A legal history of smoking in Canada
Smoking and tobacco laws in Canada have changed considerably over the last century. Here is a look at some key points in the evolution of smoking legislation.
Sept. 12, 2012
P.E.I becomes the latest province to file a lawsuit against tobacco companies in order to recover health-care costs for tobacco-related illnesses.
June 8, 2012
The Quebec government announces it is launching a $60-billion lawsuit against 11 tobacco manufacturers. The lawsuit alleges that tobacco companies hid the health risks of smoking for several years and should be held liable.
May 31 2012
The Saskatchewan government announces it intends to join other provinces in suing the tobacco industry to recoup health-care costs.
May 30, 2012
The province of Alberta says it's planning to sue tobacco manufacturers to recover $10 billion in health-care costs.
Mar. 19, 2012
Alberta bans smoking in vehicles with children present. Under the legislation, smokers can be fined $1,000 for lighting up when someone under 18 is in the vehicle
Mar. 12, 2012
A landmark $27-billion class action case begins in Montreal against Imperial Tobacco, JTI MacDonald and Rothmans Benson & Hedges. The plaintiffs allege tobacco companies didn't warn them about risks and encouraged addiction to cigarettes.
Feb. 22, 2012
Ottawa city council passes a bylaw that bans smoking at bar and restaurant patios and at city-run beaches and parks. Smoking is also banned at any festivals held on city property.
July 29, 2011
The Supreme Court of Canada rules that the federal government cannot be held liable in lawsuits directed at recovering smoking-related health costs from tobacco companies
June 30, 2011
Nova Scotia and Manitoba announce their intention to jointly sue tobacco companies for health-care costs related to smoking between the 1950s and 1980s.
Feb. 8, 2011
Newfoundland and Labrador move ahead with a plan to sue the tobacco industry to recover smoking-related health costs. However, the suit is criticized because the government hired the former law firm of then-premier Danny Williams to seek millions in damages.
Dec. 30, 2010
The federal government says it will introduce legislation requiring tobacco companies to include larger and more graphic warning labels on cigarette packages. The new anti-smoking ads are to cover 75 per cent of packaging.
Oct. 25, 2010
Alberta says it will launch a suit against tobacco companies to recover health-care costs related to smoking.
July 5, 2010
A new law banning cigarillos and flavoured cigarettes comes into effect across Canada. The measures were contained in a 2009 amendment to the Tobacco Act.
Sept. 29, 2009
Ontario says it will sue tobacco companies for $50 billion in smoking-related health-care costs going back a half-century under the Tobacco Damages and Health Care Costs Recovery Act.
March 13, 2008
New Brunswick files a lawsuit against tobacco companies to recover health-care costs.
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.
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.
Five months later, the Alberta government says it will ban smoking in all public places and work sites in the province.
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. 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.
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.
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.
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.
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.
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. Some examples include:
- Children see children do
- Cigarettes hurt babies
- Tobacco use can make you impotent
- Don't poison us
- Each year the equivalent of a small city dies from tobacco use
- Where there's smoke there's hydrogen cyanide
- You're not the only one smoking this cigarette
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."
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.
Legislation requires cigarette packs to carry new warning message including:
- Cigarettes are addictive
- Tobacco smoke can harm your children
- Smoking can kill you
- Tobacco smoke causes fatal lung disease in non-smokers
The legal age to buy cigarettes is raised to 18.
Tobacco Products Control Act is passed, replacing the Tobacco Control Act. Cigarette manufacturers are required to list the additives and amounts for each brand.
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 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
The Tobacco Restraint Act is passed, making it illegal to sell cigarettes to those under 16 years of age.