:
Good afternoon, everybody.
I would like to welcome our guests to our committee. It's indeed a pleasure to have you.
Today we have our witnesses from the University of Toronto, Dr. Ghalami, senior biosafety officer for environmental health and safety. Welcome. We have Wayne Conlan, principal research officer, as well.
From the Public Health Agency of Canada, at the second round, we have Dr. Butler-Jones and Dr. Tam.
This round is going to go from 3:30 to 4:30, so we're right on time. I would ask that each organization give a ten-minute presentation. We're looking forward to your presentations.
Dr. Ghalami, would you like to start first?
:
Honourable members, first of all I would like to mention I do not have a PhD; I am not a doctor.
My name is Ayoob Ghalami. I am the senior biosafety officer for the University of Toronto, speaking as an individual today. Thank you for the opportunity to come and talk on . I think it is a fantastic bill. I fully support it, for reasons I will explain.
As a biosafety officer, my job is on a small scale of what the Public Health Agency of Canada does. I look after 250 labs and three campuses at the University of Toronto. I look after animal facilities that deal with biologicals and I also deal with clinical settings that are set within our university-controlled premises.
I think I would be terrified if I were in public health and got supervision of a lab where I don't know what they have, what they deal with, and where they have it. The burden will be on my shoulders to go and deal with it tomorrow if anything goes wrong. How do I do resource management? How do I do proactive means to make sure individuals are trained? And how do I deal with emergencies?
It's really hard to do proper risk management and risk assessment when you do not know the calibre of the stuff you have to deal with. On the other hand, as we all know, we are in a society of licences and permits. You can't drive if you don't have a valid driver's licence. You can't get married if you don't have a valid licence. You can't open a restaurant if you don't have the proper permits to open a restaurant. However, it seems we are all fine if someone doesn't have a valid licence or permit to deal with biologicals that have and could have the possibility of having an enormous impact on our community. That terrifies me.
On one hand, as an institution what we have decided to do is.... I think this bill would level the playing field for everyone. Currently if I have a principal investigator who imported the biological agent, they're under binding contract with the Public Health Agency of Canada to follow their guidelines. But if another lab gets the same bug from a hospital they have no obligation to do anything. As an institution we don't see that visible practical, so we treat everyone the same. Another reason for that is the memorandum of understanding, which as a public institution we have signed by tri-council government granting agencies, provides the university with the financial means to do research. So that is how we practise that.
I would also like to mention to honourable members that I am a father of two. I have an eight-year-old and a seven-year-old. I really think I have to build a legacy for us to do the right thing so our kids have a safer and a better work environment than we had. I think that's the least we can give our kids.
So far I am 100% for the bill and I see it hands-on in the field. I run the biosafety program for the biggest university in the country and I think we have an established program. Having said that, we in the university try to do our best. We have established a biosafety committee that has 14 faculty members. We have a virologist, a prion specialist, a microbiologist, we have a vice-dean of medicine who sits on that panel, 14 faculty members. We have an occupational health doctor, two veterinarians, me, and three other senior administrators on this panel to decide on everything. We have mandatory training. Whoever works with biological has to be fully trained. Even if they're faculty members, they have to write a test so we understand they know their obligations. We have mandatory medical surveillance. What that means is if you work with human blood, you will possibly be exposed to hepatitis C and you have to be immunized before you do that. And we also have planned post-exposure prophylaxis for you so if you splash your ocular membrane with blood you can go to the hospital and get treated, because if you've got HIV in your system you have to be treated very quickly; time is of the essence. These are what we have achieved as an institution. But if there are no guidelines, these aren't following the guidelines.
For that reason, I really feel and hope members see it that I as an individual, a citizen, feel how important it is for us to have it. When you send your young kid to a university, hospital, or workplace, you really want to make sure all those proactive actions have been taken, so they're in safe hands.
These were the positive things I had to say about the bill. Now I'll come to the other side.
Biological agents are extremely fluid. To put it simply, we have researchers who work with HIV, which is an anti-virus; they use it as a viral vector, so they use it for gene therapy. The anti-virus can infect dividing and non-dividing cells, but it has a narrow host range. What they do is they take HIV, change the membrane to make sure the host range is broader. So now the target cells it can infect are not just one cell; it can infect anything. On top of that, sometimes they put an oncogene, a cancer-causing gene, inside it to infect. How do you do a risk assessment on that? How do you put it in a schedule? This is not fluid. Schedules are there, fixed, done. This changes all the time.
We want to make sure the bill meets the needs of industry. We change all the time. To put in a solid schedule without input or without routine change is not going to help us. I think there has to be a provision on that.
We, as the University of Toronto, have met with the Public Health Agency of Canada in Toronto and we have mentioned it, and they have agreed there will be some changes, or at least there will be input from experts in the field when they change the category.
The second thing we have confirmation on and that will be cited is the security clearance. I think it's extremely important that we have a secure country. I am not a sportsman. I don't think I needed to say that—my physical looks show it—but the reality is that if you're not a good soccer player you'll run after every single ball and you'll exhaust yourself. When it comes to the time you're going to go score, you don't have the energy and means.
As an institution they decided, and I as a biosafety officer feel that—and I think public health has agreed—risk group two should be exempt from security clearance and all the other stuff. At the same time, public health should have full authority to go to check the institutions for risk group two. Listeria is risk group two. E. coli is risk group two. Varicella is risk group two. It's extremely important that they do have supervision, and there is a model existent out there already.
The Canadian Nuclear Safety Commissioner gives the institution as a whole a permit, so you have a permit to function and they know what you have. At any given time they have the right to come and audit your operation to see what you're in compliance with and what you're not in compliance with. At the same time, you don't have to get a permit to buy anything that you want to buy at any given time. If we get that model for risk group two and have as much control as Bill C-11 says for risk group three, most institutions would be able to function and we would leave a good legacy for our kids, because they would be in better hands than we are.
I thank you for your time, and I welcome questions when my turn comes.
:
My name is Wayne Conlan. I'm a research scientist with the National Research Council, but I am appearing today as an individual. I'm a microbiologist with 27 years' experience working in level two and level three containment labs in the United Kingdom, the United States, and Canada.
I was a member of the committee that compiled the current Health Canada laboratory biosafety guidelines. Currently, I run a small-animal level three biocontainment facility at the NRC with a focus on highly virulent biodefence pathogens that cause life-threatening infections when inhaled.
I've been the responsible official for the design and implementation of all the biocontainment, biosafety, and biosecurity policies associated with this facility and for training staff in all these areas. And the requisite paperwork occupies more of my file space than all my other activities combined.
Annually, for the past ten years, my facility has been certified for its purpose by the Public Health Agency of Canada and the Canadian Food Inspection Agency. I receive significant funding for this work from the U.S. National Institutes of Health, and therefore my lab must also comply with the U.S. select agent rule, on which appears to be partially modelled. Consequently, our level three containment facility has been inspected by representatives from the U.S. Centers for Disease Control and Prevention, most recently in October 2008, to ensure that it is operating in conditions equivalent to those required by the select agent rule.
In complying with the select agent rule, our laboratory is already fully operating within the limits being proposed by Bill C-11. For instance, all of our staff with access to our level three biocontainment facility have secret level clearance. Likewise, we already quantitatively update our pathogen inventories every three months. So I don't anticipate that compliance with Bill C-11 will impose any undue additional hardship on the operations of current level three containment facilities in Canada.
It needs to be remembered, in this regard, that many thousands of U.S. researchers are having to comply with the select agent rule, since their federal funding depends on it.
Interestingly, the revelation that the anthrax attack conducted by the U.S. Postal Service was an inside job now calls for even greater restrictions on the U.S. research community, including recommendations that staff with access to select agents undergo mandatory psychological screening. But given the innate eccentricity of many scientists, this could lead to the complete dismantling of the entire U.S. research enterprise in this area. So I hope we choose not to go down this road in Canada.
For the Canadian research community, it's the proposed oversight of level two labs that seems to be the most contentious issue. To date, this has been exclusively managed by the host institutions themselves. However, all such labs ought to be complying with the current biosafety guidelines and should therefore be readily able to comply with the provisions of .
In this regard, prior to the anthrax attack, the worst deliberate case of bioterrorism in the U.S. involved a religious cult contaminating several restaurant salad bars with a level two salmonella species, causing over 700 cases of food poisoning. Indeed, under normal circumstances, level two pathogens kill far more Canadians than level three pathogens. So there is a realistic argument to be made for more formal regulation of these organisms. I guess, on the other hand, it could be argued that level two pathogens are so ubiquitous in our everyday lives that they deserve no special consideration simply because they're being used in research. An analogy with this can be drawn between laboratory rodents, the use of which in research is highly regulated, and wild rodents, which anybody is allowed to kill by any means.
Overall, given the level of compliance being sought by Bill C-11 with respect to level two pathogens, it is difficult to argue against their inclusion in the act. However, level two labs are far more numerous than level three and four labs, and the system for regulating these could be overwhelmed if all these facilities try to register at once to comply with the act. It is incumbent on the Public Health Agency of Canada to ensure that the process of online registration of level two labs is an essentially painless experience that does not delay research progress. Allowing organizations to register all their level two labs in a single application should help in this regard.
There are a few issues obviously addressed by the act on which clarification would be helpful for assessing likely impacts of the act on the research community. For example, many labs use crippled strains of risk group two and three pathogens that are completely harmless, but it's not clear that these will be exempted from the act.
Additionally, many labs not involved in pathogen research use certain toxins in small quantities. A lot of immunologists use cholera toxin or enterotoxin in their immunology research as vaccine adjuvants, for example. Will these labs need to register? My own belief is that they should be allowed to possess a threshold limit of such toxins before being expected to register their facilities.
I thank you for your time. I am willing to answer any questions you might have.
:
It's totally different. I'll give you other examples.
Any restaurant gets inspected by the Ministry of Labour because it's a workplace. At the same time, you get health inspectors checking on food quality. I think the Public Health Agency is the ultimate authority, but nowadays technology has changed so much that a regular Ministry of Labour inspector won't be able to comprehend the scope of the research. I'm not offending them by any means—they're really good at what they do—but technology has changed. You need a specialist to understand this stuff. I think this is the second complementary step. I understand, yes, paperwork is not good, but the consequence of not acting is not good either.
If you check the research, you'll see that American public health had statistical data from 1951 to 1996, and they had to study 4,000 cases. Out of those 4,000 cases, 61% were research institutions that got lab-acquired infection. You're the worst offenders, because you get used to your bug all the time, it becomes part of the family. There is no administrative control, there is no engineering control, you're in a research setting. The only thing we have is a second set of eyes to come and look, because you get used to your wrong practices. You need someone to come and correct you so you don't do that, and it's safe again.
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You mention a great point. When George Bush came into power and they didn't want stem cell research, we got lots of scientists. It was their loss, our gain. We got lots of scientists from the States who couldn't do research there and they came to Canada, exactly. If we have such a restrictive rule, we will lose scientists to elsewhere.
But the reality is, if I go back to my initial statement, that if the security requirement, as promised, gets lifted off risk group two, and if, as we have discussed with the Public Health Agency of Canada, they adopt what the Canadian Nuclear Safety Commission does--namely, you get certified as an institution so that you can deal with anything under risk group three--it will not have any paperwork burden or administrative burden on us.
There are two “ifs” that I put: one, if they give us an institutional licence, which they've agreed to because it will be good for them as well, since they won't have to do 250 labs individually; and two, if they elevate the security requirement for risk group two. My clearance on the bill is that if these two, as promised, go out, then we won't have to do anything differently than we do. If other institutions are not doing it, they owe it to their staff and students to do it, because that is the right thing to do. I can't talk on their behalf.
:
Thank you very much, Madam Chair.
I want to thank the witnesses for being here today, because we have heard some other things from different witnesses.
Mr. Ghalami, you brought up something that I found to be quite an interesting way of putting things. You said “you get used to your bugs all the time”. I remember years ago working on a construction site, where there were guys who were explosive experts, who got used to working with their dynamite. You'd see these guys and you'd think they're handling the dynamite quite clumsily, but they get used to it. But it's still dynamite, and it's still explosive.
We've had other witnesses who say this level two stuff isn't that bad, but could you let us know what can happen with some of these level two pathogens? You mentioned that HIV is a level two pathogen, and you said that salmonella and different strains of E. coli were too. What can happen to the public if these things aren't controlled?
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For sure. It used to be common practice for researchers to share their pathogens.
As far as level two pathogens are concerned, the most risk is to the researcher, unless there's malicious intent. If there's malicious intent, you could do a lot of damage with a level two pathogen, if you decided, as they did in the U.S., to take some listeria and go to several Pizza Huts locally and spike the salad bars with listeria or salmonella or shigella. So there's potential to do harm, but what's the likelihood that people would do so?
But in day-to-day research, the people who are primarily at risk are the researchers. So it's more a workplace hazard than anything else. Level two pathogens don't tend to be that contagious, so the primary risk is to the individual who's working with them.
:
If security is lifted, and if the operation of licensing would be adopted like the Canadian Nuclear Safety Commission does, I can confidently say that we don't have to do anything different at the University of Toronto. Everything should run that way, and it should have been that way, because we have signed a memorandum of understanding with the tri-council to abide by the guidelines, third edition, that the Public Health Agency has put out there.
Regardless of that, it is a good practice to do, because we're making sure--just going back to the previous question you asked--risk group two are considered moderate individual, low community. So if something could be aerosolized like TB, it will never be risk group two; it will be risk group three. Risk group two is always the individuals, as my colleague mentioned, the individual who is performing the research.
But do we want our researchers to get sick? No. Again, it comes to the fact that you want to make sure the mandatory training is there. You want to make sure you have a reporting system, and if you get lots of people who are exposed to the agent, they work. Maybe the institution needs to revisit how they practice to train their individuals, or what means they have. So it goes back to that route.
As I said, you don't have to do anything at my institution because we have everything in place as the guidelines mandate.
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But perhaps with the provincial regulatory bodies. That's one of the key concerns the provinces have: that this is an additional layer of regulatory burden. Presumably, Mr. Ghalami, you have that regulatory burden already and that's why you're saying this wouldn't make any change. But the provinces are concerned that there's now another regime.
When I read the act, I must admit that with respect to the comment that other than security clearances there wouldn't be any impact on the schedule 2, I see disclosure of information, licensing, registering, security clearances, inspection, enforcement, and so on. All looks to me in the bill to be covering the schedule 2 as well, even though the verbal description of what may be intended is different than that. It's woven throughout this bill. I think that's a concern as well.
Do you experience registering and requirements through the provincial regime for your labs, or perhaps that's not the case in Ontario, and just in British Columbia?
:
Thank you, honourable member. That's a great question.
Obviously now I am the inspector. I have a biosafety officer who goes and inspects labs. If she has any problems, I go to inspect the lab. No one comes to check my work to see if I have done it right or wrong.
From a personal perspective, if the Public Health Agency of Canada doesn't come, my call goes. If the Public Health Agency of Canada comes, then you have another unbiased, second set of eyes that check your functions. We do get audited by the tri-council, but all they care about is making sure we have a system in place. They don't go and inspect labs. They're chartered accountants. They want to make sure you have all your paperwork in order and you have a system in place. So they check the entirety of your system, but they do not check the lab work at a hands-on level. As a biosafety officer, I would be more comfortable seeing someone qualified check my lab.
There was another comment we made as an institution, saying that we hope and request that the inspectors who are going to come to the labs have the same credentials or qualifications as we biosafety officers so that we do not deal with an individual who does not understand the scope of the stuff.
So far the Public Health Agency, I can confidently say, is one of the best regulators. They understand the scientific side as well, and I say it with pride. But the reality is that we don't know if it's going to be the inspectors or not. We hope that will be the case, and that they keep the legacy that when they send the inspectors, the inspectors would represent what they do currently.
[English]
I want to begin by thanking the committee members. I'm going to be very brief in my comments and leave lots of time for questions.
I really want to thank you for the time and the work being put into reviewing the legislation. We take all of it very seriously. It is interesting to reflect that part of my pleasure is that five or six years ago, before SARS and before the agency, it was difficult to get anybody to pay attention to these issues. Now people are paying attention. That is only a good thing.
I think we can agree that the proposed Human Pathogens and Toxins Act is an important tool--
Ms. Judy Wasylycia-Leis: Be careful what you wish for.
Dr. Butler-Jones: No, I prefer this, I must say, for protecting the health and safety of Canadians.
[Translation]
Accordingly, we've taken its development very seriously.
[English]
The legislation has already benefited from a series of meetings with over 400 stakeholders since it was tabled, including some of the witnesses you've already heard from. Through these discussions several common themes have emerged. These themes will provide the basis for continued stakeholder dialogue on elements of the proposed regulations moving forward. Our objective in working with stakeholders is to make sure that the program and the regulatory framework strike a balance between the needs of biosafety and biosecurity and the interests of ongoing science and research.
We have heard this committee.
[Translation]
We at the Public Health Agency of Canada will do whatever is necessary to provide this committee with the assurances needed.
[English]
We will follow through with our stated intentions regarding the program and regulatory framework, and I think you've seen the regulatory framework. In light of recent dialogue around this bill we will redouble our efforts to engage the stakeholders and to listen and respond to their concerns in keeping with the commitments we have made before this committee and across the country. We have made available this program and regulatory framework document earlier this week. I think you'll find it a good discussion point to start from with respect to a number of concerns that people have raised.
Let me thank you again for your time and thought. We are here to try to address all the questions you might raise.
Madam.
:
Well, at this point the committee is reviewing it. Under our original intent, the legislation itself was high-level, but often legislation is. At the point where the rubber hits the road, many of the concerns will be difficult to address in legislation, because it's a bit of a blunt instrument. For example, is it all level two pathogens that we are concerned about? No. Is it even all level three pathogens that we're concerned about? No. But it will require an extensive consultation with those who are experts in all of these fields to know which ones we're worried about and which we aren't. Questions about whether something is E. coli 157 or the E. coli that everybody has in their gut, et cetera, will require extensive consultation to make sure we have the right ones in the right categories from a regulatory standpoint.
It's the same with the issue of security clearance. We have no desire for or interest in security clearance for level two alone. That is an unnecessary burden and will not assist us. The whole intent of it, through the regulatory process and the program framework, is to have the least intrusive, most effective regime, with the fewest side effects—just as we have therapeutically. That will require a lot more detailed conversation and consultation than we can get by means of the development of the act itself. But the act will set the framework from which we can move. It will take us some time to get to the regulatory...but that's what I mean by our intent: to continue through with it.
We all want this to be right; we all want it to be a minimum burden; we all want to be effective. We have already had situations.... For example, some members of the committee will remember when we identified H2N2, being distributed all around the world.
H2N2 was the last pandemic virus, from the 1960s. No one born since then has any immunity. It was sent as a lab proficiency test labelled as pathogen level two to 8,000 labs, including doctors' offices, around the world. That could have been the next pandemic. It's only because we had the regulatory framework in place for imported pathogens that we were able not only to identify where it came from, but also to deal with all the facilities in Canada that had imported it, so that very quickly they could destroy it. That's just one instance.
:
In terms of what you're saying, a lot of the testimony has been that “high-level” is too broad and takes in too much stuff, particularly in the schedules. Will you be helping the minister with some amendments to this?
You know what our problem is. People were invited to an information session—today's testimony was a bit different—that they now perceive was a one-way communication. Every concern they then expressed they expressed again here at committee. They do not feel that their concerns were reflected in the new bill. Continuing to consult on the regs when people have serious concerns with the bill isn't going to do the trick for those of us who heard the witnesses and are worried that what may be “high-level” is too broad or has unintended consequences around security clearances and duplication.
Both B.C. and Ontario are upset. They're also upset with being treated like a stakeholder instead of a partner. Somehow the pre-work to bring a bill to the Parliament of Canada doesn't seem to have been done, in terms of the two-way communication needed to get a better bill.
Concerning my comments last week that the minister was let down, I believe that in any kind of stakeholder engagement people need to feel that they were heard. If you're not able to do what they said, then it is our requirement to go back to them to say: “you said this; we're not going to be able to do it because of Y”; or, “you said this, but harmonizing with the world means we have to do this”. The concern we had, that two big universities in the States have stopped dealing with certain pathogens because of this too-restrictive regime, is very worrying to us, as a deterrent to getting a safe Canada; certain people just think it's too expensive or complicated to do the research that is required.
I want to ask again. On quality assurance around citizen engagement, you heard a lot of stuff that a lot of witnesses say is not reflected in the new bill. Could you, even at your own agency, go back to find out what you heard and table for us what you heard and tell us why you can't do it? Why is it not reflected in the bill?
With both the previous bill and the current bill we have engaged with a whole range of people--partners and others--in the last while. We'll be quite happy to table it once we have it translated. This is basically on who was there, what they said, and what we heard. We will continue to do that.
The issue, which is partly a parliamentary and government decision, is what do you put in the act versus what do you put in the regulations. It's not that we won't address it, but what is absolutely necessary in the act versus the specificity you need in the regulations? So it is partly for the legislatures to pursue that conversation.
What we have heard through the discussions and what we have heard now resonates with us and our intent. If you look at our draft regulatory framework you see that most of what they're talking about is actually accommodated in our plan as we move forward. But we will need to consult quite extensively throughout this whole process over the next while in the development of the program architecture and the regulatory framework to make sure we have it right.
At the end of the day, to be a little bit realistic, until things are actually in force and they see how it's applied, people will be putting down markers: please don't do this, or we're worried about that. Until it's actually lived with.... I don't really know these guys, so it's interesting to hear them talk about their experience--because they're already regulated by us due to their importation--and their comfort level with the way we've been doing it. A lot of the others don't have that kind of requirement, so they're nervous about what might be, and just us saying it until they see it is difficult.
:
Thank you, Madam Chair.
Thank you for joining us once again.
I'd like to start with a general comment. We have heard today from two individuals who genuinely feel that they have been consulted and who are both supportive of the bill. Earlier, we heard from other witnesses have truly believe they were not consulted and who are opposed to the bill, with some qualifications. While they agree with the substance of the bill, they object to some of its provisions. That should be a lesson to us. When consultations are held, there is a greater likelihood of garnering widespread support. That is what has been lacking thus far. Feel free to comment if you like.
Now then, I'd like to discuss a letter that we received from the Privacy Commissioner. I felt it was important to seek out her opinion because certain aspects of the bill pertain directly to the disclosure of information. Here is the Commissioner's response:
We had hoped to see a privacy impact assessment (PIA) to understand how any privacy risks in this Bill had been mitigated, but we have not yet received one. [...] Our Office should be seeing PIAs well before the decisions have been implemented so we can provide feedback early in the process.
Why have you not provided these PIAs to the Commissioner? Have they been done?
:
The privacy impact assessment will be carried out as part of the process of developing the program and the regulations. The department is required to conduct this assessment.
The Privacy Act and the Charter will continue to apply when authority is exercised pursuant to the new act. We always do a PIA when we tackle such issues.
We have read the Commissioner's letter. Certain principles will continue to apply, particularly the ones having to do with the application of section 4 of the Privacy Act. Two principles are entrenched in the act. When the government is authorized to collect and disclose personal information, it must comply with certain regulations. We refer to this as
[English]
the minimum collection rule and the minimal disclosure principle.
[Translation]
These two principles will continue to apply in the case of all powers exercised pursuant to the new act.
I know the Commissioner has commented on similar provisions that appear in different acts, whether it be the Quarantine Act or the Food and Drug Act. These two acts contain similar restrictions. We strongly believe that our assessment has enabled us to draft these provisions properly and mitigate their limitations. We will continue to apply these principles.
:
I have two points. One I have spoken to and would speak more to is the issue we face, sometimes, with level two labs. It's not the universities I'm worried about. It's not the provincial laboratories I'm worried about. There are a large number of labs out there that don't have that same kind of discipline, scrutiny, oversight, and so on. For example, with respect to the recent H5 incident in Europe, the Europeans are asking us what means we have to ensure that we can find out what is where and what's been sent where so we can actually trace this stuff. Currently we have no authority to do that.
Where provincial acts exist, they tend to be about occupational health and safety and about quality, not about biosecurity or biosafety. So it is filling a gap. It will require extensive consultation, as I said before, to address these issues. It will also require close cooperation with the provinces and territories to make sure that we're complementary. We're even talking with them about joint kinds of regimes in terms of how we minimize the burden on facilities and minimize paperwork and ensure that we actually address these things effectively.
On the question of how much you'd like to be clear about the intent in the legislation, how you proceed with that is a decision of the committee. As I said earlier, people may trust me. They may trust the agency. They want to know where we're going. But there are provisions. We're required by the whole legislative process to ensure that we consult extensively throughout the regulatory development process, which is what we will do. We are committed to that. You see in the regulatory framework, in the statements today, what our intent is and what our plan is, which is on the record.
:
Thank you very much, Madam Chair.
Just to follow up on Judy's line of questioning, some of the people said we should get rid of level two, but I think they based their objections on a belief that the security was going to be a problem for them. Even Mr. Ghalami said today that if we could get rid of that security requirement....
You mentioned that there is no intent to do what these previous witnesses thought you were going to do, so I see that there has been a misunderstanding among the witnesses we had before.
I want to talk to you a little bit about how the stakeholders have been engaged. My understanding was that you had sessions in Saskatoon, Quebec City, Montreal, Ottawa, Winnipeg, Halifax, Toronto, Vancouver, Guelph, and Calgary. Over 2,700 e-mails were sent out. You held up something, Dr. Butler-Jones, about your list. How many pages is that? What do you have?
:
I'll let Theresa speak to the sessions.
The only thing I want to say is that I really appreciate all the input. At the bottom line, we want to get this right, in any legislation, in anything we do. To be effective, we have to be transparent. We have to be collaborative as an agency. Public health respects no borders. So at whatever point it comes into the process, when we're told, “Oh, you haven't thought about this,” I'm quite happy to hear that.
That said, we've also had all these discussions, etc., over time, and some of it is placing down markers. In other words, as in Judy's question, let's make sure it is clear what we're saying here and what we plan to do. As to whether you do it in the act, in the regulations, in the consultations, or in the related documents, that's a bit of a judgment call, from my perspective, as long as we get there.
I'm quite happy to hear all of this, even if some of the people we've already had conversations with have left the conversation saying “I'm fine with that”, and then come back. They have a second thought, as we often do, or they hear from someone else and then rumours start. So we address that input then.
I'm quite happy to have it come forward at any time, because it's better to address it. We're taking account of all this, including the deliberations of this committee, and we will make sure that we address that in the best way possible.
Theresa can speak to it, if you wish.
:
I think it was always intended to treat risk group two differently than risk groups three and four.
I just want to address that. We did listen to stakeholders, and we did adjust the bill in light of stakeholder input.
On the security clearance, it's actually quite an interesting piece. Originally we had, in clause 33, concerning security clearances, all risk group three and risk group four. The language was adjusted so that it was for select pathogens and toxins, because we wanted to have the flexibility for risk group three so that we might not have to include all of them. But now it is being read as, “Well, are you including risk group two?”
It was really because we heard that even putting risk groups three and four didn't give the flexibility, so through consultation in the regulations it would allow some flexibility to only determine select risk group three.
We also heard from them about the issue of students and others needing security clearance, and we actually included in clause 33 allowance for a complement of individuals who do not have security clearance in the labs. The intent is not to have security clearance for risk group two. The intent of that sentence was actually to give more flexibility to be more specific on specific pathogens. Whilst doing that, then, obviously some people found that the intent for risk group two isn't evident. But that was the intent.
If there are issues with the wording, we have actually made some changes because of it.
I just have a quick question, and perhaps it's my naïveté that leads me to ask this question. It seems to me that a lot of the concerns we've been hearing are the fact that we're beyond the trust-me mentality in these days, and people are not so much concerned about what the bill is doing or what we hope the bill will do, because I think everybody believes in biosecurity, safety, and so on. What they're concerned about is what's going to be in the regulations.
When I look at the document, the “Potential Program and Regulatory Framework”, dated February 2, I look at things that say “could involve”, “also likely”, “it is likely”, “could be a phase-in”, “no intention”, “could be”. Why can you not change some of the things in this document to be more definitive and address some of the questions and concerns people have? Would that not allay some of the fears?
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For the laboratories already complying with the human pathogens importation regulations, I would say we think almost all the group threes and of course the risk group four lab already do that. The clear messages to us are concerns around risk group two.
For risk group two, we have laid out a proposed regulatory and program framework that says we do not intend to require security clearance. We intend for people to keep inventories simple, so they can be produced if we need them to. Inspections are not going to be every year; they're going to be as needed and spot checks as required. All those program designs and the regulatory intent was there to minimize the impact.
We have a level two lab within the Public Health Agency. Some of the ways we were trying to look at impact were in fact to ask them directly. So we asked, “Upon royal assent, what would be the impact on your lab?”, and they said, “Very minimal. All we need to do is make sure we provide a contact person, a name, and whether we have any prohibited organisms.” Then, really, it's in the program design. Regarding the cost, we've done some ballparking, but that cannot be done in detail—and we have accountants trying to work this through—until the program design is done in detail, and that requires the stakeholder input.
We're in a circulatory design mode right now whereby we want to reduce impact; we don't want to lay it down in stone. At the same time, then, you can't have the exact cost, but I could safely say for risk group two we are trying to minimize the impact.