ENVI Committee Meeting

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MINUTES OF PROCEEDINGS

Meeting No. 54

Tuesday, May 1, 2007

The Standing Committee on Environment and Sustainable Development met at 11:13 a.m. this day, in Room 362, East Block, the Chair, Bob Mills, presiding.

Members of the Committee present: Mike Allen, Bernard Bigras, Nathan Cullen, Luc Harvey, Marcel Lussier, David J. McGuinty, Bob Mills, Hon. Geoff Regan, Anthony Rota, Francis Scarpaleggia, Maurice Vellacott and Mark Warawa.

Associate Members present: Hon. John Godfrey.

In attendance: Library of Parliament: Tim Williams, Analyst ; Sam Banks, Analyst . House of Commons: Mike MacPherson, Legislative Clerk.

Witnesses: Department of Health: Sue Milburn-Hopwood, Director, Risk Management Bureau. Department of Justice: Jean-Sébastien Rochon, Counsel.

Pursuant to the Order of Reference of Tuesday, October 31, 2006, the Committee resumed consideration of Bill C-307, An Act to prohibit the use of benzyl butyl phthalate (BBP), dibutyl phthalate (DBP) and di(2-ethylhexyl)phthalate (DEHP) in certain products and to amend the Canadian Environmental Protection Act, 1999.

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

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

The Chair called Clause 2.

On Clause 2,

Mark Warawa moved, — That Bill C-307, in Clause 2, be amended by replacing lines 6 and 7 on page 1 with the following:

2. The Governor in Council shall, within 12 months after the coming into force of this Act, make regulations under subsection 30(1) of the Food and Drugs Act respecting cosmetics that contain bis(2-ethylhexyl)phthalate.

Debate arose thereon.

Jean-Sébastien Rochon answered questions.

RULING BY THE CHAIR

The amendment proposes to replace Clause 2 in its entirety and establish a framework for making regulations under subsection 30(1) of the Food and Drugs Act respecting cosmetics that contain bis(2-ethylhexyl)phthalate.

Clause 2 is the interpretation section of Bill C-307 and provides a definition for the term “Minister”. The amendment does not propose to amend this definition and is not relevant to Clause 2.

As House of Commons Procedure and Practice states on page 654:

“An amendment to a bill that was referred to committee after second reading is out of order if it is beyond the scope and principle of the bill.”

In the opinion of the Chair, the introduction of a framework for regulation making in this amendment is a new concept that is beyond the scope of Bill C-307 and is therefore inadmissible.

Clause 2 was negatived by a show of hands: YEAS: 3; NAYS: 4.

On Clause 3,

Mark Warawa moved, — That Bill C-307, in Clause 3, be amended by replacing line 8 on page 1 to line 17 on page 2 with the following:

3. The Governor in Council shall, within 12 months after the coming into force of this Act, make an order under section 6 of the Hazardous Products Act to add to Part I of Schedule I to that Act products whose reasonably forseeable use involves the product being brought into contact with the mouth of a child of less than three years of age and that contain bis(2-ethylhexyl)phthalate.

By unanimous consent, it was agreed, — That the Committee do now adjourn.

At 11:55 a.m., the Committee adjourned to the call of the Chair.

Justin Vaive
Clerk of the Committee

2007/10/15 12:10 p.m.