Madam Speaker, the issue of cross-border sales of Canadian drugs to American consumers is complex. Canada cannot be the drugstore of the United States. Neither American consumers nor Canadian suppliers should have any illusions otherwise.
I would like to thank the member for Mississauga—Streetsville for bringing this subject to the fore. It is a very important question. We can look at many ways to regulate it and at many ways to solve it. He is suggesting one which we discussed today. The important thing is that we understand the nature of the problem, the nature of the risk and that we deal with it effectively.
From the perspective of the Government of Canada, there are two key priorities in this matter: ensuring that drugs sold in Canada are safe and affordable; and, ensuring that we have a sufficient supply of prescription drugs to meet the needs of Canadians. The government is committed to working with its partners, including provincial and territorial health departments and regulatory authorities, health care professionals, industry and other stakeholders, to ensure this outcome for Canadians.
Before outlining some of my concerns with the bill, I will outline some principles that should frame our consideration of the bill.
First, it must address our fundamental priorities of safety and security of supply for Canadians.
Second, in this respect, the bill respects the roles and responsibilities of the provincial and territorial governments, which license and regulate doctors and pharmacists practising medicine and pharmacy through provincial colleges or registrars of physicians and pharmacists.
Third, it has to be implementable and enforceable. It also has to be consistent with Canada's trade obligations and be able to withstand any court challenge.
Fourth, it must respect the fundamental basis of the Food and Drugs Act and equivalent statutes in the United States and other countries, and that each country is responsible for the safety of prescription drugs and other therapeutic products made available to its citizens.
The Food and Drugs Act and its regulations ensure that drugs and other therapeutic products sold to Canadians are supported by sufficient evidence demonstrating their safety, efficacy and quality. For prescription drugs, the food and drug regulations require that they only be sold to a patient pursuant to a prescription that has been issued by a practitioner licensed to practise in a province or territory of Canada.
Fifth, existing tools at federal, provincial and territorial levels of government should be fully used before considering legislative options. In this regard, the Minister of Health wrote his provincial and territorial colleagues to reiterate the need for regulatory authorities for the practice of pharmacy and medicine and to remain vigilant in enforcing their standards of professional conduct.
Earlier this year, Health Canada inspected 11 Canadian pharmacies involved in Internet pharmacy operations, distance dispensing and cross-border drug trade, to ensure compliance with the Food and Drugs Act and related regulations, and it will conduct more compliance inspections early in 2005.
Finally, all the steps taken by the Government of Canada in the current assessment of the situation have to be taken into account.
So far, where supply is concerned, there does not appear to be any shortage on the Canadian side. Health Canada, in cooperation with other federal departments and the provincial and territorial governments, is looking at all the various options for addressing the issue, should the situation change.
I would like to speak to some of my concerns regarding Bill C-282 relative to these principles. Before I begin, however, it is important to highlight that the bill does not have the support of the Minister of Health, the Minister of State for Public Health nor the Minister of International Trade.
I should also point out that the Minister of Health is on record with respect to assessing options regarding how best to address concerns relating to the activities of Internet pharmacies. In this context I wish to point out that the Government of Canada is in the process of developing a list of potential regulatory options. This process will be completed in the very near future.
My specific concerns with the bill are the following. It proposes to enact an export permit scheme for prescription drugs to ensure the security of Canadian supplies, with which we agree. Under the proposed clause 38 of the Food and Drugs Act, the minister would be authorized to issue an export permit if: first, the drug meets the laws of the country of import; second, the export would not adversely affect drug supply in Canada; third, the export would not contravene the act or regulations; and fourth, the sale of export meets all provincial requirements for the practise of pharmacy and medicine.
The bill puts on Canada the burden of enforcing the laws of the U.S. and other countries respecting the importation of prescription drugs.
Implementing the export permit scheme outlined in the bill will be a major challenge. It would be both very expensive and difficult to administer and to use, and would require substantial human and financial resources.
This bill also has an impact on provincial and territorial jurisdictions by ensuring that export sales meet all provincial requirements regarding the practices of pharmacists and physicians.
Finally, it could be subjected to legal challenges and raise concerns pertaining to our trade obligations. The bill, as tabled, does not meet the outlined principles and therefore, the government cannot support the bill.
I want to reiterate that I think we all agree with the principles put forward and the importance of the questions discussed by the member for Mississauga--Streetsville. Regardless how the House decides on this legislation, we must never forget the importance of the matter. We must look at any solutions to any potential problems that might arise in this respect.