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MINUTES OF PROCEEDINGS
 
Meeting No. 41
 
Thursday, October 28, 2010
 

The Standing Committee on Industry, Science and Technology met at 11:00 a.m. this day, in Room 8-53, 131 Queen St., the Chair, David Sweet, presiding.

 

Members of the Committee present: Robert Bouchard, Peter Braid, Gordon Brown, Serge Cardin, Marc Garneau, Mike Lake, Brian Masse, Hon. Dan McTeague, Anthony Rota, David Sweet, Dave Van Kesteren and Mike Wallace.

 

Associate Members present: Luc Malo.

 

In attendance: Library of Parliament: Mathieu Frigon, Analyst; Dillan Theckedath, Analyst. House of Commons: Mike MacPherson, Legislative Clerk.

 

Witnesses: Department of Industry: Colette Downie, Director General, Marketplace Framework Policy Branch; Mona Frendo, Director, Patent and Trade-mark Policy Directorate; Rob Sutherland-Brown, Senior Counsel, Legal Services, Justice Canada. Department of Health: Lisa Lange, Associate Director, Bureau of Policy, Science and International Programs, Therapeutic Products Directorate. Department of Foreign Affairs and International Trade: Edith St-Hilaire, Director, Intellectual Property Trade Policy Division.

 
Pursuant to the Order of Reference of Wednesday, March 3, 2010, the Committee resumed consideration of Bill C-393, An Act to amend the Patent Act (drugs for international humanitarian purposes) and to make a consequential amendment to another Act.
 

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

 

The witnesses answered questions.

 

The Chair called Clause 1.

 

By unanimous consent, Clauses 1 to 14 inclusive were stood.

 

The Chair called Clause 15.

 

On Clause 15,

Marc Garneau moved, — That Bill C-393, in Clause 15, be amended by replacing line 1 on page 6 with the following:

“15. Schedules 2 to 4 of the Act are”

Debate arose thereon.

 

The question was put on the amendment of Marc Garneau and it was agreed to, by a show of hands: YEAS: 6; NAYS: 5.

 

The Chair ruled that the following two (2) amendments were consequential to the previous amendment and therefore they were also adopted:

That Bill C-393, in Clause 12, be amended by deleting line 35 on page 4 to line 28 on page 5.

That Bill C-393, in the Schedule, be amended by replacing the heading “SCHEDULE” after the reference “(Section 15)“ on page 8 with the following:

“SCHEDULE 2”

 

Clause 15, as amended, carried by a show of hands: YEAS: 6; NAYS: 5.

 

By unanimous consent, the Chair called Clause 2.

 

On Clause 2,

Dan McTeague moved, — That Bill C-393, in Clause 2, be amended by replacing, in the English version, line 14 on page 1 with the following:

“21.02 The definitions in this section apply”

 

The question was put on the amendment of Dan McTeague and it was agreed to on division.

 
Marc Garneau moved, — That Bill C-393, in Clause 2, be amended by replacing lines 18 to 22 on page 1 with the following:

“pharmaceutical product” means any patented product listed in Schedule 1 on the recommendation of the Minister and the Minister of Health in, if applicable, the dosage form, the strength and the route of administration specified in that Schedule in relation to the product.”

Debate arose thereon.

 

At 11:46 a.m., the sitting was suspended.

At 11:53 a.m., the sitting resumed.

 

By unanimous consent, the amendment was withdrawn.

 

After debate, Clause 2, as amended, was negatived.

 

By unanimous consent, the Chair called Clause 4.

 

On Clause 4,

Marc Garneau moved, — That Bill C-393, in Clause 4, be amended by deleting lines 15 to 18 on page 3.

Debate arose thereon.

 

On motion of Brian Masse, it was agreed, — The Committee resume its clause-by-clause study of the Bill from 10:00 a.m. to 12:00 p.m. on Monday, November 1, 2010.

 

At 1:06 p.m., the Committee adjourned to the call of the Chair.

 



Michelle Tittley
Clerk of the Committee

 
 
2011/03/02 11:05 a.m.