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MINUTES OF PROCEEDINGS

Meeting No. 13

Tuesday, March 31, 2009

The Standing Committee on Health met at 3:32 p.m. this day, in Room 269, West Block, the Chair, Joy Smith, presiding.

Members of the Committee present: Hon. Carolyn Bennett, Patrick Brown, Colin Carrie, Patricia Davidson, Nicolas Dufour, Kirsty Duncan, Luc Malo, Cathy McLeod, Joyce Murray, Joy Smith, Tim Uppal and Judy Wasylycia-Leis.

Associate Members present: Carol Hughes.

In attendance: Library of Parliament: Sonya Norris, Analyst ; Marlisa Tiedemann, Analyst ; Karin Phillips, Analyst . House of Commons: Marc Toupin, Legislative Clerk.

Witnesses: Public Health Agency of Canada: Theresa Tam, Director General, Centre for Emergency Preparedness and Response, Infectious Disease and Emergency Preparedness Branch; Jane Allain, General Counsel, Legal Services.

Pursuant to the Order of Reference of Monday, February 23, 2009, the Committee resumed consideration of Bill C-11, An Act to promote safety and security with respect to human pathogens and toxins.

The witnesses made statements and answered questions.

The Committee commenced its clause-by-clause study of the Bill.

Pursuant to Standing Order 75(1), consideration of the Preamble and Clause 1 are postponed.

The Chair called Clause 2.

Clause 2 carried.

On Clause 3,

Luc Malo moved, — That Bill C-11, in Clause 3, be amended by replacing line 15 on page 2 with the following:

“(a) is listed in any of Schedule 3 or 4 or in”

Debate arose thereon.

The question was put on the amendment of Luc Malo and it was negatived.

By unanimous consent, it was agreed, — That the result of the vote on the previous amendment be applied to the following two (2) amendments which are therefore also negatived:

That Bill C-11, in Clause 3, be amended by replacing line 18 on page 2 with the following:

“falls into Risk Group 3 or Risk”

That Bill C-11, in Clause 3, be amended by deleting lines 8 to 16 on page 3.

Clause 3 carried.

On Clause 4,

Luc Malo moved, — That Bill C-11, in Clause 4, be amended by adding after line 27 on page 4 the following:

“(d) activities carried out in any facility regulated, operated or funded by a province.”

The Chair ruled the proposed amendment inadmissible because it was beyond the scope of the Bill, as provided on page 654 of House of Commons Procedure and Practice.

Clause 4 carried.

Clause 5 carried.

Clause 6 carried.

On Clause 7,

Judy Wasylycia-Leis moved, — That Bill C-11, in Clause 7, be amended by adding after line 22 on page 5 the following:

“(c) any activity involving a micro-organism, nucleic acid or protein that falls into Risk Group 2, if the person who conducts the activity provides the following elements to the Minister, and informs the Minister of any changes thereto:

(i) the location of the places where the activity is conducted, the name of the micro-organism, nucleic acid or protein involved in the activity, and the name of a contact person, and

(ii) a signed document certifying that the activity is conducted in accordance with the Laboratory Biosafety Guidelines of the Public Health Agency of Canada.”

After debate, the question was put on the amendment of Judy Wasylycia-Leis and it was negatived.

Clause 7 carried.

Clause 8 carried.

On Clause 9,

Carolyn Bennett moved, — That Bill C-11, in Clause 9, be amended by adding after line 16 on page 6 the following:

“(4) The Minister shall consult an advisory committee established under subsection 14(1) of the Public Health Agency of Canada Act before making any regulation under subsection (1), (2) or (3).

(5) The advisory committee shall make available to the public the advice given to the Minister.”

After debate, the question was put on the amendment of Carolyn Bennett and it was agreed to.

Luc Malo moved, — That Bill C-11, in Clause 9, be amended by adding after line 16 on page 6 the following:

“(6) The Minister shall, before amending the schedules referred to in this section, conduct and publish the results of a risk assessment, consult the provinces and respond to their observations.”

After debate, the question was put on the amendment of Luc Malo and it was negatived.

Clause 9, as amended, carried.

On Clause 10,

Joyce Murray moved, — That Bill C-11, in Clause 10, be amended by adding after line 6 on page 7 the following:

“(3) The Minister shall consult an advisory committee established under subsection 14(1) of the Public Health Agency of Canada Act before making any recommendation under subsection (1) or (2).

(4) The advisory committee shall make available to the public the advice given to the Minister.”

After debate, the question was put on the amendment of Joyce Murray and it was agreed to.

Clause 10, as amended, carried.

Clause 11 carried.

On Clause 12,

Colin Carrie moved, — That Bill C-11, in Clause 12, be amended by replacing line 33 on page 7 with the following:

“released inadvertently from the facility in the course of an”

After debate, the question was put on the amendment of Colin Carrie and it was agreed to.

Clause 12, as amended, carried.

Clause 13 carried.

Clause 14 carried.

Clause 15 carried.

Clause 16 carried.

Clause 17 carried.

Clause 18 carried.

Clause 19 carried.

Clause 20 carried.

Clause 21 carried.

Clause 22 carried.

By unanimous consent, Clauses 23 to 32 inclusive carried.

On Clause 33,

Colin Carrie moved, — That Bill C-11, in Clause 33, be amended by replacing line 35 on page 14 with the following:

“relation to human pathogens that fall into Risk Group 3 or Risk Group 4 and are prescribed by regulation or toxins pre-”

After debate, the question was put on the amendment of Colin Carrie and it was agreed to.

Clause 33, as amended, carried.

By unanimous consent, Clauses 34 to 37 inclusive carried.

On Clause 38,

Colin Carrie moved, — That Bill C-11, in Clause 38, be amended by replacing lines 7 and 8 on page 17 with the following:

“confidential business information, and that the Minister believes, on reasonable grounds, is relevant to the”

After debate, the question was put on the amendment of Colin Carrie and it was agreed to.

Clause 38, as amended, carried.

On Clause 39,

Colin Carrie moved, — That Bill C-11, in Clause 39, be amended by replacing line 19 on page 18 with the following:

“tiality of the information unless they are required by law to disclose it.”

After debate, the question was put on the amendment of Colin Carrie and it was agreed to.

Clause 39, as amended, carried.

Clause 40 carried.

By unanimous consent, Clauses 41 to 52 inclusive carried.

On Clause 53,

Colin Carrie moved, — That Bill C-11, in Clause 53, be amended by replacing lines 11 to 16 on page 25 with the following:

“(a) in the case of a contravention with respect to a human pathogen that falls into Risk Group 2,

(i) for a first offence, to a fine of not more than $50,000, and

(ii) for a subsequent offence, to a fine of not more than $250,000 or to imprisonment for a term of not more than three months, or to both; and

(b) in all other cases,

(i) for a first offence, to a fine of not more than $250,000 or to imprisonment for a term of not more than three months, or to both, and

(ii) for a subsequent offence, to a fine of not more than $500,000 or to imprisonment for a term of not more than six months, or to both.”

After debate, the question was put on the amendment of Colin Carrie and it was agreed to.

Clause 53, as amended, carried.

By unanimous consent, Clauses 54 and 55 carried.

On Clause 56,

Colin Carrie moved, — That Bill C-11, in Clause 56, be amended by replacing line 30 on page 25 with the following:

“tion 7(1) or 18(7) with respect to a human pathogen that falls into Risk Group 3 or Risk Group 4 or a toxin is guilty of an offence and”

After debate, the question was put on the amendment of Colin Carrie and it was agreed to.

Clause 56, as amended, carried.

By unanimous consent, Clauses 57 and 58 carried.

On Clause 59,

Colin Carrie moved, — That Bill C-11, in Clause 59, be amended by replacing lines 38 and 39 on page 26 with the following:

“vention of subsection 7(1), section 17 and subsection 41(6);

(b) section 55;”

After debate, the question was put on the amendment of Colin Carrie and it was agreed to.

Clause 59, as amended, carried.

By unanimous consent, Clauses 60 to 65 inclusive carried.

On Clause 66,

Colin Carrie moved, — That Bill C-11, in Clause 66, be amended by adding after line 25 on page 30 the following:

“(1.1) In making regulations, the Governor in Council shall take into account the varying levels of risk posed by human pathogens — determined by whether they fall into Risk Group 2, Risk Group 3 or Risk Group 4 — and those posed by toxins.”

After debate, the question was put on the amendment of Colin Carrie and it was agreed to.

Clause 66, as amended, carried.

On new Clause 66.1,

Judy Wasylycia-Leis moved, — That Bill C-11 be amended by adding after line 28 on page 30 the following new clause:

“66.1 (1) Before a regulation is made under section 66, the Minister shall lay the proposed regulation before the House of Commons.

(2) The proposed regulation shall be referred to the Standing Committee on Health or, in the event that there is not a Standing Committee on Health, to the appropriate committee of the House of Commons, which may review the proposed regulation and report its findings to the House.

(3) A regulation may not be made before the earliest of

(a) 30 sitting days after the proposed regulation is laid before the House of Commons,

(b) 160 calendar days after the proposed regulation is laid before the House of Commons, and

(4) The Minister shall take into account any report of the committee. If a regulation does not incorporate a recommendation of the committee, the Minister shall lay before the House of Commons a statement of the reasons for not incorporating it.

(5) A proposed regulation that has been laid before the House of Commons need not again be so laid prior to the making of the regulation, whether it has been altered or not.”

Colin Carrie moved, — That the amendment be amended by replacing the words “shall lay the proposed regulations before the House of Commons.” with the words “shall lay the proposed regulations before both Houses of Parliament.”

After debate, the question was put on the subamendment of Colin Carrie and it was agreed to.

New Clause 66.1, as amended, carried.

On new Clause 66.2,

Judy Wasylycia-Leis moved, — That Bill C-11 be amended by adding after line 28 on page 30 the following new clause:

"66.2 (1) A regulation may be made without being laid before the House of Commons if the Minister is of the opinion that

(a) the changes made by the regulation to an existing regulation are so immaterial or insubstantial that section 66.1 should not apply in the circumstances; or

(b) the regulation must be made immediately in order to protect the health or safety of any person.

(2) If a regulation is made without being laid before the House of Commons, the Minister shall lay before the House a statement of the Minister's reasons.”

By unanimous consent, Judy Wasylycia-Leis moved, — That the amendment be amended by replacing the words “A regulation may be made without being laid before the House of Commons” with the words “A regulation may be made without being laid before both Houses of Parliament”

After debate, the question was put on the subamendment of Judy Wasylycia-Leis and it was agreed to.

New Clause 66.2, as amended, carried.

On Clause 67,

Luc Malo moved, — That Bill C-11, in Clause 67, be amended by replacing line 7 on page 31 with the following:

“application of section 9 of the Statutory”

The question was put on the amendment of Luc Malo and it was negatived.

Luc Malo moved, — That Bill C-11, in Clause 67, be amended by replacing lines 19 and 20 on page 31 with the following:

“tabled in each House of Parliament within 48 hours after the day on which it is made.”

After debate, the question was put on the amendment of Luc Malo and it was negatived.

Clause 67 carried.

By unanimous consent, Clauses 68 to 72 inclusive carried.

By unanimous consent, Schedules 1 to 5 inclusive carried.

On the Preamble,

Colin Carrie moved, — That Bill C-11, in the preamble, be amended by replacing lines 5 and 6 on page 1 with the following:

“that human pathogens and toxins pose varying levels of risk to the health and safety of the public;”

After debate, the question was put on the amendment of Colin Carrie and it was agreed to.

The Preamble, as amended, carried.

The Short Title carried.

The Title carried.

The Bill, as amended, carried.

ORDERED, — That the Chair report the Bill, as amended, to the House.

ORDERED, — That Bill C-11, as amended, be reprinted for the use of the House at report stage.

At 5:17 p.m., the Committee adjourned to the call of the Chair.

Georges Etoka
Clerk of the Committee

2009/04/03 3:12 p.m.