Can Canadians get arrested in the U.K. if smoking is banned?

On Tuesday, Britain moved a step closer to enacting legislation that would — eventually — make it illegal to sell tobacco products to anyone born after Jan. 1, 2009, even as those people get older. Proponents say it will create modern Britain’s “first smoke-free generation.” Here’s what to know about it.

How will it work?

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It is currently illegal in Britain for anyone to sell cigarettes or tobacco products and vapes to people under 18.

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Under the Tobacco and Vapes Bill, children currently 15 or younger will never be legally sold tobacco. Once implemented — officials are aiming for 2027 — the legal age of sale would be raised by one year per year, until it is eventually illegal for the whole population.

The law would of course take decades to come into full effect, and could lead to a bizarre situation early in the 22nd century of only extremely elderly Britons being allowed to buy tobacco.

What if I’m visiting Britain? Will I get arrested for smoking?

Smoking itself won’t be illegal under the new law, but sales of tobacco products to people under a certain age will be. So if you’re younger than the law allows, you’d need to bring your own cigarettes with you — you wouldn’t be able to buy any while there.

Britain’s Prime Minister Rishi Sunak speaks with students’ parents during a visit at the Haughton Academy in Darlington, England, on Jan. 29, 2024, to outline plans for the banning of single-use vapes. Photo by IAN FORSYTH /GettyHas this been done anywhere else before?

Britain’s law is believed to have been inspired by New Zealand, which recently tried to enact similar legislation that would ban sales to anyone born after 2008. The new law also would have reduced the amount of nicotine in cigarettes, and the number of stores allowed to sell them.

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But last year’s election replaced the Labour Party with the National Party, and the incoming government vowed to scrap the legislation, and promised to make good use of the resulting tobacco taxes.

That could also happen to Britain’s law, where even some within the governing Conservative Party oppose the move — some because they believe it’s unworkable, some because they say it’s un-Conservative. Some MPs plan to try to amend the legislation before it becomes law.

Is Canada trying anything similar?

This year, Ottawa Public Health suggested Canada follow the New Zealand model, and also immediately increase the age one can buy cigarettes to 21 from the current 18 or 19, depending on the province. (It’s already 21 in Prince Edward Island.) But the federal government has made no move to change the laws yet.

The newest change to the way cigarettes are sold in Canada is a law that requires a health warning on every individual cigarette, a first of its kind in the world.

Regulations came into force on Aug. 1 last year, and the first cigarettes with warnings such as “Cigarettes cause leukemia” and the oddly catchy “Poison in every puff” are expected to be on sale this summer.

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Canada already requires warnings on tobacco product packages, and has done since 2000. The government also has a stated goal of reducing smoking rates from the current 10.9 per cent of people aged 15 and over to five per cent by 2035.

What are other countries doing?

According to the World Health Organization, over a quarter of the world’s population (74 countries) is covered by a complete smoking ban in public places, workplaces and public transport. In 2007, just 10 countries had such policies.

Mexico has some of the strictest anti-smoking laws in the world, including smoking bans at beaches, parks, markets and religious sites. And Portugal, which has said it wants to have a “smoke-free generation” by 2040, is planning a law that would stop bars, cafes and gas stations from selling tobacco products, limiting sales to licensed tobacconists and airport shops.

What’s next in the U.K?

During the bill’s second reading Tuesday, 383 MPs voted in favour while 67 opposed it. Although the bill was widely praised by health experts and had the support of the opposition Labour Party, it faced rebellion from more libertarian-minded members of the ruling Conservative party.

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Even without the new legislation, the number of people who smoke in the U.K. has declined by two-thirds since the 1970s. But some 6.4 million people in the country — or about 13 per cent of the population — still smoke.

Authorities say smoking causes 80,000 deaths a year in the U.K, and remains the number one preventable cause of death, disability and poor health.

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