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FederalPassed42nd Parliament, 1st Session

Bill S-5 explained in plain English

An Act to amend the Tobacco Act and the Non-smokers’ Health Act and to make consequential amendments to other Acts

Federal Parliament bill summary, status, timeline, sponsor, votes, and official sources.

At a glance

Jurisdiction
Federal Parliament
Legislature / Parliament
Parliament of Canada
Session
42nd Parliament, 1st Session
Bill number
Bill S-5
Full title
An Act to amend the Tobacco Act and the Non-smokers’ Health Act and to make consequential amendments to other Acts
Current status
Passed
Latest event
Royal assent received
Last updated
May 23, 2018

Official Parliament of Canada snapshot for 42nd Parliament, 1st Session. MP vote breakdowns appear when the House of Commons publishes a recorded division export for that bill. Senate and House stage details include official debate/sitting links when LEGISinfo publishes them.

Chamber
Parliament of Canada
Current Stage
Royal assent received
Latest Activity
May 23, 2018
Plain-language explanation
In plain English (our explanation)

Our plain-language take, written for civic education.

Source: By PoliticalData.ca

AI-assisted, reviewed before publishing
Short Version

This bill amends the Tobacco Act and the Non-smokers’ Health Act to regulate vaping products similarly to tobacco products, by introducing new rules for their manufacture, sale, labelling, promotion, and use in public spaces.

What It Means

This bill updates federal laws related to tobacco and vaping products to include new regulations for vaping products, such as prohibiting certain ingredients and flavours, and restricting advertising and packaging. It also amends the Non-smokers’ Health Act to cover vaping products in relation to smoking in federal workplaces and on public transportation. The bill aims to protect Canadians, particularly young people, from the health risks associated with tobacco and vaping products.

What This Bill Does
  • Amends the Tobacco Act to include regulations for vaping products, changing the Act's title to the Tobacco and Vaping Products Act.
  • Prohibits the manufacture or sale of tobacco products with prohibited additives like menthol and cloves.
  • Regulates the labelling and packaging of tobacco and vaping products, requiring certain information to be displayed.
  • Introduces new rules for the promotion and advertising of tobacco and vaping products, with restrictions aimed at preventing appeal to young people and misleading claims.
  • Adds provisions for the inspection, seizure, and forfeiture of tobacco and vaping products in cases of non-compliance.
  • Amends the Non-smokers’ Health Act to include vaping products in rules about smoking in federal workplaces and on certain modes of transportation.
  • Establishes new offences and penalties for violations of the Tobacco and Vaping Products Act and the Non-smokers’ Health Act.
  • Requires manufacturers to disclose information about their tobacco and vaping products and related research and development.
  • Introduces a mechanism for reviewing the Tobacco and Vaping Products Act three years after it comes into force and every two years thereafter.
Who Is Affected
  • Manufacturers of tobacco and vaping products.
  • Retailers of tobacco and vaping products.
  • Consumers of tobacco and vaping products.
  • Young persons (under 18 years of age) in relation to access and marketing of tobacco and vaping products.
  • Federal government employees and users of federal workplaces.
  • Users of certain modes of transportation subject to federal regulation.
  • The Minister of Health (responsible for administration and enforcement).
  • Federal inspectors and analysts.
  • Federal and provincial officials involved in administration and enforcement agreements.
  • The Governor in Council (authority to make regulations).
Rights, Duties, Or Obligations
  • Manufacturers must submit specific information about tobacco and vaping products and their emissions to the Minister.
  • Manufacturers and retailers must make certain information about tobacco and vaping products and their emissions available to the public.
  • Manufacturers and retailers must ensure products and packaging display required information about products, emissions, and health hazards.
  • Individuals are prohibited from furnishing or selling tobacco or vaping products to persons under 18 years of age.
  • Individuals involved in sending or delivering tobacco or vaping products to minors must verify the age of the recipient.
  • Manufacturers are prohibited from using certain additives in tobacco products and certain ingredients or flavours in vaping products.
  • Persons are prohibited from promoting tobacco or vaping products in ways deemed false, misleading, deceptive, or appealing to young persons.
  • Manufacturers and retailers must comply with new packaging and labelling requirements.
  • Due diligence is a defence against certain offences under the Act.
Important Dates
  • Some provisions come into force on the 180th day after Royal Assent.
  • Other provisions come into force on a day to be fixed by order of the Governor in Council, which must be after Royal Assent or after the 180th day.
  • A review of the Act is required three years after section 60.1 comes into force and every two years thereafter.
Financial Or Tax Impacts
  • The bill introduces new offences with potential fines for manufacturers and other persons, ranging from $50,000 to $1,000,000, and potential imprisonment.
  • The Minister may recover costs incurred for seized items (storage, movement, disposal) as a debt due to Her Majesty.
Enforcement Or Penalties
  • The bill establishes new offences related to manufacturing, selling, promoting, packaging, and distributing tobacco and vaping products.
  • Penalties include fines and imprisonment, with varying amounts and terms depending on the offence and whether it is a summary conviction or indictment.
  • Inspectors are authorized to enter places, examine products, seize items, and collect information for compliance verification.
  • A due diligence defence is available for certain offences.
  • The Minister can enter into administrative agreements with provinces for enforcement.
Uncertainties Or Limits
  • The bill's effective dates for many provisions are to be fixed by order of the Governor in Council, meaning they are not immediately known.
  • The specific details of regulations regarding product standards, information disclosure, prohibited additives, ingredients, flavours, and advertising are to be determined through future regulations, which are not fully detailed in the bill text.
  • The application of the Food and Drugs Act and the Canada Consumer Product Safety Act to vaping products depends on specific conditions and future regulatory amendments.
  • The bill mentions 'prescription vaping products' but the specific definition and conditions for these are outlined within the Food and Drugs Act and Controlled Drugs and Substances Act framework, which are not fully detailed here.
  • The scope of 'lifestyle advertising' and what constitutes 'appealing to young persons' relies on interpretation and future regulatory clarification.
Laws Or Regulations Affected
Tobacco Act
amends

The Act's title is changed to the Tobacco and Vaping Products Act, and new provisions are added to regulate vaping products, including their manufacture, sale, labelling, promotion, and disclosure of information. It also prohibits certain additives in tobacco products and modifies rules around promotion and packaging. Definitions are updated to include 'vaping product'.

Source: 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 15.1, 15.2, 15.3, 16, 17, 18, 19, 20, 20.1, 21, 22, 23, 23.1, 23.2, 23.3, 24, 25, 27, 28, 29, 30, 30.1, 30.2, 30.21, 30.3, 30.4, 30.41, 30.42, 30.43, 30.44, 30.45, 30.46, 30.47, 30.48, 30.49, 30.5, 30.6, 30.7, 30.701, 30.71, 31, 32, 33, 34, 35, 36, 38, 39, 40, 41, 41.1, 41.2, 42, 42.2, 42.3, 42.31, 43, 43.1, 43.2, 44, 44.1, 45, 46, 47, 48.1, 55, 58, 60, 60.1, 68, 69, 70

Non-smokers’ Health Act
amends

The Act's title is changed to 'An Act to regulate smoking in the federal workplace and on certain modes of transportation'. The definition of 'smoke' is updated to include vaping, and 'vaping product' is defined. The Act now applies to vaping products in relation to federal workplaces and public transportation.

Source: 81, 82, 83, 84, 85

Food and Drugs Act
amends

Consequential amendments are made, clarifying that the Food and Drugs Act generally does not apply to tobacco products and, with some exceptions, does not apply to vaping products as defined in the Tobacco and Vaping Products Act.

Source: 71, 72, 76

Canada Consumer Product Safety Act
amends

Consequential amendments are made, clarifying that this Act does not apply to tobacco products as defined in the Tobacco and Vaping Products Act, except for their ignition propensity and certain associated devices and parts. It also specifies that the Consumer Chemicals and Containers Regulations, 2001, do not apply to vaping products unless the regulations are amended to state otherwise.

Source: 75

Trade-marks Act
amends

Ensures that the registration of a trade-mark will not be invalidated due to compliance with the Tobacco and Vaping Products Act, and that non-use of a trade-mark because of compliance is excused.

Source: 79(2), 79(3), 53

Hazardous Products Act
amends

References to the 'Tobacco Act' in the Hazardous Products Act are updated to 'Tobacco and Vaping Products Act'.

Source: 77(1)

Consumer Chemicals and Containers Regulations, 2001
amends

These regulations will not apply to vaping products unless they are expressly amended to do so.

Source: 75(2)

Generated using AI from official bill text. Not legal advice. It is written by PoliticalData.ca for civic education, automatically checked and spot-reviewed before publishing.

Official text
Official summary
Official summary (Parliament of Canada)

The official summary published alongside the bill, shown exactly as written.

Source: Parliament of Canada (LEGISinfo)

Third-party sourceView on LEGISinfo

The pre-release version of this Legislative Summary is now available. Parliamentarians and their staff can obtain a copy by submitting a request or contacting the Library of Parliament. Members of the public can obtain a copy by the contacting the Information Service at the Library of Parliament. On 22 November 2016, the Hon. Peter Harder introduced Bill S-5, An An Act to amend the Tobacco Act and the Non-smokers’ Health Act and to make consequential amendments to other Acts, in the Senate and it was given first reading. Part 1 of this enactment amends the Tobacco Act. In order to respond to the report of the House of Commons’ Standing Committee on Health entitled Vaping: Toward a Regulatory Framework for E-Cigarettes, it amends the Act to regulate the manufacture, sale, labelling and promotion of vaping products and changes the title of the Act accordingly. It also amends certain provisions of the Act relating to tobacco products, including with respect to product standards, disclosure of product information, product sale, sending and delivery and product promotion. As well, it adds new provisions to the Act, including in respect of inspection and seizure. Part 1 also makes consequential amendments to the Food and Drugs Act and the Canada Consumer Product Safety Act. Part 2 of this enactment amends the Non-smokers’ Health Act to regulate the use of vaping products in the federal workplace and on certain modes of transportation.

This is the official summary published by the Parliament of Canada, shown verbatim. Not legal advice. PoliticalData.ca did not write or edit this text.

View on LEGISinfo

Parliamentary Process

Step 1
First reading
Nov 22, 2016
Completed

Bill S-5 completed its first reading in the Senate on November 22, 2016, and later received royal assent on May 23, 2018.

Introduction and first reading, Nov 22, 2016
End of stage activity, Nov 22, 2016
Chamber sittings
Introduction and first reading - Nov 22, 2016

During a Senate sitting on November 22, 2016, Bill S-5, aimed at amending the Tobacco Act and the Non-smokers’ Health Act, was introduced and received its first reading, alongside other routine proceedings, question period, and debates on various Senate business.

Step 2
Second reading
Mar 9, 2017
Completed

On March 9, 2017, the Senate proceeded with second reading of Bill S-5, with a response speech being a notable event during this stage of the bill's parliamentary journey.

Second reading, Mar 9, 2017
Referral to committee, Mar 9, 2017
End of stage activity, Mar 9, 2017
Chamber sittings
Debate at second reading - Dec 13, 2016

On December 13, 2016, the Senate held its sitting, primarily dedicating time to honour Senator Wilfred P. Moore's impending retirement, while also proceeding with various committee reports, motions, and debates on other legislative matters, including an adjournment on the debate for Bill S-5.

During the second reading debate on Bill S-5, Senator Petitclerc introduced the bill's objectives to standardize tobacco packaging and regulate vaping products, emphasizing youth protection and harm reduction, with other senators contributing to the discussion.

Debate at second reading - Mar 1, 2017

During a Senate sitting on March 1, 2017, routine proceedings and question period occurred, and the Senate continued its second reading debate on Bill S-5 concerning tobacco and vaping products.

Debate at second reading - Mar 9, 2017

On March 9, 2017, the Senate sat, engaging in routine proceedings, question period, and debates on various bills, committee reports, and inquiries, before adjourning.

During the Senate's second reading debate on Bill S-5, senators discussed proposed regulations for vaping products and plain packaging for tobacco, highlighting concerns about public health, youth access, and marketing, before referring the bill to committee.

Step 3
Consideration in committee
May 2, 2017
Completed

The Senate committee completed its detailed examination of Bill S-5 during sessions held in April 2017.

Committee report presented with amendments, May 2, 2017
End of stage activity, May 2, 2017
Chamber sittings
Committee report presented with amendments - May 2, 2017

On May 2, 2017, the Senate heard the presentation of a committee report on Bill S-5, debated an amendment to Bill C-6 regarding citizenship revocation for terrorists, discussed other bills including those on controlled substances and infrastructure safety, and heard various Senate statements and delayed answers to questions.

Step 4
Report stage
May 9, 2017
Completed

Bill S-5, concerning tobacco and non-smokers' health, successfully completed all legislative stages in the Senate and received Royal Assent, becoming law.

Committee report adopted, May 9, 2017
End of stage activity, May 9, 2017
Chamber sittings
Debate at consideration of committee report - May 9, 2017

The Senate adopted the twelfth report of the Social Affairs, Science and Technology Committee, recommending amendments to Bill S-5, which aims to regulate vaping and tobacco products, particularly concerning sales to minors.

Step 5
Third reading
Jun 1, 2017
Completed

Bill S-5 completed its third reading in the Senate on June 1, 2017, after a legislative journey that concluded with Royal Assent on May 23, 2018.

Third reading, Jun 1, 2017
End of stage activity, Jun 1, 2017
Chamber sittings
Debate at third reading - May 10, 2017

During the third reading debate on Bill S-5 in the Senate on May 10, 2017, senators discussed regulations for tobacco and vaping products, with a focus on plain packaging, flavour restrictions, and advertising, and an amendment was adopted.

Debate at third reading - May 11, 2017

On May 11, 2017, the Senate debated Bill S-5 at third reading, discussed other legislative matters and committee reports, and held Question Period.

Debate at third reading - May 18, 2017

The Senate proceeded with third reading debate on Bill S-5, while also conducting other routine business and discussions.

Debate at third reading - Jun 1, 2017

On June 1, 2017, the Senate received Royal Assent for Bill C-31 and engaged in third reading debates on Bills S-3, C-7, S-5, and C-18, while also discussing rule changes and the establishment of special committees.

Step 1
First reading
Jun 15, 2017
Completed

This record marks the procedural step of First Reading for Bill S-5 in the House of Commons on June 15, 2017, a bill that would later receive Royal Assent.

First reading, Jun 15, 2017
End of stage activity, Jun 15, 2017
Chamber sittings
First reading - Jun 15, 2017

On June 15, 2017, in the House of Commons, Bill S-5, concerning amendments to the Tobacco Act and Non-smokers' Health Act, was introduced and read for the first time.

Step 2
Second reading
Jan 30, 2018
Completed

The House of Commons completed its second reading of Bill S-5 on January 30, 2018, referring it to committee, before the bill ultimately received Royal Assent.

Second reading and referral to committee, Jan 30, 2018
End of stage activity, Jan 30, 2018
Chamber sittings
Debate at second reading - Nov 3, 2017

During the House of Commons second reading debate on Bill S-5, Members discussed proposed regulations for vaping products and plain packaging for tobacco, touching upon public health, youth protection, and the contraband market.

During the House of Commons second reading debate on Bill S-5, the government presented its case for regulating vaping products and implementing plain tobacco packaging, while opposition members raised concerns about market impacts and effectiveness.

During the House of Commons debate on Bill S-5 at second reading, Members of Parliament discussed proposed changes to tobacco and vaping regulations, focusing on plain packaging and the regulation of vaping products.

This record details the House of Commons' second reading debate on Bill S-5, focusing on proposed regulations for vaping products and plain packaging for tobacco, with significant discussion on public health impacts and market concerns.

Debate at second reading - Jan 30, 2018

During the second reading debate on Bill S-5 in the House of Commons, members discussed proposed regulations for vaping products and plain packaging for tobacco, expressing diverse views on their effectiveness and potential impacts.

Step 3
Consideration in committee
Mar 20, 2018
Completed

The House of Commons completed its committee examination of Bill S-5 on March 20, 2018, as part of its legislative journey before receiving royal assent.

Committee report presented with amendments, Mar 20, 2018
End of stage activity, Mar 20, 2018
Chamber sittings
Committee report presented with amendments - Mar 20, 2018

During the consideration of Bill S-5, the Standing Committee on Health presented its report with amendments, which were unanimously approved by the committee members.

Step 4
Report stage
Apr 27, 2018
Completed

The House of Commons completed its Report stage for Bill S-5 on April 27, 2018, after which the bill received Royal Assent.

Concurrence at report stage, Apr 27, 2018
End of stage activity, Apr 27, 2018
Chamber sittings
Debate at report stage - Apr 27, 2018

On April 27, 2018, Members of the House of Commons debated Bill S-5 at the report stage, discussing amendments and the bill's impact on tobacco and vaping regulation, before the bill was ultimately read the third time and passed.

Step 5
Third reading
Apr 27, 2018
Completed

The House of Commons completed the third reading of Bill S-5 on April 27, 2018, and sent a message to the Senate.

Third reading, Apr 27, 2018
End of stage activity, Apr 27, 2018
Chamber sittings
Debate at third reading - Apr 27, 2018

The House of Commons debated and passed Bill S-5 at its third reading, focusing on the regulation of vaping products and plain tobacco packaging.

Step 1
Royal assent
May 23, 2018
Royal assent, May 23, 2018
End of stage activity, May 23, 2018
Chamber sittings
Royal assent - May 23, 2018

We don't have a plain-language summary for Debates of the Senate yet. The official source linked below is the full record.

Debate and sitting links point to official parliamentary sources when LEGISinfo publishes them. Any plain-language discussion summaries should be generated from those official texts and reviewed before public display.

Vote Summary

No published recorded division

This bill does not have a published recorded division in the current official sources, so representative-by-representative vote counts are not shown.

Sponsor
Peter Harder
Senator | Progressive Senate Group (PSG) | Ontario
Jurisdiction
Federal Parliament

No published representative vote breakdown

The current official sources do not publish a recorded division breakdown for this bill, so there is no representative-by-representative table to show.

Official sources

Status, sponsor, votes, and timeline on this page are drawn from these official legislative sources and public records. Each summary above is attributed to its own source.

How this data is sourced