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MINUTES OF PROCEEDINGS
 
Meeting No. 33
 
Tuesday, October 26, 2010
 

The Standing Committee on Health met at 11:00 a.m. this day, in Room 209, West Block, the Chair, Joy Smith, presiding.

 

Members of the Committee present: Colin Carrie, Patricia Davidson, Nicolas Dufour, Kirsty Duncan, Cathy McLeod, Joy Smith and Tim Uppal.

 

Acting Members present: Roger Gaudet for Luc Malo, Hon. Lawrence MacAulay for Ruby Dhalla, Joyce Murray for Hon. Ujjal Dosanjh and Glenn Thibeault for Megan Anissa Leslie.

 

In attendance: Library of Parliament: Karin Phillips, Analyst. House of Commons: Mike MacPherson, Legislative Clerk.

 

Witnesses: Department of Health: Athana Mentzelopoulos, Director General, Consumer Product Safety Directorate; Robert Ianiro, Director, Consumer Product Safety Bureau; Diane Labelle, General Counsel, Legal Services Unit.

 
Pursuant to the Order of Reference of Thursday, October 7, 2010, the Committee resumed consideration of Bill C-36, An Act respecting the safety of consumer products.
 

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

 

Pursuant to Standing Order 75(1), consideration of the Preamble and Clause 1 was postponed.

The Chair called Clause 2.

 

By unanimous consent, Clauses 2 to 14 carried severally.

 

On Clause 15,

Colin Carrie moved, — That Bill C-36, in Clause 15, be amended

(a) by replacing line 12 on page 9 with the following:

“15. (1) The Minister may disclose personal”

(b) by adding after line 19 on page 9 the following:

“(2) For greater certainty, nothing in this section affects the provisions of the Privacy Act.”

 

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

 

Clause 15, as amended, carried.

 

By unanimous consent, Clauses 16 to 37 carried severally.

 

On Clause 38,

Colin Carrie moved, — That Bill C-36, in Clause 38, be amended

(a) by replacing, in the English version, lines 34 and 35 on page 20 with the following:

“paragraph 37(1)(a), (b) or (c), the Minister shall cause the proposed regulation to be laid before each House”

(b) by replacing line 37 on page 20 to line 6 on page 21 with the following:

“(2) The proposed regulation may be referred to an appropriate committee of the Senate, as determined by its rules, which may review the proposed regulation and report its findings to the Senate.

(3) The proposed regulation shall be referred to the Standing Committee on Health of the House of Commons or, if there is not a Standing Committee on Health, the appropriate committee of the House of Commons, as determined by its rules, which may review the proposed regulation and report its findings to the House of Commons.”

(c) by replacing, in the English version, line 10 on page 21 with the following:

“tion is laid before both Houses of Parliament,”

(d) by replacing, in the English version, line 12 on page 21 with the following:

“regulation is laid before both Houses of Parliament, and”

(e) by replacing line 20 on page 21 with the following:

“Minister shall cause to be laid before that House a statement”

(f) by replacing line 23 on page 21 with the following:

“before both Houses of Parliament need not again be so laid prior”

(g) by adding after line 25 on page 21 the following:

“(7) For the purpose of subsection (4), “sitting day” means a day on which either House of Parliament sits.”

 

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

 

Clause 38, as amended, carried.

 

On Clause 39,

Colin Carrie moved, — That Bill C-36, in Clause 39, be amended by replacing lines 37 to 39 on page 21 with the following:

“before both Houses of Parliament, the Minister shall cause a statement of his or her reasons to be laid before each House of Parliament within the first 30 days on which that House is sitting after the regulation is made.”

 

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

 

Clause 39, as amended, carried.

 

By unanimous consent, Clauses 40 to 55 carried severally.

 

On Clause 56,

Colin Carrie moved, — That Bill C-36, in Clause 56, be amended by replacing, in the French version, lines 13 and 14 on page 29 with the following:

“le ministre détermine si le contrevenant est responsable. S’il conclut que le contrevenant”

 

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

 

Clause 56, as amended, carried.

 

By unanimous consent, Clauses 57 to 59 carried severally.

 

On Clause 60,

Colin Carrie moved, — That Bill C-36, in Clause 60, be amended by replacing lines 37 and 38 on page 31 with the following:

“she must determine, on a balance of probabilities, whether the person named in the notice of violation”

 

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

 

Clause 60, as amended, carried.

 

By unanimous consent, Clauses 61 to 76 carried severally.

 

Schedule 1 carried.

 

Schedule 2 carried.

 

The Preamble carried.

 

The Short Title 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-36, as amended, be reprinted for the use of the House at report stage.

 

At 11:14 a.m., the Committee adjourned to the call of the Chair.

 



Christine Holke David
Clerk of the Committee

 
 
2010/10/26 2:53 p.m.