Madam Speaker, I am pleased to speak, literally, as the voice of the member for Vancouver Centre, who seems to be suffering from body betrayal today.
I would also like to thank the member for Sarnia—Lambton for introducing Bill C-313.
The fact that this bill has received support from all parties in the House this evening is a rare occurrence in this place. Miraculously, the bill was also allowed to be improved upon in committee, which is also a little bit rare in this place these days.
Initially, the bill aimed to classify non-corrective contact lenses according to subrule 2(1) of part 1 of schedule I of the Medical Devices Regulations, which states:
Subject to subrules (2) to (4), all invasive devices that penetrate the body through a body orifice or that come into contact with the surface of the eye are classified as Class II.
A class II medical device is a low risk device, including contact lenses, pregnancy tests, ultrasound scanners, endoscopes, et cetera. Manufacturers require a Health Canada licence before selling or advertising Class II devices. Annual licence renewals are required.
Health Canada noted in committee that because these non-corrective contact lenses have no therapeutic benefits nor aim to correct vision, it would be best to classify this as a device under the Food and Drugs Act as opposed to a medical device. It is important to note that manufacturers of non-corrective contact lenses will not have evidence of nor will they be required to attest to the effectiveness of these products as they have no role in correcting vision. By making this change to a device, regulations under the FDA would apply and the committee, therefore, passed this amendment. By adding non-corrective contact lenses as a device under the Food and Drugs Act, we can ensure greater safety in the manufacturing and sales of these decorative contact lenses.
In November 2005, the United States declared all contact lenses, corrective and non-corrective, as medical devices requiring a prescription.
The United States food and drug administration states:
Without a valid prescription, fitting, supervision, or regular check-ups by a qualified eye care professional, decorative contact lenses, like all contact lenses, can cause a variety of serious injuries or conditions. For example, lens wear has been associated with corneal ulcer, which can lead rapidly to internal ocular infection if left untreated. Uncontrolled infection can cause corneal scarring, which can lead to vision impairment, and in extreme cases, blindness or the loss of an eye. Other risks include conjunctivitis; corneal edema (swelling); allergic reaction; abrasion from poor lens fit; reduction in visual acuity, contrast sensitivity, and other visual complications that can interfere with driving and other activities.
A motion calling for non-corrective contact lenses to be classified as a medical device was unanimously passed in the House of Commons, as the member has stated, in March 2008.
Non-corrective contact lenses designed to change the appearance or colour of one's eyes should be listed as a device in order to protect consumers. Placing a contact lens on the surface of the eye that does not fit properly or is poorly manufactured can lead to many health concerns as was identified by the U.S. FDA.
The Liberals support evidence-based policy and recognize that this measure has been advocated for in the U.S. by groups such as the American Academy of Ophthalmology, the American Optometric Association, the Contact Lens Association of Ophthalmologists, Prevent Blindness America and the Contact Lens Institute. It is also supported by the Canadian Association of Optometrists, which has called on parliamentarians to “enact it with haste”.
Bill C-313 was amended in committee to remove the word “cosmetic” as this is defined elsewhere in the Food and Drugs Act and should not be applied to a medical device. It was amended to remove “Class II medical device” because all class II devices have to show proof of effectiveness and non-corrective contact lenses are not meant to be effective.
It was further amended to provide for the coming into force on a date specified by the Governor in Council.
Bill C-313 was supported by all witnesses at the health committee and all members passed this bill.
We congratulate the member for Sarnia--Lambton for this important initiative. We, too, think it has taken a very long time and look forward to its passage in this place.