Question Period Note: ENGLISH-ONLY LABELLING ON CERTAIN IMPORTED PRODUCTS

• Why did Health Canada temporarily allow English-only labelling and safety information on some imported and domestically manufactured products during the COVID-19 pandemic?

• Health Canada’s top priority is the health and safety of Canadians, and the Department has been doing everything possible to facilitate access to products needed to slow the spread of COVID-19

• In light of the unprecedented demand and urgent need for products to help limit the spread of COVID-19, in March 2020, Health Canada began facilitating access, on a temporary and emergency basis, to allow certain products labelled in only one official language to increase access to products in high demand.

• Health Canada proactively ended the use of unilingual labelling and require bilingual labelling:
o As of June 8, 2020, all importers of household cleaners, cleaning products used in the workplace, hand and body soaps, hard-surface disinfectants and hand sanitizers are required to have bilingual labelling text available to consumers, employers and workers.
o As of June 8, 2020, all Canadian manufacturers of hand sanitizers who previously used unilingual labelling are required to use bilingual labelling.

• Health Canada is aware of the concerns expressed in the recent report by the Commissioner of Official Languages and is reviewing the report’s findings.

• The Department is committed to upholding the Official Languages Act and fostering linguistic duality.

Interim measures

In March and April 2020, Health Canada implemented a number of interim measures to facilitate expedited access to products that do not fully meet regulatory requirements (e.g., labelling) set out in regulations under the Food and Drugs Act, Hazardous Products Acts, and Canada Consumer Product Safety Act. These measures have enabled access to the Canadian marketplace, health care settings, and commercial and industrial settings.

The interim policies included:
• facilitating the importation of products that are not fully compliant with Health Canada requirements (e.g., English-only labelling, different packaging from what was authorized).
• allowing domestic manufacturers of alcohol-based hand sanitizers in unilingual regions to use unilingual labelling to expedite Canadians’ access to these products

Importers of these products must have bilingual labelling text and safety information, where required, available to consumers, employers, and workers. This could be made available through a sticker applied directly to the products, or posters or signage with take-away pamphlets at the point of sale.

Given the increase in availability of hand sanitizers, as of June 8, 2020, all Canadian manufacturers of hand sanitizers who previously used unilingual labels under the interim measure are required to use bilingual labelling.

Domestic manufacturers of cleaning products and hand and body soaps were not included in this interim measure. As such, Canadian companies of these products were always required to manufacture products with labels and, if required, safety data sheets in both official languages.

Health Canada will take a risk-based approach to addressing any non-compliance identified.

Health Canada will lift the interim measures for imported products when the regular supply chain stabilizes.

Stakeholder Engagement

Health Canada is actively engaging with stakeholders to proactively identify, engage and provide support to manufacturers, packagers, labelers and/or importers of hand sanitizers and disinfectants in response to the COVID-19 pandemic.

Health Canada brought together industry partners to facilitate the supply of key ingredients and to maximize the domestic production of hand sanitizers and disinfectants, and companies who do not typically operate in health product manufacturing such as distilleries, breweries and refineries.

International Collaboration

Health Canada is leveraging its strong international partnerships and working with the United Kingdom Health and Safety Executive and the United States Food and Drug Administration, and United States Environmental Protection Agency to share information on best practices and evidence-based approaches for hand sanitizers and disinfectants.

SYNOPSIS

• The COVID-19 pandemic has created unprecedented challenges to Canada’s health care system, and there is an urgent need for products to help limit the spread of COVID-19, such as hand sanitizers and disinfectants, household and workplace cleaners, and hand and body soaps in support of the response.
IF PRESSED…
Bilingual Language Requirements for Domestic and Imported Products

• The Department is committed to upholding the Official Languages Act and fostering linguistic duality.
IF PRESSED….
Use of Unilingual Labelling During COVID-19

• In light of the unprecedented demand and urgent need for products to help limit the spread of COVID-19, in March 2020, Health Canada began facilitating access, on a temporary and emergency basis, to allow certain products labelled in only one official language to increase access to products in high demand.

• This emergency measure was in effect until June 8, 2020. The objective was to alleviate supply issues so that Canadians had access to products that help limit the spread of Covid-19.

• This has included facilitating the importation of products from countries with similar regulatory frameworks as well as the expedited approval of domestic products.

• While Health Canada facilitated access to products labelled in only one official language on an interim basis, the Department still strongly encouraged the use of bilingual labels.

• As supply of these products began to improve, and in response to Canadians’ concerns about the risks associated with unilingual labelling and safety information, Health Canada proactively required all importers of these products to have bilingual labelling text available to consumers and employers and all domestically manufactured hand sanitizers to have bilingual labelling by June 2020.
IF PRESSED
Proactive removal of the Interim Policy on Unilingual Labelling

• Following the temporary and urgent need for these products, Health Canada proactively required all importers of these products to have bilingual labelling text and safety information, where required, available to consumers, employers, and workers. As of June 8, 2020, all importers were required to have bilingual label and safety information text available on their websites and a means for sellers to inform consumers, workers and employers of this website at the time of sale.

• Health Canada proactively communicated the end of this interim measure both on its website and directly to regulated parties.

• Health Canada’s top priority is the health and safety of Canadians, and the Department has been doing everything possible to facilitate access to products needed to slow the spread of COVID-19.
IF PRESSED….
Commissioner of Official Languages’ Report on Unilingual Labelling

• Health Canada is aware of the concerns expressed in the recent report by the Commissioner of Official Languages and is reviewing the report’s findings.

• The Department is committed to upholding the Official Languages Act. Due to the unprecedented demand for products to limit the spread of COVID-19, Health Canada enacted temporary and emergency measures to ensure a sufficient and consistent supply of these products.

• Health Canada acknowledges the seriousness of the official language complaints received.