ENVI Committee Meeting

The Standing Committee on Environment and Sustainable Development met at 11:10 a.m. this day, in Room 362, East Block, the Chair, Bob Mills, presiding.

The Committee resumed its clause-by-clause study of the Bill.

“3. The Governor in Council shall, within 12 months after the coming into force of this Act, make an order under section 6 of the Hazardous Products Act to add to Part I of Schedule I to that Act products whose reasonably forseeable use involves the product being brought into contact with the mouth of a child of less than three years of age and that contain bis(2-ethylhexyl)phthalate.”

By unanimous consent, the amendment was allowed to stand.

By unanimous consent, Clause 3 was allowed to stand.

On new Clause 2.1,

“2.1 For the purpose of this Act, a product or device shall not be considered to contain bis(2-ethylhexyl)phthalate, benzyl butyl phthalate or dibutyl phthalate if the amount of that phthalate in the product or device is less than 0.1% of the product’s or device’s mass.”

After debate, the question was put on the amendment of Mark Warawa and it was agreed to.

On new Clause 2.2

“2.2 In the administration of this Act, the Government of Canada shall apply the precautionary principle that, where there are threats of serious or irreversible damage, lack of full scientific certainty shall not be used as a reason for postponing cost-effective measures to prevent environmental degradation.”

Debate arose thereon.

Geoff Regan moved, — That the amendment be amended by adding the words “adverse health impacts or” after the word “prevent”.

After debate, the question was put on the subamendment of Geoff Regan and it was agreed to.

The question was put on the amendment of Nathan Cullen, as amended, and it was agreed to.

“3. The Governor in Council shall, within 12 months after the coming into force of this Act, make an order under section 6 of the Hazardous Products Act to add to Part I of Schedule I to that Act products whose reasonably forseeable use involves the product being brought into contact with the mouth of a child of less than three years of age and that contain bis(2-ethylhexyl)phthalate.”

By unanimous consent, the amendment was withdrawn.

“3. Within 12 months after the coming into force of this Act, the Minister of Health shall, taking into account the precautionary principle set out in section 2.2, recommend to the Governor in Council that regulations be made under subsection 30(1) of the Food and Drugs Act respecting cosmetics that contain bis(2-ethylhexyl)phthalate, and the Governor in Council shall, within that period, make the regulations.”

After debate, the question was put on the amendment of Mark Warawa and it was agreed to.

Clause 3, as amended, carried.

On new Clause 3.1,

“3.1 Within 12 months after the coming into force of this Act, the Minister of Health shall, taking into account the precautionary principle set out in section 2.2, recommend to the Governor in Council that an order be made under section 6 of the Hazardous Products Act to add to Part I of Schedule I to that Act products whose use involves the product being brought into contact with the mouth of a child of less than three years of age and that contain bis(2-ethylhexyl)phthalate, and the Governor in Council shall, within that period, make the order.”

After debate, the question was put on the amendment of Mark Warawa and it was agreed to.

On new Clause 3.2,

“3.2 Regulations made under paragraph 3 shall not come into force until three years after the day on which they are made.

(2) After the coming into force of the regulations made under paragraph 3(c), the Governor in Council may grant a three-year exemption for medical devices under subparagraph 3(c)(ii) if it can be shown that there is no alternative available on the market

(a) that meets the required technical specifications for use;

(b) whose cost per unit does not exceed by more than 20% the cost per unit of the medical device currently in use; or

(c) that has been approved for safe use in Canada or another jurisdiction.

(3) The rationale on which a decision is made under subsection (2) shall be transparent and publicly available.”

Debate arose thereon.

By unanimous consent, the amendment was withdrawn.

“3.2 The Minister of the Environment and the Minister of Health shall, within 12 months after the coming into force of this Act, reassess benzyl butyl phthalate (BBP) and dibutyl phthalate (DBP) under the Canadian Environmental Protection Act, 1999. The reassessment shall include the level of benzyl butyl phthalate (BBP) and dibutyl phthalate (DBP) in consumer products and cosmetics and the cumulative effects of benzyl butyl phthalate (BBP) and dibutyl phthalate (DBP).”

After debate, the question was put on the amendment of Nathan Cullen and it was negatived, by a show of hands: YEAS: 1; NAYS: 10.

“3.2 The Minister of Health shall

(a) within three months after the coming into force of this Act, finalize the Department of Health’s position paper on bis(2-ethylhexyl)phthalate in medical devices;

(b) within 12 months after the coming into force of this Act, publish a document concerning the labelling that is necessary to comply with the requirements of the Medical Devices Regulations in relation to the risks inherent in medical devices that contain bis(2-ethylhexyl)phthalate;

(c) within 24 months after the coming into force of this Act, require the labelling of medical devices that contain bis(2-ethylhexyl)phthalate;

(d) facilitate the drafting by health professionals associations and hospital associations of clinical practice guidelines respecting the use of medical devices that contain bis(2-ethylhexyl)phthalate and to have the drafting of those guidelines completed within 33 months after the coming into force of this Act;

(e) within 18 months after the coming into force of this Act, prepare a list of medical devices that do not contain bis(2-ethylhexyl)phthalate that are sold in or imported into Canada; and

(f) consider for priority review, applications for medical devices licences where information obtained during the application process discloses that the medical devices do not contain bis(2-ethylhexyl)phthalate.”

Debate arose thereon.

Bernard Bigras moved, — That the amendment be amended by deleting paragraph (d).

After debate, the question was put on the subamendment of Bernard Bigras and it was negatived, by a show of hands: YEAS: 2; NAYS: 9.

Nathan Cullen moved, — That the amendment be amended by adding in paragraph (e) after the word “Canada” the following:

“and list the DEHP-containing medical devices these devices can replace ”

After debate, the question was put on the subamendment of Nathan Cullen and it was negatived, by a show of hands: YEAS: 1; NAYS: 10.

After debate, the question was put on the amendment of Mark Warawa and it was agreed to.

On new Clause 3.3,

“3.3 The Minister of the Environment and the Minister of Health shall, within 24 months after the coming into force of this Act, have completed a reassessment, under the Canadian Environmental Protection Act, 1999, benzyl butyl phthalate and dibutyl phthalate. The re-assessment shall include a consideration of their exposure through the use of consumer products, including cosmetics, and a consideration of the cumulative effects of those phthalates on humans.”

After debate, the question was put on the amendment of Mark Warawa and it was agreed to.

Clause 4 was negatived.

On Title,

“An Act respecting bis(2-ethylhexyl)phthalate, benzyl butyl phthalate and dibutyl phthalate”

After debate, the question was put on the amendment of Mark Warawa and it was agreed to.

The Title, as amended, carried.

The Bill, as amended, carried.

ORDERED, — That the Chair report the Bill,as amended, to the House.

ORDERED, — That Bill C-307, as amended, be reprinted for the use of the House at report stage.

At 1:26 p.m., the Committee adjourned to the call of the Chair.