HEAL Committee Meeting

MINUTES OF PROCEEDINGS

Meeting No. 81

Monday, May 27, 2002

The Standing Committee on Health met at 3:39 p.m. this day, in Room 371, West Block, the Chair, Bonnie Brown, presiding.

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

Acting Members present: Larry Bagnell, Paddy Torsney, Aileen Carroll, Alan Tonks for Reg Alcock, Bernard Bigras for Diane Bourgeois, Claude Duplain, Diane St-Jacques, Tony Tirabassi for Brenda Chamberlain, Hedy Fry for Stan Dromisky, John Heron for André Bachand, Howard Hilstrom for James Lunney, John Maloney for Yolande Thibeault.

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 resumed Clause-by-Clause consideration of the Bill.

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

“formulant”

“formulant” means any component of a pest control product that is added intentionally to the product and that is not an active ingredient.

The question was put on the amendment and it was, by a show of hands, agreed to:

By unanimous consent, Hedy Fry moved, -- That Bill C-53, in Clause 2 be amended by adding the words “that consists of” after “gy” on line 17 of page 6.

The question was put on the amendment and it was, by a show of hands, agreed to

André Bachand moved, -- That Bill C-53, in Clause 2, be amended by adding after line 28 on page 6 the following:

““pollution prevention’’ means the use of processes, practices, materials, products, substances or energy that avoid or minimize the creation of pollutants and waste and reduce the overall risk to the environment or human health.”

After debate, the question being put on the amendment, it was.by a show of hands, negatived:

André Bachand moved, -- That Bill C-53, in Clause 2, be amended by adding after line 28 on page 6 the following:

““precautionary principle” means the principle whereby appropriate preventive measures are to be taken where there is reason to believe that a pest control product is likely to cause harm, even though there is no conclusive evidence to that effect.”

After debate, the question being put on the amendment, it was, by a show of hands, negatived:

Judy Wasylycia-Leis moved, -- That Bill C-53, in Clause 2, be amended by adding after line 28 on page 6 the following:

““precautionary principle” means that appropriate preventive measures are to be taken where there is reason to believe that a pest control product is likely to cause harm, even when there is no conclusive evidence to prove a causal relationship between the pest control product and its effects.”

After debate, the question being put on the amendment, it was, by a show of hands, negatived:

Judy Wasylycia-Leis moved, -- That Bill C-53, in Clause 2, be amended by adding after line 34 on page 6 the following:

““scientifically-based” includes regard for the precautionary principle.”

After debate, the question being put on the amendment, it was, by a show of hands, negatived:

Judy Wasylycia-Leis moved, -- That Bill C-53, in Clause 2, be amended by adding after line 2 on page 7 the following:

““unacceptable risk” means that there has not been
a demonstration, on a preponderance of evidence, that there is very low likelihood of harm to human health, future generations or the environment.”

After debate, the question being put on the amendment, it was, by a show of hands negatived:

Rob Merrifield moved, -- That Bill C-53, in Clause 2, be amended by deleting line 9 on page 7.

After debate, the question being put on the amendment, it was, by a show of hands, negatived:

Bernard Bigras moved, -- That Bill C-53, in Clause 2, be amended by replacing line 14 on page 7 with the following.

“benefits and social and economic impact but does exclude cosmetic considerations.”

After debate, the question being put on the amendment, it was, by a show of hands, negatived:

John Heron moved, -- That Bill C-53, in Clause 4, be amended by replacing lines 24 to 27 on page 7 with the following:

“4. (1) The primary objective of this Act is to protect human health and the environment from harm that may be caused by pest control products and to reduce the use of pest control products through the promotion of integrated pest management practices.”

After debate, the question being put on the amendment, it was, by a show of hands negatived:

Bernard Bigras moved, -- That Bill C-53, in Clause 4, be amended by replacing line 27 on page 7 with the following:

“ment from the use of pest control products, and to base all of his or her decisions on the precautionary principle.”

After debate, the question being put on the amendment, it was, by a show of hands, negatived:

Judy Wasylycia-Leis moved, -- That Bill C-53, in Clause 4, be amended by adding after line 27 on page 7 the following:

‘‘(1.1) The Minister shall exercise the precautionary principle in every aspect of the administration of this Act."

After debate, the question was put on the amendment and it was negatived on the following recorded division:

            Judy Wasylycia-Leis                                         Paddy Torsney

            Bernard Bigras                                     Jeannot Castonguay

            John Heron                                                       Claude Duplain

                                                                                    Hedy Fry

                                                                                    Hélène Scherrer

                                                                                    Judy Sgro

                                                                                    Bob Speller

                                                                                    John Maloney

                                                                                    Rob Merrifield

John Heron moved, -- That Bill C-53, in Clause 4, be amended by replacing lines 34 to 42 on page 7 and lines 1 to 7 on page 8 with the following:

“(b) exercise all powers under this Act in a manner that fulfills the objectives and ancillary objectives of this Act and applies the precautionary principle;

(c) apply the precautionary principle and promote and enforce pollution prevention approaches;

(d) reduce reliance on, risk of, harm from, and use of pest control products by promoting the development and implementation of ecosystem-oriented, sustainable and least toxic approaches to pest management within a framework of pollution prevention;

(e) encourage public awareness in relation to pest control products by facilitating public access to relevant information and public participation in the decision-making process;

(f) ensure that the applicant bears the onus of satisfying the Minister that its pest control product does not pose an unacceptable health or environmental risk and that its value is acceptable; and

(g) improve the environmental and economic sustainability of pest management systems, using the principles of integrated pest management.”

After debate, the question being put on the amendment, it was, by a show of hands, negatived:

At 5:37 p.m., the sitting was suspended.

At 6:20 p.m., the sitting resumed.

Reg Alcock moved, -- That Bill C-53, in Clause 4, be amended by replacing line 41 on page 7 with the following:

“(c) maintain a commitment to pollution prevention and the precautionary principle, by informing and educating the public about pest control products, the health and environmental risks associated with their use, the need to avoid non-essential uses and the availability of alternatives to the use of these products, and encourage public awareness in relation”

Hedy Fry moved, -- That the amendment be amended to read as follows:

That Bill C-53, in Clause 4, be amended by replacing line 42 on page 7 with the following:

“(c) encourage public awareness in relation to pest control products by informing the public and by facilitating”

After debate, the question being put on the sub-amendment, it was by a show of hands, adopted:

After debate, the question being put on the amendment, as amended, it was by a show of hands, adopted:

Rob Merrifield moved, -- That Bill C-53, in Clause 4 be amended.

a)      by replacing, in the English version, line 3 on page 8 with the following:

“process”

b)      by replacing in the English version, line 7 on page 8 with the following:

“Canada; and”

c)      by adding after line 7 on page 8 the following:

“(e) make every reasonable effort to facilitate access to minor use pest control products and to promote the harmonization of the standards for pest control products in effect in other member countries of the Organisation for Economic Co-operation and Development with the standards established under this Act.”

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

André Bachand moved, -- That Bill C-53 be amended by adding after line 7 on page 8 the following new clause:

“4.1 For greater certainty, protection and consideration afforded to children in this Act shall also extend to the foetus and human life at all stages of development.”

Hedy Fry moved, -- That the amendment be amended to read as follows:

“for greater certainty, protection and consideration afforded to children in this Act shall also extend to future generations”

After debate, the question being put on the sub-amendment, it was, by a show of hands, adopted:

After debate, the question being put on the amendment, as amended it was, by a show of hands, adopted:

André Bachand moved, -- That Bill C-53 be amended by adding after line 7 on page 8 the following new clause:

“4.2 For greater certainty, nothing in this Act shall be construed so as to abrogate or derogate from any existing aboriginal or treaty rights of the aboriginal peoples of Canada under section 35 of the Constitution Act, 1982.”

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

André Bachand moved, -- That Bill C-53, in Clause 5, be amended by replacing lines 9 to 11 on page 8 with the following:

“the Minister shall establish an advisory council of persons whose interests and concerns are affected by this Act, and shall specify the”

After debate, the question being put on the amendment it was, by a show of hands, negatived:

Judy Wasylycia-Leis moved, -- That Bill C-53, in Clause 5, be amended by replacing line 17 on page 8 with the following:

“Minister, who shall place it in the Register and make it available to the public.”

After debate, the question being put on the amendment, it was, by a show of hands, negatived:

André Bachand moved, -- That Bill C-53, in Clause 7, be amended by replacing lines 3 to 7 on page 10 with the following:

“registration shall include the following information on the active ingredients, the formulants and the interaction of the active ingredients and the formulants:

(a) risks of harm to human health, including, but not limited to direct toxicity, carcinogenicity, impacts on reproduction and the endoctrine system, mutagenicity and teratogeneticity;

(b) risks of harm to the environment, including, but not limited to direct impacts on plants and animals;

(c) risks of harm to ecosystems and different life stages, including risks to individuals;

(d) risks of harm to food products;

(e) compliance with maximum permissible limits of hazardous products;

(f) hazards associated with manufacture, transport, storage, handling or disposal of the pest control product;

(g) whether the pest control product can or cannot be used in integrated pest management systems for specific crops;

(h) the occurrence or potential occurrence of pest resistance to the pest control product and resistance management strategies;

(i) whether the use of the pest control product forecloses other options that are less likely to cause harm;

(j) the proposed post-registration self-monitoring program for the pest control product; and

(k) any other information that may be prescribed.”

After debate, the question being put on the amendment, it was, by a show of hands, negatived:

Judy Wasylycia-Leis moved, -- That Bill C-53, in Clause 7, be amended by adding after line 7 on page 10 the following:

“(1.1) An application to register a pest control product shall include the following information on the active ingredient, the formulant and the interaction of the active ingredient and the formulant:

(a) risks of harm to health, including toxicity, carcinogenicity, developmental neurotoxicity, endocrine disruption and modulation, reproductive impacts, mutagenicity and teratogenicity;

(b) risks of harm to the environment, including direct impacts to plants, animals, including the most sensitive receptors and lifestages, ecosystems and secondary impacts, including food removal;

(c) safety of use, manufacture, transport, storage, handling or disposal;

(d) how the product can or cannot be used in integrated pest management systems for
specific crops;

(e) the occurrence or potential occurrence of pest resistance to the pest control product and resistance management strategies;

(f) the occurrence or potential for occurrence of groundwater contamination, volatilization, persistence in soil, water, air and mammalian
tissue; and

(g) any other information which may be prescribed.”

After debate, the question being put on the amendment, it was, by a show of hands, negatived:

Rob Merrifield moved, -- That Bill C-53, in Clause 7, be amended by adding after line 17 on page 10 the following:

“(2.1) For the purposes of subsection (1), the applicant may include information that is available from a review or evaluation of a pest control product conducted by the government of another member country of the Organisation for Economic Co-operation and Development if the proposed use of the pest control product in Canada would be under conditions similar to those under which the foreign review or evaluation was conducted.”

After debate, the question being put on the amendment, it was, by a show of hands, adopted:

Hélène Scherrer moved, -- That Bill C-53, in Clause 7, be amended by replacing, in the French version, line 23 on page 10 with the following.

«ou les risques sanitaires ou environnemen-»

After debate, the question being put on the amendment, it was, by a show of hands,adopted:

Hélène Scherrer moved, -- That Bill C-53, in Clause 7, be amended by replacing lines 25 to 27 on page 10 with the following:

the pest control product;

(b) expedite evaluations with respect to a pest control product that may reasonably be expected to pose lower health or environmental risks; and

(c) carry out any consultation required by section 28.

After debate, the question being put on the amendment, it was, by a show of hands, adopted:

André Bachand moved, -- That Bill C-53, in Clause 7, be amended by adding after line 27 on page 10 the following:

“(3.1) In conducting the evaluation pursuant to subsection (3), the Minister shall

(a) apply the precautionary principle with regards to the pest control product;

(b) assess and give weight not only to the mortality but also to the sublethal effects of the pest control product, including its effects in changing feeding behaviour, body weight, stress signals and reproductive performance;

(c) evaluate the active ingredients, the formulants and the effect of the interaction between the active ingredients and the formulants, in order to assess the risk of harm posed by the pest control product;

(d) consider the recommendation of the Pest Management Regulatory Agency as to whether there are less harmful but equally effective pest control products;

(e) consider the value of the pest control product;

(f) consider the information provided by the applicant in support of the application and may consider any additional information, but shall give the applicant a reasonable oppportunity to comment on the additional information before completing the evaluation;

(g) consider all relevant information from credible scientific or trade literature;

(h) consider the maximum residue limits of the pest control product;

(i) have regard to the primary objectives of this Act; and

(j) determine whether there is a need for the pest control product by comparing its use, value and efficacy with registered pest control products and with cultural or other non-chemical control measures.

(3.2) The applicant bears the burden of persuading the Minister that the risk and value of the pest control product are acceptable.”

After debate, the question being put on the amendment, it was, by a show of hands negatived:

André Bachand moved, -- That Bill C-53, in Clause 7, be amended by replacing line 16 on page 11 with the following:

“(i) apply two separate, ten-fold margins of safety to”

After debate, the question being put on the amendment, it was, by a show of hands, negatived:

Hedy Fry-moved, -- That Bill C-53, in Clause 7, be amended by

(a) replacing lines 15 and 16 on page 11 with the following:

(b) in relation to health risks, if a decision referred to in paragraph 28(1)(a) or (b) is being made or has been made in relation to a pest control product,

(i) among other relevant factors, consider available information on aggregate exposure to the pest control product, namely dietary exposure and exposure from other non-occupational sources, including drinking water and use in and around homes and schools, and cumulative effects of the pest control product and other pest control products that have a common mechanism of toxicity,

(ii) apply appropriate margins of safety to

(b) replacing line 24 on page 11 with the following:

(iii) in the case of a threshold effect, if the

(c) replacing line 29 on page 11 with the following:

applicable under subparagraph (ii) in

After debate, the question being put on the amendment, it was, by a show of hands, adopted:

André Bachand moved, -- That Bill C-53, in Clause 7, be amended by replacing lines 22 and 23 on page 11 with the following:

“women, infants, children, women, seniors, the ill and those with environmental disabilities, and”

After debate, the question being put on the amendment, it was, by a show of hands, negatived:

André Bachand moved, -- That Bill C-53, in Clause 7, be amended by replacing lines 34 to 37 on page 11 with the following:

“toxicity to, infants and children.”

After debate, the question being put on the amendment, it was, by a show of hands, negatived:

André Bachand moved, -- That Bill C-53, in Clause 7, be amended by replacing line 41 on page 11 with the following:

“government policy, meaning that

(a) no pest control product shall be registered or re-registered if it meets the criteria for a Track 1 substance, as defined in the Toxic Substances Management Policy;

(b) if a registered pest control product meets the criteria for Track 1 substances, its registration shall be immediately cancelled;

(c) if a pest control product contains a microcontaminant that meets the criteria of the Toxic Substances Management Policy at detectable levels, including unintentional by-products listed in Annex C of the Stockholm Convention on Persistent Organic Pollutants, the registration shall be immediately cancelled, or the product shall be withdrawn from the market, pending the creation of a new manufacturing process which eliminates the contaminant in question; and

(d) if a pest control product contains a formulant or active ingredient that has been designated as toxic under the Canadian Environmental Protection Act, the registration shall be immediately cancelled, or in the case of a formulant, the formulation shall be amended within a reasonable period of time to omit the formulant in question.”

After debate, the question being put on the amendment, it was, by a show of hands, negatived:

Rob Merrifield moved, -- That Bill C-53, in Clause 7, be amended by replacing lines 43 to 46 on page 11 and lines 1 to 3 on page 12 with the following:

“environmental risks of a pest control product are acceptable, the Minister may, in accordance with the regulations, if any, take into account information regarding the risks of other pest control products that are registered for the same use.

(9.1) In determining the value of a pest control product, the Minister shall consult with the Minister of Agriculture and Agri-Food, and may, in accordance with the regulations, if any, take into account information regarding the value of other pest control products that are registered for the same use.

(10) For the purposes of subsections (9) and (9.1), the”

After debate, the question being put on the amendment, it was, by a show of hands, negatived:

Judy Wasylycia-Leis moved, -- That Bill C-53, in Clause 7, be amended by replacing line 45 on page 11 with the following:

“shall, in accordance with the regulations, if”

After debate, the question being put on the amendment, it was, by a show of hands, negatived:

Howard Hilstrom moved, -- That Bill C-53, in Clause 7, be amended by adding after line 2 on page 12 the following:

“(9.1) In evaluating an application to register a pest control product for a minor use or to amend the registration of a pest control product to add one or more minor uses, the Minister may waive the requirement to provide information referred to in subsection (1) if the Minister is of the opinion that such information is not necessary to assess the health and environmental risks poses by the minor use.  The Minister shall make a determination in respoect of an application of this nature as soon as possible and, in any case, no later than 12 months after the application was made.

“(9.2) For the purposes of subsection (9.1), the use of a pest control product shall be considered as a minor use of the Minister of Health, in consultation with the Minister of Agriculture and Agri-Food, based on information provided by the applicant, has determined that the use would likely be so limited that there is insufficient economic incentive to support an application to register the product in accordance with subsection (1) and that

(a)    there are insufficient efficacious alternatives registered pest control products available for the use;

(b)   the alternatives to the pest control product pose greater risks to health or the environment; or

(c)    the pest control product plays or will play a significant part in managing pest resistance or in an integrated pest management program”

After debate, the question being put on the amendment, it was, by a show of hands, negatived:

Bernard Bigras moved, -- That Bill C-53, in Clause 7, be amended by adding after line 7 on page 12 the following:

‘‘(11) The Minister shall implement whatever measures are necessary to ensure that the review and evaluation of all new applications for the registration of organic pest control products are completed within one year from the date of submission.’’

After debate, the question being put on the amendment, it was, by a show of hands, negatived:

Howard Hilstrom moved, -- That Bill C-53, in Clause 7, be amended by adding after line 7 on page 12 the following:

“(11) Within one year after the coming into force of the Act, the Minister shall make regulations setting out time lines for the completion of registrations and amendments of registrations of pest control products.”

After debate, the question being put on the amendment, it was, by a show of hands, negatived:

At 8:12 p.m., the Committee adjourned to the call of the Chair.

Gary S. Sokolyk

Clerk of the Committee