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

May 1st, 2008 / 4:40 p.m.
See context

NDP

The Deputy Speaker NDP Bill Blaikie

It is my duty pursuant to Standing Order 38 to inform the House that the questions to be raised tonight at the time of adjournment are as follows: the hon. member for Saint-Bruno—Saint-Hubert, Ethics; the hon. member for Davenport, Arts and Culture.

Resuming debate, the hon. member for Victoria.

Food and Drugs ActGovernment Orders

May 1st, 2008 / 4:40 p.m.
See context

NDP

Denise Savoie NDP Victoria, BC

Mr. Speaker, it is my pleasure to speak to Bill C-51, which is being presented in tandem with Bill C-52, which I spoke to earlier.

Bill C-51 seeks to amend the Food and Drugs Act. It has some positive aspects. A bill to better protect consumers is long overdue. Canadians have suffered harm from recalled products and death from drugs that were approved for sale too quickly.

The Food and Drugs Act has been eroded over long years of the former government. Canadians, it seems to me, have lost confidence in the government's ability to protect their health. Perhaps it has to do with the former government's big love affair with large pharmaceutical firms, but whatever the cause, Canadians feel that their health is not being protected, and this is what we must address.

In its present form, the bill is hugely inadequate and there is much that is worrisome about it. I have received literally hundreds of emails and letters about the bill. I would like to read some of them because they provide some interesting insights on how Canadians feel right now.

The official intent of Bill C-51 is to fill in gaps in health protection and to ensure the safety of Canadians. To that end, the bill proposes to implement sweeping changes in how Health Canada will regulate drug products.

As I have said, there are fundamental aspects that are problematic and that will keep the bill from doing what it purports to do, which is protecting Canadians. Instead, some of what is in the bill could likely have an adverse effect on Canadians' health.

I would like to touch on a few subjects that the bill addresses. The first one relates to advertising. In the modification that the bill proposes, it would likely have the effect of providing an opportunity for drug manufacturers to bypass the advertising bans by applying for exemptions. This simple change is disturbing in that it would render the government vulnerable to lobby pressure by large pharmaceutical multinationals.

It is important for Canadians to have clear information about the health product they take. We should not reasonably expect companies to advertise their products and expect that they will do so to educate Canadians.

I want to refer to some testimony that was given at committee by an independent drug policy researcher from my city of Victoria. I stress “independent” because often when presentations are made at committee they are made by people who either have ties to pharmaceutical companies or push for policies that improve the profits of the companies. It is important to mention that this researcher, whose name is Alan Cassels, is an independent researcher. He made the following comments at committee recently:

The pharmaceutical industry spokespeople will tell you that they should be involved in the education of consumers about drugs, but let me show you how they choose to educate consumers. This “toe tag” ad appeared in many magazines and major newspapers across Canada. This one came from the National Post of February 20, 2004. It shows a toe tag hanging off a corpse with the headline, “What would you rather have, a cholesterol test or a final exam?” Here's another example, from Maclean's magazine, of the same ad.

These ads are probably the most egregious example of disease-mongering that this country has ever seen. The ads, which ran in both France and Canada, were the subject of a letter from the World Health Organization to the medical journal The Lancet, complaining that this kind of advertising is undoubtedly driving the inappropriate use of cholesterol-lowering drugs around the world.

This proposed policy would be a policy basically on disease-mongering. It is important to maintain our current ban on direct to consumer advertising of pharmaceuticals but we need to go further than that. We actually need more strict control on the advertising of diseases. The industry might call it disease awareness but it may be closer to the truth to call it disease-mongering.

One place to start would be to ask Health Canada some hard questions. What is our policy around this so-called industry advertising? Do we collect data if this kind of advertising is driving the inappropriate use of pharmaceuticals? What research into this kind of approach has been commissioned? What other steps is Health Canada taking to control it? Instead of trying to deal with patients who may be dying from prescription drugs, how can we stop people from taking drugs they do not need in the first place?

The last question, a question that Mr. Cassels raised in committee, is very important. This is an aspect of proactive health, which we just do not do in Canada, that is inadequately funded and has not received enough resources, energy and thought.

We should not be allowing any shortcuts to advertising. Instead, we should be providing better information for patients. There is a dire need for Canadians to receive approved and regulated information provided by an independent, objective source that is free from profit driven industries that sell drugs. This bill would not do that.

At committee, the NDP will be seeking to ensure that there is no direct to consumer advertising and that it will be completely removed from the bill. We cannot allow that to happen.

Another aspect of the bill that is of concern is that it takes a radically different expedited approach to the drug approval process, which the government calls progressive licensing. Progressive licensing would have the effect of speeding up the process of new drugs to the Canadian marketplace. It sets up an ongoing life cycle approach without any new improvement to the pre-market testing of new drugs.

This is the first time a bill of this sort codifies the trade agreements, like NAFTA, for grounds for refusing to release information about safety and efficacy that companies submit in order to get their products approved. This clause is absolutely objectionable and needs to be removed and replaced by making transparency the default option.

If we want Canadians to take responsibility for their health, they must be able to make better informed decisions and that comes about with more awareness about what particular drugs do and having some choices in the drugs they are allowed to take.

One needs to ask whether this new provision would prevent similar recalls as occurred under Vioxx. Will it prevent another Vioxx type of recall? It appears highly unlikely. Therefore, my colleagues and I will be looking for dramatic changes on this aspect at committee as well.

Bill C-51 also raises the question about the speed with which drugs will be moved through the approval process. This really relates to parliamentary oversight and the kind of parliamentary oversight we should be requiring. The provisions in the bill would make it possible to grant conditional approvals, thereby getting new drugs to market faster than is possible under the current regulations. Pre-market safety requirements may be less stringent or even be bypassed all together according to the stipulations of the bill.

There also is no commitment in the bill to making the results of post-marketing studies public, which is another concern.

Another troubling aspect of the bill is that it would provide the Minister of Health and Health Canada with considerable discretionary authority that falls outside the purview of Parliament. In other words, Bill C-51 could effectively remove democratic oversight, bypassing elected officials in favour of allowing bureaucrats to enforce regulations that fall short of the standards Canadians deserve.

I spoke a little about the kind of information that is really important for Canadians to access in order to make crucial health decisions on the safety of the products they are taking. Perhaps the most onerous change that is being proposed in the bill relating to the Food and Drugs Act involves the provisions regarding natural health products. Many Canadians prefer to look for complementary strategies to stay healthy. I myself benefit from such products and it does help me to stay much healthier.

The provisions in the bill are worrisome because among the modifications proposed by the bill are radical changes to key terminology, for example, replacing the word “drug” with “therapeutic products” throughout the bill and therefore bringing the natural health industry under the scope of the Food and Drugs Act and Health Canada. This far-reaching change would give the Minister of Health broad powers to regulate all natural health and plant derived products and, in the process, restrict access to these products for Canadians.

Up to 60% of the natural health products currently on the market would be outlawed as a direct result of the enactment of Bill C-51. This would remove a lot of choices for Canadians.

From some of the many letters I have received, there is one from a medical doctor who says, “I'm a medical doctor and a doctor of Chinese medicine living and working in Victoria. I'm becoming concerned that the new Bill C-51 introduced by the health minister might affect the public's and my patients' access to natural health products in Canada”.

Indeed, the clauses in this bill would have a serious limiting effect.

It is not by succumbing to the big pharma lobby that we will achieve balance in better regulating natural health products. That is an important piece: we must have a better balance. Perhaps we can do it by creating a third category. This something that the natural health industry has been calling for. Instead of buckling under to the big pharmaceutical lobby, it would simply have its own category, by itself, and regulations that do achieve that balance.

Another comment I have received which has concerned me is the following: “I and my family are opposed to Bill C-51 as it will restrict access and increase prices of natural health products we use regularly”. I think we are all aware that right now Canadians are having a more difficult time. Our economy is in decline. Many people are struggling to make ends meet and are using natural health products to stay healthy. Increasing the prices at this time would certainly not be helpful.

Another comment from one of my constituents states: “Regulations of natural health products should be separate from pharmaceuticals”. This is something that I think we will be asking the committee to look at.

Another comment that has been made is in regard to concern about how quickly this bill is being pushed through the process, disregarding recommendations made by many consumer public forums, health coalitions, and so on.

For the many people who suffer from chronic illnesses of various kinds, I think access to natural health products really keeps them functioning and protects their quality of life. This is what they are asking us to do. I will be asking members of the committee to look at this aspect of the bill very seriously to see if the draconian measures being proposed really warrant what is being asked. Merely selling garlic to someone would make it a drug product under this new definition. Does that make any sense? There are many other examples like that.

I see that I am running out of time, so I will conclude simply by saying that Canadians want to be able to use natural products to keep their families in good health as one of the many ways used to maintain health. Being forced to use a pharmaceutical option is not the way to go. That is something I am going to oppose.

I hope the committee will look at making these much needed amendments while protecting the overall purpose of the bill, which is to ensure that products sold to Canadians are safe.

Food and Drugs ActGovernment Orders

May 1st, 2008 / 5 p.m.
See context

Bloc

Nicole Demers Bloc Laval, QC

Mr. Speaker, I thank the hon. member for delivering such an eloquent speech on Bill C-51.

She explained very clearly a number of problems that are found in this legislation. I wonder if she could tell us more on the issue of drug advertising which, under the bill, would be authorized to a much greater extent than is currently the case. The fact is that this already creates a problem.

I would also like her to tell us a bit about the fact that the minister would really have a great deal of latitude to decide by himself whether he wants to change the thrust of the bill, or whether he is prepared to keep it as reviewed and probably amended by the Standing Committee on Health,.

I wonder if the hon. member could give us her thoughts on this.

Food and Drugs ActGovernment Orders

May 1st, 2008 / 5 p.m.
See context

NDP

Denise Savoie NDP Victoria, BC

Mr. Speaker, I thank my hon. colleague for her questions. The two issues she raised are indeed of great concern to me.

First, there is the issue of advertising. We can already see some television ads. Under the current legislation, the reasons behind such ads cannot be discussed. Under Bill C-51, however, exemptions or special permission may be sought.

Earlier, I gave the example of an absolutely appalling ad promoting a certain drug whose name escapes me, but the ad basically gives you a choice between keeping your cholesterol in check with that drug or dying. That is so far-fetched that it makes no sense.

What Canadians need is more awareness-raising, real information provided in a transparent fashion.

Currently, our physicians across the country are provided information by the pharmaceutical companies. Where does the government stand on protecting the health of Canadians? Do doctors have the time to look after that? We are all aware of the shortage of doctors. They are already rushed. Will they have the time to read up on all these new drugs, each new one being advertised as better than the last? Do they have enough time for that?

The proposed amendments should really include an objective way to provide this kind of information first to our doctors, and then to the general public.

As for the second question, I really have not looked into the matter much. Nonetheless, it is important that Parliament, this House, the elected representatives maintain authority over that aspect. From the moment that we forfeit the responsibility we have been given by the people of Canada, we limit the information the minister will take into consideration. So, it is important that, as elected representatives, we continue to ensure that this responsibility is maintained.

Food and Drugs ActGovernment Orders

May 1st, 2008 / 5:05 p.m.
See context

Liberal

Paul Szabo Liberal Mississauga South, ON

Mr. Speaker, I have a very brief question. I am sure the member has received a number of communications from constituents and from health network organizations. In my experience, from what I have seen and received so far, there seems to be a vibrant skepticism about the bill, both about what it does and about the process.

It will be helpful to the whole process if that skepticism is addressed frontally. In fact, this bill should pass at second reading and go to committee so that we can have public hearings and get the assurances and the explanations for all of the questions people have, because there are some allegations out there about what the bill does or does not do. It is not helpful when people have a misunderstanding.

I wonder if that has been the member's experience. Would she concur that we should ensure there are vibrant committee hearings on the bill to make sure we hear from the experts as well as the representatives of the users of natural health care products?

Food and Drugs ActGovernment Orders

May 1st, 2008 / 5:05 p.m.
See context

NDP

Denise Savoie NDP Victoria, BC

Mr. Speaker, I think debate is always important. Accurate information is as well. I have indicated my concerns about this bill, but it is important to have all the information about it and important that it be debated openly, as I said, with information from independent researchers as well, not necessarily information or advice from large pharmaceutical companies.

I would like to hear from the Canadian Health Coalition and from drug regulatory experts such as Barbara Mintzes and Alan Cassels, whom I cited earlier. Many of these other experts could come before the standing committee. We could hear from them about what the bill would actually do.

I have heard from literally hundreds of constituents, but many of them seem to be fairly well informed about the bill. Some of the information, I have to say, comes from medical doctors who practice holistic medicine and are interested in achieving and ensuring a proper balance between so-called prescription drugs and so-called natural health products, which is not the case at the moment under what is being proposed here.

Food and Drugs ActGovernment Orders

May 1st, 2008 / 5:10 p.m.
See context

Conservative

The Acting Speaker Conservative Royal Galipeau

The hon. member for Richmond—Arthabaska has the floor for a brief question.

Food and Drugs ActGovernment Orders

May 1st, 2008 / 5:10 p.m.
See context

Bloc

André Bellavance Bloc Richmond—Arthabaska, QC

Mr. Speaker, I will be brief, particularly since I am the next speaker. I will save some of my time.

I just wanted to put a question to the hon. member. There seems to be a consensus that this bill should move forward to committee, but a lot of questions are raised.

Does the hon. member feel that this bill makes reference to what is happening with advertising on the Internet? We are increasingly swamped with this form of advertising. Then, there is also the advertising found in American magazines that are available here.

We are getting drug advertising through all sorts of media, and I wonder if the bill addresses this issue. If not, then should we not do it in committee?

Food and Drugs ActGovernment Orders

May 1st, 2008 / 5:10 p.m.
See context

Conservative

The Acting Speaker Conservative Royal Galipeau

The hon. member for Victoria has one minute to respond.

Food and Drugs ActGovernment Orders

May 1st, 2008 / 5:10 p.m.
See context

NDP

Denise Savoie NDP Victoria, BC

This is an excellent question and one that, in my opinion, should be raised in committee. Indeed, a lot of the advertising that reaches us comes from the United States. There is advertising in magazines, but when it comes to the Internet, it is an altogether different issue. There are already draconian regulations in every area, but even more so in this one. Therefore, it would be worth our while to review this issue, or at least to raise it.

Food and Drugs ActGovernment Orders

May 1st, 2008 / 5:10 p.m.
See context

Bloc

André Bellavance Bloc Richmond—Arthabaska, QC

Mr. Speaker, I am pleased to take part in this debate on Bill C-51, An Act to amend the Food and Drugs Act and to make consequential amendments to other Acts.

My hon. colleagues from Laval and Victoria, who spoke earlier, focused on the health aspect and on advertising. Other aspects of this bill also drew my attention. In an effort to keep our viewers at home from losing interest—although the members' presentations were far from boring—I will change the subject somewhat. I will branch off and address the new powers that will be given to the Canadian Food Inspection Agency.

Since I am the agriculture critic for my party, I know it is something that concerns us deeply. People from the Union des producteurs agricoles have also stated their position on the matter.

As we were saying earlier, we in the Bloc Québécois feel it is important that this bill move forward through the legislative process to the committee. This bill raises a number of questions. We have tried to touch on many aspects, but we must ensure that everything is done correctly. That is why we will be very vigilant in committee. I am convinced that my colleague from Laval, as well as my colleague from Québec, who takes care of the health file, will be able to give this bill, if it ever passes, a thorough analysis that will address the concerns of most people.

This bill was introduced at the same time as Bill C-52, which I also spoke to here in this House. We had the opportunity to talk about it earlier this week.

These two bills have to do with health, but they also touch on the agrifood aspect. While Bill C-52 has to do with the safety of consumer products, Bill C-51 could introduce certain measures that I will describe here. During my presentation, I will also explain the traceability system and the recall management system. We are talking about a framework to eliminate damaging effects on health, as well as other areas, but I will focus primarily on those aspects of Bill C-51.

The bill deals with the advertising of drugs, their marketing, approval and traceability. Since we have already had an opportunity to hear about advertising, I will concentrate on traceability, as well as the new powers assigned to the Canadian Food Inspection Agency under the provisions of this bill, which was announced some time ago, at the same time Bill C-52 was announced.

According to a spokesperson for the Canadian Food Inspection Agency, that agency could intervene as soon as a potential health risk became known concerning food imported into Canada. The CFIA could obtain a more precise evaluation of the risk from the country concerned. It could also ask that country for additional evidence of inspection, and standards equivalent to those imposed on our own manufacturers or producers, and of course, not more stringent because of international agreements. We cannot require other countries to impose standards that are more severe than those we apply to our own producers or manufacturers for the very simple reason that we would be contravening the laws and regulations of the World Trade Organization.

However, it is very important that people should know that at present there are still no reciprocal standards. We have said that for a long time and I will have more to say in that regard.

Therefore, unfortunately, under the rules, there are still some products or foods that come into Canada, for example, fruit and vegetables that may come from China—we are always talking about that country—or from India, but also from the United States, on which pesticides, insecticides or certain chemical fertilizers that are forbidden in Canada and in Quebec have been used. In fact, those products are allowed in those countries. It is their choice. I do not necessarily dispute that. They have the right to use the pesticides they want.

Nevertheless, one thing certain is that, here in Canada, there is a very large and well-developed awareness of food safety. We want to use fewer of these products, even though, sometimes, we do not really have a choice. However, we must ensure that where fruit and vegetables are treated in other countries with products that are forbidden in Canada, they cannot cross our border and be sold on the shelves of our grocery stores.

I am very anxious to see that in the application of the law. Undoubtedly, we will look at that issue in committee. Bill C-51 should correct a weakness that we have pointed out many times here in the House, in debate or through questions.

Every time that the Canadian Food Inspection Agency comes to speak to the Standing Committee on Agriculture and Agri-Food, we discuss this. It would be great news if we were able to make these improvements to the inspections.

According to Canadian Food Inspection Agency spokesperson Robert Charlebois—not to be confused with the singer—who was quoted in the April 24 edition of La Terre de chez nous, the Agency will even be able to test products believed to be at risk before they clear customs. That would be a solution to the problem I mentioned earlier. If that were the case, it would be very good.

The Agency currently intervenes when a problem arises, but not before. A number of foods have been recalled from store shelves. When the Agency knows, it does a good job. It issues the recall and the product is removed from the shelves. Nevertheless, there is always room for improvement.

We cannot wait until someone gets sick to take action, although it must be done, since bad things can happen. However, if the Agency had the power, the possibility or the means to intervene before the product even hits the shelves, imagine how many illnesses we could prevent. Cross your fingers. We have not had any deaths, as they have in other countries when a person ingests some of these products, but it happens. We cannot kid ourselves; it happens. There are people in poor health who may ingest foods contaminated with salmonella or what have you, and can die.

It is important to do everything we can to ban these products and ensure that they will not be sold before they hit the shelves, and certainly before they end up on our tables and in our mouths.

The Bloc Québécois is calling on the government to intervene if products enter Quebec and Canada that do not meet our health standards. We have been demanding this for a long time and we will continue to do so.

We also denounced this lack of control over food and other imported goods, and we demanded that the government clean up its legislation in order to eliminate shortcomings that subject the health of Canadians to the goodwill of importers. In this regard, I recently read an article in the April 2 edition of the newspaper Le Soleil. It is very short but nonetheless very revealing. It says:

The Canadian Food Inspection Agency (CFIA) admits that unsafe food from other countries may be made available to consumers, which is a concern for the Minister of Agriculture, Fisheries and Food.

The article is referring to the Quebec minister. It continues:

In the past three years, Canada has had to recall dozens of foods that may have been contaminated.

Michel Labrosse, the Agency's national import operations manager, remarks that people have the impression that the government controls everything, but that is not the case. He noted that unlike meat and eggs, which have a good tracing system, vegetables or processed goods may only have a seal of goodwill from importers and their business partners.

Safety is left primarily up to the importers who, according to Mr. Labrosse, act in good faith 98% of the time.

I do not know whether this is a statistic that Mr. Labrosse truly obtained from the department or if that was his approximation. Nonetheless, if 2% of importers are not doing their job, whether intentionally or not—naturally we hope that it is not intentional but the thought of the money may result in goods not suitable for consumption being put on the market—that is 2% too much.

I will continue with the article from Le Soleil:

Marion Nestlé, a professor at the University of New York, believes that there are holes in the food systems of Canada and the United States that may let in bacteria and other harmful substances. Two years ago, three Americans died and almost 200 others became ill after eating spinach contaminated with E. coli.

I was talking about this earlier. You will remember that American spinach was also removed from our grocery stores.

According to Michel Labrosse, perfectly shaped and blemish free products sought after by consumers have a greater risk of having pesticide or herbicide residues.

I believe that consumers increasingly want good quality products. Regarding appearance, if people notice that a product's appearance is perhaps less shiny because no pesticides or herbicides were used, they may well choose that fruit or vegetable that does not look as great as the bright, shiny ones next to it. They will wonder whether the better looking product was sprayed with all sorts of substances. Consumers are increasingly aware of that kind of thing and they make informed decisions concerning their health and that of their families.

In my speech on Bill C-52 this week, I gave examples of such tainted products: cantaloupe, spinach, which was just mentioned, melamine-tainted pork, pear juice, and carrot juice, all in recent months alone. As we can imagine, there have been many recalls over the past few years. That is why I also called for enhanced inspection powers and, more importantly, the hiring of additional inspectors at the Canadian Food Inspection Agency.

We should make it clear that it is not up to farm producers to pay for the increased inspections and inspection staff. I think that the government's budget can handle the cost of developing an appropriate inspection system. I also pointed out earlier this week that the government had lacked judgment, which prompted a reaction from the Minister of Labour. Perhaps what I meant to say was that the government had been remiss. Considering how long it has been aware of the problem, it should have acted much sooner. I am not going back on what I said, far from it. It is never too late to do the right thing.

All those who were made sick by food they ate that should never have passed inspection here must be telling themselves that they might have been spared the inconvenience had there been more inspections and more inspectors. I think that any parent who has seen his or her child get sick after eating something knows what I am talking about.

So the existing law has to be modernized to reflect new approaches when it comes to safety and traceability. We are told that this is what Bill C-51 does. We intend to send this bill to committee so we can be sure that this will actually be the case. For example, we are told that all importers will have to have a licence. Today, that is only required for importers of meat and fish. The requirement will be expanded to have licences for all food importers, and that is a good thing.

This brings me to the importance of traceability. In Quebec, Agri-Traçabilité Québec was set up in 2001. The mission of Agri-Traçabilité Québec is to contribute to improving food safety and the competitive capacity of Quebec producers. That institution is responsible for developing, implementing and operating a permanent identification system for agricultural product traceability, and covers both animal and plant products. This is what is called the tracking principle, from field to table.

Quebec is well ahead of many countries and also the other provinces, and I am not saying that to pat ourselves on the back. That is what we must be aiming for. It is a good thing that it was developed in Quebec. We are very proud of it, and now it has to serve as an example for the rest of Canada. Whether we like it or not, interprovincial trade means that we are obviously going to be getting food that also comes from the other provinces, and this has to be expanded to other countries as well.

Agricultural producers in Quebec are the first in America to have access to such a highly developed traceability system. It allows for accurate identification of the source of a problem and makes it possible to contain it in order to avoid it becoming endemic or spreading throughout the processing and distribution chain all the way to consumers.

Consumers therefore have greater confidence in our products, in an era when we are affected by irreparable harms, when we think about what happened during the mad cow crisis or the avian flu. We think it does not affect us, but in British Columbia there were poultry destroyed because of a pandemic.

So we are not immune to it. I am also thinking about foot and mouth disease. But I will not list every disease and problem that might arise in cattle, poultry or other livestock. Clearly food safety is a matter of great concern.

Consumers, producers and the entire agri-food industry cannot help but rejoice in the idea that stricter measures and additional resources to enforce them will soon be in place. We will ensure that this happens. And that is what Food & Consumer Products of Canada said in their announcement about Bills C-51 and C-52 in a press release on April 8, from which I will quote a few lines.

The legislation’s focus on risk-based inspection, accountability for importers and strengthening recall provisions for quick intervention when problems arise, would significantly improve Canada’s ability to detect contaminated food and consumer products...Focusing on imported goods from countries or companies with a history of problems just makes sense. Increasing our ability to scrutinize and oversee imports based on risk greatly enhances our ability to detect threats to public health without crippling commerce or violating our trade commitments.

That shows that there are positives to consider in this bill. That is what my colleague from Québec, health critic for the Bloc Québécois, and I conveyed in this House on April 1 when we questioned the government about food inspections. The Canadian Food Inspection Agency's failure to monitor imported products is resulting in a lower level of compliance for foodstuffs, thereby threatening food safety for consumers. We demanded food security measures, and we have no intention of letting up simply because this bill has been introduced.

We have already mentioned that the Quebec government and a number of experts have denounced the failure to monitor imported food. This situation not only threatens consumers, but also producers because the imported products do not meet the same standards as local products, as Christian Lacasse, president of UPA, said.

I think that I have gone into enough detail about this issue over the past few minutes for the people to understand how important it is to us that there be reciprocity with respect to standards for pesticides, insecticides and herbicides in the countries with which we trade. It is unacceptable that chemical products banned here, such as pesticides, insecticides, herbicides and some fertilizers, can be used on foods produced in other countries that end up on our grocery store shelves.

I look forward to seeing if Bill C-51 will bring about any real changes to this state of affairs. It is time for the government to demand trade reciprocity. That is why the committee will be especially vigilant in its work to ensure that the necessary resources to enforce the new rules are clearly provided for in the bill.

I see the time, and I get the feeling that I do not have much left, but I want to say that some of the objectives in this bill need to be emphasized, such as avoiding problems by instituting broader targets for potentially unsafe food imports, increasing the government's power to prevent problems by requiring the industry to implement monitoring for unsafe foods, and expressly forbidding the modification of foods. We also want to improve targeted monitoring by increasing the government's power to verify food safety at all points along the supply chain, including before they are imported into Canada.

I have often said that it is important to go to the source to see exactly how foods are grown. We need to know that. We need to do that. If foods are not produced in accordance with our environmental standards, even if it is just a problem with the water used to grow the food, we should simply tell those countries that their products cannot come here.

In conclusion, we also want to support rapid intervention by creating a new power that requires those modifying foods to keep files, by improving access to the information needed to follow up efficiently on problems that arise, and by modernizing and simplifying inspection systems. If we achieve that, it will be a step in the right direction.

Food and Drugs ActGovernment Orders

May 1st, 2008 / 5:30 p.m.
See context

Liberal

Lui Temelkovski Liberal Oak Ridges—Markham, ON

Mr. Speaker, after listening to the hon. member, I would like to ask him a number of questions.

My constituency office has received letters from the natural food products industry. I am wondering if the hon. member's office has also received letters from that industry. What is his party's policy on this issue?

Could he speak to the issue of whether or not advertising by drug manufacturers will be affected by the bill? Will drug manufacturers be able to advertise directly to the public?

Food and Drugs ActGovernment Orders

May 1st, 2008 / 5:30 p.m.
See context

Bloc

André Bellavance Bloc Richmond—Arthabaska, QC

Mr. Speaker, I thank the hon. member for his two questions, which do not necessarily deal with the same issue.

My speech dealt primarily with food. As the hon. member may know, I am the Bloc Québécois critic on agriculture and agri-food. However, I will be pleased to answer his question on drug advertising.

As for the first question, unfortunately, I cannot answer it. I would have liked him to ask me the question that was put to him. If he wants to send me the questions that he received from the industry and to which he referred in the context of Bill C-51, I will be pleased to look at them. As for me, I have not yet received any correspondence on this bill and on the concerns that it may raise.

As for advertising, it is clear that it is not something that is prohibited. However, when it comes to drugs, the situation is totally different than with cars or clothes. Even that type of advertising must be regulated. Some things that were tolerated many years ago can no longer be done. The hon. members for Laval and Victoria provided examples of companies that used totally unacceptable forms of advertisement. Under current rules, companies cannot necessarily promote their product the way they would like to, by explaining exactly what it is. So what these companies do is they promote it in a way that is sometimes almost funny. However, the underlying message is very important, and this is where we have to be very careful.

The hon. member for Victoria mentioned the advertisement of a drug to control cholesterol. It shows a person dying of that condition on television. This is like telling people that they must take that drug or die. That is basically the message conveyed.

Some things are unacceptable and cannot be done. We must regulate this, while also allowing merchants to survive.

In conclusion, we can have advertising, but it must be very closely regulated to ensure that it is not disturbing to people, and also that it is not pernicious.

Food and Drugs ActGovernment Orders

May 1st, 2008 / 5:35 p.m.
See context

NDP

Wayne Marston NDP Hamilton East—Stoney Creek, ON

Mr. Speaker, I raised earlier with another member in the House the fact that the changes to the bill regarding advertisements would move it to a regulatory level. The concern I have is that there would be the potential for an order in council which would allow for the PMO or the cabinet to decide what appropriate advertisements would be allowed. My concern, and perhaps the member shares this concern, is that would open the door to lobbyists one more time in a different way. That is a very unfortunate aspect. Perhaps when the bill makes it to committee, that would be one of the areas we could address.

Food and Drugs ActGovernment Orders

May 1st, 2008 / 5:35 p.m.
See context

Bloc

André Bellavance Bloc Richmond—Arthabaska, QC

Mr. Speaker, that is precisely what I suggest the member do: make the necessary changes and ask good questions at committee. I am convinced that the members from all the parties represented in this place can do that.

I agree with him. When the minister's discretionary power is too broad, that does open the door to all kind of lobbying, especially from big firms seeking to influence the minister's decision. And pharmaceutical companies are no small potatoes.

Unfortunately for me and for the hon. member, there will always be lobbyists; we just have to learn to live with them. One thing is for sure, though: making the nature of future regulations governing drug advertising very clear in the bill will ensure that the minister will not necessarily be able to do as he pleases when he pleases and, more importantly, he will not have pressure put on him or take orders from lobbies which might be richer or more influential.