Budget Implementation Act, 2023, No. 1

An Act to implement certain provisions of the budget tabled in Parliament on March 28, 2023

Sponsor

Status

This bill has received Royal Assent and is, or will soon become, law.

Summary

This is from the published bill. The Library of Parliament often publishes better independent summaries.

Part 1 implements certain measures in respect of the Income Tax Act and the Income Tax Regulations by
(a) enabling the Canada Revenue Agency (CRA) to use electronic certification of tax and information returns and requiring taxpayers to file electronically in certain circumstances;
(b) doubling the maximum deduction for tradespeople’s tools from $500 to $1,000;
(c) providing that any gain on the disposition of a right to acquire Canadian housing property within a one-year period of its acquisition is treated as business income;
(d) excluding from a taxpayer’s income certain benefits for Canadian Forces members, veterans and their spouses or common-law partners;
(e) exempting from taxation any income earned by the Band Class Settlement Trust in accordance with section 24.05 of the Settlement Agreement entered into on January 18, 2023 relating to the attendance of day scholars at residential schools;
(f) providing an additional payment of the Goods and Services Tax/Harmonized Sales Tax (GST/HST) credit equal to double the amount of the regular January 2023 payment;
(g) providing for automatic, quarterly advance payments of the Canada Workers Benefit;
(h) allowing divorced and separated spouses to open joint Registered Educational Savings Plans and increasing educational assistance amounts under those plans;
(i) extending, by ‚three years, the ability of a qualifying family member to be the plan holder of an individual’s Registered Disability Savings Plan and expanding the definition of “qualifying family member” to include a sister or a brother of the individual;
(j) allowing defined contribution registered pension plans to correct contribution errors and requiring that the contributions or refunds are reported to the CRA for the purpose of correcting the RRSP deduction limit;
(k) modifying reporting requirements in respect of reportable transactions, introducing reporting requirements for notifiable transactions and providing reporting requirements with respect to uncertain tax treatments, as well as extending the reassessment periods applicable to those transactions and creating or modifying penalties for non-compliance with those requirements;
(l) allowing the CRA to share taxpayer information for the purposes of the Canadian Dental Care Plan;
(m) expanding the definition of “dividend rental arrangement” to include “specified hedging transactions” carried out in whole or in part by registered securities dealers;
(n) implementing the Model Reporting Rules for Digital Platforms developed by the Organisation for Economic Co-operation and Development;
(o) requiring annual reporting by financial institutions of the fair market value of registered retirement savings plans and registered retirement income funds;
(p) expanding the permissible borrowing by defined benefit pension plans; and
(q) implementing a number of technical amendments to correct mistakes or inconsistencies and to better align the law with its intended policy objectives.
It also makes related and consequential amendments to the Excise Tax Act , the Tax Rebate Discounting Act , the Air Travellers Security Charge Act , the Excise Act, 2001 , Part 1 of the Greenhouse Gas Pollution Pricing Act and the Electronic Filing and Provision of Information (GST/HST) Regulations .
Part 2 implements certain measures in respect of the Excise Tax Act and a related text by
(a) clarifying that the international transportation of money benefits from Goods and Services Tax/Harmonized Sales Tax (GST/HST) relief and other special rules in the same manner as a service of internationally transporting other kinds of freight;
(b) permitting a pension entity, in specific circumstances, to claim the pension entity rebate or an input tax credit, or to make the pension entity rebate election, after the end of the two-year limitation period;
(c) specifying that cryptoasset mining is generally not considered a supply for GST/HST purposes; and
(d) ensuring that payment card clearing services are excluded from the definition “financial service” under the GST/HST legislation.
Part 3 amends the Excise Act , the Excise Act, 2001 and the Air Travellers Security Charge Act in order to implement two measures.
Division 1 of Part 3 amends the Excise Act and the Excise Act, 2001 in order to temporarily cap the inflation adjustment for excise duties on beer, spirits and wine at two per cent, for one year only, as of April 1, 2023.
Division 2 of Part 3 amends the Air Travellers Security Charge Act to increase the air travellers security charge that is applicable to air travel that includes a chargeable emplanement after April 2024 and for which any payment is made after April 2024.
Part 4 enacts and amends several Acts in order to implement various measures.
Division 1 of Part 4 amends the Bank Act to strengthen the regime for dealing with complaints against banks and authorized foreign banks by, among other things, providing for the designation of a not-for-profit body corporate to be the sole external complaints body. It also makes consequential amendments to the Financial Consumer Agency of Canada Act and related amendments to the Financial Consumer Protection Framework Regulations .
Division 2 of Part 4 amends the Pension Benefits Standards Act, 1985 to, among other things, provide for variable life benefits under a defined contribution provision of a pension plan and amends the Pooled Registered Pension Plans Act to, among other things, provide for variable life payments under pooled registered pension plans. It also makes a consequential amendment to the Canadian Human Rights Act .
Division 3 of Part 4 contains measures that are related to money laundering and to digital assets and other measures.
Subdivision A of Division 3 amends the Proceeds of Crime (Money Laundering) and Terrorist Financing Act to, among other things,
(a) require persons or entities referred to in section 5 of that Act to report to the Financial Transactions and Reports Analysis Centre of Canada information that is related to a disclosure made under the Special Economic Measures Act or the Justice for Victims of Corrupt Foreign Officials Act (Sergei Magnitsky Law) ;
(b) strengthen the registration framework for persons or entities referred in paragraphs 5(h) and (h.1) of the Proceeds of Crime (Money Laundering) and Terrorist Financing Act , which are often referred to as money services businesses;
(c) create two new offences relating to persons or entities who engage in activities for which they are not registered under that Act and the structuring of financial transactions undertaken to avoid reporting obligations under that Act, as well as a new offence relating to reprisals by employers against employees who fulfill obligations under that Act;
(d) facilitate the sharing, between the Minister of Finance, the Office of the Superintendent of Financial Institutions and the Financial Transactions and Reports Analysis Centre of Canada, of information that relates to their respective mandates; and
(e) authorize the Minister of Finance to issue directives to persons and entities referred in section 5 of that Act in respect of risks relating to the financing of threats to the security of Canada.
Subdivision A also amends the Budget Implementation Act, 2021, No. 1 in relation to the Proceeds of Crime (Money Laundering) and Terrorist Financing Act .
Subdivision B of Division 3 amends the Criminal Code to provide for a new warrant authorizing a peace officer or other person named in the warrant to search for and seize digital assets, including virtual currency, as well as to expand the list of offences on the basis of which an examination of information obtained by the Minister of National Revenue under various tax statutes may be authorized. The subdivision also makes related amendments to other Acts.
Division 4 of Part 4 amends the Customs Tariff to extend the expiry date of the General Preferential Tariff and Least Developed Country Tariff to December 31, 2034 and to create a new General Preferential Tariff Plus tariff treatment that will expire on the same date. The Division also aligns direct shipment requirements for tariff treatments under that Act with those that apply to free trade agreements.
Division 5 of Part 4 amends the Customs Tariff to remove Belarus and Russia from the List of Countries entitled to Most-Favoured-Nation tariff treatment.
Division 6 of Part 4 allows the Bank of Canada to apply, despite sections 27 and 27.1 of the Bank of Canada Act , any of its ascertained surplus to its retained earnings until its retained earnings are equal to zero or the ascertained surplus applied to its retained earnings is equal to the losses it incurred from the purchase of securities as part of the Government of Canada Bond Purchase Program.
Division 7 of Part 4 enacts the Canada Innovation Corporation Act . That Act continues the Canada Innovation Corporation, which was established under another Act, as a parent Crown corporation, sets out the Corporation’s purpose to maximize business investment in research and development across all sectors of the economy and in all regions of Canada to promote innovation-driven economic growth and includes transitional provisions. The Division also makes consequential and related amendments to other Acts.
Division 8 of Part 4 amends the Federal-Provincial Fiscal Arrangements Act to authorize additional payments to the provinces and territories.
Division 9 of Part 4 amends the Federal-Provincial Fiscal Arrangements Act to renew the authority to make Equalization and Territorial Formula Financing payments for another five-year period beginning on April 1, 2024 and makes a technical change to improve the accuracy of the programs. It also makes a technical change to the calculation of fiscal stabilization payments. Finally, it provides for the publication of the details of all amounts authorized to be paid under that Act.
Division 10 of Part 4 amends the Special Economic Measures Act , the Proceeds of Crime (Money Laundering) and Terrorist Financing Act and the Justice for Victims of Corrupt Foreign Officials Act (Sergei Magnitsky Law) to strengthen Canada’s ability to take economic measures against certain persons.
Division 11 of Part 4 amends the Privileges and Immunities (North Atlantic Treaty Organisation) Act to, among other things, enable the Paris Protocol to be implemented in Canada.
Division 12 of Part 4 amends the Service Fees Act to, among other things, clarify the definition “fee”, exempt certain fees from the application of that Act, make certain exceptions in that Act applicable only with the approval of the President of the Treasury Board, make certain changes to the annual adjustment provisions and provide authority for the President of the Treasury Board to amend the regulations made under section 22 of that Act by taking into account the factors established by regulations.
It also amends section 25.1 of the Canadian Food Inspection Agency Act to provide for the application of sections 16 to 18 of the Service Fees Act to low-materiality fees, within the meaning of the Service Fees Act , that are fixed under section 24 or 25 of the Canadian Food Inspection Agency Act .
Division 13 of Part 4 amends the Canada Pension Plan to allow the Minister of National Revenue to make available information to the Minister of Employment and Social Development that is necessary for the purpose of policy analysis, research or evaluation related to the administration of that Act.
Division 14 of Part 4 amends the Department of Employment and Social Development Act to grant the Minister of Employment and Social Development the authority to collect and use Social Insurance Numbers for the purposes of administering or enforcing any Act, program or activity in respect of which the administration or enforcement is the responsibility of the Minister.
Division 15 of Part 4 amends the Canada Labour Code in respect of leave related to the death or disappearance of a child to, among other things, increase the maximum length of that leave from 104 weeks to 156 weeks and to repeal paragraph 206.5(4)(b) of that Act.
Division 16 of Part 4 amends the Immigration and Refugee Protection Act to provide that a claim for refugee protection made by a person inside Canada must be made in person and, with regard to a claim made by the person other than at a port of entry, that the Minister of Citizenship and Immigration may specify the documents and information to be provided and the form and manner in which they are to be provided.
Division 17 of Part 4 amends the Immigration and Refugee Protection Act to clarify that the Minister of Citizenship and Immigration may give instructions in respect of an application to sponsor a person who applies for a visa as a Convention refugee, within the meaning of that Act, or as a person in similar circumstances.
Division 18 of Part 4 amends the College of Immigration and Citizenship Consultants Act to, among other things,
(a) provide that the College of Immigration and Citizenship Consultants may seek an order authorizing it to administer the property of any licensee of the College who is not able to perform their activities as an immigration and citizenship consultant;
(b) extend immunity against proceedings for damages to directors, employees and agents and mandataries of the College, among others;
(c) authorize the College to enter into information-sharing agreements or arrangements with any entity, including federal or provincial government institutions; and
(d) expand the areas in respect of which the Governor in Council may authorize the College to make by-laws.
The Division also makes related amendments to the Citizenship Act and the Immigration and Refugee Protection Act to clarify that any person who is the subject of a notice of violation issued under either of those Acts has the right to request a review of the notice or the administrative monetary penalty set out in the notice.
Division 19 of Part 4 amends the Citizenship Act to, among other things,
(a) grant the Minister responsible for the administration and enforcement of that Act the power to collect biometric information from persons who make an application under that Act — and to use, verify, retain and disclose that information — in accordance with the regulations;
(b) authorize that Minister to administer and enforce that Act using electronic means, including by using an automated system; and
(c) grant that Minister the power to make regulations requiring persons who make an application or who provide documents, information or evidence under that Act to do so using electronic means.
Division 20 of Part 4 amends the Yukon Act to authorize the Minister of Northern Affairs to take any measures on certain public real property that the Minister considers necessary to prevent, counteract, mitigate or remedy any adverse effect on persons, property or the environment.
Subdivision A of Division 21 of Part 4 amends the Marine Liability Act to, among other things,
(a) increase the maximum liability for certain claims involving a ship of less than 300 gross tonnage;
(b) establish the maximum liability for claims involving air cushion vehicles;
(c) remove all references to the Hamburg Rules;
(d) extend the application of the International Convention on Civil Liability for Bunker Oil Pollution Damage, 2001 to non-seagoing vessels;
(e) provide for public notice requirements relating to the constitution of limitation funds under that Act;
(f) clarify that the owner of a ship is liable for economic loss related to fishing, hunting, trapping or harvesting suffered by an Indigenous group, community or people or suffered by a member of such a group, community or people; and
(g) expand the compensation regime of the Ship-source Oil Pollution Fund to include certain future losses.
Subdivision B of Division 21 amends the Canada Shipping Act, 2001 to, among other things,
(a) expand the application of Part 1 of that Act in relation to certain pleasure craft;
(b) expand the exemption powers of the Minister of Transport and the Minister of Fisheries and Oceans;
(c) allow the owner of a Canadian vessel to enter into an arrangement with a qualified person under which that person is the authorized representative of the vessel;
(d) give the Marine Technical Review Board jurisdiction to make decisions on applications for exemptions from interim orders;
(e) authorize the Governor in Council to incorporate by reference in certain regulations material that the Minister of Transport produces;
(f) broaden the Governor in Council’s power respecting fees, charges, costs or expenses to be paid in relation to the administration and enforcement of matters under that Act for which the Minister of Transport is responsible;
(g) increase the maximum amount of fines for certain offences;
(h) provide authority, in certain circumstances, for the Chief Registrar to refuse to issue a certificate of registry and for the Minister of Transport to refuse to issue a pleasure craft licence;
(i) authorize the Governor in Council to make regulations respecting emergency services;
(j) authorize the Minister of Transport to, among other things,
(i) direct a master or crew member to cease operations,
(ii) authorize the Deputy Minister of Transport to make interim orders in response to risks to marine safety or to the marine environment, and
(iii) direct a port authority or a person in charge of a port authority or place to authorize vessels to proceed to a place selected by the Minister; and
(k) permit designating as violations the contravention of certain provisions of Parts 5 and 10 of that Act and the regulations made under those Parts.
The Subdivision also makes a related amendment to the Oil Tanker Moratorium Act .
Subdivision C of Division 21 amends the Wrecked, Abandoned or Hazardous Vessels Act to, among other things, establish the Vessel Remediation Fund in the accounts of Canada and provide the Minister of Fisheries and Oceans with certain powers in relation to the detention of vessels.
Division 22 of Part 4 amends the Canada Transportation Act to, among other things,
(a) allow the Governor in Council to require air carriers to publish information respecting their performance on their Internet site;
(b) permit the sharing of information to ensure the proper functioning of the national transportation system or to increase its efficiency, while ensuring the confidentiality of that information;
(c) allow the Minister of Transport to require certain persons to provide certain information to the Minister if the Minister is of the opinion that there exists an unusual and significant disruption to the effective continued operation of the national transportation system;
(d) establish a new zone in Manitoba, Saskatchewan and Alberta, in which any interswitching that occurs is subject to the rate determined by the Canadian Transportation Agency, for a period of 18 months; and
(e) broaden the scope of the administrative monetary penalties scheme.
Division 23 of Part 4 amends the Canada Transportation Act to, among other things,
(a) broaden the authority of the Canadian Transportation Agency to set fees and charges to recover its costs;
(b) replace the current process for resolving air travel complaints with a more streamlined process designed to result in more timely decisions;
(c) impose a greater burden of proof on air carriers where it is presumed that compensation is payable to a complainant unless the air carrier proves the contrary;
(d) require air carriers to establish an internal process for dealing with air travel claims;
(e) modify the Agency’s regulation-making powers with respect to air carriers’ obligations towards passengers; and
(f) enhance the Agency’s enforcement powers with respect to the air transportation sector.
Division 24 of Part 4 amends the Customs Act to, among other things,
(a) allow a person arriving in Canada to present themselves to the Canada Border Services Agency by a means of telecommunication, if that manner of presenting is made available at the customs office at which they are presenting themselves; and
(b) subject to the regulations, require that the operator of a commercial aircraft arriving in Canada ensure that baggage on board the aircraft is transported without delay to the nearest international baggage area.
The Division also makes a related amendment to the Quarantine Act .
Division 25 of Part 4 amends the National Research Council Act to, among other things, provide that the National Research Council of Canada may procure goods and services, including goods and services relating to construction and to research-related digital and information technology. It also establishes a new Procurement Oversight Board.
Division 26 of Part 4 amends the Patent Act to, among other things,
(a) authorize the Commissioner of Patents to grant an additional term for a patent if certain conditions are met;
(b) authorize the Governor in Council to make regulations respecting the number of days that is to be subtracted in determining the duration of an additional term; and
(c) authorize the Commissioner of Patents and the Federal Court to shorten the duration of an additional term if the duration as previously determined is longer than is authorized.
Division 27 of Part 4 amends the Food and Drugs Act to extend measures regarding therapeutic products to natural health products in order to, among other things,
(a) strengthen the safety oversight of natural health products throughout their life cycle; and
(b) promote greater confidence in the oversight of natural health products by increasing transparency.
Division 28 of Part 4 amends the Food and Drugs Act to, among other things, prohibit
(a) the sale of a cosmetic unless its safety can be established without relying on data derived from a test conducted on an animal that could cause pain, suffering or injury, whether physical or mental, to the animal, subject to certain exceptions;
(b) the conduct of a test on an animal that could cause pain, suffering or injury, whether physical or mental, to the animal if the purpose of the test is to meet a legislative requirement that relates to cosmetics; and
(c) deceptive or misleading claims, on the label of or in an advertisement for a cosmetic, with respect to testing on animals.
Division 29 of Part 4 enacts the Dental Care Measures Act .
Division 30 of Part 4 amends subsection 41(1) of the Canada Post Corporation Act , in response to the decision in R. v. Gorman , to limit the Canada Post Corporation’s authority to open mail other than letters.
Division 31 of Part 4 expresses the assent of the Parliament of Canada to the issuing by His Majesty of a Royal Proclamation under the Great Seal of Canada establishing for Canada the applicable Royal Style and Titles.
Division 32 of Part 4 amends the Public Sector Pension Investment Board Act to provide that the Public Sector Pension Investment Board may incorporate a subsidiary for the purpose of providing investment management services to the Canada Growth Fund Inc. It also amends the Fall Economic Statement Implementation Act, 2022 to increase the amount that may be paid out of the Consolidated Revenue Fund on the requisition of the Minister of Finance for the acquisition of shares of the Canada Growth Fund Inc. and to provide that the Canada Growth Fund Inc. is not an agent of His Majesty in right of Canada.
Division 33 of Part 4 amends the Office of the Superintendent of Financial Institutions Act , the Trust and Loan Companies Act , the Bank Act and the Insurance Companies Act to, among other things,
(a) expand the mandate of the Office of the Superintendent of Financial Institutions to include the supervision of federal financial institutions in order to determine whether they have adequate policies and procedures to protect themselves against threats to their integrity or security; and
(b) expand the Superintendent of Financial Institutions’ powers to issue directions to, and to take control of, a federal financial institution in certain circumstances.
It also makes a consequential amendment to the Winding-up and Restructuring Act .
Division 34 of Part 4 amends the Criminal Code to, among other things, lower the criminal rate of interest calculated in respect of an agreement or arrangement and to express that rate as an annual percentage rate. It also authorizes the Governor in Council, by regulation, to fix a limit on the total cost of borrowing under a payday loan agreement. Finally, it provides for transitional provisions.
Division 35 of Part 4 amends the Employment Insurance Act to extend, until October 26, 2024, the increase in the maximum number of weeks for which benefits may be paid in a benefit period to certain seasonal workers.
Division 36 of Part 4 amends the Canadian Environmental Protection Act, 1999 to, among other things,
(a) establish an account in the accounts of Canada to be called the Environmental Economic Instruments Fund, for the purpose of administering amounts received as contributions to certain funding programs under the responsibility of the Minister of the Environment; and
(b) replace references to “tradeable units” with references to “compliance units”.
It also makes consequential amendments to the Canada Emission Reduction Incentives Agency Act .
Division 37 of Part 4 amends the Canada Deposit Insurance Corporation Act to clarify that the Canada Deposit Insurance Corporation may administer any contract related to deposit insurance entered into by the Minister of Finance and to allow the Minister to increase the deposit insurance coverage limit until April 30, 2024.
Division 38 of Part 4 amends the Department of Employment and Social Development Act to, among other things,
(a) establish the Employment Insurance Board of Appeal to hear appeals of decisions made under the Employment Insurance Act instead of the Employment Insurance Section of the General Division of the Social Security Tribunal; and
(b) eliminate the requirement for leave to appeal decisions relating to the Employment Insurance Act to the Appeal Division of the Tribunal.
It also makes consequential amendments to other Acts.
Division 39 of Part 4 amends the Canada Elections Act to provide for a national, uniform, exclusive and complete regime applicable to registered parties and eligible parties respecting their collection, use, disclosure, retention and disposal of personal information.

Elsewhere

All sorts of information on this bill is available at LEGISinfo, an excellent resource from the Library of Parliament. You can also read the full text of the bill.

Votes

June 8, 2023 Passed 3rd reading and adoption of Bill C-47, An Act to implement certain provisions of the budget tabled in Parliament on March 28, 2023
June 7, 2023 Passed Concurrence at report stage of Bill C-47, An Act to implement certain provisions of the budget tabled in Parliament on March 28, 2023
June 7, 2023 Failed Bill C-47, An Act to implement certain provisions of the budget tabled in Parliament on March 28, 2023 (report stage amendment) (Motion 730)
June 7, 2023 Failed Bill C-47, An Act to implement certain provisions of the budget tabled in Parliament on March 28, 2023 (report stage amendment) (Motion 441)
June 7, 2023 Failed Bill C-47, An Act to implement certain provisions of the budget tabled in Parliament on March 28, 2023 (report stage amendment) (Motion 233)
June 7, 2023 Failed Bill C-47, An Act to implement certain provisions of the budget tabled in Parliament on March 28, 2023 (report stage amendment) (Motion 126)
June 7, 2023 Failed Bill C-47, An Act to implement certain provisions of the budget tabled in Parliament on March 28, 2023 (report stage amendment) (Motion 122)
June 7, 2023 Failed Bill C-47, An Act to implement certain provisions of the budget tabled in Parliament on March 28, 2023 (report stage amendment) (Motion 112)
June 7, 2023 Failed Bill C-47, An Act to implement certain provisions of the budget tabled in Parliament on March 28, 2023 (report stage amendment) (Motion 15)
June 7, 2023 Failed Bill C-47, An Act to implement certain provisions of the budget tabled in Parliament on March 28, 2023 (report stage amendment) (Motion 3)
June 7, 2023 Failed Bill C-47, An Act to implement certain provisions of the budget tabled in Parliament on March 28, 2023 (report stage amendment) (Motion 1)
June 6, 2023 Passed Time allocation for Bill C-47, An Act to implement certain provisions of the budget tabled in Parliament on March 28, 2023
May 2, 2023 Passed 2nd reading of Bill C-47, An Act to implement certain provisions of the budget tabled in Parliament on March 28, 2023
May 2, 2023 Failed 2nd reading of Bill C-47, An Act to implement certain provisions of the budget tabled in Parliament on March 28, 2023 (reasoned amendment)
May 1, 2023 Passed Time allocation for Bill C-47, An Act to implement certain provisions of the budget tabled in Parliament on March 28, 2023

Electoral Participation ActGovernment Orders

June 18th, 2024 / 1:25 p.m.
See context

Liberal

Chandra Arya Liberal Nepean, ON

Mr. Speaker, despite the growth in popularity of advance polls and special ballots, voting on polling day still remains the most popular option for how Canadians vote. That is why our government also wants to pave the way to make it easier and more convenient for those who vote on election day to eventually be able to vote at any polling station in their electoral district. This would shorten lineups for voting, provide more options for voting, make voting more convenient and allow election officers to make better use of their time. However, this significant change can only be done after the appropriate technology and procedures have been tested, to ensure the integrity of the voting process.

This is why Bill C-65 asks the Chief Electoral Officer to prepare two reports for Parliament on implementing voting at any polling station through a phased approach.

The first report, which must be tabled 120 days before the next fixed-date election, would outline the measures that would be put in place for the 2025 election, so that voters can vote at any table within their riding's polling station in 2025. This is a critical first step for voters, to be able to walk into their polling station and go to whoever is available to cast their ballot, rather than waiting in line based on alphabetical order of their last names. This is possible because Elections Canada has been testing the use of an electronic list of electors to ensure the success of this technology, including in the Durham by-election earlier this year.

The second report, to be tabled in 2027, would look at what is needed for voters to be able to vote at any polling station anywhere in their riding by 2029. This report would outline expected costs, new technology and any legislative amendments needed for full implementation. These are critical milestones toward giving electors the flexibility to be able to vote in person anywhere in their riding.

I also want to take a moment to highlight the targeted new initiatives that would make voting easier for post-secondary students, residents of long-term care facilities and electors who may require assistance in marking their own ballot, such as electors with disabilities.

For students, Bill C-65 would enshrine the vote on campus program that Elections Canada has offered in past general elections. Working with willing post-secondary institutions, as it did in 2015 and 2019, Elections Canada would set up offices on campus so that Canadian students studying anywhere in Canada would be able to easily vote for any candidate in the student's home riding during a general election. In 2015, close to 70,000 electors cast their votes through this initiative at 39 post-secondary campuses. In 2019, more than 110,000 electors voted at approximately 100 post-secondary campuses. Currently, an estimated 120 campuses across the country are set to host the program at the next general election.

With respect to residents in long-term care, the pandemic highlighted for all of us in this chamber the challenges faced by those residents when trying to vote. During the 2021 election, the Chief Electoral Officer rose to this challenge and established a process for those residing in long-term care facilities to vote safely. Bill C-65 would facilitate voting for the residents in long-term care homes across Canada, building on the success of the Chief Electoral Officer's temporary changes made in 2021.

First, returning officers would work with the staff of these facilities to identify the most convenient dates and times for residents to vote. Voting would continue to be 12 hours in total but could be spread over more than one day to take into account the specific needs of residents.

Second, proof of address would no longer be required for those residents choosing to vote in their long-term care facilities. Many residents have difficulty proving their residence because identity documents are often in the possession of family members, or they no longer have a driver’s licence, which is the most common proof of residence. This change removes an unnecessary obstacle to voting for those in long-term care.

In addition, the Canada Elections Act already permits electors to request and receive assistance at the polls, including to mark their ballot, from Elections Canada officials, friends or family. However, this assistance is currently limited to a friend, spouse or family member. Bill C-65 proposes to remove these restrictions and give electors the freedom to choose their assistant, including caregivers or personal support workers. To maintain both the integrity and the secrecy of the vote, a solemn declaration would continue to be required from the assistant. Election workers would also continue to be available to assist electors if needed.

The final measure to support participation in our electoral process that I will speak to is the proposal that the Chief Electoral Officer prepare a report for Parliament on a three-day election period for any general elections held in 2029 and beyond. This report would allow for a detailed consideration of the feasibility and the path forward, given the considerable operational shift and electoral integrity implications that a three-day election period would bring. It would also identify challenges and potential solutions for implementation.

The second key priority of Bill C-65 is further protecting the personal information of Canadians. In this day and age, personal information is a coveted commodity that must be protected, including in the electoral process and by federal political parties.

In order to do so, the government took a first step in 2018 through Bill C-76, the Elections Modernization Act, introducing the first-ever policy requirements as a condition of party registration. Another step was taken last year through Bill C-47, the Budget Implementation Act, 2023, to affirm that the Canada Elections Act is the exclusive and national regime applicable to federal political parties and those acting on their behalf.

Bill C-65 proposes to expand on these measures to better protect personal information. In order to be a duly registered political party with Elections Canada, each political party must already provide a policy on the protection of personal information. This condition of registration would be maintained, but Bill C-65 adds the following new privacy policy requirements.

Political parties must have the appropriate physical, organizational and technological safeguards, such as locked filing cabinets, in place and must restrict access to those who need it. It would ensure that suppliers or contractors who receive personal information from political parties have the equivalent safeguards in place. Parties must notify affected individuals in the event of a serious breach. It would also prohibit political parties from selling personal information, providing false or misleading information regarding why personal information is collected, and disclosing personal information to cause harm.

The privacy regime under the Canada Elections Act recognizes that outreach, communication and engagement between federal political parties and voters are essential to a healthy, modern democracy. Personal information is at the root of the dialogue between political parties and the Canadian electorate. It is therefore essential that this information be protected accordingly, which is exactly what Bill C-65 proposes to do.

Finally, I am proud to highlight the measures proposed in Bill C-65 to safeguard the electoral process.

This year is an important year for elections around the world. While Canada's next federal election is not scheduled until 2025, over 60 countries, encompassing almost 50% of the world's population, will have elections in 2024. I would like to highlight the elections that were just concluded this month in the largest democracy in the world, India, where about one billion people were eligible to vote, approximately 900-odd million, with about 60% turnout. I think the elections were held over a period of seven to eight weeks. Interestingly, I am told that it is proposed, going forward, that in the next general elections in India, the federal elections will be held simultaneously with about 32 states, 32 provinces, in India.

As I mentioned earlier, we are fortunate in Canada to have one of the most secure and reliable electoral systems in the world. Canada's electoral system is grounded in accessibility, fairness and integrity through the Canada Elections Act. Canadians have confidence in their electoral system. In a survey by Elections Canada following the 44th general election, 82% of participants felt that Canada's voting system was safe and reliable. Yet, Canada's democracy, like other democracies globally, is being tested. Rising security threats that undermine the credibility of democratic elections include foreign interference, disinformation, the misuse of evolving technologies and the threat against its participants.

To address these concerns, Bill C-65 introduces a series of amendments to the Canada Elections Act to further protect the integrity of the electoral system from these threats.

The Canada Elections Act already has strong and wide-ranging measures to help counter these threats to the electoral system. However, as the threats evolve, so too must our response. Currently, certain provisions of the Canada Elections Act apply only during elections. Since people and entities with ill intentions do not limit their activities to a specific time frame, Bill C-65 would expand certain provisions beyond the election period. This includes expanding existing bans so that they are not limited to the election period, specifically those against foreign influence on an elector to not vote or to vote in a certain way, and misleading publications that falsely purport to be from someone they are not, such as the Chief Electoral Officer or a political party.

Like all my hon. colleagues in this House, I have great faith in, and a deep appreciation for, Canada and its democratic institutions. Bill C-65 would further strengthen Canada's world-renowned electoral system, which is at the heart of our democratic system.

Report StageBudget Implementation Act, 2024, No. 1Government Orders

June 17th, 2024 / 1:30 p.m.
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Conservative

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.

Bill C-69—Time Allocation MotionBudget Implementation Act, 2024, No. 1Government Orders

June 17th, 2024 / 12:05 p.m.
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Conservative

Blaine Calkins Conservative Red Deer—Lacombe, AB

Madam Speaker, Budget Implementation Act, 2023, No. 1, Bill C-47, made numerous changes to the Food and Drugs Act, redefining what a therapeutic product is. We now see, in Bill C-69, that there are again further amendments to the Food and Drugs Act. There do not appear to be any appropriations in the budget whatsoever that actually require more spending for Health Canada or for the natural health directorate.

I am wondering why the government is continuing to put major changes into how natural health products are governed and regulated in this country, through budget implementation acts, when there is no budget appropriation for it.

Why are they doing this omnibus backdoor approach, instead of actually consulting with the industry, and leaving them blindsided by these budget changes?

June 3rd, 2024 / 11:30 a.m.
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Conservative

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?

June 3rd, 2024 / 11:30 a.m.
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Conservative

Blaine Calkins Conservative Red Deer—Lacombe, AB

My assessment of the minister's arguments in using nicotine pouches and flavoured vaping products as a rationale for this power grab, both in Bill C-47 and in Bill C-69, is that they're a bit of a red herring.

Under the Food and Drugs Act as it existed even before Bill C-47, Health Canada has the ability to stop the sale of any product it deems unsafe. It has the ability to seize any product. It has the ability to stop any personal use imports across the border if it wants to. It could mandate a label change, adding any warnings that it wants to, and it can withdraw any natural product number. It actually approves a natural product number in the first place, and it has the power therein to withdraw a natural product number.

Is the issue actually the regulated use and sale of these nicotine pouches or is it actually the contraband sale of these nicotine pouches?

June 3rd, 2024 / 11:25 a.m.
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Conservative

Blaine Calkins Conservative Red Deer—Lacombe, AB

Thank you, Chair.

I will start my questions with Mr. Buckley.

Going back, Bill C-69 is a budget implementation act. It's not an actual act tabled by the health minister. It's an act tabled by the finance minister. These are substantive changes to the Food and Drugs Act. This follows on the heels of other substantive changes to the Food and Drugs Act passed last year in the budget implementation act bill, Bill C-47.

Do you and your organization have any comments for this committee about the appropriateness of having these discussions in a finance committee rather than tabling an individual piece of legislation that specifically deals with health and can be scrutinized and vetted through the appropriate channels here in our Parliament?

May 31st, 2024 / 10:20 a.m.
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Conservative

Blaine Calkins Conservative Red Deer—Lacombe, AB

Thank you, Chair.

My question is to the Health Food Association. Thank you for your presentation.

I just want to be clear about one part of your presentation. You said that Health Canada snuck these changes in Bill C-47 and Bill C-69. Actually, when officials from Health Canada appear at Parliament, they sit exactly where you're sitting right now. It would be the health minister advising the finance minister to put these changes into this piece of legislation. Health Canada wouldn't be able to table any legislation at all. It's MPs and ministers and the government that tables these things.

I want to talk a little bit about the health minister's defence of using Bill C-47 and now Bill C-69 and claiming that Health Canada needs powers to stop, I think, a particular example of a product that they're talking about. I want to go through the current set of powers that Health Canada has.

Does Health Canada currently have the power to issue a stop sale on any natural health product in Canada?

May 31st, 2024 / 10:05 a.m.
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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.

May 23rd, 2024 / 6:30 p.m.
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Liberal

Brendan Hanley Liberal Yukon, YT

I'll cut in here, because I want to hear from Mr. Bleskie before my time is up.

Mr. Bleskie, you may have noted that Yukon Territory was the first jurisdiction in 2020 to cover CGM. Other provinces have now come on board with that. When you look at the piecemeal approach versus a coordinated national approach, how do you feel about doing better with a coordinated national approach, incorporating Bill C-47 into this?

May 23rd, 2024 / 4:35 p.m.
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Liberal

Brendan Hanley Liberal Yukon, YT

Thank you.

If I can, I'll quickly squeeze in a third question.

You talked about your previous role with the Heart and Stroke Foundation, and you did I think some really excellent work there. The Heart and Stroke Foundation, in their briefing note, pointed out that almost one in 10 people in Canada are visiting an emergency room due to a worsening health issue because they are not able to afford their prescriptions.

Bill C-47, I think, is going to try to help address this gap. Can you comment very quickly on that?

May 23rd, 2024 / 4:35 p.m.
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Liberal

Brendan Hanley Liberal Yukon, YT

Thanks.

On your latter point, you and I actually just had a discussion with one of the family doctors from Yukon who is an expert in reproductive health care and also a passionate advocate for access to reproductive health care. You said in your opening remarks that Bill C-47 really provides an opportunity for us to talk more about sexual health, about access to sexual health and reproductive health care. Maybe I'll give you a little more space to talk about how important this topic is.

Food and Drugs ActPrivate Members' Business

May 22nd, 2024 / 6:30 p.m.
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Conservative

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.

Food and Drugs ActPrivate Members' Business

May 22nd, 2024 / 5:45 p.m.
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NDP

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.

Food and Drugs ActPrivate Members' Business

May 22nd, 2024 / 5:35 p.m.
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Bloc

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—

Second readingPharmacare ActGovernment Orders

May 6th, 2024 / 5:35 p.m.
See context

Conservative

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.