INDU Committee Meeting

Notices of Meeting include information about the subject matter to be examined by the committee and date, time and place of the meeting, as well as a list of any witnesses scheduled to appear. The Evidence is the edited and revised transcript of what is said before a committee. The Minutes of Proceedings are the official record of the business conducted by the committee at a sitting.

For an advanced search, use Publication Search tool.

If you have any questions or comments regarding the accessibility of this publication, please contact us at accessible@parl.gc.ca.

Previous day publication Next day publication

MINUTES OF PROCEEDINGS

Meeting No. 42

Monday, November 1, 2010

The Standing Committee on Industry, Science and Technology met at 10:00 a.m. this day, in Room 237-C, Centre Block, the Chair, David Sweet, presiding.

Members of the Committee present: Robert Bouchard, Peter Braid, Gordon Brown, Serge Cardin, Marc Garneau, Mike Lake, Brian Masse, Hon. Dan McTeague, Anthony Rota, David Sweet and Dave Van Kesteren.

Acting Members present: Luc Malo for Serge Cardin and Cathy McLeod for Mike Wallace.

In attendance: Library of Parliament: Dillan Theckedath, Analyst ; Mark Mahabir, Analyst . House of Commons: Mike MacPherson, Legislative Clerk.

Witnesses: Department of Industry: Colette Downie, Director General, Marketplace Framework Policy Branch; Mona Frendo, Director, Patent and Trade-mark Policy Directorate; Rob Sutherland-Brown, Senior Counsel, Legal Services, Justice Canada. Department of Foreign Affairs and International Trade: Edith St-Hilaire, Director, Intellectual Property, Information and Technology Trade Policy Division. Department of Health: Brigitte Zirger, Director, Policy Bureau, Therapeutic Products Directorate, Health Products and Food Branch.

Pursuant to the Order of Reference of Wednesday, March 3, 2010, the Committee resumed consideration of Bill C-393, An Act to amend the Patent Act (drugs for international humanitarian purposes) and to make a consequential amendment to another Act.

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

The witnesses answered questions.

The Committee resumed clause-by-clause consideration on Clause 4 of the Bill.

The Committee resumed consideration of the amendment of Marc Garneau, — That Bill C-393, in Clause 4, be amended by deleting lines 15 to 18 on page 3.

By unanimous consent, the amendment was allowed to stand.

By unanimous consent, Clause 4 was allowed to stand.

By unanimous consent, the Chair called Clause 3.

On Clause 3,

Marc Garneau moved, — That Bill C-393, in Clause 3, be amended by replacing line 1 on page 2 with the following:

“21.03 (1) The Governor in Council may, by order, on the recommendation of the Minister and the Minister of Health, amend Schedule 1

(a) by adding the name of any patented product that may be used to address public health problems afflicting many developing and least-developed countries, especially those resulting from HIV/AIDS, tuberculosis, malaria and other epidemics and, if the Governor in Council considers it appropriate to do so, by adding one or more of the following in respect of the patented product, namely, a dosage form, a strength and a route of administration; and

(b) by removing any entry listed in it.

(2) The Governor in Council may, by”

After debate, the question was put on the amendment of Marc Garneau and it was agreed to, by a show of hands: YEAS: 6; NAYS: 5.

Marc Garneau moved, — That Bill C-393, in Clause 3, be amended by replacing line 5 on page 2 with the following:

“operation, amend Schedule 2 to add the name”

The question was put on the amendment of Marc Garneau and it was agreed to, by a show of hands: YEAS: 6; NAYS: 5.

Marc Garneau moved, — That Bill C-393, in Clause 3, be amended by replacing line 19 on page 2 with the following:

“operation, amend Schedule 2 to remove the”

The question was put on the amendment of Marc Garneau and it was agreed to, by a show of hands: YEAS: 6; NAYS: 5.

Clause 3, as amended, carried by a show of hands: YEAS: 6; NAYS: 4.

The Chair called Clause 4.

The Committee resumed consideration of Clause 4 of the Bill, and of the amendment of Marc Garneau, — That Bill C-393, in Clause 4, be amended by deleting lines 15 to 18 on page 3.

By unanimous consent, the amendment was allowed to stand.

By unanimous consent, Clause 4 was allowed to stand.

By unanimous consent, the Chair called Clause 13.

On Clause 13,

Marc Garneau moved, — That Bill C-393, in Clause 13, be amended

(a) by replacing line 30 on page 5 with the following:

“the Act before paragraph (a) is replaced by”

(b) by deleting line 39 on page 5.

Debate arose thereon.

By unanimous consent, the amendment was allowed to stand.

By unanimous consent, Clause 13 was allowed to stand.

By unanimous consent, the Chair called Clause 4.

On Clause 4,

Marc Garneau moved, — That Bill C-393, in Clause 4, be amended by replacing line 39 on page 2 with the following:

“country that is listed in Schedule 2.”

The question was put on the amendment of Marc Garneau and it was agreed to, by a show of hands: YEAS: 6; NAYS: 5.

Marc Garneau moved, — That Bill C-393, in Clause 4, be amended by replacing lines 10 and 11 on page 3 with the following:

“(1.2) If a country is removed from Schedule 2 an authorization continues to apply”

The question was put on the amendment of Marc Garneau and it was agreed to, by a show of hands: YEAS: 6; NAYS: 5.

The Committee resumed consideration of the amendment of Marc Garneau, — That Bill C-393, in Clause 4, be amended by deleting lines 15 to 18 on page 3.

The debate continued.

The question was put on the amendment of Marc Garneau and it was negatived on the following recorded division: YEAS: Marc Garneau — 1; NAYS: Peter Braid, Gordon Brown, Serge Cardin, Mike Lake, Luc Malo, Brian Masse, Cathy McLeod, Dan McTeague, Anthony Rota, Dave Van Kesteren — 10.

At 11:22 a.m., the sitting was suspended.

At 11:32 a.m., the sitting resumed.

After debate, Clause 4, as amended, was negatived on the following recorded division: YEAS: Robert Bouchard, Luc Malo, Brian Masse, Dan McTeague, Anthony Rota — 5; NAYS: Peter Braid, Gordon Brown, Marc Garneau, Mike Lake, Cathy McLeod, Dave Van Kesteren — 6.

The Chair called Clause 5.

Clause 5 carried by a show of hands: YEAS: 6; NAYS: 5.

By unanimous consent, the Committee resumed consideration of Clause 13 of the Bill, and of the amendment of Marc Garneau, — That Bill C-393, in Clause 13, be amended

(a) by replacing line 30 on page 5 with the following:

“the Act before paragraph (a) is replaced by”

(b) by deleting line 39 on page 5.

By unanimous consent, the amendment was withdrawn.

By unanimous consent, Clause 13 was allowed to stand.

By unanimous consent, the Chair called Clause 1.

Clause 1 carried on division.

The Chair called Clause 6.

After debate, Clause 6 was negatived.

By unanimous consent, it was agreed, — That the result of the vote on the previous clause be applied to Clauses 7, 8, 11, 12, 14, 16 and 17.

Accordingly, Clauses 7, 8, 11, 12, 14, 16 and 17 were also negatived.

The Chair called Clause 9.

After debate, Clause 9 was negatived by a show of hands: YEAS: 5; NAYS: 6.

The Chair called Clause 10.

After debate, Clause 10 was negatived by a show of hands: YEAS: 5; NAYS: 6.

The Committee resumed consideration of Clause 13 of the Bill.

After debate, Clause 13 carried by a show of hands: YEAS: 6; NAYS: 5.

The Schedule, as amended, carried by a show of hands: YEAS: 6; NAYS: 5.

The Title carried by a show of hands: YEAS: 6; NAYS: 5.

The Bill, as amended, carried by a show of hands: YEAS: 6; NAYS: 5.

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

ORDERED, — That Bill C-393, as amended, be reprinted for the use of the House at report stage.

At 12:25 p.m., the Committee adjourned to the call of the Chair.

Michelle Tittley
Clerk of the Committee

2010/11/04 2:43 p.m.