Question Period Note - Medication shortage – bilingual labelling

Minister of Official Languages and Minister responsible for the Atlantic Canada Opportunities Agency

Issue

Medication shortage – bilingual labelling

New

November 15, 2022

Source

Canada’s children’s Tylenol shortage is getting worse – and bilingual labels are part of the problem

Tylenol et Advil pour enfants | Un média anglophone met la pénurie sur le dos du français | La Presse [in French Only]

Synopsis

To address the shortage of pediatric medication, the Conservative health critic is proposing that Health Canada make an exception to the bilingualism requirement on the labelling of medication containers.

Recommended response

• Our Government is closely monitoring the situation as there is an increase in the spread of respiratory viruses among children.
• Respect for our two official languages remains a priority for our Government, even in times of crisis. It is a matter of health and safety for all Canadians.
• The Government of Canada has found solutions to improve the availability of medication and will continue to ensure that critical information about these medications is available to Canadians in the official language of their choice.

Background

• To address the shortage of pediatric medication, the Conservative health critic is proposing that Health Canada make an exception to the bilingualism requirement on the original labelling so that medication containers can be relabeled in pharmacies.
• When asked about the issue during question period, the Minister of Health responded that “no door is closed”, explaining that the country needs more acetaminophen in the coming months due to the expected spread of respiratory viruses.
• Since November 2022, Health Canada has put in place measures to improve the availability and importation of medication while ensuring that the sale of the imported medication to the general public is bilingual.
• According to Quebec pharmacists, including the president of the Ordre des pharmaciens du Québec, the shortage of pediatric drugs is not cause by the bilingualism requirement on the original labelling, but rather because of the very high demand for them due to three viruses that are circulating.
• Imported drugs must not only have bilingual labelling but must also meet Canadian health standards, prominently display ingredients and warnings, and include a drug identification number, which lets consumers know that Health Canada has approved the formulation, labelling and directions for use.
• Health Canada said in an email to the Toronto Star that in order to distribute medications to hospitals only and allow their importation from the United States and Australia, it had recently waived bilingual labelling rules and other requirements to increase its supply. In the same email, the Department added that it remains committed to bilingual product labeling for the general public to ensure that patients and caregivers understand what medication they are taking.
• On March 1, 2022, the Minister of Official Languages and Minister responsible for the Atlantic Canada Opportunities Agency tabled Bill C-13, An Act to amend the Official Languages Act, to enact the Use of French in Federally Regulated Businesses Act and to make related amendments to other Acts, in the House of Commons.
  • The Bill specifies that all legal obligations related to the official languages apply at all times, including during emergencies.
• At the start of the pandemic in 2020, 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 Purell) at the beginning of the crisis and, later, for cleaning products imported from the United States used in workplaces.
• These measures led to a number of complaints from the public and organizations representing official language minority communities.
• Solutions were identified and implemented to mitigate the labelling issue:
• Importers were 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, were posted in French on their website. They were required to work with sellers to ensure that consumers are informed of the website where the French label information is posted. In addition, Canadian manufacturers of hard-surface disinfectants and hand sanitizers continue to be required to use bilingual labels.
• The Standing Committee on Official Languages (the Committee) studied the issue and on June 15, 2021, the Chair of the Committee introduced its report in the House of Commons, entitled: Impact of the COVID-19 Pandemic on the Government’s Ability to Deliver Information and Services in Both Official Languages.
• The report concluded that the health crisis caused by COVID-19 has had a negative impact on federal institutions’ ability to meet some of their obligations under the Official Languages Act (the Act) and made 13 recommendations.
• The report echoes the one introduced in Parliament by the Commissioner of Official Languages (the Commissioner) on October 29, 2020, entitled: A Matter of Respect and Safety: The Impact of Emergency Situations on Official Languages, in which the Commissioner issued three recommendations for federal institutions. The Commissioner emphasized the importance of ensuring that in times of crisis, both official languages are systematically placed on an equal footing and that Canadians are informed and reassured in the official language of their choice, no matter where in Canada they find themselves in order to ensure everyone’s safety.