CIIT 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.
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Minutes of Proceedings
The Committee commenced its clause-by-clause study of the Bill.
The witnesses answered questions.
Pursuant to Standing Order 75(1), consideration of Clause 1, Short Title, was postponed.
The Chair called Clause 2.
By unanimous consent, Clauses 2 to 6 inclusive carried severally.
On Clause 7,
Tracey Ramsey moved, — That Bill C-30, in Clause 7, be amended(a) by replacing line 30 on page 2 with the following:
“Canada and the European Union, while attempting to preserve the”
(b) by replacing line 4 on page 3 with the following:
“(f) provide additional protection and en-”
(c) by replacing line 7 on page 3 with the following:
“(g) protect, enhance and enforce basic workers' rights through voluntary mechanisms,”
After debate, the question was put on the amendment of Tracey Ramsey and it was negatived, by a show of hands: YEAS: 1; NAYS: 5.
Clause 7 carried.
On Clause 8,
Tracey Ramsey moved, — That Bill C-30, in Clause 8, be amended by deleting lines 27 to 30 on page 3.After debate, the question was put on the amendment of Tracey Ramsey and it was negatived, by a show of hands: YEAS: 1; NAYS: 5.
The Chair ruled that the following amendment was consequential to the previous amendment and therefore it was also negatived:
That Bill C-30, in Clause 138, be amended by replacing line 12 on page 108 with the following:“(2) Paragraph 11(1)(a), subsec-”
Clause 8 carried.
Clause 9 carried.
Clause 10 carried.
On new Clause 10.1
“Report
10.1 (1) The Minister must, within two months after the end of each calendar year, prepare a report on the implementation of the Agreement in Canada and the European Union and each of its Member States in the preceding calendar year and must cause the report to be laid before each House of Parliament on any of the first 15 days on which that House is sitting after the report is completed.
(2) Subsection (1) does not apply if the Minister is satisfied that the European Union and each of its Member States has implemented the Agreement to the extent possible within its jurisdiction.”
After debate, the question was put on the amendment of Tracey Ramsey and it was negatived, by a show of hands: YEAS: 1; NAYS: 5.
On Clause 11,
Pursuant to the order adopted by the Committee on Tuesday, May 3, 2016, the following amendment, submitted by Elizabeth May for the consideration of the Committee, was deemed moved:
That Bill C-30, in Clause 11, be amended
(a) by replacing line 4 on page 4 with the following:
“11 (1) The Minister may, in consultation with the Attorney General of Canada,”
(b) by adding after line 10 on page 4 the following:
“(1.1) However, the Minister must not propose the name of an individual who has served as legal counsel in an arbitration proceeding in respect of an investment dispute.”
After debate, the question was put on the amendment of Elizabeth May and it was negatived, by a show of hands: YEAS: 0; NAYS: 5.
“11 (1) The Minister may, following public consultations, propose jointly with the Minister of Justice and the Minister of the Environment the names of individuals to serve as members of the tribunals established under Section F of Chapter Eight of the Agreement.
(1.1) The Minister may also propose the names of individuals to be included in”
After debate, the question was put on the amendment of Tracey Ramsey and it was negatived, by a show of hands: YEAS: 1; NAYS: 5.
The Chair ruled that the following amendment was consequential to the previous amendment and therefore it was also negatived:
That Bill C-30, in Clause 138, be amended by replacing lines 12 and 13 on page 108 with the following:“(2) Subsections 8(3) and 11(1) and (2), paragraph 13(a) and section 90 come”
Clause 11 carried.
By unanimous consent, Clauses 12 to 38 inclusive carried severally.
On Clause 39,
Tracey Ramsey moved, — That Bill C-30, in Clause 39, be amended(a) by replacing lines 12 to 16 on page 15 with the following:
“(4) The Governor in Council may make such regulations as the Governor in Council considers necessary for preventing the infringement of any patent by any person who makes, constructs, uses or sells a patented invention in accordance with subsection (1), including, without limiting the generality of the foregoing, regulations”
(b) by replacing lines 29 and 30 on page 15 with the following:
“of such a document in circumstances where the document's issuance could result or”
(c) by replacing line 37 on page 15 with the following:
“could result from the manufac-”
(d) by replacing lines 41 and 42 on page 15 with the following:
“to the infringement of a patent that results from the manufacture, construction, use or”
After debate, the question was put on the amendment of Tracey Ramsey and it was negatived, by a show of hands: YEAS: 1; NAYS: 6.
Clause 39 carried.
On Clause 40,
Tracey Ramsey moved, — That Bill C-30, in Clause 40, be amended by replacing line 20 on page 16 with the following:“40 Section 62 of the Act is replaced by the following:
62 On issuance of a judgment voiding in whole or in part any patent, the patent, or the part of it that is voided, is, and is held to have been, void and of no effect, unless the judgment is reversed on appeal as provided in section 63.”
After debate, the question was put on the amendment of Tracey Ramsey and it was negatived, by a show of hands: YEAS: 1; NAYS: 6.
1993, c. 15, s. 49
40 Section 62 of the Act is replaced by the following:
62 A patent, or part of a patent, that is voided by a judgment shall be and be held to have been void and of no effect, unless the judgment is reversed on appeal as provided in section 63.
The question was put on the amendment of Kyle Peterson and it was agreed to, by a show of hands: YEAS: 7; NAYS: 0.
The Chair ruled that the following amendment was consequential to the previous amendment and therefore it was also adopted:
That Bill C-30, in Clause 136, be amended by(a) replacing line 36 on page 106 with the following:
is replaced by the following:
40 The Act is amended by adding the following before section 63:
62 A patent, or part of a patent, that is voided by a judgment shall be and be held to have been void and of no effect, unless the judgment is reversed on appeal as provided in section 63.
(b) replacing line 42 on page 106 with the following:
that section 60 is deemed never to have come into
Clause 40, as amended, carried.
By unanimous consent, Clauses 41 to 58 inclusive carried severally.
On Clause 59,
Tracey Ramsey moved, — That Bill C-30, in Clause 59, be amended(a) by replacing line 2 on page 29 with the following:
“sued on or after the day on which this section comes into force;
(c.1) in the case of an application in respect of a patent pertaining to a drug containing a combination of medicinal ingredients, the patent pertains to that combination of medicinal ingredients;”
(b) by adding after line 38 on page 33 the following:
“(3.1) Despite subsection (3), the certificate's term shall not end later than the day that is 14 years after the day on which the authorization for sale is issued.”
After debate, the question was put on the amendment of Tracey Ramsey and it was negatived, by a show of hands: YEAS: 1; NAYS: 7.
sued on or after the day on which this section comes into force;
After debate, the question was put on the amendment of Kyle Peterson and it was agreed to, by a show of hands: YEAS: 7; NAYS: 0.
brought under section 110 with respect to any of those applications, all of those applications — if two or more are still pending — expire at
After debate, the question was put on the amendment of Kyle Peterson and it was agreed to, by a show of hands: YEAS: 5; NAYS: 0.
126 (1) A certificate of supplementary protection, or a claim in the patent set out in such a certificate, that is voided by a judgment shall be and be held to have been void and of no effect, unless the judgment is reversed on appeal as provided in subsection (2).
(2) Every judgment voiding a certificate of supplemen-
After debate, the question was put on the amendment of Kyle Peterson and it was agreed to, by a show of hands: YEAS: 9; NAYS: 0.
Clause 59, as amended, carried.
By unanimous consent, Clauses 60 to 79 inclusive carried severally.
On Clause 80,
Tracey Ramsey moved, — That Bill C-30, in Clause 80, be amended by replacing line 16 on page 67 with the following:“following calendar year, $600,000,000, and”
After debate, the question was put on the amendment of Tracey Ramsey and it was negatived, by a show of hands: YEAS: 1; NAYS: 5.
Clause 80 carried.
By unanimous consent, Clauses 81 to 90 inclusive carried severally.
Clause 91 carried.
On Clause 92,
Tracey Ramsey moved, — That Bill C-30, in Clause 92, be amended by adding after line 12 on page 77 the following:“(2.7) Any Foreign vessel operating in Canadian waterways must operate under the same labour and minimum standards as a Canadian-flagged vessel and any Foreign vessel granted a coasting trade waiver must give employment preference to Canadian workers over Foreign workers”
After debate, the question was put on the amendment of Tracey Ramsey and it was negatived, by a show of hands: YEAS: 1; NAYS: 5.
By unanimous consent, Clauses 92 to 135 inclusive carried severally.
Clause 136, as amended, carried.
Clause 137 carried.
On Clause 138,
Tracey Ramsey moved, — That Bill C-30, in Clause 138, be amended(a) by replacing line 8 on page 108 with the following:
“138 (1) Subject to subsections (1.1) to (5), the pro-”
(b) by adding after line 11 on page 108 the following:
“(1.1) The Governor in Council may make an order under subsection (1) only if the Minister tables, in each House of Parliament, a report containing an economic impact analysis of the potential benefits and costs of the Agreement for Canadians.”
After debate, the question was put on the amendment of Tracey Ramsey and it was negatived, by a show of hands: YEAS: 1; NAYS: 7.
(a) by replacing line 8 on page 108 with the following:
“138 (1) Subject to subsections (1.1) to (5), the pro-”
(b) by adding after line 11 on page 108 the following:
“(1.1) The Governor in Council may make an order under subsection (1) only if the Minister tables, in each House of Parliament, a report containing an analysis of the potential impact of the Agreement on the cost of pharmaceutical drugs in Canada.”
After debate, the question was put on the amendment of Tracey Ramsey and it was negatived, by a show of hands: YEAS: 1; NAYS: 8.
Clause 138 carried.
By unanimous consent, Schedules 1 to 6 inclusive carried severally.
Clause 1, 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-30, as amended, be reprinted for the use of the House at report stage.
It was agreed, — That on Tuesday, January 31, 2017, the Committee proceed to clause-by-clause consideration of Bill C-31, An act to implement the Free Trade Agreement between Canada and Ukraine.
At 4:31 p.m., the Committee adjourned to the call of the Chair.