HEAL Committee Meeting

MINUTES OF PROCEEDINGS

Meeting No. 16

Tuesday, December 10, 2002

The Standing Committee on Health met at 4:14 p.m. this day, in Room 269, West Block, the Chair, Bonnie Brown, presiding.

Members of the Committee present: Bonnie Brown, Jeannot Castonguay, Stan Dromisky, The Hon. Hedy Fry, James Lunney, Réal Ménard, Rob Merrifield, Hélène Scherrer, Judy Sgro, Carol Skelton, Yolande Thibeault, Judy Wasylycia-Leis.

Acting Members present: Mark Eyking for Carolyn Bennett, Diane St-Jacques for Brenda Chamberlain, Marlene Jennings for Judy Sgro, Paddy Torsney for Brenda Chamberlain.

In attendance: From the Library of Parliament: Nancy Miller Chenier, Sonya Norris and Monique Hébert, Research Officers.  From the Committees Directorate: Joann Garbig, Jeffrey LeBlanc, Legislative Clerks.

Witnesses: From the Department of Health: Francine Manseau, Senior Policy Analyst, Health Policy and Communications Branch, Special Projects Division; Caroline Weber, Director General, Policy Planning and Priorities Directorate. From the Department of Justice: Glenn Rivard, Senior Legal Counsel.

Pursuant to its Order of Reference of Wednesday, October 9, 2002, the Committee resumed consideration of Bill C-13, An Act respecting assisted human reproduction (See Minutes of Proceedings, Tuesday, November 19, 2002, Meeting No. 2).

The Committee resumed Clause-by-Clause consideration on Clause 66 of the Bill.

The Chair gave her ruling regarding the point of order raised by Réal Ménard at the previous meeting.

RULING BY THE CHAIR

With regard to the moving of motions or amendments, the practices in Committee are similar to the practices in the House. Whenever notice is not required, a Member may move a motion in one language and submit it in writing. After the Chair is satisfied that the motion is admissible, the motion is proposed to the Committee by being read aloud by the Chair.  In this case, the Chair asked Mr. Rivard, the witness from the Department of Justice, to read it aloud.

Standing Order 46 also states that any Member may request that a motion proposed without notice be read at any time during debate. This ensures that the essence of the motion is clearly understood and that it is available in the other language through the simultaneous interpretation services.

In this particular instance, the amendment was proposed without notice during an animated debate on clause 18.  Mr. Ménard claims that there may have been some confusion or some misunderstanding regarding the intent of the amendment because it was proposed in such a fashion.  The Chair is extremely reluctant to reopen decisions already taken by the Committee as this could severely limit the progress the Committee has made on the bill.  The Chair has the authority to enforce order in the Committee, but feels that the proceedings were conducted in an orderly manner and that the Chair did have unanimous consent to proceed in that manner.  Had any Member present been unclear as to the intent of the amendment, they could have requested that it be read again.  The decision of the committee taken at that time therefore stands.

By unanimous consent, Clause 65, as amended, previously carried, was reconsidered.

On Clause 65,

Stan Dromisky moved, -- That Bill C-13, in Clause 65, be amended by replacing lines 38 and 39 on page 29 with the following:

“(o) respecting the counselling services referred to in paragraph 14(2)(b);”

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

Clause 65, as amended, carried on division.

On Clause 66,

Rob Merrifield moved, -- That Bill C-13, in Clause 66, be amended by replacing lines 16 to 20 on page 31 with the following:

“Parliament shall be referred to the Standing Committee on Health. The committee shall review the proposed regulation and report its findings to each House. The Minister shall take these findings into account before making any regulation.”

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

YEAS: 7                                                                      NAYS: 5

Jeannot Castonguay moved, -- That Bill C-13, in Clause 66, be amended by replacing lines 21 to 28 on page 31 with the following:

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

(a) 30 sitting days after the proposed regulation is laid before Parliament,

(b) 120 calendar days after the proposed regulation is laid before Parliament, and

(c) the day after the appropriate committee of each House of Parliament has reported its findings with respect to the proposed regulation.”

Judy Sgro moved, -- That amendment be amended by replacing the words “120 calendar days” with the words “160 calendar days”.

The question being put on the amendment, it was adopted.

After debate, the question being put on the amendment of Jeannot Castonguay, as amended, it was adopted.

By unanimous consent, Clause 66 was allowed to stand.

On Clause 67,

Rob Merrifield moved, -- That Bill C-13, in Clause 67, be amended by replacing line 46 on page 31 with the following:

“ly in order to protect the life, health or safety of”

The Chair ruled the proposed amendment inadmissible, because the Committee had already decided against a similar amendment in Clause 2. 

Clause 67 carried on division.

On Clause 68,

Réal Ménard moved, -- That Bill C-13, in Clause 68, be amended by deleting lines 19 to 21 on page 32.

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

Jeannot Castonguay moved, -- That Bill C-13, in Clause 68, be amended by replacing lines 29 and 30 on page 32 with the following:

“a licensee under this Act, and sections 17 and 18 apply in respect of that health reporting”

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

Clause 68, as amended, carried.

By unanimous consent, it was agreed that the amendment of Rob Merrifield to new Clause 59.1, which was allowed to stand at the previous meeting, would be moved as new Clause 68.1.

On new Clause 68.1,

Rob Merrifield moved, -- That Bill C-13 be amended by adding after line 37 on page 32 the following new clause:

“68.1 All equivalency and enforcement agreements are subject to the following safeguards:

(a) the Minister is accountable to Parliament for all equivalency and enforcement agreements;

(b) the public shall be actively consulted on draft agreements before they are finalized;

(c) all draft agreements, together with the comments made by the public, shall be tabled in both Houses of Parliament for comments and recommendations;

(d) the text of all final agreements shall be included in the public information registry established by this Act;

(e) all agreements shall be subject to termination or revocation upon reasonable written notice given by either party; and

(f) as a condition precedent to the signing of an agreement, a government that enters into an agreement with the federal government must agree to comply with the same reporting requirements that apply at the federal level and to transmit the related data to the Agency for inclusion in the federal personal health information registry and the public information registry.”

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

YEAS: 5                                                                      NAYS: 7

Clause 69 carried.

On Clause 70,

Rob Merrifield moved, -- That Bill C-13, in Clause 70, be amended by replacing line 14 on page 33 with the following:

“every three years after the coming into force”

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

YEAS: 5                                                                      NAYS: 6

Rob Merrifield moved, -- That Bill C-13, in Clause 70, be amended by adding after line 28 on page 33 the following:

“(3) No person shall experiment on or harvest an embryo until the first review under subsection (1) has been completed and a report has been submitted in accordance with subsection (2).”

The Chair ruled the proposed amendment inadmissible, because it went beyond the scope of the clause.

Clause 70 carried on division.

On Clause 71,

James Lunney moved, -- That Bill C-13, in Clause 71, be amended by replacing line 36 on page 33 with the following:

“only until six months after this Act comes into force and, thereafter, only with a licence.”

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

YEAS: 2                                                                      NAYS: 8

Clause 71 carried on division.

On new Clause 71.1,

Rob Merrifield moved, -- That Bill C-13 be amended by adding after line 36 on page 33 the following new clause:

“AMENDMENT TO THE PATENT ACT

71.1 Section 27 of the Patent Act is amended by adding the following after subsection (8):

(9) No patent shall be granted for humans or human materials.”

The Chair ruled the proposed amendment inadmissible, because it went beyond the scope of the bill.

Clause 72 carried on division.

Clause 73 carried on division.

Clause 74 carried on division.

Clause 75 carried on division.

Clause 76 carried on division.

Clause 77 carried on division.

Clause 78 carried on division.

The Committee proceeded to Clause 5, which was previously stood.

Rob Merrifield moved, -- That Bill C-13, in Clause 5, be amended by replacing line 6 on page 5 with the following:

“a sex-linked disorder or disease in accordance with the regulations;”

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

Clause 5, as amended, carried.

The Committee proceeded to Clause 15, which was previously stood.

Rob Merrifield moved, -- That Bill C-13, in Clause 15, be amended by adding after line 43 on page 9 the following:

“(3.1) A licensee who transfers an in vitro embryo to another licensee shall notify the Agency of the transfer in accordance with the regulations.”

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

Jeannot Castonguay moved, -- That Bill C-13, in Clause 15, be amended by replacing lines 10 to 12 on page 10 with the following:

“nor - shall not be disclosed without the donor's written consent.”

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

YEAS: 9                                                                      NAYS: 3

Clause 15, as amended, carried on division.

The Committee proceeded to Clause 22, which was previously stood.

By unanimous consent, the amendment of Judy Wasylycia-Leis in Clause 22, which was previously allowed to stand, was withdrawn.

Clause 22 carried.

By unanimous consent, Clause 24, previously carried, was reconsidered.

On Clause 24, 

Judy Wasylycia-Leis moved, -- That Bill C-13, in Clause 24, be amended by replacing line 11 on page 15 with the following:

“the professions respecting risk factors associated with infertility and assisted human”

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

Clause 24, as amended, carried on division.

The Committee proceeded to Clause 32, which was previously stood.

Rob Merrifield moved, -- That Bill C-13, in Clause 32, be amended by replacing lines 26 and 27 on page 17 with the following:

“the Agency's powers and duties to a committee of the board, including powers and duties”

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

By unanimous consent, it was agreed, -- That Bill C-13, in Clause 32, be amended by:

a) replacing line 29 on page 17 with the following:

“under sections 44, 46, 52, 54, 55, 58, 59.”

b) replacing line 32 on page 17 with the following:

“its power to make a decision under sections 40, 41 and 42 or any of its powers or duties with respect to the”

Paddy Torsney moved, -- That Bill C-13, in Clause 32, be amended by replacing lines 26 and 27 on page 17 with the following:

“the Agency's powers and duties to a committee of the board or”

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

Clause 32, as amended, carried on division.

By unanimous consent, Clause 66, as amended, previously carried was reconsidered.

By unanimous consent, the amendment of Rob Merrifield in Clause 66, was rescinded.

By unanimous consent, the amendment of Jeannot Castonguay in Clause 66, was rescinded.

Hélène Scherrer moved, -- That Bill C-13, in Clause 66, be amended

a) by replacing line 16 on page 31 with the following:

“Parliament shall be referred to an appropriate”

b) by adding after line 20 on page 31 the following:

“(2.1) The committee of the House of Commons referred to in subsection 66(2) shall be the Standing Committee on Health or, in the event that there is not a Standing Committee on Health, the appropriate committee of the House.”

c) by replacing lines 21 to 28 on page 31 with the following:

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

(a) 30 sitting days after the proposed regulation is laid before Parliament,

(b) 160 calendar days after the proposed regulation is laid before Parliament, and

(c) the day after the appropriate committee of each House of Parliament has reported its findings with respect to the proposed regulation.”

d) by replacing line 29 on page 31 with the following:

“(4) The Minister shall take into account any report of the committee of either House.  If a regulation does not incorporate a”

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

Clause 66, as amended, carried.

The Committee proceeded to Clause 1, which was previously stood.

Rob Merrifield moved, -- That Bill C-13, in Clause 1, be amended by replacing line 5 on page 1 with the following:

“Human Reproduction and Related Research Act.”

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

Clause 1 carried.

On the Title,

Rob Merrifield moved, -- That Bill C-13 be amended by replacing the long title on page 1 with the following:

“An Act respecting assisted human reproductive technologies and related research”

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

The Title, as amended, carried.

The Bill, as amended, carried on division.

ORDERED, -- That Bill C-13, An Act respecting assisted human reproduction, as amended, be reprinted for the use of the House of Commons at Report Stage.

ORDERED, -- That the Chair report Bill C-13 with amendments to the House as the First Report of the Committee.

It was agreed, that this be the last meeting of the Committee before Christmas.

At 6:25 p.m., the Committee adjourned to the call of the Chair.

José Cadorette

Clerk of the Committee