Bill C-368

An Act to amend the Food and Drugs Act (natural health products)

This enactment amends the Food and Drugs Act to provide that natural health products are not therapeutic products within the meaning of that Act and therefore not subject to the same monitoring regime as other drugs.

Report Stage

[Blaine Calkins, Conservative, Red Deer—Lacombe, AB]

Madam Speaker, it is my pleasure to rise today to debate Bill C-69.

Here we are again. Another year, another NDP-Liberal budget, and every budget it seems is worse than the one before. This year's iteration of the budget is falsely titled “Fairness for Every Generation”. The title is ironic because, after nine years of the government, virtually every generation in the country is worse off. In fact, I cannot think of a single demographic, other than the Liberal insiders, that is better off in nine years.

Our youth can only dream of affording a home after the government has allowed a housing shortfall. According to the Parliamentary Budget Officer, we would need to build 1.3 million homes to close the housing gap. Both renters and homeowners are struggling to pay their bills after the cost of housing has been allowed to double under the leadership of the Prime Minister.

Our seniors are seeing their pensions ravaged by inflation. Not that long ago, it used to be that their old age security, CPP and whatever other savings they might have could see them through on a monthly basis. That is no longer the case. The government has directly driven up that inflation, making life unaffordable by continuing to overspend. By piling on another $61 billion of new spending this year, piling on to our already enormous debt, it has proven that it does not plan on changing course any time soon.

Parents are struggling with affordability, and it is now difficult for many families to feed their children. We are seeing yearly inflation rates for many food products in the double digits, while a record two million Canadians had to use a food bank in a single month last year, which is incredible.

Let us not forget the pesky carbon tax that compounds through the economy, costing over $30 billion of economic activity, as recently highlighted by the Parliamentary Budget Officer. Therefore, not only is it costing us every time we make a purchase, but it is costing our economy $30 billion in output. After nine years of the government creating intergenerational poverty, that would be a more apt name for this budget.

We know things are bad for the government when former Liberal Bank of Canada governor David Dodge has called it the worst budget since 1982, when the current Prime Minister's father was the prime minister. Like father, like son, as they say.

Instead of cutting back spending, the government has continued to be irresponsible and is spending money that Canadians no longer have. This has forced the Bank of Canada to raise interest rates. The cost to service the debt is now $54.1 billion. One must wonder what $54.1 billion could have been spent on instead of servicing the debt.

Like many Liberal bills, the budget has been turned into an omnibus bill to push forward strange and unusual requests that have little to do with budgets or measures, that are so controversial that if tabled on their own would not likely get the support of this chamber.

This year's boondoggle is the new tax on capital gains, a direct attack on business owners. It is only after the Conservatives pushed back that the government relented and put the capital gains changes into a separate bill. I chalk this up to pure incompetence, as the government continues to wedge, stigmatize and divide Canadians, and has open class warfare in our tax system.

The government claims that this change will bring fairness into the tax system essentially to target the richest 0.13%. Nothing could be further from the truth. What it conveniently ignores is how this tax will likely impact, and only impact, middle-class Canadians. This includes tradesmen, farmers who are worried about the succession of their family farms and small business owners who worry that it may not be worth growing their businesses in Canada anymore after these changes. The immigration stats are proving this to be true.

This would not be the typical 1%, but in fact would not be any of the 1% at all. Rather, they are our neighbours, friends and family members, the people who put food on our table and build our homes, and those industrious small business owners who employ people in our local communities and, meanwhile, sponsor the T-shirts for our kids' soccer teams.

I would also like to focus the attention of members on another underhanded change in the budget implementation act, and that is the newest changes to the Food and Drugs Act. The NDP vacated its role as an opposition party in March 2022, and instead of holding the government to account, its members have decided to help ease the passage of budget Bill C-47, which was the budget implementation act of 2023.

The ghastly bill was a direct attack on Canada's natural health product industry, one of the safest and best regulated industries on Planet Earth. These changes came as part of a push to radically change Health Canada's regulatory framework. Health Canada claimed that the changes were necessary to safeguard public health, but we simply know, with all the powers that it has, that this simply is not true.

The major alteration to the act was to change the definition of a therapeutic product to include natural health products. A therapeutic product is essentially a synthetic drug and it has little in common with food, which is the closest commonality that natural health products actually have. This would essentially put natural health products in the same regulatory framework as pharmaceutical drugs. It would also force the industry to pay for Health Canada's costly bureaucratic overhead with expensive new licensing fees and fines.

Essentially, by putting a self-funding model in place, what the government would be doing is just taxing the industry with that self-funding regulatory model so that it could free up the $50 million a year, which it already uses to manage the natural health product space, and use that money on some other misguided priority of the government.

Previously, natural health products were exempt from much of the regulations in the Food and Drugs Act, as a common understanding is that natural health products are a much lower risk to one's health than a pharmaceutical drug. That is why I introduced my private member's Bill C-368 to repeal these changes to the Food and Drugs Act and return to the status quo, maintaining the distinction between natural health products and therapeutic products.

However, if my private member's bill fails to pass, this new budget may also have a big impact on the natural health products industry. That is because division 31 of part 4 of this new budget implementation bill has introduced new ministerial powers pertaining to therapeutic products. Once again, it would be another change to the Food and Drugs Act and Health Canada. Instead of putting it in its own bill, it is tucked into part of an omnibus budget implementation act.

The most concerning of these changes is to allow the minister to make unilateral changes on therapeutic products without any basis in science demonstrating risk. Proposed subsection 30.01(1) of the bill states:

Subject to any regulations made under paragraph 30(1)‍(j.‍1) and if the Minister believes on reasonable grounds that the use of a therapeutic product, other than the intended use, may present a risk of injury to health, the Minister may, by order, establish rules in respect of the importation, sale, conditions of sale, advertising, manufacture, preparation, preservation, packaging, labelling, storage or testing of the therapeutic product for the purpose of preventing, managing or controlling the risk of injury to health.

That might seem innocuous, however, proposed subsection 30.01(3) states, “The Minister may make the order despite any uncertainty respecting the risk of injury to health that the use of the therapeutic product, other than the intended use, may present.” It states “despite any uncertainty”, so there would be no scientific rationale needed anymore, if the bill passes, for the minister to pull any product he or she wants off of the shelf. That is uncontrolled power. The powers that would be given to the ministers are concerning, but what is even more concerning is the combined effect of both budgets on our homegrown natural health product industry. The effect would be catastrophic. Not only is the industry reeling from the changes in the last budget implementation bill, but this one has introduced the element of arbitrary power in the hands of the minister.

There is little worse in business than uncertainty, and natural health products are only a small part of what is wrong with this bill and with industries across Canada. Small businesses are closing across our country, and yet, instead of supporting our entrepreneurs, the government uses every budget it has to target them.

We need a budget that empowers small business owners instead of penalizing them. In essence, I say not to buy into the budget title. If the last eight budgets from the Prime Minister are any indication, fairness for every generation is simply a pipe dream. As Winston Churchill once noted, “The inherent virtue of Socialism is the equal sharing of miseries.” If by promoting fairness, the government means promoting intergenerational poverty, then in its own way, I guess it is fair, but absolutely nobody is better off.

Only the Conservatives can restore Canada's fiscal house to order. Instead of saddling Canadian families, tradesmen, small enterprise operators and entrepreneurs with ever-growing regulation and taxation, we would axe the tax, build the homes, fix the budget and stop the crime. Canada has a vast and untapped economic potential and it is time for a Conservative government to unleash that potential.

Natural Health Products

[Cheryl Gallant, Conservative, Renfrew—Nipissing—Pembroke, ON]

Mr. Speaker, I am pleased to present a petition signed by the people of Pickering—Uxbridge, of Whitby and of the Liberal Minister of Health's riding of Ajax. They call on the House of Commons to immediately pass Bill C-368 and repeal the new regulatory constraints on natural health products passed last year that millions of Canadians rely upon that has since affected medical freedom of choice and affordability.

“Boo hoo, get over it” just does not cut it.

[Shawn Buckley]

Anyway, Bill C-368, if that passes, is not really going to have much of an effect on this. It's just going to move natural health products back to the regular drug category, where they're not subject to such strict provisions.

[Shawn Buckley]

Well, it's really not going to have a whole lot of impact.

Basically, in the last budget, Bill C-368 snuck in fundamental changes to the Food and Drugs Act that move natural health products into the therapeutic product category. The therapeutic product category was created by Vanessa's law back in 2014 to basically say that we have a class of drugs, chemical pharmaceutical drugs, with a risk profile that's extremely high, so we actually need to give the minister more powers to address that risk. The minister can actually be extremely intrusive and make orders, whether they're good orders or not, and has extraordinary power over that industry.

They then brought in a structure for fines that are more realistic, a $5-million-a-day maximum fine. Interestingly enough, there is less jail time than there is for the regular drug provisions, two years of jail. For a big pharmaceutical company like Pfizer, $5 million a day for an ongoing offence is really nothing.

In 1998, the Standing Committee on Health held the broadest consultations in Canadian history of any standing committee to ask how we should regulate natural health products—

[Blaine Calkins, Conservative, Red Deer—Lacombe, AB]

On the supplementary rules under therapeutic products, right now there's a bill in the House, Bill C-368, that seeks to undo the changes that were made in Bill C-47 in relation to therapeutic products.

As the voice of the Natural Health Product Protection Association, if Bill C-368 does pass in its current form, can you tell us what impact that could have for the natural health product industry in regard to changes in Bill C-47, and now in Bill C-69, should they pass in their current form?

[Aaron Skelton, President and Chief Executive Officer, Canadian Health Food Association]

Good morning.

Thank you, Chair and members of this committee, for having me here today. My name is Aaron Skelton. I'm the president and CEO of the Canadian Health Food Association, a trade association representing natural health, organic and wellness products in Canada. I am grateful to have the opportunity to speak before you today on behalf of not just our member companies but also the 82% of Canadians who use natural health products as part of their health and well-being.

The core concern I am bringing to you today is regarding Health Canada’s continued abuse of the parliamentary process. Health Canada introduced significant amendments to the laws governing natural health products through budget omnibus bills in 2023 and 2024 rather than following the parliamentary process. This has undone the hard work of prior legislative reviews conducted by previous Parliaments and the House of Commons Standing Committee on Health.

In budget 2024, current amendments to the Food and Drugs Act, as included under division 31 of Bill C-69, has yet again caught an entire industry completely off guard. For the second time in as many years, Health Canada has attempted to evade proper parliamentary process, including scrutiny by the Standing Committee on Health and consultations with industry, to achieve their desired outcome with zero checks or balances. The amendments they seek as part of division 31 are extremely powerful. However altruistically the intentions behind it are framed, the implications of such broad, sweeping changes demand proper study and regulatory rigour.

As mentioned, this same approach was taken in 2023, when division 27 in part 4 of Bill C-47 shockingly changed the definition of “therapeutic products” to include natural health products—with no scrutiny, public analysis or industry consultation. The lack of transparency and the unintended consequences that came from a blatant disregard of due process resulted in a private member’s bill, Bill C-368, that just this week passed second reading with support from all opposition parties to repeal this amendment. While a step in the right direction to course-correct a sneaky tactic, once an amendment has passed, it is no easy feat to undo what was inappropriately done.

The need for industry and consumers to voice their concerns on important regulatory and legislative matters is paramount, a requirement that is crucial to the development of fair and appropriate regulations. The potential impact of unchecked powers is not a hypothetical one. The current cost recovery proposal for NHPs, the outcome of such ministerial powers, has already created a staggering and untenable situation for companies across our sector.

Today we are back to ask this committee to not let history repeat itself. To be clear, we represent the natural health products industry. We do not represent any smoking cessation or tobacco products. We are here because over the course of the past two years, our trust in Health Canada has been eroded. We have faced multiple regulatory and legislative changes that have serious consequences on an industry and on Canadians.

If Bill C-69 passes and this amendment goes through, health products, natural or otherwise, will be left to face broad, sweeping powers from a minister who will have the ability to issue orders without following the Statutory Instruments Act. As it is a first of its kind, we have no visibility into the evidence required to support an order, and we will be left in the dark as to whether or not these powers can override department-issued licences, such as those granted by the natural and non-prescription health products directorate.

As an industry, we continue to support regulation and legislation that protects Canadians and is developed in a transparent, responsible and appropriate manner. Regulatory amendments pushed through omnibus bills do not reflect this value.

Today we ask this committee to consider removing division 31 from this act. This committee amended the budget in 2017, and we urge you to consider this precedent here. The restrictions placed by division 31 on health products, including natural health products, have consequences beyond what the current Minister of Health has communicated. With the power of this and no due process, Health Canada has made itself the judge, the jury and potentially the executioner. We cannot overstate the need to approach regulatory changes of this nature and this magnitude in the proper way—with study, analysis and consultation.

I thank you again for your time and I am happy to answer any questions you may have.

Food and Drugs Act

[The Deputy Speaker, Conservative, Chris d'Entremont]

The House will now proceed to the taking of the deferred recorded division on the motion at second reading stage of Bill C-368 under Private Members' Business.

The House resumed from May 22 consideration of the motion that Bill C-368, An Act to amend the Food and Drugs Act (natural health products), be read the second time and referred to a committee.

[Blaine Calkins, Conservative, Red Deer—Lacombe, AB]

Madam Speaker, I want to thank all my colleagues for their support and for speaking to Bill C-368, but I want to remind people how we arrived here.

There seem to be some forgetful folks. Even though I am thanking the NDP for its position, I would like to remind people how we arrived at this place. We are at this point with natural health products because of a budget implementation act, Bill C-47, which was passed for budget 2023. The authority for that came from a promise made by the leader of the NDP in March 2022 to form a coalition, a supply and confidence agreement, with the Liberal government, which meant carte blanche. It was going to support every budget and every budget implementation act that it had not even seen, discussed nor been party to. It gave that power to the Liberal government, and that is why we are here today.

While I appreciate the NDP's revisionist history on this, it is the reason this change happened in the first place. I am glad it is supporting this bill, which would take the legislative framework back where it was with the previous Conservative government under Stephen Harper and where we had the best natural health product regulations, framework and industry in the world. There is no need to tamper any further with the natural health product industry.

I want to talk about freedom of choice in health care, as this is a huge issue. Over 80% of Canadians, and I suspect it is even more, are using natural health products. This is about that freedom of choice and losing that choice. I believe the Canadian Health Food Association, the Natural Health Product Protection Association, the Direct Sellers Association of Canada and the Canadian Federation of Independent Business when they say that the changes being proposed by the Liberal government, through Health Canada's changes to the definition of therapeutic products to include natural health products, is going to kill and stifle business. I believe them when they say that because we have a nine-year track record of the government doing nothing but harm to the economy of this country. The government is going to continue to do it to this beautiful, wonderful industry that gives Canadians the choice they need to look after their own personal health.

Finally, I want to thank all the Canadians who have reached out to members of Parliament in a very active campaign to let MPs know how important this is to them. I want to thank the mothers out there who look after their families. I know my wife is the same way. She had a full-time job on top of her full-time job of raising the family while I was here in Ottawa. She wanted to help our kids, to help our family and to keep us healthy. She wanted to make sure we had the best possible health outcomes that we could have. I want to thank all the women who make up the largest part of the workforce and the entrepreneurship in this beautiful industry. The fact that there was not a gender-based analysis on this is striking.

I want to thank the seniors and those with chronic conditions who are scared about losing their access to these health products. When these organizations I mentioned before said that they are going to lose these products, I believe them. These seniors believe them, and these people with chronic conditions believe them. This is how they manage. This is how they cope with their ailments, and we should be enabling and empowering that, not scaring away investments, businesses and opportunities.

I want to thank the wonderful people in the industry. I want to thank the beautiful people I have met from coast to coast who are part of this industry. I have never met a group of people who are more conscientious, more thoughtful, and more creative and innovative. I want them to know that I am very thankful for the work they do.

For those who are going to be voting in favour of this, we are going to be voting on this next Wednesday night in a recorded division. I want to thank my colleagues for sending this to committee so that we can hear from the experts and from Canadians about this because this was snuck through in Bill C-47. The Liberal government is doing it again, right now, with Bill C-69 in this place. It is making even more changes to Health Canada and giving it more powers. Why are we not talking about this in a separate piece of legislation so that we can actually have a proper debate about it? Now we are, with Bill C-368.

It is time to pass Bill C-368. It is time to get back to basics. It is time to get back to making sure that Canadians have access to the health products they deserve. I want to thank my colleagues who are brave enough and who have the courage to do what their constituents want them to do, and vote for Bill C-368.

[Stephen Ellis, Conservative, Cumberland—Colchester, NS]

Madam Speaker, it is always a pleasure to rise. My colleague from Peterborough—Kawartha talked about this being Groundhog Day, and it seems as if we are talking about this particular topic over and over again.

My colleague from Ottawa Centre, who spoke just a minute ago, was talking about the safety of these products. It is interesting, because the reason any health warnings were found about these products was that inspections were already conducted by Health Canada. Therefore, by grabbing more money from the small and medium-sized businesses that are actually producing natural health products for the benefit of Canadians, these changes are not going to make those inspections any better or any more frequent. I find that a bit fascinating.

The other thing that is absolutely fascinating is what we have on the opposite side of the House. We have a government that had a crazy experiment, a wacko experiment we might say, to actually decriminalize opioids, which we know failed miserably. Without the Conservatives on this side of the House actually stopping the Liberals, they were on the path to wanting to legalize drugs like meth, crack, cocaine, amphetamines and fentanyl here in Canada, in our backyards, in our school grounds, in front of businesses and in front of residences all across this country.

Thankfully, there was an incredible intervention by team Conservative. We were able to make enough interventions so that people realized how bad of an idea this was. The crime, chaos, drugs and disorder that have happened across this great country have been unfathomable. It is certainly something that Canadians need to bear in mind when we talk about the incredible want on the NDP-Liberal side to take away natural health products.

I know that many of my colleagues spoke about this previously, but I do think it bears repeating. When we look at the multitude of issues that have come before this House in the last two and a half years since I have been here, the issue that people have written to me the most about and approached me the most about, just walking along the street, in our own backyards, is really related to natural health products. Canadians have made it incredibly clear that they do not want the government interfering, as it wants to do, with their natural health products.

I know some of this is a bit repetitive, but I think it bears repeating. We know from statistics that over 80% of Canadians use natural health products on a regular basis. I listened with great interest when my colleague from Peterborough—Kawartha talked about how the impacts of the changes the government is on the road to making, without the intervention of Bill C-368, are a harm to female entrepreneurs. That cannot be said enough in this House.

We hear that Conservatives are against women and Conservatives are against women's rights. We hear this every single day. It is actually quite nauseating. We actually understand that, on the opposite side, the NDP-Liberal coalition members are the ones who want to undermine the health, well-being and financial success of female entrepreneurs. We know that 80% of businesses in the natural health products sector are small businesses, and 50% of these businesses are managed by CEOs who are females.

There is no better way for people to ensure their success in this world than to be their own boss. When someone is the master of their own destiny, that creates a security and a need for nobody else. From my perspective, my wife and I have been married almost 34 years. She is a female entrepreneur. When I look at her success and the satisfaction it brings her to know that she certainly does not have to rely on me and that she is incredibly successful, that is the kind of thing I would want for my daughters as well, and for any entrepreneur in this great country. They should be able to say they are the master of their own destiny.

When we look at the regulations that have also been brought in, the member for Ottawa Centre went on and on about safety, etc. I know he was not at the health committee when this happened, so maybe we can cut him some slack based on that. Interestingly enough, the chief medical adviser for Health Canada was at the committee and talked about some of the disinformative statistics that the member spoke about previously. When we pressed the chief medical adviser for Health Canada on where the statistics were, the answer we were given was “Oh, you can look them up in the database.” Of course, doing our due diligence, we attempted to do so. The conflated numbers they actually presented in no way, shape, or form reflect reality.

When we begin to look at this, the safety of natural health products is beyond reproach. Are there oftentimes difficulties in manufacturing? Yes. Health Canada, to its credit, has discovered some of those things, which is important. That happens in many different industries where the manufacturing process is studied to make things better by doing this, that or the other thing. That will be important to continue, but is it necessary to attempt to kill small and medium-sized business-based enterprises in this country? When these regulations continue, if the rest of our colleagues do not realize the importance of Bill C-368, what will happen is that this industry will die. Then what will happen?

We know that 80% of Canadians use these products on a regular basis, and they will continue to use them. When they continue to use them, that means they are going to have to buy them somewhere else, other than from the great Canadian industry that we have, which we know is incredibly safe. The regulations that exist here in this country at the current time, barring the changes that the NDP-Liberal costly coalition wanted to make in the last budget, are the envy of the rest of the world. We have heard that. We did much research on this last year, when we went through all this foolishness before. Australia said it wanted to adopt what Canada is doing because it is so great. The regulations are absolutely incredible. When we tell them that the costly coalition wants to meddle with the regulations, they ask why we would want to do that, as we have a great system now.

We look at increasing the cost of products by 50% to 75%, and we see 20% of small businesses in Canada having to close. We see some of the other kind of ridiculous regulations, such as increasing the label size to put more warnings, words and cautions, etc. The anti-plastic crew over here is increasing the amount of plastic that is going to have to be used to do it, at a cost of about $200,000 per product. It has often been said that this is regulation looking for something to regulate, as well as looking for another way to fuel the Liberals' ridiculous spending.

Let us look at another industry, the prescription drug industry. I know some of my colleagues briefly talked about this. We know that the prescription drug industry harms seniors every year. The cost to the Canadian economy is about $2 billion every year due to the harm created by prescription drugs. Do we hear the NDP-Liberal coalition saying that we need to have more regulations related to that? No, we do not hear that.

I think the other thing we need to know is the reason the government is going after this. The reason, of course, is related to an easy target to get more money to fuel its spending, which is costing Canadians greatly. We know that more and more Canadians, sadly, are going to food banks. We saw Food Banks Canada's 2024 report that came out showing that 50% more Canadians feel financially worse off compared to last year and that 25% of Canadians are experiencing food insecurity.

This is a bill to fuel the government's spending habit, which is a sad commentary on a government that is out of ideas and out of time. We will continue to see these things, which will negatively affect the health of Canadians and their confidence to make the right decisions about their health care at the right time on their own terms.

[Yasir Naqvi, Liberal, Parliamentary Secretary to the Minister of Health]

Madam Speaker, I am thankful for the opportunity to discuss Bill C-368 with respect to natural health products, and its potential impact on the ability of Canadians to have confidence in the natural health products on their shelves.

Canadians expect the products that they buy in Canada to be safe for use and consumption.

This includes the natural health products we use every day, such as vitamins, herbal medicines, sunscreen, toothpaste and hand sanitizer.

I want to acknowledge the importance of natural health products. They are something that many of our constituents use for their own well-being. I have heard that from many of my constituents as well. There is no question that natural health products are lower-risk than prescription drugs, but the reality is they are not risk-free. They can actually cause serious harm in certain circumstances. In particular, if not manufactured properly, natural health products can contain unsafe levels of ingredients or be contaminated with other substances that can be harmful. They can also be advertised or labelled in a misleading manner.

Take, for example, probiotics. While they are low-risk and in fact beneficial in many cases, these products as a whole are not without risk. Over the last six years, there have been six reports of sepsis associated with one brand of probiotic, the majority of which were in premature infants, and five of which had an outcome of death. That is why postmarket safety surveillance is so important.

In fact, between January 1, 2022, and December 31, 2023, Health Canada received 930 adverse reaction reports where a natural health product was suspected of being responsible for the adverse reaction, with the majority, 692, reported as serious.

Consumers trust these products to contribute to their health and well-being. That is why we need to ensure that natural health products can be used safely and that they are not the subject of false claims.

However, Conservatives want to take us back to a time when we can recall a contaminated tube of lipstick or head of lettuce, but not a contaminated vitamin or supplement.

Now I want to talk a bit about the subject of the bill, Bill C-368, which is Vanessa's Law.

In June 2023, Vanessa's Law, or the Protecting Canadians from Unsafe Drugs Act, was extended to include natural health products. This action was taken to correct a gap that was left in 2014 when Vanessa's Law was initially passed for other health products. This law gives Health Canada the additional tools to take swift action if marketed products are deemed unsafe. As it stands now, Vanessa's Law gives Health Canada the authority to mandate product recalls and label revisions for unsafe natural health products where there are serious or imminent risks to the health and safety of Canadians.

The tools afforded by Vanessa's Law are important for the well-being and safety of Canadians. They protect Canadians, but not at the cost of hurting Canadian businesses. In fact, there should be no impact on businesses that are following the rules in manufacturing and selling to Canadians products that are safe. These authorities are used only if a company should refuse to co-operate in taking voluntary action to mitigate a serious health risk, as is the typical practice for other lines of health products and food.

Bill C-368 seeks to repeal the expanded powers granted by Vanessa's Law, which would prevent Health Canada from recalling dangerous products or adding warnings to labels when companies refuse to do it themselves.

The government can mandate recalls of other health products, as well as food like produce in grocery stores that is contaminated with E. coli, but with Bill C-368, Health Canada would not have the authority to require the recall of a natural health product contaminated with E. coli, which could be equally dangerous to the lives of our constituents.

Should not users of natural health products also be afforded the confidence that the products on the shelves can be used safely? Adopting Bill C-368 would leave the health of Canadians in the hands of industry to decide when it is appropriate to issue a recall or update the label with new warnings. There is just no reason for natural health products to be exempted from Vanessa's Law.

One of the main sources of problems comes from cases of deficient manufacturing practices that result in product contamination.

Before Vanessa's Law was applied to natural health products, Health Canada did not have the power to enforce recalls and had only a limited ability to remove dangerous natural health products from the market.

The concerns I am expressing today are not about theoretical risks. Since 2018, there have been over 300 voluntary recalls of licensed natural health products for safety issues. For example, during the pandemic, when hand sanitizer use was at its highest, Health Canada found toxic chemicals like methanol and benzine in these products but had to rely on voluntary action from companies to remove these products from the market. Other examples of product issues resulting from unsanitary manufacturing conditions include contamination with bacteria, fibreglass and other foreign materials.

Should we really rely solely on the goodwill of industry to recall a product contaminated with fibreglass or toxic chemicals?

In 2021, the independent commissioner of the environment and sustainable development highlighted Health Canada's lack of power to recall natural health products as an important gap. The commissioner reported that contaminated natural health products remained available to consumers on store shelves for many months because Health Canada could rely only on the goodwill of companies to undertake voluntary recalls. Between 2021 and 2022, Health Canada inspected 36 importers and manufacturers of natural health products and found high levels of non-compliance with safe manufacturing practices. Issues were identified in all 36 sites inspected, ranging in severity, with 42% requiring immediate action.

Issues requiring the Vanessa's Law authorities go beyond product quality problems. For example, in 2021, Health Canada conducted an online surveillance study of health claims made by natural health products and found that more than 1,600 authorized natural health products made illegitimate cancer-related claims in their advertising. Think of the impact this could have on a cancer patient who is looking for relief and puts their trust solely in a product that cannot back up its claims. This is unacceptable. In fact, it is dangerous.

Canadians expect better, and they deserve better. Bill C-368 would roll back the protections of Vanessa's Law, exposing Canadians to unacceptable risks. This includes potentially allowing unsafe products to remain on the market longer and subjecting natural health products to a different, less rigorous set of rules than all other health products and food. It puts the power to determine actions in the most serious cases of health risks in the hands of industry and not the regulator. Is that what we want?

I submit that Canadians would expect more from their government. They expect that the government is able to take action and remove natural health products from the market when they are deemed unsafe, just like it can remove a shipment of contaminated lettuce or cough medication.

Some members have raised concerns about how the extension of Vanessa's Law could impact the availability of natural health products. I want to stress that product availability will not change with Vanessa's Law. Unsafe products will be removed more quickly from the market, but safe products will continue to be available. Compliant companies and products will not be impacted.

It is not just about recalls. Vanessa's Law authorities also allow the court to determine a more appropriate fine or penalty should a company be convicted of an offence related to a natural health product that poses serious health and safety risks to Canadians, creating a legitimate deterrent for non-compliance. Canadians are counting on us to safeguard the marketplace from unsafe products.

We need to ensure that those who buy natural health products are able to have confidence in the safety of those products. We are talking about public health and safety here.

It is too important to leave to chance. It is too important and time-sensitive to rely on voluntary compliance. Vanessa's Law gives Health Canada the authorities it needs to take immediate action to remove unsafe natural health products from the marketplace if a company refuses to do so voluntarily. It is an important tool that strengthens the market and the reputation of the industry in Canada, as it helps ensure that these widely used products are safe.

I encourage all members to vote against this bill.

[Alistair MacGregor, NDP, Cowichan—Malahat—Langford, BC]

Madam Speaker, I am very pleased to speak to Bill C-368. I would like to thank the member for Red Deer—Lacombe for bringing it forward for the House's consideration.

The reason I am very pleased is that the issue of natural health products has garnered a lot of attention in my riding of Cowichan—Malahat—Langford. I have had a lot of constituents and local businesses approach me concerning this issue in particular. I am pleased to be able to stand here, as their elected representative, and let my constituents know that I will be supporting the bill at second reading.

I was also very pleased to be able to add my name as a joint seconder to the bill. To fulfill the wishes of my constituents, I will be voting to send it to committee for further study.

What are we talking about when we say “natural health products”? I have always thought it a weird thing that they are regulated under a statute such as the Food and Drugs Act. They are not really a food, nor are they a drug. They occupy a special place for many people. We must face that humans have had relationships with natural health products dating back thousands of years. Many of these products have a very special place in human history, and a lot of cultures have very long relationships with them.

Today, in the modern world, natural health products often come in a variety of forms, such as tablets, capsules, tinctures, solutions, creams, ointments and drops. There is quite a large variety for people to pick and choose from. They are often made from plants, but they can also come from animals, from micro-organisms and from marine sources. They include vitamins and minerals, herbal remedies, homeopathic medicines, traditional medicines, probiotics and other products, such as amino acids and essential fatty acids. They are found in many everyday consumer products.

Let us come to the bill in question, Bill C-368. As shown in the summary, it would amend the Food and Drugs Act to provide that natural health products are not therapeutic products within the meaning of that act and, therefore, are not subject to the same monitoring regime as other drugs.

Before we get into the substance, we need to take a little history lesson on how we arrived here. I want to say that both Conservatives and Liberals have run into trouble when trying to regulate natural health products. In fact, the previous government, under Harper, learned this lesson very quickly back in 2008 when it introduced Bill C-51. That was also an act to amend the Food and Drugs Act. Under Bill C-51, the term “therapeutic products” encompassed a range of products sold for therapeutic purposes, including drugs, medical devices, biologics and natural health products. In the end, because of an election, that bill was never adopted. However, I believe the Harper government at that time learned its lesson because of the uproar that came in response to Bill C-51, and it did not attempt to change Canada's regulations for natural health products again while in government.

What the Harper government did do, in 2014, was introduce Bill C-17 to amend the Food and Drugs Act. It was also known as Vanessa's Law. This introduced a definition for the term “therapeutic product”, but what was different this time was that the definition was worded in such a way that it did not include natural health products, within the meaning of the natural health products regulations.

We then fast-forward to the present Liberal government and Bill C-47. That bill, in a clause buried deep within a budget implementation act, again amended the term “therapeutic product” to make sure that the exemption from the natural health products regulations was actually removed. This has caused much of the uproar we see today.

I want to point out, as I said in my intro, that natural health products have a long history of use in Canada as low-risk, affordable methods of promoting well-being. It is very important that I stand here today and say unequivocally that they must remain accessible to all Canadians. I am proud to be a member of a caucus, the NDP caucus, that has long supported an appropriate regulatory category for natural health products to certify their safety and efficacy based on sound evidence, as well as to ensure that they are widely available for those who use and value them.

It is unacceptable that the changes to the regulatory regime under the Food and Drugs Act was snuck into a budget omnibus bill, because it did not allow for proper study. I am glad to see that, because Bill C-368 is a stand-alone, quite simple and easy-to-read piece of legislation, from reading the room, it should have enough votes to send it to committee. We can then have the proper study; hear from Canadians and businesses that sell natural health products, the practitioners involved in this every day; and, finally, get the proper scrutiny that this issue so richly deserves.

I do not want to spend too much longer speaking to the bill, but I want to talk a bit about the people in my riding of Cowichan—Malahat—Langford who took the time to write to my office, phone me personally and come into my office. In particular, I want to recognize a few of the local businesses. Essential Remedies, Benoit and Associates Health Education, some holistic health practitioners, the Community Farm Store, Botanical Bliss, a certified homeopathic practitioner, a naturopathic physician and Lynn's Vitamin Gallery all took the time in the summer of 2023 to come into my office. We had a great round table discussion. It lasted well over an hour. It was really enlightening for me, as their member of Parliament, to hear their views on this subject and learn a little more about why it is so important.

Yes, my immediate family definitely uses natural health products, and I know that many friends and relatives in my immediate vicinity also use them. However, to hear from professionals who work with clients every day about why this issue is so important was particularly enlightening for me. It is also important to note that 71% of Canadians, which is a very big number, have used natural health products, such as vitamins and minerals, herbal products and homeopathic medicines. Therefore, it is important that, when the NHP community speaks to their elected representatives, it represents a very clear majority of Canadians. Based on a proper cross-sampling of the correspondence that I, like many other members, have received, I know that they want their elected representatives to treat this issue with the seriousness that it deserves and give the bill full scrutiny.

Finally, I want to congratulate the NHP community and industry, which have been very actively engaged on this issue through their work. I really want to single out the local businesses in my riding of Cowichan—Malahat—Langford and the constituents who live on Vancouver Island. I congratulate them for their advocacy, for stepping up to the plate and for engaging me as their elected representative, because it has worked. I am proud to say that, in this place, as their elected representative, I will be pleased to vote to send Bill C-368 to committee.

[Caroline Desbiens, Bloc, Beauport—Côte-de-Beaupré—Île d’Orléans—Charlevoix, QC]

Madam Speaker, this bill amends the Food and Drugs Act to provide that natural health products are not therapeutic products within the meaning of the act and are therefore not subject to the same monitoring regime as other drugs.

First of all, I would like to announce that the Bloc Québécois will vote in favour of the bill at second reading, essentially to hear from experts in committee on the best way to regulate natural health products.

This bill follows what the government surreptitiously introduced in a schedule to the 2023 budget, through Bill C‑47. There has always been a distinction between drugs and natural health products, and that was a good thing. It seems obvious that natural health products, commonly abbreviated as NHPs, differ from drugs in many ways. We are not saying that they are all harmless; people should ask their pharmacist before consuming any such products. We also acknowledge that NHPs could interact with other medications. However, these are precisely the reasons why we need to examine these products and determine the best way to regulate them.

What the Bloc Québécois wants is to be able to verify whether the decision to subject NHPs to the Protecting Canadians from Unsafe Drugs Act, or Vanessa's Law, is definitely the best way to regulate them, or whether it places an excessive administrative burden on these products. Relatively speaking, these products present lower risks and have a different impact on health than traditional pharmaceuticals.

As the saying goes, sometimes the cure is worse than the disease. Regulations could have the opposite effect to what we are trying to achieve, which is the well-being of Quebeckers and Canadians. The fact is that there are some 91,000 NHPs, 75 of which have been specifically analyzed. After checking certain sampled products, it was concluded that, since 2014, Health Canada has not been doing its job in terms of guaranteeing safe products. The government tried to gain credibility by using a bazooka to kill a fly. That is a reasonable conclusion.

The decision to subject NHPs to Vanessa's Law follows a series of recommendations set out in a report by the commissioner of the environment and sustainable development. In that report to the Parliament of Canada, the commissioner notes that the government does not have the legislative authority to compel NHP companies to identify unlicensed products and take appropriate measures to prevent them from being sold in Canada; identify unauthorized activities and take appropriate action to ensure that product labels and advertisements meet product-licence conditions; obtain the information it needs to verify and ensure that these products are no longer for sale in Canada; and force a recall or impose terms and conditions to mitigate the safety risks associated with these products.

Canada's natural health products regulations allow for licences to be cancelled to prohibit the sale of a product or to have it seized. However, there is no provision allowing the minister to force a product recall. Prior to Bill C‑47, recalls were therefore voluntary. Moreover, the environmental risks are not included, so there is some data missing.

As legislators, have we done everything we can to ensure that there is a balance in terms of access to NHPs to guarantee free choice for consumers? Have we done everything we can to ensure that when Health Canada approves products, it does its job and does the necessary inspections?

One of my colleagues, the member for Montcalm and Bloc Québécois health critic, asked whether an impact study had been done on the industry and on small and medium-sized businesses, concerning the recovery costs required. He was told that it was based on Treasury Board guidelines.

I imagine that the Treasury Board's main interest is getting its money's worth. What kind of service is it going to provide when, after all this time, and with all the taxes generated by the industry, it has not even been able to ensure products are tested or inspected throughout its mandate? These are questions that need to be asked. Where are the numbers on how many adverse reactions there have been to natural health products in 17 years? What are the numbers for adverse reactions to pharmaceutical products? We did not get an answer on that either. We know that even though they are approved by Health Canada, pharmaceuticals can sometimes have very serious side effects. However, that is no reason to disqualify them or discredit an entire industry.

It is just a matter of doing the work, carrying out tasks and responsibilities and making sure that things are done well. That seems obvious to me.

What we see here looks like a government uninterested in working to ensure the well-being of its people. Instead, it wants to pass on a hot potato before it gets burned. For a long time now, the government's inaction on many issues has been on full display. It does not know how to work the machinery of government, so a one-size-fits-all solution often seems like the easiest way around the problem. In reality, it is a very poor option.

We have to respect people's intelligence. To properly protect them, they need to be adequately informed. They do not need to have decisions constantly made for them. No one is forced to use an NHP. Consumers who buy these products have already looked into their effects. The role of legislation and regulations is to provide them with a proper framework.

My grandfather used balsam fir gum. He used it for a good part of his life and died at the age of 103. Was this natural health product approved? Probably not. Was it dangerous? Obviously not. He lived for over 100 years. It was not a dangerous drug either. To some extent, if we let the government have its way, balsam fir gum will probably fall out of use, and my grandfather would have been deprived of his traditional remedy, which had supposedly cured him of consumption. One day, after years of searching, he found it again on the shelves at his pharmacy, in capsule form. The midwife who had supplied it to him back in the day had died. This is why NHPs deserve a legal, responsible, credible and rigorous approach. People should be able to opt for a safe, natural solution with components that are recognized and identified, and whose effects are known and accessible to all doctors and practitioners.

Here, we vote on laws. We are not experts, but we need to act responsibly and with humility to put in place the proper legislative provisions. That is what must guide our decisions. That is why Bill C‑368 is now necessary. It must be sent to committee so that the parliamentary work can be done. If the government had been a bit more transparent, if it had held the necessary consultations, if we had all worked together to find a way to move forward without harming an industry that Quebeckers and Canadians have the right to access, then we would not be here today discussing this issue.

Unfortunately, the government has not held any consultations to date. The federal government has rather cavalierly dodged many debates on this topic, when the purpose of debate is to turn ambiguous questions into clearer, more appropriate directives. That is exactly why we are going to vote in favour of Bill C‑368.

The information I shared in my speech provides ample justification for Parliament to refer this bill to committee. A genuine assessment of the situation is needed given the government's claim that 88% of the 91,000 natural health products are substandard or use misleading labelling. Such a claim requires verification, since the methodology used is flawed. Indeed, the products were verified after problems were reported, and were then identified as substandard. However, this approach grossly inflates the data and raises reasonable questions concerning the methodology used. In our opinion, a randomized approach would be preferable.

Need I remind the House that we have the right to do substantive work to ensure that we are making the right decisions, voting for the right things and passing legislation in the public interest? Need I remind the House that we cannot be sloppy or try to get rid of things or hide the flaws that we did not bother to tackle, things that were swept under the rug because it is easier that way and makes us look good? It is a fairly common technique used by the current government to jump to hasty and ill-considered conclusions, only to impose drastic, rigid rules, where there are often more losers than winners in the end. The Liberals just want to be able to say that they did this, that and the other thing, that they passed this bill and that bill, and they are great. They want to say that they delivered. There was a problem with NHPs, and they passed legislation. It is not enough, but that does not matter. Fisheries are being closed. The government is not listening to those who work in fisheries. Entire villages are facing a socio-economic dead end. It does not matter, as long as the Liberals look good. They say they are going to save the biomass, but they are not saving anything. It does not matter, because announcements have been made. They pass laws and set up legislative procedures to interfere in provincial jurisdictions. It is full steam ahead. Are their solutions correct? Are they being applied consistently? No, but that does not matter.

What matters is that they passed legislation, that they spread their tentacles where they did not belong. That is the way to gain control of everything. They announce funding that is appealing to the provinces that have become so strapped for cash over the years—

The House resumed from April 29 consideration of the motion that Bill C‑368, An Act to amend the Food and Drugs Act (natural health products), be read the second time and referred to a committee.

Second reading

[Blaine Calkins, Conservative, Red Deer—Lacombe, AB]

Madam Speaker, there is a joke going around that says, “It's not knowing that a politician can be bought; it's knowing how little they'll let themselves go for.” For a member of the NDP caucus right now thinking that this is the misery they are suffering in the polls, the misery they are suffering nationwide, which is the same misery Canadians are suffering, this is all they managed to get out of the supply and confidence arrangement with the government today.

It is not a pharmacare program. Health care is actually a provincial jurisdiction. It should be delivered by the provinces. The bill would simply be adding contraceptives and some diabetes measures into it. I guess, on the surface of it, that is a good thing, but to the tune of $1.5 billion. If viewers watching at home actually believe this is all it is going to cost them, I will remind them that the government bought a $7 billion pipeline and built it for about $40 billion. Therefore, if history is any predictor of the future when it comes to what things cost under a Liberal-NDP coalition, then they should be looking at least to that example if not more.

To us, as Conservatives, the issue is one of provincial jurisdiction. I come from Alberta, and this is a very important issue to our province and to our premier. This is just another intrusion into provincial jurisdiction. We think that, during these financial times, when Canadians are struggling to make ends meet, pouring more fuel on the inflationary fire is certainly not going to help. It is another financial albatross in the making, which Canadians cannot afford and are not willing to pay for.

It is not just me saying this, and it is not just Conservatives saying this. John Ivison eloquently stated in a piece that he published back on February 29, when the bill or this notion first came out, that this is “the woebegone child of a loveless Liberal-NDP marriage.” This is basically what we are dealing with.

It has become clear to me that the bill before us is basically the cost of keeping the NDP support for this Parliament under supply and confidence, and the coalition partners can take this until October 2025. It was supposed to be October 20, but it is going to be extended by another week to make sure that certain people here get the financial benefits they think they are entitled to. However, it just goes to show that there is only one serious opposition in the House, and that is the Conservative Party.

The NDP is not an opposition party but a willing accomplice to everything that the Liberal government has in its agenda. Its members have been witting partners in creating a massive inflationary deficit; setting restrictive policies towards, for example, lawful gun owners and natural health products, which they signed up for two years ago without even knowing they were going to vote in favour of that in Bill C-47 last year; impeding upon provincial jurisdiction time and time again, which is, of course, front and centre with this piece of legislation; continuing to cover up for the government's scandals, covering for it at committee and also here in the House of Commons; introducing soft-on-crime legislation or supporting that soft-on-crime legislation, which has turned our justice system into a revolving door; sending Canadians to food banks en masse, at a couple of million visitors, which is up over 300%; allowing housing prices to skyrocket; and neglecting our military to the point where our soldiers are basically relying on food donations while they are in Ottawa for training. I could continue, but I think members get the gist of what I am trying to say.

It is bad enough that NDP members backed budget after budget and shut down our work to hold the government to account at committee, but they are telling Canadians that they are doing their actual work as an opposition party. Well, they cannot have it both ways. They cannot be in opposition while they support everything that the government does. I do not buy it, and neither do Canadians.

A December 2023 Leger poll indicated that only 18% of Canadians listed the establishment of a national pharmacare program as a health care priority, and the promise was not included in the 2021 Liberal platform. Canadians did not vote for a party promising pharmacare, yet here we are, thanks to an NDP party that is keeping this weak and basically lame-duck government in office. It is no wonder that some provinces are already saying publicly that they are choosing to opt out.

Let it be known that the absence of the NDP as an opposition is also keenly felt in other areas. Just last year, as I was mentioning, the NDP-Liberal coalition passed Bill C-47.

I do not suppose anybody in the NDP was told, when they signed on to this supply and confidence agreement back in March 2022, that they would be asked to regulate natural health products in the same way as therapeutics, but they did it anyway. As a matter of fact, they made that commitment a year before the bill was passed, and it is going to basically shut down our supplements and natural health product industry when they are classified and rebranded as pharmaceutical drugs.

What did the New Democrats do when this came up for debate? They backed the budget instead of forcing the government to remove those four little clauses from Bill C-47, the budget implementation act. They had a chance. They could have flexed their muscles and said they were not going to support the budget implementation act unless the government removed them, but no such request was forthcoming, and the bill passed. It has caused unforeseen chaos in the natural health products and supplements industry across this country; consumers, of course, are rightly worried. In response, I had to table my own private member's bill, Bill C-368, to reverse these changes. This is just part and parcel.

New Democrats say one thing to Canadians but actually do another. Could anyone imagine such a thing as being the House leader of the NDP, for example, standing up and saying time and time again how much one does not like omnibus legislation, and yet gleefully passing Bill C-47. The NDP House leader has said this for the 18 years that he and I have been in the House together. However, he told the government that New Democrats would continue to pass every budget and every budget implementation act henceforth after March 2022. He cannot have it both ways. He cannot stand up and say New Democrats are going to hold the government to account while continuing to give it the keys to the house to do whatever it wants.

In the case of natural health product governance and regulations, New Democrats tell Canadians they are against omnibus legislation and that they are keeping the government accountable. However, as I said, they voted for Bill C-47, threw that industry into turmoil and then criticized me for giving them an off-ramp on the Bill C-368 debate last week. I was giving them a pathway to redemption, and all they could do was basically blame Stephen Harper for the mess that the country is in. I cannot even make this stuff up.

The most common questions I get from Canadians are these: When are we going to have an election? Who believes anything anybody in the NDP has to say anymore, when their actions are completely 180° opposite from what they say with their words?

It should also be highlighted that the bill was introduced with no public consultations whatsoever, which comes as no surprise to Conservatives. This piece of legislation has been pushed from a government with a terrible record on transparency. It is a government that regularly rushes massive changes with little regard for those people the changes may impact. It talks about the intended consequences, but it never fully understands the unintended consequences of the things it does, which is why we are in the mess we are in today.

The Conservative position on Bill C-64 is that the Liberals know this project is an expensive boondoggle. That is why they abandoned it in their 2019 election promise. Even former finance minister Bill Morneau noted in his book that a single-user system would cost an additional $15 billion a year. We cannot believe the $1.5 billion number, and that is why my colleagues here on the Conservative side and I will respect provincial jurisdiction and vote against this piece of legislation. We encourage New Democrats to change their ways before their party actually fades into oblivion forever.