Things have been moving quickly in terms of legislation to prohibit
smoking in vehicles with kids. Below is an updated overview.
In Canada, there are now five provinces/territories (BC, ON, NS, PEI,
Yukon) that have brought forward legislation to prohibit smoking in
vehicles with children, and three others (NB, Man, Nfld & Lab) that have
said that they are considering it or watching what other provinces are
doing. Nova Scotia (age 19) and Yukon Territory (age 18) have adopted
legislation. Government bills have been introduced and are before
provincial legislatures in B.C. (Bill 36) and Ontario (Bill 69). The
PEI Government has tabled a draft bill. New Brunswick is considering
it. Manitoba and Newfoundland and Labrador are watching what other
provinces are doing. As well, a private member’s bill has been
introduced in Manitoba, and a news report says that an Alberta MLA will
introduce a private member’s bill. Laws have also been adopted in
Wolfville (Nova Scotia), the U.S. states of California, Maine, Arkansas
and Louisiana, the U.S. municipalities of Bangor (Maine), Keyport (New
Jersey), and Rockland County (New York), as well as Puerto Rico and the
Australian states of South Australia and Tasmania.
Laws Banning Smoking in Vehicles Carrying Children – International Overview
Canadian Cancer Society : August 1, 2008
Summary: Laws prohibiting smoking in vehicles carrying children have been adopted in the Canadian provinces/territories of Nova Scotia, Ontario, British Columbia and the Yukon Territory, the Canadian municipalities of Wolfville (Nova Scotia), Surrey (British Columbia) and Okotoks (Alberta), the U.S. states of California, Maine, Arkansas, and Louisiana, the U.S. municipalities of Bangor (Maine), Keyport (New Jersey), West Long Branch Borough (New Jersey) and Rockland County (New York), as well as South Africa, Puerto Rico and the Australian states of South Australia and Tasmania. In Canada, the provinces Prince Edward Island (draft bill announced) and Manitoba (announcement by Premier) are moving forward with legislation. In Australia, the Governments of the Australian Capital Territory and the states of Victoria, Queensland and New South Wales are also considering bringing forward such legislation.3 In the U.S., bills are currently before several U.S. state legislatures.
Listed below are the jurisdictions, the applicable age, the date of coming into force, and the date the law was adopted. Applicable age refers to under the age, thus “19″ (for example) means that smoking is prohibited in a vehicle carrying someone under age 19.
Jurisdiction Applicable Age Date Law Date Law
in Force Adopted
1. Nova Scotia 19 April 1, 2008 Dec. 13, 2007
2. Yukon Territory 18 May 15, 2008 Apr. 22, 2008
3. British Columbia 16 date to be set May 29, 2008
4. Ontario 16 Jan. 21, 2009 June 18, 2008
5. Wolfville, Nova Scotia 19 June 1, 2008 Nov. 19, 2007
6. Surrey, British Columbia 19 July 31, 2008 July 14, 2008
7. Okotoks, Alberta 16 Sept. 1, 2008 July 15, 2008
8. Arkansas if car seat required[i] July 21, 2006 Apr. 10, 2006
9. Louisiana 13[ii] Aug. 15, 2006 July 5, 2006
10. California 18 Jan. 1, 2008 Oct. 10, 2007
11. Maine 16 Sept. 1, 2008 Apr. 10, 2008
12. Bangor, Maine 18 Jan. 18, 2007 Jan. 8, 2007
13. Keyport, New Jersey 18 Apr. 26, 2007 Apr. 24, 2007
14. Rockland County, N.Y. 18 June 21, 2007 June 15, 2007
15. West Long Branch Borough, NJ 18 June 9, 2007 June 6, 2007
Australian states and territories[iii]
16. South Australia 16 May 31, 2007 Apr. 5, 2007
17. Tasmania 18 Jan. 1, 2008 Dec. 19, 2007
18. South Africa 12 date to be set Feb. 23, 2008
19. Puerto Rico 13 Mar. 2, 2007 Mar. 2, 2006
(US Commonwealth in Caribbean)
In Arkansas, a car seat is required when a child is less than six years of age and weighs less than sixty pounds (per s. 27-34-104(b) of the Arkansas State Code).
Louisiana Revised Statue 32:295 sets out various rules for car seat and seat belt use that apply to all child passengers up to and including age 12.
For the state of New South Wales, see “Smoking ban to hit parents in NSW cars” The Daily Telegraph, Nov. 9, 2007.
For the Australian Capital Territory, see Media Release, Jon Stanhope, Chief Minister, Australian Capital Territory, June 6, 2007:
For Queensland, see Queensland Government Joint Statement, Premier – The Honourable Anna Bligh, Minister for Health – The Honourable Stephen Robertson, “Bligh Government toughens anti-smoking legislation” May 26, 2008; see also “Bligh bans smoking in cars with kids”, The Daily Telegraph, May 26, 2008:
For Victoria, see “MP introduces bill to ban youth smoking”, ABC News, June 12, 2008: Bill 65, Tobacco (Control of Tobacco Effects on Minors) Bill 2007 (see section 4), This bill was adopted by the Legislative Council on June 25, 2008, followed by the Legislative Assembly returning the bill back to the Legislative Council with a message that the bill seeks an appropriation from the Consolidated Fund.
On Thursday Nov. 27, Manitoba’s Minister of Infrastructure and Transportation, Ron Lemieux, introduced Bill 5, The Highway Traffic Amendment Act (Promoting Safer and Healthier Conditions in Motor Vehicles). The bill would ban smoking in vehicles carrying children under age 16, with the bill to come into effect on a date to be fixed by proclamation. Four provinces/territories have banned smoking in vehicles carrying children: Yukon (age 18); B.C. (age 16); Ontario (age 16), N.S. (age 19). A draft bill was tabled for comment in PEI (age 19). The Government’s news release and several news items are below To see the bill, visit:
Bill 5 would also ban use of cell phones or hand held electronic devices by drivers, with some exceptions.
Earlier, on Monday Nov. 24, opposition Liberal MLA Kevin Lamoureux had reintroduced his bill to ban smoking in vehicles carrying children under age 12. To see Bill 201, The Non-Smokers Health Protection Amendment Act (Protecting Children from Second-Hand Smoke in Motor Vehicles), visit:
Previously, on Thursday Nov. 20, the Manitoba Government’s Throne Speech included the following:
“This year our government will introduce new legislation to ban smoking in cars when children are present and the use of hand-held cellphones or text messaging devices while driving.”
Manitoba Government, News Release, November 27, 2008
PROPOSED BAN ON HAND-HELD CELL PHONE USE, TEXT MESSAGING WHILE DRIVING WOULD ENHANCE PUBLIC SAFETY: LEMIEUX
- – -
Proposed HTA Amendments Would Also Ban Smoking in Vehicles When Children are Present
Proposed amendments to the Highway Traffic Act (HTA) introduced in the Manitoba legislature today would ban text messaging and talking on hand-held cell phones while driving, as well as smoking in cars when children under the age of 16 are present, Infrastructure and Transportation Minister Ron Lemieux has announced.
“We all know how important it is to pay full attention while behind the wheel, and imposing such a law removes a major distraction, helping to ensure motorists focus their attention on what matters most – the road,” said Lemieux. “This legislation renews our government’s commitment to increasing safety on the province’s roads.”
“Second-hand smoke increases a child’s risk of developing a serious respiratory illness,” said Healthy Living Minister Kerri Irvin-Ross. ”This new legislation will help protect Manitoba children from exposure to the harmful effects of second-hand tobacco smoke.”
“Physicians are very supportive of all these amendments and commend the Manitoba government for taking these steps to protect Manitobans,” said Dr. Robyn Olson, president of the Manitoba Medical Association (MMA). “There is strong evidence of the dangers second-hand smoke creates and this goes a long way to clearing the air for all.”
Olson also noted the MMA conducted a survey in May 2007 and found that 75 per cent of Manitobans supported a ban on cell phone use while driving.
Newfoundland, Nova Scotia and Quebec have comparable bans on hand-held cell phones. Ontario has also recently introduced legislated proposals banning the use of hand-held cell phones while driving.
Several jurisdictions have introduced prohibitions on smoking in vehicles with children present including British Columbia, Ontario, Nova Scotia and the Yukon.
Manitoba’s proposed legislation would allow for the use of hands-free communication devices when used in a hands-free manner.
Lemieux noted an extensive public education campaign will be rolled out to inform the public and give motorists access to the information they need prior to the proposed amendments becoming law.
- 30 -
Manitoba introduces bill to limit cellphone use, smoking in cars The Canadian Press
Nov. 27, 2008
WINNIPEG – Proposed legislation could see Manitoba drivers facing fines for using hand-held cellphones or for smoking if children were in a vehicle.
The NDP government has introduced a bill aimed at increasing road safety and protecting young people from second-hand smoke.
Similar to laws in other provinces, the legislation would prevent drivers from using hand-held devices such as phones or text-messaging equipment unless they pulled over to the side of the road.
The law would also ban anyone from smoking in a car if a child under 16 were present.
Drivers who didn’t comply would face fines of at least $195.
Transportation Minister Ron Lemieux can’t say when the bill might become law, but adds there will be a public education campaign first to warn people about the new rules.
Manitoba to force drivers to hang up, butt out CBC.CA News Nov. 27, 2008 [Winnipeg]
Manitoba’s NDP government has followed other jurisdictions by moving to ban drivers from talking on a hand-held phone while behind the wheel.
The province also plans to levy fines against drivers who smoke with children under 16 in the car.
“We all know how important it is to pay full attention while behind the wheel,” Infrastructure and Transportation Minister Ron Lemieux said as the government introduced the legislation Thursday.
Manitoba’s Healthy Living Minister Kerri Irvin-Ross said doctors support the effort to curb the spread of second-hand smoke. “This new legislation will help protect Manitoba children from exposure to the harmful effects of second-hand tobacco smoke,” she said.
Drivers caught using a cellphone behind the wheel will be fined $190, officials said. And anyone caught smoking with a youngster in the car faces a $220 fine.
Newfoundland, Nova Scotia and Quebec have similar bans on hand-held cellphones. Ontario has also recently introduced similar changes to the law. At least six U.S. states have similar bans.
Several jurisdictions have introduced prohibitions on smoking in vehicles with children present including British Columbia, Ontario, Nova Scotia and the Yukon.
Manitoba’s proposed legislation would allow for the use of hands-free mobile phones.
Police will be expected to enforce the changes in the Highway Traffic Act in the same way as the current seatbelt law is enforced.
A public education campaign will be rolled out before the proposed amendments become law.
The new measures come about at a time when the Doer government has announced a series of other bans. The NDP government just announced it will ban logging operations in all but one of Manitoba’s 80 parks by April 1, 2009.
And a ban on non-biodegradable plastic bags will be phased in over two years.
In New Brunswick, Bill 47, An Act to Amend the Tobacco Sales Act,
received Third Reading and Royal Assent on Wed. April 30. This bill
bans retail displays effective January 1, 2009. The bill was adopted
without amendments. Hansard is not available on-line. To see the bill,
bilingual pdf: http://www.gnb.ca/legis/bill/pdf/56/2/Bill-47.pdf
March 28, 2008 – First Reading
April 29, 2008 – Second Reading
April 29, 2008 – approval in Committee of the Whole
April 30, 2008 – Third Reading
April 30, 2008 – Royal Assent
12 of 13 provinces/territories have now adopted legislation to ban
retail displays – the only exception is Newfoundland and Labrador.
Sales of contraband tobacco are skyrocketing and now account for one in three cigarette purchases across the country, according to a new study by the tobacco industry.
Police are seizing more and more contraband smokes each year. But industry leaders say the seizures are merely drops in the bucket and want governments and police to target large-scale manufacturing plants on aboriginal reserves.
“The seizure of illegal tobacco products from the small-time distributors is really addressing the tail end of the problem,” Benj Kemball, president of Imperial Tobacco, said Tuesday from the company’s Montreal headquarters.
“It’s important that you get to both the illegal manufacturing operations as well as the criminal networks that are taking these products off reserves and distributing them across Canada.”
The study, funded by the Canadian Tobacco Manufacturers’ Council and conducted by independent market research firm GfK Research Dynamics, surveyed 2,046 adult smokers in May and June.
Among respondents, 32.7 per cent said they had purchased illicit tobacco products within the previous seven days – up from 22 per cent in 2007 and 16.5 per cent in 2006.
The numbers were highest in Ontario, at 48.6 per cent, and lowest on the Prairies at under four per cent.
Respondents were interviewed in their homes, so the survey team asked to see their cigarettes. Illegal smokes were on hand in 19.3 per cent of homes nationwide and 29 per cent of homes in Ontario.
The GfK Research Dynamics survey is considered accurate within plus or minus 2.2 per cent, 19 times out of 20.
The RCMP say the study, obtained this week by The Canadian Press, is not industry hype – it matches what they’re seeing on the street.
“In our area, we’re way over the amount we seized last year,” Sgt. Michael Harvey said from the RCMP detachment in Cornwall, Ont., near the heart of the contraband trade.
Industry officials and police say the vast majority of illegal cigarettes are manufactured on the American side of reserves that straddle the border in eastern Ontario and southern Quebec. They are then shipped up and down the Trans-Canada Highway in cars, vans and trucks.
Mounties managed to shut down one manufacturing facility on the New York side of the Akwesasne reserve in 2006, and arrested 12 people as part of an alleged smuggling and manufacturing ring. But such efforts take a lot of time and effort.
“Unfortunately, those operations take 14 to 18 months to complete,” Harvey said.
“In the meantime, we can’t ignore the fact that there’s cigarettes coming across every day from those 13 (other) factories.”
The federal government has promised to beef up enforcement efforts. Public Safety Minister Stockwell Day announced a plan in May to target illegal manufacturing plants and disrupt distribution networks.
Police say another challenge is convincing law-abiding citizens to stop buying contraband cigarettes, which can sell for less than a quarter of the price of legal smokes.
“These products are being trafficked by criminal networks who also deal in alcohol, drugs and firearms,” Kemball said.
“It’s not just an economic problem … it’s a social problem that really does threaten the fabric of society in terms of widespread criminal acts.”
Le mardi 09 septembre 2008
Tabac: les cigarettes de contrebande représentent le tiers des achats
La Presse Canadienne
Les ventes de cigarettes de contrebande sont en expansion continue et représentent maintenant le tiers des cigarettes achetées au Canada, selon une nouvelle étude effectuée pour le compte de l’industrie du tabac.
Les forces de l’ordre saisissent de plus en plus de produits de tabac illégaux à chaque année, mais les manufacturiers voudraient que les gouvernements s’attaquent plutôt aux usines installées sur les réserves autochtones.
Pour conduire l’étude financée par le Conseil canadien des manufacturiers du tabac, la firme de marketing GfK Research Dynamics a interrogé 2046 fumeurs adultes au pays aux mois de mai et juin.
L’étude a démontré que 32,7 pour cent des personnes sondées ont dit avoir acheté des cigarettes de contrebande au moins une fois pendant la semaine précédant leur rencontre avec les sondeurs. Cette statistique était de 22 pour cent en 2007 et 16,5 pour cent en 2006.
C’est en Ontario que la proportion de fumeurs ayant acheté des cigarettes de contrebande est la plus élevée, à 48,6 pour cent, et dans les Prairies que cette proportion est la moins élevée, à moins de 4 pour cent.
Cette recherche comporte une marge d’erreur de 2,2 pour cent, 19 fois sur 20.
La police reconnaît que la majorité des cigarettes de contrebande vendues au pays sont fabriquées du côté américain des réserves autochtones qui chevauchent la frontière canado-américaine dans l’est de l’Ontario et le sud du Québec.
B.C. Opposition Health Critic to introduce bill to ban flavoured cigarillos
Below is a news release of today from B.C. NDP Health Critic Adrian Dix in which he indicates that he will introduce a private member’s bill in the next legislative session (Spring 2009). Also below is a news release from PSC in response.
For a link to the NDP backgrounder that accompanied the NDP media release, In speaking to the media today, Adrian Dix stated that the government already had the authority, under existing provincial tobacco legislation, to ban flavoured cigarillos.
National momentum on this issue continues, with Ontario legislation adopted at third reading last week on Dec. 4; a Sept. 17, 2008 election commitment by Prime Minister Harper; a federal private member’s bill introduced June 16, 2008 (previous Parliament); a private member’s bill introduced in N.S. on May 7, 2008; a Nov. 28, 2008 PEI Legislative Committee recommendation that tobacco legislation be reviewed immediately in response to concerns including regarding flavoured cigarillos; and a pending private member’s bill in B.C. (announced Dec. 10, 2008 for Spring 2009 introduction).
Dec. 10, 2008
DIX CALLS FOR STRICTER REGULATION OF CIGARILLOS:
BAN FLAVOURING AND SALE OF SINGLES
VICTORIA - New Democrat health critic Adrian Dix is calling on the Campbell government to implement stricter regulation of cigarillos, including the banning of flavouring and the sale of singles.
“Physicians for a Smoke Free Canada have said that cigarillos are the new cigarettes for kids,” said Dix. “Despite having similar health risks, cigarillos are not regulated in the same way. For example, cigarillos can be sold in singles and the packaging is not required to carry health warnings. It is time for that to change.
“The various flavours available, including chocolate and raspberry, make cigarillos attractive to youth,” said Dix. “They are also sold individually, making them more affordable. In fact, they are comparable in price with candy bars and soda pop.”
Dix will introduce a Private Members’ Bill in the next legislative session to make cigarillos less attractive for youth by banning flavouring agents and prohibiting them from being sold in packages of less than 20.
Dix also wants to ensure that cigarillos include the same health information, health warnings and toxic constituent information that are on cigarette packages.
According to Health Canada, young Canadians use cigarillos at three times the rate of adults. “This is clearly a youth phenomena, and the way the product is being marketed reflects that,” said Dix.
“We all know the risks associated with smoking,” said Dix. “Tobacco products should not be allowed to mask their harmfulness in tasty flavours and attractive packaging. If we are really committed to keeping youth away from smoking, then including cigarillos as a fully regulated tobacco product makes sense.”
Dec 10, 2008 14:30 ET
B.C. Legislation to Ban Flavoured Tobacco is a Welcome Development
Attention: Health/Medical Editor, News Editor
OTTAWA–(Marketwire – Dec. 10, 2008) – Physicians for a Smoke-Free Canada (PSC) today welcomed the announcement by B.C. MLA, Adrian Dix, that he plans to introduce a private member’s bill to clamp down on the marketing of kid-friendly tobacco products.
“We are delighted that communities across Canada are pushing for stronger laws to protect young people and others from tobacco marketing, and that political support in all quarters and regions is growing,” said PSC’s executive director, Cynthia Callard.
“Private member’s legislation has been the driver of tightening the laws on flavoured tobacco products in Nova Scotia, Ontario, in the federal parliament, and now in B.C.,” said Callard. “We hope that the B.C. legislature will give the same quick passage as in Ontario.”
On December 4, 2008, the Ontario legislature gave third reading to a private member’s bill, co-sponsored by Ms. France Gélinas and Mr. Dave Levac, that had been introduced only a month before. Private Member’s legislation has also been introduced in Nova Scotia by MLA, Joan Massey and in the federal parliament by MP Judy Wasylycia-Leis.
“The actions today of Mr. Dix show us again how important and valuable it is for elected representatives to be ready to take speedy action when tobacco companies invent new marketing gimmicks to attract new smokers,” said Ms. Callard.
“We hope that measures will soon be in place across Canada to ban flavoured and other new tobacco products,” she said.