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Minutes of Proceedings

42nd Parliament, 1st Session
Meeting No. 95
Monday, March 19, 2018, 3:30 p.m. to 4:55 p.m.
Presiding
Bill Casey, Chair (Liberal)

House of Commons
• Olivier Champagne, Legislative Clerk
 
Library of Parliament
• Karin Phillips, Analyst
• Marlisa Tiedemann, Analyst
The Committee proceeded to the consideration of matters related to Committee business.

Motion

Ben Lobb moved, — That, pursuant to Standing Order 108(2), the Committee undertake a study of Health Canada’s recent decision to make Cystagon unavailable and of the impact of this policy change on the approximately 75 children and young adults in Canada suffering from the life-threatening effects of cystinosis; that the Minister of Health, government officials, and Canadians affected by cystinosis be invited to appear no later than Wednesday, March 28, 2018; that the Committee report its findings to the House; and that, pursuant to Standing Order 109, the Committee request that the Government table a comprehensive response to the report.

After debate, the question was put on the motion and it was negatived on the following recorded division:

YEAS: Alexandre Boulerice, Diane Finley, Marilyn Gladu, Ben Lobb — 4;

NAYS: Ramez Ayoub, Doug Eyolfson, Ron McKinnon, John Oliver, Sonia Sidhu — 5.

Motion

Alexandre Boulerice moved, — That, pursuant to Standing Order 108(2), the Committee undertake an emergency study of no fewer than three (3) meetings in order to develop recommendations on actions that the federal government can take, in partnership with the provinces and territories, to better regulate pre-mixed drinks with high alcohol, caffeine, and sugar content; that the Committee report its findings and recommendations to the House no later than June 2018; and that, pursuant to Standing Order 109, the Committee request that the Government table a comprehensive response to the report.

Debate arose thereon.

Amendment

Ramez Ayoub moved, — That the motion be amended by replacing the word “emergency” with the word “urgent” and by replacing the words "with high alcohol" with the words "combining high alcohol".

After debate, the question was put on the amendment of Ramez Ayoub and it was agreed to, by a show of hands: YEAS: 8; NAYS: 0.

The Committee resumed consideration of the motion, as amended :

That, pursuant to Standing Order 108(2), the Committee undertake an urgent study of no fewer than three (3) meetings in order to develop recommendations on actions that the federal government can take, in partnership with the provinces and territories, to better regulate pre-mixed drinks combining high alcohol, caffeine, and sugar content; that the Committee report its findings and recommendations to the House no later than June 2018; and that, pursuant to Standing Order 109, the Committee request that the Government table a comprehensive response to the report.

The question was put on the motion, as amended, and it was agreed to, by a show of hands: YEAS: 8; NAYS: 0.

Department of Health
• James Van Loon, Director General, Tobacco Control Directorate
• Mathew Cooke, Manager, Scientific Regulations Division
• Anne-Marie LeBel, Legal Counsel
Pursuant to the Order of Reference of Tuesday, January 30, 2018, the Committee resumed consideration of Bill S-5, An Act to amend the Tobacco Act and the Non-smokers’ Health Act and to make consequential amendments to other Acts.

The witnesses answered questions.

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

Clause 71 carried.

Clause 72 carried.

Clause 73 carried.

Clause 74 carried.

On Clause 75,

Sonia Sidhu moved, — That Bill S-5, in Clause 75, be amended by

(a) replacing line 14 on page 44 with the following:

“75 (1) Subsection 4(2) of the Canada Consumer

(b) adding after line 23 on page 44 the following:

“(2) Section 4 of the Act is amended by adding the following after subsection (3):

(4) The Consumer Chemicals and Containers Regulations, 2001 do not apply in respect of vaping products, within the meaning of paragraphs (a) to (c) of the definition vaping product in section 2 of the Tobacco and Vaping Products Act, unless those regulations are amended to expressly provide that they apply in respect of those products.

(3) Subsection 4(4) of the Act is repealed.”

Debate arose thereon.

The question was put on the amendment of Sonia Sidhu and it was agreed to, by a show of hands: YEAS: 5; NAYS: 1.

Clause 75, as amended, carried.

Clause 76 carried.

Clause 77 carried.

Clause 78 carried.

Clause 79 carried.

On New Clause 79.1,

Ramez Ayoub moved, — That Bill S-5 be amended by adding after line 14 on page 47 the following new clause:

“79.1 If Bill C-45, introduced in the 1st session of the 42nd Parliament and entitled An Act respecting cannabis and to amend the Controlled Drugs and Substances Act, the Criminal Code and other Acts, receives royal assent, then, on the first day on which both subsection 204(1) of that Act and section 3 of this Act are in force,

(a) the definition accessory in section 2 of the Tobacco and Vaping Products Act is replaced by the following:

accessory means a product that may be used in the consumption of a tobacco product, including a pipe, cigarette holder, cigar clip, lighter and matches, and also means a water pipe. It does not include cannabis accessories, as defined in subsection 2(1) of the Cannabis Act. (accessoire)

(b) the portion of the definition vaping product in section 2 of the Tobacco and Vaping Products Act after paragraph (d) is replaced by the following:

It does not include devices and substances or mixtures of substances that are excluded by the regulations, cannabis, as defined in subsection 2(1) of the Cannabis Act, cannabis accessories, as defined in that subsection, tobacco products or their accessories. (produit de vapotage)”

Debate arose thereon.

The question was put on the amendment of Ramez Ayoub and it was agreed to, by a show of hands: YEAS: 7; NAYS: 0.

On Clause 80,

Diane Finley moved, — That Bill S-5, in Clause 80, be amended

(a) by replacing line 18 on page 47 with the following:

“cil, but that day must be after the first anniversary of”

(b) by replacing lines 27 and 28 on page 47 with the following:

“56, 62, 63 and 68 to 70 come into force on the first anniversary of the day on which this Act receives royal”

(c) by replacing line 7 on page 48 with the following:

“first anniversary of the day on which this Act receives”

Debate arose thereon.

The question was put on the amendment of Diane Finley and it was negatived, by a show of hands: YEAS: 3; NAYS: 6.

Sonia Sidhu moved, — That Bill S-5, in Clause 80, be amended by replacing lines 26 and 27 on page 47 with the following:

“38 and 40, subsections 44(2) and (5), sections 56, 62 and 63, subsections 68(1) to (3) and sections 69 and 70 come into force on the 180th”

Debate arose thereon.

The question was put on the amendment of Sonia Sidhu and it was agreed to, by a show of hands: YEAS: 6; NAYS: 1.

Ron McKinnon moved, — That Bill S-5, in Clause 80, be amended by adding after line 12 on page 48 the following:

“(8) Subsection 75(3) comes into force on a day to be fixed by order of the Governor in Council.”

Debate arose thereon.

The question was put on the amendment of Ron McKinnon and it was agreed to, by a show of hands: YEAS: 7; NAYS: 0.

Clause 80, as amended, carried by a show of hands: YEAS: 6; NAYS: 0.

Clause 81 carried.

Clause 82 carried.

Clause 83 carried.

Clause 84 carried.

Clause 85 carried.

On the Schedule,

Ramez Ayoub moved, — That Bill S-5 be amended by

(a) replacing the portion of items 1 to 9 in column 2 of Schedule 2 set out in the schedule to the Bill, on page 50, with the following:

(b) replacing the portion of items 1 to 5 in column 2 of Schedule 3 set out in the schedule to the Bill, on page 50, with the following:

Debate arose thereon.

The question was put on the amendment of Ramez Ayoub and it was agreed to, by a show of hands: YEAS: 6; NAYS: 0.

Marilyn Gladu moved, — That Bill S-5, in the Schedule, be amended by adding after Item 9 of Schedule 2, page 50, in the columns shown, the following:

“Item: “10”

Column 1: “Diacetyl”

Column 2: “Vaping substances, except prescription vaping substances””

Debate arose thereon.

The question was put on the amendment of Marilyn Gladu and it was negatived, by a show of hands: YEAS: 4; NAYS: 5.

The Schedule, as amended, carried by a show of hands: YEAS: 8; NAYS: 0.

The Title carried by a show of hands: YEAS: 8; NAYS: 0.

The Bill, as amended, carried on the following recorded division:

YEAS: Ramez Ayoub, Don Davies, Doug Eyolfson, Diane Finley, Marilyn Gladu, Ben Lobb, Ron McKinnon, John Oliver, Sonia Sidhu — 9;

NAYS: — 0.

ORDERED, — That the Chair report the Bill, as amended, to the House.

At 4:33 p.m., the sitting was suspended.

At 4:39 p.m., the sitting resumed in camera.

The Committee resumed consideration of matters related to Committee business.

It was agreed, — That the workplan prepared by the analysts in relation to the study of Bill C-326, an Act to amend the Department of Health Act (drinking water guidelines), be adopted.

It was agreed, — That the proposed budget in the amount of $11,300 for the study of Bill C-326, an Act to amend the Department of Health Act (drinking water guidelines), be adopted.

At 4:55 p.m., the Committee adjourned to the call of the Chair.



Marie-Hélène Sauvé
Clerk of the Committee