Bill C-17 (Historical)

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

An Act to amend the Food and Drugs Act

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.

Business of the House

[Peter Julian, NDP, Burnaby—New Westminster, BC]

Actually, Mr. Speaker, the member would have been right if he was not talking about speakers. He is wrong. Speakers actually show up in Hansard, so Canadians who are interested can go online, look at Hansard, and see how many members spoke.

The point I was going to make was that there were a number of speaking spots that Conservatives did not show up for. They did not even show up for their shifts. For most Canadians, if they do not show up for their shifts, they do not get paid. For the first two nights, a number of Conservative MPs did not even show up to speak for their constituents. Therefore, after two nights, we can see very clearly that New Democrats show up to work, they fight for their constituents, and they speak out for Canadians every night in the House of Commons, whether it is midnight or 9 p.m.

I still have some questions for my colleague, the Leader of the Government in the House of Commons.

First, the government has just moved another time allocation motion. This is the 66th time. How sad. How many times in the coming days will the government use its majority to impose closure or time allocation?

Second, we debated Bill C-17 for a few hours this week. It was introduced in the House in December 2013, and the government refused to debate it for six months. When will the government hold another debate and a vote on that bill? Those are my two questions.

[Elizabeth May, Green, Saanich—Gulf Islands, BC]

That gives me another chance to thank your side of the House, and particularly Terence, for bringing forward Bill C-17, because we shouldn't always believe what the pharmaceutical industry tells us. We should rarely believe it.

Bill C-24—Time Allocation Motion

[Elizabeth May, Green, Saanich—Gulf Islands, BC]

Mr. Speaker, I wish we could be having the kind of conversation that would reflect the honesty of what is going on in this place, which would mean that I was not addressing my question through the Speaker to the hon. Minister of Citizenship and Immigration but to the puppet masters in the various leaders' offices who have decided that the House is going through the charade of late night sittings until midnight in the absence of the kind of trust and political consensus we should have been building in this place to allow us to avoid long debates on bills on which we completely agree, such as Bill C-17, to get it to committee and not take up our time in speeches, and allow us to have the kind of debate that this particular bill really requires.

If we had the kind of respect across the House that should be the job of all parliamentarians, we would not be sitting until midnight in a farcical exercise to prove we are working hard, because we are not going to be working smart by the end. I know what happened last June when we worked every night until midnight. Late night sittings do not advance the kind of parliamentary performance that our voters deserve.

I do not know if my hon. colleague would agree with me, but would it not be better if the House leaders were able to work together so we could focus our time deservedly on this bill and move up the passage of the ones on which we all agree?

Health

[Paul Calandra, Conservative, Parliamentary Secretary to the Prime Minister and for Intergovernmental Affairs]

Mr. Speaker, I want to take just a moment to recognize and thank the member for Oakville for his tireless efforts on this and the obvious passion that he brings to this file.

He is absolutely right, Bill C-17 has the support of all members of this House. Yesterday, shamefully, the NDP played partisan political games in delaying this before it could go to the health committee.

The NDP members need to answer to those Canadians, the millions of Canadians who are waiting for this bill to be passed. They have to stop playing partisan political games and work with us to make sure this bill gets passed.

Let me assure the member, his family, and the millions of Canadians who are relying on this that this side of the House will do everything in our power to make sure this gets passed.

[Terence Young, Conservative, Oakville, ON]

Mr. Speaker, Bill C-17 has the support of every party in this House. When passed, it would empower the Minister of Health to, among other things, order dangerous drugs off the market without delay and require reporting of serious adverse drug reactions.

This bill is, without exaggeration, a matter of life and death for Canadians who may suffer serious adverse drug reactions in the coming months. The minister has stated that she is open to amendments to further strengthen the bill.

Can the Parliamentary Secretary to the Prime Minister and for Intergovernmental Affairs please tell us why this legislation has not yet been referred to the health committee?

Vanessa's Law

[Terence Young, Conservative, Oakville, ON]

Mr. Speaker, Bill C-17, Vanessa's law, would help identify potentially dangerous drugs and ensure the quick recall of unsafe drugs. It would require reporting of serious adverse drug reactions, so doctors and patients are aware of new risks, and it would introduce tough new fines for companies that put Canadians at risk.

The Minister of Health has even declared that she is open to amendments to further strengthen this bill. I cannot believe that New Democrats have chosen to stonewall its passage. They wasted hours yesterday talking about how important this bill is, but when asked to fast-track it, they simply refused. I pleaded with six NDP members yesterday in the House to request their House leader to get Bill C-17 to committee as soon as possible. Every one of them refused or ignored me entirely.

This legislation would save lives. We need to get it passed. The NDP will have to answer to Canadian patients for this inexcusable delay. The NDP should stop playing political games with patient safety.

Extension of Sitting Hours

[Françoise Boivin, NDP, Gatineau, QC]

Mr. Speaker, what an odd debate. I listened with interest to the speech by the hon. member for Burlington. He is the chair of the committee and I am the vice-chair.

I found some of his statements peculiar. The fundamental problem with the motion presently before the House is not the fact of staying until midnight. The NDP team has a reputation for hard work. Anyone who wants to entertain themselves by visiting my Facebook page would see that the people of Gatineau are actually advising me to slow down because they are worried about my health. Perhaps they are right, considering the flu I have at the moment. We in the NDP work very hard. A number of bills, for example, are before the Standing Committee on Justice and Human Rights, so that they can be debated in the House or in committee. It is not the work we are afraid of.

The cat is out of the bag. There are issues that our Conservative friends want to talk about, and they want to speak about them at length. Had I been asked, I would have said—before they even rose to speak—that I expected to see a great many Conservatives rise to speak in the House about Bill C-32. Why? Because it is an opportunity for the Conservatives to give Canadians the impression that they have been dealing with this issue—and this issue alone—for weeks, months and even years. They are the ones who stand up for victims. We are all deadbeats and have washed our hands of the problem. That is not true, though. Now, when workers’ rights were at stake, the Conservatives wanted to cut debate short.

The member said that nine bills had been passed and that he is embarrassed to return to Burlington. What I would say to him is that he is absolutely right to be embarrassed; the Conservatives did nothing with their majority aside from getting nine bills passed, and they had to resort to time allocation motions to ram the bills through. There is something not quite right with this government. The Conservatives are averse to debate. They do not like hearing opinions that do not coincide with their own. When the Conservatives too often hear something they disagree with, a red light suddenly goes on. We have had to debate many a time allocation motion. I do not know how many times I have taken part in debates in the House or how many speeches I have made expressing my dissatisfaction with the fact that we have been stripped of our right to speak.

The Conservatives made mention of Bill C-13. I am fortunate to be the NDP justice critic and to have had the opportunity to voice my opinion regarding this omnibus bill, right after the minister spoke. This is no small bill; on the contrary, it is approximately 50 pages long and has an impact on numerous other pieces of legislation. It does address the issue of cyberbullying, as the government likes to point out, but it goes much farther, so far that the committee is being flooded with requests for meetings. We hear all manner of experts warning us to be careful. That is what is missing in the House.

The Senate is referred to as a chamber of sober second thought, but we were not elected to this place in order to abdicate our duty to think. Members have a responsibility to be present in the House to voice and stand up for the opinions of their constituents. Canadians expect us to go about our work in an intelligent and thoughtful manner, to take the time to properly analyze bills. I am in favour of debating this bill in the House and referring it to committee for further consideration. More often than not, bills are analyzed at lightening speed.

The Conservatives will say that the House was given an opportunity to debate Bill C-13, the bill on cyberbullying, and thank God, especially given the time allocation motion that was foisted upon us so as to ram the bill through to committee.

Suddenly, things became urgent. Why urgent after the death of Rehtaeh Parsons, and yet not after the death of Amanda Todd? That was a question a witness asked us. The notion that the government would somehow need to act urgently does not really cut it with me; these things are more politically driven than they are concrete. It is a bit worrisome.

Bill C-13 is large and contains a number of disturbing provisions. When considered alongside the remarks made by the Conservative committee members, it leads me to believe that the Conservatives will not be very receptive to the many amendments proposed by expert witnesses. If past events are any indication, I am not very optimistic. Still, I am an optimistic woman by nature.

In light of this, I have trouble believing it when the government tells us, hand on heart, that its goal is to work harder. Working harder, for a Conservative, does not necessarily mean working more effectively and harder. It simply means that members end up working until midnight in order to discuss all the bills before the House, including those bills that have not been studied for an eternity.

For example, there is Bill C-2 on safe injection sites; Bill C-3 on marine transportation; Bill C-6, which implements the Convention on Cluster Munitions; Bill C-8 on counterfeit products; and Bill C-10 on contraband tobacco, which we finished studying in committee such a long time ago that I will have to reread all my material. Indeed, since then, we have studied so many other topics that I have almost had enough time to forget all about it. We will resume studying this bill at report stage. We could have covered it a long time ago. I have been waiting for some time for this stage to be completed in the House. Everything will have to be done over. It is a colossal waste of time for everyone concerned. There is also Bill C-11 on the hiring of injured veterans. If there is a category of people in our society who have huge needs, it certainly is our veterans.

Suddenly, the Conservatives are going to try and push all this through at once. The member for Burlington has done the math when it comes to the number of hours, and the government is going to try and give us a few hours for each bill. Then the government turns around and calls itself a champion of hard work. Well done, champion.

There is also Bill C-17, Vanessa’s law, about drug safety, an extremely important bill that must be debated; Bill C-18, concerning farm regulations; and Bill C-20, concerning the Canada-Honduras agreement, which is at report stage. I no longer even remember when I gave my last speech on that subject. It has already been a heck of a long time. The Conservatives have been in no rush, but all of a sudden, they are in a rush.

We will examine Bill C-21, concerning red tape for small businesses. The junior Minister of Tourism is travelling all over Canada to talk about the importance of eliminating red tape everywhere, while this bill is stuck in some office or other. It could have been debated a long time ago.

There is Bill C-22, concerning oil, gas and nuclear liability, and Bill C-24, concerning the Citizenship Act. These are bills that are announced to us with great fanfare at big press conferences, but then they stagnate and we do not see them again.

There is Bill C-26, about sexual predators. I expected that one would move quickly, because the Conservatives told us we had to work on this issue quickly. There is also Bill C-27, about hiring veterans in the public service. It is extremely important, I repeat, because it concerns a category of people in our society who have needs that are just as important.

Then there is Bill C-32, about the victims bill of rights. I think it is the reason why this government’s Motion No. 10 has no credibility at all. For a full year, I was treated to one press conference after another. If it was not the Prime Minister, it was the Minister of Justice with his senator from the other side. They told us they were going to work very hard, listen, set up panels and do everything we could wish for, and then they brought forth a charter that was denounced by many people, starting with victims, because they expected a lot more. That may be why the Conservatives kept their charter hidden for some time.

Apart from the minister, one Liberal and myself, no one has yet spoken on this subject. I am going to make a wager with my colleagues in the House. I expect there will be a time allocation motion on this. The Conservatives are going to rend their garments and plead that it is urgent, that it is extremely important and that it must be passed immediately, or the opposite will happen, because they will want to talk to us about it for hours on end. It becomes part of their narrative.

Every Conservative member wants to go back to their riding and have their householder and the excerpt from their speech in the House, which they made to show that they are protecting victims’ rights.

In the NDP, we want to talk about important issues and show that we could do even better than Bill C-32, specifically by amending it. We want to talk about the proposals made by the federal ombudsman for victims of crime. In fact, Bill C-32 does not contain a large percentage of her recommendations. A balance has to be struck. For every Conservative who speaks, the New Democrats will also speak.

When we want to talk about something, it is not important. That is the message we constantly get in the House, and, perhaps because we are approaching the end of the session, it is becoming extremely annoying, to put it mildly and stay within the bounds of parliamentary language.

It is appalling to see that people who are elected to represent the residents of their riding are silenced as often as we are by this government. We get told they are not interested. I have also heard the member for Burlington say—and I am going to talk to him about it again, in fact, at the Standing Committee on Justice and Human Rights—that sometimes we just need to go and read because members all read pretty much the same thing.

If the people of Gatineau think the same thing as the people of Laval, I think it is important that this be pointed out. Who has more right than whom to speak in the House on a particular bill? There is something indecent about wanting to constantly silence people.

Sometimes, I tell the members opposite that they should stop imposing time allocation motions and motions to get things done, as they like to say. I very much liked the expression my colleague used yesterday, when he talked about motions that are “a licence for laziness”.

This is unpleasant. If they had taken the time spent on debating those motions and instead used the time to finish the debate on the bill that they were trying to stop from being debated, we would probably have finished. The fact is that not all members in the NDP caucus or the Liberal Party or the Green Party or whatever colour you like necessarily wish to speak.

However, if the government limits the speaking time of a single member who wishes to speak, we cannot claim to be living in a democratic system. That is what is known as the tyranny of the majority. I believe we have to stand up against that, loud and clear. Every time that happens here, we are going to speak out against it, in every way possible.

We are told that we could perhaps go faster. I listened to the Minister of Foreign Affairs say that, and what he said made sense, in some respects. The way that Manitoba and the NDP government operate makes sense. Those consensus-based approaches make sense.

Quebec managed to pass a bill on a very sensitive issue, end-of-life care, with the agreement of all parties. There was an election, and the members all agreed to reinstate the bill once the election was over. That is being discussed.

The problem here is that the people on the Conservative benches are not talking to the opposition parties. All they talk about is strategies. We keep wondering who is going to pull a fast one on us. They use roundabout tactics such as counting how many MPs are in the House, catching them off guard, and forcing a party leader to go testify before a committee. This is unprecedented—and they say they are democratic.

Then the Conservatives get all offended when we say that Motion No. 10 is total nonsense. This is not about giving us more time. This is about taking all of the bills—there are more on the agenda than have already been passed, and that took much longer than the amount of time we have between now and June 20—and making us think they are giving us more time. They are not giving us a thing. I do not believe in Conservative gifts, and nobody in Canada should believe in any Conservative gift whatsoever.

The truth is that the Conservatives are going to shove their agenda down our throats because they could not get through it in a mature, parliamentary, by-the-rules way. They could have said that the House leaders would discuss it and try to see if some of the bills were more palatable or if we could agree to pass some of them more quickly. Then the real committee work could have started.

It is true, for Bill C-13, we had a lot of witnesses. However, I am not yet ready to give a seal of approval to the government in power, indicating that the bill has been studied in depth, because we still have the entire amendment stage. I believe that what the other side wants to accept is under so much remote control that the committee is not really doing the work. Instead, the higher-ups are dictating to our colleagues opposite what they have to do, while at the Standing Committee on Justice and Human Rights, we are trying to bring out the best in the bill.

I have not even mentioned the upcoming Bill C-35, dealing with service animals. Bill S-2 deals with statutory instruments and may not seem like much. However, it is a very significant bill that is going to change an entire way of doing things in terms of regulations. We know that regulations have an impact on the everyday lives of our fellow Canadians in all kinds of areas: the environment, transportation, health and what have you. This is a real concern. I bet that we will analyze it very quickly. That concerns me.

The fact that we are extending our hours until midnight does not encourage any belief on my part that we will be having constructive debates followed by more productive work in committee. That is why the Conservatives have this problem with credibility. We are not the only ones saying so. When their measures are challenged in court, the Conservatives get slammed.

I will take a deep breath and take a little time to say that perhaps we should review our way of doing things. Our friends in the House may not know this, but the bill on prostitution may well be coming our way next week. We hear whispering in the corridors that the government wants the bill passed. It is huge, though, since it comes as a response to a Supreme Court of Canada decision. Everyone in the House knows that passing the bill will not be easy because there are people on all sides of that issue. I would bet that we are going to have just a few hours of debate before they pitch it—to put it very nicely—to the Standing Committee on Justice and Human Rights. We can expect a hot and heavy summer on that one.

Extending the sitting hours until midnight just to work harder is one more tactic that is just like their time allocation motions, closure motions and any other kind of motion they can think of. It is part of the Conservatives' bag of undemocratic tricks. They will force these tricks on the House, but not on themselves, as ministers. Based on how the motion is written, I think it will be quite humourous. It will be interesting to see how many of them will be here in the House to happily participate in the debates on all the topics I mentioned, instead of at a cocktail party. That is why it is extremely important that we amend this motion.

Seconded by the hon. member for LaSalle—Émard, I move:

That the motion be amended by deleting all the words after the word “place” and substituting the following:

(b) when a recorded division is demanded in respect of a debatable motion, including any division arising as a consequence of the application of Standing Order 61(2), but not including any division in relation to the Business of Supply, Private Members’ Business, or arising as a consequence of an order made pursuant to Standing Order 57,

(i) before 5:30 p.m. on a Monday, Tuesday, Wednesday or Thursday, it shall stand deferred until the time immediately before the time provided for Private Members’ Business at that day’s sitting,

(ii) after 5:30 p.m. on a Monday, Tuesday or Wednesday, it shall stand deferred until the time immediately before the time provided for Private Members’ Business at the next day’s sitting,

(iii) after 5:30 p.m. on a Thursday, or at any time on a Friday, it shall stand deferred until 6:30 p.m. on the following Monday.

[Anne-Marie Day, NDP, Charlesbourg—Haute-Saint-Charles, QC]

Mr. Speaker, I listened carefully to the hon. member's speech and frankly, I am astonished. This is about being for or against democracy. If he could, would he go straight to the checkout without buying groceries, so to speak?

The party opposite would like to pass the bills in a hurry. I, for example, have had no opportunity to speak to Bill C-17, Vanessa's law, so how are the people in my constituency supposed to know that the bill exists? They will know if I can speak to it and that finds its way into social media and the press. If not, they will never know what is in the bill, unless the hon. member comes to my region to talk about it. This is a way in which one can express oneself.

Can the hon. member tell me where the blame lies in all this? In the fall, we began this session of Parliament late. How many weeks have we lost? How many times has the government prorogued Parliament? If the government had not wasted time and limited members' speaking time, perhaps we would not be in this situation today.

Perhaps the hon. member is running out of steam. Perhaps he is getting fed up with being a member of Parliament. Perhaps he would like to do something else in life. Perhaps he prefers the open road to open debate as a way of giving people information. However, we feel that it is important to fulfill that role here.

Motion that debate be not further adjourned

[Peter Van Loan, Conservative, York—Simcoe, ON]

Mr. Speaker, I know this is an issue in which the hon. member has taken a great interest for obvious reasons and has been a champion. It is fair to say that if it was not for his leadership and initiative we would not have the opportunity to be debating this particular bill on the floor of the House of Commons today.

What was disappointing to me today was, contrary to what we had been led to believe, certainly it was the impression I had this morning, we did not succeed in getting the debate to a conclusion today. This is one of the difficulties we find. We debated the number of speakers people have put up. According to the NDP, there was some virtue in the fact that they have had more speakers in the evenings, even though the statistics are quite different than that when we look at the fullness of debate.

Our approach is to let those who feel passionately about it have their say, allow the debate to occur, but also allow a decision to be made, allow a vote to happen, allow a bill to proceed to the next stage.

This is an important bill. These extended hours will give us the opportunity to get it to the next stage because clearly simply relying on the good faith of the opposition to allow it to proceed to the next stage is not sufficient. That is why we have to sometimes take unusual steps with our process to allow that to happen. Members should keep in mind that we are only talking about getting it to second reading in the House of Commons.

I often take school visits and school groups through the stages of getting a bill adopted. I explain that it has to go to committee to be studied, to have witnesses heard, and then be put to a vote. It then comes back to the House for report stage and to be voted on there. There will then be a further debate in the House at third reading and be put to a vote. I then say, “Is it a law now?” They all say yes. Then I say, “No. Guess what? It then has to go to the Senate for all the same things all over again”. Then they realize that there are indeed many hurdles and safeguards.

If we want to get bills passed, if we want to get changes in place and get Bill C-17 in place, it requires a real commitment from all of us to put our shoulder to the wheel and get things done. That is what this motion would allow us to do on Bill C-17 and a number of other bills that are before us that Canadians want to see us deliver results on.

[Terence Young, Conservative, Oakville, ON]

Mr. Speaker, the question is regarding Bill C-17, Vanessa's law. I am trying to understand what these extended hours will mean with respect to Bill C-17.

As the House knows, Vanessa's law will, among other things, empower the Minister of Health to order dangerous drugs that are harming Canadians off the market immediately, change labels, give better safety warnings, and so forth.

The timeliness of this bill is important. For example, we know that there are hundreds of patients in Canada who suffer serious adverse drug reactions daily. That is what this bill is designed to address. If this bill is passed sooner, without a word of exaggeration it will save lives. It will protect Canadians from serious adverse drug reactions.

I did not count how many NDP members spoke in support of the bill today. I think it was 10 or more. The New Democrats are supporting the bill in principle. They want to get it to committee to talk about amendments. I would love to get it to committee to talk about amendments, but we did not get the direction or agreement from the NDP House leader today to send it to committee. We need to do that soon in order to get it through committee, passed in the House of Commons, and sent to the Senate for consideration before the end of June.

Therefore, I would ask the government House leader this. What do these extended hours mean with respect to Bill C-17, Vanessa's law?

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

[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.

[Élaine Michaud, NDP, Portneuf—Jacques-Cartier, QC]

Mr. Speaker, I am very pleased to join my colleagues in the debate on this important bill, Bill C-17.

The debate we are having in the House today is also very important. I have heard Liberal members questioning the fact that NDP members are rising in the House to take a stand on Bill C-17 and propose solutions. I have heard Conservative backbenchers yelling for us to send the bill to committee.

I think they have forgotten what has been happening in committee since the Conservatives won a majority. The Conservatives say publicly that they are open to amendments and discussions with the opposition parties to try to improve bills, but when it comes time in committee to actually consider amendments proposed by the opposition to try to improve the bills, the Conservatives insist on meeting in camera and systematically oppose any idea that comes from the opposition, even if that idea was shared time and time again by various subject matter experts, groups and Canadians who expressed their views to members from all parties.

The NDP believes it is important to take the time to publicly propose in the House the amendments we would like to see made to Bill C-17 in order to correct the flaws that still exist in this bill. No bill is perfect when it is sent to committee after second reading in the House. I have been here for three years and I have never seen a perfect bill come out of the House at second reading, and I am sure that other members who have been here longer have not either.

This is where we begin thinking about the bill and we take the time to debate it. Quite frankly, I find it unfortunate to hear my colleagues from the other parties saying that we are wasting our time, that we should send the bill to committee and that we should trust the committee members who will examine it. I would like to have such blind trust in the government, which holds a majority on every committee, but to date, I have seen virtually no evidence of its good faith.

Unfortunately for the Conservatives, it is our responsibility to take the time to discuss the bill in the House at second reading. it contains some good elements. We in the NDP know full well that we will not be able to come to a perfect result in the debates here at second reading. It will be very difficult to achieve that result in committee, but we still have some ideas to put forward that were raised on a number of occasions by experts whom we consulted and who provided their opinions on the matter.

As some of my colleagues have mentioned, Bill C-17 deals with a very important issue, namely drug safety. The changes that will be made to the current legislation are long-awaited. So this is a good first step in the right direction. The bill before us today would allow the government to require the recall of drugs or to order distributors to take corrective action in respect of their products. It would also allow the Minister of Health to order a manufacturer or importer to modify the label on a product in order to provide the most current information possible on side effects and health risks associated with the drug in question.

Bill C-17 would also allow the Minister of Health to order that a drug be tested and the results sent to the minister, and to require manufacturers to update the information available in Canada about any health risks associated with their products, even if those risks have been identified outside Canada.

While information is available in other countries, and while scientists have conducted research and there are documented cases of problems caused by taking certain drugs or by drug interactions, this literature is not distributed in Canada. Therefore, Canadians have to do their own research if they want to be informed. This appalling situation is frankly incomprehensible. This is one of the most important improvements that must be made to the bill as presented to us today.

We in the NDP are pleased to see that the government has finally listened to the pleas of doctors, health professionals, and representatives from the area and from the NDP. Our health critic, the hon. member for Vancouver East has been questioning the government for a very long time. She has been putting pressure on the government to finally take steps to correct the shortcomings in the current bill.

We are pleased to see a result, and we support the bill at second reading. We want the bill to go to committee so that it can be studied in greater detail and so that the necessary amendments can be made.

However, we believe that the bill still does not go far enough. There are still a lot of flaws. Every year, 150,000 Canadians suffer serious reactions after taking prescription drugs. That is a significant number, and these people still do not have access to all the information they need and do not have all the means they might have to protect themselves. Among these 150,000 Canadians, seniors are five times more likely than the rest of the population to be hospitalized as a result of an adverse drug reaction.

According to a 2013 study by the Canadian Institute for Health Information, one in 200 seniors was hospitalized as a result of an adverse drug reaction, compared to one in 1,000 for the rest of the Canadian population.

Before I became an MP, I spent some time as an information officer for the Régie de l'assurance maladie du Québec. I regularly answered questions from people, mainly over the phone. We had to explain how Quebec's public health insurance plan and public drug insurance plan worked. The NDP would like to see such a plan implemented Canada-wide. However, that is a topic for another debate.

I also regularly spoke to seniors who called in for information on the price of medications or on how the public drug insurance plan worked. They also had a lot of questions about the drugs they were taking. I did not have the ability to answer them, since I am not a pharmacist or health care professional. However, I could see that our seniors were distressed because, over the years, they had been prescribed more and more drugs for various reasons and they did not always have the information they needed. Furthermore, the information on labels is rather complex and not necessarily very clear. When someone is taking 6, 8 or 10 drugs at the same time for various health problems, it is very important for that person to have access to clear, accurate, up-to-date information, regardless of the source. Whether the information is from an international source or the research was conducted in Canada, it should be provided to Canadians. We hope to see that happen soon.

In my riding of Portneuf—Jacques-Cartier, the population is aging. I am concerned about how the lack of up-to-date information is affecting people at present. I am truly worried about how this could affect the health of the seniors I represent and the general population.

The NDP has called for various amendments that we would like to see made to Bill C-17. First, we would like to ensure that best practices for prescribing drugs are adopted by physicians. We want to ensure that Canadians are prescribed the most appropriate drugs in appropriate quantities.

We are hearing more and more about overmedication, whether of our seniors or our veterans who need psychological or physical help and who are prescribed many drugs that are more or less effective. The vast majority of our population could benefit from major enhancements to drug safety.

The NDP would also like to see public disclosure of the results of clinical trials, which does not currently happen. This information will be held by Health Canada, but will not be available to the general public. Canadians do not have the right tools to determine the possible effects of different medications on themselves and on their health.

Unfortunately, I do not have enough time to speak about the various improvements that the NDP would like to make to Bill C-17. I will simply mention once again that we are very proud to support the bill at second reading stage. However, we hope that the work in committee will be done in good faith and that we will truly be able to focus on Canadians' health and safety and enact the best possible bill to protect our citizens.

[Jasbir Sandhu, NDP, Surrey North, BC]

Mr. Speaker, I will be splitting my time with the member for Portneuf—Jacques-Cartier.

It is a pleasure to rise today on behalf of my constituents of Surrey North to speak to Bill C-17. Before I do, I would like to say that I had a chance to attend a graduation ceremony last night at Queen Elizabeth Secondary School where 310 young people graduated. I want to congratulate them and their parents for a job well done. It just so happens that Queen Elizabeth is my former school. I graduated from there many years ago. I took the red eye so I could speak to this important bill this afternoon.

Bill C-17 is a step in the right direction toward tackling a far-reaching problem. After years of pressure from the NDP, health care practitioners, and health care organizations, I am glad to see that the government is finally taking action to address many issues related to drug safety. However, while the bill is a definite step in the right direction, it does not go far enough in addressing some of the key gaps in Canadian drug safety legislation.

I am sure that all of my colleagues in the House would agree that all Canadians deserve to have the information they need to make informed decisions about their health care. Furthermore, I am sure we can all agree that all Canadians expect their health care providers to have all the information necessary to make the best decisions possible about the care they are providing, including information related to the medications they are prescribing. In reality, Canadians and their health care providers are being left in the dark when it comes to important decisions related to their health care. I can provide numerous examples for the House.

In 2011, the Auditor General warned that consumers were not receiving safety warnings about pharmaceutical drugs fast enough, because Health Canada is slow to act on potential issues it identifies. People sometimes have to wait more than two years before Health Canada completes a drug safety review of a product already on the market and before it provides updated information on the risks. This is a backwards process. Canadians deserve to have full information about pharmaceuticals before they make the choice to use them. One of the most basic principles we teach our children is to think before they act. The process Health Canada follows right now seems to encourage the exact opposite of that: use a pharmaceutical first and think about the potential consequences or side-effects later. This needs to change.

It is an unacceptable statistic that most risks associated with prescription drugs are identified after they are introduced to consumers. Almost one-fifth of new active substances approved by Health Canada between 1995 to 2010 were later given serious safety warnings. This further illustrates the backwards process currently being followed.

If that does not provide enough proof that drug safety legislation needs to be urgently strengthened, then let us look at the major drug safety incidents we witnessed in 2013.

How about the diluted chemotherapy drugs given to over 1,200 patients in Ontario and New Brunswick? How about the recall of the birth control pill Alysena 28? It took a full week before this recall was issued, and in the meantime, many Canadian women were exposed to unwanted pregnancies. If that is not enough, five other popular birth control pills were recalled and had serious safety warnings issued about them. The list goes on, but I think members are beginning to see a pattern here.

Canadians deserve better. They deserve to be presented with the full information they need to make informed decisions about their health. They should be able to trust that they will be protected from drugs that would put their well-being at risk.

It is for all these reasons that I, along with my colleagues, am glad to see this bill. Bill C-17 is a good step toward the comprehensive drug safety plan Canada so badly needs. Canadians should have assurance that their medications are safe for use, and they should have access to plain-language information on why their medications are safe.

Bill C-17, in its current form, would allow the government to recall drugs or order the distributor to take corrective action to remedy a problem with a drug. It is a scary thought that up until now, Canada has not had mandatory recalls for drugs. This means that even if a drug posed serious health risks to Canadians, the government could not force the manufacturer to remove it from the Canadian market. This aspect of the bill would give the government the power to protect Canadians when drug safety issues arise.

Bill C-17 would also give the Minister of Health the power to order a manufacturer or importer to modify the label of a drug to update the side effects or health risks associated with it. It would also require manufacturers to update Canadian information about the risks associated with a drug, even if the safety risks were discovered in another country. These are all important steps on the road to ensuring that Canadians have as much information as possible about the drugs they are about to use.

However, while we on this side of the House support the legislation, there is still more that needs to be done to improve drug safety in our country. This legislation still leaves many gaps that must be addressed.

For example, although Bill C-17 would improve labeling, it would not set up better communications systems between doctors, pharmacists, and patients for communicating and reporting risks. Likewise it would not increase access to public information about drug trials, additional drug testing, and why medications are or are not considered safe. While it would include provisions regarding reporting adverse drug reactions, there is no mention of a follow-up by Health Canada to these reports.

There are more steps that need to be taken and more issues that need to be addressed to create the comprehensive drug safety plan that is needed in our country. Comprehensive drug safety legislation should include optimal prescribing practices to ensure that drugs are used only when medically necessary and for the correct reasons and that negative side effects and drug interactions are avoided as much as possible.

Canadians also deserve access to clinical trial results. The reporting of all trial results, both good and bad, would lead to better-informed health care decisions. Although since 2007 Health Canada has encouraged clinical trial sponsors to make their data available, it has no authority to compel this transparency, which is a vital component of a comprehensive approach to drug safety.

I am glad to see this critical step toward improving drug safety being taken. Bill C-17 has the potential to benefit all Canadians in a concrete way and to especially benefit vulnerable populations, such as children and seniors. The bill, in its current form, lays the groundwork for even more concrete measures to be taken to strengthen our drug safety legislation. It is my sincere hope that the government will carefully consider amendments that my colleagues will be proposing at committee that will strengthen the bill.

I would like to talk about that a little bit. We have seen over the last two or three years that the government has brought in legislation that has gone to committee stage. We have seen over and over that the opposition has made concrete, valid amendments. Unfortunately, the Conservatives do not seem to want to take any sort of advice, either from the opposition or from experts who have testified before the committees. I would urge the Conservatives to take into consideration amendments that will be offered at the committee stage to further improve this very important measure.

[Francis Scarpaleggia, Liberal, Lac-Saint-Louis, QC]

Mr. Speaker, I take special interest in federal policies, legislation, and the regulations that govern the pharmaceutical sector. The western part of Montreal, a great part of which falls in the riding of Lac-Saint-Louis, includes many brand-name pharmaceutical companies and medical equipment suppliers that together employ a great many of my constituents. As a result, I am fortunate to be regularly kept apprised of issues impacting this industry. Constituents also contact me to share their concerns about matters like the cost of drugs and drug safety.

Liberals support sending Bill C-17 to the health committee for review and improvement. Whether the government agrees to important amendments at committee will signal whether it truly takes the safety of Canadians with respect to pharmaceutical products seriously.

Incidentally, I applaud the member for Oakville who has been relentless in pressing for enhanced drug safety in Canada. I have been witness to his interventions at health committee and can attest to his tenacity and expertise on the issue.

Bill C-17 however is a delayed response to an issue that has demanded our focused attention going back to the very beginning of the Conservative government's mandate.

A key pillar in the national pharmaceutical strategy launched in 2004 was “Strengthening evaluation of real-world drug safety and effectiveness” to strengthen surveillance of prescription drugs.

An earlier attempt to address the issue, Bill C-51, languished on the order paper when the government, violating its own fixed date election law, triggered the 2008 election. That was six years ago. Canadians would like to know what has taken the government so long to address such a vital issue.

Let me get to the bill. What would Bill C-17 do? The bill applies to prescription and over-the-counter drugs, vaccines, gene therapies, and medical devices. The main features of Bill C-17 are as follows:

First, the bill would require mandatory reporting by health care institutions, presumably meaning hospitals, of adverse drug reactions in patients so that the government may know whether to re-evaluate a drug's safety.

Second, the bill would empower the government to order recalls of unsafe drugs without first entertaining representations from the manufacturer or being obliged to negotiate the recall with the manufacturer, provided the Minister of Health “believes that a therapeutic product presents a serious or imminent risk of injury to health...”. Astonishingly, the government does not already possess this authority when it comes to therapeutic products like drugs. On the other hand, the federal government currently has the power to recall bad toys, tools, cleaning supplies, clothing, and food, something it does with varying degrees of efficiency, but not unsafe drugs. Currently, drug recalls are at the discretion of the manufacturers and distributors. This is hard to believe but true.

Third, not only would Bill C-17 give the government the power to recall drugs, it would create stronger penalties for the marketing of unsafe pharmaceutical products, including jail time and new fines of up to $5 million per day instead of the current $5,000.

Fourth, the bill would authorize the Minister of Health to order a person to provide the minister with any information in the person's control regarding a therapeutic product that the minister believes “may present a serious risk of injury to human health” and that “the Minister believes is necessary to determine whether the product presents such a risk”.

Fifth, the bill would also authorize the Minister of Health to require label or packaging changes if the minister “believes that doing so is necessary to prevent injury to health...”.

Finally, the bill would allow the minister to order therapeutic authorization holders to conduct assessments and provide the results to the minister and in order to improve understanding about a product's effects on health and safety, compile information, conduct studies and tests, or monitor experience regarding a therapeutic product.

The bill is seen to have some important loopholes that compromise its ultimate effectiveness.

First, the definition of “therapeutic product” does not include a natural health product within the meaning of the National Health Products Regulations.

Furthermore, stakeholders are concerned about what constitutes a “prescribed health care institution” under the bill. Does this definition only mean hospitals or does it include clinics and doctors in family practice?

Also, the bill raises the real-life distinction between sellers of therapeutic products and holders of drug authorizations, underscoring the fact that in the complex modern marketplace, they may be different entities.

Incidentally, a therapeutic product authorization is:

....the authorization that permits the import, sale, advertisement, manufacture, preparation, preservation, packaging, labelling, storing and testing of a therapeutic product.

As an example of the distinction, and to quote an article in the Canadian Medical Association Journal:

...the company holding the market authorization may...license distribution to another company.

An historic example shows us why the distinction is significant and why there is a need for the bill to cover both sellers and those with authorization. When, in the 1960s, thalidomide was suspected of being harmful, manufacturers eventually withdrew the drug after some negotiation with Health Canada, the kind of negotiation this bill would presumably no longer require. However, free samples, the primary form of the drug's distribution, were still sitting in doctors' offices across the country. Health Canada did not have the legal authority to control or contain this problem.

The power the bill gives to the minister to recall or suspend drugs appears limited to sellers only. According to the CMA Journal, the health minister:

...should be explicitly empowered to issue suspensions and recalls to both types of “persons”.

Another issue related to the question of the federal government's capacity to fully protect Canadians from unsafe drugs has to do with whether it has the financial and human resources to ensure that drugs important to Canada are manufactured under strict quality control standards, along with ensuring quality control in manufacturing facilities in Canada.

We know that the government has been cutting in areas related to environmental protection and health protection, whether at the Canadian Food Inspection Agency or Health Canada. For example, budget 2012 cut 275 positions from the health products division at Health Canada, the group responsible for monitoring the safety and efficacy of prescription drugs.

Constituents have spoken and written to me because they have been concerned about conditions abroad in plants that manufacture drugs, often generics. Their concerns have often followed news of recalls of drugs such as Ranbaxy's atorvastatin calcium, the generic version of Pfizer's Lipitor.

For example, a 20 milligram tablet was recently found in a sealed bottle marked for 10 milligram tablets of the drug, resulting in a 64,000 bottle recall. This situation followed another episode, where glass particles were found in other batches of this same generic Lipitor.

As a result of such incidents, the U.S. FDA has apparently increased its presence abroad with a view to auditing certain facilities. What is Health Canada doing? Does it have the resources, financial and human, to do anything? Is it working with the FDA?

Whether in the U.S. or Canada, we need drug monitoring systems that catch problems before unsafe products are in consumers' hands and bodies.

This bill is obviously a good step in the right direction, but we have to ensure that any loopholes that would compromise its efficacy are closed. This can be done at the health committee. We also have to ensure that the government, quite apart from this bill, commits the funding necessary to guarantee that we have a safe drug system in Canada. It obviously has to work with the FDA and other international partners in the process of doing so.

Again, I congratulate the member for Oakville for his assiduous efforts in this area. I look forward to seeing what happens to the bill in committee.

[Denis Blanchette, NDP, Louis-Hébert, QC]

Mr. Speaker, today, we are talking about Bill C-17, An Act to amend the Food and Drugs Act. My first comment is that it is about time.

Finally, society will be able to better protect people. Finally, the government will have the power to order drug recalls. Finally, the government will have the power to order manufacturers to change the drug labels to include the side effects of a drug. Finally, the government will be able to order the assessment of drugs. Finally, the government will be able to require manufacturers to keep the available information up to date. It is about time.

When profit hangs in the balance, I do not believe in voluntary approaches. Earlier, my colleague talked about the Walkerton tragedy. We could also talk about the XL Foods recall. There are also heartbreaking examples related to the train derailment in Lac-Mégantic last year.

Good health is the most precious asset of every member of the House and everyone watching. We even wish people good health at the beginning of a new year. That is why I believe that this bill is a step in the right direction. I believe that we must move forward with this bill, but that we must also examine it carefully.

Basically, the bill explains that better coordination is needed when it comes to health administration. That is why this bill is a step in the right direction. We need a broad view of health and a comprehensive approach to pharmaceuticals to serve human beings. That is what we need.

In my riding, there is a company that tests drugs . Not to name names, but it is called inVentiv Health Clinics. I have had the pleasure of visiting this company, which conducts clinical research. I learned about the importance of the clinical trials conducted by pharmaceutical companies. In this era of globalization, clinical trials are conducted throughout the world, including in Canada. The unfortunate part is that the rigour of these tests varies from company to company and from country to country.

Legislation such as this, which requires manufacturers to take more responsibility, may ensure that clinical trials are more rigorous. It may also bring contracts that are currently being awarded to foreign companies back to Canada. This would be advantageous for Canadian companies and could be a positive effect of the bill. We would therefore be able to provide higher drug assessment standards for Canadians, including during the clinical phase.

We also have to talk about production quality and the distribution chain for drugs. We cannot remain silent about how drug shortages are managed. We also have to talk about transparency. A number of my colleagues have talked about transparency and how important it is. More and more, the world of pharmaceuticals is unbelievably complex. The pharmaceutical industry faces major challenges in coming up with new medications to improve our health, our children's health and our neighbours' health. Managing that complexity is increasingly difficult. That is why doctors and pharmacists, the people we trust when we have health problems, must have at hand all possible information about the products they are prescribing.

They want the best for us, we want the best for ourselves, and everyone wants to be healthy. Given the complex environment of medications today, increased transparency of course will help the specialists to make the best decisions possible, which is what each and every one of us wants. Clearly, to get an overall picture of medications, we have to look at both sides of the coin.

Very briefly, I would like to talk about experimental treatments. A young mother in my constituency suffers from ovarian cancer that no longer responds to traditional treatment. As much as we want to protect all Canadians from side effects and from frankly obscure studies through this bill, we also want to help this mother of two in my constituency who wants access to experimental drugs that have not gone through all the clinical trials and all the testing. I mention this because I feel it is important for us to understand the degree of complexity the world of medications has reached today.

That is why I am pleased that we are discussing this bill. That is also why I feel that we need to take the time to debate it properly and consider it as a first step towards better use of medication in our society. That is also why I am speaking about the importance of a comprehensive examination of the use of medication. I do not think we should be looking at one aspect at a time in order to fix a minor problem and then moving on to try and coordinate all the various aspects. That usually does not work very well.

I am therefore asking the House to continue studying this bill, but to do so in a comprehensive way so that we can avoid making this a technical process when it should be a holistic one.

We want to look at the complexity of the issue, but to do that we need an overall plan. We need to be able to inform our specialists, but Canadians also need to know what they are getting themselves into when they are taking medication. Taking something for a headache is fine. However, sometimes even taking too much of a certain medication for a headache can have severe side effects.

We need to be able to give people the tools so that they can have an intelligent conversation with their specialist. That specialist must have relevant information and be able to recognize how various medications interact with one another. That is especially important for seniors. The more medications someone is taking, the more important it is to know how those medications interact.

That is why we think this is a step in the right direction. In committee, we will propose amendments that call for more transparency. We also want to see a better communication system between the various stakeholders so that each one of us and every professional has the tools required to make the best decision possible.