An Act to amend the Food and Drugs Act and to make consequential amendments to other Acts

This bill was last introduced in the 39th Parliament, 2nd Session, which ended in September 2008.

Sponsor

Tony Clement  Conservative

Status

Second reading (House), as of June 10, 2008
(This bill did not become law.)

Summary

This is from the published bill. The Library of Parliament often publishes better independent summaries.

This enactment amends the Food and Drugs Act to modernize the regulatory system for foods and therapeutic products, to strengthen the oversight of the benefits and risks of therapeutic products throughout their life cycle, to support effective compliance and enforcement actions and to enable a greater transparency and openness of the regulatory system.
It also amends other Acts in consequence and includes transitional provisions and coordinating amendments.

Elsewhere

All sorts of information on this bill is available at LEGISinfo, an excellent resource from the Library of Parliament. You can also read the full text of the bill.

Food and Drugs ActGovernment Orders

June 10th, 2008 / 5:30 p.m.
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Independent

Louise Thibault Independent Rimouski-Neigette—Témiscouata—Les Basques, QC

Mr. Speaker, like my colleagues, I of course take an interest in the health of my constituents and indeed of all my fellow citizens.

I consider it very important that drugs, foods and authorized therapeutic products be safe, that the effects of these products that are available over the counter or by prescription be studied and known, and that labelling of these products be accurate and honest.

By the way, I still do not understand why this government refused to respond to the very legitimate public demand as expressed in a bill introduced by a colleague calling for labelling of food products containing GMOs so that consumers can know exactly what they are buying.

I will return to the matter under debate. On one hand, the government does not want the public to have information on these GMOs, but it continues to trust pharmaceutical companies to test their own products. On the other hand, through this bill, the Conservative government is imposing severe sanctions on producers, vendors and importers of natural products and drugs that do not comply with Health Canada standards and is placing natural products in the same category as drugs under the heading of “therapeutic products.”

I understand that we do not want to put people’s health at risk, and I agree. Obviously, we must not approve a product that is dangerous to health. However, neither should we approve a system of labelling that would be incorrect in terms of dosage or the composition of a drug or natural product used for therapeutic purposes.

In that respect, and only in that respect, drugs and natural products are similar when they are used in the hope of bringing about a cure. We must have very strong tools to protect the public from fraud—which regrettably does exist—or from truly dangerous products. We know that the wrong information can have harmful and tragic consequences.

It seems to me that, above all, we must make available the necessary resources to inspect products thoroughly, to deal with inquiries properly and to ensure necessary monitoring. Unfortunately, that is not what the government is doing. Instead, it puts before us a bill with tremendous ramifications without providing the means for the agency responsible to properly deal with natural products and drugs.

Some aspects of this bill alarm people who properly like to use natural products. They prefer such products because they feel they are more in keeping with their culture, their lifestyle or, quite simply, their health. Traditionally, there has been a certain tension between those who believe in the practices of western medicine and promoters of alternative medicine, which, of course, includes the use of natural foods.

As my colleague from Quebec reminded us during this debate, between 33,000 and 40,000 natural health products are now waiting for approval. It may appear to some people that the delays that have built up are related to the new licensing requirement provided in this bill.

Many people will ask, quite properly, how a new product would be approved by Health Canada.

Increased powers for inspectors and much heavier penalties for those who break the law—they go up to $5 million and a three-year prison sentence—obviously make some people worry that the bill could create a de facto prohibition on the introduction of any new natural health product.

In my view, these concerns and perceptions deserve to be taken into account. Moreover, the doubts that arise from reading this bill are both numerous and varied. It is quite normal and legitimate to raise questions about the bill.

For example, is the prohibition on direct advertising maintained? What is the purpose of creating a licence for interprovincial exports? Is a product not inspected when it enters Canada? Third, the requirement for hospitals to report adverse reactions to a product to Health Canada could be rejected by the provinces because it deals with the administration of the health system, which is not under federal jurisdiction.

Therefore, I can only come to the conclusion that this bill is, to say the least, poorly constructed. When I say that, I am not blaming the drafters of the legislation but rather the intentions of the Conservative government. I humbly suggest that the faults are so numerous that I doubt that a committee really could amend this bill without changing the scope of the bill, which we know would make the amendments unacceptable.

As a result, it would be a loss of valuable time to send this bill to committee. Instead, we should send this bill back to the minister and his department to start over and make all the necessary corrections, especially since we learned during the debate that the minister wanted his government to introduce several amendments. Other members have referred to the infamous letter that the minister sent to the chair of the committee, and asked to see it. I am not a member of that committee, but I am just as interested in it as my colleagues.

In my view, if we are serious about this bill, it should be sent back to the minister and his department. They should be told to go back to work and when it is properly done, bring it back to the House. Then we will discuss a bill that will not raise so many questions. I have been here all day and I listened to the debate from the beginning. If the bill raises so many questions, it is probably because there are significant flaws in many places.

As the member for Wascana remarked, in a constructive spirit, if we are to produce something that is of benefit to our fellow citizens, the Conservative government should go back to work and introduce a new bill that will do a much better job.

Food and Drugs ActGovernment Orders

June 10th, 2008 / 5:35 p.m.
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Liberal

Larry Bagnell Liberal Yukon, YT

Mr. Speaker, I am wondering if the member could provide for the public watching a technical outline of the new enforcement regime in this bill.

I will read a couple of concerns that I have received. Martin states: “I am opposed to the police state powers in Bill C-51.” Anne asks: “Why do bureaucrats want seizure warrants without judge approval? With fines being increased a 1000 times, and seizing authority without a warrant, is Bill C-51 meant to bankrupt and silence its target audience?”

I thought the member made a good point about trying to make all these amendments at second reading. There was a bill in the justice committee and some members wanted to add a year to the penalty in the bill and the Conservative chair ruled it out of order as it was beyond the scope of the bill.

The amendments the Conservatives are proposing are good amendments, but they are far more drastic than that particular change, so I can understand why opposition members are a bit skeptical about being able to make these changes at second reading.

Food and Drugs ActGovernment Orders

June 10th, 2008 / 5:40 p.m.
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Independent

Louise Thibault Independent Rimouski-Neigette—Témiscouata—Les Basques, QC

Mr. Speaker, it is difficult to answer the member's question in only a few minutes. I thank him for the question. I think that the most important aspect of his question is precisely that there are so many concerns about the operational framework for managing all this. There are so many concerns—I referred to them earlier—about the potential fines. When the citizens who we legitimately represent begin to be more afraid of how the bill will harm them rather than seeing how it will benefit them, that is reason enough to question it. That is when we have to work together to truly improve the bill so that it is worthy of the people we represent.

Food and Drugs ActGovernment Orders

June 10th, 2008 / 5:40 p.m.
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Charleswood—St. James—Assiniboia Manitoba

Conservative

Steven Fletcher ConservativeParliamentary Secretary for Health

Mr. Speaker, with regard to the fines, right now the maximum fine under the legislation is $5,000. If a company or organization puts a product on the shelf or a product was tampered with or any number of scenarios, the maximum fine for that company is $5,000. Yes, the bill would increase it manyfold, to $5 million.

Does that not make sense? Of course there would be a scale, depending on the severity of the injustice, but there needs to be consequences that matter if a product ends up harming or killing someone.

I will make a comment for the member for Yukon. For people to suggest that somehow the bill on product safety is equated to a police state is a real disservice to the integrity of everyone in the chamber and the people who live under those type of terrible conditions—

Food and Drugs ActGovernment Orders

June 10th, 2008 / 5:40 p.m.
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Conservative

The Acting Speaker Conservative Andrew Scheer

I will have to cut off the hon. parliamentary secretary to allow the hon. member for Rimouski-Neigette—Témiscouata—Les Basques to respond.

Food and Drugs ActGovernment Orders

June 10th, 2008 / 5:40 p.m.
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Independent

Louise Thibault Independent Rimouski-Neigette—Témiscouata—Les Basques, QC

Mr. Speaker, I am old enough to remember the disaster caused by thalidomide, for example. Our colleagues referred to that. In addition, we spoke a great deal about other drugs with adverse effects.

This is my answer to the parliamentary secretary: we cannot put a price on protecting our citizens. However, we have work to do when a bill is worded in such a way that it causes citizens to fear that certain substances—primarily natural products—would be more heavily penalized and would involve greater risks than drugs.

It is not our role to instill fear in our citizens; we are here to reassure, help and, of course, protect them. I would never want to help one group at the expense of another.

In my mind, one question remains: how can Health Canada allow pharmaceutical companies to be self-regulating to the point that they verify their own drugs? I believe that—

Food and Drugs ActGovernment Orders

June 10th, 2008 / 5:40 p.m.
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Conservative

The Acting Speaker Conservative Andrew Scheer

Order, please. The member for Vancouver East.

Food and Drugs ActGovernment Orders

June 10th, 2008 / 5:40 p.m.
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NDP

Libby Davies NDP Vancouver East, BC

Mr. Speaker, I am very pleased to rise in the House today to speak to Bill C-51. I have received a ton of emails both in my riding in east Vancouver and here in Ottawa. I have hear from constituents every day because the word is out in the community about the impact of the bill. I hope either we can defeat the bill, or if it does go to committee, that we can get it significantly changed so we can respond to the overwhelming concerns put forward by the public about the impact on the availability, accessibility and licensing of natural health products.

First, I thank my colleague, our health critic, the member for Winnipeg North. She has very valiantly stayed on this file and kept our caucus updated as to the progress of the bill. I know she will be very active at the committee, if it goes to committee, working with community interests and practitioners to ensure it does not become a big stone wall that denies access for people. Therefore, I thank her for the work she has done and the work she probably will do in the future. There will be a lot of interest in the bill, and a lot of people will follow it.

Very briefly I want to go back to 1997, when I first ran for the NDP in Vancouver East as a member of Parliament. I remember at that time there must have been a proposal in the House, under the Liberal government, to try to regulate natural health products. During the election campaign in May 1997, all hell broke loose in the community because of that. The government was completely caught off guard. It had no idea that it would get the reaction it did. It tried to do what the government today has tried to do, and that is to put natural health products in a box with drugs and to give the nod to the big pharmaceutical companies.

People in communities across the country cottoned on to what was going on and a massive campaign took place. It was a fairly quiet federal election campaign in 1997, but this issue kept on coming to the surface. It was a grassroots issue because people were so outraged, particularly in a place in east Vancouver. The heart and soul of Vancouver is Chinatown, the very origins of our city. A lot of the Chinese traditional medicine practitioners were very concerned about how it would impact them. Therefore, it became very much a cross cultural campaign as well.

After the federal election, the federal government of the day had to back off on what it wanted to do. As we know, since then we have had various machinations in terms of attempts for a regulatory approach. Suffice it to say, all credit goes to well-informed citizens who pay attention to legislation that sometimes creeps in, and they get the word out there about it. As a result, we get all these emails from people who are alerted to what the government has tried to do.

I am very thankful our caucus, with our health critic, the member for Winnipeg North, has monitored the bill very closely. We cannot support it in its present form. We are very concerned that it will lump natural health products in with drugs under a category called “therapeutic products”, which reverses a long-standing practice and position of a separate regulatory framework.

When I read some of the concerns listed in the emails I receive, one of them is the change of the categorization of natural health products. To treat these products the same as drugs is very inappropriate and is much too rigorous.

There are other concerns as well. We know right now there is a huge backlog of applications for the marketing approval of natural health products. How will that be dealt with under the bill? How will we ensure that the backlog is dealt with?

We are very concerned that the fines and penalties within the bill are incredibly excessive. It will mean that practitioners, producers and people who retail or market these products will hang on with their fingernails for their livelihood, and that is a very serious concern.

Why would there be such excessive fines and penalties for these products? In fact, the enforcement provisions are very heavy. They even allow inspectors to enter private property without a warrant. What is going on here?

We are very concerned that in the bill, as we have seen in other bills, so much discretion is left in the hands of the minister and the fact that regulatory requirements can be overridden within the department. Why would that be allowed to happen? This sets off alarm bells for people, especially when they go through the fine print and look at what is taking place.

I am very thankful we have had so much response on the bill. I have had more response on this bill than any bill for a very long time. I gather that other members of the House are getting the same kind of response.

I will read some of the responses I received. Jennifer, from east Vancouver, said:

Bill C-51 undermines the civil rights of Canadians to take control of our own health and well being. It goes against all logic and intuitive common sense and in no way serves the interests of your electorate....

Millions of alternative health practitioners that are certified through Canadian educational institutions who have dedicated their life to studying the healing effects of herbs would not be able to stay in practice.

I have another email from Anne, who lives in east Vancouver. She says:

—categorizing Natural Health Products as therapeutic products, together with drugs, medical devices, cells, tissues, organs, and veterinary drugs, Bill C-51 is viewing these exclusively to the lens of pharmaceutical drugs.

Food and Drugs ActGovernment Orders

June 10th, 2008 / 5:50 p.m.
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Conservative

The Acting Speaker Conservative Andrew Scheer

Order, please. I hate to interrupt the hon. member at this point, but she will have three minutes remaining in her time for her speech.

It being 5:51 p.m., the House will now proceed to the consideration of private members' business as listed on today's order paper.