Madam Speaker, it is a pleasure to rise here today to speak to Bill S-214, an act to amend the Food and Drugs Act.

I want to congratulate the hon. member for Sarnia—Lambton, not only for sponsoring the bill, which originated in the other place, but for the co-operative approach she has adopted in ensuring that the legislation would achieve its objectives in a way that could be supported by both the animal advocacy community and the industries being regulated. Too often, these initiatives, which most of us support, digress into combative false dichotomies that pit one group against the other, to the detriment of the overall objective. That may be a useful exercise in terms of attention and fundraising, but it does not serve the public interest well and it does not serve public policy goals well. In many cases, it actually makes the situation worse.

This brings me to the central question: What is the objective of Bill S-214? The legislation, as tabled in the House, purports to end the practice of testing cosmetics on animals in Canada, even going so far as to describe the outcome, in the bill's short title, as cruelty-free. What is particularly interesting about this communication strategy is that even the original sponsor of the bill admitted during debate that there was virtually no animal testing of cosmetics in Canada, and she went on to praise the advancements the cosmetics industry has made in the development and implementation of alternative testing methods here in Canada.

I would like to reference the factual comments by the sponsoring member in the other place made during the second reading debate on Bill S-214, on Wednesday, February 3, 2016:

Currently, more than 99 per cent of all safety evaluations related to cosmetics products or their ingredients are now being conducted without animal testing as the Canadian industry has adopted alternative testing methods....

Our cosmetics industry should be commended for moving forward towards eliminating this backward practice.

We can all agree that eliminating this practice is moving forward on the issue and that a narrative that vilifies the Canadian cosmetics industry under these circumstances is both irresponsible and fundamentally dishonest. In fact, this admission by the sponsoring senator resulted in one of her colleagues on the Senate committee studying the bill to question the need for the bill at all.

Although it may appear that what we have here is a piece of legislation in search of a problem, I feel that by reaching out to all the stakeholders, the member for Sarnia—Lambton, along with Health Canada, has used this opportunity to put together a potential bill that would bring some needed consistency and clarity to the application of this overall and global objective.

Mr. Darren Praznik, president and chief executive officer of Cosmetics Alliance Canada and a former minister of health in the province of Manitoba, in his testimony before the Standing Senate Committee on Social Affairs, Science and Technology, provided a solid rationale for moving ahead with this initiative in the absence of any pressing domestic need. He said:

If properly done, where we can all make this work...and we don’t create some absurdities in regulation, I think it sends a very symbolic message to the world to get on with the work generally about eliminating animal testing and developing alternatives, scientifically, to eliminate animal testing. It also sends a message to regulatory authorities that when those [alternatives] are developed and validated by regulators that they should be used as the [primary] method of approving safety.

I would certainly agree with that sentiment and applaud the responsible manner in which the sector has engaged in this process. The cosmetics industry in Canada is made up of hundreds of individual companies and employs thousands of Canadians. Due to the intricate nature of globalization, the sector is both a major importer and exporter of products. Whenever we as legislators contemplate making regulations, especially ones that are questionable in the domestic context, we must ensure that we do not put Canadian industry and jobs unnecessarily at risk while we also look at the global good and the performance of public policy.

Today, as legislators, we must deal with the actual bill that is before us now. I quote from the bill as written:

cosmetic animal testing means the topical application or internal administration of any cosmetic or ingredient of any cosmetic to a live non-human vertebrate to evaluate its safety or efficacy for the purpose of developing or manufacturing a cosmetic.

Drawing on my own experience in regulated industry, when I look at this proposed bill through the lens of regulatory compliance, I have two specific questions that pertain to the actual implementation of this bill.

First, based on this definition of cosmetic animal testing, would testing a dog shampoo on a dog prior to putting the product on the market be considered cosmetic animal testing? Second, if the cosmetics industry wished to use an ingredient, let us say a chemical preservative that is currently being used in a health food product, which would require animal testing, based on Health Canada's approval process, would that subsequent cosmetic use be allowed under Bill S-214, even though no additional animal testing would occur?

I ask these questions to underscore the difference between a policy that is supported and the regulatory instruments chosen to implement it. If I understand correctly, and I realize that this chamber has a duty to deal responsibly with a public bill originating in the other place, we are being asked to vote on whether there is agreement in principle for a bill that requires at least seven amendments that we have yet to see and evaluate.

I am certainly heartened by the comments from the government that it plans to introduce the necessary amendments to the existing bill and that any new bill introduced in the next Parliament would incorporate this approach as well. I also wonder if the amendments being proposed would be considered outside the scope of the original bill, as passed by the other place, and whether the sponsoring member of the other place would agree to allow these changes.

As we all know, complex regulations are often used as non-tariff barriers, and as I stated earlier, bringing consistency and clarity to this issue is useful. In addition, we need to examine closely how our major trading partners in the European Union, one of the leading jurisdictions on this issue, have approached animal testing regulations. Given that the EU has not only set the precedent in this area but has also had implementation time to make the necessary adjustments to the administrative and logistical details, it becomes clear that any initiative we undertake must align with what the EU is doing, albeit in a manner that is consistent with our domestic regulatory framework.

If we take note of where we are in the electoral calendar, clearly the clock will run out on this current initiative, but I feel that a new bill in the next Parliament, one that is based on stakeholder consensus reached through this process and based on the manner in which the member for Sarnia—Lambton has approached this bill, will serve Canadians very well.

In closing, I want to reiterate my praise for the member for Sarnia—Lambton and my support for the realistic and inclusive approach she has chosen for this initiative. I want to recognize as well the government and the ministry, for putting in the work to ensure that the end result will bring clarity and consistency to the issue, and the animal advocacy sector and the cosmetics industry, for recognizing the importance of working together collaboratively.

TJ Harvey

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