Bill 128, Cell Phone Safety Act, 2010 An Act to increase cell phone safety in Ontario

Bill 128,
Cell Phone Safety Act,
2010
An Act to increase cell phone safety in Ontario

France Gélinas
New Democratic Party of Ontario

The Legislative Chamber

Private Member’s Bill

1st Reading November 3, 2010

Bill 128 2010
An Act to increase cell phone safety in Ontario

Her Majesty, by and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as follows:

Definitions

1. In this Act,

"radiofrequency energy" means a form of electromagnetic energy that is a component of the electromagnetic spectrum that is generated when a source current is fed to an antenna; ("énergie radiofréquence")

"specific absorption rate" means the rate at which radiofrequency energy is absorbed by a defined amount of mass of a biological body. ("débit d'absorption spécifique")

Cell phones, warning labels

2. No person shall sell or offer for sale a cell phone that does not bear a permanent warning label that contains the following statement:

Warning. This device emits electromagnetic radiation. Long term exposure may cause cancer. Users, especially children, should keep this device away from the head and body. / Avertissement. Cet appareil émet des rayonnements électromagnétiques susceptibles de causer le cancer en cas d'exposition prolongée. Les utilisateurs, en particulier les enfants, devraient tenir cet appareil loin de leur tête et de leur corps.

Cell phone retailers, specific absorption rate signs

3. No person shall, in any place, sell or offer for sale a cell phone unless signs bearing the following information are posted at the place in accordance with the regulations:

1. The specific absorption rate of the phone.

2. The specific absorption rate limit for cell phones, as set out in Radio Standards Specification 102 (Industry Canada).

3. An explanation of the meaning of the specific absorption rate.

Regulations

4. The Lieutenant Governor in Council may make regulations,

(a) governing the size of the warning label required by section 2;

(b) respecting the signs to be posted under section 3.

Commencement

5. This Act comes into force six months after the day it receives Royal Assent.

Short title

6. The short title of this Act is the Cell Phone Safety Act, 2010.

EXPLANATORY NOTE

The Bill requires that all cell phones sold in Ontario bear a warning label. The Bill also requires retailers of cell phones to post signs containing information about the specific absorption rate of cell phones.The Bill requires that all cell phones sold in Ontario bear a warning label. The Bill also requires retailers of cell phones to post signs containing information about the specific absorption rate of cell phones.

[PDF] Bill 128 An Act to increase cell phone safety in Ontario Ms Gélinas Private Member’s Bill

[Source] Ontario Parliament, 2nd Session, 39th Session, Bill-128

Ont. rejects cellphone warning labels

New Democrat's bill calling for special stickers expected to go nowhere

Last Updated: Thursday, November 4, 2010 | 3:40 PM ET

The Canadian Press

Ontario is hanging up on a call to slap health warning labels on all cellphones sold in the province.

Health experts are divided on the health risks of cellphone use, but the Ontario government says there's no need for special stickers warning consumers. (iStock)

NDP health critic France Gelinas introduced a private member's bill Wednesday that would require every cellphone to carry a sticker warning of an increased risk of cancer.

The government promptly indicated it would not support the move.

Cellphone manufacturers already include warnings in owner's manuals stating that not using approved holsters could cause the device to exceed radio frequency exposure standards, which could "present a risk of serious harm."

But the companies bury the health warning so deep inside the manual, and in print so small, most people never see it, Gelinas said.

"You really have to be dedicated to read the manual," she said.

Ontario government says there's no risk

Health Promotion Minister Margarett Best said all the best scientific advice she's seen says there are no health risks associated with cellphone use.

Margarett Best, Ontario's health promotion minister, believes there is no risk associated with cellphone use. (Frank Gunn/Canadian Press)

"I am informed by scientists and doctors, and the chief medical officer of health, Dr. Arlene King, has assured us that we do not have to worry about the safety of these type of devices," Best said.

"In fact, Health Canada also says that there are no risks associated with this."

Health Canada, on its website, says the radio frequency energy from cellphones and cellphone towers poses no confirmed health risks.

The agency cautions, however, "that some scientists have reported cellphone use may cause changes in brain activity, in reaction times, or in the time it takes to fall asleep, but these findings have not yet been confirmed."

Studies show some evidence of risk

Prof. Magda Havas of Trent University in Peterborough, Ont., said a lot of studies and evidence have shown negative health effects of radiation from cellphones, including cancers in the brain, eyes, ears and face.

"What's very interesting about these studies is that all of the tumours that are associated with cellphone use are occurring on the same side of the head that you use the cellphone," Havas said.

"All of these tumours are showing up after about 10 years of moderate cellphone use, so this is a development we have to be very much concerned about and aware of."

Children are more vulnerable than adults to the radiation, said Havas, but their preference of texting over talking on cellphones is actually a plus.

"Fortunately, a lot of young students are text messaging, which is a better way of using your cellphone because it only sends out the radiation when you (press) send, and you're holding it far enough away from your head," she said.

Questions about long-term use in children

"There have been a growing number of health agencies around the world warning that children under the age of 18 should minimize their use of cellphones."

Dr. Arlene King, Ontario's chief medical officer of health, says consumers don't need to worry about cellphone radiation.
(Nathan Denette/Canadian Press)

Toronto Public Health warns that children's cellphone usage should be limited. It notes younger and younger kids are using the phones, meaning longer exposure to radiation, and no studies have been done on those longer-term exposures to conclude they are safe.

"As a result, the chances that a child could develop harmful health effects from using a cellphone for a long time may be greater," the Toronto Public Health website says.

A sticker on every cellphone warning that long-term exposure could lead to cancer would help all users, Gelinas said.

"I call it giving ammunition to parents to fight the battles with their teens," she said.

However, the Opposition Conservatives joined the government in saying there was no need for warning labels on cellphones.

"Cellphones come with a warning within the instructions when you get the cellphone," said Progressive Conservative Leader Tim Hudak. "I put my faith in the ability of families to make decisions to inform themselves about proper use."

Best said it was up to parents to educate kids about the proper use of cellphones.

[Source, deleted] Ont. rejects cellphone warning labels

[Web Archive Source] Ont. rejects cellphone warning labels

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