Cutting A Long Story Short

Canadian test laboratory closed
1990
Health Canada closed a world class food safety and natural health product (NHP) lab in Ottawa, that was able to tell whether or not NHPs were dangerous. It was closed because NHPs do not carry enough risk to justify the cost of a world class lab in Canada.


NHPs were not dangerous
1995
Health Canada began to drive NHPs off the market by enforcing regulations that were never meant for NHPs, they were meant for chemical pharmaceuticals.


Canadian consumers rebelled
1996/1997
The petition that was started over 10 years ago had more signatures on it than any other petition in Canadian history. The petition was tabled in Parliament to support the creation of fair regulations that do not drive NHPs off the market. The message in 1997’s petition to Parliament was to protect our access to NHPs. In fact the first paragraph in the new Charter of Health Freedom petition is taken word for word out the 1997 petition.


Coast to coast consultations with public were held
1997
In one of the very few times in public history political pressure from this grassroots citizens movement was so great that government backed down on policy initiative. They referred the matter to the Standing Committee of Health. Public and natural health industry stakeholders were consulted. 100’s of people testified in front of the Standing Committee of Health to present their opinion about what the government was doing that they did not like.


53 recommendations were announced
1998
The Standing Committee on Health submitted a report called Natural Health Products: A New Vision that announced 53 recommendations. These now famous 53 recommendations were a model to appropriately regulate NHPs. We thought we had won. We thought we were going to get health freedom.


53 recommendations were accepted
1998
As a result of this report, Health Minister Alan Rock formally accepted their recommendations and announced the formation of the office of NHP Products. Now called, the Natural Health Products Directorate (NHPD). The natural health community, industry and public were pleased that all 53 recommendations were accepted as a sound and fitting framework of regulation for the NHP industry. The public continued to enjoy open access to NHPs for their health.


Where there’s smoke, there’s fire
2000
The industry received their first indication that the 53 recommendations, under the NHPD, had been re-worked. In a draft document to the industry for Standards of Evidence and Good Manufacturing Processes, it quickly became apparent that the drug model of regulations was going to be enforced. There was no distinct governing authority for NHPs. Health Canada only had one model to plug into. This made the 53 recommendations, albeit perfect for the NHP industry, difficult to administer in a system set up to regulate laboratory manufactured drugs.
Health Canada could not change their regulatory processes to suit the 53 recommendations.


The NHP industry waits in limbo
2002
Feedback from the industry showed that large, mid and small Canadian NHP makers did not see eye to eye. On-going meetings between prominent industry stakeholders and Health Canada confirmed that the 53 recommendations were not going to be implemented. A natural health advocacy group inquired as to why these accepted recommendations would not be realized. Health Canada believed that they could achieve the same goals with NHPs under Drugs.


Across the pond
2002
The European Union (EU) published a parallel line of regulation for it’s member states that would ultimately have Canadian NHP regulations, as outlined by Health Canada, connect and comply with foreign laws. The 53 recommendations were not part of the bigger plan and had to be ignored if Canada was going to be harmonized with the EU. The 53 recommendations would have allowed Canada to see independent regulations and laws as decided by the Canadian NHP industry, natural health community and citizens.


For safety or commerce?
2002
The original reason the EU was imposing these strict drug-style standards was to facilitate better trade among it’s member states. Bills like C-51, C-52 and C-6 state that once passed into law, the Canadian Government will be able to adopt laws of other countries without having the need of a vote by Canadian citizens. The 53 recommendations were too far removed for Canada’s ability to harmonize with foreign governments, although they were ideal for Canada’s needs.


New regulations enforced
2004
On January 1 2004, 6 years after the 53 recommendations were accepted by Health Canada, a new set of NHP regulations become law. Some larger manufacturers, who could afford the time and money, were able to meet with these drug-style standards. While some small and mid sized manufacturers, not able to afford the extreme costs of complying with the? new model that presumed NHPs dangerous, closed their doors. The natural health industry became divided.


Moving NHPs out from under drugs
2004
In an effort to turn aside the new harsh regulations, another natural health advocacy group sponsored a private member Bill C-420. It was an act that would formally regulate NHPs as dietary supplements; to get them out from under the drug style model of regulation. It passed second and third reading, twice, and was later dismissed.


NHP industry tries to comply
2006
These new regulations require the product have an product licence number. For the first time in Canadian history NHP manufacturers have to get governments approval to legally sell their NHPs in Canada. NHPs begin to disappear from health food store shelves. The consumer does not know there is a problem because the stores shelves look full. Canadian manufacturers and distributors are trying to comply but 55% of applications submitted have failed. Manufacturer’s have submitted their applications and are waiting. The whole industry is in limbo, once again.


NHPs banned or become drugs
2007
20,000 American products have been stopped from coming into Canada. Thousands of Canadian products that were on store shelves have been removed. Some powerful plants and natural plant extracts that were once available to consumers freely are becoming Schedule F Drugs.


Introducing the “Bills”
2008
95% of the NHPs on store shelves do not have a product license. An amendment to the Food & Drugs act, Bill C-51, shocked the Canadian natural health industry since everyone was still waiting for the 2004 regulations to be replaced by the federally approved and deserved 53 recommendations. Bills that have been introduced give even more dramatic powers to take even more products off the market, in ways that were, and still are, unconstitutional and in opposition to our civil and human rights.


Recruiting more enforcement officers
2008
By April 2010 enforcement action will start for all those products that do not have an government issued product number. Canadian NHP manufacturers will be told to cease and desist production. Health stores across the country will be told to remove all products without these issued numbers. At this time over 80% of products on most Canadian health food store shelves will become illegal to sell.


The elephant in the room
2009
These numbers (NPN or DIN) have been given largely to single ingredient products. There is no suitable mechanism for the NHPD to evaluate multi-ingredient formulations. It is these products that form a larger component of NHP products currently on store shelves. The challenge is that to properly evaluate these multi-ingredient products there is an inadequate timeline in place before enforcement action comes into effect. This is to say that the enforcement action is even relevant.


What we hope to see is a complete set of regulations for NHPs only
2009
We desire a regulatory environment in Canada where Government Bills will no longer be a threat. We want Canada to adopt regulations for NHPs that are appropriate. We want laws that echo the Charter of Rights and Freedoms. We demand changes to the drug style regulations so that Canadians will have a safe, regulatory model that fits the low risk nature of NHPs. The Charter guarantees citizens the right to choose and not have their access to natural health products limited, denied, or restricted.