WHAT'S NEW

Smoke-Free Legislation & Issues

Smoke-free Vehicles Carrying Children

• Ontario government introduces legislation to make vehicles carrying children smoke-free. The legislation was introduced today (April 30, 2008) by Health Promotion Minister Margarett Best. If passed, the legislation will make it illegal to smoke in all vehicles (moving or stationary) where children under the age of 16 are present. Click here to view the Minister's news release.

• BC government fulfills promise to bring forth legislation protecting children from second-hand smoke in vehicles. On April 28, 2008, BC Solicitor General John van Dongen introduced amendments to the Motor Vehicle Act which will protect children under the age of 16 from second-hand smoke while passengers in vehicles.

• Manitoba Private Member’s Bill introduced to ban smoking in vehicles with kids. On April 10, 2008, MPP Kevin Lamoureaux introduced Bill 223, The Non-Smokers Health Protection Amendment Act (Protecting Children from Second-hand Smoke in Motor Vehicles). If passed, the bill would prohibit smoking in any vehicle while a person under the age of 12 is present. Click here to view MPP Lamoureaux’s news release.

• PEI Health Minister tables amendments to the Smoke-free Places Act. If passed, the amendments will ban smoking in vehicles carrying kids under age 19, ban smoking on hospital grounds, ban smoking gin provincial parks, eliminate DSRs in bars, restaurants, workplaces and other public places, ban smoking on restaurant/bar patios, and prohibit smoking in long-term care facilities. There will be a consultation process. The bill and regulatory changes are not expected to be adopted until the fall.

• Yukon government to make vehicles carrying children under the age of 18 smoke-free. The Bill, the Smoke-free Places Act, also includes provisions for 100% smoke-free workplaces and public places (including restaurant and bar patios), a ban on smoking on school grounds, and within a distance from entryways (to be prescribed by regulations). The bill comes into force on May 15, 2008.

• Premier McGuinty to introduce legislation banning smoking in vehicles carrying children in spring legislative session. Click here for the Premier's news release.

• Evidence shows vehicles most dangerous place for second-hand smoke levels. In a recent 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.

• In the B.C. Throne Speech (Feb. 12, 2008), the provincial government announced that it would bring forward legislation to ban smoking in vehicles with kids.

• 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.

• Nova Scotia becomes first Canadian province to pass legislation banning smoking in vehicles carrying children. The bill (Bill 6) was introduced as a Private Member's Bill by Opposition MPP David Wilson and was unanimously approved on December 13, 2007. It is expected to come into force in early 2008.

• MPP David Orazietti introduces Private Member's Bill to make all vehicles carrying children (under 16) smoke-free. On December 6, 2007, introduced Bill 11, An Act to amend the Smoke-Free Ontario Act to protect children and youth from second-hand smoke in motor vehicles. If passed, the bill will also give police officers the authority to pull over a vehicle solely because an adult is exposing a child to second-hand smoke.

• New Ipsos Reid poll shows strong public support for smoke-free vehicles with children aboard. The results of the poll showed that 86% of non-smokers and 66% of smokers support provincial legislation banning smoking in cars with children under the age of 16.

• The Town of Wolfville, NS becomes first Canadian jurisdiction to ban smoking in vehicles with children aboard. On November 19th, Council unanimously approved the "Smoke Free Vehicles Bylaw." This bylaw will protect children and youth eighteen years of age and under from the harmful effects of second hand smoke in vehicles. The law comes into effect June 1, 2008.

• California passes legislation banning smoking in vehicles carrying children. On Wednesday, October 10, 2007, Governor Arnold Schwarzenegger signed a bill that would make it illegal to smoke in a vehicle if someone under age 18 is present. The bill comes into force on January 1, 2008.

• The Ontario Medical Association has renewed its call on the provincial government to ban smoking in vehicles carrying children.

• An August 2006 OTRU Update entitled "The Smoke-Free Ontario Act: Extend Protection to Children in Vehicles" shows increased public support, among both smokers and non-smokers, for banning smoking in motor vehicles carrying children.

Smoke-free Multi-Unit Dwellings

• 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 Ontario Act

• The Smoke-Free Ontario Act came into effect on May 31, 2006.

  The Act makes all enclosed public places and workplaces (such as restaurants, bars, private clubs, work vehicles and offices) 100% smoke-free. The Act also toughens laws on tobacco sales to minors and restricts the display of tobacco products in retail outlets with a complete ban on the display of tobacco products by May 31, 2008.

  Regulations for the Smoke-Free Ontario Act are now avaible on the Government of Ontario's E-laws site.

  Click here to view the Compendium to the Tobacco Control Statute Law Amendment Act, 2004 (The Smoke-Free Ontario Act).

  Information about the Smoke-Free Ontario Act, who it affects, how it compares to the Tobacco Control Act (1994) and relevant signage is now available on the Ministry of Health Promotion website.

• Bylaw-SFOA Comparison Chart is now available in pdf version. This chart provides a comprehensive comparison of municipal bylaws to the new Smoke-Free Ontario Act.

• A poll by Osprey shows support for SFOA across Ontario. 60 percent of Ontarians are satisfied with the new law banning smoking in all public places. 11 percent feel the law doesn't go far enough. To view the poll results, click here.

Federal legislation

• On June 27, 2007, Correctional Service Canada announced that it will be implementing a total smoking ban at all federal correctional facilities. The ban will come into force by April 30, 2008 and will make both indoor and outdoor areas 100% smoke-free.

• On May 15, 2007, federal Minister of Labour, the Honourable Jean-Pierre Blackburn, announced the federal government's intention to amend regulations under the Non-Smokers’ Health Act to ban smoking rooms in federally-regulated workplaces. The process for the coming into force of the amendments is expected to take about 6 months, but Minister Blackburn is "strongly encouraging employers to close their smoking rooms as soon as possible and not wait for the new regulations to take effect.”

Contraband/Smuggling

• 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.

• Below are some other documents available on the contraband issue :

  • Possible government remedies to address the contraband issue
  • The Canadian Coalition for Action on Tobacco's April 2007 news release and related brochure.

• Health agencies call on the provincial government to "End the Delay: Sue Big Tobacco". See Campaign for Justice on Tobacco Fraud news release and related attachment.

• Campaign for Justice on Tobacco Fraud Media Update, "Ontario's "NO" to Tobacco Industry Cost Recovery Litigation Sets Back Similar Saskatchewan Lawsuit"

Retail Displays

• 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 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.