MINUTES OF PROCEEDINGS
TUESDAY, NOVEMBER 21, 1995
(Meeting No. 1)
(Meeting No. 1)
[Text]
The Sub-Committee on Bill C-95, An Act to establish the Department of Health and to amend and repeal certain Acts of the Standing Committee on Health met at 3:36 o'clock p.m. this day, in Room 307, West Block, the Chairman, Andy Scott, presiding.
Members of the Sub-Committee present: Hedy Fry, Grant Hill, Bernard Patry, Pauline Picard, Andy Scott, Paul Szabo.
In attendance: From the Research Branch of the Library of Parliament: Odette Madore and Nancy Miller-Chénier, Research Officers.
The Order of Reference dated Tuesday, November 7, 1995, being read as follows:
ORDERED,--That pursuant to Standing Order 108(1), a Sub-Committee of the Standing Committee on Health be established to be composed of Andy Scott as Chair, Hedy Fry, Bernard Patry, Paul Szabo, Pauline Picard and Grant Hill, to study legislation that may be referred to the Committee in the coming month.
--That upon presentation of the report of the Sub-Committee, it be deemed adopted, and that the Chairman of the Committee present it to the House on behalf of the Committee.
--That the Sub-Committee be empowered, except when the House otherwise orders, to send for persons, papers and records, to sit while the House is sitting, during periods when the House stands adjourned, to print from day to day such papers and meetings, to receive evidence when a quorum is not present and to authorize the printing thereof.
--That a Research Officer be provided to the Sub-Committee by the Library of Parliament.
The Order of Reference dated Tuesday, November 21, 1995, being read as follows:
ORDERED,--That the Standing Committee on Health authorize the allocation of sufficient funds from its budget to the Sub-Committee on Bill C-95 for the payment of reasonable travel and living expenses to witnesses appearing before the Sub-Committee, in accordance with the guidelines adopted by the Main Committee.
On motion of Hedy Fry, it was agreed,--That when the Chair of the Sub-Committee is unable to act in that capacity at or during a meeting of the Sub-Committee, he shall designate a member of the Sub-Committee to act as Chair at or during the said meeting.
On motion of Hedy Fry, it was agreed,--That the Committee print 350 copies of its Minutes of Proceedings.
On motion of Paul Szabo, it was agreed,--That the Chairman be authorized to hold meetings in order to receive evidence and authorize its printing when a quorum is not present provided that at least (3) three members are present, including a Member of the Opposition.
On motion of Bernard Patry, it was agreed,--That during the questioning of witnesses, at any meeting of this Sub-Committee, there be allocated one ten-minute period per Party for the first round of questions and five minutes per member for the subsequent rounds; and that time permitting, every member, or substitute member, be offered the opportunity to question the witness.
On motion of Bernard Patry, it was agreed,--That reasonable travelling and living expenses be paid, on request to witnesses invited to appear before the Sub-Committee, to a maximum of two representatives for any one organizations.
On motion of Bernard Patry, it was agreed,--That Members staff be permitted to attend in camera sittings of the Sub-Committee.
On motion of Hedy Fry, it was agreed,--That one transcript of all in camera meetings be kept in the Sub-Committee Clerk office for consultation by Members and staff of the Sub-Committee and, that all transcripts be destroyed at the end of the session.
It was agreed,--That the Officials of the Deparment of Health appear before the Sub-Committee on November 23, 1995 at 3:30 o'clock p.m.
At 4:05 o'clock p.m., the Sub-Committee adjourned to the call of the Chair.
THURSDAY, NOVEMBER 23, 1995
(Meeting No. 2)
(Meeting No. 2)
The Sub-Committee on Bill C-95, An Act to establish the Department of Health and to amend and repeal certain Acts, of the Standing Committee on Health met at 3:36 o'clock p.m. this day, in Room 371, West Block, the Chairman, Andy Scott, presiding.
Members of the Sub-Committee present: Hedy Fry, Grant Hill, Bernard Patry, Pauline Picard, Andy Scott, Paul Szabo.
In attendance: From the Research Branch of the Library of Parliament: Odette Madore, Nancy Miller-Chénier and Bill Murray, Research Officers.
Witnesses: From Health Canada: André Juneau, Assistant Deputy Minister, Policy and Consultation Branch; and Mario Simard, Senior Counsel, Legal Services.
The Sub-Committee resumed consideration of Bill C-95, An Act to establish the Department of Health and to amend and repeal certain Acts (See Minutes of Proceedings dated Tuesday, November 21, 1995, Issue No. 1).
The Chairman called Clause 2.
André Juneau made a statement.
Mario Simard gave a brief clause by clause explanation of Bill C-95.
The witnesses answered questions.
It was agreed,--That the Clerk and the Chairman contact the different groups in order to schedule a meeting on Tuesday, November 28, 1995.
At 4:15 o'clock p.m., the Sub-Committee adjourned to the call of the Chair.
TUESDAY, NOVEMBER 28, 1995
(Meeting No. 3)
(Meeting No. 3)
The Sub-Committee on Bill C-95 of the Standing Committee on Health met at 3:38 o'clock p.m. this day, in Room 536, Wellington Bldg., the Chairman, Andy Scott, presiding.
Members of the Sub-Committee present: Hedy Fry, Grant Hill, Bernard Patry, Pauline Picard, Andy Scott and Paul Szabo.
In attendance: From the Research Branch of the Library of Parliament: Odette Madore, Research Officer.
Witness: From the Canadian Pharmaceutical Association: Noëlle-Dominique Willems, Director of Government and Public Affairs.
The Sub-Committee resumed consideration of Bill C-95, An Act to establish the Department of Health and to amend and repeal certain Acts (See Minutes of Proceedings dated Tuesday, November 21, 1995, Issue No. 1).
The Sub-Committee resumed consideration of Clause 2.
The witness made a statement and answered questions.
It was agreed,--That the Sub-Committee proceed to clause-by-clause consideration at 10:00 o'clock a.m. on Thursday, November 30, 1995.
At 4:20 o'clock p.m., the Sub-Committee adjourned to the call of the Chair.
THURSDAY, NOVEMBER 30, 1995
(Meeting No. 4)
(Meeting No. 4)
The Sub-Committee on Bill C-95 of the Standing Committee on Health met at 9:14 o'clock a.m. this day, in Room 308, West Block, the Chairman, Andy Scott, presiding.
Members of the Committee present: Hedy Fry, Grant Hill, Bernard Patry, Pauline Picard, Andy Scott, Paul Szabo.
Acting Member present: Tony Valeri for Paul Szabo.
In attendance: From the Legislative Counsel Office: Paulette Nadeau, Procedural Clerk. From the Research Branch of the Library of Parliament: Odette Madore, Research Officer.
Witnesses: From the Department of Health: André Juneau, Assistant Deputy Minister, Policy and Consultation Branch and Mario Simard, Senior Counsel, Legal Services.
The Sub-Committee resumed consideration of Bill C-95, An Act to establish the Department of Health and to amend and repeal certain Acts (See Minutes of Proceedings dated Tuesday, November 21, 1995, Issue No. 1).
The Sub-Committee resumed consideration of Clause 2.
And the question being put on Clause 2, it was carried.
On Clause 3
Pauline Picard moved,--That Clause 3 be amended by striking out line 14, on page 1, and substituting the following therefor:
"3. The Governor in Council may, after consultation with the committee of the House of Commons that normally considers matters relating to health, appoint"
After debate thereon, the question being put on the amendment, it was negatived on the following division: Yeas: 1; Nays: 4.
And the question being put on Clause 3, it was carried.
Clause 4 carried.
On Clause 5
Pauline Picard moved,--That Clause 5 be amended by striking out line 42, on page 2, and substituting the following therefor:
"5. The Minister may, after consultation with the provincial governments and the committee of the House of Commons that normally considers matters relating to health, designate any person"
The question being put on the amendment, it was negatived on the following division: Yeas: 1; Nays: 4.
And the question being put on Clause 5, it was carried.
Clause 6, 7, 8 and 9 carried severally.
On Clause 10
Pauline Picard moved,--That Clause 10 be amended by striking out lines 9 and 10, on page 4, and substituting the following therefor:
"10. (1) Subject to subsections (2) and (3), the Treasury Board may make regulations for the purposes of sections 6 to 9.
(2) The coming into force of any regulation made by the Treasury Board under subsection (1) is subject to approval of the regulation by the committee of the House of Commons that normally considers matters relating to health.
(3) The coming into force of any regulation made by the Treasury Board under subsection (1) whose true nature and character is in relation to a matter over which Parliament has jurisdiction but which affects a provincial area of jurisdiction is subject to approval of the regulation by the Lieutenant-Governor in Council."
After debate thereon, the question being put on the amendment, it was negatived on the following division: Yeas: 1; Nays:3
And the question being put on Clause 10, it was carried.
On Clause 11
Pauline Picard moved,--That Clause 11, be amended by striking out lines 11 to 14, on page 4, and substituting the following therefor:
"11. (1) Subject to subsections (2) and (3); the Governor in Council may make regulations to give effect to and carry out the objects of this Act.
(2) The coming into force of any regulation made by the Governor in Council under subsection (1) is subject to approval of the regulation by the committee of the House of Commons that normally considers matters relating to health.
(3) The coming into force of any regulation made by the Governor in Council under subsection (1) whose true nature and character is in relation to a matter over which Parliament has jurisdiction but which affects a provincial area of jurisdiction is subject to approval of the regulation by the Lieutenant-Governor in Council.
(4) Every person who contravenes a regula-"
After debate thereon, the question being put on the amendment, it was negatived on the following division: Yeas: 1; Nays:3.
And the question being put on Clause 11, it was carried.
Clauses 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22 and 23 carried severally.
Hedy Fry moved,--That New Clauses 23.1 and 23.2 be added immediately after line 15 on page 8:
23.1 The definition "inspector" in section 2 of the Food and Drugs Act is replaced by the following:
"inspector" means any person designated as an inspector for the purpose of the enforcement of this Act under subsection 22(1) of this Act or the Department of Agriculture and Agri-Food Act;
23.2 Section 27 of the Act is replaced by the following:
27. (1) Where an inspector has seized an article under this Part and its owner or the person in whose possession the article was at the time of seizure consents to its destruction, the article is thereupon forfeited to Her Majesty and may be destroyed or otherwise disposed of as the Minister or the Minister of Agriculture and Agri-Food may direct.
(2) Where a person has been convicted of a contravention of this Act or the regulations, the court or judge may order that any article by means of or in relation to which the offence was committed, and any thing of a similar nature belonging to or in the possession of the accused or found with the article, be forfeited and, on the making of the order, the article and thing are forfeited to Her Majesty and may be disposed of as the Minister or the Minister of Agriculture and Agri-Food may direct.
(3) Without prejudice to subsection (2), a judge of a superior court of the province in which any article is seized under this Part may, on the application of an inspector and on such notice to such persons as the judge directs, order that the article and any thing of a similar nature found therewith be forfeited to Her Majesty, to be disposed of as the Minister or the Minister of Agriculture and Agri-Food may direct, if the judge finds, after making such inquiry as the judge considers necessary, that the article is one by means of or in relation to which any of the provisions of this Act or the regulations have been contravened."
And the question being put on New Clauses 23.1 and 23.2, they were carried.
Clauses 24, 25, 26, 27, 28, 29, 30 and 31 carried severally.
On Clause 32
On motion of Hedy Fry, it was agreed,--That Clause 32 be amended by striking out lines 20 to 22, on page 11 and substituting the following therefor:
"shall be read as a reference to the Minister of Health unless the context otherwise requires or unless the relevant power, duty or function has been assigned to another minister."
On motion of Hedy Fry, it was agreed,--That Clause 32 be amended by striking out lines 27 to 29, on page 11, and substituting the following therefor:
"Parliament shall be read as a reference to the Minister of Health, unless the context otherwise requires or unless the relevant power, duty or function has been assigned to another minister."
And the question being put on Clause 32, as amended, it was carried.
Clause 33 carried.
On Clause 34
On motion of Hedy Fry, it was agreed,--That Clause 34 be amended by striking out lines 11 to 13, on page 12 and substituting the following therefor:
"Parliament shall be read as a reference to the Department of Health, unless the context otherwise requires or unless the relevant power, duty or function has been assigned to a minister other than the Minister of Health."
And the question being put on Clause 34, as amended, it was carried.
On Clause 35
On motion of Hedy Fry, it was agreed,--That Clause 35 be amended by striking out lines 20 to 24, on page 12, and substituting the following therefor:
"thereof, is assented to, then
(a) on the later of the day on which section 2 of that Act comes into force and the day on which section 2 of this Act comes into force, the definition "Minister" in subsection 2(1) of that Act is replaced by the following:
"Minister" means the Minister of Health;
(b) on the later of the day on which section 93 of that Act comes into force and the day on which paragraph 32(1) (j) of this Act comes into force, paragraph 32(1)(j) of this Act is repealed."
And the question being put on Clause 35, as amended, it was carried.
Clauses 36, 37, 38 and 39 carried severally.
Clause 1 carried.
And the question being put:
Shall the Bill, as amended, carry?
It was agreed to.
Ordered--That the Chairman report Bill C-95, as amended, to the Standing Committee on Health.
It was agreed,--That the Sub-Committee order a reprint of Bill C-95 for use of the House of Commons at report stage.
At 9:50 o'clock a.m., the Sub-Committee adjourned to the call of the Chair.
Santosh Sirpaul
Clerk of the Sub-Committee