Bill C-368

An Act to amend the Food and Drugs Act (natural health products)

This enactment amends the Food and Drugs Act to provide that certain natural health products are not therapeutic products within the meaning of that Act and therefore not subject to the same monitoring regime as other drugs.

Reference to Standing Committee on Procedure and House Affairs

[Blaine Calkins, Conservative, Red Deer—Lacombe, AB]

Madam Speaker, it is too bad the hecklers were not listening.

Corruption and decay go hand in hand. As such, when we say that everything feels broken, we say it because we mean it. The country is in decay, and the government's rotten influence is running rampant, spoiling every single thing it touches, including even those programs and services for which there is consensus in all corners of the House. The consensus regarding immigration is another great example of something that this Prime Minister has now destroyed.

My colleague, the member for South Shore—St. Margarets, said in one of his speeches that this is corruption like we have never seen in Canada. I believe that he is correct in his assessment of the situation, with one exception: There is probably one other prime minister who could rival the current profligate spending and graft, and that is the Prime Minister's father. It seems like every time we have a prime minister with that last name, the country ends up on edge. This Liberal rot extends far beyond the SDTC. It now touches every facet of Canadian society and its institutions.

Members can take the natural health product industry, for instance, and I will tie that in. The government took a world-leading regulatory regime, implemented by the previous Harper government, and ripped it up as if it meant nothing. It did not bother to consult with the industry, either. That would have obviously been beneath it. Instead of continuing with the existing framework, the government, led by the inept Minister of Health, decided to move natural health products into the same regime as therapeutic drugs, contrary to previous parliamentary studies and general consensus that vitamins and supplements are not the same things as doctor-prescribed medications. These changes would devastate the natural health product industry. The IADSA, the International Alliance of Dietary Food Supplement Associations, had this to say about the changes that are being proposed by the current government here in Canada:

We are writing today to express our concerns about the regulatory changes being proposed in Canada, which, if implemented, could impact not only the competitive position of the dietary supplement industry within your country but also Canada's position as a global reference point in this area.

Up to now, Canada has been a world leader in the regulation of dietary supplements. We fear that the proposed changes to Canada’s regulatory framework for natural health products risk creating an environment that could stifle the industry and limit Canadians' access to high-quality supplements.

IADSA has always promoted the Canadian model as a global reference point for governments across the world who are creating or redeveloping their regulatory systems. This Canadian model is recognized as providing consumers access to products which are safe and beneficial while fostering innovation and supporting investment in the sector.

Those are probably the most glowing words we could hear from an international organization, touting the regime created by the Harper administration for natural health products as being the gold standard against which every other country is measured. Now it is writing to our committee and to members of Parliament saying that if we pursue the current agenda of the Liberal government, with the support of the NDP, through Bill C-47 and the self-care framework that the regulatory framework entails, we will actually destroy the gold standard, the gold star, the institution that the rest of the world should be modelling itself after and designing itself after.

As a response to the illogical and unwarranted attack on the natural health product industry, I did introduce my private member's bill, Bill C-368, to bring the industry back to the old regulatory regime, yet the government is not done with its attacks. Let me explain to the people at home why an election is so important.

In early spring, the government plans to implement its cost recovery framework through the gazetting process. Bill C-368 may have passed second reading in this place and it may have passed the committee stage, but it is yet to be debated at third reading in the House and passed. It would then have to go to the Senate to go through that same set of steps and processes all over again, all before the next election.

Given that the timeline is probably getting to be fairly unlikely, the government is still free, then, and still has the old legislation it passed in Bill C-47 and Bill C-69, to pursue the regulatory environment to implement the self-care framework. This is a self-funding model that is behind the changes to begin with.

It is a tax grab on the industry to get the people in the small and medium-sized mom-and-pop shops, which are small businesses that create, innovate and develop all the supplements, such as vitamins, protein powders and things of this nature, under the same cost recovery framework that companies like Pfizer or Purdue Pharma would have to actually be under. Nobody in the industry has this kind of money. It is a death sentence for the natural health product industry.

Every day that the government has care and control of the Governor in Council, the ability to pass regulatory changes, it is still allowed, notwithstanding Bill C-368, to pursue this framework. The Minister of Health has said very clearly that he is hell-bent on destroying this institution as well. The government will implement the self-care framework.

For the Canadians who are watching, this is very important. There are two parties so far in the House that have voted non-confidence in the government so we could have an election. An election would kill the ability of the government to pursue the regulatory change to the natural health product industry. It would not be able to gazette anything during an election. At the outcome of the next election, hopefully there is a government that will cease destroying the natural health product industry in Canada.

This is why it is very important that the one party that continues to support the government be held accountable. It is continuing to support the government, even though it may have supported my bill in some bizarre manners. I might add that a member on the health committee actually tried to move a wrecking motion to destroy the bill at committee. Luckily he was granted a time out, heard from tens of thousands of Canadians and changed his ways, and we managed to salvage Bill C-368 at committee.

However, every day that the New Democratic Party continues to prop up the government brings us one day closer to a gazetting process for the self-care framework, which will put the cost recovery model burden on the natural health product industry. That is what will destroy the innovation and growth and destroy the gold standard model that the IADSA says is the best one in the world. That is what is at stake.

We need an election, not just because of all of the other corruption but also because of all the bad ideas. I said that earlier in my speech. Never has there been such a collection of bad ideas, bad judgment and bad leadership in one human being as there is in the current Prime Minister.

I use this example because it is a microcosm of what is wrong with the government. The Liberals cannot work collaboratively anymore. They have no friends left. No one is defending them. I cannot imagine why they are staying the course, because nothing is getting passed in this place. It is only to pursue the regulatory power and authority that they still have that they are clutching on to government. Who is the enabler? It is the New Democratic Party.

One can only conclude that that is the true agenda, even though others might not say so publicly. There is no doubt in my mind that that is what is going on. For those who are watching, what is at risk for the natural health product industry if we do not have an election sooner rather than later is that another gold standard institution will be ruined by the incompetence of the government.

To get back to SDTC, the crux of the matter is document production. Without documents, how are we to hold the government accountable for anything? We in the Conservative Party have asked for documents numerous times, and not just in this particular example. We have asked for them constantly, in every committee.

I happen to be a member of the procedure and House affairs committee at this time. We have asked for document productions many times. We were denied access to documents that members of the media had access to during the foreign interference scandal, for example. Members of the media can see documents that I as an elected member of Parliament have never been able to see, because the Liberal government, propped up by the NDP, whether it is in the House or at committee, always denies Parliament getting access to unredacted documents. It does not matter what the issue is.

In this particular case, it just happens to be the documents surrounding Sustainable Development Technology Canada. If Canadians are wondering why we are making such a big fuss about it, it is because this is the line in the sand. It has been crossed so many times. It was even crossed in the previous Parliament to the point that an election was called to prevent documents for the Winnipeg labs from being tabled in this place. We had someone summoned to the bar, which I do not think had happened for 113 years, who refused to bring documents when he was here. He was admonished by the Speaker of this place.

Also, the government, so self-righteous in its determination to keep things secret, actually took the previous Speaker to court. Everybody knows courts have always said that Parliament is supreme in the matters of its own governance, but that did not stop the government from pursuing that matter, so desperate it was to hide what it had done and to keep it from Canadians.

Here we are at an impasse. We are several months into it, and there is only one political party in this place that does not want to turn over the documents. It is that of the government. All the other parties to date are allowing this debate to continue until the government does what it is supposed to do and what the Speaker has asked it to do. As the Speaker has said, “The House has the undoubted right to order the production of any and all documents from any entity or individual it deems necessary to carry out its duties.”

Some $400 million of taxpayers' money was inappropriately spent, and 186 conflicts of interest were identified by the Auditor General. This is taxpayers' money. This is a government program. If this is not a textbook case of documents that Parliament should be able to see, then, frankly, I do not know what else would be.

I will wrap up my comments by saying this. A number of us in this place tonight have been here for a long time. As I said at the beginning of my remarks, if I am not on my feet again by the time I return, I will have eclipsed the 19th anniversary of my first election to this place. I have never seen a House of Commons in this much disarray, and I have never seen a government that has lost complete and utter control of the finances of the country and of law and order on the streets. It has lost control of itself and the ability to follow the rules of this place. Shame on them.

Health

[Sean Casey, Liberal, Charlottetown, PE]

Mr. Speaker, I have the honour to present, in both official languages, the 22nd report of the Standing Committee on Health in relation to Bill C‑368, An Act to amend the Food and Drugs Act (natural health products).

The committee has decided to report the bill back to the House with amendments.

Report Stage

[Blaine Calkins, Conservative, Red Deer—Lacombe, AB]

Madam Speaker, it is my pleasure to rise today to debate Bill C-69.

Here we are again. Another year, another NDP-Liberal budget, and every budget it seems is worse than the one before. This year's iteration of the budget is falsely titled “Fairness for Every Generation”. The title is ironic because, after nine years of the government, virtually every generation in the country is worse off. In fact, I cannot think of a single demographic, other than the Liberal insiders, that is better off in nine years.

Our youth can only dream of affording a home after the government has allowed a housing shortfall. According to the Parliamentary Budget Officer, we would need to build 1.3 million homes to close the housing gap. Both renters and homeowners are struggling to pay their bills after the cost of housing has been allowed to double under the leadership of the Prime Minister.

Our seniors are seeing their pensions ravaged by inflation. Not that long ago, it used to be that their old age security, CPP and whatever other savings they might have could see them through on a monthly basis. That is no longer the case. The government has directly driven up that inflation, making life unaffordable by continuing to overspend. By piling on another $61 billion of new spending this year, piling on to our already enormous debt, it has proven that it does not plan on changing course any time soon.

Parents are struggling with affordability, and it is now difficult for many families to feed their children. We are seeing yearly inflation rates for many food products in the double digits, while a record two million Canadians had to use a food bank in a single month last year, which is incredible.

Let us not forget the pesky carbon tax that compounds through the economy, costing over $30 billion of economic activity, as recently highlighted by the Parliamentary Budget Officer. Therefore, not only is it costing us every time we make a purchase, but it is costing our economy $30 billion in output. After nine years of the government creating intergenerational poverty, that would be a more apt name for this budget.

We know things are bad for the government when former Liberal Bank of Canada governor David Dodge has called it the worst budget since 1982, when the current Prime Minister's father was the prime minister. Like father, like son, as they say.

Instead of cutting back spending, the government has continued to be irresponsible and is spending money that Canadians no longer have. This has forced the Bank of Canada to raise interest rates. The cost to service the debt is now $54.1 billion. One must wonder what $54.1 billion could have been spent on instead of servicing the debt.

Like many Liberal bills, the budget has been turned into an omnibus bill to push forward strange and unusual requests that have little to do with budgets or measures, that are so controversial that if tabled on their own would not likely get the support of this chamber.

This year's boondoggle is the new tax on capital gains, a direct attack on business owners. It is only after the Conservatives pushed back that the government relented and put the capital gains changes into a separate bill. I chalk this up to pure incompetence, as the government continues to wedge, stigmatize and divide Canadians, and has open class warfare in our tax system.

The government claims that this change will bring fairness into the tax system essentially to target the richest 0.13%. Nothing could be further from the truth. What it conveniently ignores is how this tax will likely impact, and only impact, middle-class Canadians. This includes tradesmen, farmers who are worried about the succession of their family farms and small business owners who worry that it may not be worth growing their businesses in Canada anymore after these changes. The immigration stats are proving this to be true.

This would not be the typical 1%, but in fact would not be any of the 1% at all. Rather, they are our neighbours, friends and family members, the people who put food on our table and build our homes, and those industrious small business owners who employ people in our local communities and, meanwhile, sponsor the T-shirts for our kids' soccer teams.

I would also like to focus the attention of members on another underhanded change in the budget implementation act, and that is the newest changes to the Food and Drugs Act. The NDP vacated its role as an opposition party in March 2022, and instead of holding the government to account, its members have decided to help ease the passage of budget Bill C-47, which was the budget implementation act of 2023.

The ghastly bill was a direct attack on Canada's natural health product industry, one of the safest and best regulated industries on Planet Earth. These changes came as part of a push to radically change Health Canada's regulatory framework. Health Canada claimed that the changes were necessary to safeguard public health, but we simply know, with all the powers that it has, that this simply is not true.

The major alteration to the act was to change the definition of a therapeutic product to include natural health products. A therapeutic product is essentially a synthetic drug and it has little in common with food, which is the closest commonality that natural health products actually have. This would essentially put natural health products in the same regulatory framework as pharmaceutical drugs. It would also force the industry to pay for Health Canada's costly bureaucratic overhead with expensive new licensing fees and fines.

Essentially, by putting a self-funding model in place, what the government would be doing is just taxing the industry with that self-funding regulatory model so that it could free up the $50 million a year, which it already uses to manage the natural health product space, and use that money on some other misguided priority of the government.

Previously, natural health products were exempt from much of the regulations in the Food and Drugs Act, as a common understanding is that natural health products are a much lower risk to one's health than a pharmaceutical drug. That is why I introduced my private member's Bill C-368 to repeal these changes to the Food and Drugs Act and return to the status quo, maintaining the distinction between natural health products and therapeutic products.

However, if my private member's bill fails to pass, this new budget may also have a big impact on the natural health products industry. That is because division 31 of part 4 of this new budget implementation bill has introduced new ministerial powers pertaining to therapeutic products. Once again, it would be another change to the Food and Drugs Act and Health Canada. Instead of putting it in its own bill, it is tucked into part of an omnibus budget implementation act.

The most concerning of these changes is to allow the minister to make unilateral changes on therapeutic products without any basis in science demonstrating risk. Proposed subsection 30.01(1) of the bill states:

Subject to any regulations made under paragraph 30(1)‍(j.‍1) and if the Minister believes on reasonable grounds that the use of a therapeutic product, other than the intended use, may present a risk of injury to health, the Minister may, by order, establish rules in respect of the importation, sale, conditions of sale, advertising, manufacture, preparation, preservation, packaging, labelling, storage or testing of the therapeutic product for the purpose of preventing, managing or controlling the risk of injury to health.

That might seem innocuous, however, proposed subsection 30.01(3) states, “The Minister may make the order despite any uncertainty respecting the risk of injury to health that the use of the therapeutic product, other than the intended use, may present.” It states “despite any uncertainty”, so there would be no scientific rationale needed anymore, if the bill passes, for the minister to pull any product he or she wants off of the shelf. That is uncontrolled power. The powers that would be given to the ministers are concerning, but what is even more concerning is the combined effect of both budgets on our homegrown natural health product industry. The effect would be catastrophic. Not only is the industry reeling from the changes in the last budget implementation bill, but this one has introduced the element of arbitrary power in the hands of the minister.

There is little worse in business than uncertainty, and natural health products are only a small part of what is wrong with this bill and with industries across Canada. Small businesses are closing across our country, and yet, instead of supporting our entrepreneurs, the government uses every budget it has to target them.

We need a budget that empowers small business owners instead of penalizing them. In essence, I say not to buy into the budget title. If the last eight budgets from the Prime Minister are any indication, fairness for every generation is simply a pipe dream. As Winston Churchill once noted, “The inherent virtue of Socialism is the equal sharing of miseries.” If by promoting fairness, the government means promoting intergenerational poverty, then in its own way, I guess it is fair, but absolutely nobody is better off.

Only the Conservatives can restore Canada's fiscal house to order. Instead of saddling Canadian families, tradesmen, small enterprise operators and entrepreneurs with ever-growing regulation and taxation, we would axe the tax, build the homes, fix the budget and stop the crime. Canada has a vast and untapped economic potential and it is time for a Conservative government to unleash that potential.

Natural Health Products

[Cheryl Gallant, Conservative, Renfrew—Nipissing—Pembroke, ON]

Mr. Speaker, I am pleased to present a petition signed by the people of Pickering—Uxbridge, of Whitby and of the Liberal Minister of Health's riding of Ajax. They call on the House of Commons to immediately pass Bill C-368 and repeal the new regulatory constraints on natural health products passed last year that millions of Canadians rely upon that has since affected medical freedom of choice and affordability.

“Boo hoo, get over it” just does not cut it.

Second reading

[Blaine Calkins, Conservative, Red Deer—Lacombe, AB]

Madam Speaker, there is a joke going around that says, “It's not knowing that a politician can be bought; it's knowing how little they'll let themselves go for.” For a member of the NDP caucus right now thinking that this is the misery they are suffering in the polls, the misery they are suffering nationwide, which is the same misery Canadians are suffering, this is all they managed to get out of the supply and confidence arrangement with the government today.

It is not a pharmacare program. Health care is actually a provincial jurisdiction. It should be delivered by the provinces. The bill would simply be adding contraceptives and some diabetes measures into it. I guess, on the surface of it, that is a good thing, but to the tune of $1.5 billion. If viewers watching at home actually believe this is all it is going to cost them, I will remind them that the government bought a $7 billion pipeline and built it for about $40 billion. Therefore, if history is any predictor of the future when it comes to what things cost under a Liberal-NDP coalition, then they should be looking at least to that example if not more.

To us, as Conservatives, the issue is one of provincial jurisdiction. I come from Alberta, and this is a very important issue to our province and to our premier. This is just another intrusion into provincial jurisdiction. We think that, during these financial times, when Canadians are struggling to make ends meet, pouring more fuel on the inflationary fire is certainly not going to help. It is another financial albatross in the making, which Canadians cannot afford and are not willing to pay for.

It is not just me saying this, and it is not just Conservatives saying this. John Ivison eloquently stated in a piece that he published back on February 29, when the bill or this notion first came out, that this is “the woebegone child of a loveless Liberal-NDP marriage.” This is basically what we are dealing with.

It has become clear to me that the bill before us is basically the cost of keeping the NDP support for this Parliament under supply and confidence, and the coalition partners can take this until October 2025. It was supposed to be October 20, but it is going to be extended by another week to make sure that certain people here get the financial benefits they think they are entitled to. However, it just goes to show that there is only one serious opposition in the House, and that is the Conservative Party.

The NDP is not an opposition party but a willing accomplice to everything that the Liberal government has in its agenda. Its members have been witting partners in creating a massive inflationary deficit; setting restrictive policies towards, for example, lawful gun owners and natural health products, which they signed up for two years ago without even knowing they were going to vote in favour of that in Bill C-47 last year; impeding upon provincial jurisdiction time and time again, which is, of course, front and centre with this piece of legislation; continuing to cover up for the government's scandals, covering for it at committee and also here in the House of Commons; introducing soft-on-crime legislation or supporting that soft-on-crime legislation, which has turned our justice system into a revolving door; sending Canadians to food banks en masse, at a couple of million visitors, which is up over 300%; allowing housing prices to skyrocket; and neglecting our military to the point where our soldiers are basically relying on food donations while they are in Ottawa for training. I could continue, but I think members get the gist of what I am trying to say.

It is bad enough that NDP members backed budget after budget and shut down our work to hold the government to account at committee, but they are telling Canadians that they are doing their actual work as an opposition party. Well, they cannot have it both ways. They cannot be in opposition while they support everything that the government does. I do not buy it, and neither do Canadians.

A December 2023 Leger poll indicated that only 18% of Canadians listed the establishment of a national pharmacare program as a health care priority, and the promise was not included in the 2021 Liberal platform. Canadians did not vote for a party promising pharmacare, yet here we are, thanks to an NDP party that is keeping this weak and basically lame-duck government in office. It is no wonder that some provinces are already saying publicly that they are choosing to opt out.

Let it be known that the absence of the NDP as an opposition is also keenly felt in other areas. Just last year, as I was mentioning, the NDP-Liberal coalition passed Bill C-47.

I do not suppose anybody in the NDP was told, when they signed on to this supply and confidence agreement back in March 2022, that they would be asked to regulate natural health products in the same way as therapeutics, but they did it anyway. As a matter of fact, they made that commitment a year before the bill was passed, and it is going to basically shut down our supplements and natural health product industry when they are classified and rebranded as pharmaceutical drugs.

What did the New Democrats do when this came up for debate? They backed the budget instead of forcing the government to remove those four little clauses from Bill C-47, the budget implementation act. They had a chance. They could have flexed their muscles and said they were not going to support the budget implementation act unless the government removed them, but no such request was forthcoming, and the bill passed. It has caused unforeseen chaos in the natural health products and supplements industry across this country; consumers, of course, are rightly worried. In response, I had to table my own private member's bill, Bill C-368, to reverse these changes. This is just part and parcel.

New Democrats say one thing to Canadians but actually do another. Could anyone imagine such a thing as being the House leader of the NDP, for example, standing up and saying time and time again how much one does not like omnibus legislation, and yet gleefully passing Bill C-47. The NDP House leader has said this for the 18 years that he and I have been in the House together. However, he told the government that New Democrats would continue to pass every budget and every budget implementation act henceforth after March 2022. He cannot have it both ways. He cannot stand up and say New Democrats are going to hold the government to account while continuing to give it the keys to the house to do whatever it wants.

In the case of natural health product governance and regulations, New Democrats tell Canadians they are against omnibus legislation and that they are keeping the government accountable. However, as I said, they voted for Bill C-47, threw that industry into turmoil and then criticized me for giving them an off-ramp on the Bill C-368 debate last week. I was giving them a pathway to redemption, and all they could do was basically blame Stephen Harper for the mess that the country is in. I cannot even make this stuff up.

The most common questions I get from Canadians are these: When are we going to have an election? Who believes anything anybody in the NDP has to say anymore, when their actions are completely 180° opposite from what they say with their words?

It should also be highlighted that the bill was introduced with no public consultations whatsoever, which comes as no surprise to Conservatives. This piece of legislation has been pushed from a government with a terrible record on transparency. It is a government that regularly rushes massive changes with little regard for those people the changes may impact. It talks about the intended consequences, but it never fully understands the unintended consequences of the things it does, which is why we are in the mess we are in today.

The Conservative position on Bill C-64 is that the Liberals know this project is an expensive boondoggle. That is why they abandoned it in their 2019 election promise. Even former finance minister Bill Morneau noted in his book that a single-user system would cost an additional $15 billion a year. We cannot believe the $1.5 billion number, and that is why my colleagues here on the Conservative side and I will respect provincial jurisdiction and vote against this piece of legislation. We encourage New Democrats to change their ways before their party actually fades into oblivion forever.