Bill C-307 (Historical)

Phthalate Control Act

An Act respecting bis(2-ethylhexyl)phthalate, benzyl butyl phthalate and dibutyl phthalate

This enactment requires that, within 12 months after it comes into force, regulations respecting cosmetics that contain bis(2-ethylhexyl)phthalate be made under subsection 30(1) of the Food and Drugs Act.
The enactment also requires that, within 12 months after it comes into force, an order be made under section 6 of the Hazardous Products Act to add certain products to Part I of Schedule I to that Act.
The enactment further requires the Minister of Health to take steps to regulate the use and labelling of medical devices that contain bis(2-ethylhexyl)phthalate.
Finally, the enactment requires the Minister of the Environment and the Minister of Health to complete a reassessment of benzyl butyl phthalate and dibutyl phthalate under the Canadian Environmental Protection Act, 1999 within 24 months after the enactment comes into force.

Perfluorooctane Sulfonate Virtual Elimination Act

[Bill Siksay, NDP, Burnaby—Douglas, BC]

Mr. Speaker, I am pleased to have this opportunity to speak in the debate on private member's Bill C-298, the perfluorooctane sulfonate virtual elimination act that was developed by the member for Beaches—East York. I want to thank her for getting the issue on the agenda.

It is very important that we have looked at this particular chemical that exists in our environment and has, I believe, been misused over the years. It is a very serious issue. I am glad we have made some significant progress on virtually eliminating it or that we will be moving to that shortly.

It was interesting listening to the member for Nanaimo—Alberni who talked about the process that the committee went through in working on this bill, some of the compromises and give and take that was made to this legislation to make it possible to gain support I gather in all corners of the House. Certainly, we in the NDP are supporting this legislation. I think that shows the kind of work that can be done in the House of Commons on legislation.

I wish that we had been able to muster that same kind of non-partisan cross-party effort on the big environmental bills of our day. It would be great if we could bring back the clean air and climate change act that had that same kind of cooperation through committee. Every party was allowed to bring its ideas to the table. The final document, the rewritten bill, reflected the ideas of all political parties in this place. Sadly, the government has refused to put it back on the agenda.

While we are making progress on this very specific chemical, we are missing progress on that very important and large piece of work on climate change that all Canadians recognize as crucial. It is going to be a sad day if we do not make progress in this Parliament on that big issue.

I also want to mention that Bill C-298 is similar in its intent and work to one that we passed last night at third reading, another private member's bill, Bill C-307, from the member for Skeena—Bulkley Valley, the phthalate control act, which also sought to limit the use of a particular chemical that was harmful to our environment and to our health.

I think we have been making progress again on some very specific issues but it is too bad we cannot get the big issue of our day, the climate change issue, back on the agenda of this place and make some real progress there.

With regard to the specific bill before us, it mandates the Minister of the Environment and the Minister of Health to make regulations that would keep the release of PFOS into the environment at a very low level where the substance actually cannot even be accurately measured. That is what it means to be put on the virtual elimination list. It is not being eliminated virtually, but it is going to be removed enough to a point where its presence in the environment is negligible. That is a very important step to take.

It seems that PFOS is one of those substances that seemed like a good idea at the time. It was a very popular substance when it was first introduced. It was used in many fabrics as a stain resistant substance, usually as a stain repellant. It was used in rugs, carpets, upholstery, clothing, food packaging, cleaners and in firefighting foams. It was used in very many places across our society. It was thought to be inert at the beginning.

Few tests were ever completed on the chemical's effects on people and wildlife and on the environment, but recently more testing has been done and it has been shown to have some very serious problems. For instance, animal testing was done. It was shown to be a carcinogen. It did cause certain kinds of cancers and damage to the immune system. That was an important step forward where we realized some of the harm that could be caused by PFOS.

This led, I think in the year 2000, to the Environmental Protection Agency of the United States banning the substance. It said that continued manufacture and use of PFOS represented an unacceptable technology that should be eliminated to protect human health and the environment from potentially severe long term consequences. I know as well that Environment Canada and Health Canada agreed in their own studies and work on PFOS.

We also know that PFOS is bioaccumulative. It does not disappear; it persists in the environment once it is introduced there. That is a very serious consequence of the use of this particular chemical.

Environment Canada and Health Canada stated in the Canada Gazette:

PFOS has been detected throughout the world, including in areas distant from sources, and in virtually all fish and wildlife sampled in the northern hemisphere, including Canadian wildlife in remote sites, far from sources or manufacturing facilities of PFOS and its precursors.

We know that it is a very difficult substance to eliminate now that we have introduced it into our environment. We know that its health effects are very serious as well. It is persistent, it is bioaccumulative and it is toxic, all good reasons why we should be eliminating its use in our society.

This is a very important step to take. I gather from reading the original speeches by the member for Beaches—East York on this that there are proposals to eliminate this substance globally. Sweden has proposed a global ban on PFOS as part of the persistent organic pollutants treaty, which is being discussed. I hope that Canada, given the steps that it seems we are about to take with it, will strongly support Sweden in those efforts because it is an action that needs to be taken.

We need to act quickly on this. Originally it looked as though it could take years for this to take place, even if we took the actions suggested in this legislation. We need to make sure this process is expedited so that PFOS is eliminated as soon as possible and not allowed to continue to do the harm it does to our health and the environment.

This bill points out some of the difficulties with the Canadian Environmental Protection Act and how hard it is to get a harmful substance on the virtual elimination list. We are acting seven years after the Americans acted on this issue, which shows that our mechanisms are much slower, even though our own agencies such as Health Canada and Environment Canada conducted their own studies that showed the importance of taking this step.

I hope this bill will also improve our ability to react on other chemical substances that we should be concerned about for our health and the environment. I hope that this will be part of the review of the Canadian Environmental Protection Act so that we can make sure this weakness in our legislation and in our approach can be cleaned up and improved.

I am hoping that we are taking an important step. It sounds as though we may have unanimity in this place, as we did last night when we voted on final reading of Bill C-307. Everyone in the House agreed to that similar measure going forward.

As I conclude, I would still like to challenge members that even though we are making progress on these very specific chemical compounds, we must also make progress on climate change and greenhouse gas emissions. The best way for us in Parliament to do that would be to bring back the legislation that was worked on in the first session by all political parties, where all the ideas were brought to the table and a new piece of legislation was written. We need to get that back on the agenda of the House of Commons. I would urge the government to do that without delay. If we leave this Parliament without having moved in a significant way on climate change, we will have missed the important opportunity to do something significant for our environment and the citizens of Canada.

Motions in Amendment

[Dennis Bevington, NDP, Western Arctic, NT]

Mr. Speaker, it is my pleasure to speak to Bill C-307, the phthalate control act, introduced by the member for Skeena—Bulkley Valley, who takes the environment very seriously.

I have followed the progress of my colleague's work on this bill, in the drafting process and in getting ideas together. This bill should be supported by all parliamentarians and all Canadians because it will reduce the risk of cancer and other diseases in a vulnerable part of our population. There is no appreciable downside to the bill. It is all good. It meets all the tests for developing environmental legislation in this country. As such, I hope that the bill can receive reasonably speedy passage.

As soon as things like this bill are put in place, the cumulative impact of the products on people's lives will be taken away. As soon as we start to reduce that cumulative effect there will be a reduction in the serious and debilitating illnesses and diseases that are a real plague in modern society.

Some of the statistics that come out about the rate of cancer in our society are truly frightening. We need to confront things as soon as possible. We need to take action. We need to take away the risks of living as much as possible. Preventing disease is much more practical and reasonable than trying to deal with it once it has happened.

When we understand that a substance can be harmful to humans, then surely we should follow the precautionary principle and take it out of manufactured products. There are substitutions. There are other products that are just as good. These are the things that drive the bill forward.

I congratulate my hon. colleague for putting forward this bill. It is not something that will catch the headlines, but it will help Canadians in the future. It is something we can all support to make a difference in the lives of Canadians.

If the principles that my colleague has put forward in this private member's bill are carried forward with many other substances, we would be much better off. We all make compromises in what we do in this society. If we understand that products that we are using are harmful to people's health sometimes we make compromises and allow it to continue which is a real detriment to our society.

Before I was elected to Parliament, there was a Conservative member who put forward a private member's bill regarding taking the compound out of cigarettes that allowed them to stay lit when they were not being smoked. I was impressed that a private member's bill could make such a dramatic change to people's health in terms of things that some people were ingesting through their use of tobacco. Cigarettes play a major role in people's lives. We know of people who have died in bed because of smouldering cigarettes.

That private member's bill from the last Parliament will have a major impact on people's health. I see Bill C-307 in the same light. It is something we should all be behind. It is something that means something to Canadians in a very positive and progressive fashion. The bill can set a pattern for how we deal with similar substances in the future.

We all care about children who are at risk. Canadians care about children, how they are treated, how they grow up and how they are socialized. We should be involved with doing what we can to prevent contact with substances that can lead to cancer and debilitating disease.

I trust that Parliament will push this bill forward and that we will see it in place as soon as possible. It will make a difference for Canadians forever more.

I thank my hon. colleague from Skeena—Bulkley Valley who has worked so hard to bring this bill forward and to put it in a form that everyone can support.

[Steven Fletcher, Conservative, Parliamentary Secretary to the Minister of Health]

Mr. Speaker, it is with pleasure that I speak to Bill C-307, the phthalate control act. The bill seeks to regulate the use of certain phthalates in products that Canadians may be exposed to.

I want to take this opportunity to thank all the members of the Standing Committee on the Environment and Sustainable Development for their hard work in reviewing this bill.

BillC-307, as amended by the committee, will ensure that the government takes the appropriate evidenced based approach to protect Canadians from exposures to levels of phthalates that can cause them harm.

The amended bill restricts the use of DEHP in children's toys, cosmetics and medical devices using the appropriate existing federal statutes and regulations.

Under the current regulatory regimes and in keeping with the federal constitutional jurisdiction, Health Canada has legislative authorities in place to regulate the safety and effectiveness of medical devices and their manufacturers under the Food and Drugs Act and the medical devices regulations.

One phthalate known as DEHP is used as a softening agent for many medical grade plastic materials made from polyvinylchloride, PVC.

Without a softening agent life saving medical devices such as medical tubing and blood bags would be brittle and crack during use, or could not be sterilized as effectively.

Alternative materials have been developed for use in some medical devices for certain medical applications. In other cases non-DEHP containing devices are not available or do not perform as well as devices made with DEHP.

In these cases an individual risk evaluation must be undertaken to fully understand the implications of alternate treatments or no treatment compared with the use of a medical device containing small quantities of DEHP.

Only a physician in consultation with the patient can make the final decision as to what is an appropriate medical treatment. No medical device or drug is 100% safe and effective. This is an important consideration in any decision when seeking medical treatment.

It follows then that the government's response to the phthalates in medical devices must differ from its approach taken with other consumer products.

Concerns have been raised about the safety of DEHP in medical devices since the 1980s. These concerns are based on studies showing that DEHP administered at high doses to rodents caused certain adverse effects, particularly effects on the developing reproductive system in young males.

There is concern that DEHP has the potential to produce similar adverse reproductive effects on humans, although there are no reliable data demonstrating that it does.

Health Canada has extensively studied the safety of DEHP in medical devices. In 2001 Health Canada completed a review of the scientific and medical literature and in the fall of 2001 convened an expert advisory panel to review the report and provide specific advice on managing the risk associated with the use of DEHP in medical devices. The recommendations of the advisory panel were made public in January 2002 and implemented.

In 2003 Health Canada published a draft position paper regarding the use of DEHP in medical devices. Health Canada has committed to finalize this position paper within the next few months.

Bill C-307, as amended in committee, recognizes that it is not in the best interests of Canadians to ban all medical devices containing DEHP in Canada at this time because alternate treatment options may not exist; and secondly, alternate treatment options may present higher risks to the patients.

Bill C-307 will aim to provide Canadians with continued access to needed medical devices, such as blood bags and intravenous tubing, when DEHP-free devices are not available or appropriate.

Under this bill the Government of Canada will work with the health care community, hospital associations, industry and other stakeholders to facilitate the development and promotion of clinical practice guidelines for the use of DEHP-containing medical devices. It will finalize and release a position paper on the use of medical devices containing DEHP and develop a guidance document on labelling requirements for these products.

The government will also give priority to the review of phthalate-free medical devices intended to be used on vulnerable patient groups. These actions will lead to a phase-out of the use of DEHP in medical devices starting with those used on vulnerable populations such as children, pregnant women and newborns.

This approach will aim to provide Canadians with continued access to the best available medical devices and treatment options. Health Canada continues to monitor and review the approaches of other global regulatory agencies with regard to the potential risks associated with DEHP and other phthalates used in medical devices.

Since the 1980s' Canada's risk management approach to this subject has been evidence based, recognizing the balance between potential exposure to DEHP with the need for medically necessary treatments.

I can assure members that Canada's approach to minimize the risk associated with medical devices containing DEHP is one of the most stringent in the world. I would also urge members to support Bill C-307 as amended by the committee and proposed actions by Health Canada and Environment Canada aimed to ensure the health and well-being of Canadians.

I would like to take a moment to reflect on the hard work of the Parliamentary Secretary to the Minister of the Environment, the member for Langley, and his lead at the environment committee. We all know that can be a very challenging position. The member for Langley has demonstrated that the committee process is active and well through the cooperation of the mover of the bill and others to demonstrate that this Parliament is in fact working.

As I mentioned previously, Bill C-307 was amended at committee to make sure that we clearly reflect the realities in the medical community. Medical devices are very important. On one hand we want them to be available; however, as I said, there are always risks with some devices. I think the committee has struck a balance. The Parliamentary Secretary to the Minister of the Environment should be congratulated for navigating this bill through the committee.

I think Canadians, in particular vulnerable Canadians such as children, pregnant women and newborns, will be better off for the hard work of the committee, and particularly the member for Langley, the Parliamentary Secretary to the Minister of the Environment.

[Mark Warawa, Conservative, Parliamentary Secretary to the Minister of the Environment]

Mr. Speaker, it is a pleasure for me to rise today in the House to speak to Bill C-307, the phthalate control act.

The bill seeks to regulate the use of certain phthalates in specific consumer products and cosmetics that Canadians may be exposed to. I am pleased to say that after a lot of hard work by all the members in the environment committee to fix some of the major errors of the bill, we think we have found a way to move forward with the bill. It was good to focus on solutions. Solutions are very important for our environment.

As previously mentioned, phthalates make up a group of chemicals that are used to make certain types of plastic softer and malleable. These plastics may be used in a variety of consumer products, such as shower curtains and blood bags, including small toys or other children's products.

Bill C-307 deals with three of these, which I will refer to by their common substance names: BBP, DBP and DEHP.

The government recognizes that the current state of scientific knowledge and evidence for one of these phthalates, DEHP, warrants more aggressive measures to help reduce Canadians' exposure to it. These additional measures will complement and strengthen the existing voluntary actions taken since 1998.

Briefly, I would like to outline the existing activity related to DEHP in consumer products and cosmetics, the only phthalate so far that has been declared toxic under CEPA 1999.

Toys, equipment and other products for use by a child in learning or play are covered under the Hazardous Products Act. There currently exists guidance to industry on the requirements for plastic used in toys designed for children under the age of three. In 1999, Health Canada requested Canadian industry to discontinue the use of phthalates in the manufacture of soft vinyl teethers and baby products that could be mouthed by young children.

Based on Health Canada's retail market reviews and intelligence gathered from various levels of trade, including importers, exporters, distributors and retailers, the evidence shows very little Canadian manufacturing of children's plastic toys, rattles and teethers. The vast majority if not all of this activity takes place offshore, predominantly in Asia.

As a continued precautionary measure and to ensure a level playing field for all industry, the government will implement within 12 months of the coming into force of the act a prohibition of DEHP in products intended or likely to be used for sucking, chewing, feeding or mouthing by a child under the age of three. This prohibition will be accomplished by using the authorities of the Hazardous Products Act. The prohibition will allow for continued use of existing compliance and enforcement strategies to monitor the marketplace and will ensure that established mechanisms for communicating consistent messaging and directives are used to inform industry and the general public.

The government's actions also will bring Canada more in line with the European Union's actions for similar types of children's products. Having similar requirements may foster opportunities to share compliance information, leading to opportunities to help limit the numbers of non-compliant products entering our country.

Our government takes pride in the fact that the best suitable risk management options are discussed and selected based on sound science. As hon. members of Parliament, it is our duty to ensure that risk is taken into consideration when weighing control measures for chemical substances used in consumer products.

The mere presence of a chemical substance does not necessarily mean that the public is at risk when using those products. The bill's approach for phthalates achieves this goal by focusing our actions where the greatest risk exists for the consumer products: those intended or likely to be used for sucking, chewing, feeding or mouthing by a child under the age of three.

In addition to actions proposed for the specified consumer products, DEHP in cosmetics will also be addressed by Health Canada through the authorities provided in the Food and Drugs Act under cosmetic regulations.

While the phthalate DEHP has not been reported in any cosmetics notified with Health Canada, it is used in other countries as a cosmetic ingredient. By controlling DEHP, it will make it clear to cosmetic manufacturers that they cannot use DEHP in new formulations and it will allow Health Canada to quickly identify and take action on any cosmetic product sold with DEHP in the formulation.

The government would like to note that the estimated risks from other phthalates in cosmetics such as nail polish are negligible, based on several scientific expert panels in Europe and the United States.

New regulations that came into force for the Canadian cosmetic industry in November 2006 require manufacturers to label product ingredients. This means that if a phthalate is used in cosmetic preparation, it would be identified on the product label, allowing customers to make an informed choice about which brand to use.

As a result of this bill, the Government of Canada is committed to reviewing the available science on phthalates. Pending the results of those assessments, the government will have the opportunity to further control specific phthalates in consumer products and cosmetics, based on sound science and potential risk to users.

The government is supportive of Bill C-307 as it shows Parliament's commitment to improving the health and safety of vulnerable populations, our children.

[Nathan Cullen, NDP, Skeena—Bulkley Valley, BC]

Mr. Speaker, for members who are following the process of the bill, many, unlike you, will get dismayed by the language and terminology used and contained within it. The chemicals that are addressed within the bill, while complicated in their nature and obvious pronunciation, which again you had no problem with and it was quite remarkable, many parliamentarians will say that this is awfully specific and they may ask why this has been raised at this time.

A number of principles are contained within the bill, which we fought for rigorously and had considered for a long time. This is one of the few and rare exceptions that we will be bringing something as important, as specific, to the protection of Canadians and their health, particularly to the health of our children.

The concept around the family of chemicals known as phthalates has been raised by New Democratic members in this place for 12 years now. Various members from different parts of the country have raised the issues of what is contained in our consumer products in particular, how that will eventually affect the health of Canadians and the way the government is ill-equipped to deal with it on a day to day basis.

Many Canadians, when considering the role of governments or the role of private industry, assume that governments will take on the capacity of protecting the overall health and well-being of Canadians, by not allowing products and chemicals that harm us to enter our bloodstream, our health and our environment. They would never knowingly do this.

The challenge facing government is the enormous number of chemicals that are introduced each and every year by various industries, both domestically and internationally, and how to contain them and have some sort of understanding of what effect those chemicals have on human health.

This particular group of chemicals known as phthalates are used predominantly in the softening of plastics. Various members in the House will know that even the cords we use in our microphones allow this plastic flexibility. They are often use in children's toys, rubber duckies, teethers, et cetera to soften the plastics. Oftentimes they contain serious quantities of phthalates in them. This would not be a problem, except for the fact that government health agencies around the world have identified certain parts of these chemicals to be developmental and reproductive toxins.

For a number of people watching, they might wonder why these chemicals, which are known to have such harmful effects, have been used for so long. In various lab testings they have been found to cause tumours. They are endocrine disrupters. That means they go to the genetic reproductive level of humans and cause disruptions. In particular, they get concentrated in small children and affect their developmental growth.

How could we have allowed these chemicals to go through our manufacturing process and be used for so long? Clearly, there must be some reasons. For a number of years, industry has presented various reasons.

Recently the government was engaged in the review of the Canadian Environment Protection Act, known as CEPA for short, which was designed some years ago. It was up for review for a number of years and, finally, after haranguing, we were able to get it through the committee and present a number of important recommendations. I suggest those recommendations dovetail in with the recommendations proposed in Bill C-307.

Government is oftentimes catching up to the developments that go on within the chemical and manufacturing industries. The innovation and consumer demand for new and innovative products is so high that the manufacturers are seeking new ways to present their products.

Unfortunately, when dealing with these three phthalates, BBP, DBP and DEHP, they are often presented in such a way where the proper rigorous testing is never brought. Government does not have the resources at capacity, and we have heard this from testimony in front of us and also when we reviewed CEPA, to do the proper testing.

It seems that in government there is a certain amount of aversion to raising any alarm bell. These very chemicals were reviewed in 1994 and 2004. They were found to be what is called not CEPA toxic. Unfortunately, the nature and design of the tests can often predetermine the results. When the government, particularly in 1994 but also 2004, went through the testing, it eliminated things like consumer products.

I have already listed some of the products that contain these chemicals, but there are others such as cosmetics, nail polish, blush and mascara. All these are also known to contain these chemicals.

When the government went through the review on the exposure of Canadians to chemicals and whether that exposure would be harmful, it excluded all consumer products. It seems a bit dastardly and at the very least shortsighted. One tries to take some measure of faith within the hard-working civil servants, but that oversight needs to be corrected.

The bill seeks to correct that. There would be another review process for these chemicals. We would include consumer products. We would also include up to date information, not information that was known 13 or 15 years ago.

The bill seeks to do a number of other important things, but it is important at this time to recognize the validators that have come on board such as the Canadian Cancer Society and a whole swath of environmental and health groups that have seen their way to support the merits of the bill, as well as other jurisdictions, in particular Europe, which has been conducting a process called REACH. It is a new vision of looking at chemicals, trying to instill principles such as substitution. It is also the review of chemicals in such a way that we avoid unnecessary risk and harm. It is the precautionary principle, which is written into Canadian law but is almost never practised.

Let me deal with each of them separately.

The precautionary principle says that even in the absence of 100% certainty, we take a cautious route and try not to expose Canadians to something we suspect might be harmful, but still requires further study. We do this all the time and every day in our lives. We know there is not a 100% certainty of falling off a bicycle and getting a head injury, but we put on a helmet anyway. The precautionary principle says that there is some chance this could happen, and we all recommend that for our children. We say in this cautious way that we will recommend this thing. That principle is built into the bill, and we believe for the first time in Canadian legislation. It says we must take a precautionary approach.

The second principle is one around substitution. Oftentimes when legislators of all levels of government seek to ban a dangerous chemical, unfortunately the industry will come forward and raise the economic spectre. It will say not to do it, that it will be too expensive and it will cost Canadians jobs. We have to weigh out that fear. Is it true or is the industry avoiding change?

What the substitution principle says is that the government, when a known dangerous chemical is being introduced into a product, must first seek and demand of the manufacturer, not of citizens or government, to look for alternatives. Is there an alternative available to soften plastics or to apply cosmetics that will function in the same way the manufacturer seeks, but will not harm Canadians?

That substitution principle is one of the recommendations the environment committee, I believe unanimously, suggested in its review of the Canadian Environmental Protection Act, and it is one of the essential things within this bill.

I want to point out a number of other things that are required under the bill.

It requires that regulations respecting cosmetics that contain DEHP, one of these chemicals, under the Food and Drugs Act. It requires products such as toys that contain DEHP and that may come in contact with the mouth of a child less than three years to be prohibited.

An important side note is a certain amount of leaching goes on in a plastic water bottles over time. One of the quickest ways to have these chemicals enter into the greater environment is to chew it, to masticate it.

The sad irony is we were finding products and toys that were designed to be chewed also containing these harmful chemicals. That is the absolute principle of unintended consequences. I believe no manufacturer in the world would put these chemicals in toys, knowingly realizing that children would be releasing these chemicals into their mouths. This bill would prevent that.

There is also a whole sector around medical devices. Here is another system of unintended consequences. There are medical devices that are plastic but they are softened. We know through studies that these chemicals will leach out of the plastics and into whatever is being used. We have blood transfusions and transfusions of many kinds and other testing. This is the absolute last moment, with the vulnerable population of children and now the vulnerable population of those seeking medical attention. They are in hospital for an obvious reason and now, lo and behold, while they are there receiving things like transfusions, they may be receiving a known reproductive toxin.

There are a number of things that did not happen in this bill. I suppose in a minority Parliament, as in many places in life, that concessions have to be made. We wanted to go a step further than the bill describes. There should be an outright ban on all these chemicals in cosmetics and toys. We also asked for a phase-in period for medical devices.

There is still reluctance on the government's part. We appreciate that there have been some concessions by the government and those within the bureaucracy, but we still believe, in principle, that there is much further to go. We still believe that when the government goes through its testing and retesting, with the proper parameters, and with a good look at these chemicals, it will realize there are substitutes available. We had witnesses come before us to talk about medical devices. They said that they had held these medical devices in their hands and they did not contain any of these chemicals. They can be made and at a cost benefit.

Hospitals in this country and across the United States have labelled themselves phthalate free. When people enter those hospital, there is no chance of contact because they have self-initiated. When they looked at the studies and did the research, they encouraged the manufacturers. The manufacturers have stepped to the plate because, lo and behold, there is a market. They have made the products that then go to the hospitals where there is no potential for contamination.

We think some Canadian hospitals have moved this way, and there will be growing numbers. We would recommend that the government get ahead of these health and hospital groups and look at making these things come true.

Another essential principle is identifying vulnerable populations in the bill. When we deal with the notion of toxins in our environment, oftentimes in past legislation and with previous governments adults have been the test group. Many would argue that it makes sense.

However, when we look at the conditions and the nature of children, they have a higher absorption rate of many of these toxins because of their body mass to skin ratio. These are used by the medical and health communities to determine someone's vulnerability to a toxin. Children are almost in all cases more vulnerable than an adult.

Recently one of the environment groups in Canada did toxicology of our blood. It tested famous Canadians. The former minister of the environment and the leader of the NDP found they were exhibiting levels of mercury, PCBs and other things in their blood, some that have been banned for a number of years. They are bio-accumulative. They come through our bloodstream.

One of the results of this testing showed that even in families that had made a concerted effort to live well had toxic levels as high as other Canadians in some cases. They do not live in a particularly toxic air shed or environment, they try to eat well and do all the things we tell Canadians to do. In fact, their children's toxicity was higher than the adults.

One of the first nations' elders in my community commented to me the other day, while we were talking about another issue, that “we must become good ancestors”. I thought this was a powerful way for us to think about it as the leadership in our country. We must conduct ourselves in a way that future generations will look back and thank us for the work that we did and honour our memory, not in a way that we have seen our generation conduct itself by leaving behind problems and not solutions. We are leaving behind a more toxic world, not a cleaner one.

In a small way, but an important way, we believe the bill pushes us in the right direction: substitution, precautionary principle and looking at vulnerable populations. I think Canadians when given the measure will find important, will find meritorious. We look for support for this bill from all sides.

Speaker's Ruling

[The Deputy Speaker, Bill Blaikie]

There are three motions in amendment standing on the notice paper for the report stage of Bill C-307.

Motions Nos. 1 to 3 will be grouped for debate and voted upon according to the voting pattern available at the table.

I will now put Motions Nos. 1 to 3 to the House.

I understand that the member for Skeena—Bulkley Valley is withdrawing Motion No. 2 so we will not be debating or voting on Motion No. 2.

The House proceeded to the consideration of Bill C-307, An Act to prohibit the use of benzyl butyl phthalate (BBP), dibutyl phthalate (DBP) and di(2-ethylhexyl)phthalate (DEHP) in certain products and to amend the Canadian Environmental Protection Act, 1999, as reported (with amendment) from the committee.

Environment and Sustainable Development

[Bob Mills, Conservative, Red Deer, AB]

Mr. Speaker, I have the honour to present, in both official languages, the sixth report of the Standing Committee on Environment and Sustainable Development entitled “Bill C-307, An Act to prohibit the use of BBP, DBP and DEHP in certain products and to amend the Canadian Environmental Protection Act, 1999”.

In accordance with its order of reference of Tuesday, October 31, 2006 your committee has considered and held hearings on the subject matter of Bill C-307, An Act to prohibit the use of benzyl butyl phthalate (BBP), dibutyl phthalate (DBP) and di(2-ethylhexyl)phthalate (DEHP) in certain products and to amend the Canadian Environmental Protection Act, 1999, and agreed on Thursday, May 3, 2007 to report it with amendments.

[Bob Mills, Conservative, Red Deer, AB]

Mr. Speaker, I have the honour to present, in both official languages, the fourth report of the Standing Committee on Environment and Sustainable Development in relation to requesting an extension of 30 sitting days under Standing Order 97.1(1), to consider Bill C-307, An Act to prohibit the use of benzyl butyl phthalate (BBP), dibutyl phthalate (DBP) and di(2-ethylhexyl)phthalate (DEHP) in certain products and to amend the Canadian Environmental Protection Act, 1999.

Phthalate Control Act

[Dean Allison, Conservative, Niagara West—Glanbrook, ON]

Mr. Speaker, I appreciate the opportunity to speak to Bill C-307, an act to prohibit the use of certain phthalates, BBP, DBP, and DEHP in certain products, and to amend CEPA 1999.

The health of Canadians and our economic and social progress are fundamentally linked to the quality of our environment. This government is committed to the protection of human health and the environment and is taking action on a number of harmful chemicals. We are doing so under the Canadian Environmental Protection Act, 1999, CEPA 1999, which is one of the government's most important progressive tools for achieving pollution prevention and sustainable development.

Through an open and transparent process established under CEPA 1999 the government ensures that substances used in Canada do not pose undue risks to Canadians or to the environment. For instance, since 1994 no new substances can be manufactured or imported into Canada until the potential risks to human health or the environment are assessed and appropriately managed. If risks cannot be managed, the substances are banned in Canada.

CEPA 1999 also mandates the government to review, and where necessary to manage, risks associated with the large number of substances that were already being used in Canada before 1994.

CEPA 1999 is guided by a set of principles that guide actions to protect our health and our environment. The act seeks to: contribute to sustainable development by preventing pollution; promote coordinated action with partners, including the provinces, territories, and aboriginal governments to achieve the highest level of environmental quality for the health of Canadians; and manage risks from substances and virtually eliminate releases of substances that are determined to be the most dangerous.

The CEPA management process is composed of a number of integrated components. Under CEPA the government has established programs of research and monitoring to strengthen the scientific basis for making decisions. For example, CEPA requires research to determine how substances are dispersed and how pollution can be prevented and controlled. Research into the impacts of substances on both the environment and human health are also mandated by the act. This includes investigation into the role of substances in illness and health problems and specifically, substances that can affect the endocrine system of humans and animals, including fish.

The results of such work, as well as information gathered through monitoring changes in the environment and human health, are vital to building sound knowledge for decision making under CEPA 1999. They also inform the public, industry and other interest groups about the environment and human health issues.

Science is also at the heart of assessing the impacts of substances on the environment, as well as the risks to human health of exposure to harmful substances.

Risk assessment also helps to identify the sources of pollution that pose the greatest risk. In essence, risk assessment provides information on which many activities under CEPA 1999 are based.

CEPA 1999 defines a process for ensuring that the public and interested groups have adequate time and opportunity to comment on or object to the results of risk assessments before decisions are made and action is taken. Once a risk has been determined, action is planned on how to manage it.

Under CEPA 1999 a variety of tools may be used to take the best action, action that protects the environment and human health, that is cost effective and that takes into account social, economic and technological factors as well as provincial and territorial governments.

CEPA 1999 provides for certain instruments to be developed, ranging from regulations to the requirement to prepare and implement pollution prevention plans, to guidelines and codes of practice.

Other approaches outside of CEPA 1999, such as voluntary agreements or actions under other federal, provincial or territorial legislation may also be used to manage the risks.

Follow-up to ensure that risk management decisions are carried out is as important as assessing the risks and putting the risk management tools in place. In fact, involving the public and other interested groups in the creation of effective approaches to reduce risks helps to promote awareness and to achieve high levels of compliance with the management decisions once they are made. When non-compliance is a problem, a range of activities will be used, from promoting awareness of the measures required to reduce or prevent risks, to strict enforcement actions.

CEPA 1999 provides the framework for the identification, prioritization and assessment of existing substances and for the control or management of those considered to pose a risk. This framework is broad, open, transparent and evidence based.

With regard to the phthalates targeted by Bill C-307 specifically, the government has undertaken thorough environmental and human health assessments under the Canadian Environmental Protection Act of BBP, DBP and DEHP.

Furthermore, the government has taken action to address the risks that were identified through these assessments. From a health perspective, the human health assessment concluded that two out of the three substances, namely BBP and DBP, did not pose any undue health risks. However, the human health assessment of the third substance, DEHP, concluded that there are health risks associated with the exposure of this substance.

In response to the assessment conclusion of DEHP, Health Canada requested the Canadian industry to discontinue the use of all phthalates in the manufacture of soft vinyl teethers and baby products that could be mouthed.

This government is committed to the protection of human health and the environment, and we have already taken the steps through the appropriate procedures and authorities in regard to BBP, DBP and DEHP. This government is concerned that the legislation proposed by the member for Skeena—Bulkley Valley would circumvent this process. At the same time, we understand and share the concern of the member for Skeena—Bulkley Valley that the health of our children is too important not to impose some sort of precautionary principle or backstop regulation.

This government is committed to addressing risks from substances wherever they are identified through a comprehensive, open and transparent approach and through cooperation with other governments and all stakeholders. We will continue to work with all of our partners to ensure that Canada is at the forefront of international chemicals management and that Canadians and the environment are protected.

[Denise Savoie, NDP, Victoria, BC]

Mr. Speaker, I am pleased to take part in this debate. I want to thank my colleague from Skeena—Bulkley Valley for all the work he has done on this very, very important bill.

As has already been pointed out, Canadians are very concerned about the number of toxins found in our bodies. In fact, this was discussed at a meeting on health and the environment that many people in Victoria attended last weekend. They wondered about the lack of interest and the lack of urgency that the Liberals had shown and that the Conservatives are now showing with regard to regulating the 4,000 chemicals that were approved before the government passed the Environmental Protection Act and that are still on the market, such as the phthalates we are talking about this evening.

Two decades went by before these products received serious study in Canada. The three chemicals we are talking about today are among the 69 substances on the priority list for the CEPA review process. Two of them, DBP and DEHP, are already considered toxic, within the meaning of section 64 of the act, and a decision on the third, BBP, is pending.

We know that these chemicals are toxic and represent a threat to our health. How could we let them into our lives?

It happened because our governments, the people who are responsible for acting in our best interests, protecting us and protecting our health and that of our children, have long been refusing to act according to the precautionary principle. In fact, during the last debate on this bill in this House, the parliamentary secretary seemed more concerned about the economic impact than about the health of Canadians.

One of the great failings of our society is our persistent refusal to act according to the precautionary principle when it comes to toxins in our environment. As far back as 1964 the World Health Organization told us that 80% of all cancers were due to synthetic human made carcinogens. Now there is overwhelming evidence that the huge increase in cancer rates is linked to the increased chemical production of the last 100 years.

What have we done with that knowledge? We have put, it seems to me, profit before people. We have allowed chemicals to enter our environment, our household products, and our children's toys. If we want to have a sustainable health care system, we will use preventive medicine. Reducing toxins is our first start.

We know that, compared to the European Union, Canada is dragging its feet on regulating these chemicals and that it is not acting according to the precautionary principle.

What I do not understand is that we, the public, have to prove that these chemicals are hazardous, whereas the chemical companies do not have to prove that their products are safe.

We have to start shifting priorities.

Let us remember this principle requires government to act even in the absence of certainty if there is a risk of irreversible damage. Studies have linked serious health defects to all kinds of problems, from endocrine disrupting mechanisms to developmental and many others.

This bill is important, because it points to the need to act.

I would like to address this evening some of the parliamentary secretary's concerns during the last debate. He indicated, for example, that the human health assessments concluded that two of the three substances, namely DBP and BBP, do not pose any undue health risks. He failed to mention that there are few cumulative or interactive studies possible, given the wide number of chemicals we are exposed to on a daily basis.

The U.S. national academy of sciences has decided that DBP is a developmental toxin and BBP is a development and reproductive toxin. California has placed these products on the proposition 65 list of harmful substances. Yet, we have not ensured that Canadian children are protected from direct exposure to these chemicals.

The parliamentary secretary also indicated it would be premature to act in light of the ongoing study of the 4,000 products still on the market. I certainly agree that a comprehensive response is needed, but a specific response to these particular chemicals does not preclude comprehensive action as he suggests. Indeed, both are needed. How long does it take to put in place regulatory mechanisms, especially for known toxins such as the phthalates.

Canadians have in fact benefited somewhat from decreases in some of the phthalates due to actions not taken in Canada, but from other jurisdictions.

Canada does need a regulatory backstop to ensure that Canadians are protected and Canada does not become a dumping ground for these toxins. The question when addressing potential toxins should not be, do we remove them? It should be, do we allow them to enter our environment in the first place?

Many Canadians have concerns about the way we still approve chemical products. Is it too lax? Are enough tests done? The onus is on whom to show that the products are safe?

Bill C-307 should be brought to committee to highlight that the chemical approval process in Canada should find ways to better protect our children. That must be the fundamental goal. I urge my colleagues to approve this bill at second reading and to bring it specifically to the committee's consideration to bring out these various issues.

[Marcel Lussier, Bloc, Brossard—La Prairie, QC]

Mr. Speaker, Bill C-307, introduced by the member for Skeena—Bulkley Valley, seeks to prohibit the use of phthalates in certain products. Last week, I commented on perfluorooctane sulfonate (PFOS), which Bill C-298 seeks to add to the Virtual Elimination List under the Canadian Environmental Protection Act.

My argument last week was based on two studies conducted at great expense by private organizations to determine whether 68 toxic chemicals were present in blood and urine samples.

The first study, conducted by Environmental Defence and entitled “Polluted Children, Toxic Nation: A Report on Pollution in Canadian Families” included 13 individuals—6 adults and 7 children.

The second was mentioned by Kenneth Cook of the Environmental Working Group in Washington, D.C., during his testimony before the Standing Committee on the Environment and Sustainable Development.

The results of these two private studies—and I use the word “private” because they had to assume the cost of the analyses themselves—are alarming. In the first study, 68 chemicals were analyzed and 13 individuals participated at a cost of $10,000 per person for a total private investment of $130,000. As for the second study, Mr. Cook said that the 10 blood samples cost $10,000 each for a total of US$100,000.

In other words, when an individual conducts a study he has to invest over $100,000 to get results. Despite this significant investment, subsequent criticism is often on the statistical reliability or the sample coverage.

I was saying that the alarming results of both studies led me to conclude that the toxins absorbed or accumulated by adults, through ingestion, inhalation or contact with the skin, can also be transmitted to the fetus through the placenta in the uterus. This is an incredible discovery that demonstrates that newborn babies no longer have the option of taking positive action against toxins later on in life through healthy living, a strictly controlled diet or a pure environment. Babies no longer have that option later in life, for they already have toxins in their system from birth. They are born contaminated.

The results of the analyses of the 68 chemicals studied confirmed that on average 32 chemicals were detected in the parents and 23 chemicals were detected in the children who volunteered for the first study.

What we do not know about is the synergy in this cocktail of toxins in the organism. In chemical reactions there are reducing agents, oxidizing agents and buffers. How do all these chemicals react with one another? Do some chemicals wait for certain others to reach certain concentration levels in the blood to start a reaction produced by another latent toxic chemical? Who knows? No one knows because such in-depth research is rarely ever done.

There are many unknowns when it comes to the interaction of toxins in the human body. Far too often, medicine detects results without knowing the cause: cancer appears, fertility decreases, fetal weight drops, a number of cases affect childhood development, respiratory problems increase—especially asthma in young children—as does the incidence of diabetes.

Who is responsible for this? Is a combination of toxic chemicals responsible? Medicine cannot pinpoint the guilty party.

As for phthalates, Bill C-307 proposes limiting, as much as possible, the exposure of vulnerable populations to such products based on the precautionary principle.

By virtue of that principle, when there are reasonable grounds to believe that an activity or product could cause serious and irreversible harm to human health or the environment, measures must be taken to mitigate the risk until the effects can be documented. Such measures may include, if a certain activity is at issue, reducing or ending the activity or, if a product is at issue, banning the product.

Accordingly, PVC-based soft materials must be kept away from children's mouths. Manufacturers, importers, distributors and retailers are obligated, under Health Canada regulations, to ensure that soft plastic teethers and rattles do not contain phthalates. The same is true for children's educational toys. The full array of products intended for commercial and private use is far too extensive to list here tonight. Suffice it to say that the majority of items made from PVC-based plastic, whether rigid, semi-rigid or soft, contain phthalates.

Furthermore, I do not mean merely traces of phthalates in these products, since certain products can contain up to 50%. These include the plastic bags we use everyday, food wrap, plastic rain gear, your shower curtain, Mr. Speaker, waterproof boots, garden hose, children's bath toys and intravenous blood bags. In short, phthalates are everywhere in our daily lives.

We agree with the principle of this bill. We believe, however, that some of the bans proposed in this bill are already effective enough, while others perhaps go too far, considering that practical, effective and safe replacement products are not available. Accordingly, we will propose some amendments at the committee stage.

The House resumed from June 20 consideration of the motion that Bill C-307, An Act to prohibit the use of benzyl butyl phthalate (BBP), dibutyl phthalate (DBP) and di(2-ethylhexyl)phthalate (DEHP) in certain products and to amend the Canadian Environmental Protection Act, 1999, be now read the second time and referred to a committee.

[Bernard Bigras, Bloc, Rosemont—La Petite-Patrie, QC]

Mr. Speaker, I am very pleased to participate in today's debate on Bill C-307, An Act to prohibit the use of benzyl butyl phthalate (BBP), dibutyl phthalate (DBP) and di(2-ethylhexyl)phthalate (DEHP) in certain products and to amend the Canadian Environmental Protection Act, 1999.

At the outset, I would like to inform the House that we intend to support the principle of the bill introduced by the NDP member. The precautionary principle must guide our deliberations throughout the study of this bill. We must ensure that if Canadians are to come into contact with a certain number of substances—even if we are not aware of all of the health risks they may pose—we are guided by the precautionary principle.

Phthalate is used along with other chemicals in many products. It is in BBP, DBP and DEHP, which are used to coat a number of products, making them more supple and flexible. The most commonly used compounds are the DEHPs, which are present in 40% of soft PVC plastics.

PVC is also used in the manufacture of various products, such as toys, flooring, tiles, blood bags, medical devices and food packaging. PVC is also found in the additives of cosmetics such as nail polish, hygiene products such as shampoo, and pharmaceutical products.

How can we be exposed to these substances, which can most certainly be considered toxic, depending on the dose and the percentage used in each product?

First through the mouth. I am thinking in particular of our children who use soothers or pacifiers which may be composed of these substances, substances which can have an impact on their health.

Second, in toys.

[Nathan Cullen, NDP, Skeena—Bulkley Valley, BC]

moved that Bill C-307, An Act to prohibit the use of benzyl butyl phthalate (BBP), dibutyl phthalate (DBP) and di(2-ethylhexyl)phthalate (DEHP) in certain products and to amend the Canadian Environmental Protection Act, 1999, be read the second time and referred to a committee.

Mr. Speaker, for all interested members and Canadians watching, the pronunciation of the bill is not a requirement to support it. It is sound government policy and I know there is support from various sides of the House for such sound legislation.

I would first like to thank my colleague from Winnipeg Centre for seconding this.

We have seen some small steps from the government to conduct itself in such a way, when it comes to the health and protection of Canadians, to operate under some fundamental principles. One of those principles is called the precautionary principle. It is a principle that has been outlined for a number of years and is used in jurisdictions across the world to prevent undue harm and unnecessary harm falling upon their citizens.

I will take the tobacco companies, for example, and then I will get to the specifics of the bill.

For many years, there were claims that there was no ill health effects due to tobacco. Companies would rely upon some sort of naive and false version of true and pure science needing to connect completely the smoking of tobacco to the many forms of cancer that were supposedly caused by that. For decades, these companies hid behind pseudo-science and the need to prove it beyond any reasonable doubt, meanwhile making record profits and costing taxpayers not only the physical cost of cancers and the pain to those people and their families, but hundreds of millions of dollars in health care costs.

It was only when public support grew to a level sufficient to push governments, both at the federal and provincial levels, to do something about this, that the companies finally had to come forward and admit there was enough health science to prove that smoking was harmful for our health.

No politician in our country will get up and suggest that we should reverse the direction that has been made when it comes to smoking, the prohibition of where people can smoke and the ability to sell to minors. Therefore, we have moved beyond that debate.

However, when it comes to chemicals and the toxic soup that Canadians are asked to swim through each and every day of their lives, the question for government and the responsible leaders of our country is, what are we doing to protect the health of Canadians? Are we doing all that we can?

Clearly, when we look at the group of chemicals to be banned under my bill, we have not done enough. This would ban three specific chemicals, and I am not as courageous as the Speaker in terms of attempting the pronunciation of all these. I will leave that to the organic chemists, but I do definitely take my hat off for the Speaker's efforts. There are three: BBP, DBP and DEHP.

These are specifically placed in products used by some of the most vulnerable people in our society and placed in such a way that allows toxins to then leach out of the products and into the humans who use them. In particular, many of these chemicals are placed in products which children frequently use. Knowing that these chemicals have been associated with a whole list of extremely serious health risks and knowing that they can be brought into a young person's body is the same as knowing the way those products are designed.

I will give an example. Many soothers are put on the market that contain two of these chemicals. Chewing the product will allow the chemical to be released from the product. There is this sad and twisted irony in the way these products have entered into our distribution chain and marketplace, completely unintentionally. They are causing extremely worrisome effects felt by the most vulnerable in our population, who are children.

The bill promotes the banning of these chemicals within 12 months, once the House has passed this bill. Many jurisdictions have already taken these first courageous steps, and I will speak to that.

Also a commercial element is involved for Canadian manufacturers looking to make some of these products. We are talking about children's toys, cosmetics and some medical devices as well. The European market and a number of American markets and others have banned these products over a series of time. If Canadian manufacturers hope to sell any of the listed products, they will be unable to export to any of those markets. Therefore, on the health of Canadian economy and on the health of individuals, this makes clear sense.

These chemicals allow plastics, in particular, to become softer. The original forms of plastic in commercial use were extremely hard and durable, but were not malleable at all.

It is an important consideration, whenever we look at banning a chemical through the manufacturing process, that reliable alternatives can be used and are safe. In this case there are a number of them. What is most attractive about phthalates, this family of chemicals, is that they have an extremely wide use. Manufacturers in other jurisdictions have been called upon to get a little more specific about the replacement chemical to be applied.

A number of these chemicals are also used in cosmetics. When we put these chemicals into things like children's toys, which children then chew on, or in cosmetics that are applied to the face, they leach out or off-gas. A number of studies have been done on carpets and paints. There is that new car smell with which people are familiar. Those are primarily the same group of chemicals and they are not necessary.

In not being necessary and not being implicit to the manufacture of any of those products, it causes one to wonder why government has not taken this step before. Given that we have a new government, we are willing to push this and see what kind of support we can get from around this House to doing something progressive.

The problem with the ability of these chemicals to enter into our into our bodies, is they do not have a chemical bond. That allows them to off-gas quite easily. The other secondary problem is that they accumulate in the fatty tissues of organisms. This is a process of bioaccumulation. Any trace amount that passes through one's system stays there because it gets trapped in the fatty tissues.

A recent study was done by Pollution Probe, I believe. It is one of the environmental groups that was studying the actual chemical makeup of Canadians and the levels of toxicity. It was by no means a conclusive study because the sample was too small. However, one of the things that was most interesting was that children in some cases had higher levels of these toxins than their parents did, even though they had obviously been on the Earth for a much shorter time. Part of the reason is the child might be consuming toxins at a much greater rate as a ratio to their body mass and also that the bioaccumulation, the ability of certain chemicals to stick in our bodies, then gets passed on to children.

A great list of unbelievable diseases and effects is associated with these chemicals. It strikes one as incredible that they even exist at all in commercial use, but let us blame the times and ignorance when they were first brought in. However, knowledge being power, clearly it is incumbent upon us to do something about it.

In particular, a number of studies have shown the abnormal reproductive development in small male children. I have an incredible list of the effects of these chemicals and I will table these documents. I hesitate doing that however because what these chemicals can cause is absolutely unbelievable. They primarily target the reproductive systems of small children and in particular small young males.

Again, when one steps back to the precautionary principle, if there is evidence linking this, in the absence of absolute 100% confirmed science, it is incumbent upon us to remove any chance at all of inflicting this upon any younger members of our society, who through no fault of their own, through their simple existence in their day to day lives, start to incur some of these health effects.

The list of general disorders and malformations is long and disturbing. Some of the less graphic in nature are strong links to allergies in children, premature deaths, testicular cancer. In animals that were tested with these chemicals, there was reduced fertility, spontaneous abortions, birth defects, damage to liver, kidneys and lungs. These things are absolutely incredible in terms of the number of disorders to which they are linked. There is no need or cause to be alarmist. It is simply to point out where the studies have led us

Just last month the United States national toxicology program published a draft brief on one of these chemicals, DEHP, examining its risks. The study found that they were probably affecting humans in their development and/or reproduction and that current exposures were high enough to cause concern.

When reading the list of possible ailments that would fall on those in our society, that in itself is enough to cause members to take a serious and hard look at what has been proposed in the bill, to determine that the measures are reasonable and responsible and that the bill should be supported. I will take a small quote from the study, which is extensive. I can table that document as well. It says:

Although there is no direct evidence that exposure of people to DEHP adversely affects reproduction or development, studies with laboratory rodents clearly show that exposure...can cause adverse effects...Based on recent data on the extent to which humans absorb, metabolize and excrete DEHP, the NTP believes it is reasonable and prudent to conclude that the results reported in laboratory animals indicate a potential for similar or other adverse effects in human populations.

This is not an alarmist group at a federal level in the United States.

When we look at other jurisdictions in the world and see what they have done with this family of chemicals, we find a long list of legislators are raising the alarms and seeking to pull these chemicals from our system.

The European Union has a more comprehensive ban than the one suggested in Bill C-307. I am always encouraged by that. If we can get the European nations to agree on anything at any given point in time, we have truly pulled off a miracle. In respect to something such as this, with the strong chemical manufacturing element of the European economy and this having gone through all of the hoops and levels required in that quasi-federal governance, it shows that its ban in specifically targeting those products aimed at children, especially, shows the strength and intention of the will of European parliamentarians. We would be well to heed their call.

Argentina, Fiji, Finland, Japan and Mexico have all banned this group of chemicals in children's toys. It is a wide and diverse group of countries. There are many more under consideration. The U.S. Food and Drug Administration has recommended considering alternatives containing products when performing high risk procedures on male newborns, pregnant women with male fetuses and male preteens eight to twelve years old.

Even without the full “proven link” that has been sought by companies from tobacco on down, the U.S. FDA has said that on those vulnerable groups, particularly pregnant women who are due to bear male children and young male boys, we must find alternatives because other options are available.

For the life of me I cannot understand why members in the House would not support such an initiative, with options being available and given the list of dastardly diseases and effects related to these chemicals.

Health Canada has an even stronger policy when it comes to phthalates. Though it is still in draft, it recommends that DEHP not be used for certain procedures and that DEHP containing products be labelled.

I want to quickly go to alternatives. It is important for people to realize that if companies have sought alternative and responsible products, they be allowed to use them so they remain profitable. A number of European based companies and some American ones have been able to find alternative and responsible products to replace these. Some cosmetic companies have already started a phase in.

My last point, for members in this place and for those watching, is the principle of precaution, the principle of using sound judgment, even in the absence of full and complete knowledge on an issue in cases such as this, is paramount to the type of decisions we make. The onus we use must be reversed. It must not be left to consumers to somehow prove that the products they buy their children are safe. They simply do not have the time, wherewithal or capacity.

The onus must be put on those making the products and those attempting to introduce those products into the marketplace. It is simply responsible government to do this. It is responsible for all of us to strongly consider the bill. I look forward to the debate that ensues.

[Nathan Cullen, NDP, Skeena—Bulkley Valley, BC]

moved for leave to introduce Bill C-307, An Act to prohibit the use of benzyl butyl phthalate (BBP), dibutyl phthalate (DBP) and di(2-ethylhexyl)phthalate (DEHP) in certain products and to amend the Canadian Environmental Protection Act, 1999.

Mr. Speaker, this bill seeks to ban a collection of chemicals known as phthalates that end up in products, particularly products used by young children. This would be one of the first times in Canadian law that the onus of responsibility would be shifted on to the manufacturer to prove that a product was safe prior to its arrival in the marketplace. This is a bill that addresses the most vulnerable populations in our society, particularly children and pregnant women. There are similar bans in Europe and many of the United States.

Support from the environment groups and health groups across the country has been strong. I look forward to support from members across the aisle and around this House.

(Motions deemed adopted, bill read the first time and printed)