Bill C-307

2nd Session, 39th Parliament,

56 Elizabeth II, 2007

house of commons of canada

BILL C-307

An Act respecting bis(2-ethylhexyl)phthalate, benzyl butyl phthalate and dibutyl phthalate

Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:

SHORT TITLE

1. This Act may be cited as the Phthalate Control Act.

INTERPRETATION

2. For the purpose of this Act, a product or device shall not be considered to contain bis(2-ethylhexyl)phthalate, benzyl butyl phthalate or dibutyl phthalate if the amount of that phthalate in the product or device is less than 0.1% of the product’s or device’s mass.

2.1 In the administration of this Act, the Government of Canada shall apply the precautionary principle that, where there are threats of serious or irreversible damage, lack of full scientific certainty shall not be used as a reason for postponing cost-effective measures to prevent adverse health impacts or environmental degradation.

REGULATIONS

3. Within 12 months after the coming into force of this Act, the Minister of Health shall, taking into account the precautionary principle set out in section 2.1, recommend to the Governor in Council that regulations be made under subsection 30(1) of the Food and Drugs Act respecting cosmetics that contain bis(2-ethylhexyl)phthalate, and the Governor in Council shall, within that period, make the regulations.

3.1 Within 12 months after the coming into force of this Act, the Minister of Health shall, taking into account the precautionary principle set out in section 2.1, recommend to the Governor in Council that an order be made under section 6 of the Hazardous Products Act to add to Part I of Schedule I to that Act products whose use involves the product being brought into contact with the mouth of a child of less than three years of age and that contain bis(2-ethylhexyl)phthalate, and the Governor in Council shall, within that period, make the order.

3.2 The Minister of Health shall

(a) within three months after the coming into force of this Act, finalize the Department of Health’s position paper on bis(2-ethylhexyl)phthalate in medical devices;

(b) within 12 months after the coming into force of this Act, publish a document concerning the labelling that is necessary to comply with the requirements of the Medical Devices Regulations in relation to the risks inherent in medical devices that contain bis(2-ethylhexyl)phthalate;

(c) within 24 months after the coming into force of this Act, require the labelling of medical devices that contain bis(2-ethylhexyl)phthalate;

(d) facilitate the drafting by health professionals associations and hospital associations of clinical practice guidelines respecting the use of medical devices that contain bis(2-ethylhexyl)phthalate and to have the drafting of those guidelines completed within 33 months after the coming into force of this Act;

(e) within 18 months after the coming into force of this Act, prepare a list of medical devices that do not contain bis(2-ethylhexyl)phthalate that are sold in or imported into Canada; and

(f) consider for priority review, applications for medical devices licences where information obtained during the application process discloses that the medical devices do not contain bis(2-ethylhexyl)phthalate.

4. The Minister of the Environment and the Minister of Health shall, within 24 months after the coming into force of this Act, have completed a reassessment, under the Canadian Environmental Protection Act, 1999, of benzyl butyl phthalate and dibutyl phthalate. The re-assessment shall include a consideration of their exposure through the use of consumer products, including cosmetics, and a consideration of the cumulative effects of those phthalates on humans.