

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Tom Beaulieu Tu Nedhe-Wiilideh

Thank you, Mr. Speaker.

Minimum Age for Purchase, Sale, and Supply

The topic in Bill 41 that appeared to be of most interest to stakeholders was the minimum age for the purchase, sale, or supply of tobacco and vaping products. Sections 1 and 4 of Bill 41 establish the minimum age at 19 years with respect to tobacco and vapour products and accessories. This is up from the current Tobacco Control Act's minimum age of 18 years. The Minister of Health and Social Services informed committee that the intention in raising the minimum age from 18 to 19 is to reduce youth uptake and be consistent with the minimum age for the purchase, sale, and supply of other regulated substances in the NWT, namely cannabis and alcohol.

Research indicates that most smokers have already begun smoking by the age of 19. As such, several stakeholders argued that a legal age of 19 does not go far enough to reduce youth access to harmful products.

Raising the age to 21 for tobacco and vaping products, the Canadian Cancer Society submits, would achieve several things. First, it would delay the age when young people first try or begin using tobacco or vaping, which can reduce the risk that they become regular users and, if they do become regular users, increase their chances of quitting successfully. For example, a 2015 report in the U.S. concluded that increasing the minimum tobacco sales age to 21 would reduce smoking by 25 percent among 15-17-year-olds, and 15 percent among 18-19-year-olds. Further, in places where the minimum age for purchases and sales was raised to 21, teenagers are reportedly less likely to experiment with cannabis.

Second, raising the age to 21 would reduce access. The societal influences that lead youth and adolescents to start using nicotine-containing products are unknown. As youth obtain most of their tobacco and vaping products through retail and social sources, raising the minimum age to 21 would prevent high school students from buying products for their peers and would make it more difficult for underage smokers to gain access to these products.

Third, the Canadian Cancer Society says the NWT has an opportunity to heed experiences elsewhere, including momentum in the United States towards raising the minimum age from 18 to 21. In the town of Needham, Massachusetts, for example, the results of raising the minimum age to 21 were an immediate, significant drop in current and frequent use of cigarettes among youth. Following full enforcement of the 21-years law, the percentage decline in youth smoking in Needham was nearly triple that of its neighbours.

Fourth, a minimum age of 21 would reduce disease and death. According to a 2015 report, if the minimum age were increased to 21 in the United States, tobacco use would decrease by 12 percent by the time today's teenagers were adults, smoking-related deaths would decrease by 10 percent, and 50,000 fewer people would die of lung cancer in that country.

Fifth, the Canadian Cancer Society is not persuaded by the Minister's rationale that 19 corresponds with the minimum age for alcohol and cannabis. The Canadian Cancer Society argues that tobacco should be treated differently than alcohol and cannabis, and Bill 41 should contain broader safeguards and impose stronger intervention than the NWT's liquor and cannabis legislation for several reasons:

  • The objective is to pursue a tobacco-free society, but alcohol and cannabis are here to stay;
  • The magnitude of the population-wide health damage from tobacco is much greater than for cannabis;
  • Nicotine addiction is far more likely and much more severe, though cannabis can lead to dependence; and
  • Unlike for cannabis, there is support from both commercial and public health interests for a minimum age of 21, including from JUUL Labs, which confirmed their support for 21 in a follow-up submission to committee.

Alternatively, the Canadian Cancer Society recommended Bill 41 provide for regulatory authority to prescribe a minimum age higher than 19, a step taken by British Columbia.

While committee recognizes the strong arguments in favour of raising the minimum age for the purchase, sale, and supply of tobacco and vaping products and accessories in Bill 41 from 19 to 21, committee agrees it makes sense to harmonize the legal ages for the purchase, sale, and supply of tobacco and vaping products with that for cannabis and alcohol. Unless or until the people of the NWT wish to debate whether the minimum age should be raised with respect to all of these substances, committee supports the minimum age of 19 years set out in Bill 41. Committee believes a minimum age of 19 is appropriate in the context of Bill 40, as well. Bill 40 refers to minors for the purpose of prohibiting smoking in a motor vehicle when a person under the age of 19 is present.

Recommendation 2

The Standing Committee on Social Development recommends that the Department of Health and Social Services and the Department of Finance explore the merits of raising the minimum age for the purchase, sale and supply of liquor, tobacco, cannabis, vaping products and accessories from 19 to 21.

Thank you, Mr. Speaker. I will now hand this reading over to the honourable Member for Yellowknife Centre.

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The Speaker Jackson Lafferty

Member for Yellowknife Centre.

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Julie Green Yellowknife Centre

Thank you, Mr. Speaker.

Promotion, Advertising and Packaging

Point-of-Sale Advertising

Section 10 of Bill 41 prohibits several forms of advertising of tobacco and vapour products, including a form of in-store sales promotion found near, on, or next to a checkout counter as a mechanism to influence a consumer's buying decision, commonly known as "point-of-sale" advertising.

JUUL Labs argued that Bill 41 should be amended to be less restrictive of the promotion and display of vapour products, both in the retail and non-retail context, so that smokers are aware of their products and more likely to switch to vaping. The company offered the following for committee's consideration:

  • Point-of-sale advertising gets adult smokers to switch to vaping, so a total prohibition on this form of advertising for vaping products would work contrary to the NWT's objective to reduce adult smoking;
  • Prohibiting point-of-sale advertising for vaping products could allow counterfeit products using youth-targeted flavours and prohibited nicotine content to proliferate rapidly; and
  • Bill 41 is more restrictive than most other Canadian jurisdictions with respect to advertising.

All other witnesses who testified supported the preventative approach toward advertising set out in Bill 41. Committee heard concern that the open promotion of vaping products, including lifestyle marketing and the use of claims such as that vaping offers a healthier alternative to smoking, would open the door to the renormalization of smoking and undermine hard-earned tobacco control efforts. ASH informed committee that five of six Canadians support restrictions on vaping promotion. The Canadian Cancer Society advised that almost all jurisdictions in Canada regulate promotional displays for vaping, and that Alberta and Saskatchewan are currently taking steps to do so, as well.

On the balance, committee was not persuaded by the arguments offered by JUUL Labs in favour of loosening restrictions on point-of-sale advertising for vaping products. The presentation by the Canadian Cancer Society convinced committee that advertising and marketing campaigns related to vaping can be ubiquitous, are often youth-oriented, and fail to speak to the health effects of these products. Committee supports the restrictions proposed in Bill 41 around advertising vaping products.

Youth-Oriented Advertising

Committee learned that an alarming number of youth are vaping in Canada, with a reported 23 percent of students in Grades 7-12 having tried an e-cigarette. JUUL Labs acknowledged that exposure to ads is associated with greater odds of use of e-cigarettes in youth. Stakeholders cautioned committee that vaping promotion that is not specifically banned is essentially allowed and may be exploited. It is believed that clever marketing may be contributing to increased use of youth vaping.

Committee was persuaded by the presentations about the savvy marketing practices by vaping companies and agrees youth in the NWT must be safeguarded from similar advertising and marketing efforts. Committee supports the restrictions on the promotion and advertising of vaping products proposed in Bill 41.

Bulk Discounts

The Canadian Cancer Society recommended Bill 41 be amended to prohibit tobacco and vaping products from being sold at a reduced price based on the quantity sold. This would prevent the sale of more than one package together at a reduced price (e.g. "duo-packs") compared with two packages being sold separately, or other similar discounts, which encourage higher consumption and undermine consumption taxes.

Committee agrees with the Canadian Cancer Society that Bill 41 should be amended to prohibit the sale of tobacco and vaping products at a reduced price based on the quantity sold, so as not to encourage higher consumption. For this reason, committee proposed Motion 4, set out in Appendix B.

Restrictions on carrying fluid

NTNUPHA recommended that Bill 41 be amended to create restrictions on the carrying fluid used in vaping devices, due to uncertainty about the toxicity produced from heating the substances used for vaping.

Committee has been informed that vaping devices, vaping liquids and their containers are subject to the Canada Consumer Product Safety Act (CCPSA), and that Health Canada intends to introduce regulations under that Act to address health or safety risks posed by these products. Until then, the Consumer Chemicals and Containers Regulations is applied to address these risks. Committee is satisfied with these protections for the time being.

Flavoured Products

Committee learned that federal legislation now bans flavours in cigarettes, most cigars as well as blunt wraps, and that several provinces have legislation controlling flavoured tobacco products. To date, no province or territory has altogether restricted flavours in vaping products, though a few provinces have regulatory authority to restrict flavours in these products.

There is no question that flavoured products make consumption of otherwise unpalatable items more palatable and easier to consume, especially for youth. Once upon a time, one out of three teenage smokers smoked menthol cigarettes. For this reason, the Government of Canada banned the sale of menthol cigarettes in 2017. JUUL Labs argued that flavoured vaping products should be viewed as beneficial, however, because behavioural data shows that adult smokers are almost twice as likely to switch to vaping products if they are flavoured.

Committee agrees with the presenters who stated that tobacco use and vaping should not be a pleasant experience for new users. At the same time, however, we recognize that tobacco is viewed as natural by many residents in the NWT and as enhancing their quality of life, especially among elders. Committee felt a balance should be struck to discourage new users from developing a taste for these harmful products, while recognizing that certain exemptions, specifically for flavoured smokeless tobacco, may be appropriate.

For these reasons, committee proposed Motions 1, 3 and 6, set out in Appendix B, to prohibit the sale of flavoured tobacco products, except those exempted by regulation, and the sale of prescribed flavoured vaping products.

Implementation Report

The Canadian Cancer Society recommended that Bill 41 be amended to require the Minister to report every five years on the implementation of the legislation. A couple tobacco control statutes elsewhere require periodic implementation reports by the Minster responsible or a Chief Medical Health Officer.

Committee agrees there would be a benefit to the Minister periodically reporting on implementation of this legislation to ensure it is effective in controlling tobacco and vaping products. To that end, committee proposed Motion 5, set out in Appendix B, to require the Minister to report on implementation of the Act three years after the section comes into force, and every five years thereafter.

I would now like to turn the reading of this report back to the Honourable Member for Nahendeh.

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The Speaker Jackson Lafferty

Masi. Member for Nahendeh.

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Shane Thompson Nahendeh

Thank you, Mr. Speaker.

Periodic Review

A provision in Alberta's Tobacco and Smoking Reduction Act requires the Minister to commence a review of the Act within five years after the section comes into force. The Canadian Cancer Society recommended that Bill 41 be amended to require a review of the legislation at least every five years to ensure regular updates and to sustain the effectiveness of initiatives for reducing the harm caused by tobacco.

While the proliferation of vaping products and the high rates of tobacco use and vaping in the NWT are a cause for significant concern, committee believes that requiring periodic reviews of this legislation would unnecessarily tie the hands of future legislators. If Bill 41 were amended as per Motion 5, discussed below, committee believes the NWT would be in a strong position to effectively monitor and control tobacco and vaping products.

Other Issues

The Government of the Northwest Territories (GNWT) can do more than develop legislation to reduce and control the use of tobacco and vaping in the territory.

Committee would like to see the GNWT do a better job of facilitating smokers' access to prescription products that will help them quit smoking.

Recommendation 3

The Standing Committee on Social Development recommends that the Department of Health and Social Services ensure the territory's drug plan reflects the importance of smoking cessation aids, including that the plan provides smokers with access to these tools on a timely, as-needed basis.

The GNWT should work harder to educate and raise awareness among the public to discourage tobacco use and vaping and ensure they have the information they need to make informed decisions. If the GNWT's previous awareness campaign "Don't Be a Butthead!" had the positive impact, and the Committee believed it did, the committee would like to see the GNWT renew its public education and awareness efforts, targeting communities with the highest smoking rates as well as youth who may be prone to experiment with vaping.

Recommendation 4

The Standing Committee on Social Development recommends that the Department of Health and Social Services renew its efforts towards public education and awareness to discourage smoking, vaping and other tobacco use among residents, especially youth and in communities where usage is highest, and to ensure they have the information they need to make informed decisions.

CLAUSE-BY-CLAUSE REVIEWS OF BILLS

The clause-by-clause reviews of Bill 40 and Bill 41 were held on August 6, 2019. At these reviews, the Committee moved the motions attached in Appendix A relating to Bill 40 and the motions attached in Appendix B relating to Bill 41.

Committee thanks the Minister for his concurrence with the motions to amend Bill 40 and Bill 41 that were moved during the clause-by-clause reviews.

Following the clause-by-clause reviews, motions were carried to report Bill 40 and Bill 41, both as amended and reprinted, as ready for consideration in Committee of the Whole.

CONCLUSION

Almost every party who made a submission or provided testimony on Bill 40 and Bill 41 encouraged Committee to err on the side of caution, health and wellness and strive for legislation with long-term protections for the residents of the NWT. As recently noted by Health Canada, the recent introduction of vaping products with the high nicotine content and the significant increase in youth experimentation and uptake of these products are threatening hard‐earned gains in the control of harmful products like tobacco.

For these reasons, committee has made the recommendations and proposed the motions outlined in this report. We believe these recommendations and motions, if implemented, will bring the NWT that much closer to creating an environment where tobacco and vaping products are less accessible to youth and adults, where smokers who are trying to quit are supported, and where fewer people are exposed to tobacco and smoking and vaping behaviour.

Recommendation 5

Rule 100(5) of the Rules of the Legislative Assembly of the Northwest Territories requires Cabinet, in response to a motion by committee, to table a comprehensive response that addresses the committee report and any related motions adopted by the House. As required by this rule, committee usually includes a recommendation in each report, which is moved as a motion in the House, requesting a response from the government within 120 days.

Given that the 18th Legislative Assembly will dissolve prior to the conclusion of the 120-day time period allowed by the rules, committee has opted to forego this recommendation. Committee nonetheless requests, to the extent it is possible before the dissolution of the 18th Assembly and for the public record, that government provide a response to this recommendation, even of a preliminary nature, that committee may publicly disclose.

Committee wishes to thank every individual and organization who participated in the review process for Bill 40 and Bill 41.

This concludes committee's report on Bill 40: Smoking Control and Reduction Act and Bill 41: Tobacco and Vapour Products Control Act. Committee's reports are available on the Legislative Assembly website at www.assembly.gov.nt.ca. Thank you, Mr. Speaker.

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The Speaker Jackson Lafferty

Masi. Reports of standing and special committees. Member for Nahendeh.