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Minutes of Proceedings

42nd Parliament, 1st Session
Meeting No. 38
Thursday, December 1, 2016, 11:01 a.m. to 11:29 a.m.
Presiding
Anthony Housefather, Chair (Liberal)

• Bill Blair (Liberal)
• Sean Casey (Liberal)
Library of Parliament
• Lyne Casavant, Analyst
• Julia Nicol, Analyst
 
House of Commons
• Marie-France Renaud, Legislative Clerk
Pursuant to Standing Order 106(2), the Clerk of the Committee proceeded to the election of a Vice-Chair.

On motion of Ron McKinnon, it was agreed, — That Alistair MacGregor be elected Second Vice-Chair of the Committee.

Department of Justice
• Élène Bérubé, Counsel, Human Rights Law Section
• Laurie Sargent, Deputy Director General and General Counsel, Human Rights Law Sector, Public Law and Legislative Services Sector
Department of Health
• Peter Monette, Manager, Bioethics and Science Advice, Strategic Policy Branch
Department of Employment and Social Development
• Barbara Moran, Director General, Strategic Policy, Analysis and Workplace Information
• Lori Straznicki, Assistant Director, Strategic Policy and Legislative Reform, Labour Program
Pursuant to the Order of Reference of Wednesday, October 26, 2016, the Committee resumed consideration of Bill S-201, An Act to prohibit and prevent genetic discrimination.

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

The witnesses answered questions.

Pursuant to Standing Order 75(1), consideration of Clause 1 (Short Title), was postponed.

The Chair called Clause 2.

Clause 2 carried.

Clause 3 carried.

Clause 4 carried.

Clause 5 carried.

On Clause 6,

Ted Falk moved, — That Bill S-201, in Clause 6, be amended by replacing lines 22 to 28 on page 2 with the following:

“6 (1) No physician, pharmacist or other health care practitioner commits an offence under this Act if the result of a genetic test is required for the medical treatment of an individual's specific health care condition.

(2) No person who is conducting medical, pharmaceutical or scientific research commits an offence under this Act if, in respect of an individual who is a voluntary participant in the research, the result of a genetic test is required to achieve a specific research objective and is limited to that objective.”

After debate, the question was put on the amendment of Ted Falk and it was negatived, by a show of hands: YEAS: 3; NAYS: 6.

Clause 6 carried on division.

Clause 7 carried.

Clause 8 carried.

Clause 9 carried.

Clause 10 carried.

On new Clause 11,

Colin Fraser moved, — That Bill S-201 be amended by adding after line 32 on page 6 the following new clause:

“COORDINATING AMENDMENTS

11 (1) Subsections (2) and (3) apply if Bill C-16, introduced in the 1st session of the 42nd Parliament and entitled An Act to amend the Canadian Human Rights Act and the Criminal Code (in this section referred to as the “other Act”), receives royal assent.

(2) On the first day on which both section 1 of the other Act and section 9 of this Act are in force, section 2 of the Canadian Human Rights Act is replaced by the following:

2 The purpose of this Act is to extend the laws in Canada to give effect, within the purview of matters coming within the legislative authority of Parliament, to the principle that all individuals should have an opportunity equal with other individuals to make for themselves the lives that they are able and wish to have and to have their needs accommodated, consistent with their duties and obligations as members of society, without being hindered in or prevented from doing so by discriminatory practices based on race, national or ethnic origin, colour, religion, age, sex, sexual orientation, gender identity or expression, marital status, family status, genetic characteristics, disability or conviction for an offence for which a pardon has been granted or in respect of which a record suspension has been ordered.

(3) On the first day on which both section 2 of the other Act and subsection 10(1) of this Act are in force, subsection 3(1) of the Canadian Human Rights Act is replaced by the following:

3 (1) For all purposes of this Act, the prohibited grounds of discrimination are race, national or ethnic origin, colour, religion, age, sex, sexual orientation, gender identity or expression, marital status, family status, genetic characteristics, disability and conviction for an offence for which a pardon has been granted or in respect of which a record suspension has been ordered.”

After debate, the question was put on the amendment of Colin Fraser and it was agreed to.

Clause 1, Short Title, carried.

The Title carried.

The Bill, as amended, carried.

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

At 11:29 a.m., the Committee adjourned to the call of the Chair.



Michael MacPherson
Clerk of the Committee