Bill C-32 · 40th Parliament · Stephen Harper
An Act to amend the Tobacco Act
Government bill. Became law.
- IntroducedMay 26, 2009
- Debated in principleJune 3, 2009
- Studied by a committeeDone
- Passed its first chamberJune 17, 2009
- Passed the second chamberOct. 5, 2009
- Became lawOct. 8, 2009
Leading supporters
Ranked by the part each played: who is responsible for the bill, who carried it, and who spoke for it most.
- Stephen HarperPrime Minister
- Wilbert J. KeonSenate · Sponsor in the Senate
- Mr. Michael SavageCalls the bill very important public health legislation and explains its protections for youth.
- Luc Malostates all measures keep with the bill's objective and notes unanimous passage
- Judy Wasylycia-Leisexplicitly rises in support and calls the bill historic and significant
- Colin Carrieurges all members to support the bill and calls changes crucial
- Jim MalowayStates explicitly that the party supports the bill and notes the government's action on it.
- Jane CordySenate · SenatorShe supports the bill as it curbs marketing of flavoured tobacco to youth.
Who carries this bill
Arrows run from the person responsible to those who answer to them on this bill. The critic leads the Senate’s scrutiny and answers to no one on it.
What it set out to do
On 26 May 2009, the Minister of Health introduced Bill C-32, An Act to amend the Tobacco Act, in the House of Commons and it was given first reading. Among other things it: • repeals the exception that permits tobacco advertising in publications with an adult readership of not less than 85%; • extends the minimum quantity provision that exists for cigarettes to little cigars and blunt wraps, requiring them to be packaged in quantities of at least 20; • prohibits the manufacture and sale of cigarettes, little cigars and blunt wraps that contain the additives set out in a new schedule to that Act, as well as the packaging of those products in a manner that suggests that they contain a prohibited additive; and • prohibits the manufacture and sale of tobacco products unless all of the required information about their composition is submitted to the Minister.
Summary by the Library of Parliament.
Where members stand
How it changed on the way
63% of the text as introduced was changed or removed by the time it became law (2,520 words introduced, 2,115 passed). A committee amended it.
substantial changeintent mostly kept
The core prohibitions on additives, packaging quantities, and information reporting were retained, but the schedule of excluded additives was expanded and exceptions for colouring agents were broadened. These adjustments added several permitted substances and allowed markings required by other laws.
- Exception for colouring agents was expanded beyond trade-marks.
Before: “Subsection (1) does not prohibit the use of a colouring agent to depict a trade-mark on a tobacco product.”
After: “Subsection (1) does not prohibit the use of a colouring agent to depict a trade-mark on a tobacco product or to display a marking required under this or any other Act of Parliament or of the legislature of a province or for any other prescribed purpose.”
- Schedule of excluded additives was lengthened with new substances.
Before: “– benzoic acid (CAS 65-85-0) and its salts – butylated hydroxytoluene (CAS 128-37-0) – citric acid (CAS 77-92-9) and its salts – fumaric acid (CAS 110-17-8) – glycerol (CAS 56-81-5) – guar gum (CAS 9000-30-0) – menthol (CAS 89-78-1) – l-menthol (CAS 2216-51-5) – l-menthone (CAS 14073-97-3) – propylene glycol (CAS 57-55-6) – sodium alginate (CAS 9005-38-3) – triacetin (CAS 102-76-1)”
After: “cellulose (CAS 9000-11-7) – citric acid (CAS 77-92-9) and its salts – ethanol (CAS 64-17-5) – fumaric acid (CAS 110-17-8) – glycerol (CAS 56-81-5) – guar gum (CAS 9000-30-0) – menthol (CAS 89-78-1) – l-menthol (CAS 2216-51-5) – l-menthone (CAS 14073-97-3) – n-propyl acetate (CAS 109-60-4) – paraffin wax (CAS 8002-74-2) – propylene glycol (CAS 57-55-6) – rosin glycerol ester (CAS 8050-31-5) – sodium acetate anhydrous (CAS 127-09-3) – sodium alginate (CAS 9005-38-3) – sorbic acid (CAS 110-44-1) and its salts – triacetin (CAS 102-76-1) – tributyl acetylcitrate (CAS 77-90-7)”
How precisely it is written
mostly preciseChallenging the law: ModerateDisputing a charge: Hard
The bill relies on defined terms, exact numerical thresholds such as twenty units per package, and a schedule listing specific additives by CAS number. Broad regulation-making powers and phrases such as 'in a manner that suggests' leave interpretive room.
Clear-cut
“at least 20 cigarettes, little cigars or blunt wraps or, if a higher number is prescribed, at least the prescribed number”
Objective count with clear fallback to regulation.“benzoic acid (CAS 65-85-0) and its salts”
Exact chemical identifiers remove ambiguity about scope.“liable on summary conviction to a fine not exceeding $300,000 or to imprisonment for a term not exceeding two years, or to both”
Fixed maximum penalties stated without qualifiers.
Discretion. Governor in Council may amend the schedule, alter the weight threshold for little cigars, prescribe packaging quantities, and make regulations on information submission, test methods, and suspension of sales.
Challenging the law itself. Broad regulatory authority and the term 'suggests' could support a vagueness or overbreadth argument under section 7 or freedom of expression.
Disputing a charge under it. Defined terms, numbered thresholds, and the enumerated schedule make it straightforward to determine whether a specific product or package breaches the rules.
Read by a language model from the royal assent text; every quoted phrase appears in the bill. A reading of the drafting, not legal advice.
Did it work?
no evaluation found
Who lobbied on it
No lobbying registration naming this bill is loaded.
Stages and dates from LEGISinfo.