In response to a question at the hearing regarding the number of fines issued for non-compliance, Health Canada provided the following information in a letter to the Committee:

Fines are one of a range of compliance and enforcement options that are available to Health Canada to correct non-compliance or mitigate a risk to Canadians including, for example, inspections, written warnings, recalls, licence suspensions/cancellations, public communications, and product seizures. Health Canada may also refer a recommendation of charges under the Food and Drugs Act (FDA) to the Public Prosecution Service of Canada (PPSC) for potential prosecution. The courts have the sole discretion to impose fines. The primary objective of Health Canada’s compliance and enforcement approach is to manage the risks to Canadians using the most appropriate level of intervention.

Since 2004, Health Canada has recommended charges to the PPSC against four persons (companies or individuals) for violations specifically concerning natural health products, those persons were also charged with other non-NHP drug violations. PPSC proceeded with the laying of charges in those cases. During the court proceedings, all charges related to natural health products were withdrawn during plea negotiations and instead charges related to other drugs with higher fine amounts were imposed under the FDA and Controlled Drugs and Substances Act.