With the return of a Liberal minority government in the recent federal election and the appointment of a new Minister of Health, our stakeholder group has sent a joint letter to the new Minister again outlining our request to move forward with the necessary legislative and regulatory amendments to implement a ban in Canada on animal testing for cosmetics.
A new development since this joint letter was sent to the Minister, was the direction in the Prime Minister’s mandate letter to the Minister of Health to “introduce legislation to end testing animals”. As this instruction was not limited to “cosmetics”, it suggests that a major policy initiative affecting “testing on animals” and applying to all of Health Canada’s safety testing – including for pharmaceuticals, natural health products, non-prescription drugs, foods, consumer products generally, and not just cosmetics – will be forthcoming sometime in the new year.
Key Points
In the meantime. as you will note in the attached letter, our stakeholder group:
- Includes Cosmetics Alliance Canada on behalf of industry, Cruelty Free International and their retail partner The Body Shop, and Humane Society International and Animal Alliance of Canada with their retail partner Lush;
- Agrees and proposes that the Canadian ban “align with the principles of the European Union ban as well as work within the context of the Canadian regulatory framework”;
- Requests that the necessary legislative/regulatory amendments be drafted by Health Canada “to ensure that they are administratively workable, do not result in unintended consequences, and are ultimately supported by the Government which is key to Parliamentary approval”; and
- Suggests that this initiative be included within the development and implementation of Health Canada’s regulatory modernization initiative known as the Self-Care Framework, which we propose would be the simplest and fastest way to implement the ban.
We have also indicated that work has been undertaken by stakeholders on various operational details over the past few years, “many of which are reflected in the proposed Humane Cosmetics Act” now before the U.S. Congress, and that we would be prepared to discuss the details with the Minster’s officials.
Further Suggestions to the Government
In addition to this information, we have also suggested:
- The Government consider adding to the preamble of the Food & Drugs Act a provision similar to that included in the recently proposed amendment to the Canadian Environmental Protection Act (CEPA) recognizing the importance of “promoting the development and timely incorporation” of non-animal alternative methods and strategies;
- Health Canada regularly publish and update a list of non-animal testing methods and strategies which they will accept as meeting their requirements; and
- Health Canada review all of its statutory/regulatory requirements where animal testing is currently required – such as the Toy Regulations under the Canadian Consumer Product Safety Act – to determine if they are still necessary. These latter regulations have specific animal testing requirements for toys including plush toys (such as the toy bunnies used by various organizations to promote the ban on animal testing, as well as “toy” cosmetics intended for use in play by children).
Timing & Expectations
Given the significant number of issues on which the new Minister is to be briefed, as well as the continued demands of the COVID pandemic and concerns arising from new variants, it is not expected that this will necessarily be a high priority for the Minister. However, it is hoped that as a result of this letter and our outreach, the issue will be put into the hands of the Self-Care Framework team within the Department to work with stakeholders to move forward with the ban.
Although specific legislative initiatives (i.e. private members bills) have been twice initiated before, beginning with a private members bill in the Senate in 2015, this approach did not prove successful. The proposed legislation – drafted without the engagement of Health Canada, its Minister, or industry – did not fully address the complexities of the Food & Drugs Act or the current modernization initiative of the Self-Care Framework. All stakeholders have now come to appreciate and agree that having Health Canada draft the necessary legislative and regulatory amendments will ensure both a workable system and, very importantly, the political support of the Minister of Health and Government. Additionally, as the regulatory and legislative changes necessary to implement the Self-Care Framework are already part of Health Canada’s Forward Regulatory Plan, this avenue of is likely the fastest means of moving forward.
Briefing Colleagues Within Your Company – Our Ask to You
If you are part of an international company with an interest in the implementation of the animal testing ban world-wide, we would ask that you please forward this note and accompanying letter to your appropriate colleagues within your company to update them on the status of the issue in Canada.
Should you have any comments, questions. or require further information, please don’t hesitate to contact Susan Nieuwhof (snieuwhof@cosmeticsalliance.ca).
