Convenience Stores Association Questions Ontario Health Promotion Ministry
regarding its Law Enforcement Policy on Native Reserves

Do Natives have the right to adopt their own smoking-related bylaws?

TORONTO, Nov. 23 /CNW/ - The Canadian Convenience Stores Association (CCSA) called on the Ontario Health Promotion Minister, Margarett Best, for clarification about the reported law enforcement policy of her Ministry on native reserves. According to a tobacco control program manager quoted in the Owen Sound Sun Times on Monday, November 15^th, the Ministry of Health Promotion is telling local Health Units that aboriginal governments have the right to make and enforce their own smoking-related bylaws and that no effort should be undertaken to enforce the Smoke-Free Ontario Act on First Nation reserves to prevent kids from consuming cigarettes or to stop the illegal operators. 

"On what basis do Ontario officials decide which laws apply where and which ones do not? Has the Ontario Government adopted a new set of rules for the application of laws in Ontario without informing anyone? And what about the 50 illegal tobacco manufacturing plants reported by the RCMP on the reserves.  Are they no longer illegal as well?" questioned Michel Gadbois, Senior Vice-President of the CCSA.

The CCSA is concerned that such a double standard will continue to increase the contraband tobacco problem in Ontario. "Ontario currently has the highest rates of contraband consumption in Canada. The lack of political leadership to crack down on contraband tobacco and of uniform application of the law on and off of reserves directly results in significant youth consumption of illegal tobacco products and it's completely unfair to our members who sell legal products in a heavily regulated environment," added Mr. Gadbois.

Ontario smoke shacks on aboriginal reserves are often in direct contravention of several provincial and federal laws. By selling contraband tobacco to non-Natives without collecting and remitting taxes, the Ontario government lost $500 million in 2008, according to the Auditor General.

"We are reasserting our position today that tobacco control laws must be enforced equally all across Ontario, without exception" said Mr. Gadbois. "The Government of Canada recently said that contraband is the number one tobacco control priority.  Now is the time for the Ontario government to join the call and develop a comprehensive strategy in conjunctions with the federal government to eliminate illegal cigarettes once and for all."

The CCSA represents the economic interests of over 27,000 convenience stores, located in every community in Canada, that serve Canadians in their daily needs. The CCSA has developed a basic mission to promote corporate social responsibility and has developed the "We Expect ID" world-class age-testing program for all employees.

For further information:

Dianna Eakins, Media Contact
Canadian Convenience Stores Association (CCSA)
Cell:  905.630.4208  /  Email:  [email protected]