Mr. Speaker, I rise in this House to speak to the third and final reading of Bill C-307, An Act respecting bis(2-ethylhexyl)phthalate, benzyl butyl phthalate and dibutyl phthalate. I would like to thank the hon. member for Skeena—Bulkley Valley for presenting this to the House.
Although I am pleased to speak in favour of this legislative proposal, it is important to note that, in its original form, the bill was poorly drafted. The government worked hard and is presenting this bill to the House with considerable changes that strike an effective balance between public health and environmental and economic considerations. Our changes have produced a stronger and more practical bill that still achieves its purpose of protecting health, especially that of young children.
As we have heard today, Bill C-307 addresses a group of chemicals known as phthalates. These compounds are commonly used as plasticizers to enhance flexibility in plastics. Phthalates are used in a wide range of products from medical devices such as blood bags and intravenous tubing, to cosmetics such as nail polish, to soft vinyl toys. The phthalates covered by the legislative proposal are known by their acronyms BBP, DBP and DEHP.
During debate at second reading of Bill C-307, the government had concerns about the original bill. It would have banned these three substances from the Canadian market, which was a position we could not support for a number of reasons. First, the peer reviewed scientific evidence did not support such a drastic measure. The three substances were reviewed as to their impact on the environment and on health. The results show that a ban would be neither necessary nor viable, economically speaking. In fact, such a strategy would place an unnecessary burden on manufacturers and could result in significant costs to the consumer and the medical community.
As mentioned during the debate at second reading, studies conducted in accordance with the Canadian Environmental Protection Act of 1999 found that DBP, BBP and DEHP phthalates do not harm the environment. Specific studies of the impact of these three chemicals on health found that two of them, BBP and DBP, do not pose an excessive health risk. However, exposure to DEHP raises serious health concerns, particularly for children.
As my honourable colleague explained, measures were taken to protect the health of those most at risk, including children under the age of three. Canadian manufacturers voluntarily stopped using not only DEHP, but also all phthalates in products for babies that could be put into a child's mouth. Furthermore, Health Canada stated that DEHP is not currently being used in the production of cosmetics.
That being said, DEHP still has a number of important and necessary applications in Canada. For some products, such as medical and scientific devices, there are no viable substitutes for it. That is the second reason we cannot support a total ban, as originally proposed by the member for Skeena—Bulkley Valley. Health Canada's medical devices bureau has undertaken thorough studies of these compounds and has found that DEHP has a number of advantages that other plasticizers simply do not have.
Despite the potential effects of DEHP exposure on humans, its advantages outweigh the risks. This is the main reason we could not agree to a total ban at second reading. Now that the bill has been reworked, it allows the continued use of these products. It also provides for additional regulations governing the use of DEHP and for further studies of the other two chemicals. The government is prepared to support the bill.
The new provisions in clause 2 of Bill C-307 ensure an important balance within the bill. Clause 2.1 presents a minimum threshold under which a product or device will not be considered to contain any BBP, DBP or DEHP.
Clause 2.2 contains the precautionary principle. Where the threat of serious or irreversible damage results from the use of one of these phtalates, the Government of Canada cannot use a lack of full scientific certainty as a reason for postponing cost-effective measures to protect human and environmental health.
Improving the environment and the health of Canadians was a central theme in the recent throne speech. To quote the document, “Our Government believes that action is needed now to ensure our quality of life, particularly for those most vulnerable to health threats from the environment—our children and seniors”.
It is from this perspective that we can accept the amendments made to clause 3 of Bill C-307. Clearly, further measures are needed, in addition to the existing voluntary measures, to help reduce Canadians' exposure to DEHP.
In accordance with the precautionary principle previously cited, clause 3 requires the Governor in Council to adopt regulations under the Food and Drugs Act in order to govern the use of DEHP in cosmetics. As already mentioned by my hon. colleague, these measures will specify that DEHP may not be used in new formulations of cosmetics and will allow Health Canada to take quick and decisive action if this prohibition is contravened. This regulation must be in place within 12 months of the coming into force of the proposed legislation.
Also in accordance with the precautionary principle, the Governor in Council is required to make an order under the Dangerous Goods Act prohibiting the use of DEHP in products whose use involves the product being brought into contact with the mouth of a child of less than three years of age. Once again, this order must be made within 12 months of the coming into force of the proposed legislation.
Clause 3 of Bill C-307 also establishes certain obligations of the Minister of Health with regard to the use of DEHP in medical devices, including developing requirements for labelling and collaboration with the health care sector in order to develop clinical practice guidelines for the use of medical devices that contain DEHP.
The Minister of Health will also be required to prepare a list of medical devices available in Canada that do not contain DEHP and to consider giving priority to licence applications for medical devices that do not contain DEHP.
Lastly, Bill C-307 will require the government to reassess BBP and DBP under the Canadian Environmental Protection Act, 1999. These reassessments must be completed within 24 months after the coming into force of this legislative proposal. They will ensure that the government has access to solid scientific evidence to support future decisions about the use of specific phthalates in consumer products.
As I mentioned when I began, the government has made a great deal of effort to improve a bad bill. I believe that Bill C-307 is now more solid and more balanced and can more effectively control these three substances than when it was originally introduced in this House.
I encourage the members on all sides of the House to vote for this bill.
It is especially important to understand that the phthalates in blood bags allow blood to be kept almost twice as long as if the phthalates were not present.
In the end, not only did our government have to adjust to meet a demand, but it also had to take into account medical and scientific constraints regarding the use of this product.
