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.