NLIS 4
December 5, 2000
(Health and Community Services)

Minister to introduce amendments to tobacco legislation

Health and Community Services Minister Roger Grimes will introduce legislation in the House of Assembly today which would amend the existing Tobacco Control Act and the Smoke-free Environment Act.

The proposed amendments are designed to further limit young people�s access to tobacco products, broaden the restrictions on smoking in public places, and better enforce anti-tobacco legislation.

Minister Grimes said the Tobacco Control Act and the Smoke-free Environment Act were enacted in 1994 to prevent young people from purchasing tobacco products and to reduce or eliminate smoking in a variety of public facilities.

"These legislative initiatives, coupled with ongoing campaigns to educate the population about the dangers of smoking, have had a positive effect," Minister Grimes said. "However, many young people continue to gain access to tobacco products and many restaurant patrons and others are still being exposed to second-hand smoke against their will."

Minister Grimes announced that, with respect to the Tobacco Control Act, government is proposing:

• to provide for an eventual ban on the sale of tobacco products and tobacco accessories from pharmacies in Newfoundland and Labrador;

• to require photo identification of any person actually or apparently 19 years of age who wishes to purchase tobacco or tobacco products;

• to include convictions under the federal Tobacco Act as prior convictions when considering the judicial consequences of violations to the provincial Tobacco Control Act; and

• to amend passages of the Tobacco Control Act to provide greater clarity as to the intent of the provisions.

With respect to the Smoke-free Environment Act, government is proposing:

• to provide for a complete ban on smoking in restaurants and other public places frequented by children, effective January 1, 2002; and

• to increase the enforcement option available to inspectors by providing them with the ability to issue provincial offence tickets to violators of the Act.

The Health and Community Services Minister noted the amendments have met with the approval of the Alliance for the Control of Tobacco (ACT), whose more than 50 members include the Lung Association of Newfoundland and Labrador, the Canadian Cancer Society, the Newfoundland and Labrador Medical Association, the Heart and Stroke Foundation, the Health Boards Association, the Newfoundland and Labrador Pharmaceutical Association, the Association of Registered Nurses of Newfoundland and Labrador, the Faculties of Medicine and Nursing at Memorial University and more.

"These legislative amendments are part of an aggressive agenda being undertaken by this government to reduce the harmful effects of smoking on our population - now and into the future," Minister Grimes said.

"We have a responsibility to protect our citizens from the health risks associated with second-hand smoke and to discourage our young people from acquiring this dangerous habit."

Minister Grimes noted it is particularly important to protect young children from the negative effects of second-hand smoke, as children are most vulnerable to its harmful effects during their early development. In Newfoundland and Labrador, an estimated 8,000 cases of childhood illness occur every year as a result of exposure to second-hand smoke.

In addition to today�s announcement, Minister Grimes pointed to several recent initiatives which represent government�s overall tobacco reduction strategy and long-term commitment to reducing the health risks associated with smoking. The programs have, for the most part, been directed at teenagers.

"It is extremely important for us to present young people with the facts about smoking so they can make informed choices about an activity which impacts so negatively on their personal health," Minister Grimes said.

Since making provision for the formation of the Alliance for the Control of Tobacco (ACT) in January 1999, government has actively supported several projects designed to bring the anti-smoking message home to young people. They include the Teen Tobacco Team (TTT) formed one year ago, the Kick the Nic stop smoking campaign, which is currently being piloted in schools throughout the province, and the popular "Smoking Sucks� campaign, which features three Newfoundland teens who appear in television, print and radio ads. Its web site is located at www.smokingsucks.nfld.net

Media contact: Carl Cooper, Communications, (709) 729-1377.

Fact Sheet
Proposed amendments to the Smoke-free Environment Act

Government will introduce legislation today to amend the Smoke-free Environment Act to further restrict smoking in public places and to strengthen enforcement efforts. The amendments, if passed, are scheduled to come into effect January 1, 2002.

• The Act currently prohibits smoking in a variety of indoor public areas, including acute health care facilities, child care centres, schools, recreational facilities, retail stores and vehicles used to carry paying passengers. It allows, however, for designated smoking areas in restaurants and certain other public spaces.

• The proposed amendments to the Smoke-free Environment Act will result in a complete ban on smoking in restaurants and other public places frequented by children (hotel lobbies, malls, etc.) and provide inspectors with the authority to issue provincial offence tickets for violations.

• This ban does not extend to bars or gaming rooms (i.e. bingo halls), where children would not normally be permitted access.

• The ban will significantly reduce the public�s risk of exposure to environmental tobacco smoke (second-hand smoke), particularly for children, who are most vulnerable from the perspective of early growth and development.

• In Newfoundland and Labrador, an estimated 8,000 cases of childhood illness occur every year as a result of exposure to second-hand smoke.

• Second-hand smoke has been shown to be linked to a variety of health problems, including lung cancer, heart disease and other cardiovascular illnesses.

• For every eight smokers tobacco kills, one non-smoker is killed by second-hand smoke. This translates into more than 80 deaths in this province each year.

• In recent years, there has been a greater understanding of the negative effects of cigarette smoke on both the smoker and those around them. As such, many restaurants and public places have chosen to be "smoke-free", including the three largest shopping centres in St. John�s - the Avalon Mall, Village Shopping Centre and Sobey�s Square Shopping Centre - which adopted smoke-free policies as of May 1, 2000.

• Studies have shown that smoke-free environment laws have actually improved business, particularly those related to tourism traffic, or have had little effect on business revenues.

• Enabling government inspectors to issue provincial offence tickets for violations to the Smoke-free Environment Act is expected to reduce the burden on the Provincial Court system, which has been handling violations to date.

Fact Sheet
Proposed amendments to the Tobacco Control Act

• In May 1999, government amended the Tobacco Control Act to require retailers to be licensed to sell tobacco products.

• Meanwhile, "test shopper" trials undertaken routinely throughout the province indicate that some retailers are still selling tobacco products to individuals who are under the age of 19.

• While there is an increased understanding among Newfoundlanders and Labradorians as to the effects of smoking, many people, especially young people, continue to smoke and pick up this habit.

• According to the National Clearinghouse on Tobacco and Health, smoking kills nearly 1,000 people in Newfoundland and Labrador every year, claiming more lives than all other cases of preventable death combined. The Canadian Tobacco Monitoring Survey reported in 1999 that the smoking rate for teens aged 15-19 has remained steady at 28 per cent since 1996 and is at almost the same level as in 1994 (27 per cent). In Newfoundland and Labrador, a 1998 Student Drug Use survey indicated that well over one-third (38 per cent) of students reported smoking more than one cigarette in a 12-month period prior to the survey. This was similar to results reported in a 1996 survey (36.7 per cent)

• Government will today propose amendments to the Tobacco Control Act which would further limit young people�s access to tobacco products and strengthen efforts to enforce penalties on those who violate the Act.

• provide for a ban on the sale of tobacco products and tobacco accessories from pharmacies in Newfoundland and Labrador;

• require photo identification to prove an individual who wishes to purchase tobacco or tobacco products is 19 years of age or more;

• include convictions under the federal Tobacco Act as prior convictions when considering the judicial consequences of violations to the provincial Tobacco Control Act; and

• amend passages of the Tobacco Control Act to provide greater clarity as to the intent of the provisions.

• By making it more difficult for youth to purchase tobacco, it is believed that fewer young people will access these products and therefore fewer will smoke.

• Requiring retailers to ask for photo identification from people who appear aged 19 or less will remove the "guesswork" in determining whether the individual is actually 19 years old and legally able to purchase cigarettes.

• The majority of the amendments would come into effective immediately. However, the ban on the sale of tobacco products in pharmacies would come into effect at a later date, to be determined by Cabinet following passage of the Bill. This is to allow pharmacy owners time to plan for the new measures and adjust their actions accordingly.

• The provinces of Ontario, Quebec, Nova Scotia and New Brunswick have implemented legislation banning the sale of tobacco from pharmacies.

• The amendments, if passed, will explicitly provide the authority for inspectors to remove a tobacco licence from wholesale or retail premises where the licence has been suspended or revoked.

• It is anticipated that linking convictions under the federal Tobacco Act and the provincial Tobacco Control Act will serve as a greater deterrent to retailers from selling tobacco to minors as there is a correlation between the severity of the penalty and the number of convictions. For example: if a retailer is found guilty of a violation of the provincial Tobacco Control Act, a first time offence carries a fine of up to $500 and prohibits that retailer from selling tobacco products for three months. However, if that retailer has a prior conviction under the federal Tobacco Act, it will count as a prior conviction under the provincial Act. The penalty for the violation then becomes a fine of up to $2,500 and the prohibition of selling tobacco for six months. A third offence - and any subsequent offence - carries a fine of $5,000 and prohibits the retailer from selling tobacco products for nine months.

• These legislative amendments are in line with the Provincial Tobacco Reduction Strategy which is aimed at the prevention, protection, cessation and denormalization of smoking.

2000 12 05 11:40 a.m.