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MINUTES OF PROCEEDINGS

Meeting No. 80

Thursday, May 23, 2002

The Standing Committee on Health met at 11:21 a.m. this day, in Room 362, East Block, the Chair, Bonnie Brown, presiding.

Members of the Committee present: André Bachand, Bonnie Brown, Jeannot Castonguay, James Lunney, Rob Merrifield, Hélène Scherrer, Judy Sgro, Bob Speller, Judy Wasylycia-Leis.

Acting Members present: Bernard Bigras for Diane Bourgeois, Hedy Fry for Yolande Thibeault, John Maloney for Reg Alcock, Bernard Patry for Stan Dromisky, Brent St.Denis for Brenda Chamberlain.

Other Member present: John Heron.

In attendance: From the Library of Parliament: Nancy Miller Chenier, Sonya Norris and Monique Hébert, Research Officers.

Witnesses: From the Department of Justice: Basil Stapleton, Legal Counsel, From the Department of Health: Claire Franklin, Executive Director, Pest Management Regulatory Agency; Geraldine Graham, Head, Regulatory Affairs, Pest Management Regulatory Agency.

The Committee resumed consideration of Bill C-53, An Act to protect human health and safety and the environment by regulating products used for the control of pests (See Minutes of Proceedings, Tuesday, April 16, 2002, Meeting No. 66).

The Committee proceeded to Clause-by-Clause consideration of the Bill.

Pursuant to Standing Order 75(1), consideration of Clause 1 was postponed.

Brent St-Denis moved, -- That the Committee begin its consideration of the Bill with Clause 4.

After debate, by unanimous consent, the motion was withdrawn.

The Chair called Clause 2.

Judy Wasylycia-Leis moved, -- That Bill C-53, in Clause 2, be amended by adding after line 27 on page 3 the following:

““acceptable risk” means that a preponderance of evidence demonstrates that there is a very low likelihood of harm to human health, future generations,  or the environment.”

Bernard Bigras moved, That the amendment be amended by replacing the words “future generations” with the word “children”.

After debate, the question being put on the sub-amendment, it was negatived.

The question was put on the amendment, and it was negatived.

Hedy Fry moved, That Bill C-53, in Clause 2, be amended by

(a)    replacing line 26 on page 3 with the following:

2. (1) The definitions in this section apply in

(b)   adding after line 21 on page 7 the following:

Acceptable risks

(2) For the purposes of this Act, the health or environmental risks of a pest control product are acceptable if there is reasonable certainty that no harm to human health or the environment will result from exposure to or use of the product, taking into account its conditions or proposed conditions of registration.

André Bachand moved, -- That the amendment, be amended by replacing the words “reasonable certainty” with the words “preponderance of evidence”.

After debate, the question being put on the sub-amendment, it was negatived.

Hedy Fry moved, -- That the amendment be amended by adding the words “future generations” after the words “human health”.

After debate, the question being put on the sub-amendment, it was agreed to.

After further debate, the question was put on the amendment as amended, and it was agreed to.

Judy Wasylycia-Leis moved, -- That Bill C-53, in Clause 2, be amended by adding after line 4 on page 4 the following:

““Agency” means the Pest Management Regulatory Agency.”

After debate, the question being put on the amendment, it was negatived.

Judy Wasylycia-Leis moved, -- That Bill C-53, in Clause 2, be amended by adding after line 4 on page 4 the following:

““aggregate exposure” means exposure to pest control products from all sources, including, but not limited to, food, drinking water, dermal, air and residential exposure.”

After debate, the question being put on the amendment, it was negatived.

Bernard Bigras moved, -- That Bill C-53, in Clause 2, be amended by replacing lines 30 to 33 on page 4 with the following:

“information that would be truly prejudicial to the financial or competitive interests of the person to whom it belongs.”

After debate, the question being put on the amendment, it was negatived.

André Bachand moved, -- That Bill C-53, in Clause 2, be amended by replacing line 33 on page 4 with the following:

“and (5).”

After debate, the question being put on the amendment, it was agreed to.

André Bachand moved, -- That Bill C-53, in Clause 2, be amended by adding after line 36 on page 4 the following:

““cumulative exposure” means exposure to more than one substance with a common mechanism of toxic action.”

After debate, the question being put on the amendment, it was negatived.

André Bachand moved, -- That Bill C-53, in Clause 2, be amended by adding after line 19 on page 5 the following:

““formulant”, in respect of a pest control product, means the non-active ingredients, including but not limited to the solvent, diluent, emulsifier or other components that are not primarily responsible for the effects of the pest control product.”

After debate, the question being put on the amendment, by unanimous consent, it was allowed to stand.

André Bachand moved, -- That Bill C-53, in Clause 2, be amended by adding after line 25 on page 5 the following:

““harm”, “harmful” or “harmfulness” means the potential for negative effect on human health or the environment giving equal weight to health and the environment, and particular attention to the most sensitive receptors.”

After debate, the question being put on the amendment, it was negatived.

Judy Wasylycia-Leis moved, -- That Bill C-53, in clause 2, be amended by adding after line 25 on page 5 the following:

“”harm”, “harmful” or “harmfulness” means damage to human health or the environment, and includes, without limiting the generality of the foregoing, toxicity, endocrine disruption and modulation, carcinogenicity, developmental neurotoxicity, mutagenicity, teratogenicity, reproductive impacts, groundwater contamination, volatilization and persistence in soil, water, air or mammalian tissue.”

After debate, the question being put on the amendment, it was negatived.

André Bachand moved, -- That Bill C-53, in Clause 2, be amended by replacing line 17 on page 6 with the following:

“gy, and its active ingredients and formulants, that is manufactured, represented,”

By unanimous consent the amendment was amended to read as follows:

“gy, its active ingredient, formulants and that is manufactured, represented,”

After debate, the question was put on the amendment. The result of the vote was announced: YEAS: 7 NAYS: 7.  Whereupon the Chair voted in the affirmative.

Accordingly the amendment was agreed to.

At 1:03 p.m., the Committee adjourned to the call of the Chair.

 

 

Gary S. Sokolyk

Clerk of the Committee