SMOKE-FREE LEGISLATION & ISSUES
Smoke-free Multi-Unit Dwellings
- The Smoking and Health Action Foundation (SHAF) has launched a new website to deal with the issue of second-hand smoke exposure in multi-unit dwellings (MUDs). The website, Smoke-Free Housing Ontario, is geared to a wide audience including tenants, landlords, condominium corporations, housing co-operatives and public health intermediaries, and includes:
- Information on second-hand smoke;
- Synopses of laws that have a bearing on the issue;
- A legal opinion on the adoption of no-smoking policies;
- Case law summaries from the Ontario Landlord and Tenant Board, along with links to the actual cases;
- How-To Guides for landlords, condominiums and housing co-ops with step-by-step instructions for adopting no-smoking policies;
- Tools such as sample no-smoking policies, letters and a survey;
- Success stories; and
- A collection of materials and resources created by public health units and volunteer tobacco-free councils.
- The Ontario Tobacco Research Unit has released its latest OTRU Update (March 2009) which shows that almost 1 in 5 Ontarians reported noticing second hand smoke entering their homes from an external source. Ontarians living in multi-unit dwellings were more than twice as likely as those living in single family homes to notice smoke entering their unit.
- The Non-Smokers' Rights Association has produced several documents on drifting second-hand smoke in multi-unit dwellings, including a recent review of second-hand smoke decisions by adjudicators of landlord and tenant boards.
- The Canadian Smoke-free Housing Coalition has just launched its new website: Smoke-Free Housing Canada. The national website is dedicated to educating landlords, tenants and condominium owners on the issue of second-hand smoke in multi-unit dwellings.
Smoke-free Vehicles Carrying Children
- Currently, 10 of 13 provinces/territories have passed legislation banning smoking in vehicles carrying children:
- British Columbia amended its Motor Vehicle Act (Section 231.1) to prohibit smoking in vehicles carrying children under the age of 16. The law came into effect on April 7, 2009.
- Section 186.1 of Manitoba's Highway Traffic Amendment Act prohibits smoking in vehicles with children under the age of 16 present. The Act also prohibits smoking in vehicles by children younger than 16. The Act received Royal Assent on June 11, 2009 and the implementation date has yet to be set.
- Amendments to New Brunswick’s Smoke-Free Places Act were passed on May 1, 2009. The legislation will ban smoking in all motor vehicles carrying children as of January 1, 2010.
- Newfoundland and Labrador amended its Smoke-free Environment Act to prohibit smoking in private vehicles carrying children under the age of 16.
- Nova Scotia was the first province to pass legislation (Smoke-free Places Act) prohibiting smoking in vehicles carrying children (under the age of 19). The legislation has been in effect since April 1, 2008.
- The Ontario government’s amendments to the Smoke-Free Ontario Act, which makes all vehicles carrying children under the age of 16 smoke-free, was adopted on June 16, 2008 and came into force on January 21, 2009.
- In addition to making vehicles carrying children under the age of 19 smoke-free, PEI amended its Smoke-Free Places Act to include 100% smoke-free workplaces and public places. The Act was passed on May 15, 2009 and is awaiting proclamation.
- In 2010, Saskatchewan amended its Tobacco Control Act to prohibit smoking in vehicles with children under the age of 16.
- Yukon Territory’s Smoke-free Places Act includes provisions which make all workplaces and public places 100% smoke-free (including patios), bans smoking on school grounds, within a certain distance from entryways, and in vehicles with children under the age of 18 present. The bill came into force on May 15, 2008.
- An August 2009 study by researchers at the Johns Hopkins Bloomberg School of Public Health show nicotine levels are "strikingly higher" in smokers' cars than in non-smokers' vehicles. The study tested air nicotine concentrations in smokers' vehicles and found they were twice as strong as levels measured by other studies in public and-or private places and up to 50 per cent higher than measurements taken in restaurants and bars that permit smoking.
- Evidence shows vehicles most dangerous place for second-hand smoke levels. In a February 2008 news release, the Ontario Medical Association cited evidence which shows that the concentration of second-hand smoke particles in a car can be up to 60 times higher than concentrations indoors. Click here to view the OMA's press release and related backgrounder.
- Majority of Canadians support banning smoking in cars with children present. A poll commissioned by the Canadian Cancer Society shows 82 per cent of Canadians agreed that smoking should be prohibited in cars transporting children and teenagers under the age of 18.
Among smokers who responded to the telephone survey, 69 per cent supported the idea. Click here to view the Canadian Cancer Society's news release.
- The Canadian Cancer Society has created a website that allows Canadians an opportunity to send an email to their MP urging action on contraband tobacco. The website is available in both English and French.
- The International Consortium of Investigative Journalists have published their latest investigation on contraband cigarettes. The story, "Canada's Boom in Smuggled Cigarettes", documents the cross-border problem between Canada and the U.S.
- The Canadian Coalition for Action on Tobacco calls on the federal government for action on cigarette smuggling. Click here to view the February 4, 2008 news release.
- The Ontario Tobacco Research Unit has released a special report entitled Contraband cigarettes in Ontario. The report finds 37% of Ontario smokers purchase cigarettes on reserve, with 26% saying they have done so in the past six months (data: January/05 – June/06).
- The Canadian Tobacco Manufacturers' Council (CTMC) has released a study concluding that contraband in Canada is increasing compared to a similar 2006 study. The study claims that:
- 22% of cigarettes smoked in Canada are illegal, compared to 16.5% in 2006.
- Governments are losing about $1.6 billion per year in tax revenues, including $449 million in Ontario.
It was also noted that the primary sources of contraband are First Nation reserves in the St. Lawrence basin.
Click here for the CTMC's August 1, 2007 news release. Responses to the CTMC's study were also released by Physicians for a Smoke-free Canada and Coalition québécoise pour le contrôle du tabac.
- The Canadian Coalition for Action on Tobacco's April 2007 news release and related brochure.
COST RECOVERY LITIGATION
- Quebec's Bill 43, Tobacco-related Damages and Health Care Costs Recovery Act received Royal Assent on June 19, 2009.
- The Ontario government's Bill 155, Tobacco Damages and Health Care Costs Recovery Act, 2009 received third reading and Royal Assent on May 14, 2009. The legislation will enable the province to recover the health care costs associated with the burden caused by tobacco-related illness by:
- Allowing Ontario to directly sue tobacco companies for alleged wrongdoing
- Allowing for the recovery of past, present and ongoing tobacco-related damages
- Creating a method to determine health care cost damages incurred by taxpayers arising from tobacco-related illnesses
- Establishing the burden of proof required to link exposure to tobacco products to Tobacco-related disease
- Allocating liability among tobacco companies by market share.
British Columbia and New Brunswick have already passed legislation and initiated lawsuits against tobacco companies to recover health care costs. Newfoundland, Nova Scotia, Saskatchewan and Manitoba have also passed health care cost recovery legislation.
- Alberta becomes the eighth province to bring forward legislation to facilitate a medicare cost recovery lawsuit against the tobacco industry. On May 11, 2009, Alberta Health and Wellness Minister Ron Liepert today introduced Bill 48, the Crown's Right of Recovery Act.
- Federal Health Minister Leona Aglukkaq introduced Bill C-32, amendments to the Tobacco Act, that would ban the flavouring of cigarillos, cigarettes and blunt wraps and require unflavoured cigarillos and blunt wraps to be packaged like cigarettes in minimum quantities of 20. The proposed legislation would also repeal the exception in the current Tobacco Act that allows tobacco ads to be placed in a print publication that has an adult readership of not less than 85%. Bill C-32 was passed by the House of Commons and is currently before the Senate.
- The Ontario government passed Bill 124 which amends the Smoke-free Ontario Act to include the banning of flavourings in cigarillos and to require them to be sold in packages of no less than 20. The Bill received Royal Assent on December 10, 2008 and is awaiting proclamation.
- New Brunswick to ban flavourings in cigarillos and other tobacco products The Tobacco Sales Act will be amended to prohibit the sale of flavoured cigarillos and other tobacco products and also restrict the sale of cigarillos to packages no fewer than 20.
- OCAT cigarillo backgrounder, September 2008
- Physicians for a Smoke-free Canada. Cigarillo Smoking in Canada: A review of results from CTUMS, Wave 1 - 2007, February 2008.
- New U of T research supports retail display bans. OTRU researchers at the University of Toronto examined over 480 retail establishments in 20 Ontario cities which showed that consumers have been bombarded by extensive tobacco promotion in Ontario stores. The findings are published in the current edition of the Canadian Journal of Public Health. Click here to view the press release.
- New Brunswick Health Minister introduced legislation to ban tobacco displays at retail. The bill will amend the current Tobacco Sales Act and will take effect on January 1, 2009.
- Yukon government passes legislation banning retail displays. On March 26, 2008, the Yukon Legislative Assembly amended Bill 104, the Smoke-free Places Act to include a ban on retail displays, effective May 15, 2009. The Bill passed in the Legislature on April 22.
- Protocol for upcoming retail display ban is now available on Ministry of Health Promotion website.
- The Ontario Tobacco Research Unit has released its findings on public opinion in support of tobacco retail display bans and a fact sheet on retail display of tobacco products.
HEALTH EFFECTS OF SECOND-HAND SMOKE
- A recent OTRU study (April 2009) by an Expert Panel on Tobacco Smoke and Breast Cancer Risk concludes that there is now enough scientific evidence to link both active smoking and secondhand smoke to breast cancer
- A Colorado study shows a decline in heart attacks after the implementation of a smoking ban". The study shows that in the 18 months after the ban came into effect in Pueblo, Colorado, hospital admissions for heart attacks dropped 27%. The study was published in the journal Circulation.
- A new global study led by two Canadian researchers has shown evidence that all tobacco exposure, including second-hand smoke, can lead to an increased risk of heart attack. The study, was published in the August 19, 2006 issue of The Lancet
- In July 2006, the U.S. Surgeon General released a report entitled, "The Health Consequences of Involuntary Exposure to Tobacco Smoke: A Report of the Surgeon General". The report says that the only way to protect nonsmokers from the dangerous chemicals in second-hand smoke is to eliminate smoking indoors.
- The California Air Resources Board unanimously adopted a regulatory amendment (Jan 2006) identifying secondhand smoke as a toxic air contaminant (TAC). The California Environmental Protection Agency will now prepare a risk reduction report on potential actions to further reduce exposure to secondhand smoke. The report is divided into two parts:
- Part A contains the first ever outdoor monitoring of secondhand smoke exposure near designated smoking areas in California.
- Part B includes: a causal link between secondhand smoke exposure and preterm delivery; asthma induction in adults; breast cancer in younger, premenopausal women; and altered vascular properties.