Question Period Note: Public Health Emergency and Unilingual Labeling of Cleaning Products

In the context of the COVID-19 crisis, Health Canada has authorized the distribution of certain products with English-only labeling, or labeling in neither of the two official languages, in order to accelerate their distribution.

• The respect of our two official languages remains a priority. In a time of crisis, it is a matter of security.
• Where we see gaps, we must find solutions. That is what we did for the labeling of certain essential products.
• The Government of Canada is ensuring that crucial information is available to Canadians, in the official language of their choice.

• Faced with unprecedented demand and urgent need for products conducive to the fight against COVID-19, Health Canada put in place some exemptions relating to the labeling of disinfectant products (such as Purrell) at the beginning of the crisis and, later, for maintenance products used in workplaces and imported from the United States.
• Many laws govern the labeling of products, depending on the type. For example, the Food and Drugs Act regulates products such as drugs, medical instruments, natural products, and cosmetics. This act also regulates disinfectant products such as Purell. Meanwhile, the Hazardous Products Act regulates “industrial”-type maintenance products; its Regulations also include bilingual labeling requirements.
• Health Canada has specified that these exemptions are temporary measures that will only be in place during the pandemic.
• Both the public and organizations representing official language minority communities reacted to Health Canada’s decision:
o An article published by ONFR on April 27, 2020 expresses the fear that respect for official languages and the equal treatment of English- and French-speakers might not be ‘on the radar’ of the government during this time of crisis.
o On April 28, 2020, an article in Le Droit states that the French language has become part of the collateral damage of the COVID-19 crisis.
o In an April 28, 2020 press release, the Fédération des communautés francophones et acadienne states that the decision is an affront to the principle of equality of the two official languages and constitutes a flagrant lack of respect for the more than 7 million Canadians whose first language is French.

o However, the Office québécois de la langue française has not opposed such measures, as long as they are temporary, judging that they are justified in the current circumstances.
• Solutions were identified and put in place in order to mitigate the issue of labeling :
o Importers will be required to post the French-language label information on their own website. In order for cleaners to be used in a work environment, the safety data sheets, for each imported product whose label is not already bilingual, will also be posted in French on their website. The importers will also be required to work with sellers to ensure that consumers are informed of the website where the French label information is posted. This could be made available through a sticker applied to the products or posters or pamphlets at the point of sale. In addition, Canadian manufacturers of hard-surface disinfectants and hand sanitizers continue to be required to use bilingual labels.
• Within the Government of Canada, several initiatives are underway to ensure compliance with laws and regulations imposing obligations with regard to official languages:
o The Commissioner of Official Languages sent a message to the Network of Champions of Official Languages on March 20, recalling “the importance, in this period of uncertainty, for the population that the declarations, instructions and relevant information in the interests of public health and safety, be in both official languages at all times.”
o On the same day, Canadian Heritage (PCH) contacted the Translation Bureau to assess the support provided to Health Canada. The Translation Bureau has worked tirelessly to support Health Canada and the Public Health Agency since the beginning of crisis. The Office provides translations in the two official languages as well as 27 foreign and indigenous languages, in support of the response to the crisis.
o On March 31, 2020, the Treasury Board Secretariat organized a conference call with those responsible for official languages in federal institutions and reminded them of the importance of ensuring that communications with the Canadian public are in both official languages.
o In April 2020, PCH contacted the Coordinators 41, the Committee of Assistant Deputy Ministers on Official Languages and the Official Languages Champions of all federal institutions, to remind the importance of supporting official language minority communities in this time of crisis.
o PCH also communicated with all provincial and territorial governments, through the Intergovernmental Network on the Canadian Francophonie of the Ministerial Conference on the Canadian Francophonie, in order to remind them of the importance of communications in both official languages.

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