Backgrounders
	Highlights of Tobacco Control: A Blueprint to Protect the Health of Canadians
	The Supreme Court of Canada ruling on the Tobacco Products Control Act
	Remarks by Health Minister Diane Marleau for Press Conference to Release the Blueprint

Information

December 1995

Highlights of Tobacco Control: A Blueprint to Protect the Health of Canadians

Tobacco Control: A Blueprint to Protect the Health of Canadians outlines the federal government's intention to put forward legislative measures to fill the void resulting from the September 21, 1995 Supreme Court ruling on the Tobacco Products Control Act (TPCA) and to strengthen the federal tobacco control strategy.

The government recognizes that tobacco products are hazardous and addictive, and therefore intends to introduce a strong and comprehensive legislative response to counter the ill effects of tobacco consumption among Canadians. Given the unique problems associated with tobacco use, the proposed legislative framework would consist of tobacco-specific legislation encompassing the best features of other federal laws governing consumer products such as the Hazardous Products Act (HPA) and the Food and Drugs Act (F&DA). In addition, the government would consider consolidating tobacco control measures now found in the TPCA and Tobacco Sales to Young Persons Act (TSYPA).

Tobacco Legislative Goals

• to protect the health of Canadians in light of conclusive evidence implicating tobacco use in the incidence of numerous debilitating and fatal diseases;
• to protect young persons and others, to the extent that this is reasonable in a free and democratic society, from inducements to use tobacco products and consequent dependence on them; and
• to enhance public awareness of the hazards of tobacco use by ensuring effective communication of pertinent information to Canadians about tobacco products and their use.

Legislative Framework

• support its health policy objectives by effectively dealing with the many factors contributing to smoking among Canadians, particularly among youth;
• establish conditions and requirements under which tobacco products may be manufactured, sold and marketed in Canada;
• include effective administrative and enforcement provisions; and
• combine legislative and regulatory powers that ensure flexibility and effectiveness in achieving its health goals.

• Ban on advertising
  The government believes that a complete ban on advertising is the most effective measure to achieve its health policy objectives. The government is committed to providing the necessary evidence to support the most comprehensive prohibition on advertising possible.
• Restrictions on promotion
  In addition to restrictions on free distribution, gifts and cash rebates now contained in the TPCA, further restrictions would be imposed on promotional activities.
• Restrictions on sponsorship
  The government believes that sponsorship activities need to be controlled in order to achieve its health policy objectives. The government is committed to introducing the most comprehensive restrictions on sponsorship possible.
• Restrictions on access
  In addition to the restrictions regarding sales to minors now contained in the TSYPA, new restrictions would be imposed to further reduce the likelihood of easy access of tobacco products by minors.
• Restrictions at point of sale
  In the context of severe restrictions on advertising and promotion, the government would restrict point-of-sale activities such as advertising, promotion and product display.
• Packaging and labelling requirements
  The government will continue to warn Canadians of the hazards associated with smoking through strong health messages and toxic constituent information. In addition to regulating the minimum number of cigarettes found in packages under the TSYPA, powers to regulate various aspects of packaging such as form, size and symbols would be established and further labelling requirements would be imposed.
• Product regulation
  The government will establish powers to eventually regulate tobacco product constituents and smoke emissions. As toxicological and social science knowledge regarding tobacco products and their use evolves, various modifications and control measures for constituents and smoke emissions could be proposed.
• Reporting requirements
  In addition to current measures regarding sales data and constituent information found in the TPCA, further reporting requirements would be imposed on tobacco manufacturers, distributers and importers.
• The government will examine the extent to which its health goals and proposed legislative directions can be pursued while minimizing any undesirable legal or policy effects. In the context of the overall legislative framework, every proposed measure will be reviewed in light of supporting evidence in order to assess its effectiveness as well as its implications for the Charter, international trade obligations, trade law, competitiveness, employment and contraband.

Consultations

Health Canada invites comments on the proposed legislative framework and control measures, particularly from provinces and territories, and from groups and organizations that have traditionally been interested in, or that may be affected by, forthcoming tobacco control measures:

• national health and anti-tobacco organizations;
• tobacco manufacturers and importers;
• industries collateral to the tobacco industry such as the retail, advertising and packaging industries; and
• sports and cultural groups that benefit from tobacco manufacturers' sponsorship activities.

The consultation process will allow Health Canada to collect and assemble information regarding the effectiveness of the proposed control measures and their impact on the tobacco and collateral industries as well as on the groups benefiting from tobacco company sponsorship.

Organizations wishing to comment on the Blueprint are invited to submit written briefs no later than January 31, 1996. Subsequent to the review of the submissions by Health Canada officials, meetings will be organized with key stakeholders across the country.

Individuals and groups may submit written comments to:

Copies of the Blueprint can be obtained by calling 1-800-300-8449

Attribution of Health Messages

The attribution of health messages is an important first step in rebuilding the government's strategy. Amendments to the Tobacco Products Control Act (TPCA) will be introduced immediately to provide for health messages and toxic constituent information on tobacco packaging.