Framework Convention on Tobacco Control
Draft legislation for implementation in Canada
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backgrounder

 

 An Act to Implement the Framework Convention on Tobacco Control

An Act respecting Canada’s obligations under the Framework Convention on Tobacco Control

Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:

FCTC Obligation 

Short title

SHORT TITLE

1. This Act may be cited as the Act to Implement the Framework Convention on Tobacco Control.

 

Interpretation

INTERPRETATION

2. The following definitions apply in this Act….

 (to be developed)

 

Purpose

PURPOSE OF ACT

3. The purpose of this Act is to fulfill Canada’s obligations under the Framework Convention on Tobacco Control and its protocols.

 

Binding on Her Majesty

HER MAJESTY

4. This Act is binding on Her Majesty in right of Canada or a province.

 

Order designating Minister

DESIGNATION OF MINISTER

5. The Governor in Council may, by order, designate one or more members of the Queen's Privy Council for Canada as the Minister or Ministers for the purpose of any provision of this Act.

Article 5:  General Obligations

Development of a national strategy

COMPREHENSIVE MULTISECTORAL national tobacco control strategies

6.  The Minister shall develop and implement a comprehensive multisectoral national tobacco control strategy.

Article 5.2.

Establishment of a National Focal Point

 

NATIONAL FOCAL POINT AND MONITORING ACTIVITIES

7. (1) The Minister shall establish and appropriately fund a national focal point for tobacco control.

(2)  The national focal point for tobacco control shall consist of person or persons appointed by the Minister whose interests, concerns and expertise contribute to the purpose of this Act.

 

 

(3) The national focal point shall monitor the actions taken in Canada to implement the treaty and shall take other actions as appropriate to facilitate effective national and international tobacco control.

(4)  The national focal point shall periodically review and update reports on the state of comprehensive multisectoral national tobacco control strategies in place in Canada.

 

Report to Parliament

 

REPORT TO PARLIAMENT

8  (1) The Minister and the focal point shall report annually to Parliament, within four months after the end of the fiscal year being reported, on the implementation of the Framework Convention on Tobacco Control and the achievement of its objectives.

(2) The Minister and the focal point may, at any time, make a special report to Parliament.

Article 5 (general obligations)

Article 9
Regulation of the contents of tobacco products

Article 10
Regulation of tobacco product disclosures

Article 12
Education, communication, training and public awareness

Article 14
Demand reduction measures concerning tobacco dependence and cessation

Article 18
Protection of the environment and the health of persons

Article 20
Research, surveillance and exchange of information

Information to be included (Minister’s Report)

 (3) The Minister’s report shall include information on:

(a) the legislative, executive, administrative and/or other measures taken by the federal government to prevent and reduce tobacco consumption, nicotine addiction and exposure to tobacco smoke;

(b)  cooperative measures undertaken with other governments in furtherance of the objectives of the treaty;

(c) resources allocated by the federal government towards the implementation of the treaty in Canada and elsewhere;

(d) the level of tobacco consumption and exposure to tobacco smoke among Canadians;

(e)  the consequences of tobacco use in Canada, including impact on mortality, morbidity, health care costs and the economy; (f) reports filed with the Minister by tobacco companies pursuant to regulations under the Tobacco Act;

(g) federal measures taken to increase public awareness of and access to information regarding the adverse health, economic, and environmental consequences of tobacco production and consumption;

 (h) federal initiatives to provide training or sensitization and awareness programmes on tobacco control to health workers, community workers, social workers, media professionals, educators, decision-makers, administrators and other concerned persons;

(i)  federal measures taken to engage public and private agencies and nongovernmental organizations not affiliated with the tobacco industry in developing and implementing intersectoral programmes and strategies for tobacco control; (j) federal programmes aimed at promoting the cessation of tobacco use, the availability of diagnosis and treatment of tobacco dependence and counselling services and the accessibility and affordability of treatments for tobacco dependence including pharmaceutical products;.

(k) the impact on the Canadian environment associated with the production and use of tobacco products;

(l) scientific research and monitoring and surveillance activities respecting tobacco use and the consequences thereof conducted by or funded by the government of Canada;

(m) reports filed with the Conference of the Parties and subsidiary bodies, established pursuant to the Framework Convention on Tobacco Control.

Article 5 (general obligations)

Article 12
Education, communication, training and public awareness

Article 14
Demand reduction measures

Article 18
Protection of the environment and the health of persons

Article 20
Research, surveillance and exchange of information

Information to be included (Focal Point’s report)

(4)  The report of the Focal Point shall include information on:

(a) Information on the effective legislative, executive, administrative and/or other measures taken by other levels of government to prevent and reduce tobacco consumption, nicotine addiction and exposure to tobacco smoke;

(b) A review of the comprehensive multisectoral national tobacco control strategies, plans and programmes in place in Canada in accordance with the Framework Convention on Tobacco Control and its protocols and the resources allocated to them;

(c) details on educational and public awareness programmes on the health risks associated with tobacco use in place in Canada;

(d) details on initiatives to provide training or sensitization and awareness programmes on tobacco control to health workers, community workers, social workers, media professionals, educators, decision-makers, administrators and other concerned persons programmes in place in Canada;

(e)  measures taken in Canada to engage public and private agencies and nongovernmental organizations not affiliated with the tobacco industry in developing and implementing intersectoral programmes and strategies for tobacco control;

(f)  measures taken in Canada to increase public awareness of and access to information regarding the adverse health, economic, and environmental consequences of tobacco production and consumption;

(g) details on Canadian programmes aimed at promoting the cessation of tobacco use, the availability of diagnosis and treatment of tobacco dependence and counselling services and the accessibility and affordability of treatments for tobacco dependence including pharmaceutical products.

Article 8
Protection from exposure to tobacco smoke

 

Protection from exposure to tobacco smoke

 

Protection from exposure to tobacco smoke

9.  (1) The Non-smokers' Health Act,  R.S.C. 1985, c. 15 (4th Supp.) is repealed.

(2)  The Canada Labour Code, R.S. 1985, c. L-2 is amended in Part II, section 125 by adding the following:

(z.20) ensure that there is no smoking in the workplace.

(3) No person may be involuntarily exposed to second hand smoke on any land or in any facility under federal authority.

Article 11, labelling

Misleading descriptors

labelling of tobacco products

10. (1) The Tobacco Act 1997 c. 13 is amended in Part IV by deleting section 20 and replacing with:

20. (1)  No person shall promote a tobacco product by any means, including by means of the packaging that are false, misleading, deceptive or likely to create an erroneous impression about its characteristics, health effects, hazards or emissions, including any term, descriptor, trademark, figurative or any other sign that directly or indirectly creates the false impression that particular tobacco product is less harmful than other tobacco products. 

(2)  The Minister may, at any time, direct manufacturers to cease using any term specified on the list of banned descriptors in Schedule 1.

 

health warnings on tobacco products

(2) The Tobacco Act 1997 c. 13 is amended in Part III by deleting section 15(1) and replacing with:

15(1) No manufacturer or retailer shall sell a tobacco product unless the package it displays, in the prescribed form and manner, the information contained in Schedule 2 or that require by regulations about the product and its emissions, and about the harmful effects of tobacco use.

Article 16.  Sales to and by minors

Protection of minors – sale of candy cigarettes and pipes

 

ban on Sale of Candy cigarettes

11.  The Tobacco Act, 1997, c 13  is amended in Part IV, section 22 by replacing section 22 with:

22.  No person shall promote, manufacture or distribute candy that depicts or resembles a tobacco product or its package or brand elements of one.

Article 13

Tobacco advertising, promotion and sponsorship

 

Promotion

 

Promotion

12.  (1)  The Tobacco Act 1997 c. 13 is amended in Part IV by deleting section 18 (1) and replacing with:

18 (1)  In this Part, “promotion” means a representation about a product or service by any means, whether directly or indirectly, including any communication of information about a product or service and its price and distribution that is likely to influence and shape attitudes, beliefs and behaviours about the product or service or which encourage the purchase of tobacco  products or certain brands of tobacco products.

 

endorsements and testimonials

(2) The Tobacco Act 1997 c. 13 is amended in Part IV by deleting section 21 (c).

 

Facilities

(3)  The Tobacco Act 1997 c. 13 is amended in Part IV by deleting section 25.

 

Accessories

(4)  The Tobacco Act 1997 c. 13 is amended in Part IV by deleting section 26.

 

Brand extensions

(5)  The Tobacco Act 1997 c. 13 is amended in Part IV by deleting section 27 and replacing with:

25.  No person shall furnish or promote a tobacco product if any of its brand elements is displayed on a non-tobacco product or is used with a service.

 

 

 (6)  The Tobacco Act 1997 c. 13 is amended in Part IV by renumbering section 29 as section 26.

 

signs at retail

(7)  The Tobacco Act 1997 c. 13 is amended in Part IV by deleting section 30 and replacing it with :

27 A retailer of tobacco products may post, in accordance with the regulations and Schedule 3, signs at retail that indicate the availability of tobacco products and their price.

 

import of promotions

(8)  The Tobacco Act 1997 c. 13 is amended in Part IV by renumbering section 31(1) as section 28 and deleting section 31(2) and (3).

 

export of promotions

(9) The Tobacco Act 1997 c. 13 is amended in Part IV by adding the following:

 29.  No person shall import or export a tobacco promotion.

 

 

 

 (10)  The Tobacco Act 1997 c. 13 is amended in Part IV by renumbering section 32 as section 30.

Article 13. 4  (b)

health warnings on promotions

Health Warnings on Promotions

13.  (3) The Tobacco Act 1997 c. 13 is amended in Part IV by deleting section 24. and replacing it by:

24. No person shall promote a tobacco product or a tobacco product-related brand element unless the promotion displays, in the prescribed form and manner, the information contained in Schedule 3.

 

regulations

REGULATIONS

14.  The Tobacco Act 1997 c. 13 is amended in Part IV by renumbering section 33 as section 30 and amending it as follows:

30. The Governor in Council may make regulations

(a) respecting the promotion of tobacco products and tobacco product-related brand elements and the packaging of tobacco products, including the form, manner and conditions of the promotion and packaging,

 (b) respecting the use of tobacco product-related brand elements for the purposes of subsection 24

(c) respecting signs that a retailer may post under subsection 27(1), including the placement of the signs and their number, size and content;

 (d) requiring manufacturers to disclose the particulars of their tobacco product-related brand elements and promotional activities;

(e) prescribing anything that by this Part is to be prescribed; and

(f) generally for carrying out the purposes of this Part.

Article 16.  Sales to and by minors

Protection of minors – banning vending machines.[cc1] 

banning vending machines

15.  The Tobacco Act, 1997, c 13  is amended in Part II, section 12 by deleting clause 12 and substituting with:

12. No person shall furnish or permit the furnishing of a tobacco product by means of a device that dispenses tobacco products.

Article 19:  Liability

Liability

Liabiality

16.  The Minister shall consider taking legislative or other action to deal with criminal and civil liability of tobacco manufacturers.

Article 5.6. and Article 26
Financial resources

 

Funding for global tobacco control

Establishment of a Fund for Global Tobacco Control

17.  (1) There is hereby established a program, to be called the Canadian Fund for Global Tobacco Control, the object of which is to provide for the payment of contributions to eligible recipients for the carrying out of projects that contribute to the implementation of the treaty in areas outside of Canada.

 

 

(2) The following are eligible recipients:

(a) a national or municipal or regional government

(b) an international organization whose members include national governments

(c) a non-governmental organization

 

 

(3) The Minister may enter into an agreement with an eligible recipient to provide for the payment of a contribution for an eligible project.

 

Available funding

(4) The funding provided by the Minister in each year shall be drawn from the Consolidated Revenue Fund and shall be an amount that is not less than 1% of federal revenues from excise taxes and duties on tobacco products or 5% of the income of tobacco companies operating in Canada, whichever is greater. 

 

 

(5a)  The federal revenues from excise taxes and duties referred to in subsection (4)shall be those as reported by the Canada Customs and Revenue Agency for the most recent fiscal year for which information is available.

 

 

(5b)  The income of tobacco companies operating in Canada referred to in subsection (4) shall be as reported to the Canada Customs and Revenue Agency for the most recent fiscal year for which information is available.

preamble – civil society participation

civil society participation

 

civil society participation

18.  (1) Any citizen of Canada may apply to the Minister for an investigation of actions or failures to act which the individual alleges breach Canada’s obligations under the Framework Convention on Tobacco Control and its protocols.

 (3)  The Minister shall acknowledge receipt of the application within 20 days of the receipt and shall investigate all matters that the Minister considers necessary to determine the facts relating to the alleged offence.

(4) The Minister shall include in each report to Parliament details on each allegation received under this section, on the progress of the subsequent investigation and the subsequent actions, if any, that the Minister has taken or proposes to take.

 

Schedules

 

Schedules

19. (1) The Tobacco Act, 1997, c 13  is amended by adding Schedule 1 to this act as Schedule 1 to the Tobacco Act.

(2)  The Tobacco Act, 1997, c. 13 is amended by adding Schedule 2 to this act as Schedule 2 to the Tobacco Act.

(3)  The Tobacco Act, 1997, c. 13 is amended by adding Schedule 3 to this act as Schedule 3 to the Tobacco Act.

(4) The Tobacco Act, 1997, c. 13 is amended by adding the following Section 31:

31.  The Governor in Council may, by order, amend any of Schedules 1  to 3  by adding to them or deleting from them any item or portion of an item, where the Governor in Council deems the amendment to be necessary in the public interest.

 

Regulations

regulations

20. (1) The Governor in Council may make regulations generally for the carrying out of the purposes and provisions of this Act.

 

Article 11: Labelling

Schedule 1 – banned descriptors

Schedule1

List of Banned Terms

 

low tar

light

extra light

ultra-light

smooth

mild

extra mild

ultra-mild

 

Article 11:  Labelling

Schedule 2 – Health warning labels on tobacco products

Schedule 2

Health Warnings and Health Information for Tobacco Products

Health Warnings

1. (1) Every manufacturer of a tobacco product shall display health information in the manner set forth in this schedule or in regulations under the Tobacco Act.:

2.  Every manufacturer of a tobacco product shall display the health warnings on every package of the tobacco product that they manufacture, in accordance with this Schedule.

Manner of display

(2) The health warnings must

a.        be displayed in English on one principal display surface and in French on the other principal display surface;

b.        occupy at least 50% of the principal display surfaces and be positioned parallel to the top edge of the package, towards the top part of the package as much as possible while satisfying the requirements of paragraph (c), and in the same direction as the other information that is on the package;

c.        be displayed on a principal display surface in a manner that ensures that none of the words of the warning will be severed when the package is opened;and

d.        be selected from the formats provided by the Minister for each health warning and based on the shape of the space as determined in accordance with paragraph (b).

Equal display

(3)   Every manufacturer shall, in respect of each brand of a tobacco product that the manufacturer packages in a year and each type of package of the brand, display each health warning on between 3.25% and 9.25% of those tobacco products; and

Health Information

4 Every manufacturer of a tobacco product shall display health information in the following manner:

a.        in the case of any package other than a slide and shell package or a tub

                                  i.            anywhere on the package, other than the principal display surface or the bottom, in a manner that the English and French texts are side by side, centred, and together occupy between 60% and 70% of the side on which it is displayed; or

                                 ii.            on a leaflet inserted in every package, in English on one side of the leaflet and in French on the other side, with the information centred and occupying between 60% to 70% of each side;

b.        in the case of a slide and shell package

                                  i.            in the manner described in subparagraph (a)(ii), or

                                 ii.            on the surface of the slide that is opposite to the side of the slide that is next to the tobacco product, in such a manner that the English and French texts are side-by-side and centered, and together occupy 60% to 70% of that surface; and

c.        in the case of a tub

1.        in the manner described in subparagraph (a)(ii),

2.        on any exterior surface of the tub except the bottom,

3.        on the interior surface of the lid, or

4.        on the freshness seal.

 

 

 

Leaflet

5The leaflet shall be approximately 50 mm by 88 mm and readily visible to a person who opens a package in which it has been inserted.

Equal display

6 Every manufacturer shall, in respect of each brand of a tobacco product specified in subsection (1) that the manufacturer packages during a year and each type of package of the brand, display each message on between 3.25% and 9.25% of those tobacco products.

 

Article 13 (4) b: promotion

Schedule 2 – Health warning labels on tobacco promotions

Schedule 3

Health Warnings and Health Information for Tobacco Products

1. Subject to the Tobacco Act, no person shall undertake any activities which are intended to promote or increase the sale of tobacco products or brands of tobacco products or which can reasonably be considered to promote or increase the sale of tobacco products or brands of tobacco products unless the promotion includes a display of health information set forth in this schedule or in regulations under the Tobacco Act.

The health warnings must

e.        be displayed in English and in French 

f.          occupy at least 50% of the promotional display or time.

g.        be displayed in a manner that ensures that they are fully legible or audible.

h.        be selected from the formats provided by the Minister for each health warning as appropriate for the format of the promotion.

 

 


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