Further to our March 29 update regarding the government’s proposal in Budget 2023 to amend the Food and Drugs Act to ban cosmetics testing on animals, CA is pleased to share that the government published a Notice of Ways and Means Motion yesterday, which lays out the measures that will be contained in the budget bill.
The proposed legislative wording (see below) in the Motion pertaining to a ban on cosmetics animal testing is consistent with the policy approach that CA and our allied stakeholder group have long been advocating for in discussions with Health Canada; that a Canadian ban align with the principles of the E.U. ban and the necessary amendments be drafted by Health Canada to ensure they fit within the Canadian regulatory context, are workable, and do not result in unintended consequences.
CA and our allied stakeholder group issued the attached statement in support of this development and we continue to work together to coordinate our Government Relations and communication efforts to get this to the finish line. We will continue to keep members informed of developments.
EN https://fin.canada.ca/drleg-apl/2023/nwmm-amvm-0423-eng.html
FR https://fin.canada.ca/drleg-apl/2023/nwmm-amvm-0423-fra.html
See pages 324 to 326.
Notice of Ways and Means Motion to introduce an Act to implement certain provisions of the budget tabled in Parliament on March 28, 2023
DIVISION 28
R.S., c. F-27
Food and Drugs Act (Cosmetics Testing on Animals)
Amendments to the Act
505 The Food and Drugs Act is amended by adding the following after section 16:
Prohibited sales — animal testing
16.1 (1) No person shall sell a cosmetic unless the person can establish the safety of the cosmetic without relying on data derived from a test conducted on an animal that could cause pain, suffering or injury, whether physical or mental, to the animal.
Exceptions
(2) The prohibition in subsection (1) does not apply if
a) the Government of Canada has published the data in a scientific journal or on a Government of Canada website;
b) the data is publicly available and is derived from a test that was not sponsored by or conducted by or on behalf of a person who manufactures, imports or sells the cosmetic
(c) the following conditions are met:
(i) the data is derived from a test that was conducted on a substance in order to meet
(A) a requirement under a provision of an Act of Parliament or any of its regulations that applied at the time that the test was conducted, except a requirement that relates only to cosmetics under a provision of this Act or the regulations, or
(B) a requirement that does not relate to cosmetics under the law that applied in a foreign state at the time that the test was conducted,
(ii) the substance is or has been used in a product that is not a cosmetic and that is or has been legally sold in the country where the requirement in question applied, and
(iii) the test was necessary to meet the requirement in order to sell the product in that country;
(d) the data is derived from a test that was conducted before the day on which this section comes into force;
(e) the cosmetic was sold in Canada at any time before the day on which this section comes into force; or
(f) any prescribed circumstance applies.
Prohibition — animal testing
16.2 No person shall conduct a test on an animal that could cause pain, suffering or injury, whether physical or mental, to the animal if the purpose of the test is to meet, with respect to a cosmetic, a requirement under a provision of this Act or the regulations or to meet a requirement that relates to the safety of cosmetics under the law that applies in a foreign state.
Prohibited claims — animal testing
16.3 (1) No person shall make a claim on the label of or in an advertisement for a cosmetic that is likely to create an impression that the cosmetic was not tested on animals after the day on which this section comes into force unless the person has evidence that no such testing occurred after that day.
Provision of evidence
(2) A person who makes a claim described in subsection (1) shall, on the request of the Minister, provide the Minister with the evidence referred to in that subsection.
506 (1) Subsection 30(1) of the Act is amended by adding the following after paragraph (h):
(h.01) respecting the provision to the Minister of evidence under subsection 16.3(2);
(2) Section 30 of the Act is amended by adding the following after subsection (1.4):
Regulations — animal testing
(1.5) Without limiting the power conferred by any other subsection of this section, the Governor in Council may make any regulations that the Governor in Council considers necessary for the purpose of preventing, in respect of cosmetics, the conduct of a test on an animal that could cause pain, suffering or injury, whether physical or mental, to the animal, or preventing the purchaser or consumer of a cosmetic from being deceived or misled in respect of whether the cosmetic was tested on animals.
Coming into Force
Six months after royal assent
507 This Division comes into force on the day that, in the sixth month after the month in which this Act receives royal assent, has the same calendar number as the day on which this Act receives royal assent or, if that sixth month has no day with that number, the last day of that sixth month.
