The second key concern regarding Bill C-368 is the negative impact on the precision regulatory powers that are in place to address serious risks related to NHPs. These powers also depend on NHPs being defined as “therapeutic products” in the Food and Drugs Act.
An example is, as we heard just now, the recent ministerial order for requirements regarding the sale of nicotine pouches and the risk to kids. The order requires that nicotine pouches be kept behind the counter in a pharmacy and not sold in convenience stores.
To provide another example, serious risks related to pseudoephedrine were addressed by the May 2024 interim ministerial order. However, it will expire.
To be clear, these are only examples of where the ministerial order may be required to address emerging serious risks related to NHPs. Precision regulatory powers are needed when risks arise after a product has been approved to be marketed for an intended purpose and the product is being used in ways other than was intended and approved. We can anticipate that other serious risks related to NHPs will arise in the future.
Health Canada must have the authorities to conduct the post-market regulatory activities that will identify serious risks with NHPs and be able to take timely action to address these risks when needed in urgent situations.
In conclusion, the Vanessa's Law authorities and the precision regulatory powers that we have highlighted today should remain in place. Bill C-368 would reverse regulatory changes that are needed to protect the health and safety of Canadians.
Thank you.