Health Committee on Feb. 14th, 2012

[The Chair, Conservative, Joy Smith]

Thank you, Mr. Brown.

We'll go now to Dr. Sellah.

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

Thank you, Madam Chair.

I'd like to thank the witnesses for being here today to provide us with more information on these contact lenses, which serve more a cosmetic function than a corrective one.

I'd like to thank Mrs. Patricia Davidson. I know that she has previously sat on the Standing Committee on Health and that this issue is dear to her. I have nothing but support for her initiative. As I've already said in the House, I support her bill.

As a doctor, I'm well aware of the consequences that using these contact lenses can have. Even then, some corrective contact lenses caused problems, despite all the precautions we were able to take. I know that things have improved over time. I think that non-corrective contact lenses could really become a public health problem, given the generations that use them a lot now, as you mentioned.

The following question is of concern to me. We sounded the alarm on this matter a few years ago now. So how is that the government has done nothing so far and we're around this table today, discussing this problem, when the United States did so long before we did?

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

Thanks very much for the question, and thanks so much for your support. I certainly appreciate you speaking in favour of this bill in the House. It means a lot to get support from all parties, and particularly from those who are so knowledgeable about the health care system in general.

As I said in my remarks, this is an issue that Health Canada was prepared to act on in 2007 when I presented my private member's motion, which actually was going to do basically the same thing. It was going to be included in some legislation that hopefully would have been passed in the House, but because of the election in 2008, that legislation did not go forward. Rather than wait until the legislation was reintroduced, I decided that it would be more prudent for me to introduce this as a separate, private member's bill, and since my time was coming up on the roster, I was able to do that.

Health Canada definitely has, in the past, indicated a willingness to go forward with this, and it was just timing that actually prevented it.

[The Chair, Conservative, Joy Smith]

Thank you, Dr. Sellah.

Mr. Tilson, there's time for a couple of questions. We're going to stop right at ten o'clock.

Go ahead, Mr. Tilson.

[David Tilson, Conservative, Dufferin—Caledon, ON]

I think Mr. Boyer talked about regulations. I'm interested in the penalties. Who does that? What are the penalties and where are they? Are they in regulations?

[Don Boyer]

There are different forms—

[David Tilson, Conservative, Dufferin—Caledon, ON]

If someone violates this act—if it's passed, and it sounds like it's going to pass—what are the penalties and where are they?

[Don Boyer]

I can speak, although this is not my particular area of expertise with respect to compliance and enforcement. I'm more on the pre-market side, but I think I can address the question.

There are certain penalties that are contained within the medical devices regulations themselves. For example, if, after we have authorized the product through a licensing mechanism, we find out that the product is not safe or is causing problems and some action needs to occur, we do have the authority under the regulations to cancel or revoke the licence for the product so that no further sales can take place. All mandatory problems that occur with these products need to be reported to Health Canada.

I'm assuming you're talking about the most extreme cases where we have somebody who is blatantly disregarding the law or the regulations. There are provisions in the Food and Drugs Act for fines to be administered. It's usually the last step in a compliance and enforcement action. We typically start with education and progress from there.

[The Chair, Conservative, Joy Smith]

Thank you so much, Mr. Boyer.

We want to get on with the business of clause-by-clause. The bells are not the bells. It's just the beginning of session, so members can relax on that front.

I would ask that the witnesses just step back from the table, with our thanks for your presentation, and we will go into clause-by-clause.

Committee, we now have clause-by-clause, and I would ask that people be seated. If you want to carry on conversations, feel free to go right outside the door to do that. That would be great. Otherwise, you can be seated and listen to the clause-by-clause.

Thank you.

Okay, we're going to begin. We have, first of all, amendment G-1. Dr. Carrie, would you like to speak to that?

(On clause 1)

[Colin Carrie, Conservative, Oshawa, ON]

Thank you very much, Madam Chair.

First of all, I want to thank Mrs. Davidson and all the witnesses for being here and also my colleagues on the health committee for the support for this bill. I think everyone's in agreement that we'd like this bill to move forward.

We heard from Mr. Boyer about the necessity of tweaking it a little bit. The first amendment, as he stated, would replace lines 6 to 10 on page 1 with the following:

For the purposes of this Act, a non-corrective contact lens is deemed to be a device.

[The Chair, Conservative, Joy Smith]

Is there any discussion?

(Amendment agreed to)

(Clause 1 as amended agreed to)

(On clause 2—Coming into force)

Amendment G-2. Go ahead, Dr. Carrie.

[Colin Carrie, Conservative, Oshawa, ON]

Again, as we heard during the testimony, what we are suggesting, to avoid any confusion, is that Bill C-313 in clause 2 be amended by replacing lines 11 to 15 on page 1 with the following:

This Act comes into force on a day to be fixed by order of the Governor in Council.

[The Chair, Conservative, Joy Smith]

Thank you, Dr. Carrie.

Go ahead, Dr. Morin.

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

I don't necessarily understand the details, but I would like to know if it needs to be done as soon as possible, once the Governor in Council makes his decision.

[The Chair, Conservative, Joy Smith]

Dr. Carrie.

[Colin Carrie, Conservative, Oshawa, ON]

No. The way it's written in the original bill—

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

I was just wondering how it works when we refer it to the Governor in Council to decide the date.

[Colin Carrie, Conservative, Oshawa, ON]

It's just a convention.

[Sonya Norris, Committee Researcher]

It's a convention. That term is used in all legislation.

[The Chair, Conservative, Joy Smith]

This convention is just the way Parliament works. But thank you for the question, Dr. Morin.

(Amendment agreed to)

(Clause 2 as amended agreed to)

Now we are on amendment G-3. Dr. Carrie.

[Colin Carrie, Conservative, Oshawa, ON]

Thank you very much.

We are suggesting that Bill C-313 be amended by replacing the long title on page 1 with the following:

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

Basically, to avoid confusion, it removes the word “cosmetic”, because it's already defined in the act in another way.

[The Chair, Conservative, Joy Smith]

Thank you, Dr. Carrie.

(Amendment agreed to)

Shall the title as amended carry?

[Some hon. members]

Agreed.

[The Chair, Conservative, Joy Smith]

Shall the bill as amended carry?

[Some hon. members]

Agreed.