Protecting Canadians from Unsafe Drugs Act (Vanessa's Law)

An Act to amend the Food and Drugs Act

This bill is from the 41st Parliament, 2nd session, which ended in August 2015.

Sponsor

Rona Ambrose  Conservative

Status

This bill has received Royal Assent and is now law.

Summary

This is from the published bill. The Library of Parliament has also written a full legislative summary of the bill.

This enactment amends the Food and Drugs Act regarding therapeutic products in order to improve safety by introducing measures to, among other things,
(a) strengthen safety oversight of therapeutic products throughout their life cycle;
(b) improve reporting by certain health care institutions of serious adverse drug reactions and medical device incidents that involve therapeutic products; and
(c) promote greater confidence in the oversight of therapeutic products by increasing transparency.

Elsewhere

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

Bill numbers are reused for different bills each new session. Perhaps you were looking for one of these other C-17s:

C-17 (2022) An Act to amend the Federal-Provincial Fiscal Arrangements Act and to authorize certain payments to be made out of the Consolidated Revenue Fund
C-17 (2020) Law Appropriation Act No. 5, 2020-21
C-17 (2020) An Act respecting additional COVID-19 measures
C-17 (2016) Law An Act to amend the Yukon Environmental and Socio-economic Assessment Act and to make a consequential amendment to another Act

Protecting Canadians from Unsafe Drugs Act (Vanessa's Law)Government Orders

May 27th, 2014 / 1:40 p.m.

Conservative

Terence Young Conservative Oakville, ON

Mr. Speaker, I want to thank the member for her sincere speech and her dedication to prescription drug safety.

I would like to ask her if she would consider going to her House leader today, as soon as possible, and asking the House leader to approve sending this bill to committee today so that it is not delayed and it can be passed in the House of Commons, with any luck, with the agreement of the Standing Committee on Health, and can be sent to the Senate so that Canadians can become safer sooner. It is very important to get this bill passed as quickly as possible.

I would like to make that request of the member.

Protecting Canadians from Unsafe Drugs Act (Vanessa's Law)Government Orders

May 27th, 2014 / 1:40 p.m.

NDP

Élaine Michaud NDP Portneuf—Jacques-Cartier, QC

Mr. Speaker, I thank my colleague opposite for his question. I know that the issue we are talking about today is very important to him personally. I thank him for his work on this issue and the passion with which he defends Canadians' health.

If I was sure that the government would work in good faith with members of Parliament, that we would leave the committee with the best possible bill, that there would be no obstruction and that all the parties would truly work together, then I would be pleased to send the bill to committee as soon as possible. Unfortunately, our experience shows that we need to take the time in the House to debate the issue and present our arguments publicly because we are muzzled in committee.

If we are talking about issues that are crucial to Canadians, then the meeting goes in camera. I find it unfortunate to have to take so much time here in the House discussing an issue that is important to each and every one of us.

Unfortunately, this government's attitude since winning a majority leaves us, as opposition members, with no choice.

Protecting Canadians from Unsafe Drugs Act (Vanessa's Law)Government Orders

May 27th, 2014 / 1:40 p.m.

Liberal

Kevin Lamoureux Liberal Winnipeg North, MB

Mr. Speaker, it is clear that not understanding the benefits versus the risks of medications will tragically cause some people to get sicker than they were when they started taking the medication in the first place. In many situations, people die as a direct result of taking medication without having a fair understanding of the risk factors.

The bill is a step in the right direction, and the health critic for the Liberal Party has been very clear that we believe we can do more to improve it. We are prepared to see the bill go to committee in the hope that the government will in fact accept and make the amendments that would make the bill that much more stronger.

The concern I have is that the New Democrats might be using this bill as some form of a bargaining tool. Does the member feel that the NDP is prepared to allow the bill to pass? When does she believe the bill would be called again? Ideally, how much more time would she like to see?

Given the expressions of support for the bill, whether from the leader of the Green Party, the government, the Liberals and even from her caucus, there seems to be consensus that it is a good bill that can be improved upon if it goes to committee.

When does the member anticipate that the NDP will be in a position to allow the bill to go to committee?

Protecting Canadians from Unsafe Drugs Act (Vanessa's Law)Government Orders

May 27th, 2014 / 1:45 p.m.

NDP

Élaine Michaud NDP Portneuf—Jacques-Cartier, QC

Mr. Speaker, I thank my colleague for the question.

I find the Liberals' attitude to be especially funny. They are in a big hurry when they come to the House, but they spent years in government doing nothing, sitting on their hands and not advancing the issues. They could have resolved these problems years ago, when they were in government. Now they are trying to blame the NDP. They are saying that we are responsible for delaying passage of the bill that would help Canadians be in better health and better understand the effects of the drugs they take. Frankly, I think no one in Canada buys that argument.

The work we do in the House is important. My colleague should know how things work in the House. He has been here for some time. He knows full well that as soon as the Conservatives get to committee, they eliminate any possibility for discussion with Canadians. The meeting ends up in camera and we are unable to get our message across.

The NDP knows that, unfortunately, we can rarely trust the government. We take the time we are allocated in the House to debate and to proudly represent the Canadians who sent us here, and to speak to the issues that matter to them, including protecting their health.

Protecting Canadians from Unsafe Drugs Act (Vanessa's Law)Government Orders

May 27th, 2014 / 1:45 p.m.

NDP

Carol Hughes NDP Algoma—Manitoulin—Kapuskasing, ON

Mr. Speaker, we are having a wholesome debate today.

I want to reiterate what the bill is actually about. Bill C-17 would bring in the following measures. It would allow the government to recall drugs or order the distributor to take corrective actions to remedy the problem with the drugs. The government could order a manufacturer or importer to modify the label of a drug to update the side effects or health risks associated with it. The minister could order a review of the drug and to be reported back to the minister. People will be quite surprised by the fact that this cannot get done at this point. It would give the Governor in Council new powers to create regulations as needed for labelling and authorization criteria. It would require manufacturers to communicate risks associated with their drugs that have come up in other countries. It would impose new fines for keeping unsafe product on the market, up to $5 million per day, and could include jail time, with a stronger penalty if the manufacturer knowingly erred.

A lot of Canadians would be surprised to find out that these measures are not in place at this point in time. It is evident that we need a comprehensive drug plan so all Canadians can be assured their medications are safe for use and so they have access to plain language information about why their medications are safe, including the testing process and medication labelling.

We have heard over and over again at the health committee, when I sat on it a few years ago and today, whether it is GMO or anything else, that people want to see the labelling. They want to be informed, contrary to what the government sometimes thinks. Sometimes it thinks people are not paying attention to what is being said in the House. It thinks people are not paying attention to the bills. Canadians are paying attention.

While we support the legislation, more needs to be done to improve the drug safety measures. We will be proposing amendments to improve the bill. I understand the Liberals are also looking at proposing amendments as well. This is why we should not be rushing bills through. These issues date back many years. In 2011, the Auditor General warned that consumers were not receiving safety warnings about pharmaceutical drugs fast enough because Health Canada was slow to act on potential issues that it identified. That was one of the reasons the Auditor General brought forward.

Fast track now to 2014, three years later, and we are just getting this. If the government is saying that this was such a critical issue, why did it not bring it forward? If the Liberals are saying that this is such a critical issue, why did they not bring it forward when they had 13 years to do it?

I forgot to mention earlier, Mr. Speaker, that I will be splitting my time.

Certainly the NDP is looking at proposing amendments to improve the bill when it reaches committee. In the meantime, it is important to have a healthy debate in the House so we can get the ideas forward, so people can be more educated about what is going on and what the government is putting forward. It is a great bill. Why do we not want Canadians to know about it just by having the debate in the House and being able to hear from other witnesses as they may want to choose to have their words heard at committee, whether it is by writing a submission or being called as a witness?

Sometimes the government will put in place some type of advertising. This is basically what has happened here. It indicates it is taking care of the well-being of Canadians, but as we can see, the bill shows there was a big void. We know, for the most part, when we send something to committee, and my colleague spoke to this a little while ago, the Conservatives still have a majority on the committee and all too often they are just eager to pass legislation without proper amendments. Because the amendments are coming from the opposition, they sometimes think that they are not noteworthy.

Therefore, we want to ensure that people are aware of the proposition and of the changes and concerns we have with legislation. That is why we are having this debate today, so more people are aware of needed amendments and whether the government acts on those.

The Auditor General also found there were gaps in transparency that were keeping Canadians in the dark about Health Canada's drug safety work. Unlike many other countries, Health Canada also does not make information on clinical trials public.

I have a sister who was diagnosed with Alzheimer's at the age of 50. She was on a clinical trial. We would have liked to have known what those results were at the end of the day and more information about that.

If information on clinical trials are public, they would show the health risks and side effects associated with the drug during its testing phase. All Canadians should be made aware of what those are. I also think the scientific community is looking at this as well. It does not want to be kept in the dark. The information needs to be passed on in a public way.

When it comes to providing Canadians with the information they need, Health Canada has been slow to react as of late. It took a full week before the voluntary recall of Alysena 28 was communicated to Health Canada and made public. Guess what happened with that? Many women were exposed to unwanted pregnancies. Now there is a class action lawsuit against Apotex for the faulty birth control pills.

The United States stops these medications from going forward. In Canada, we hear about these medications being taken off the market, yet we continue administering them to Canadians. We need to react a little more swiftly and we need to pay attention to what is going on. While Canadians are Canadians and U.S. citizens are Americans, they are all people and it affects them the same way.

Currently drugs can be prescribed without knowing what effects they can have on children, seniors, or nursing women because Canada and other countries do not share the information they collect on the particular effects of drugs and they do not ask drug companies to share it. That is extremely important.

It is not just the NDP that is calling for amendments to the bill.

Dr. Joel Lexchin, who is the drug safety policy expert at York University, calls Bill C-17 a step forward for Canada's drug safety legislation. We basically have said the same thing.

Dr. Lexchin has also expressed concerns that the legislation would not go far enough and that Canadians would still not know enough about the evaluation process that determines whether medications would be safe enough to be sold in Canada.

Let us hear what else he has to say on what needs to be improved in the legislation. I hope the colleagues across are listening to what needs to be improved because these are some of the amendments that the NDP will be bringing forward at committee.

He says that the new drug safety law should require that when the minister makes a decision about a product needing additional testing or that a product should be withdrawn, that all of the documentation used in making that decision should be made public. All of the safety and efficacy effectiveness information about a product that was generated either in the testing phase or once the drug was on the market should be publicly available, including periodic safety update reports. How important is that? It is extremely important.

He also says that the minister should be able to make decisions without prior consultation with the company involved, and those are important to note. All too often we find that the big corporate entities have the government in their pockets. Therefore, this would certainly put that to rest. When a company is required to do additional testing, there should be an annual report about the status of that additional testing. Additionally, the complete results of those additional tests should be public.

He further says that if companies are required to do additional testing, then the companies should turn over the funding to do that testing to a neutral third party, for example, the Canadian Institutes of Health Research. The CIHR should be responsible for selecting the researchers to do the testing and the data should be analyzed completely independent from the company.

This is about the safety of patients and Canadians.

The government can go on and on about doing some advertising, but until it takes action such as some of the amendments that have been suggested here, we will not get that perfect bill that could provide more security to Canadians. We know over and over again when the government has done advertising. We can look at the economic action plan. We can look at Twitter feed amount it actually puts in. What really matters is to ensure we have proper legislation that will protect Canadians.

Protecting Canadians from Unsafe Drugs Act (Vanessa's Law)Government Orders

May 27th, 2014 / 1:55 p.m.

Conservative

Terence Young Conservative Oakville, ON

Mr. Speaker, I listened carefully to what the member opposite said about amendments. The Minister of Health is on the record saying that she is willing to consider amendments to this bill, which is very positive. It is the way democracy should work, and it is the way democracy is working, if only we can get this bill to committee.

We do not make amendments in the House generally. Where do we make them? We make them in committee. I ask the member to please go to her House leader and ask him to get this bill to committee today.

Protecting Canadians from Unsafe Drugs Act (Vanessa's Law)Government Orders

May 27th, 2014 / 1:55 p.m.

NDP

Carol Hughes NDP Algoma—Manitoulin—Kapuskasing, ON

Mr. Speaker, we already told the member that we are willing to move this to committee, but it does not mean we should forego our voices here in the House in the debate on the issues.

We all know full well that, once we are at committee, even though the minister says she is willing to look at amendments, all too often the government is willing to push forward without amendments because it has the majority. We want to make sure the Conservatives fully understand that we think this is a great bill and it is moving in the right direction, but it is imperative that there be amendments to it.

My question for the member, if he were able to answer, would be how this new legislation would improve the prevention of adverse drug reactions when it does nothing to change Health Canada's follow-up on adverse reaction reports.

Protecting Canadians from Unsafe Drugs Act (Vanessa's Law)Government Orders

May 27th, 2014 / 1:55 p.m.

Liberal

Kevin Lamoureux Liberal Winnipeg North, MB

Mr. Speaker, I would like to conclude with the fact that, as I indicated before, the Liberal Party critic was fairly clear that the bill is a step forward. It is something that would make a difference in the lives of Canadians from coast to coast to coast.

Having said that, we have serious concerns in terms of wanting to present amendments. We are looking to the government to materialize on its commitment to approach it with an open mind and accept amendments. That is something that is very important to the Liberal Party.

Could the member provide her thoughts on how important it is that amendments be accepted at the committee stage?

Protecting Canadians from Unsafe Drugs Act (Vanessa's Law)Government Orders

May 27th, 2014 / 1:55 p.m.

NDP

Carol Hughes NDP Algoma—Manitoulin—Kapuskasing, ON

Mr. Speaker, I will make it as short as possible. I think I can give three areas where it needs to be improved. Optimal prescribing practices, public disclosure of clinical trial results, and strengthening the common drug review are three areas the government needs to consider when it gets to committee.