BILL C-51 & Natural Health Care
Note: Parliament has adjourned for the summer and reconvenes in
mid-September...
Bill C51 is the Conservative government's proposed amendments to
the Food and Drugs Act. Widespread concern that the new language in
the Bill would threaten access to natural health care products in
Canada has led to a major outcry and consequently, several key
promises from the government.
The most important concession has been the promise to explicitly
acknowledge Natural Health Products as a third and distinct
category from Food or Drugs. As well, the government has promised
that natural health products will not be governed under Bill C-51,
but continue to be regulated through the Natural Health Products
Regulations section of the Food and Drugs Act.
The BC Compassion Club would like to invite members and the public
to continue tracking this Bill as it makes its way through
Committee and back to the House for final vote to ensure these
promises are honoured. The outpouring of concern over this Bill is
an ample demonstration of the role that natural health care
practices and products play in Canadian's lives and our society.
You can
read
the Bill here, or check out the
Natural
Health Product Regulations or have a look at
the
Food and Drugs Act here.
The crux of the concerns with Bill C51 revolve around the changing
of language in the Food and Drugs Act, which would replace the word
"drug" with the term "therapeutic product" throughout the Act.
While natural healthcare products (NHPs) are not explicitly named
in the new definition, there is wide concern that the term
"therapeutic product" is sufficiently broad that new amendments to
the Act would be applied to them.
The primary concerns with Bill C-51, if applied to natural health
products, are:
1) Pharmaceutical Standards for Regulating NHPs
By demanding that all "therapeutic products" meet the standards
previously applied to pharmaceutical "drugs", it would place
natural health products under a much more stringent regulatory
environment, despite the fact they are generally much less risky
than pharmaceutical drugs and may indeed have a long tradition of
usage already.
More natural-product licence would then likely fail their
applications to be licensed. The Natural Health Products Protection
Association (NHPPA) predicts that up to 70 percent of natural
health products would fail the licensing process and then become
illegal. This has been interpreted as a play by the pharmaceutical
lobby to shut out the natural health industry by having onerous
licensing requirements placed on them, less likely to be afforded
by the multitude of small companies which make up the natural
health industry.
2) Inspection and Seizure Powers Expanded
Section 23 of the Bill gives inspectors powers to enter private
property without a warrant (unless a private living space, which
requires a warrant) on behalf of enforcing regulations. The section
gives inspectors the right to examine and test anything, as well as
seize, take samples, or make copies of paperwork and computer
files. Inspectors may confiscate property at the owner's cost;
dispose of the property at their discretion, at owner's cost;
charge the owner for shipping and storage of their property; or
store property indefinitely without compensating for damages.
3) Minister's Power to Authorize
Sections 18 & 19 give the Minister of Health personal
authority to issue or revoke authorizations without further process
of appeal.
4) Definition of "government" expanded
Section 30.7 of the Bill allows for the changing of regulations to
"incorporate by reference documents" from an "industrial or trade
organization" or a "government". Meanwhile, "government", as
defined under the Bill, can include institutions such as "a
corporation", "a government of a foreign state or of a subdivision
of a foreign state", or "an international organization of states".
The concern here is that regulations could be changed behind closed
doors in collaboration with foreign governments or industrial and
trade organizations, without consideration for public input.
5) Harsher penalties
Maximum fine for indictable offence proposed in Bill C-51
increases from $5,000 to $5 million as well as a maximum of 2 years
in jail.
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