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2011-03-11 [p.1352]
The Order was read for the consideration at report stage of Bill C-54, An Act to amend the Criminal Code (sexual offences against children), as reported by the Standing Committee on Justice and Human Rights without amendment.
Mr. Nicholson (Minister of Justice), seconded by Mr. Kent (Minister of the Environment), moved, — That the Bill be concurred in at report stage.
2011-03-11 [p.1352]
The question was put on the motion and it was agreed to.
Accordingly, the Bill was concurred in at report stage.
2011-03-10 [p.1346]
The Order was read for the consideration at report stage of Bill C-452, An Act to amend the Competition Act (inquiry into industry sector), as reported by the Standing Committee on Industry, Science and Technology without amendment.
Mr. Vincent (Shefford), seconded by Ms. Bonsant (Compton—Stanstead), moved, — That the Bill be concurred in at report stage.
2011-03-10 [p.1346]
The question was put on the motion and it was agreed to on division.
Accordingly, the Bill was concurred in at report stage.
2011-03-09 [p.1327]
By unanimous consent, it was ordered, — That, notwithstanding any Standing Order or usual practice of the House, Bill C-61, An Act to provide for the taking of restrictive measures in respect of the property of officials and former officials of foreign states and of their family members, as amended, be deemed concurred in at report stage, and allowed to be called for the third reading stage later today; and that, during the debate at the said stage, not more than one member from each recognized party may speak for not more than 10 minutes, after which the Bill shall be deemed read a third time and passed.
2011-03-09 [p.1328]
By unanimous consent, it was ordered, — That, notwithstanding any Standing Order or usual practice of the House, in relation to Bill C-55, An Act to amend the Canadian Forces Members and Veterans Re-establishment and Compensation Act and the Pension Act, the report stage motions in the name of the Minister of Veterans Affairs and Minister of State (Agriculture) on today's Notice Paper be deemed adopted and the bill deemed concurred in at report stage with further amendments; that the Bill be allowed to be called for the third reading stage later today; that, during the debate at the said stage, not more than one member from each recognized party may speak for not more than 10 minutes, after which the Bill shall be deemed read a third time and passed.
2011-03-09 [p.1328]
Accordingly, Motions Nos. 1 and 2 were agreed to as follows:
Motion No. 1 — That Bill C-55, in Clause 20, be amended:
(a) by replacing lines 2 and 3 on page 9 with the following:“20. Subsections 72(1) and (2) of the Pension Act are replaced by the following:”
(b) by adding after line 6 on page 10 the following:“(2) Without restricting the generality of paragraph (1)(b), in determining whether the incapacity suffered by a member of the forces is exceptional, account shall be taken of the extent to which the disability for which the member is receiving a pension or a disability award under the Canadian Forces Members and Veterans Re-establishment and Compensation Act has left the member in a helpless condition or in continuing pain and discomfort, has resulted in loss of enjoyment of life or has shortened the member’s life expectancy.”;
2011-03-09 [p.1328]
Motion No. 2 — That Bill C-55, in Clause 20.1, be amended by replacing lines 7 to 11 on page 10 with the following:“20.1 Within two years after the day on which this section comes into force, a comprehensive review of the provisions and operations of this Act must be undertaken by any committees of the Senate and of the House of Commons that are designated or established by the Senate and the House of Commons for that purpose.”.
2011-03-09 [p.1333]
Pursuant to Standing Order 98(4), the House proceeded to the taking of the deferred recorded divisions at report stage 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, as reported by the Standing Committee on Industry, Science and Technology with amendments.
2011-03-09 [p.1333]
The House proceeded to the taking of the deferred recorded divisions on the amendment to Motion No. 3 of Ms. Guay (Rivière-du-Nord), seconded by Ms. Bonsant (Compton—Stanstead), — That Motion No. 3 be amended by deleting all the words after the words “The provisions of this Act that amend the Patent Act” and substituting the following:
“shall cease to apply on the day that is the tenth anniversary of the day on which this Act comes into force unless, before that day, the application of those provisions is subject to a comprehensive review by the standing committee designated by the House of Commons for that purpose, that committee recommends that they be maintained and the House of Commons approves that recommendation.”.
The question was put on the amendment to Motion No. 3 and it was agreed to on the following division:
(Division No. 199 -- Vote no 199) - View vote details.
YEAS: 172, NAYS: 111
2011-03-09 [p.1335]
The House proceeded to the putting of the question on Motion No. 3, as amended, of Mr. Malo (Verchères—Les Patriotes), seconded by Ms. Deschamps (Laurentides—Labelle), — That Bill C-393 be amended by adding after line 22 on page 3 the following new clause:“18. (1) The provisions of this Act that amend the Patent Act shall cease to apply on the day that is the tenth anniversary of the day on which this Act comes into force unless, before that day, the application of those provisions is subject to a comprehensive review by the standing committee designated by the House of Commons for that purpose, that committee recommends that they be maintained and the House of Commons approves that recommendation.”.
The question was put on Motion No. 3, as amended, and it was agreed to on division.
2011-03-09 [p.1335]
Pursuant to Standing Order 76.1(9), Mr. Dewar (Ottawa Centre), seconded by Mr. Masse (Windsor West), moved, — That the Bill, as amended, be concurred in at report stage with further amendments.
2011-03-09 [p.1335]
The question was put on the motion and it was agreed to on division.
Accordingly, the Bill, as amended, was concurred in at report stage with further amendments.
2011-03-09 [p.1335]
Pursuant to Standing Order 98(4), the House proceeded to the taking of the deferred recorded division on the motion of Mr. Rafferty (Thunder Bay—Rainy River), seconded by Mr. Bevington (Western Arctic), — That Bill C-501, An Act to amend the Bankruptcy and Insolvency Act and other Acts (pension protection), as amended, be concurred in at report stage.
The question was put on the motion and it was agreed to on the following division:
(Division No. 200 -- Vote no 200) - View vote details.
YEAS: 164, NAYS: 119
Accordingly, Bill C-501, An Act to amend the Bankruptcy and Insolvency Act (termination and severance pay) (former title: An Act to amend the Bankruptcy and Insolvency Act and other Acts (pension protection)), as amended, was concurred in at report stage and ordered for a third reading at the next sitting of the House.
2011-03-08 [p.1325]
The Order was read for the consideration at report stage of Bill C-470, An Act to amend the Income Tax Act (revocation of registration), as reported by the Standing Committee on Finance with amendments.
Ms. Guarnieri (Mississauga East—Cooksville), seconded by Mr. Wrzesnewskyj (Etobicoke Centre), moved, — That the Bill, as amended, be concurred in at report stage.
2011-03-08 [p.1325]
The question was put on the motion and it was agreed to.
Accordingly, Bill C-470, An Act to amend the Income Tax Act (disclosure of compensation — registered charities) (former title: An Act to amend the Income Tax Act (revocation of registration)), as amended, was concurred in at report stage.
2011-03-04 [p.1310]
The Order was read for the consideration at report stage of Bill C-501, An Act to amend the Bankruptcy and Insolvency Act and other Acts (pension protection), as reported by the Standing Committee on Industry, Science and Technology with amendments.
Mr. Rafferty (Thunder Bay—Rainy River), seconded by Mr. Bevington (Western Arctic), moved, — That the Bill, as amended, be concurred in at report stage.
2011-03-04 [p.1311]
The question was put on the motion and, pursuant to Standing Order 98(4), the recorded division was deferred until Wednesday, March 9, 2011, immediately before the time provided for Private Members' Business.
2011-03-03 [p.1302]
The House resumed consideration at report stage 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, as reported by the Standing Committee on Industry, Science and Technology with amendments;
And of the motions in Group No. 1 (Motions Nos. 1 to 3).
2011-03-03 [p.1302]
Group No. 1
Motion No. 1 of Ms. Leslie (Halifax), seconded by Mr. Thibeault (Sudbury), — That Bill C-393 be amended by restoring Clause 2 as follows:“2. Section 21.02 of the Act is replaced by the following: 21.02 The definitions in this section apply in sections 21.01 to 21.16. “authorization” means an authorization granted under subsection 21.04(1). “pharmaceutical product” means any drug, as defined in section 2 of the Food and Drugs Act, and includes monitoring products and products used in conjunction with a pharmaceutical product.”
2011-03-03 [p.1302]
Amendment to Motion No. 1 of Mr. Masse (Windsor West), seconded by Mr. Julian (Burnaby—New Westminster), — That the motion proposing to restore Clause 2 of Bill C-393 be amended by replacing the definition “pharmaceutical product” with the following:
““pharmaceutical product” means any patented product listed in Schedule 1 in, if applicable, the dosage form, the strength and the route of administration specified in that Schedule in relation to the product and any other patented product, or product manufactured through a patented process, of the pharmaceutical sector needed to address public health problems, especially those resulting from HIV/AIDS, tuberculosis, malaria and other epidemics, and includes active ingredients necessary for its manufacture and diagnostic kits needed for its use.”.
2011-03-03 [p.1302]
Motion No. 2 of Ms. Leslie (Halifax), seconded by Mr. Thibeault (Sudbury), — That Bill C-393 be amended by restoring Clause 4 as follows:“4. (1) Subsection 21.04(1) of the Act is replaced by the following: 21.04 (1) Subject to subsections (3) and (4), the Commissioner shall, on the application of any person and on the payment of the prescribed fee, authorize the person to (a) manufacture the pharmaceutical product or products named in the application; (b) make, construct and use any patented invention solely for the purpose of manufacturing the product or products; and (c) sell the product or products for export to a country that is listed in the Schedule. (1.1) In addition to what is authorized under subsection (1), an authorization under that subsection authorizes the person to (a) manufacture any active ingredient used in the manufacture of a finished product; and (b) make, construct and use any patented invention solely for the purpose of manufacturing any active pharmaceutical ingredient used in the manufacture of a finished product. (1.2) If a country is removed from the Schedule an authorization continues to apply with respect to that country for 30 days as though that country had not been removed from the Schedule. (2) Subsection 21.04(2) of the Act is amended by adding “and” at the end of paragraph (a) and by repealing paragraphs (b) to (f). (3) Subsection 21.04(3) of the Act is replaced by the following: (3) The Commissioner shall grant an authorization only if the applicant has complied with the prescribed requirements.”
2011-03-03 [p.1303]
Amendment to Motion No. 2 of Mr. Masse (Windsor West), seconded by Mr. Julian (Burnaby—New Westminster), — That the Motion proposing to restore Clause 4 of Bill C-393 be amended by deleting all the words after the words “4. (1) Subsection 21.04(1) of the Act is replaced by the following:” and substituting the following:
“21.04 (1) Subject to subsection (3), the Commissioner shall, on the application of any person and on the payment of the prescribed fee, authorize the person to make, construct and use a patented invention solely for purposes directly related to the manufacture of the pharmaceutical product named in the application and to sell it for export to any country listed in Schedule 2.
(2) Paragraph 21.04(2)(c) of the Act is repealed.
(3) Paragraphs 21.04(2)(e) and (f) of the Act are repealed.
(4) Subparagraphs 21.04(3)(c)(i) and (ii) of the Act are replaced by the following:
(i) sought from the patentee or, if there is more than one, from each of the patentees, by certified or registered mail, a licence to manufacture and sell the pharmaceutical product for export to one or more of the countries listed in Schedule 2 on reasonable terms and conditions and that such efforts have not been successful; and
(ii) provided the patentee, or each of the patentees, as the case may be, by certified or registered mail, in the written request for a licence, with the information that is in all material respects identical to the information referred to in subsection (2).
(5) Paragraph 21.04(3)(d) of the Act is repealed.
(6) Section 21.04 is amended by adding the following after subsection (3):
“(4) The solemn or statutory declaration referred to in paragraph (3)(c) is not required in the case of an application to the Commissioner for an authorization to supply the product named in the application to an eligible importing country for purposes of addressing a national emergency or other circumstances of extreme urgency in that country or for purposes of public non-commercial use, but in such cases, the Commissioner shall notify the patentee or patentees of the issuance of the compulsory licence as soon as reasonably practicable after it has been issued.””.
2011-03-03 [p.1304]
Motion No. 3 of Mr. Malo (Verchères—Les Patriotes), seconded by Ms. Deschamps (Laurentides—Labelle), — That Bill C-393 be amended by adding after line 22 on page 3 the following new clause:“18. (1) The provisions of this Act that amend the Patent Act shall cease to apply on the day that is the fourth anniversary of the day on which this Act comes into force unless, before that day, the application of those provisions is extended by a resolution — the text of which is established under subsection (2) — passed by both Houses of Parliament in accordance with the rules set out in subsection (3).(2) The Governor in Council may, by order, establish the text of a resolution providing for the extension of the application of the provisions that amend the Patent Act referred to in subsection (1) and specifying the period of the extension, which may not exceed five years from the first day on which the resolution has been passed by both Houses of Parliament.(3) A motion for the adoption of the resolution may be debated in both Houses of Parliament but may not be amended. At the conclusion of the debate, the Speaker of each House of Parliament shall immediately put every question necessary to determine whether or not the motion is concurred in.(4) The application of the provisions that amend the Patent Act referred to in subsection (1) may be further extended in accordance with the procedure set out in this section.(5) In the event that the provisions that amend the Patent Act referred to in subsection (1) cease to apply, applications that have been granted an authorization under section 21.04 of that Act shall be concluded if they were submitted before the day on which those provisions cease to apply.”
The debate continued on the motions in Group No. 1.
2011-03-03 [p.1305]
Ms. Guay (Rivière-du-Nord), seconded by Ms. Bonsant (Compton—Stanstead), moved the following amendment to Motion No. 3, — That Motion No. 3 be amended by deleting all the words after the words “The provisions of this Act that amend the Patent Act” and substituting with the following:
“shall cease to apply on the day that is the tenth anniversary of the day on which this Act comes into force unless, before that day, the application of those provisions is subject to a comprehensive review by the standing committee designated by the House of Commons for that purpose, that committee recommends that they be maintained and the House of Commons approves that recommendation.”.
The debate continued on the motions in Group No. 1.
2011-03-03 [p.1305]
The House resumed consideration at report stage 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, as reported by the Standing Committee on Industry, Science and Technology with amendments;
And of the motions in Group No. 1 (Motions Nos. 1 to 3).
The debate continued on the motions in Group No. 1.
2011-03-03 [p.1305]
The House proceeded to the putting of the question on Motion No. 1, as amended, of Ms. Leslie (Halifax), seconded by Mr. Thibeault (Sudbury), — That Bill C-393 be amended by restoring Clause 2 as follows:“2. Section 21.02 of the Act is replaced by the following: 21.02 The definitions in this section apply in sections 21.01 to 21.16. “authorization” means an authorization granted under subsection 21.04(1). “pharmaceutical product” means any patented product listed in Schedule 1 in, if applicable, the dosage form, the strength and the route of administration specified in that Schedule in relation to the product and any other patented product, or product manufactured through a patented process, of the pharmaceutical sector needed to address public health problems, especially those resulting from HIV/AIDS, tuberculosis, malaria and other epidemics, and includes active ingredients necessary for its manufacture and diagnostic kits needed for its use.”
The question was put on Motion No. 1, as amended, and it was agreed to.
2011-03-03 [p.1306]
The House proceeded to the putting of the question on Motion No. 2, as amended, of Ms. Leslie (Halifax), seconded by Mr. Thibeault (Sudbury), — That Bill C-393 be amended by restoring Clause 4 as follows:“4. (1) Subsection 21.04(1) of the Act is replaced by the following: 21.04 (1) Subject to subsection (3), the Commissioner shall, on the application of any person and on the payment of the prescribed fee, authorize the person to make, construct and use a patented invention solely for purposes directly related to the manufacture of the pharmaceutical product named in the application and to sell it for export to any country listed in Schedule 2.(2) Paragraph 21.04(2)(c) of the Act is repealed.(3) Paragraphs 21.04(2)(e) and (f) of the Act are repealed.(4) Subparagraphs 21.04(3)(c)(i) and (ii) of the Act are replaced by the following:(i) sought from the patentee or, if there is more than one, from each of the patentees, by certified or registered mail, a licence to manufacture and sell the pharmaceutical product for export to one or more of the countries listed in Schedule 2 on reasonable terms and conditions and that such efforts have not been successful; and (ii) provided the patentee, or each of the patentees, as the case may be, by certified or registered mail, in the written request for a licence, with the information that is in all material respects identical to the information referred to in subsection (2).(5) Paragraph 21.04(3)(d) of the Act is repealed. (6) Section 21.04 is amended by adding the following after subsection (3): “(4) The solemn or statutory declaration referred to in paragraph (3)(c) is not required in the case of an application to the Commissioner for an authorization to supply the product named in the application to an eligible importing country for purposes of addressing a national emergency or other circumstances of extreme urgency in that country or for purposes of public non-commercial use, but in such cases, the Commissioner shall notify the patentee or patentees of the issuance of the compulsory licence as soon as reasonably practicable after it has been issued.””.
The question was put on Motion No. 2, as amended, and it was agreed to.
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