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In Depth

Smoking

Timeline of Canadian Tobacco Laws

Last Updated June 29, 2007

June 28, 2007:
The Supreme Court of Canada upholds the 1997 Tobacco Act, which severely restricts tobacco companies' right to advertise. The companies had argued that the law infringed on their freedom of expression. The court ruled unanimously that the regulations were a reasonable limit that can be justified under the Charter of Rights and Freedoms. The companies said they would soon resume the limited advertising they are allowed: through direct mail, in places where young people are prohibited and in some adult-oriented magazines.

Feb. 14, 2007:
A lawyer with the City of Calgary says hookah bars that offer water-pipe smoking without tobacco products aren't breaking the city's new smoking ban.

Jan. 18, 2007:
The Manitoba Court of Appeal agrees to hear the provincial government's appeal of a lower court ruling that forced it to extend its smoking ban to include First Nations bars and gaming establishments.

Jan. 17, 2007:
The Ontario government allows government-owned casinos in Windsor and Niagara Falls to build shelters for smokers. Under Ontario law, bar and restaurant owners are not allowed to build such shelters, although other businesses, such as offices and factories, are.

Jan. 1, 2007:
Public smoking bans come into effect in Calgary and Lethbridge, Alta. The Calgary law gives one-year exemptions to casinos, bingo halls and businesses that have separate ventilated smoking rooms. Lethbridge has exemptions for patios and employee smoking rooms.

Dec. 1, 2006:
A new law in Nova Scotia bans smoking in all public places, including restaurant and bar patios. The only exception is for designated rooms in nursing homes and long-term care facilities.

Nov. 20, 2006:
Quebec Superior Court rejects a challenge of the province's smoking law from a bar owners consortium.

Nov. 9, 2006:
Imperial Tobacco, Rothmans, Benson & Hedges and JTI-Macdonald announce they will voluntarily phase out the use of "light" and "mild" on their cigarette packaging in Canada.

Sept. 15, 2006:
The B.C. Court of Appeal rules that 15 multinational tobacco companies are subject to the province's law allowing the government to sue cigarette companies for the cost of treating smoking-related illnesses.

Aug. 15, 2006:
A judge on the Court of Queen's Bench in Manitoba strikes down the part of Manitoba's smoking ban that exempts First Nations reserves, ruling that it discriminates against businesses outside reserves and violates the Charter of Rights.

May 31, 2006:
Laws banning smoking in all enclosed public places come into effect in Ontario and Quebec. The Ontario law also includes a ban on any tobacco displays that serve as decoration or promotion.

Sept. 29, 2005:
The Supreme Court of Canada rules that the British Columbia government can sue cigarette companies for the cost of treating smoking-related illnesses dating back 50 years and into the future.

A provincial court judge in Manitoba upholds the province's anti-smoking law despite a court challenge by a bar owner who argued that the law discriminates on the basis of race because it does not apply on native reserves.

Aug. 22, 2005:
The Quebec Court of Appeal upholds most of the federal Tobacco Act from 1997, but said it is unfair to forbid tobacco companies from exhibiting their company names when they sponsor an event. However, the companies are still not able to sponsor an event using a brand name.

March 18, 2005:
The Supreme Court of Canada says provinces that want to limit tobacco displays have the right to do so. The court issues its reasons for a January 2005 ruling that allowed Saskatchewan to reinstate a law ordering storeowners to keep tobacco products behind curtains or doors.

Feb. 25, 2005:
The Manitoba government joins British Columbia's Supreme Court fight to recover $10 billion in health-care costs from cigarette companies.

Feb. 21, 2005:
The Quebec Superior Court certifies two class-action lawsuits seeking billions of dollars in damages against three tobacco companies operating in Quebec. The lawsuits allege damages on the part of millions of Quebecers as a result of addiction to tobacco products and smoking-related illnesses.

Feb. 5, 2005:
The Ontario Superior Court throws out what could have been Canada's biggest class-action lawsuit. Three complainants wanted $1 million each for damages. They also wanted money to pay for nicotine addiction centres. If the judge had approved the suit everyone who had ever smoked in Ontario would have automatically been included.

January 2005:
The Supreme Court of Canada rules that Saskatchewan can reinstate a controversial law that forces store owners to keep tobacco products behind curtains or doors. The so-called "shower curtain law" was passed in 2002 to hide cigarettes from children but was struck down a year later by an appeal court.

December 2004:
The Supreme Court of Canada agrees to hear an appeal of the B.C. Court of Appeal's ruling that the Tobacco Damages and Health Care Costs Recovery Act is constitutionally valid. The appeal is filed by lawyers acting for the tobacco council as well as Imperial Tobacco Canada, Rothmans, Benson and Hedges, JTI-Macdonald, and a number of international tobacco companies.

May 2004:
B.C.'s Court of Appeal rules unanimously that the Tobacco Damages and Health Care Costs Recovery Act is constitutionally valid. The act is designed to make tobacco companies pay for the cost of treating health problems caused by smoking.

June 2003:
The B.C. Supreme Court rules the province's Tobacco Damages and Health Care Recovery Act is unconstitutional because it goes beyond the provincial government's power.

August 2001:
Federal Health Minister Allan Rock announces legislation will be introduced in the fall to prevent cigarettes from being marketed under the terms "light" or "mild." Rock says cigarette companies have been deceiving the public since the marketing terms were introduced in 1976 and "all cigarettes are totally unacceptable."

June 2000:
Law passed that requires cigarette packages to carry one of 16 new health warnings that cover half of the cigarette pack and include graphic images such as cancerous lungs and diseased mouths. The new warning labels appeared on packages starting in January 2001:

  • Cigarettes are highly addictive
  • Children see children do
  • Cigarettes hurt babies
  • Tobacco use can make you impotent
  • Don't poison us
  • Tobacco smoke hurts babies
  • Cigarettes cause strokes
  • Cigarettes cause mouth diseases
  • Each year the equivalent of a small city dies from tobacco use
  • Cigarettes leave you breathless
  • Cigarettes are a heartbreaker
  • Cigarettes cause lung cancer (1)
  • Cigarettes cause lung cancer (2)
  • Idle but deadly
  • Where there's smoke there's hydrogen cyanide
  • You're not the only one smoking this cigarette

February 1999:
New regulations come into effect requiring retail establishments that sell tobacco to post signs that read "It is prohibited by federal law to provide tobacco products to persons under 18 years of age. Il est interdit par la loi fédérale de fournir des produits du tabac aux personnes âgées de moins de 18 ans."

April 1997:
Ottawa passes the Tobacco Act, which replaces the Tobacco Sales to Young Persons Act and the Tobacco Products Control Act. The new legislation provides standards for tobacco products, regulates access to tobacco, sets the rules for labeling and promotion of tobacco products, and puts in place rules for enforcing tobacco laws.

1994:
Legislation requires cigarette packs to carry new warning messages more prominently than before:

  • Cigarettes are addictive
  • Tobacco smoke can harm your children
  • Cigarettes cause fatal lung disease
  • Cigarettes cause cancer
  • Cigarettes cause strokes and heart disease
  • Smoking during pregnancy can harm your baby
  • Smoking can kill you
  • Tobacco smoke causes fatal lung disease in non-smokers

1993:
The legal age to buy cigarettes is raised to 18.

January 1989:
Tobacco Products Control Act (BillC-51) is passed, replacing the Tobacco Control Act. Cigarette manufacturers are required to list the additives and amounts for each brand.

May 1988:
The Tobacco Sales to Young Persons Act (TSYPA) is passed, replacing the 1908 Tobacco Restraint Act. The purpose of the TSYPA is to protect the health of young Canadians by restricting their access to tobacco products in light of the risks associated with the use of tobacco. It prohibits any person from selling or giving tobacco to those under the age of 18. It also requires tobacco vending machines to be removed from all public places except bars and taverns.

Ottawa passes the Non-Smokers Health Act (Bill C-204) to ensure federal workplaces are smoke-free and to prohibit passengers on aircraft, ships and trains from smoking in areas other than a designated smoking room. It also amends the Hazardous Products Act to prohibit tobacco advertising.

New legislation also requires cigarette packages to carry one of the following health warnings:

  • Smoking reduces life expectancy
  • Smoking is the major cause of lung cancer
  • Smoking is a major cause of heart disease
  • Smoking during pregnancy can harm the baby

1908:
Tobacco Restraint Act passed making it illegal to sell cigarettes to those under 16 years of age.

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