44th Parl. 1st Sess.
March 25, 2022
- This bill, titled "An Act to amend the Federal-Provincial Fiscal Arrangements Act and to authorize certain payments to be made out of the Consolidated Revenue Fund," is aimed at making changes to the Federal-Provincial Fiscal Arrangements Act and allowing for certain payments to be made from the Consolidated Revenue Fund.
The purpose of this bill is to authorize additional payments to the provinces and territories. It also allows for payments to be made from the Consolidated Revenue Fund to address transit shortfalls and needs, as well as improve housing supply and affordability.
Overall, this bill aims to provide financial support to the provinces and territories, particularly in the areas of transit and housing, in order to address existing gaps and improve the availability and affordability of housing.
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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.
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Madam Speaker, I am pleased to rise at report stage to discuss the changes that were made to the bill at committee and a further change that I am proposing in the House at report stage.
I think often, when we reflect on budget bills and we talk about omnibus budget bills, we think of the experiences Parliament has had under majority governments with omnibus budget bills, where we have seen quite a lot of changes to many acts rammed through without a lot of discussion or debate because the government had the majority in order to be able do that.
I think we actually saw quite a different process in this Parliament with the budget bill. This is reflected in the fact that the committee made significant changes to the disability tax credit, which would make it possible for people living with type 1 diabetes to not have to constantly reprove that they still have type 1 diabetes, that it is still expensive and that it is still time-consuming. We can take it for granted, based on what we know about the disease, that people living with type 1 diabetes are going to continue to need support, and they will continue to deserve the kind of support they get. When they are able to accomplish all of that administrative work, they should only have to do it once. The committee looked to make that the case, and I hope Parliament will soon too.
We saw the government introduce quite hastily some major changes to the employment insurance appeal board that did not reflect its commitments in 2018 and 2019 to stakeholders. After a long consultation process, the government was panned pretty widely within the stakeholder community. I think even the government was interested in pulling those provisions back. We have secured a commitment from the government to ensure it comes back in the fall with new legislation and that this is not the end of the story when it comes to the EI appeal board. It is in desperate need of appropriate reform. We were glad to see the government commit to bringing that legislation forward in the fall. We will certainly be here to remind it of that commitment and to press it to do that as promptly as possible in the fall.
We saw important reforms in the direction and control provisions for charitable organizations. These really needed to be undertaken to decolonize the charitable sector in Canada, facilitate its good work and ensure it can work with partners that may not have a charitable status but that are nevertheless doing good work. I think this shows not a blind trust but an earned trust on the part of the charitable sector in Canada for the very good work it has done, and done responsibly. I think we struck the right balance between ensuring that there is still the reasonable accountability that Canadians would expect of their charitable sector while ensuring that it has a freer hand to do work in a good way.
We saw the government also try to rush in some changes that had not been advertised with the express entry system. The express entry system allows for people outside of Canada to come into Canada on an expedited basis. The minister was asking for an incredible amount of discretion with a very low amount of accountability and transparency concerning how decisions would be made to classify people in the express entry system and get them into the country. Through working together with other parties at committee, we were very glad to see, and I have to give credit to the member for Vancouver East, who really did the legwork on this, a proper accountability regime that would require the government, in the legislation, to have a robust public consultation process. This is actually spelled out in the legislation and will not be left just to the government to decide what public consultation will mean. Written submissions would be required, so it would not just be the government having backroom conversations with some of its friends to decide who gets into the country, who does not and on what basis. There is going to be a proper process in place. I think that is very important.
On the theme of fiscal accountability for government, which is something I have tried to champion here in my time, there was some spending the government had proposed in Bill C-17, which was incorporated into the budget, with transit and housing money being sent to provinces. however, there was really no detail beyond that. We fought for an amendment that would require the government, after it has negotiated the terms and conditions with provinces, to make those public because we think that is appropriate. Canadians have a right to know how their public money is being spent and under what conditions it is being passed on to other governments, so that was also very important.
As the Conservative finance critic mentioned earlier, there was also an amendment he proposed to set the date for when the foreign homebuyer ban would come into effect, which was something I was glad to support, to give a little more certainty with that. We were also able to finally make a distinction in Canadian law, as a result of an amendment put forward by the Bloc finance critic, between cider and honey wine on the one hand and grape wine on the other, which is a distinction that has become that much more important in light of the recent arrangement with Australia following its challenge at the World Trade Organization.
I say all of this by way of trying to highlight the extent to which there was a good process with the bill. I think that the committee was able to have much more meaningful input than parliamentarians who had been in majority governments where we have seen similarly large budget bills and, in fact, sometimes larger budget bills that covered more subject areas. I think we were able to have quite a good process here at committee.
I will wrap up by talking about the luxury tax, which was something we did amend at committee. We have heard some very significant concerns on the structure the Liberal government has chosen for the luxury tax and the potential effects it could have, particularly on the manufacturing industry in aerospace here in Canada. These are concerns that New Democrats take very seriously, and I know that members of other parties take those concerns very seriously as well. What we proposed as a solution was to give the government more flexibility on the coming-into-force date so it could take the time it needs to talk to industry about these potential effects.
We still have a dearth of good economic information from government on what it expects the economic impact of the tax to be. It is something that a colleague of mine at the finance committee has proposed to look into more and ask for more information, and I fully support that request. I fully expect the government to be listening to that; taking that information seriously; generating that information, which is information I think it ought to have generated before designing the tax; and talking to industry. There is still time, and if we pass the amendment that I proposed here at report stage, there would be even more time, if the government needed it, to get the structure of the tax right.
There is no question from this side of the House that the wealthy in Canada have not been paying their fair share. A luxury tax is one way to ensure that people with the most resources in Canada are paying back into the programs we need in order to make sure that people have access to essential services on the basis of equity and not the ability to pay. It is important that we move ahead with the luxury tax, but we want to do that in the right way, and we want to create enough space for government to be able to do that in the right way. We beseech the government to listen, to think about the timetable and to develop a better proposal that would address some of the very legitimate concerns we have heard coming out of the industry. As I said, we are trying to pave the way to do that.
Now, there was some debate at committee about whether this or that was in order. The Chair of the committee, who had ruled the particular amendment out of order, had his ruling overturned unanimously. Nobody voted to sustain the ruling of the Chair. When it came to the House, I think there was a little bit of surprise that the issue resurfaced. However, I think that we have managed to change the wording of the amendment to respect the Speaker's ruling in that regard to be consistent with the ways and means motion that had been presented in advance of Bill C-19.
We now have a solve that would allow us to change those coming-into-force provisions to give the government the extra time it needs to work with industry to get the balance right on the luxury tax, which is why I am very happy to be rising today speaking to that amendment. It would have been, frankly, a travesty if a procedural hiccup, which was unforeseen and for which no warning was provided, would have such a serious consequence for an important strategic industry in Canada. I am glad that here on the floor of the House of Commons we are finding a way to avoid having our procedural eccentricities interfere with a major industry that provides a lot of good jobs for Canadians.
With that, I thank members for their attention throughout the speech, and I am happy to answer any questions they may have.
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moved for leave to introduce Bill C-17, An Act to amend the Federal-Provincial Fiscal Arrangements Act and to authorize certain payments to be made out of the Consolidated Revenue Fund.
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