HEAL Committee Meeting
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MINUTES OF PROCEEDINGS
Meeting No. 53
Tuesday, November 3, 1998
The Standing Committee on Health met at 9:10 a.m. this day, in Room 371, West Block, the Chair, Joseph Volpe, presiding.
Member(s) of the Committee Committee present: Elinor Caplan, Aileen Carroll, Reed Elley, Grant Hill, Ovid Jackson, Maria Minna, Robert D. Nault, Denis Paradis, Pauline Picard, Greg Thompson, Judy Wasylycia-Leis.
Acting Member(s) present: Lynn Myers for Rose-Marie Ur, Carolyn Bennett for Dan McTeague.
Other Member(s) present: Bonnie Brown.
In attendance: From the Library of Parliament: Nancy Miller Chenier, Molly Dunsmuir and Sonia Harris, Research Officers
From Committees and Legislative Services: Richard Dupuis and Suzanne Verville, Legislative Clerks.
Witnesses: From Health Canada: Bill Maga, Head, Tobacco Policy and Coordination Unit, Health Policy Division, Health Policy and Information Directorate, Policy and Consultation Branch and Chris McNaught, Counsel, Department of Justice.
Participants: Round Table: From the Canadian Medical Association: Dr. Cindy Forbes, Chair, Council on Health Care and Promotion; Dr. Isra Levy, Director of Health Programs, Health Programs Project. From the Non-Smoker's Rights Association: David Sweanor, NSRA Senior Legal Counsel, From the Alliance for Sponsership Freedom: Max Beck, General Manager, Ontario Place.
The Committee resumed consideration of Bill C-42, An Act to amend the Tobacco Act. (See Minutes of Proceedings, Thursday, October 29, 1998, Meeting no. 52).
The participants in the Round Table made statements and answered questions.
At 10:17 a.m. the sitting was suspended.
At 10:23 the sitting resumed.
The Committee resumed consideration of Clause 1.
Elinor Caplan moved, -- That Bill C-42, in Clause 1, be amended by
(a) replacing line 4 on page 1 with the following:
"1. Section 24 of the Tobacco Act is"
(b) deleting lines 12 to 14 on page 1.
After debate, the question being put on the motion, it was adopted.
Clause 1, as amended, carried.
On Clause 2.
Elinor Caplan moved-- That Bill C-42, in Clause 2, be amended by replacing lines 24 to 35 on page 1 with the following:
"(2) Section 25 of the Act, as it read immediately before the coming into force of subsection (1), continues to apply until October 1, 2003 in relation to the display, on a permanent facility, of a tobacco product-related brand element that appeared on the facility on the day on which this Act comes into force."
After debate, the question being put on the amendment, it was adopted.
Clause 2, as amended, carried.
On Clause 3,
Elinor Caplan moved, -- That Bill C-42, in Clause 3, be amended by replacing lines 1 to 5 on page 2 with the following:
"3. Paragraphs 33(c) and (d) of the Act are repealed."
After debate, the question being put on the motion, it was adopted.
Clause 3, as amended, carried.
On Clause 4.
Elinor Caplan moved, -- That Bill C-42, in Clause 4, be amended by replacing lines 7 to 44 on page 2 and lines 1 to 18 on page 3 with the following:
"as subsection 66(1).
(2) Subsection 66(1) of the English version of the Act is replaced by the following:
66. (1) Subsections 24(2) and (3) come into force on October 1, 1998 or on any earlier day that the Governor in Council may fix by order.
(3) Section 66 of the Act is amended by adding the following after subsection (1):
(2) If a tobacco product-related brand element was displayed, at any time between January 25, 1996 and April 25, 1997, in promotional material that was used in the sponsorship of an event or activity that took place in Canada, subsections 24(2) and (3) do not apply until
(a) October 1, 2000 in relation to the display of a tobacco product-related brand element in promotional material that is used in the sponsorship of that event or activity or of a person or entity participating in that event or activity; and
(b) October 1, 2003 in relation to the display referred to in paragraph (a) on the site of the event or activity for the duration of the event or activity or for any other period that may be prescribed.
(3) Subsections 24(2) and (3) apply from October 1, 2000 to October 1, 2003 to prohibit the furnishing to the public, on the site of an event or activity to which paragraph (2)(b) applies, of promotional material that displays a tobacco product-related brand element otherwise than in conformity with subsection 24(2)."
After debate, the question being put on the motion, it was adopted.
With unanimous consent, the Committee reverted to its consideration of Clause 4 which had previously carried.
Judy Wasylycia-Leis moved, --That Bill C-42, in Clause 4, be amended by replacing lines 14 to 19 on page 2 with the following:
"person, entity, event or activity if
- the tobacco product-related brand element has been displayed in Canada before April 25, 1997 in promotional material that is used in the sponsorship of the person, entity, event or activity, as the case may be and the sponsorship was in place in Canada on April 25, 1997; and
- the display of the tobacco products-related brand element is not at retail."
After debate, the question being put, the motion was negatived.
Judy Wasylycia-Leis moved, -- That Bill C-42, in Clause 4, be amended by replacing lines 6 to 10 on page 3 with the following:
" (5) The total cost of expenditures in relation to the sponsorship of a person, entity, event or activity under subsections (2) and (3) for any 12 month period ending on October 1 during the periods of time referred to in this section shall not exceed the total cost of such expenditures for the 12 month period ending on April 25, 1997."
After debate, the question being put, the motion was negatived.
Clause 4, as amended, carried.
On Clause 5.
Elinor Caplan moved, -- That Bill C-42, in Clause 5, be amended by replacing lines 19 to 21 on page 3 with the following:
"5. (1) Sections 1 and 3 come into force on October 1, 2003.
(2) Subsection 66(2) of the Act, except paragraph (b), as enacted by section 4, is deemed to have come into force on October 1, 1998.
(3) Paragraph 66(2)(b) and subsection 66(3) of the Act, as enacted by section 4, come into force on October 1, 2000."
After debate, the question being put, the motion was adopted on division.
Clause 5, as amended, carried.
The title carried.
The Bill, as amended, carried.
ORDERED, -- That a reprint be provided for use at Report Stage.
ORDERED, --That the Chair report Bill C-42, with amendments to the House as the Third Report of the Committee.
At 11:00 a.m., the Committee proceeded to sit in camera.
At 11:20 a.m., the Committee adjourned to the call of the Chair.
Marie Danielle Vachon
Clerk of the Committee