Debates of May 29, 2018 (day 31)

Thank you, Mr. Speaker. This motion is entitled "Smoking in Vehicles with Minors Present."

WHEREAS tobacco smoke contains more than 50 compounds that are known carcinogens;

AND WHEREAS second-hand tobacco smoke is a definitive cause of cancer in humans;

AND WHEREAS, in 2012, 34 per cent of the NWT population aged 15 and over were smokers, compared to 21 per cent in Canada;

AND WHEREAS cancer is the leading cause of death in the Northwest Territories, accounting for approximately one in four deaths each year;

AND WHEREAS the impacts of cancer on families, communities, and the healthcare system are extremely high;

AND WHEREAS health research shows that children are more vulnerable to adverse health effects from second-hand smoke exposure;

AND WHEREAS children and teenagers typically have less control over their environment than adults;

AND WHEREAS the Canadian Cancer Society supports and promotes cancer prevention, and proposes that all provinces and territories enact legislation to protect children and minors from second-hand smoke in vehicles;

AND WHEREAS eight other Canadian provinces and territories have enacted legislation against smoking in vehicles when minors are present;

AND WHEREAS the Northwest Territories Cancer Prevention Strategy 2015-2025 includes cancer prevention initiatives for children and youth;

AND WHEREAS the Community Wellness and Safety section of the revised Mandate of the Government of the Northwest Territories 2016-2019 includes several commitments for cancer prevention, including "developing and proposing updated tobacco control legislation";

NOW THEREFORE I MOVE, seconded by the honourable Member for Deh Cho, that the 18th Legislative Assembly recommend that the Tobacco Control Act be amended to include a prohibition on smoking in a vehicle when a minor is present;

AND FURTHER, that the Government of the Northwest Territories respond to this motion within 120 days. Thank you, Mr. Speaker.

Masi. The motion is in order. To the motion. Member for Yellowknife North.

Thank you, Mr. Speaker. Mr. Speaker. I spoke earlier today in my Member's statement about a number of the health implications that smoking in a vehicle would have while minors are in the vehicle. I want to share just a little bit more about different information that I have been able to collect through our research department that I think is important to share today. Hopefully, it helps garner support for today's motion.

Legal bans against smoking in vehicles when minors are present, Mr. Speaker, it is not new. This is common in Canada. There are at least eight provinces and territories that have such provisions in their legislation. Mr. Speaker, it is fairly straightforward. In some instances, for example in Alberta, their legislation as it relates to the Alberta Tobacco and Smoking Reduction has a simple statement that simply says, "Subject to section 5, no person shall smoke... in a vehicle in which a minor is present." It can be that simple.

Mr. Speaker, there is also some detail that has been provided with regard to various fines for offences. I won't get into that kind of detail here and now. I think that will be up to the government to potentially take consideration of.

In the NWT, smoking prohibition falls under the Tobacco Control Act. Part 3 of this act pertains to the protection against environmental tobacco smoke. This part prohibits smoking in a public place, which is quite broadly defined. Also, smoking in public transit and commercial vehicles is also prohibited.

Mr. Speaker, I recognize also that enforcement is an issue that some people might have concern with, but it is not easy, of course, to enforce such a law. These are the kinds of things similar to that of not using handheld devices and seatbelts that, with education and enforcement, over time these become effective ways of shaping the public's norms and producing the desired behaviour.

Mr. Speaker, I will not get much more into the health implications. I kind of described some of that in my Member's statement today. I just do want to say that there is a lot of public support for this type of law, and, besides the provinces and territories mentioned, there are numerous communities in Canada that have adopted bylaws to prohibit smoking in vehicles with minors present. The movement to adopt similar legislation is international in scope, by the way. Other jurisdictions that ban smoking in vehicles with minors present include Maine, California, Arkansas, Louisiana, Michigan, and so on. In 2008, a poll by the Canadian Cancer Society found that 82 per cent of Canadians supported a ban on smoking in cars carrying children, and that 69 per cent of smokers supported such a ban. That's smokers, Mr. Speaker.

Mr. Speaker, there are a number of jurisdictions across Canada that have implemented this, and I will be happy to share the background information and research that we have done on that with the respective department. So that is all that I have at this point. I look forward to hearing from other Members and hope for their support at the end of our proceeding. Thank you.

Masi. To the motion. Member for Deh Cho.

Thank you, Mr. Speaker. Mr. Speaker, I would like to thank the mover, my colleague Mr. Vanthuyne, for leading this initiative. I believe in this legislation that will ban smoking in vehicles with minors. You know, the motion, the intended spirit and purpose of the motion is to protect the well-being and health of children, and that is what the motion tries to set forth. This government in the past has put in place legislation on banning handheld devices in vehicles and also seatbelt laws, so, similarly, this is another step that this government could take forward in ensuring that children don't experience the effects of second-hand smoke, especially cigarettes, in vehicles. For those reasons, I support this motion. Mahsi.

Masi. To the motion. Member for Frame Lake.

Merci, Monsieur le President. I would like to thank the MLA for Yellowknife North for bringing forward this motion. I strongly support it. This issue about smoking in vehicles while children are present, that is something that was raised when I was Yellowknife city council, and we finally took steps to restrict and eventually ban smoking in public places, but it was something that we couldn't address ourselves. I know this from first-hand. My parents smoked in the vehicle when I was there. They just did not know any better. Eventually we got them to quit, though, and I am thankful for that. So I once again want to thank the Member for bringing this forward.

I would urge him, though, to consider bringing this forward as a private Member's bill. I think it's a perfect opportunity to do this, and, having done it myself with regard to cremation services, I would be more than happy to work with the Member to achieve that. The reason why I say that is it's going to take 120 days for the government to respond, and that does not really leave a lot of time for a bill moving forward. I strongly support this initiative and want to thank again the MLA for Yellowknife North in bringing it forward. Mahsi, Mr. Speaker.

Masi. To the motion. Minister of Health and Social Services.

Thank you, Mr. Speaker. I would like to thank the mover and seconder of the motion. Cabinet is aware of the research of public health risks associated with smoking tobacco and second-hand smoke exposure, particularly for children and youth in enclosed spaces such as vehicles. Smoking in enclosed spaces leads to, and in many cases worsens, respiratory conditions, in addition to having long-term adverse health consequences. We also recognize that the Northwest Territories is just one of two jurisdictions in Canada that does not prohibit the smoking of tobacco in vehicles with young persons present. To that end, Cabinet is looking to include in the legislative proposal that will modernize the Tobacco Act on this particular issue. We are committed to amending the Tobacco Control Act in the life of this Assembly. We are currently working on the development of a legislative proposal. We hope to have that done and forwarded to committee. So I thank the Member for raising the motion. Given that this is direction that this Cabinet is already intending to take, Cabinet will be supporting the motion. Thank you, Mr. Speaker.

Masi. To the motion. I will allow the mover to make concluding remarks on the motion. Member for Yellowknife North.

Thank you, Mr. Speaker. I am grateful for everybody's words of encouragement, and really appreciate the Minister of Health's comments and the support that all colleagues in the House today are going to seemingly provide. So I do not think that at this point I really have that much more to add, other than to say that it is time that we ban smoking in vehicles with minors in them. I will request at this time, as well, a recorded vote. Thank you, Mr. Speaker.