Interacting with the tobacco industry - Guidance for Federal Public Service Representatives and Employees

On this page

• Executive summary
• About this document
• Target audience
• Tobacco use in Canada
• Tobacco products defined
• Tobacco control health policies
• International obligations
• Tobacco industry representatives
• Tobacco industry interactions
• Contact us
• Further review
• End notes

Executive summary

This guidance document is pursuant to Article 5.3 of the World Health Organization Framework Convention on Tobacco Control

Tobacco use is the leading preventable cause of premature death in Canada, killing approximately 46,000 Canadians each year.^{Footnote 1}

According to the World Health Assembly (WHA), the decision-making body of the World Health Organization (WHO), the tobacco industry has a well-documented history of interference in tobacco control policies. The WHA notes: “the tobacco industry has operated for years with the express intention of subverting the role of governments and of WHO in implementing public health policies to combat the tobacco epidemic.”^{Footnote 2}

Canada is a signatory to the WHO’s Framework Convention on Tobacco Control (FCTC), which aims to protect present and future generations from the devastating health, social, environmental and economic consequences of tobacco consumption and exposure to tobacco smoke.

Article 5.3 of the WHO FCTC sets out an obligation for Parties,^{Footnote 3} in setting and implementing their public health policies with respect to tobacco control, to protect these policies from commercial and other vested interests of the tobacco industry in accordance with national law.

The purpose of this document is to provide steps and guidance to Canada’s policy and decision-makers on how to identify ties to the tobacco industry and how to interact with the tobacco industry pursuant to Canada’s obligations under Article 5.3 of the WHO FCTC in the furtherance of the principles of openness, transparency and accountability.

Should you have any questions on this Guidance, any matters related to interactions with the tobacco industry, or with implementation of Article 5.3 of the WHO FCTC, please contact Health Canada’s Tobacco Control Directorate (TCD) at fctc-cclat@hc-sc.gc.ca

About this document

This Guidance document was developed by Health Canada (HC) to support Federal Public Service Representatives and Employees (FPSREs) with the implementation of Article 5.3 obligations in Canada and in the furtherance of the principles of openness, transparency and accountability more generally.

Even in instances where direct involvement in public health policies with regards to tobacco control is not the primary focus of stakeholder interactions, it is recommended that FPSREs adopt a precautionary approach in interacting with the tobacco industry. As the industry’s influence and interests extend beyond public health policies, adopting these measures would increase transparency more generally.

Target audience

This Guidance has been prepared by HC and is intended for FPSREs. HC welcomes the use of this Guidance by other orders of government and public health organizations in their tobacco control activities, and in developing their own guidance for interacting with the tobacco industry.

This Guidance is based on the FCTC guidelines for implementation of Article 5.3 which “apply to setting and implementing Parties’ public health policies with respect to tobacco control. They also apply to persons, bodies or entities that contribute to, or could contribute to, the formulation, implementation, administration or enforcement of those policies.’’^{Footnote 9} This Guidance document could be used by all individuals in policy, decision-making, and/or front-line roles from any branch (executive, legislative and judicial) and level of government. For the purposes of this Guidance document, such individuals are referred to as FPSREs—Federal Public Service Representatives and Employees—who are directly and indirectly responsible for legislating and/or regulating the tobacco industry and/or its products within their respective jurisdictions.

The tobacco industry may seek engagement with a range of departments, sectors and/or governments to advance their interests. Themes that are known to be of particular interest to the tobacco industry include, but are not limited to, the following: taxation, contraband, the environment, international trade, and investment in the health care sector, among others. While Article 5.3 applies only to public health policies with respect to tobacco control, all public servants who are approached by the tobacco industry could make use of this Guidance to further limit the industry’s influence.

Tobacco use in Canada

Tobacco use continues to be the leading preventable cause of premature death in Canada. While tobacco use has decreased, 3.8 million Canadians reported smoking in 2021^{Footnote 4} and tobacco use kills approximately 46,000 Canadians each year. The total costs attributable to tobacco use are more than $11.2B per year.^{Footnote 5}

The Government of Canada remains committed to reducing the prevalence of tobacco use by encouraging Canadians to quit or, for adults who cannot quit, reduce the harms of tobacco use. The Government of Canada also works to prevent uptake, especially in youth.

Tobacco use is the leading preventable cause of premature death and disease in Canada. It plays a role in causing over 40 diseases and other serious health outcomes, including cancer, respiratory ailments, and heart disease, leading to immeasurable suffering for thousands of Canadians, their friends and family. One Canadian dies every 12 minutes from a tobacco-related illness.^{Footnote 6}

Tobacco products defined

Under Article 1 of the WHO FCTC, the term “tobacco products” means products entirely or partly made of the leaf tobacco as raw material which are manufactured to be used for smoking, sucking, chewing or snuffing. At the federal level under the Tobacco and Vaping Products Act (TVPA), “tobacco product” means a product made in whole or in part of tobacco, including tobacco leaves. It includes papers, tubes and filters intended for use with that product, a device, other than a water pipe, that is necessary for the use of that product and the parts that may be used with the device, such as for heated tobacco products.

Tobacco control health policies

Any tobacco control policy or program, including formulation, implementation, administration, compliance and enforcement activities and other activities associated with the regulation of the tobacco industry, constitute a public health policy in relation to tobacco control. Examples include, but are not limited to, the following:

• reducing tobacco supply and demand
• reducing or eliminating tobacco consumption
• regulating manufacturing, promotion and labelling
• educational programs
• regulating excise, taxation and price programs
• ensuring public health initiatives with respect to tobacco control are protected in trade facilitation initiatives
• regulating retail and other licensing activities

International obligations

The WHO FCTC^{Footnote 7} is the first international treaty negotiated under the auspices of the WHO. It was adopted by the WHA on 21 May 2003 and entered into force on 27 February 2005. The WHO FCTC is an evidence-based treaty developed in response to the globalization of the tobacco epidemic.

Article 5.3 of the FCTC sets out an obligation for Parties to protect their tobacco control public health policies against tobacco industry interference and reads as follows:

“…In setting and implementing their public health policies with respect to tobacco control, Parties shall act to protect these policies from commercial and other vested interests of the tobacco industry in accordance with national law.”

Although non-binding, the FCTC guidelines^{Footnote 8} were established to support Parties in the implementation of Article 5.3. These guidelines detail a number of recommendations, including that:

Parties should only interact with the tobacco industry when required and only to the extent necessary to enable them to effectively regulate the tobacco industry and tobacco products.

Tobacco industry representatives

One of the principles of the FCTC guidelines is that there is a fundamental and irreconcilable conflict between the tobacco industry’s interests and public health policy interests. It is important to be aware of and to raise awareness about tobacco industry interference to influence public health policies with regards to tobacco control.

It is important to be aware of the investments and other vested interests made by the tobacco industry. The tobacco industry has diversified investments and ownership in various sectors including but not limited to vaping, cannabis and food. Details are outlined below in the section “What steps should you take if contacted by the tobacco industry?” on how to determine ties to the tobacco industry and the use of conflict-of-interest forms.

The tobacco industry is represented by tobacco industry entities, affiliated organizations, and individuals acting on their behalf, including employees and lobbyists that support tobacco industry interests. The tobacco industry also includes:^{Footnote 10}

• Manufacturers: includes any person which manufactures a tobacco product for export, as well as, package, label, distribute, and import a tobacco product for sale in Canada. Also includes any entity that is associated with a manufacturer, including an entity that controls or is controlled by the manufacturer or that is controlled by the same entity that controls the manufacturer
• Retailers: Any persons or entities engaged in a business that includes the sale of tobacco products to consumers.
• Wholesalers: Any persons or entities selling tobacco product goods in large quantities at lower-than-retail pricing, typically to retailers.
• Individuals/Groups: Those who are representing, under contract or mandated by industry to adopt or defend positions that support the interests of the tobacco industry, such as industry associations, industry lobbyists or tobacco growers associations.

Tobacco industry interactions

Interactions between a FPSRE and the tobacco industry include, but are not limited to, the following:

• Meetings or scheduled events 1) initiated either by the tobacco industry or by a FPSRE, or 2) where a FPSRE is invited to be present; that take place in person, over the telephone, and/or via teleconference or WebEx or other electronic media.
• Documents and correspondence are all communications drafted and provided to the tobacco industry by a FPSRE or drafted and provided by the tobacco industry to a FPSRE, in any format. This includes but is not limited to all communications exchanged prior to a meeting, at a meeting or as a follow-up to a meeting.
• Formal consultation is defined as a process where a FPSRE invites Canadians, stakeholders and experts to comment on new or potential changes to policies, regulations or guidelines. Examples include pre-regulatory consultations; Canada Gazette, Part 1 consultations; Notices of Proposals.
• Government funding agreements and investments, which include Grants and Contributions, sponsorships, or tax exemptions. Likewise, FPSREs should not accept contributions from the tobacco industry or an agent of the tobacco industry, except for compensation due to legal settlements, mandated by law or pursuant to legally binding agreements.

Steps to take when interacting with the tobacco industry

Step 1: Determine whether the stakeholder has ties to the tobacco industry

According to the WHO, the tobacco industry has been known to use industry allies, third parties and front groups to advance tobacco industry interests by working to block implementation of tobacco control legislation and programs.^{Footnote 11}

When contacted by a stakeholder, it is important to verify whether there are existing links to the tobacco industry (these may include, but are not limited to, attendance or participation in speaking engagements). FPSREs should determine whether the organization’s board of directors, founders, or membership includes any tobacco companies; if the organization receives any funding/donations from the tobacco industry (e.g., advocacy groups that accept tobacco industry funding); or if there is any other involvement from the tobacco industry.

Additionally, to ensure groups do not have ties to or receive funds from the tobacco industry, a Conflict-of-Interest form (provided by HC) should be completed by all individuals or organizations requesting engagement with FPSREs to declare any links with, or funding received from, the tobacco industry. It is recommended that, in the interest of accountability and transparency, these declarations be requested upfront and taken into consideration when determining whether to accept a request for interaction.

Step 2: Assess the necessity to interact

Under the WHO FCTC guidelines, the Government of Canada should meet with the tobacco industry only to the extent necessary to regulate the tobacco industry and tobacco products. That said, if it’s been found that the stakeholder has ties to the tobacco industry, FPSREs may consider the following questions in order to assess the necessity to interact.

• What is the role of the tobacco industry or representative in the meeting?
• What is the government’s role in the meeting?
• Who is involved in organizing the meeting?
• Who is providing funding for the meeting?
• Would this interaction advance tobacco industry policy interests/initiatives?
• Is the discussion merely a “nice to have”?
• Would this interaction give the impression that the tobacco industry is contributing to the development of public health policies with respect to tobacco control/associated regulations?
• Could this negatively affect public health with respect to tobacco control?
• Could the tobacco industry portray the interaction in a way that implies that it is a partner with government in tobacco control public health efforts, or that it is engaged with the government in its efforts?
• How much time should be dedicated to a requested meeting and/or interaction and what proportion of that time should be reserved to listen to tobacco industry viewpoints and concerns? How many meetings on a given issue are necessary to obtain the information required for policy and/or decision making?
• Could the interaction take place through written communication rather than through “live” meetings, so that all interaction is clearly on record and not open to interpretation?

"Necessity” does not include accepting or allowing interactions to include:

• Discussions pertaining to the policy intents and/or interpretations of existing or potential legislative and/or regulatory policies or decisions with respect to tobacco products/tobacco
• Discussions on upcoming or potential legislative and/or regulatory initiatives and/or amendments. However, if the information obtained through interaction will inform the technical aspects of legislation and/or regulation of tobacco industry and/or tobacco products, then a request for interaction could be accepted.

Potential reasons for interacting might include:

• Compliance issues have been raised
• The potential costs to industry are being assessed for a proposed regulation
• Market data is being shared by the industry

Such a meeting should not involve:

• Discussions about policy directions
• Giving feedback to industry on their input, except where it relates to the technical aspects of legislation and/or regulation of tobacco products
• Giving feedback to industry on how the government entity in question plans to or has used the information provided by the tobacco industry

Interactions in the context of regulatory consultations

FPSREs should not engage in tobacco control public health policy discussions with the tobacco industry, but in the context of regulatory consultations, input received from the tobacco industry may be of value in understanding the feasibility of the regulatory proposal. Moreover, understanding the preoccupations of the tobacco industry may be useful in assessing the technical aspects of proposed regulations.

Keeping in mind public health goals and the well documented history of tobacco industry interference reported by the WHO, FPSREs should gather information and consider it with a view of a) ensuring the regulatory/legislative proposals are feasible, b) understanding where the industry preoccupations lie so that the government entity can prepare for potential push back, legal challenges or otherwise.

If interaction is deemed necessary, proceed to step 3. If interaction is not deemed necessary, it is recommended that FPSREs decline the invitation citing Canada’s obligations to Article 5.3 of the WHO FCTC.

Special Events and Non-Tobacco Industry Organizations

Under no circumstances should a FPSRE attend an event sponsored by the tobacco industry or participate in a panel that includes individuals or groups linked to the tobacco industry.

If a Canadian official speaks at a conference or event where they are aware that the tobacco industry is in attendance, they should always clearly set out the government’s responsibilities under article 5.3 in their presentation.

Step 3: If interaction is deemed necessary, conditionally accept the invitation from the tobacco industry representative

If it is determined that the interaction with tobacco industry representatives is necessary, it is recommended that FPSREs conditionally accept the meeting. You can confirm your attendance and provide meeting details upon receipt of a detailed agenda and a participants list, including names and titles.

Upon receipt of the agenda, it is recommended that FPSREs determine which items may or may not be discussed.

Step 4: Ensure that the interaction is conducted in an open and transparent manner

FPSREs should ensure that email communications regarding meetings are conducted in an accountable manner by copying at least one other FPSRE in all communications with industry representatives.

When organizing meeting attendees, it is recommended to arrange for a minimum of two FPSREs to be present at all times in any interaction. This approach has the advantage of:

• risk mitigation, with two sets of eyes and ears the likelihood of missing critical details, oversight and misinterpretation during the interaction are reduced
• fostering an environment of accountability, open information and knowledge sharing, in order to improve the understanding of key issues
• consistency, having the presence of at least two FPSREs can reinforce the organization’s or department’s commitment to WHO FCTC Article 5.3.

During the meeting, it is generally advised to take a listening stance and not comment on policy development.

Step 5: Following the interaction, publish meeting minutes or a summary on Canada.ca

It is important that any interactions with the tobacco industry are conducted in a manner that maximizes openness, transparency and accountability. The FCTC guidelines recommend that:

Where interactions with the tobacco industry are necessary, Parties should ensure that such interactions are conducted transparently. Whenever possible, interactions should be conducted in public, for example through public hearings, public notice of interactions, disclosure of records of such interactions to the public.

Accordingly, this means that the information/perspectives shared and gathered during the interaction, are disclosed and made public. This will help ensure that there is alignment with the WHO FCTC guidelines and that FPSREs are transparent with respect to their interaction with the tobacco industry. Material that is made public should include such details as the date of meeting, company name, topic, and the purpose and a summary of the meeting, as well as noting the industry representatives and government officials involved, as appropriate.

Meeting summaries between TCD and the tobacco industry are published online by Health Canada. For more information, see the Health Canada Tobacco Control Directorate and tobacco and vaping industry meetings page or contact TCD at fctc-cclat@hc-sc.gc.ca.

Key principles

Interact with the tobacco industry according to the following key principles:

1. Ensure that public health policies with respect to tobacco control are considered within the scope of Article 5.3 FCTC Obligations

When interacting with the tobacco industry, it is important for FPSREs to ensure that the topics covered through these interactions do not adversely affect existing or potential public health policies, programs, etc., with respect to tobacco control. The tobacco industry has been known to seek engagement or partnership with a range of government departments to advance their interests (for example, offering support and funding for initiatives such as environmental clean ups) that all serve to positively impact the public image of the industry and its products.

Regardless of the topic, it is important that the outcomes of interactions with the tobacco industry do not undermine the public health policies with respect to tobacco control, as well as to avoid any real or perceived conflicts of interest that could otherwise undermine Canada’s WHO FCTC commitments.

2. Avoid real or perceived conflicts of interest

No organization or individual with an interest in the tobacco industry should be involved in developing or implementing public health policies related to tobacco control. Real and/or perceived conflicts of interests should be avoided. A conflict of interest can include, but is not limited to:

• accepting funding from or providing grants and contributions to the tobacco industry, or organizations with ties to the tobacco industry
• speaking at events or conferences funded solely by, or in part by, the tobacco industry;
• engaging in photo opportunities with representatives of the tobacco industry
• appointing tobacco industry representatives (current or former) to a committee, advisory group or otherwise
• agreeing to side meetings or invitations to social events
• accepting offers such as meals, products or gifts

In keeping with the principles of openness and transparency as a fundamental basis for good government, a key means of avoiding real or perceived conflicts of interest is to adopt an approach that publicly discloses information exchanged with tobacco industry representatives during meetings.

3. Avoid partnerships or collaboration on initiatives

Partnerships between the tobacco industry and those with a link with public health policies with respect to tobacco control are incompatible with Article 5.3 and should be avoided. Examples of partnerships include, but are not limited to, legal and formal agreements concluded between the Parties and the industry, such as contracts or memoranda of understanding, engaging in ‘joint operations’ with the tobacco industry in law development or enforcement, supporting the tobacco industry’s youth or public education initiatives, any ad hoc/informal agreements, and establishing partnerships or agreements with the tobacco industry through grants and contributions to tobacco companies or stakeholders with ties to the tobacco industry.

4. Declare connections with the tobacco industry

FPSREs should declare any current, previous or proposed connection, involvement or relationship with the tobacco industry. This includes connections between close family members. Examples of connections include occupational activity within the tobacco industry, contributions such as research or funding towards the tobacco industry, and any intention to engage in an occupational activity within the tobacco industry within one year after leaving the public service.

5. Safeguard consultation processes from covert industry interference

When reporting public input received through consultations or other public processes, it is advisable to identify contributions with connections to the tobacco industry. When designing consultation processes, be sure to include a requirement to declare any connection to the tobacco industry. Any perceived or actual conflicts of interest with the tobacco industry must be declared when providing input through public processes. Members of the tobacco industry, an affiliated organization or an individual acting on their behalf must clearly state so in their submission.

In addition to safeguarding against conflicts of interest with the tobacco industry, connections to subsidiary companies, whether involved directly in the tobacco industry or not, are also relevant.

Contact us

As Canada’s technical focal point on the WHO FCTC, TCD can support FPSREs in gaining a better understanding of Article 5.3 obligations, as well as the FCTC guidelines for their implementation. TCD can support organizations in meeting Canada’s international obligations, assist in ensuring their work is aligned with domestic legislation and obligations, and provide advice that is coordinated, comprehensive and well-informed in the area of public health and tobacco control.

Engaging in a dialogue with TCD about the challenges to implementing Article 5.3 across the spectrum of government will also assist TCD in gathering critical information and knowledge; this will support adapting its methods, approaches and interactions with FPSREs, as necessary. This could be particularly important in the context of the evolving tobacco industry landscape and any potential opportunities this may give to influence tobacco control public health policy. This will be mutually beneficial.

TCD welcomes feedback and questions on this Guidance or any other matters related to interactions with the tobacco industry or with implementation of Article 5.3 of the WHO FCTC.

For more information, please contact TCD at fctc-cclat@hc-sc.gc.ca.

Further review

This Guidance document will be reviewed by TCD as required and at a minimum every two (2) years. This Guidance document was last reviewed in November 2024.