HEAL Committee Meeting

MINUTES OF PROCEEDINGS

Meeting No. 82

Tuesday, May 28, 2002

The Standing Committee on Health met at 11:12 a.m. this day, in Room 269, West 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.

Acting Members present: Brent St-Denis for Reg Alcock, Bernard Bigras for Diane Bourgeois, Joe Comartin for Judy Wasylycia-Leis, Derek Lee for Stan Dromisky, Hedy Fry for Yolande Thibeault, Diane St-Jacques for Judy Sgro, John Heron for André Bachand.

In attendance: From the Research Branch of 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.

On New Clause 7.1,

Rob Merrifield moved, -- That Bill C-53 be amended by adding after line 7 on page 12 the following new clause:

“7.1 (1) The Minister shall expedite the review of any application under subsection 7(1) that is in respect of a pest control product that may reasonably be expected to reduce health and environmental risks in one or more of the following ways:

(a) by reducing risks to human health;

(b) by reducing risks to non-target organisms; or

(c) by reducing the potential for contamination of ground water, surface water, or other valued environmental resources.

(2) The Minister shall adopt and implement policies that will encourage the development and utilization of integrated pest management strategies.”

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

On New Clause 7.01,

André Bachand moved, -- That Bill C-53 be amended by adding after line 7 on page 12 the following new clause:

“7.01 (1) In this section, “reduced risk” shall be interpreted as referring to a pest control product that poses lower risk, as compared to conventional chemical, antimicrobial and biological pesticides currently used in comparable pest control contexts.

(2) The Minister may make regulations that provide for the expedited review of applications for registration, re-registration or amendment of pest control products that pose a reduced risk.

(3) An application for registration, re-registration or amendment may qualify for expedited review if the applicant provides to the Minister scientific test results and data, including field data, demonstrating that the use of the pest control product will accomplish one or more of the following:

(a) reduce risk of harm to human health or the environment;

(b) reduce risk to non-target organisms;

(c) reduce risk of contamination of the environment, including ground water and surface water;

(d) facilitate the adoption of integrated pest management strategies or make such strategies more available or more effective; or

(e) reduce reliance upon pest control products.

(4) If, after reviewing the application, the Minister determines that the application meets none of the criteria for reduced risk in subsection (3) above, the Minister shall refuse the request for expedited review.

(5) If, after reviewing the application, the Minister determines that the application meets one or more of the criteria for reduced risk set out in subsection (3) above and conforms with the requirements set out in any regulations made under subsection (2), and that the product complements the existing range of pest management options, the Minister shall register the product.

(6) Where possible, the Minister shall ensure that every application for registration under this section is completed within 12 months of receipt of the completed application.

(7) The Minister may extend the time limit set out in subsection (6) for a reasonable time as long as notification of any extension is provided to the applicant at the time the extension is granted.

(8) The Minister shall ensure that every notification provided under subsection (3) is filed with the Register.”

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

On Clause 8,

Joe Comartin moved, -- That Bill C-53, in Clause 8, be amended by replacing line 12 on page 12 with the following:

“have been completed, and there is no less harmful yet equally effective pest control product available, the Minister shall”

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

Joe Comartin moved, -- That Bill C-53, in Clause 8, be amended by adding after line 28 on page 12 the following:

“(1.1) Within one year of the coming into force of this section, the Minister shall, utilizing public comment, develop procedures and guidelines, and expedite the review of an application for registration of a pest control product or of an amendment to a registration that satisfies such guidelines.

(1.2) Any application for registration or an amendment, including biological and conventional pest control products, will be considered for expedited review and such an application will qualify for expedited review if use of the pest control product proposed by the application may reasonably be expected to accomplish one or more of the following:

(a) reduce the risks of pest control products to human health;

(b) reduce the risks of pest control products to non-target organisms;

(c) reduce the potential for contamination of ground water, surface water, or other valued environmental resources; and

(d) broaden the adoption of pesticide risk reduction strategies or make such strategies more available or more effective.”

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

André Bachand moved, -- That Bill C-53, in Clause 8, be amended by replacing lines 29 to 33 on page 12 with the following:

“(2) Every pest control product must carry a label indicating at least the following information in clear, easy to follow terminology:

(a) the impact that the product may have on the health of humans and animals as well as the environmental impact of the product;

(b) an indication, as prescribed of the impact of the product on organisms beneficial to agriculture, including but not limited to pollinators, pest predators and pest parasitoids;

(c) an indication of conditions and practices for mitigating any harmful impacts of the product on organisms beneficial to agriculture;

(d) in the case of pest control products which are prescribed as harmful to pollinating insects, a statement that the product may not be used for treating plants during the period in which pollination can take place;

(e) a complete list, with quantity or proportion by volume, of every active ingredient;

(f) a complete list, with quantity or proportion by volume, of every non-active ingredient in the product;

(g) a toll-free telephone number for further information regarding the product;

(h) poison control and treatment information;

(i) instructions for use, including instructions for use in an Integrated Pest Management system, and any other terms and conditions associated with the registration of the pest control product;

(j) a warning of the dangers of exceeding product concentration instructions;

(k) a statement that it may be an offence to disregard product use information;

(l) a statement that there may be provincial or municipal legislation or by-laws affecting the use or application of the product;

(m) a statement as to protective measures that are recommended or required as the case may be, including storage, prohibition on changing containers or packages, prohibitions on mixing products, protective apparel, removal of children and vulnerable persons from the vicinity, warnings to neighbours and dangers to pets and animals;

(n) a statement as to the particular target pests, the biological cycle to which the product is directed and the seasons or dates during which it is permitted to be used;

(o) an address or web site at which the consumer may obtain a copy of the registration application and associated studies from the registered manufacturer along with any associated review comments, terms and conditions issued by the Minister, free of charge or at nominal cost; and

(p) any other conditions relating to the label of a pest control product that the Minister may specify if he or she is satisfied that the purposes of this Act can be met by so doing.”

After debate, the question being put on the amendment, it was stood.

Joe Comartin moved, -- That Bill C-53, in Clause 8, be amended by adding after line 5 on page 13 the following:

“(4.1) The Minister shall refuse to register a pest control product where there is 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:

Joe Comartin moved, -- That Bill C-53, in Clause 8, be amended by adding after line 5 on page 13 the following:

“(4.2) The Minister shall refuse to register a pest control product intended to be sold directly to consumers, or for lawn, garden or cosmetic use, unless the product is intended to replace a pest control product currently registered for that use and it is demonstrated by the applicant, on a preponderance of evidence, that the product poses a lower risk of harm to human health, future generations and the environment than that pest control product.”

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

Joe Comartin moved, -- That Bill C-53, in Clause 8, be amended by adding after line 5 on page 13 the following:

“(4.3) Despite any other provision of this Act or any other Act of Parliament, after January 1, 2004, the Minister shall refuse to register a pest control product intended for lawn or garden use where the primary purpose of the pest control product is non-essential. Without restricting the generality of the foregoing, “non-essential” means not intended for the protection of public health or for normal agricultural use.”

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

Joe Comartin moved, -- That Bill C-53, in Clause 8, be amended by adding after line 5 on page 13 the following:

“(4.4) The Minister shall refuse to register a pest control product intended for use on parks, golf courses, sports fields or for other recreational use, unless the product is intended to replace a pest control product currently registered for that use and it is demonstrated by the applicant, on a preponderance of evidence, that the product poses a lower risk of harm to human health, future generations and the environment than that pest control product.”

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

Joe Comartin moved, -- That Bill C-53, in Clause 8, be amended by adding after line 5 on page 13 the following:

“(4.5) Despite any other provision of this Act or any other Act of Parliament, after January 1, 2004, the Minister shall refuse to register a pest control product intended for use on parks, golf courses, sports fields or other recreational lands where the primary purpose of the pest control product is non-essential. Without restricting the generality of the foregoing, “non-essential” means “not intended for the protection of public health or for normal agricultural use”.”

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

Joe Comartin moved, -- That Bill C-53, in Clause 8, be amended by adding after line 12 on page 13 the following:

“(5.1) A registrant of a pest control product shall, as a condition of registration, monitor and report to the Minister on environmental fate and on any adverse effects of the product, in the form and manner directed by the Minister.”

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

Clause 9 carried.

Clause 10 carried.

On Clause 11,

André Bachand moved, -- That Bill C-53, in Clause 11, be amended by replacing lines 15 and 16 on page 14 with the following:

“(i) aggregate exposure of the most sensitive receptor to the pest control product and to its components, derivatives, active ingredients and formulants, namely dietary exposure and”

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

Reg Alcock moved, -- That Bill C-53, in Clause 11, be amended by replacing, in the French version, line 16 on page 14 with the following:

(i) l'exposition globale au produit antipara-

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

André Bachand moved, -- That Bill C-53, in Clause 11, be amended by replacing lines 20 and 21 on page 14 with the following:

“(ii) cumulative effects on the most sensitive receptor of the pest control product and its components, derivatives, active ingredients and formulants, other pest control products and their components, derivatives, active ingredients and fomulants, as well as other substances and their components, derivatives, active ingredients and formulants”

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

André Bachand moved, -- That Bill C-53, in Clause 11, be amended

(a) by replacing, in the English version, line 23 on page 14 with the following:

“toxicity,”

(b) by replacing lines 27 and 28 on page 14 with the following:

“infants, children, women, seniors, the ill and those with environmental disabilities, and

(iv) whether the pest control product and its components, derivatives, active ingredients or formulants have an effect that is similar to an effect produced by a naturally occurring estrogen or other endocrine effects; and”

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

Joe Comartin moved, -- That Bill C-53, in Clause 11, be amended by replacing line 27 on page 14 with the following:

“infants, children, women, seniors, the ill and those with environmental disabilities;”

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

Reg Alcock moved, -- That Bill C-53, in Clause 11, be amended by replacing line 33 on page 14 with the following:

graph 7(7)(b)(ii) or 19(2)(b)(ii) in respect of

After debate, the question being put on the amendment, it was stood.

André Bachand moved, -- That Bill C-53, in Clause 11, be amended by replacing lines 38 to 41 on page 14 with the following:

“children.”

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

Clause 11 carried.

On Clause 12,

Joe Comartin moved, -- That Bill C-53, in Clause 12, be amended by replacing line 7 on page 15 with the following:

"effects on human health and safety and the"

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

André Bachand moved, -- That Bill C-53, in Clause 12, be amended by adding after line 14 on page 15 the following:

“(3) Any person may, by delivering a notice in writing, request that the Minister require a registrant to compile information, conduct tests and monitor experience or report information and, when the Minister receives such a request, the Minister shall provide a decision on whether the request is accepted to the person in writing within a reasonable amount of time, having regard to the purposes of this Act.”

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

Clause 12 carried.

On Clause 13,

André Bachand moved, -- That Bill C-53, in Clause 13, be amended by adding after line 22 on page 15 the following:

“(2) The Minister shall require a specific monitoring program when there is a reasonable suspicion of adverse effects on species listed by the Government of Canada or by the government of a province as being at risk. The location and number of monitoring studies will depend on the species or groups of species identified and on the types of eco-regions in which they occur. A monitoring study may focus on an indicator species expected to be sensitive, or a multi-species testing design could be introduced to consider the effects on the whole community.

(3) All registrants are required to participate in a post registration self-monitoring program. This program shall require that the registrant provide to the Minister, at the times and in the manner to be determined by the Minister at the time of registration, the following information:

(a) any new information which arises subsequent to registration relating to the harmfulness of the registered pest control product;

(b) without limiting the generality of the foregoing, any new information pertaining to the maximum permissible limits; and

(c) on no less than an annual basis, information on the use of the pest control product, including the crops on which the pest control product has been used, the average number of treatments per crop at a specified application rate, and the total usage per crop.

(4) Any person may report information to the Minister respecting the harmfulness of any registered pest control product.

(5) The Minister shall consider any information reported under subsections (1) to (4).

(6) After considering information described in subsection (5), the Minister shall make that information available to the public.”

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

Clause 13 carried.

On Clause 14,

André Bachand moved, -- That Bill C-53, in Clause 14, be amended by replacing line 25 on page 15 with the following:

“shall determine whether a re-evaluation of”

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

Clause 14 carried.

At 1:07 p.m., the Committee adjourned to the call of the Chair.

Gary S. Sokolyk
Clerk of the Committee