Bill C-313 (Historical)

An Act to amend the Food and Drugs Act (non-corrective contact lenses)

This enactment amends the Food and Drugs Act to deem that a non-corrective contact lens is a device for the purposes of the Act. This enactment will ensure that non-corrective contact lenses are subject to the requirements of the Food and Drugs Act.

Food and Drugs Act

[Patricia Davidson, Conservative, Sarnia—Lambton, ON]

moved that Bill C-313, An Act to amend the Food and Drugs Act (non-corrective cosmetic contact lenses), be read the second time and referred to a committee.

Mr. Speaker, today, I am honoured to speak in support of my private member's bill, Bill C-313, An Act to amend the Food and Drugs Act (non-corrective cosmetic contact lenses), in order cosmetic or decorative contact lenses under the same medical device regulations as corrective contact lenses.

I thank the professionals within the eye care community who have contacted my office in recent weeks with their kind words of support for my private member's bill.

Each member in the House today has representatives of the eye care industry in their riding, and I hope members will heed their warnings about the dangers of the incorrect use of decorative contact lenses that we are hearing more about each day in news reports and medical studies.

Bill C-313 has gained the support of three eye care organizations representing various professionals from the eye care industry. The Canadian Association of Optometrists, the Opticians Association of Canada and the Canada Opthalmological Society are important stakeholders in any discussion on eye care related to their profession.

Today, I intend to share medical evidence with hon. members that will show the clear need for the provision sought after by Bill C-313.

Before we discuss Bill C-313 further, I want to take members back to a different time and place, to the autumn of 2007 in the 39th Parliament of Canada. It was during that period that the concerns of eye care professionals from across Canada were first brought to my attention. At the time, I was an active member of the Standing Committee on Health.

There were many concerns that were brought forward to the parliamentarians on that committee, and while all the concerns were important, I was particularly seized by the concerns that were brought to me by the professional eye care organizations in relation to the lack of regulatory oversight on what were called non-corrective cosmetic contact lenses.

It is very easy to break down the main concern brought forward to me all those years ago. A cosmetic contact lens is identical to a corrective lens in terms of its impact on the human eyeball, with the only difference being that it does not correct a sight imbalance.

However, despite the fact that they are identical to a corrective lens, these cosmetic lenses were and, to this day, continue to be free of regulatory oversight similar to the provisions in place for corrective lenses.

It was with this simple fact in mind that I began work in 2007 to further understand the risks of cosmetic contact lenses. We must remember that cosmetic, decorative and plano contact lenses are all referring to the same product. I will use all three terms in my discussion today.

After extensive study, liaising with health researchers and eye care professionals, meeting with our own experts from Health Canada and engaging with the opposition health critics, I developed a strategy that would ensure that Canadians' eye health would be protected. The result was private member's Motion No. 409, which proposed that cosmetic lenses should be classified as medical devices and be regulated accordingly under the Food and Drugs Act.

The actual text of Motion No. 409 read as follows:

That, in the opinion of the House, the Minister of Health should regulate non-corrective, cosmetic contact lenses as medical devices under the Hazardous Product Act or the Food and Drugs Act.

The motion passed unanimously on March 7, 2008, in a fractured minority Parliament, no less, which I believe is a testament to the fact that this is not a political issue. Rather, we are discussing a human health issue that could impact many Canadians, especially our youth, which I will speak to shortly.

Due to the importance of the motion to Canadians' health, I was able to obtain the full support of all the opposition parties and their health critics, in addition to the support of the government and the Minister of Health. Today, I seek that same support from across the aisle.

I was pleased that the government acted upon the unanimously passed motion. It was in 2008 that the Government of Canada, upon advice from Health Canada, introduced my motion as an amendment to the omnibus Food and Drugs Act amendment in the former Bill C-51, which was introduced in April 2008, but which also died on the order paper upon the election in the fall of 2008.

It was unfortunate that having already had my private member's spot used in the 39th Parliament, I found myself near the bottom of the long private members' business list. This meant I would not have the ability to bring this legislative change forward for some time.

Moving ahead to late 2010, now in the 40th Parliament, it became evident that I would possibly have the ability to bring forward private members' business. Knowing that I had unfinished business, I reached out to the professional eye care organizations to begin discussions on the types of legislative remedies that could be brought forward.

My main concern was to ensure that my private member's bill would adequately and fully address the concerns held by myself, other parliamentarians and thousands of eye care professionals across Canada.

Of course, we have had another election since then and, upon being re-elected by the citizens of Sarnia—Lambton, I found myself returning to a new House of Commons in the 41st Parliament. I also found myself near the top of the list for private member's business, meaning that months of research and effort through my office were about to be realized in terms of finally bridging the regulatory gaps that exist for decorative non-corrective lenses.

The culmination of this long process now stands before the House of Commons for debate. With this brief background on my bill now before the House, I would like to discuss Bill C-313, An Act to amend the Food and Drugs Act (non-corrective cosmetic contact lenses), with everyone today.

I can sum up the situation regarding the need for my legislation in one sentence regarding non-corrective cosmetic lenses. National distribution of these products without professional oversight, fitting and training significantly increases the risk of public harm.

The difference between 2007, when I first brought my private member's motion forward, and 2011, is that I now have the peer reviewed medical evidence to back up my claim. Today, we now know that the warnings on cosmetic lenses dating back to October 23, 2000 by Health Canada are, in fact, quite well warranted and now demand a legislative recourse to alleviate the potential harm that could be done to consumers of these products.

To some, it may seem that to deem a decorative lens as a harmful product is somewhat overreaching, yet eye care professionals and medical researchers have shown otherwise. A short list of the complications that could occur due to unsafe handling and wearing an improperly fitted lens in one's eye, along with the lack of professional oversight when these products are initially obtained by the consumer, includes the following: conjunctivitis, corneal abrasions, giant papillary conjunctivitis, microbial keratitis and other forms of bacterial, allergic and microbial infection as specified by the eye care industry.

Already we know that these complications all occur with prescribed corrective lenses, which is exactly why Health Canada regulates the use of these product through opticians and regulatory bodies. What has now been shown as fact through peer reviewed studies is that non-prescribed decorative or cosmetic lenses are much more likely to cause complications to users for a combination of factors, including lack of oversight on the product for the consumer in terms of how to use the product and in terms of the potential quality of the product.

It should be noted that some businesses import cosmetic lenses from parts of the world where production of the device to be fitted into a human eye does not necessarily take the best precautions in terms of the quality of their product, leading to the rise of bacterial infections and microbial issues. These companies make large profits off a consumer base that is woefully unaware of the potential harm they are causing to their own eye sight.

A recent search on the Internet for cosmetic contact lenses Canada brought up over one million hits. The top hits on the search were for several large marketing and distributing companies that sell cosmetic lenses made in certain regions not as well-known as Canada for having strong consumer protection measures. This is extremely concerning and we can be sure that the regulatory oversight that Bill C-313 would provide should help to shed some light on the businesses that are importing and providing these products to consumers with little to no oversight or concern for the consumer of their product.

To date, we have now seen several studies on the issue of decorative lenses and the harm they can cause to consumers. Perhaps the most well-known study in Canada is the human health risk assessment of cosmetic contact lenses conducted by Dillon Consulting Limited, also known as the Dillon report. The final assessment was submitted to Health Canada in September 2003 and it outlined the scientific evidence, which at that point was still being debated by public health officials, that the level of risk associated with the use of cosmetic contact lenses was comparable to that associated with corrective lenses and maybe potentially higher. The main issue here is that corrective lenses are subject to professional monitoring and proper regulatory oversight. Cosmetic lenses are not.

The Dillon report also called for the following risk management strategies: individual screening should take place before a cosmetic lens is sold to a customer; proper fitting should be ensured; adequate instruction on cleaning and sterilization should occur; familiarization with recognition of potential symptoms related to the condition of the eye; and, regular aftercare.

To date, not one of the suggested risk management strategies called for in this report have been adopted, while corrective lenses are strictly defined by Health Canada. With this in mind, we must all ask the question why this has been allowed to occur for so long despite the long-standing pleas of the eye care industry and medical researchers.

To recap our discussions thus far, the main concerns Bill C-313 seeks to redress is that cosmetic or decorative cosmetic lenses are being dispensed without a prescription or fitting from unlicensed vendors. Consequently, uninformed lens wearers are experiencing acute, vision threatening infections and inflammation.

This has now become an accepted fact due to a recent study that appeared in Acta Ophthalmologica, the official medical journal for optometrists and ophthalmologists in Europe. In this study, research conducted at the Department of Opthalmology at Strasbourg University Hospital in Strasbourg, France, clearly indicated that:

Patients who acquire CosCL are less likely to be instructed on appropriate lenses use and basic hygiene rules. Consequently, CosCL wearers are experiencing acute vision-threatening infections.

The study in question focused on a bacterial infection known as microbial keratitis, a common yet preventable infection that can occur in wearers of contact lenses, both corrective and non-corrective cosmetic varieties. This study has shown that wearers of cosmetic lenses were at higher risk, with 79% of the controlled group of cosmetic contact lens wearers suffering from corneal scraping. However, the study showed that only 51% of corrective contact lens wearers suffered similar affects. Meanwhile, more than half of the cosmetic lens wearers who were shown to have suffered corneal scraping were also shown to have serious microbial infection as well in the eye.

The study concludes that the increasingly documented risks of easily accessible cosmetic contact lenses were a serious concern in France where the study took place.

There is no reason to believe that the situation is any different in Canada. The Dillon report of 2003, which, in many ways, served as a groundbreaker on this issue, also came to the same conclusions as the French study in 2011.

Considering the medical evidence that clearly shows the need for the provisions contained in Bill C-313, it is important to note that Canada is at least a decade behind other jurisdictions such as the United States and Europe in achieving proper regulations for cosmetic, decorative or plano lenses.

No matter what we want to call them, it is scientific fact that there are issues with these lenses being improperly sold and used in our nation. The risk was sufficient enough that, in 2000, Health Canada issued a public health warning. In 2003, a human health risk assessment was conducted. In 2008, this House of Commons unanimously agreed with the viewpoint that cosmetic lenses were indeed a risk to Canadian consumers and that we must take action.

Although I have spoken at great length as to the risks of cosmetic contact lenses and, therefore, the need for the provisions of Bill C-313, I will share with the House a quote from Dr. Lillian Linton, president of the Canadian Association of Optometrists, who stated:

This is about people’s eyesight…and in most cases young people’s eyesight! There are daily news stories from around the world about the complications that can arise due to ill-fitting cosmetic lenses or improper use and handling. It is an important vision health issue and the optometrists, opticians and ophthalmologists of Canada are asking for unanimous support from the House, Senate and Health Canada to adopt this amendment and enact it with haste.

I could not agree more with Dr. Linton.

The time has come for us as parliamentarians to join together to support Bill C-313 so that we can ensure that much needed oversight is finally brought forward. In doing so, Canada can reclaim the proper regulatory powers over the importers of these products who so callously flood the Canadian market while doing untold damage to hundreds of thousands of young Canadians' eyes, completely unbeknown to most consumers, unfortunately.

With this in mind, I call on parliamentarians in the House today to stand in support of Bill C-313.

[Dany Morin, NDP, Chicoutimi—Le Fjord, QC]

Mr. Speaker, I thank the member for Sarnia—Lambton very much for her excellent and very well-written bill. I do have a concern, however, and I have a question for the Conservatives.

We have seen the Conservatives neglect all issues related to the health of Canadians. Why is this measure coming from a single member instead of the government? Does the Conservative government not think it has a role to play in protecting the health of Canadians, especially when it comes to vision? I thank the member for answering my questions.

[Patricia Davidson, Conservative, Sarnia—Lambton, ON]

Mr. Speaker, this is an issue I brought forward in 2007. It was a private member's motion that was supported unanimously by the House. It was not only supported by the House, it was also supported by the government and Health Canada. That motion was put into Bill C-51 that was before the House. If it had not been for the fact that the bill died on the order paper because of an election, this would already be in legislation.

The government does support it. It has tried to bring it forward. It is not a case of the government not supporting it, or being negligent by not doing this. There has been support all the way through on this bill and on this issue from Health Canada and the government.

[Kevin Lamoureux, Liberal, Winnipeg North, MB]

Mr. Speaker, the Liberal Party has been somewhat supportive of the bill and we appreciate the member's efforts in bringing it forward.

The member touched upon a very serious issue. Many consumer advocates and others would see the merit in the bill, but there is another issue dealing with our eyes and vision. That is the whole concept of laser surgery, which is becoming more and more commonplace.

I wonder if the member could give us her thoughts in terms of what role government might have to play in this whole area that is relatively new to our health care system? Does she believe there is any merit in looking at ways in which we can support laser eye treatment, whether it is the federal government or provincial government?

[Patricia Davidson, Conservative, Sarnia—Lambton, ON]

Mr. Speaker, this is an issue that is definitely not addressed by the bill before the House today. Personally, I know of several people who have had laser surgery. I know of several people who have had it very successfully, but I have not done research into it. I certainly am not qualified to speak on it.

I feel that is something that is another topic. Definitely, the government is extremely interested in improving the health of all Canadians, whether it be eye health, or whatever. Therefore, if the issue was studied and it seemed to have merit, then that is a topic for another day. However, right now this bill deals with cosmetic contact lenses.

[Brad Butt, Conservative, Mississauga—Streetsville, ON]

Mr. Speaker, I would like to congratulate the member for Sarnia—Lambton for this very good private member's bill.

I am the father of two young daughters, 11 and 7. One will be 12 tomorrow. Happy birthday, Sarah. I will get that on the record now.

I am particularly concerned about young people using cosmetic contact lenses for decoration, even for play. Is there anything specifically in the bill that is targeted to keep children, in particular, safe from the use of cosmetic contact lenses?

[Patricia Davidson, Conservative, Sarnia—Lambton, ON]

Mr. Speaker, I thank my colleague for his question and wish Sarah a happy birthday as well.

Certainly, we know that there are a tremendous number of young people who make use of cosmetic contact lenses. It is a coincidence the bill is being introduced today on Halloween. We know that Halloween is a time when so many young people, as well as those who are not so young, make use of cosmetic contact lenses. They use them for a variety of reasons.

This bill would ensure that cosmetic contact lenses were regulated the same as corrective contact lenses. Therefore, it is seen very much by the eye care professionals, and by Health Canada, as being an extremely protective measure for our young people and the health of their eyesight.

[Dany Morin, NDP, Chicoutimi—Le Fjord, QC]

Mr. Speaker, once again, I thank the member for Sarnia—Lambton for her bill. This bill must be included in Health Canada's regulations.

I will explain the issue here. In Canada, corrective contact lenses, which are different than cosmetic contact lenses, are currently regulated by Health Canada, in the category of class II medical devices. There are risks associated with wearing contact lenses, especially if they are not used properly and if people do not know how to handle them and take care of them. I will speak about these risks later on. It is important for corrective contact lenses to be in this category.

In Canada, there is a small loophole in the system when it comes to cosmetic contact lenses. Today is Halloween and some people are wearing contacts that look like cat eyes to hide their irises. These are what we refer to as cosmetic contact lenses. Right now, these contact lenses carry the same risks as corrective contact lenses, but they are not covered by the regulations. People who have vision problems must consult an optometrist to get a prescription. They then purchase their contact lenses from a health professional, who will teach them how to use them and how to take proper care of their contact lenses, which helps prevent health problems.

Right now, cosmetic contact lenses are not regulated. People who want to buy cosmetic contact lenses for different reasons can purchase them anywhere—on the Internet, at a beauty salon, and so on. The lack of regulations is part of the problem.

Many such cosmetic contact lenses can be found on the market and are of poor quality. Contact lenses should allow oxygen to flow to the eye, but lesser-quality cosmetic contact lenses can deprive the eye of oxygen, which can lead to problems. If people are not properly informed about how to care for their contact lenses, they might use them incorrectly. When contact lenses are prescribed by an optometrist, they are custom-made—each eye is even different. Wearing unregulated cosmetic contact lenses poses a greater risk because they are not fitted to the eyes.

The risks associated with using contact lenses incorrectly include allergic reactions, bacterial infections, inflammation of the cornea, cornea ulceration or abrasions, vision problems, and even blindness or the loss of an eye. These are very serious risks. Ideally, these risks would not result in the loss of an eye. However, when the misuse of contact lenses damages the cornea, the effects can be felt within the first 24 hours.

Since it is primarily young people who wear these contact lenses for esthetic reasons, they run a greater risk of having their symptoms misdiagnosed and not taking care of their eyes properly. In addition, if the diagnosis comes too late, the problem could be difficult to treat and, in some cases, could even lead to permanent blindness. That is the worst-case scenario, which we want to avoid.

The NDP and the Conservatives are not the only ones asking for the law to be changed. For the past 10 years, the Canadian Association of Optometrists, the Canadian Ophthalmological Society and the Opticians Association of Canada having been issuing warnings specifically to urge the government to pass legislation on this.

I am very pleased that the Conservative member is reintroducing her bill. It was a shame that it died on the order paper. Today being Halloween, it is the peak time for the use of cosmetic contact lenses. It is too bad this legislation is not covering this time of year when there is an increased use of cosmetic contact lenses, but I hope this bill will be able to help young people next Halloween and provide them with good vision health.

I would also like to quote Dr. Lillian Linton, President of the Canadian Association of Optometrists. I believe it is important to seek expert advice on this, especially when this association has been calling for legislative amendments for 10 years. She said:

This is about people’s eyesight…and in most cases young people’s eyesight! There are daily news stories from around the world about the complications that can arise due to ill-fitting cosmetic lenses or improper use and handling.

Dr. Linton also said that this is an important vision health issue and that the optometrists, opticians and ophthalmologists of Canada are asking for unanimous support from the House, the Senate and Health Canada to adopt this amendment and enact it quickly. I am also pleased that Health Canada is willing to amend the legislation.

I will share some statistics to help the House understand how important it is to pass this bill. Among the users of corrective lenses—I am not talking about cosmetic lenses—the rate of serious injury is 1%, which is not insignificant. Those who have had a prescription for specialty contact lenses have received instructions from their health care professional on how to insert them, take care of them and remove them. Even among people who use those types of contact lenses, 1% of them have the serious injuries I was referring to earlier. The general rate of complication is roughly 10%. It is therefore very important that these contact lenses, whether they are cosmetic or corrective, be prescribed by a health care professional and delivered by a qualified person who can explain how to wear them properly.

Researchers in France recently conducted a very interesting study. They found that the risk of eye infection caused by wearing contact lenses was 12 times greater for people who wear cosmetic lenses than for people who wear corrective lenses. This again shows that people who have not been given instruction on their proper use have a greater risk of suffering health problems, which could further tax our Canadian health care system. No one here wants that.

Things are different in the United States. It had the same problem as Canada. Cosmetic contact lenses were not regulated. In 2005, the U.S. passed legislation, almost the same as the legislation proposed, for cosmetic contact lenses to be considered class II medical devices. I would have liked Canada to take the lead in this regard, but at least we can improve the vision health of Canadians.

The recent U.S. study indicated that contact lenses, both cosmetic and corrective, are the main cause of lesions in children over 11. This statistic indicates how important it is to pass this bill.

In closing, I would like to remind members that it is important that the House pass this bill. The House had already unanimously passed a similar bill, which unfortunately died on the order paper. I hope all members will support the bill.

I again thank the member for Sarnia—Lambton for reintroducing her bill, which will protect the vision of all Canadians who wear contact lenses, especially young children.

[Hedy Fry, Liberal, Vancouver Centre, BC]

Mr. Speaker, this private member's bill in the name of the member for Sarnia—Lambton is excellent and the Liberals will be supporting it.

This is a long time in coming. It is almost a decade since the 2000 health warning issued by Health Canada with regard to cosmetic contact lenses and regulations have not been established. What the hon. member is doing is very important. She is attempting to move cosmetic contact lenses into class II of the medical devices regulations. This means they would be treated the same way as corrective contact lenses are treated.

These measures would do a few things. They would manage the quality of products. They would regulate the distribution of contact lenses. They would increase awareness of the damage that cosmetic contact lenses can do. The member spoke to the damages which could ensue, such as, infection, vision loss and corneal damage. Those things come about because cosmetic contact lenses that are sold at the corner store or as cosmetic products and nothing more will fit badly. Ill-fitting contact lenses can cause major problems. They may also be improperly handled or housed in an inappropriate container which could cause infection. Most young people do not think they are real. They treat them like cosmetics and tend not to handle them properly. If people want to use them on Halloween, for example, they are going to look for the cheapest products and will probably buy products that are made from substandard materials which are to be used once and thrown away.

This is an important issue. It is about preventing vision loss. As the member said, the Canadian Association of Optometrists and the Opticians Association of Canada support this bill, as does the Canadian Ophthalmological Society. They say that this has been a long time coming.

In 2003 Health Canada issued a report on the risk assessment of wearing cosmetic contact lenses. Cosmetic contact lenses are relatively new, so there is no body of data going back 20 years looking at a longitudinal study of it. We know enough now to know that contact lenses, whether they are corrective or cosmetic, can interfere with the flow of oxygen to the cornea. It could cause swelling or ulceration of the cornea, which could lead to inappropriate vision entirely.

Debris or dirt can get under contact lenses if they are not handled carefully, such as if they are thrown on a table and picked up again. Micro particles can abrade the wearer's corneas. Dirt and debris can get underneath ill-fitting contact lenses. There can be chemical or allergic reactions. There can be contamination of the lenses from micro-organisms, again due to inappropriate handling when putting them in. People can get ulcerative keratitis from repeated infection of the cornea, which ultimately could lead to blindness.

It is interesting to note that contact lenses can cause a temporary change in the shape of a person's corneas. This would necessitate the use of corrective glasses because the person's corneas have changed over a period of time.

That sounds horrendous, but it is why contact lenses should be dispensed by a licensed and trained professional, such as an optician, optometrist or ophthalmologist, to ensure proper fitting, supervision and education on how to handle contact lenses.

A study in the United States showed that 79.2% of cosmetic contact lenses were illegally sold, as opposed to about 10% of prescription contact lenses which were sold illegally. There is a black market for the sale of cosmetic contact lenses. They are seen to be used for cosmetic purposes only and used only once or twice. Contact lenses have a 33% incidence of corneal ulcers, which is a particularly high percentage, and a 20% incidence of corneal abrasions.

What is important about this bill is that it is a preventive measure. It could prevent blindness, and I am not being hysterical in saying that. The hon. member was very clear about some of the things and this is what opticians, optometrists and ophthalmologists are now saying. This is an important first step.

While we have no control over provincial governments, passing this bill could encourage them to look at this issue. They are the ones with the authority to regulate cosmetic lenses. They could make the regulations the same as those that deal with prescription lenses. That would be the next step we hope would happen. That would mean there would be regulations regarding who could prescribe and dispense cosmetic contact lenses. This is the ultimate result which I think my hon. colleague is hoping to achieve.

Young people tend to use cosmetic contact lenses a lot. They may want to have green eyes when they go to a party, or cat's eyes on Hallowe'en. They do not understand the danger and the damage that could occur. Sixty per cent of the people in theatre who wear contact lenses to change their look as part of their make-up get eye infections from using cosmetic contact lenses, as opposed to 13% who have corrective contact lenses that were prescribed by a licensed individual.

I support this bill to include cosmetic contact lenses as a class II medical device. They would be included with other devices, such as contact lenses, pregnancy tests, ultrasound scanners, endoscopes, et cetera. This ensures these medical devices are properly regulated, that the quality control is there and that they are distributed by people who are properly licensed. Manufacturers require a Health Canada licence before selling or advertising class II devices. This would mean that cosmetic lenses would require a special licence before they could be sold or dispensed. Non-corrective lenses that are designed to change the shape and colour of one's eyes need to be included in this category. As I said before, it is not only the other things we talked about, but changing the shape of a person's cornea over a period of time of using an ill-fitting lens is very dangerous.

I want to thank the hon. member for bringing forward this bill.

I want to end by quoting the United States Food and Drug Administration which said, “Without a valid prescription, fitting, supervision, or regular check-ups by a qualified eye care professional, decorative contact lenses, like all contact lenses, can cause a variety of serious injuries or conditions” which “can lead rapidly to internal ocular infection if left untreated”. They can affect inside the eye, not only the surface of the eye. It also said that uncontrolled infection can cause permanent corneal scarring. The United States declared in November 2005 that all contact lenses, corrective and non-corrective, should be under the medical device classification, requiring a prescription, an appropriate fitting and appropriate consultation.

By adding non-corrective contact lenses as a medical device under the Food and Drugs Act, we could ensure greater safety in the manufacture and sale of these lenses. Liberals support evidence-based policy and recognize that this is in keeping with good health care.

[Michael Chong, Conservative, Wellington—Halton Hills, ON]

Mr. Speaker, I am pleased to speak to Bill C-313, An Act to amend the Food and Drugs Act (non-corrective cosmetic contact lenses). I congratulate the member for Sarnia—Lambton for introducing this private member's bill. It is not often that we get a chance to introduce private member's bills. This one is very well thought out. The member is a strong representative of her riding. I remember visiting her five or six years ago. She served for some time as warden of Lambton County and also as mayor of Wyoming in Plympton-Wyoming for 16 years. She has to be one of the longest serving mayors in Ontario. Certainly she is the first mayor to serve as the mayor of Plympton-Wyoming.

Many members from the west may be surprised to learn that the very first commercial oil well ever drilled not just in Canada but in North America was drilled in Oil Springs, Lambton County in 1858. The oil industry and energy industry really started in southwestern Ontario, which is still home to many petrochemical and refinery companies. It is a great area of the world that has produced strong baseball teams, strong farm families, and now a strong member of Parliament who has introduced a very good piece of legislation.

All members in the House would agree that eyesight is a gift and it is not something we should ever take for granted. We would also agree that products we put directly on our eyes should be of high quality and safe to use for those purposes. We would also agree that because our eyesight is so very important, consumers should have the information necessary to make an informed decision about whether or not to purchase the product, and once they have, they should also know how to use that product in a safe way.

For all those reasons, this private member's bill is important legislation. It would help us address a long-standing safety issue related to the sale and use of these products. Cosmetic lenses, also known as non-corrective contact lenses, are used to change the appearance of the eye. They are available in a wide range of colours and designs. They are used primarily to make a fashion statement. Today is Halloween and tonight many Canadian children and adults will either go trick or treating or to a Halloween party. Many people will be wearing costumes. These costumes often include cosmetic lenses.

While I have never used them myself, I have seen them and they sometimes can be disconcerting. I have seen red vampire eyes, yellow cat's eyes, even starry eyes. There is a wide range of cosmetic lenses. They often are purchased over the Internet or at a costume retailer, as opposed to corrective lenses which are purchased at drug stores. Unlike corrective contact lenses, there are no labelling requirements to make consumers aware of the potential health and safety risks, or to provide instructions as to their proper use and care.

Cosmetic lenses are identical to corrective lenses, with one exception. Cosmetic and corrective lenses are used in the same way and pose the same risks to human health. The only difference is that cosmetic contact lenses do not correct vision. Even though these two products pose a similar risk, they fall under two different sets of regulations and regulatory regimes. That is the problem this bill would fix.

On the one hand, corrective lenses are considered to be medical devices and are regulated under the Food and Drugs Act and the medical devices regulations. On the other hand, cosmetic contact lenses are considered to be consumer products and are regulated under the Canada Consumer Product Safety Act. The bill before us today would help to harmonize those two sets of regulations by bringing both cosmetic and corrective lenses under the Food and Drugs Act and the medical devices regulations so that there would be greater clarity for consumers and greater health and safety standards for Canadians. That would mean both cosmetic and corrective lenses would be subject to the same rules for health and safety.

In the last Parliament, our government introduced the Canada Consumer Product Safety Act, which is strong legislation. It came into force earlier this year with support from both sides of the House. It strengthens the product and the protection of health and safety of Canadians by requiring suppliers of consumer products to report any safety-related incidents, including serious injuries or deaths, and to report any recalls or any other regulatory action in other jurisdictions.

As a consumer product, cosmetic lenses are regulated under the new legislation. It means that defective cosmetic lenses could be recalled by Health Canada if they posed an unreasonable danger to human health and safety.

However, while the new legislation will give Health Canada the powers of recall and while it is a much improve regulatory framework under which we will regulate consumer products in Canada, it does have one hole in it. The problem is it does not require companies selling these cosmetic lenses to meet the same labelling and consumer instruction standards. That is exactly what Bill C-313 would fix. It would fix this problem by regulating cosmetic lenses as medical devices under the Food and Drugs Act and the Medical Devices Regulations.

It would also require companies to report problems and provide additional information if Health Canada requested it. It would also ensure that all cosmetic lenses met the same regulatory standards as corrective lenses, in other words, the same standards as class II medical devices. Most important, it would ensure that proper information be contained on the packages to allow consumers to make an informed choice as to whether to buy the product and if they bought the product, what the proper use of the product would be to ensure eye safety.

Bill C-313 would require that cosmetic lenses meet specific labelling requirements, including instructions for use on the product label. It would provide consumers instructions on how to use the product safely and effectively, which would go a long way in reducing the risks associated with cosmetic contact lenses.

It is important to point out one thing. The legislation would, in no way, mandate prescriptions for cosmetic lenses. Whether to require prescriptions for lenses is a decision of the provinces and the legislation would not change that fact.

However, there are two other important aspects of the legislation that are worth pointing out.

The legislation would simplify the Canadian regulatory framework by bringing both corrective and cosmetic lenses under the same regulatory framework, as opposed to the current situation, which is where one is regulated under one act and the other is regulated under another act. This would ensure that both products would be regulated in a similar fashion.

The second thing it would do is harmonize our regulations with our largest trading partner. Since 2005, all cosmetic lenses sold in the United States have been regulated by the Food and Drug Administration. Currently, many Canadian consumers who purchase these products are confused because many of these cosmetic lenses have labels on them that say “FDA approved”. They are confused as to whether they are safe for use in Canada. They are also concerned when they see products that have not been labelled in a similar fashion. The bill would ensure harmonization of cross-border regulations between Canada and our largest trading partner.

I want to once again congratulate the member for bringing forward the legislation. It would allow consumers to continue to have access to high-quality, safe cosmetic lenses. It would simplify our Canadian regulatory framework. It would harmonize the regulations with that of our largest trading partner. Most important, it would require full information be put on the package to allow consumers to make an informed decision about purchasing the product and, once purchased, ensure that consumers would have all the information required in order to use these cosmetic lenses safely.

For all these reasons, I encourage members of the House to support the legislation. I congratulate the member for bringing it forward.

[Ruth Ellen Brosseau, NDP, Berthier—Maskinongé, QC]

Mr. Speaker, first, I would like to thank my colleague from Sarnia—Lambton for introducing this bill. I think it is very important.

We must protect Canadians' ocular health. This very simple measure will help reduce the number of eye injuries. Cosmetic contact lenses must be subject to the same regulations as corrective lenses because they present the same health risks. Bill C-313 will help fix a problem that health care professionals have been calling on the government to fix for years.

One of the primary responsibilities of the government should be to protect Canadians from potentially dangerous products. The bill would ensure that corrective contact lenses and cosmetic contact lenses are subject to the same government regulations, since their use presents the same health risks.

Over the past 10 years, health care professionals have warned Canadians about the risks and dangers associated with using unregulated cosmetic lenses. In 2000, Health Canada issued a warning about cosmetic contact lenses and recommended that they be used only under the supervision of an eye care professional. In 2003, Health Canada recommended that the federal government regulate the use of cosmetic contact lenses.

The risks associated with using cosmetic contact lenses without professional oversight have been extensively documented. Problems occur when the contacts are not fitted to the eye—like shoe size, eye size varies greatly from one person to another—when the contacts are of questionable quality, or when they come from a truly unknown supplier.

Problems often occur when consumers are not given the appropriate and necessary information and instructions on how to use the contacts safely, for example, how to put them in, how to take them out and how to clean them.

Cosmetic contact lenses can be quite funky and there are many different types—there are some that look like soccer balls, some that make the iris appear larger, and other sometimes very funny things. Many young people share these contacts but they definitely should not in order to avoid infection.

Cosmetic contact lenses are becoming increasingly popular and, since today is Halloween, they are being sold absolutely everywhere: in convenience stores, beauty salons, and so on.

According to a report published by Health Canada in 2003, the rate of serious injury among people using corrective contact lenses every day is approximately 1% and the overall rate of complication is about 10%. It is estimated that the rate of injury and complication—for example, infection, inflammation or ulceration—is much higher among cosmetic contact lens users.

In 2007, vision loss accounted for the Canadian health care system's highest direct cost, as compared to any other illness. Doctors also say that wearing these contacts prevents people from seeing contrasts properly. Contact lenses reduce the eyes' sensitivity. It is sometimes very difficult to see when wearing cosmetic contacts because there is something in the eye. This results in improper vision. Someone who is wearing them while driving could even cause an accident.

There are many viruses and bacteria that attack the eyes, and we never know which may attack our eyes. This can happen if we share lenses with a friend who has an infection. So we have to be very cautious when we share contact lenses with other people. The best thing is simply not to do it at all.

Wearing cosmetic contact lenses can lead to a lot of other problems.

These contact lenses are meant to be worn up to a certain date. There is an expiry date, as for milk. Often, people who wear them forget to take them out and throw them in the garbage. That leads to various complications, such as corneal ulcers. Corneal ulcers are genuinely dangerous and can cause scarring of the eyes. That is truly dangerous. If they are not treated, the ulcers can even lead to permanent loss of sight.

Even though cosmetic contact lenses seem harmless, they can cause eye injuries in a person who wears them: an allergic reaction, a bacterial infection, swelling or inflammation of the cornea, and ulceration or scratching of the cornea. These sight problems can become permanent.

Some of these injuries occur in less than 24 hours. They can be very difficult to treat and in some cases can become permanent. The potential risks associated with this type of contact lens are a known fact. As well, there are numerous studies and there is considerable evidence showing the potential dangers associated with misuse of cosmetic contact lenses without supervision by a specialist.

But passing this bill is merely the first step. What the federal government has to do is work with the provinces and territories to establish an effective regulatory scheme for cosmetic contact lenses.

We are talking a lot about Halloween. As mothers, we look for clothing to use for costumes. My little boy, who is 10 years old, has asked for contact lenses for his costume. I therefore think that regulation is very appropriate, and I congratulate my colleague opposite on her bill.

I join my colleagues in the NDP in supporting this bill.

[Bev Shipley, Conservative, Lambton—Kent—Middlesex, ON]

Mr. Speaker, I thank my colleague, the member for Sarnia—Lambton, whose constituency is next door to mine, for bringing forward her bill, Bill C-313. I also acknowledge that she and I have spent time working together in terms of being a mayor. I think she holds the title of a warden of a county, elected more times and for a longer period than anyone of whom I know.

Bill C-313 would amend the Food and Drugs Act. Much has been said this morning about the significance of the bill. It is clearly one that wants to see cosmetic contact lenses classified and regulated as medical devices. It appears that the cosmetic contact lenses and, in fact, the corrective lenses go through the same process in their development. It is actually the oversight of the regulatory concerns that go with it.

The member and I both wear glasses. We come with two sets of eyes. These products are mostly used by younger people. We need to ensure that what we do we do for the best health of Canadians. I know all of us in this place come forward today to ensure that we do what we can to protect the health of Canadians.

Today I hear support for the bill. I want to congratulate my colleague for bringing forward this important issue on the health of our eyes.

[The Acting Speaker, Barry Devolin]

The time provided for the consideration of private members' business is now expired and the order is dropped to the bottom of the order of precedence on the order paper.

The hon. member for Lambton—Kent—Middlesex will have eight minutes remaining when this matter returns to the House.

The House resumed from October 31, 2011 consideration of the motion that Bill C-313, An Act to amend the Food and Drugs Act (non-corrective cosmetic contact lenses), be read the second time and referred to a committee.

[Libby Davies, NDP, Vancouver East, BC]

Madam Speaker, I am very pleased to speak to Bill C-313.

I would like to thank the member for Sarnia—Lambton for bringing forward the bill. We are in the second hour of debate Some of my colleagues already spoke to the bill in the first hour of debate and signified our support for this legislation and that certainly continues. I do not know that there is more information to add in the second hour of debate, but it is important that we have a second hour of debate.

I want to begin my remarks by speaking more generally about what the bill raises in an important sense.

The health care system in Canada is huge. We have many health care concerns, such as natural health products and the mainstream health system itself. There is no doubt that we live in an age where more and more cosmetic-type therapies, aids and assistance, whether they are in drugs or other forms, are available on the market. One only has to look at television or any form of mass media to see the incredible amount of advertising and promotion of all kinds of products. One the one hand we can say that is a good thing in that consumers have lots of choice in this country. On the other hand, as members of Parliament we hear stories from our constituents of things that have happened to people or complaints that have been made.

With that huge array of products and therapies on the market there also has to be a sense of responsibility. It speaks to the importance of why we are here, why we have government, and that is to look out for the public interest. Sometimes the marketplace does not do all it is hoped it would do. It does not necessarily assume the responsibility of safety and awareness. Although there are many instances where voluntary associations of businesses or sectors promote awareness and education, they sometimes do not go as far as they need to go.

This bill provides illumination and an example--I was going to say a lens; excuse the pun--of the enormous number of products that are available and that there is not necessarily the kind of consumer awareness, education and regulation that is needed to make sure that people are safe.

For that reason, it is an opportune time for the bill to come forward. It draws attention to the problems with cosmetic contact lenses and the fact that they are not regulated and that they have caused problems for people. Consumers may not be aware of the possible infections, irritations or allergies and other problems that these products can cause.

Bill C-313 would amend the Food and Drugs Act to classify cosmetic contact lenses as class II medical devices, which would bring them in line with what we normally see as regular contact corrective lenses. This first step would require all cosmetic lenses sold in Canada to be licensed through Health Canada. Distributors of the products would require a medical device establishment licence. People fret about bureaucracy, rules and regulations, but we have to strike that balance.

In years gone by, going back to October 2000, Health Canada actually issued warnings about coloured contact lenses. In 2003, Health Canada commissioned a third party risk assessment report, “Human Health Risk Assessment of Cosmetic Contact Lens”. There are some serious concerns. The report concluded that the available evidence suggests that the level of risk associated with the use of cosmetic contact lenses is comparable to that associated with corrective lenses and may be potentially higher. The risk assessment report recommended that cosmetic contact lenses be regulated by Health Canada, such as requiring prescriptions for their use and restricting their sale to regulated health professionals.

It is very important that this be followed up. One query which was raised by some of my NDP colleagues in the earlier part of the debate was that while we are happy that the member brought forward the bill as a private member's bill, one would have hoped, as a result of this work that goes back to 2000 and 2003, the government would have brought it forward itself. That did not happen, but it is good that it is now before us as a private member's bill.

We are in full support of the bill. We believe it is very important that the vision of Canadians be protected, that there be consumer awareness, that there be proper regulation and that there be a level of professionalism within the industry so that consumers have some measure of protection. That is the very least we should be doing.

I think the bill will pass at second reading. I look forward to it going to the health committee. I hope that we can look at the bill in more detail and that we will be able to hear some witnesses. Major organizations are supporting the bill and I am sure they will have some good recommendations for us to look at.

Again, I want to thank the member for bringing the bill forward.

I hope that we can deal with this issue. We will have taken just a little tiny step to ensure there is better safety for Canadians in terms of their vision and that we will have created a better awareness about this problem.

When people are out there in the marketplace and getting drawn in by the sometimes very persuasive advertising and marketing that goes on, there could be a counterbalance to that in terms of regulation, to ensure there are proper standards and licensing, but also in terms of making consumers and potential buyers aware of what it is they are purchasing, what are some of the risks and what needs to be done in terms of handling and using this particular product.

I will leave it at that. I look forward to the bill going to committee to be examined in greater detail, should it pass second reading.

[Geoff Regan, Liberal, Halifax West, NS]

Madam Speaker, I am pleased to rise and take part in this debate on Bill C-313. This bill would deem a non-corrective contact lens a medical device. That is important because we do have situations where people put contact lenses in their eyes to change their colour. They are not always a proper fit and can cause all kinds of problems, and I will talk about that.

The bill would ensure as well that cosmetic contact lenses are subject to the requirements of the Food and Drugs Act and the Medical Devices Regulations. It is important that this is the case. These are things going into people's eyes and the last thing we want to do is fool around with the health of our eyes.

I am familiar with contact lenses because I used to wear them. I had laser surgery some years ago and that has worked very well for my vision. Before that, I wore contact lenses to play hockey. I have very dry eyes and they were very uncomfortable to wear longer than that, but I found they were great for playing hockey. Some would say I probably still need glasses when I play hockey, or something like that.

[Kevin Lamoureux, Liberal, Winnipeg North, MB]

Not me.

[Geoff Regan, Liberal, Halifax West, NS]

I appreciate the fact that my colleague from Winnipeg North does not feel that way. He has not seen me play hockey.

By adding non-corrective contact lenses as a medical device, we can ensure greater safety in the manufacturing and sale of these products.

The Liberal party has already shown its support for the bill. I am happy to be here to reiterate that support. The House unanimously passed a motion regarding this issue in March of 2008.

I received support from all parties in the House for my private member's bill, Bill C-278, which strives to increase public awareness about epilepsy by declaring March 26 of each year purple day to raise awareness. I know that is how important it is, and I am sure my hon. colleague whose bill this is appreciates the all party support we see for it.

These so-called cosmetic contact lenses are used to change the shape, appearance and colour of the eye. They are currently sold over the counter. That is worrisome.

In the U.S. cosmetic contact lenses are already regulated. According to the U.S. Food and Drug Administration:

Without a valid prescription, fitting, supervision, or regular check-ups by a qualified eye care professional, decorative contact lenses, like all contact lenses, can cause a variety of serious injuries or conditions. For example, lens wear has been associated with corneal ulcer, which can lead rapidly to internal ocular infection if left untreated. Uncontrolled infection can cause corneal scarring, which can lead to vision impairment, and in extreme cases, blindness or the loss of an eye. Other risks include...abrasion from poor lens fit; reduction in visual acuity, contrast sensitivity, and other visual complications that can interfere with driving and other activities.

We can see from this list that we are talking about a serious issue, one that can cause people serious infections and other long term problems with their eyesight and it is important we deal with this.

It is amazing what we as consumers will buy to change our appearance. Some might say I should buy a lot more, but we will not get into that. However, we would do this perhaps to enhance our looks and in some cases the risks we are prepared to accept are remarkable. Part of our job as parliamentarians is to minimize those risks where we can and to try to help ensure the health of Canadians all over the country.

Non-corrective contact lenses are designed to change the appearance or colour of a person's eyes. They should be listed as a class II medical device, just as regular contact lenses are. A class II medical device is a low risk device, such as a pregnancy test, ultrasound, scanners, endoscopes and so forth. I am not saying that contact lenses are the same as open heart surgery, but it is something that ought to be regulated in a similar way to those items I just listed.

Manufacturers for these kinds of devices require a Health Canada licence before they can sell or advertise them and annual licence renewals are required. It is important that we know that these manufacturers are being overseen and that they are doing the job properly and if there are problems, those licences can be revoked.

Moving in that direction makes a lot of sense. I know that my colleagues in this corner of the House, and I think throughout the House, share this view.

As my colleague for Vancouver Centre said when she spoke to the bill, most young people are not always aware of the potential problems associated with these non-corrective cosmetic contact lenses.

She said, “They treat them like cosmetics and tend not to handle them properly”. She is a doctor, so she would know about this. She went on to say:

If people want to use them on Halloween, for example, they are going to look for the cheapest products and will probably buy products that are made from substandard materials which are to be used once and thrown away.

Aside from issues of quality, we also need to ensure that Canadians are educated about the use of these cosmetic lenses and that our young people in particular know that there are obvious risks to wearing these lenses if they are not properly used, not properly fitted and if people do not know how to handle and care for them.

When I wore contact lenses, I certainly learned how important it was to keep them very clean, use saline solution and ensure my hands were washed very carefully before touching them. I can certainly recall the frustration of trying to get one into my eye when I was in the middle of putting my hockey gear on ready to play hockey and having a hard time, fighting with it and killing time when I wanted to get out on the ice. It would drive me crazy sometimes. However, it is important to learn how to handle them properly.

My colleagues and I, as we have said on a number of issues, believe in evidence-based policy. We recognize that this measure has been promoted by other groups like the American Academy of Ophthalmology, Prevent Blindness America and The Canadian Association of Optometrists, which have called upon Parliament to “enact it with haste”.

I know this issue is important everywhere, including in Halifax West where in fact I was contacted by a licensed optician and certified lens fitter who asked me to support this bill. He said, “Non-prescription contact lenses should have the same classification as prescription lenses. Due to public safety, these devices should only be dispensed by licensed eye care professionals”. I could not agree more and I cannot think of a better way to end my comments.

[Lois Brown, Conservative, Parliamentary Secretary to the Minister of International Cooperation]

Madam Speaker, I would like to take this opportunity to commend and express appreciation to the member for tabling this bill and drawing attention to this important issue.

The member has been advocating for this issue since 2008, first by tabling a private member's motion and now with the introduction of this private member's bill. Bill C-313 proposes an amendment to the Food and Drugs Act, which would see cosmetic contact lenses classified and regulated as medical devices.

In Canada the authority to determine whether a medical device is subject to dispensing by prescription rests with the provinces and territories. Currently Canadian consumers wishing to purchase corrective contact lenses require a prescription, however, non-corrective contact lenses can be purchases without a prescription at retail establishments such as costume and party stores or over the Internet.

Cosmetic contact lenses are coloured lenses that, like corrective contact lenses, are inserted directly into the eye. However, unlike corrective lenses, cosmetic contact lenses are used only to change the normal appearance of the eye. They are not used to correct vision.

These lenses, which are sometimes referred as theatrical contact lenses, are often worn by actors in movies or TV shows. For example, in July 2010, CTV reported that Lady Gaga used cosmetic contacts to enlarge her eyes during the filming of her video Bad Romance.

Members will be interested to learn that the same news report cites Dr. Desmond Fonn of the Centre for Contact Lens Research at the University of Waterloo, saying that he finds it worrying that the lenses are so very cheap:

We don't know what these lenses are made of. We assume they're regular soft contact lenses, but because of the way in which they're sold, they must be made less expensively to make them marketable.

CTV reported that the doctor's biggest concern was that “the majority of the young kids who use these lenses buy them but have no education about them”.

Today, on special occasions like Halloween, many young people wear dramatic cosmetic contact lenses to go with their costumes. What many Canadian consumers may not be aware of are the risks associated with wearing these lenses.

Wearing cosmetic contact lenses can pose all of the same risks as wearing corrective contact lenses. This can include eye irritation, itching and burning, sensitivity to light, dryness, blurry vision and infections. In the most serious cases, these infections can lead to blindness.

In the case of cosmetic contact lenses, these risks are escalated due to the fact that there is no labelling requirement to warn consumers about potential risks and safety issues associated with wearing cosmetic contact lenses. There is also no requirement to include information or instructions relating to the proper use and care of these lenses. This means that after buying cosmetic contact lenses in stores or on the Internet, a consumer may not be well-informed about the potential risks and how to use and care for these products safely.

Unlike cosmetic contact lenses, corrective contact lenses are medical devices under the Food and Drugs Act and must comply with the medical devices regulations.

Cosmetic contact lenses are not considered medical devices because they are only used to alter appearance. As a result, they are not subject to the same level of regulatory oversight for safety and quality. Bill C-313 would help us address this discrepancy.

In the U.S. cosmetic contact lenses have been regulated as medical devices since 2005. Bill C-313 would enable us to align our regulatory approach on these products with our neighbours south of the border. It would also contribute to Canada's commitment to regulatory co-operation to better align the regulatory approaches on both sides of the border.

The use of cosmetic contact lenses is not a new issue. Eye care professionals have been concerned for a long time about the health risks of cosmetic contact lenses. They have called on our government to increase regulatory oversight of these products. In fact, on October 5, 2011, the Canadian Association of Optometrists, the Opticians Association of Canada and the Canadian Ophthalmological Society issued a joint press release welcoming the introduction of this bill.

That press release quoted Dr. Lillian Linton, president of the Canadian Association of Optometrists, as stating the following about the regulation of cosmetic contact lenses:

[It is] an important vision health issue and the optometrists, opticians and ophthalmologists of Canada are asking for unanimous support from the House, Senate and Health Canada to adopt this amendment and enact it with haste.

Health Canada has long acknowledged the risks associated with the use of cosmetic contact lenses. Over the past decade, Health Canada has communicated the risks of cosmetic contact lenses and has provided safety information for contact lens wearers. In 2000, Health Canada issued a public notice warning of the dangers of wearing cosmetic contact lenses.

Health Canada has in the past and continues to recommend that cosmetic lenses be used only under the supervision of an eye care professional. In addition, the wear time should be limited to the shortest duration possible. Cosmetic contact lenses must never be worn while asleep and should not be shared with others.

Our government's support for this private member's bill is not our first attempt to strengthen oversight. In 2008, there were two opportunities to enhance the safety and quality of cosmetic contact lenses. First, this House supported a motion by the member for Sarnia—Lambton calling for cosmetic contact lenses to be regulated as medical devices. Later that same year, this government tabled Bill C-51, An Act to amend the Food and Drugs Act, which would have resulted in cosmetic contact lenses being defined as medical devices. When the election was called, Bill C-51 died on the order paper.

This government moved to help protect the health and safety of Canadians with modernized consumer product legislation through the Canada Consumer Products Safety Act, which came into force in June of this year. While the act may provide protection for Canadians who use cosmetic contact lenses, we feel that cosmetic contact lenses would be more appropriately regulated as medical devices under the Food and Drugs Act. It would be clearer for consumers and industry alike.

With the exception of the respective functions of corrective and cosmetic contact lenses, the two products are essentially identical. They have similar manufacturing processes, they are used in the same manner and they pose the same health risks. When put this way, it only makes sense that both products be subject to the same level of regulatory oversight for safety and quality.

If cosmetic contact lenses were regulated by medical devices regulations, manufacturers would be required to attest to the safety and quality of their products before they were sold in Canada. Cosmetic contact lenses would also be subject to the same labelling, consumer instruction, licensing and inspection requirements as corrective contact lenses.

Bill C-313 would permit the pre-market safety and quality requirements for medical devices to be applied to cosmetic contact lenses. This would mean that Canadians would have access to clear consumer information about the risks associated with wearing cosmetic contact lenses and the proper and safe use and care of the product.

I will conclude by saying that Bill C-313 would allow for a consistent regulatory approach for similar products with comparable risks.

It is clear to Canadians that the risks associated with wearing cosmetic contact lenses are no lower than the risks associated with wearing corrective lenses and that it is important to be familiar with and follow the directions for using and maintaining both products. One of the most important measures that consumers can take is to consult an eye care professional before wearing either corrective or cosmetic contact lenses.

The government is committed to protecting the health and safety of Canadians. We should support Bill C-313 to help us attain this goal.

[Djaouida Sellah, NDP, Saint-Bruno—Saint-Hubert, QC]

Madam Speaker, I would first like to congratulate the member for Sarnia—Lambton on her bill. I thank her for her tenacity on this issue, which seems to be very important to her. She has persevered for several years now, in an effort to protect cosmetic contact lens consumers.

I have to admit that my first reaction, when I read the title of the bill, was not entirely positive. I read the title and thought it was a joke. When I did a little research, I realized that this was a health issue that had to be addressed. I was stunned to learn that we are only at this stage. Health Canada issued a warning in 2000 recommending that cosmetic contact lenses be used only under the supervision of an eye care professional. Health Canada also recommended in 2003 that the government regulate cosmetic contact lenses, meaning that it has already been 12 years since the first warning.

The risks to Canadians’ health are known and have been demonstrated by the research. A number of potential dangers are associated with misuse of cosmetic contact lenses without specialist supervision. Some were listed by other members who spoke to the bill earlier, but I am nevertheless going to quickly list a few of them.

The rate of lesions and complications, such as infection, inflammation or ulceration, is much higher among cosmetic contact lens users than among people who use prescription contact lenses. Lenses that are poorly fitted to the eye can affect vision and cause damage. The lenses can cause serious injury to the eye for people who wear them, such as allergic reaction, bacterial infection, inflammation of the cornea, and scratching or even ulceration of the cornea. Some of these lesions occur in less than 24 hours. They can be very difficult to treat, and in some cases they can be permanent.

These consequences could easily be avoided if the product were regulated.

I am aware that this is not the first attempt in this House to find a solution to this regulatory vacuum. I have seen the history: a motion was made in 2008 by the member for Sarnia—Lambton and was unanimously adopted by the House.

I hope this government will be more diplomatic in negotiating a complete regulatory framework with the provinces and territories if this bill is passed. I am not prepared to call the government’s negotiations in the health transfers case a success.

It is high time that a bill like this was passed.

I think my colleagues will have understood that I support this bill. I will nevertheless take advantage of the platform given to me by the residents of Saint-Bruno—Saint-Hubert in order to have their voices heard. Health is a priority for them, as it is for all of us.

I remind the House that several health advocacy groups are calling for tougher regulations on the sale of energy drinks. The evidence is clear and this government is refusing to take action, opting instead to ignore its expert panel on the issue.

This government has also refused to listen to experts who called for tougher regulations regarding sodium in food.

These are measures that can be taken today to improve the health and quality of life of Canadians. This government's current approach, which is to allow industry to self-regulate before the government steps in, does not work.

I would like to know how the contact lens industry has self-regulated. I think that we have the answer to this given that we have a bill before us that will force the industry to act.

There are many examples I could give to demonstrate that this government must pay more attention to health. There needs to be a comprehensive and complete plan that starts by mitigating risks, wherever possible, particularly through bills like this one, but also with tougher legislation to control sodium in food.

The Heart and Stroke Foundation estimates that an 1,800 mg reduction in the daily consumption of sodium would help to avoid approximately 23,500 events tied to cardiovascular diseases per year, which amounts to a drop of 13%. The economic consequences for health care would amount to approximately $3 billion a year. This is a logical, simple and responsible way of controlling health care costs. I hope that the Minister of Finance is listening. It is time to listen to the experts.

Although I acknowledge that this bill deals with a real problem, I would nevertheless have preferred that the government find a way of addressing the problem well before today. The reaction of a lot of people when I tell them about this bill is similar to mine: do they not have more urgent matters to address? Once again, I recognize that action needs to be taken. But had the current and previous governments taken action over the past 12 years, after the investments made by experts and Health Canada, we could be, at this very moment, talking about pensions, the future of the health care system or even job creation.

I hope that I am mistaken, but I am afraid that history will repeat itself and that this House will be discussing energy drinks, sodium in food, and sugary drinks in 10 years time, when the issue could be addressed now. I hope that the past 10 years’ inaction does not end up damaging Canadians too much.

[Jacques Gourde, Conservative, Parliamentary Secretary to the Minister of Public Works and Government Services]

Mr. Speaker, I am pleased to speak today to Bill C-313. This bill would have non-corrective cosmetic contact lenses covered by the same regulations as medical devices, under the Food and Drug Act and the Medical Devices Regulations.

Cosmetic contact lenses are also known as theatrical, decorative or non-corrective contact lenses. These products are sold in a wide range of colours and styles and are easy to purchase. Consumers can buy them in stores and on the Internet. Research reports show that the use of these products is growing, especially among adolescents and young adults.

There is every indication that the use of cosmetic lenses will increase and that they will be worn for all types of occasions. These contact lenses are called cosmetic because they do not correct vision. They change the colour or the appearance of eyes purely for aesthetic reasons.

You may be asking why we are considering such a frivolous item as a costume or fashion accessory. In response, I will say that they are not just costume or fashion accessories. As the sponsor of the bill, the member for Sarnia—Lambton, has said, this is about people's eyesight.

Users of cosmetic contact lenses place them directly on the cornea. I am convinced that you will agree with me that placing a contact lens directly on the cornea poses health risks, even though the product is especially designed and manufactured for the eye.

The consumer who buys this product over the counter is not always aware of the risks. We are interested in introducing simple and practical measures to mitigate this very real risk to health.

There are real differences between cosmetic and corrective contact lenses. Corrective contact lenses improve eyesight; cosmetic contact lenses only change the appearance of the eye. In Canada, the authority to determine whether a medical device is distributed by prescription rests with the provinces and the territories. At present, Canadian consumers who want to purchase corrective contact lenses must have a prescription.

However, non-corrective contact lenses can be purchased without a prescription in retail outlets, such as costume shops, or on the Internet. In fact, cosmetic lenses and corrective lenses are similar in many respects. Both are made with the same materials using similar production methods. Both are applied directly to the eye and both pose health and safety risks to those who wear them.

Some of the health and safety risks associated with wearing contact lenses include lacrimation, tingling and dry eyes. In extreme cases, these problems can lead to blindness.

For a number of years now, we have heard warnings about wearing contact lenses. As far back as 2000, Health Canada warned the public of the potential risks associated with wearing cosmetic contact lenses and recommended that these products be used only under the supervision of an eye care professional.

In addition to the information published by Health Canada, there have been many public communications regarding cosmetic contact lenses. Many Canadian associations for eye care professionals provide consumers with information on the risks associated with wearing cosmetic and corrective contact lenses and how to prevent these problems.

These professional associations adopted the position that the potential risks associated with wearing cosmetic contact lenses are equal to or greater than those associated with wearing corrective contact lenses.

The United States Food and Drug Administration also issued consumer warnings about the risks associated with wearing cosmetic contact lenses.

In 2008, our government introduced Bill C-51, An Act to amend the Food and Drugs Act and to make consequential amendments to other Acts, under which all contact lenses would be regulated as medical devices. However, Bill C-51 died on the order paper when Parliament was dissolved and the election was called.

Cosmetic contact lenses are currently not classified as a medical device since they do not provide any therapeutic benefits. That means that cosmetic contact lenses fall under the general prohibitions of the Canada Consumer Product Safety Act, which was passed in this House and came into effect in 2011.

This act is a solid piece of legislation that requires suppliers of consumer goods to report any safety-related incidents, recalls or other regulatory action in other jurisdictions.

The Canada Consumer Product Safety Act gives the government broad powers to take corrective measures, such as recalls and product corrections. It therefore authorizes the government to adopt corrective measures in all cases where a consumer product presents an unreasonable danger to people’s health and safety. Under this legislation, products must be assessed one by one in order to determine whether they represent an unreasonable danger, but only once they have been put on the market.

I would now like to reassure Canadian consumers that the Canada Consumer Product Safety Act provides greater protection than before when it comes to cosmetic contact lenses. As medical devices, cosmetic contact lenses fall under the Food and Drugs Act and the medical devices regulations. Companies would be obligated to ensure that their cosmetic contact lenses meet safety and quality requirements in order to be able to sell their products in Canada.

Health Canada may also request additional information regarding safety and quality before or after a decision concerning their sale in Canada. Therefore, as medical devices, cosmetic contact lenses would be subject to the same labelling requirements and consumer information standards as corrective contact lenses, before they are put on the market.

Moreover, the medical devices regulations contain permit issuance and inspection requirements to which importers and distributors are subject, in addition to a mandatory declaration by companies concerning any serious incidents that may have occurred. Many contact lenses are sold directly to consumers over the Internet and are subject to minimal or no safety and quality oversight measures. It is not mandatory to consult an eye care professional.

Bill C-313 does not address any obligation to obtain a prescription in order to purchase cosmetic contact lenses, nor any obligation on the part of consumers to consult an eye care professional to obtain a prescription. The regulatory authority of the medical devices regulations does not address these concerns. The onus would be on the provinces and territories to make decisions and implement measures, since the authority to set regulations forcing consumers to obtain a prescription to purchase this kind of contact lens falls under provincial jurisdiction.

I am, however, firmly convinced that Bill C-313 is better for Canadians because it will mandate greater oversight over the safety and quality of these products than is currently the case both before and after they are put on the market.

As a regulatory body, Health Canada will continue to provide health care professionals and the public with product safety information, and will continue to promote industry compliance with rules and regulations. Industry will be obliged to meet the requirements of the Medical Devices Regulations. A large number of companies that sell contact lenses in Canada also sell them in the United States where all contact lenses, whether corrective or cosmetic, have been regulated as medical devices since 2005.

It is our government's priority to harmonize these regulations with those of its foreign counterparts and to promote Canada-American co-operation in the regulatory sphere. Bill C-313 is an important step in this process. Support for Bill C-313 will also enable our government to meet its commitment to ensure Canadians' safety. This bill gives us the opportunity to address an important health risk. It comes in response to the concerns expressed by health care professionals.

In closing, Bill C-313 will make two similar products with comparable risks subject to a single regulatory mechanism.

[Patricia Davidson, Conservative, Sarnia—Lambton, ON]

Madam Speaker, I would like to take this opportunity to thank all parliamentarians who spoke in the House of Commons for their support of Bill C-313. I believe this legislation would strengthen consumer protection measures for Canadians and would serve to address the concerns raised with me by Canadian eye care professionals.

I also thank the House of Commons private members' business office and also legal services for their excellent work leading up to the introduction of Bill C-313. All of their work behind the scenes for MPs' legislative business is greatly appreciated.

In addition to my parliamentary colleagues, I thank the many professionals within the eye care community who have supported my private member's bill. In fact, members of the eye care community have been calling for the regulatory changes contained in my PMB for over a decade now. Bill C-313 has gained the support of three prominent national eye care organizations. The Canadian Association of Optometrists, the Opticians Association of Canada and the Canadian Ophthalmological Society are important stakeholders in any discussion on eye care.

Furthermore, my office has been contacted by numerous provincial bodies and even eye care organizations from across the United States and Europe, each of whom are extremely supportive of the work we are doing here today with regard to helping to make Bill C-313 law.

I believe the work of these professional eye care stakeholders in Bill C-313 would finally address the lack of regulatory oversight on what are called “non-corrective cosmetic contact lenses”.

Due to the importance of Bill C-313 toward consumer protection and the overall health and well-being of Canadians, I was able to obtain the full support of all the opposition parties and their health critics when my bill was first introduced. Today I thank them for that same support to send my bill to committee for further study.

I am also honoured to have the support of the Minister of Health and I thank her for her support on the bill.

Asked by constituents and others why I would bring Bill C-313 forward, I have explained that my objective was to fully address the concerns held by myself, other parliamentarians and thousands of eye care professionals across Canada about the impact that cosmetic contact lenses was having on the health of our youth and those unaware of the potential side effects of using such a consumer product.

For example, in the past few months, since Bill C-313 was introduced in the House, millions of cosmetic contact lenses have been recalled across North America. These lenses were sold by various companies over the Internet with little to no regard for the safety of the customer purchasing these products, which is exactly what this legislation intends to prevent.

Severe complications did occur for some of the consumers who purchased these tainted lenses, which led to the recent recall in question. Such complications are likely to occur due to unsafe handling and wearing an improperly fitted lens in one's eye. These issues are also known to increase with the lack of professional oversight when these products are initially obtained by the consumer. A list of complications would include the following: conjunctivitis, corneal abrasions, giant papillary conjunctivitis, microbial keratitis and other forms of bacterial, allergic and microbial infections as specified by the eye care industry.

Already we know that these complications all occur with prescribed corrective lenses, which is exactly why Health Canada regulates the use of those products through opticians and regulatory bodies.

Before I finish, I will share with members a quote from Dr. Lillian Linton, president of the Canadian Association of Optometrists. After Bill C-313 was introduced, she stated:

This is about people’s eyesight…. There are daily news stories from around the world about the complications that can arise due to ill-fitting cosmetic lenses or improper use and handling. It is an important vision health issue and the optometrists, opticians and ophthalmologists of Canada are asking for unanimous support from the House, Senate and Health Canada to adopt this amendment and enact it with haste.

The time has come for us as parliamentarians to join together to support Bill C-313 so we can ensure that the required regulatory changes are made. In doing so, we, as MPs, can ensure that the eye health of thousands of Canadians remains adequately protected.

With this in mind, I call on all parliamentarians in the House today to stand in support of Bill C-313.

[The Deputy Speaker, Denise Savoie]

The question is on the motion. Is it the pleasure of the House to adopt this motion?

[Some hon. members]

Agreed.

[The Deputy Speaker, Denise Savoie]

I declare the motion carried. Accordingly, the bill stands referred to the Standing Committee on Health.

(Motion agreed to, bill read the second time and referred to a committee)