By Irene Hayton
Bill C-51 is a bill that is being debated in the House of Commons. It proposes changes to the Food and Drugs Act that may detrimentally impact consumer freedom to purchase from amongst a variety of safe, affordable natural health products. We strongly urge you to get involved in this issue ASAP.
The following information was sent to us from HANS (Health Action Network Society). Founded in 1984, HANS is a membership-based, non-profit charitable organization dedicated to gathering and disseminating health promotion information. (See also the website for the NHPPA—Natural Health Products Protection Association—at www.nhppa.org and the website for the BCNA—British Columbia Naturopathic Association—at www.bcna.ca for more information on this important issue.)
Bill C-51 passed first reading on April 8, 2008 and—as of May 13, 2008, and contrary to some confusion—has not yet passed second reading. The Bill is still being debated within the House of Commons, as stated in its status report: http://www.parl.gc.ca/LEGISINFO/index.asp?Language=E…
Letters to politicians and the media have succeeded in raising public and political awareness about Bill C-51. HANS continues to urge members and consumers of natural health products to raise their concerns about the Bill (see How to Get Involved, below).
Responses from MPs have varied from offering assurances about the benefits of the Bill to, conversely, echoing constituent concerns. Accordingly, we are including (below) valuable links for more in-depth information and discussion points on Bill C-51 that should be raised with politicians and all concerned parties.
Here are a few specific points of discussion about Bill C-51:
The Bill would redefine natural health products, cosmetics, medical devices and cells, tissues and organs as “therapeutic products”.
HANS is concerned that this definition ignores the fundamental differences between natural health products (NHPs) and drugs, including the historical efficacy and relatively low safety risks of NHPs.
The Bill would bestow greater powers on Health Canada and federal inspectors to enforce regulations and demand industry compliance.
HANS is concerned that, given our ongoing tumultuous NHP regulations (see backgrounder below) and the fact that a significant percent of products technically have and will become illegal as a result of our existing regulations, the Bill will encourage unnecessary enforcement and reduce product availability.
Bill C-51 would allow Health Canada to implement regulations and standards set by (non-Canadian) bodies, agencies, organizations, industrial or trade organizations and governments.
HANS is concerned that this opens the door to restrictive standards and guidelines such as CODEX Alimentarius Commission, which may limit nutritional supplement dosages and detrimentally affect purchasing patterns of consumers. HANS is equally concerned that, under the guise of strategic harmonization, international agendas related to functional foods and natural health products could be imposed on Canadians without necessary public scrutiny and input.
Regulations Background Information
In the late 1990s, the 53 recommendations put forward by then federal Minister of Health Allan Rock and the Standing Committee on Health were intended to ensure natural health products (NHPs) were regulated in a way that recognized their uniqueness from pharmaceutical drugs; a third category for NHPs was proposed—and promised—at that time.
Instead, NHPs have been regulated as a subsection within the drug category. Although they have been given a Natural Health Products Directorate (NHPD), they still fall within a pharmaceutical-type framework that has created considerable strain on manufacturers and distributors, and has resulted in serious delays and the rejection of more than 60 percent of product licenses for NHPs (as noted on the NHPD website).
It’s estimated that as high as 75 percent of licenses for NHPs will be rejected, after which time it’s unclear how many will be submitted for reapplication. Products sold without a license are, in effect, illegal. Products are supposed to be voluntarily removed, or subject to Health Canada enforcement. It is into this existing regulatory reality that Bill C-51 has been injected.
HANS is of the opinion that Bill C-51′s implications towards the natural health products industry and Canadians who use natural health products (NHPs) should be deeply considered if the Bill is allowed to progress in the legislative process.
Shawn Buckley, LLB, is president of the Natural Health Products Protection Association (NHPPA) and keynote speaker at a public event on June 2, 2008, in Vancouver, cosponsored by HANS and Common Ground Magazine. Buckley, in a recent statement, summarizes the situation:
Since 2004, when the Natural Health Product Regulations were introduced, natural health products have been increasingly threatened. The new Regulations were Health Canada’s response to consumer demands for the government to protect their access to natural health products. The Regulations have had the opposite effect.
To “legally” sell a health product, the new Regulations impose a licensing requirement. The problem is that 60 percent of license applications have failed. These have been the “easy” applications. Expectations are that 70 to 75 percent of applications will fail. For the natural health products community, this means that 75 percent of natural health products that we rely upon for our health will become illegal.
This creates the following scenario:
- 75 percent of natural health products will become illegal.
- Illegal products must be voluntarily removed or be subject to Health Canada enforcement.
- Health Canada has publicly announced it is hiring more enforcement officers and is holding recruitment meetings at universities.
- Bill C-51 gives Health Canada unprecedented enforcement tools to force natural health products off the market.
How to Get Involved
1) Contact your Member of Parliament ASAP.
Inform him/her that:
- you are opposed to Bill C-51 due to its implications for the natural health products industry;
- you want him/her to vote against Bill C-51;
- you want your access to natural health products protected.
To find out who your MP is, search by postal code at:
http://www2.parl.gc.ca/Parlinfo/Compilations/HouseOf…
2) Send a copy of your e-mail to nhp@hans.org. (We are encouraging e-mails due to time constraints BUT a handwritten, hand-signed letter as per #9 is equally if not more important.)
3) Support HANS by joining as a member for $35 a year. Memberships and donations are the primary source of funding that enables us to do this work. Sign up online at www.hans.org. Or, make a tax-deductible donation to HANS; every bit of support helps.
4) Forward this information to everybody you know and request that they do the same.
5) Sign up for the HANS e-News, a free service via www.hans.org, in which we will be including Bill C-51 updates.
6) Phone your MP and the Prime Minister’s Office to voice your concerns.
Dial toll-free 1-866-599-4999 and ask to be transferred to any MPs office. The hours of this service are:
Monday – Thursday, 8:30 – 6:00 pm Eastern standard time
Friday only, 8:30 – 5:00 pm Eastern Standard time
Stephen Harper’s phone numbers are (613) 992-4211 and (403) 253-7990.
Tony Clement’s phone numbers are (613) 944-7740 and (705) 746-9053.
7) Introduce this issue to your local media. (see some media coverage links below)
8 ) On June 2, 2008, attend the “Endangered Natural Health Products” public event in Vancouver, co-hosted by HANS and Common Ground Magazine
Speaker: Shawn Buckley, LLB and president of the Natural Health Products Protection Association
When: Monday June 2, 2008 7-9 pm
Where: St Andrew’s – Wesley Church, 1022 Nelson Street, Vancouver
FREE to HANS pre-registered Members, $5 at the door for non-registered Members and HANS Non-members. Register at www.hans.org or call 604-435-0512
9) Also write a handwritten letter to:
- your local MP;
- Prime Minister Stephen Harper;
- Tony Clement, Minister of Health.
You can send your letters without postage to:
(Name of person)
House of Commons
Ottawa, ON
K1A 0A6
10) Get more information
Read Bill C-51:
http://www2.parl.gc.ca/HousePublications/Publication…
Read a Draft Discussion Paper on Bill C-51 by Shawn Buckley, lawyer and president of the Natural Health Products Protection Association: http://www.nhppa.org/
Read the Canadian Health Food Association’s Backgrounder and Facts on Bill C-51:
http://www.chfa.ca/media/pdf_files/what%20is%20bill%…
AND
http://www.chfa.ca/media/pdf_files/backgrounder%20on…
Read the Canadian Health Food Association’s Media Release Calling for an amendment to Bill C-51.
http://www.chfa.ca/media/pdf_files/natural%20health%…
Read Bill C-51 April 30, 2008 House of Commons Debate transcript (Use Next Feature on site to follow the debate as the days pass):
http://www2.parl.gc.ca/HousePublications/Publication…
Or, Search Debate Transcript for Bill C-51 Here:
http://www2.parl.gc.ca/housechamberbusiness/ChamberP…
50 international scientists, physicians and associated health practitioners are calling upon Canada’s Health Minister to reconsider its plan to amend the Food and Drugs Act (Bill C-51).
http://www.newswire.ca/en/releases/archive/May2008/0…
Watch this video:
http://www.jameslunneymp.ca/video.htm
Recent Media Stories
Global TV; Vancouver Bill C-51 Rally, May 10, 1008
Including interview with HANS Executive Director Lorna Hancock
http://canwest.a.mms.mavenapps.net/mms/rt/1/site/can…
Bill C-51 Threatens Choices in Healthcare, Say Critics
http://www.canada.com/abbotsfordtimes/news/story.htm…
Natural Health Products Unfairly Hit, Critics Say
http://www.canada.com/vancouversun/news/arts/story.h…
Criticisms of Natural Health Products Bill C-51 Mounts
http://www.cbc.ca/health/story/2008/05/09/bill-c51.h…
Changes to Food, Drug Laws Greeted with Suspicion
http://www.pentictonherald.ca/top_story.php?id=10859…
Natural Health Care Industry Rebuked over Claims about New Bill
http://www.canada.com/calgaryherald/news/reallife/st…
Herbal Remedy Industry Wary of Bill
http://www.canada.com/vancouversun/news/story.html?i…