Bill C-6 (Historical)

Canada Consumer Product Safety Act

An Act respecting the safety of consumer products

This enactment modernizes the regulatory regime for consumer products in Canada. It creates prohibitions with respect to the manufacturing, importing, selling, advertising, packaging and labelling of consumer products, including those that are a danger to human health or safety. In addition, it establishes certain measures that will make it easier to identify whether a consumer product is a danger to human health or safety and, if so, to more effectively prevent or address the danger. It also creates application and enforcement mechanisms. This enactment also makes consequential amendments to the Hazardous Products Act.

Canada Consumer Product Safety Act

[Greg Rickford, Conservative, Kenora, ON]

Mr. Speaker, very briefly, this legislation is designed to deal with issues that arise. If there are safety issues with respect to the product, this legislation is designed to do that, include labelling.

[Kirsty Duncan, Liberal, Etobicoke North, ON]

Mr. Speaker, today I rise in the House to support Bill C-6, An Act respecting the safety of consumer products.

Albert Schweitzer, doctor, philosopher and Nobel Prize winner, warned that “Man has lost the capacity to foresee and forestall. He will end by destroying the earth”.

I would like to give the House a lesson in history regarding a product and a devastating disease.

Animal slaughterhouse wastes have been recycled into animal feed since the beginning of the 20th century. In the mid-1970s, the U.S. department of agriculture decided that carcasses of sheep afflicted with the disease scrapie should not be used in animal or human foods. Tragically, the U.K. government decided that its industry should be left to decide how its equipment should be operated. It was not until 1996 that processing standards were introduced.

In the United States, government oversight and relatively inexpensive restrictions may have prevented the mad cow epidemic. In the United Kingdom, industry self-policing provided ideal conditions for the development of the progressive, fatal disease that affects the brain.

Reducing risks to health has been a preoccupation of people, physicians, and politicians for the last 5,000 years.

Virtually every major advance in public health has involved the reduction or the elimination of risk, with the result being that the world is a safer place today. It is safer from accidents, deadly or incurable diseases and safer from hazardous consumer goods.

Therefore, it is the government's duty to do all it reasonably can to accurately assess and reduce risks, such as making sure that food, medicines and other products are safe.

Although government can rarely hope to reduce risks to zero, it can aim to lower them to a more acceptable level and should openly and transparently communicate risk and risk reduction strategies to the public.

The Canadian government introduced Bill C-6 on January 26, 2009, to ensure, through regulation, that risk is reduced and that Canadians have access to safer consumer products.

The bill is important because it would fill many regulatory gaps and give government the power to issue recalls and raise fines. Companies and their directors, officers and employees may be held criminally liable for contravention and penalized up to $5 million.

The bill would prohibit the manufacture, importation, advertising and sale of a consumer product that is a danger to human health or safety, is the subject of a recall or does not meet the regulatory requirements that apply to the product.

The bill would require that all persons who manufacture, import or sell a consumer product for commercial purposes maintain documents identifying from whom they obtained the product and to whom they sold it, and provide regulators with all related information within two days of becoming aware of an incident. These mechanisms will help ensure that products can easily be removed from store shelves when a recall is made.

Bill C-6 would also give regulators the power to order manufacturers and importers to conduct tests on a product, to provide documents related to those studies and to compile any information required to confirm compliance.

The bill also would give inspectors new wide-ranging powers, including the power to order a recall if they believe, on reasonable grounds, that a consumer product is a danger to human health or safety. These powers may be invoked even when there is a lack of full scientific certainty.

This is a strength of the bill, as scientific standards for demonstrating cause and effect are extremely rigorous and often time-consuming, substantial damage to humans may result during long testing. For example, many experts strongly suspected that smoking caused lung cancer long before overwhelming proof became available. Unfortunately, hundreds of thousands of smokers died waiting for a definitive answer. Thousands of others, however, quit smoking because they suspected, as there were 7,000 articles by 1964, that tobacco probably caused lung cancer.

When a product raises threats of harm to human health, precautionary methods should be taken, even if some cause and effect relationships are not fully established scientifically.

Perhaps the following questions might be asked at committee. Why does the bill not phase out or ban known carcinogens and other toxic chemicals in consumer products? Why does the bill not create a mandatory testing and labelling scheme? Does the bill go far enough to protect the health of Canadians from toxic imports? Will the government dedicate the necessary resources to enforce the bill?

The United Steelworkers remind us that, “recalls and fines all happen after the fact. Canada needs a strategy that repairs...trade deals that have led to toxic imports crossing our border in the first place”, such as in 2007, when millions of Chinese made toys were recalled by both the EU and the U.S. The European Commission subsequently identified over 1,600 products that were considered risky.

We live in an increasingly chemical society. Toxic chemicals are found in everyday consumer products, including art supplies, kitchenware, personal products, pet food, toys, water bottles and many products intended for babies.

When researchers test the air in our homes, the average readings for volatile organic compounds increase in areas where cleaners are stored. CBC's Marketplace showed Pledge registered 273 parts per billion, Clorox wipes more than 1,000 parts per billion. Anything over 500 parts per billion could be a problem for people with sensitivities. Lysol's disinfecting spray, however, recorded 1,200 parts per million, or 1,000 times higher than the Clorox.

Experts do not know how dangerous these chemicals might be, but they are starting to worry. Dr. Gideon Koren, a pediatrician at the Hospital for Sick Children, asks, “How can we, as one of the most advanced countries in the world, allow these to enter our household for small children, without the appropriate testing to see that it's safe?”

Young children are especially vulnerable because they virtually live on the floor. Everything goes into their mouths, and their basic body systems are still developing.

We cannot continue to repeat the key mistake of the past, namely, responding late to early warnings as we did with benzene and PCBs.

Ever since anemia was diagnosed among young women engaged in the manufacture of bicycle tires in 1897, benzene was known to be a powerful bone marrow poison. Recommendations made in the U.K. and the U.S. in the 1920s for substitution of benzene with less toxic solvents went unheeded. Benzene-related diseases of the bone marrow continued to increase dramatically through the first half of the 20th century. Benzene was not withdrawn from consumer products in the U.S. until 1978, and this was done by manufacturers on a voluntary basis.

A chief medical inspector of factories wrote in 1934, “Looking back in the light of present knowledge, it is impossible not to feel that opportunities for discovery and prevention of disease were badly missed”.

As we continue to debate the bill, let us ensure that in 2034, future generations do not lament missed opportunities.

I would like to share my time, Mr. Speaker, with the member for St. Paul's.

[The Deputy Speaker, Conservative, Andrew Scheer]

As we are in the first round of speeches, the hon. member needs unanimous consent to split her time. Is there unanimous consent of the House for the member to split her time?

[Some hon. members]

Agreed.

[Anthony Rota, Liberal, Nipissing—Timiskaming, ON]

Mr. Speaker, the hon. member's speech is well documented.

We have a lot of products and in those products are a lot of byproducts, many of them carcinogens. Canada has gone a long way to identify much of what goes into products, on which we can pride ourselves. This seems to take it one step further.

The question I have today pertains to imported items. An issue that comes up often is Canada goes to great lengths to have safe products. However, we do not see what is coming in from other countries. As far as the testing and labelling of imported products goes, how will the bill help us get around products that are dangerous to Canadians when these goods are imported?

[Kirsty Duncan, Liberal, Etobicoke North, ON]

Mr. Speaker, U.S. companies must label their ingredients in consumer products under the fair packaging and labeling act. In California, products that contain chemicals known or suspected by the state to cause cancer or disrupt normal reproductive functions must have a warning label.

The European Union has an eco-label system. Products such as cleaners, indoor paints and varnishes have to meet certain environmental criteria. Products cannot carry the eco-label flower if they contain cancer-causing substances. It is really important to understand that cosmetics in the European Union are highly regulated. Cosmetic manufacturers must provide safety information on all their ingredients and substances known or suspected to cause cancer are not allowed in European cosmetics.

[Jim Maloway, NDP, Elmwood—Transcona, MB]

Mr. Speaker, 65% of consumer goods sold in Canada are imported. Perhaps I should ask a government member, but I will ask the member this. Has the use of counterfeit approval labels, which are primarily associated with offshore products, been adequately dealt with in this bill?

As we know, that is a big issue with offshore products. Counterfeit labels are being mass-produced in other areas of the world. Those products come in to Canada with counterfeit labels on them and the products are not what the labels say they are.

[Kirsty Duncan, Liberal, Etobicoke North, ON]

Mr. Speaker, that is a very important issue and we would like to hear about that in committee.

[Don Davies, NDP, Vancouver Kingsway, BC]

Mr. Speaker, the public is hungry for reliable product safety information and a law that will get unsafe products off the shelves, if not keep them from being sold in the first place. Parents especially want safe toys. Ninety consumer products, many used by children, were recalled last year and already thirty-seven more this year.

Would the member comment on how she sees the bill affect the safety of products that are used by our children in particular?

[Kirsty Duncan, Liberal, Etobicoke North, ON]

Mr. Speaker, I absolutely agree. As I mentioned, children spend their lives virtually on the floor. They put everything in their mouths and their body systems are still developing. We have to know what is going into the products they use.

I point out that the Canadian Cancer Society reports that healthy lifestyle choices could prevent about 50% of cancers. Each of us has pollutants in our blood and urine: heavy metals, pesticides and other toxic chemicals such as mercury, lead and PCBs. The government currently requires big polluters to report how much is coming out of smokestacks, but it does not require them to report what is going into the products they are making.

[Carolyn Bennett, Liberal, St. Paul's, ON]

Mr. Speaker, I am pleased to speak today on Bill C-6, An Act respecting the safety of consumer products.

This enactment modernizes the regulatory regime for consumer products in Canada. It creates prohibitions with respect to the manufacturing, and especially the advertising, selling, importing, packaging and labelling of consumer products that are a danger to human health or safety.

The purpose of this bill is to make it easier to identify a consumer product that may be a danger and to more effectively prevent or address the danger.

The Liberal Party has always had a commitment to improving the health and safety of Canadians. We will continue to support measures which reinforce the regulatory process in order to be sure that Canadians are consuming healthy products.

The purpose of Bill C-6 is to protect the public by addressing or preventing dangers posed to human health or safety by consumer products that are circulated within Canada and those that are imported.

The bill was first introduced as Bill C-52 in the 39th Parliament and was part of the package that also included Bill C-51, which dealt specifically with natural health products. While Bill C-51 was considered contentious legislation, Bill C-52, now Bill C-6, was generally more accepted by stakeholders, but I do not have to tell the government that this is still hugely problematic to many stakeholders.

An analysis of the bill makes evident that the current consumer products safety system functions on a voluntary basis. If a product is dangerous or poses a health threat, the corporations can issue a recall. The new would bill prohibit the sale, import, manufacturing, packaging, labelling and advertising of consumer products that might pose a risk to consumers. While voluntary recalls will continue to happen, inspectors named under the act or by the minister will now be able to order the recall of a consumer product.

The proposed bill will give substantial regulating powers to the minister. It will be necessary to further study these powers to ensure transparency, effectiveness and accountability. It also requires further study to ensure that it can be implemented effectively.

Increased numbers of inspectors will have to be named by the minister and we need to ensure that the human resources and funding are available to do the job properly.

As with Bill C-11, I will be proposing an amendment at the committee stage, instructing the Minister of Health to consult with an expert advisory committee with a mandate to give public advice before the minister can restrict access to a product.

We have been hearing from many stakeholders who are concerned that C-6 will negatively affect access to natural health products.

The Liberal Party has a deep conviction that Canadians have a fundamental right to make their own choices as far as looking after themselves and remaining in good health are concerned, and that we must guarantee them access to those choices. We have no intention of limiting the consumption, sale and distribution of safe natural products. On the contrary, we wish to promote and protect the health and safety of Canadians and improve our regulations so that they may have access to the foods, remedies and consumer products that are the healthiest and most effective.

That is why we asked the minister to submit Bill C-6 to the appropriate committee of the House of Commons before second reading. This would have provided answers to most of the questions raised in your letter. Unfortunately, the minister refused to do so.

I am concerned, yet again, that the proper stakeholder consultations did not take place with regard to Bill C-6 as with Bill C-11. It was clear during the Bill C-11 hearings that the key stakeholders were not consulted properly during the drafting of the bill. As we know information sessions are very different to meaningful consultations.

We have already heard concerns from key stakeholders that Bill C-6 needs an amendment to deal with tobacco manufacturers and another amendment regarding hazardous substances and toxic chemicals, as the member for Etobicoke North so eloquently put forward.

We have been transparent with the Department of Health and provided it with copies of these proposed amendments and will insist that they are included in a future bill.

If this was to be a repeat of Bill C-11, where information sessions were substituted for meaningful consultation, I hope the government has learned its lesson and will make the appropriate government amendments and bring back the witnesses with the most serious concerns and ensure the bill, as amended, would be acceptable to them.

In any bill we need to ensure that Parliament is able to do its job to develop the best pieces of legislation possible, which requires thorough stakeholder dialogue and input.

As I said, the Liberal caucus has asked that the bill be brought to the committee before second reading so it would be possible to make substantial changes as asked for by the stakeholders. We will reluctantly support the bill going to committee after second reading, but we want Canadians to be assured that we will be continuing to be vigilant in the study of Bill C-6 as it enters the health committee, as we had successful changes with Bill C-11.

It is very important that politicians do the politics, that scientists do the science and that the transmission of information from the scientists to the politician is done in a way in which citizens of Canada are included in the decision.

[Jim Maloway, NDP, Elmwood—Transcona, MB]

Mr. Speaker, I would like to ask the member whether she would agree that the act should create a hot list, similar to that for cosmetics, listing carcinogens, reproductive toxins, neuro toxins; that these substances should be prohibited in products, with temporary exemptions granted only to the extent that the product is essential and only where alternatives do not exist; and that at a bare minimum, any product containing such chemicals should be required to carry a hazard label, as is required in California, Vermont and the European Union? I assume that the member would be in agreement with that list. I know she is a medical doctor, so I would like to get her opinion on that issue.

[Carolyn Bennett, Liberal, St. Paul's, ON]

Mr. Speaker, we know that we have a lot to learn from the ways that other jurisdictions have dealt with exactly these issues, particularly, around importation and around how we know that what is on the label is really what is in the product and for that we also need resources. We have learned from the FDA in the United States that it may not be able to inspect even 1% of the drugs that come into that country.

I thank the member very much for raising these issues around counterfeit products and labelling. If the member has any suggestions of witnesses who should come before the committee, we would very much like to hear from any of the stakeholders that he has heard from who are concerned. We will do our best to make this bill as good as it can be.

[Luc Malo, Bloc, Verchères—Les Patriotes, QC]

Mr. Speaker, the hon. member for St. Paul's criticized the government for how it conducted consultations with regard to Bill C-11, and rightly so. She said they were botched, that they were more like information sessions than meaningful consultations, and that the government must ensure that all of the concerns expressed by the witnesses are heard and properly addressed.

My question is for the member as someone who voted in favour of the bill at the report stage here in this House, as well as for her colleagues. Following the committee's examination of Bill C-11, there were some lingering concerns expressed by expert witnesses who work with pathogens and toxins every day. So why did she decide to ignore those witnesses and vote in favour of Bill C-11 at the report stage?

[Carolyn Bennett, Liberal, St. Paul's, ON]

Mr. Speaker, after listening to all the experts, I am completely confident that their concerns will be addressed by the regulatory process.