HESA Committee Meeting
Notices of Meeting include information about the subject matter to be examined by the committee and date, time and place of the meeting, as well as a list of any witnesses scheduled to appear. The Evidence is the edited and revised transcript of what is said before a committee. The Minutes of Proceedings are the official record of the business conducted by the committee at a sitting.
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Minutes of Proceedings
The Committee commenced its clause-by-clause study of the Bill.
It was agreed, — That, notwithstanding the motion adopted Thursday, February 2, 2017, on clause-by-clause consideration of Bill C-37, An Act to amend the Controlled Drugs and Substances Act and to make related amendments to other Acts, the Chair may limit debate to ten minutes per party, per amendment, for clause 42.
The witnesses answered questions.
Pursuant to Standing Order 75(1), consideration of the Preamble was postponed.
The Chair called Clause 1.
By unanimous consent, Clauses 1 to 41 inclusive carried severally.
On Clause 42,
Pursuant to the order adopted by the Committee on Monday, May 2, 2016, the following amendment, submitted by Elizabeth May for the consideration of the Committee, was deemed moved:
That Bill C-37, in Clause 42, be amended by replacing lines 10 to 20 on page 44 with the following:
“shall include information related to the local conditions indicating a need for the site, submitted in the form and manner determined by the Minister.
Additional Information
(2.1) The Minister may require that an application for exemption under subsection (1) include information related to the regulatory structure in place to support the site and the resources available to support its maintenance.”
After debate, the question was put on the amendment of Elizabeth May and it was negatived, by a show of hands: YEAS: 1; NAYS: 5.
“shall include information, submitted in the form and manner determined by the Minister, related to
(a) the intended public health benefits of the site;
(b) the local conditions indicating a need for the site; and
(c) the resources available to support the maintenance of the site.
Evidence
(2.1) In relation to an application for exemption under subsection (1), the Minister may take into account evidence, if any, related to
(a) the impact of the site on crime rates;
(b) the administrative structure in place to support the site; and
(c) expressions of community support or opposition.
After debate, the question was put on the amendment of Don Davies and it was negatived, by a show of hands: YEAS: 1; NAYS: 8.
John Oliver moved, — That Bill C-37, in Clause 42, be amended
(a) by replacing lines 10 and 11 on page 44 with the following:
“shall include information, submitted in the form and manner determined by the Minister, regarding the intended public”
(b) by replacing line 16 on page 44 with the following:
“(c) the administrative structure in place to support the” .
After debate, the question was put on the amendment of John Oliver and it was agreed to, by a show of hands: YEAS: 6; NAYS: 3.
“Additional information
(2.1) An application for an exemption under subsection (1) shall also include
(a) letters from both an authorized representative of the municipality in which the site would be located and the head of the police force that is responsible for providing policing services to the municipality in which the site would be located indicating their support for or opposition to the proposed site and including information related to the matters described in paragraphs 56.1(2)(a) through (e);
(b) evidence that all households within a radius of two kilometers of the site were notified of the ability to provide expressions of community support for or opposition to the proposed site for the purposes of paragraph 56(2)(e);
(c) evidence that the Member of Parliament representing the electoral district in which the site would be located was informed of the proposed application;
(d) evidence that any consultation for the purposes of gathering information related to paragraph 56(2)(e) included consultations that were held in both official languages and were accessible to persons with disabilities; and
(e) information regarding schools, churches, hospitals, businesses, and places of recreation or entertainment located within a radius of two kilometers of the site.”
After debate, the question was put on the amendment of Colin Carrie and it was negatived, by a show of hands: YEAS: 3; NAYS: 6.
“(4) The Minister may grant an exemption under subsection (1) not earlier than 45 days after the day on which the Minister provides public notice, in the form and manner determined by the Minister, of any application for an exemption under subsection (1). The notice shall include the period of time — not to exceed 90 days — in which members of the public may provide the Minister with comments.
(4.1) The Minister shall cause any comments received under subsection (4) to be made publicly available prior to granting the exemption.
After debate, the question was put on the amendment of Rachael Harder and it was negatived, by a show of hands: YEAS: 3; NAYS: 6.
Clause 42, as amended, carried.
Pursuant to the order adopted by the Committee on Monday, May 2, 2016, the following amendment, submitted by Elizabeth May for the consideration of the Committee, was deemed moved:
That Bill C-37 be amended by adding before line 1 on page 45 the following new clause:
“42.1 The Act is amended by adding the following after section 56.1:
Delegation
56.2 The Minister may, on any terms and conditions that the Minister considers necessary, delegate, in writing, the power to grant an exemption under subsection 56(1) to a provincial minister who is responsible for health.
The Chair ruled the proposed amendment inadmissible because it was beyond the scope of the Bill, as provided on page 766 of House of Commons Procedure and Practice, Second Edition.
“42.1 The Act is amended by adding the following after section 56.1:
56.2 (1) For the purpose of allowing certain activities to take place or to continue to take place at a supervised consumption site, the minister responsible for health in a province may request, in writing, that the Minister exempt the following from the application of all or any of the provisions of this Act or the regulations if, in the opinion of the provincial minister, the exemption is necessary to respond to a public health emergency in the vicinity of the site or in the municipality in which the site would be located:
(a) any person or class of persons in relation to a controlled substance or precursor that is obtained in a manner not authorized under this Act; or
(b) any controlled substance or precursor or any class of either of them that is obtained in a manner not authorized under this Act.
(2) The Minister shall, within three days after the day on which the request referred to in subsection (1) is received, publish the request on the departmental website.
(3) The Minister may, in response to a request made under subsection (1), grant an exemption, for a period not to exceed one year, on the terms and conditions that the Minister considers necessary.
(4) If the Minister does not make a decision in respect of an exemption requested under subsection (1) within seven days after the day on which the request is received, the Minister is deemed to have granted the exemption on the seventh day after the day on which the request was received.
(5) The Minister shall, within five days after the day on which on which a decision in respect of a request made under subsection (1) is made, publish the decision on the departmental website.
(6) The period of one year for which an exemption is granted under this section begins on the day after the day on which the exemption is granted or deemed to have been granted by the Minister.”
After debate, the question was put on the amendment of Don Davies and it was negatived, by a show of hands: YEAS: 1; NAYS: 8.
By unanimous consent, Clauses 43 to 73 inclusive carried severally.
Schedule 1 carried.
Schedule 2 carried.
The Preamble carried.
The Title carried.
The Bill, as amended, carried.
ORDERED, — That the Chair report the Bill, as amended, to the House.
ORDERED, — That Bill C-37, as amended, be reprinted for the use of the House at report stage.
At 1:28 p.m., the Committee adjourned to the call of the Chair.