Finance committee  The uncertainty test is extremely broad, and it avoids the scientific rigour that is already in place for products that are licensed in Canada through the health regulatory-making process. For that standard, the similar standard that would be appropriate would be for the other powers that are already in the Food and Drugs Act: that there is a “serious or imminent” health risk, that there is a “risk of injury to...health”, or that it may have a “risk of injury to...health”.

Finance committee  Any time there's a subjective provision in legislation, that is problematic, because it is interpreted to be the intent of the legislation to permit someone to make a subjective determination. In this case, it's particularly concerning because of the exemption for uncertainty. That means that if there is uncertainty as to whether or not there even is a health risk, someone could still make a decision that would have very sweeping powers, such as, in fact, a decision to control or remove a product from the market when that product has already gone through the proper regulatory approval process that is already provided for in the regulations.

Finance committee  In that provision, it would, yes. I also think that the subsection on uncertainty, again, is very problematic, because even if that provision says that there must be reasonable grounds, those reasonable grounds can be based on uncertainty. That uncertainty can mean there is no actual risk to health and safety.

Finance committee  Thank you. To answer the first part of the question, currently Health Canada does have powers under the licensing for natural health products to include information about the safe use of products. That includes statements such as “for external use only” for a product that is not intended to be ingested or statements for products that should be kept away from children.

Finance committee  Yes, they do.

Finance committee  Yes.

Finance committee  Yes.

Finance committee  Yes, inspectors have those powers.

Finance committee  Yes, they have a licensing process for all natural health products.

Finance committee  Yes, there are procedures to do that under the natural product regulations.

Finance committee  Yes, Health Canada has the power—

Finance committee  Yes.

Finance committee  Yes.

Finance committee  Yes.

Finance committee  Yes.