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MINUTES OF PROCEEDINGS

Meeting No. 83

Tuesday, May 28, 2002

The Standing Committee on Health met at 3:41 p.m. this day, in Room 253-D, Centre Block, the Chair, Bonnie Brown, presiding.

Members of the Committee present: Reg Alcock, André Bachand, Bonnie Brown, Jeannot Castonguay, Brenda Chamberlain, James Lunney, Réal Ménard, Rob Merrifield, Hélène Scherrer, Judy Sgro, Carol Skelton, Bob Speller, Judy Wasylycia-Leis.

Acting Members present: Bernard Bigras for Diane Bourgeois, Diane St-Jacques for Yolande Thibeault, Hedy Fry for Yolande Thibeault, Claude Duplain for Stan Dromisky.

In attendance: From the Library of Parliament: Nancy Miller Chenier and Sonya Norris, Research Officers.

Witnesses: From the Department of Justice: Basil Stapleton, Legal Counsel. From the Department of Health: Claire Franklin, Executive Director, Pest Management Regulatory Agency; Geraldine Graham, Head, Regulatory Affairs, Pest Management Regulatory Agency.

The Committee resumed consideration of Bill C-53, An Act to protect human health and safety and the environment by regulating products used for the control of pests (See Minutes of Proceedings, Tuesday, April 16, 2002, Meeting No. 66).

The Committee resumed Clause-by-Clause consideration of the Bill.

At 3:49 p.m., the sitting was suspended.

At 4:02 p.m., the sitting resumed.

André Bachand moved, -- That Bill C-53, in Clause 15, be amended by replacing line 30 on page 15 with the following:

“make public his or her conclusions in the Register and shall make public those conclusions if in the.”

After debate, the question being put on the amendment, it was, by a show of hands, negatived

YEAS: 0

NAYS:  8

André Bachand moved, -- That Bill C-53, in Clause 16, be amended by replacing lines 35 to 40 on page 15 and lines 1 and 2 on page 16 with the following:

16. (1) The Minister shall initiate the re-evaluation of a registered pest control product

(a) if the Minister considers that, since the product was registered, there has been a change in the information required, or the procedures used, for the evaluation of the health or environmental risks or the value of pest control products of the same class or kind;

(b) where information provided pursuant to sections 12 and 13 indicates that the risk posed by the product may not be acceptable;

(c) where information provided pursuant to sections 12 and 13 identifies that there may be less harmful yet equally effective registered pest control products;

(d) where a pest control product registered in Canada has been banned or restricted in an Organisation for Economic Cooperation and Development member country as a result of health or environmental concerns;

(e) upon the discovery that data upon which a registration was issued is false, misleading, or incomplete;

(f) where new information is provided that suggests a significant adverse risk;

(g) where a lack of efficacy of the product is discovered;

(h) where wildlife kills or impairment occur as a result of the product’s use;

(i) where the product becomes a public or worker health hazard;

(j) where there is significant risk of an endocrine disruption; or

(k) where there is no need for the product.”

After debate, the question being put on the amendment, it was, by a show of hands, negatived.

YEAS:  2

NAYS:  10

Bernard Bigras moved, -- That Bill C-53, in Clause 16, be amended by replacing lines 35 to 40 on page 15 and lines 1 and 2 on page 16 with the following:

16. (1) The Minister shall re-evaluate all pest control products registered prior to 1995.”

After debate, the question being put on the amendment, it was, by a show of hands, negatived.

YEAS:  1

NAYS:  10

Judy Wasylycia-Leis moved, -- That Bill C-53, in Clause 16, be amended by replacing lines 37 to 40 on page 15 and lines 1 and 2 on page 16 with the following:

“product if

(a) the Minister considers that, since the product was registered, there has been a change in the information required, or the procedures used, for the evaluation of the health or environmental risks or the value of pest control products of the same class or kind; or

(b) the information provided under section 12 or 13 identifies that there may be a less harmful yet equally effective registered alternative pest control product.”

After debate, the question being put on the amendment, it was, by a show of hands, negatived.

YEAS:  3

NAYS:  8

Bernard Bigras moved, -- That Bill C-53, in Clause 16, be amended by replacing lines 5 to 19 on page 16 with the following:

“(a) the Minister shall ensure that all pest control products registered prior to 1995 are re-evaluated no later than December 31, 2006; and

(b) in the event that a pest control product has gone 15 years without being assessed, either through registration or special review, a re-evaluation by the Pest Management Regulatory Agency shall be required within one year.”

After debate, the question being put on the amendment, it was negatived on the following recorded division:

James Lunney                           Reg Alcock

Bernard Bigras             Jeannot Castonguay

Judy Wasylycia-Leis                 Brenda Chamberlain

André Bachand                        Claude Duplain

                                                Hélène Scherrer

                                                Judy Sgro

                                                Bob Speller

                                                Hedy Fry

                                                Rob Merrifield

 

YEAS : 4                                 NAYS:  9

André Bachand moved, -- That Bill C-53, in Clause 16, be amended

(a) by replacing, in the English version, line 11 on page 16 with the following:

“the most recent decision of that type;”

(b) by replacing lines 17 to 19 on page 16 with the following:

“later than April 1, 2005; and”

(c) by adding after line 19 on page 16 the following:

“(c) for greater certainty, all registrations shall be deemed to expire at the end of the term of registration, unless the applicant has applied for re-registration pursuant to the provisions of this Act to the Minister at least nine months prior to the expiration of the term of the registration, in the form and manner directed by the Minister, and has included any information or other thing that is required by this Act or by the regulations to accompany it.”

After debate, the question being put on the amendment, it was negatived on the following recorded division:

            James Lunney                           Reg Alcock

            Bernard Bigras             Jeannot Castonguay

            Judy Wasylycia-Leis                 Brenda Chamberlain

            André Bachand                        Claude Duplain

                                                            Hélène Scherrer

                                                            Judy Sgro

                                                            Bob Speller

                                                            Hedy Fry

                                                            Rob Merrifield

 

            YEAS : 4                                 NAYS : 9

At 5:23 p.m., the Committee adjourned to the call of the Chair.

 

 

Gary S. Sokolyk

Clerk of the Committee