HEAL Committee Meeting

MINUTES OF PROCEEDINGS

Meeting No. 84

Wednesday, May 29, 2002

The Standing Committee on Health met at 3:42 p.m. this day, in Room 269, West Block, the Chair, Bonnie Brown, presiding.

Members of the Committee present: Reg Alcock, André Bachand, Diane Bourgeois, Bonnie Brown, Jeannot Castonguay, Rob Merrifield, Hélène Scherrer, Judy Sgro, Carol Skelton, Bob Speller, Judy Wasylycia-Leis.

Acting Member(s) present: Peter Adams for Stan Dromisky, Bernard Bigras for Réal Ménard, Gérard Binet for Stan Dromisky, Hedy Fry for Yolande Thibeault, John Richardson for Brenda Chamberlain, Raymond Simard for Yolande Thibeault.

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.

André Bachand moved, -- That Bill be amended by adding after line 7 on page 8 the following new clause:

“4.2 For greater certainty, nothing in this Act shall be construed so as to abrogate or derogate from the protection provided for existing aboriginal or treaty rights of the aboriginal peoples of Canada by the recognition and affirmation of those rights in section 35 of the Constitution Act, 1982.”

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

YEAS:  3

NAYS:  7

André Bachand moved, -- That Bill C-53, in Clause 43, be amended by replacing lines 31 to 45 on page 33 and lines 1 to 4 on page 34 with the following:

“(5) For greater certainty, the names and concentrations of active ingredients, formulants and contaminants and the results of the tests to establish an active ingredient’s or product’s efficacy and harmlessness to humans, animals, plants and the environment are all deemed not to be confidential business information or confidential test data.”

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

YEAS:  2

NAYS:  9

Rob Merrifield moved, -- That Bill C-53, in Clause 42, be amended by adding after line 41 on page 31, the following:

“(4.1) A request for confidentiality may be made in writing but is shall be sustained only in relation to confidential business information subject to an overriding discretion to disclose confidential business information where the public interest outweighs the financial or competitive interests of the person requesting confidentiality.”

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

YEAS:  3

NAYS:  5

Judy Wasylycia-Leis moved, -- That Bill C-53, in Clause 43, be amended by replacing lines 31 to 45 on page 33 and lines 1 to 4 on page 34 with the following:

“(5) For greater certainty, the following shall not be considered to be confidential business information:

(a)    the names and contents of active ingredients, of formulants, or of contaminants or the results of any tests to establish the efficacy of a substance or a product or its harmlessness to humans, animals, plants or the environment; and

(b)   information other than as listed in subsection (4) that must be provided in an application for registration or re-registration, re-evaluation or special review, or which must be reported or provided under section 7, 12, 13, 16, 18, 19, 22, 28, 33, 34, 35 or 41. “

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

YEAS:  3

NAYS:  7

Hélène Scherrer moved, -- That Bill C-53, in Clause 43, be amended by replacing lines 42 to 44 on page 33 with the following:

“of the formulants and contaminants in a pest control product, other than those”

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

YEAS:  7

NAYS:  0

André Bachand moved, -- That Bill C-53 be amended by adding after line 21 on page 59 the following new clause:

“80.1 (1) Five years after the coming into force of this Act and every five years after that, a committee of the House of Commons, of the Senate or of both Houses of Parliament is to be designated or established for the purpose of reviewing this Act.

(2) The committee designated or established under subsection (1) shall, as soon as practicable, undertake a comprehensive review of the provisions and operation of this Act, especially as it relates to the primary objective of this Act, and shall submit a report to Parliament thereon, including a statement of any changes that the committee recommends to this Act or to its administration.”

Hedy Fry moved, -- That the amendment be amended by replacing the word “five” with the word “seven”.

After debate, the sub-amendment was withdrawn.

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

YEAS:  3

NAYS:  7

Hedy Fry moved, -- That Bill C-53 be amended by adding after line 21 on page 59 the following:

Permanent review of Act

80.1 (1) The administration of this Act shall, every 10 years after the day on which section 1 comes into force, stand referred to such committee of the House of Commons, of the Senate or of both Houses of Parliament as may be designated or established for that purpose.

Review and report

(2) The committee designated or established for the purpose of subsection (1) shall, as soon as practicable, undertake a comprehensive review of the provisions and operation of this Act and shall, within one year after the review is undertaken or within such further time as the House of Commons, the Senate or both Houses of Parliament, as the case may be, may authorize, submit a report to Parliament thereon, including a statement of any changes to this Act or its administration that the committee would recommend.

Bob Speller moved, -- That the amendment be amended by changing “10 years” to “7 years”.

After debate the sub-amendment was, by a show of hands, agreed to.

YEAS:  10

NAYS:  1

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

            Jeannot Castonguay                              Reg Alcock

            Gérard Binet                                         John Richardson

            Hélène Scherrer                                    Rob Merrifield

            Judy Sgro                                             Carol Skelton

            Bob Speller                                          Réal Ménard

            Hedy Fry                                              Judy Wasylycia-Leis

            André Bachand

 

YEAS:  6

NAYS:  7

Rob Merrifield moved, -- That the amendment be amended by removing the words “of the Senate or of both Houses of Parliament.

After debate, the question being put on the amendment, the results of the vote were announced:

Reg Alcock                                          Jeannot Castonguay

            John Richardson                                   Gérard Binet

            Rob Merrifield                          Hélène Scherrer

            Carol Skelton                                       Judy Sgro

            Réal Ménard                                        Bob Speller

            Judy Wasylycia-Leis Leis                      Hedy Fry

 

YEAS:  6

NAYS:  6

Whereupon the Chair voted in the affirmative.  Accordingly the sub-amendment was agreed to

After further debate, the main amendment was agreed to on the following recorded division:

Reg Alcock                                                      Jeannot Castonguay

John Richardson                                               Gérard Binet

Rob Merrifield                                      Hélène Scherrer

Carol Skelton                                                   Judy Sgro

Yves Ménard                                                   Bob Speller

Judy Wasylycia-Leis                                         Hedy Fry

André Bachand           

 

YEAS:  7

NAYS:  6

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 the Act can be met by so doing.”

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

YEAS:  2

NAYS:  10

Judy Wasylycia-Leis moved, -- That Bill C-53, in Clause 8, be amended by replacing lines 37 and 38 on page 12 with the following:

“product safety information, including workplace labels and material safety data sheets for the product that conform to the standard set out in the Workplace Hazardous Materials Information System, R.R.O. 1990, Reg. 860 as amended by O. Reg. 36/93, to be”

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

YEAS:  1

NAYS:  10

Hedy Fry moved, -- That Bill C-53, in Clause 2, be amended by replacing line17 on page 6 with the following:

« gy that consists of an active ingredient, formulants and contaminants, and that is manufactured, represented, »

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

YEAS:  10

NAYS:  0

Rob Merrifield moved – That the Bill C-53, in clause 16, be amended by adding after line 17 on page 17 the following:

“(7) Within one year after the coming into force of this Act, the Minister shall make regulations setting out time lines for the completion of revaluations and special reviews of pest control products.”

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

            Rob Merrifield                                      Reg Alcock

            Carol Skelton                                       Jeannot Castonguay

            Réal Ménard                                        John Richardson

            Judy Wasylycia-Leis                             Gérard Binet

            André Bachand                                    Hélène Sherrer

                                                                        Judy Sgro

                                                                        Bob Speller

                                                                        Hedy Fry

 

YEAS:  5

NAYS:  8

12-Clause 16 carried on the following recorded division:

Reg Alcock                                          Rob Merrifield

            Jeannot Castonguay                              Carol Skelton

            John Richardson                                   Réal Ménard

            Gérard Binet                                         Judy Wasylycia-Leis

            Hélène Scherrer                                    André Bachand

            Judy Sgro

            Bob Speller

            Hedy Fry

 

YEAS:  8

NAYS:  5

Judy Wasylycia-Leis moved, -- That Bill C-53, in Clause17, be amended by replacing, in the English version, line 26 on page 17 with the following:

“Development prohibits any use of an active”

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

YEAS:  1

NAYS:  10

Clause 17 carried on division

Clause 18 carried

Judy Sgro 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, by a show of hands, agreed to:

YEAS:  7

NAYS:  0

Judy Sgro moved, -- That Bill C-53, in Clause 19, be amended by

(a)    replacing line 28 on page 19 with the following:

(i)                  among other relevant factors, consider available information on aggregate exposure to the pest control product, namely dietary exposure and exposure from other non-occupational sources, including drinking water and use in and around homes and schools, and cumulative effects of the pest control product and other pest control products that have a common mechanism of toxicity,

(ii)                apply appropriate margins of safety to

(b)   replacing line 36 on page 19 with the following:

(iii)               in the case of a threshold effect, if the

(c)    replacing line 41 on page 19 with the following:

under subparagraph (ii) in respect of that

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

YEAS:  8

NAYS:  0

Rob Merrifield moved, -- That Bill C-53, in Clause 19, be amended by replacing lines 9 to 15 on page 20 with the following:

“environmental risks of a pest control product are acceptable, the Minister may, in accordance with the regulations, if any, take into account information regarding the risks of other pest control products that are registered for the same use

(4.1) In determining the value of a pest control product, the Minister shall consult with the Minister of Agriculture and Agri-Food, and may, in accordance with the regulations, if any take into account information regarding the value of other pest control products that are registered for the same use.

(5) For the purposes of subsections (4) and (4.1), the”

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

            Rob Merrifield                          Reg Alcock

            Carol Skelton                                       Jeannot Castonguay

            Réal Ménard                                        John Richardson

            Judy Wasylycia-Leis                             Gérard Binet

            André Bachand                                    Hélène Scherrer

                                                                        Judy Sgro

                                                                        Bob Speller

                                                                        Raymond Simard

 

YEAS:  5

NAYS:  8

 

Judy Wasylycia-Leis moved, -- That Bill C-53, in Clause 19, be amended by replacing line 11 on page 20 with the following:

“shall, in accordance with the regulations, if “

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

YEAS:  3

NAYS:  8

 

Rob Merrifield moved, -- That Bill C-53 be amended by adding after line 21 on page 20 the following new clause:

 

“19.1 (1) The Minister shall expedite any evaluation referred to in subsection 19(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:

YEAS:  3

NAYS:  6

 

Clause 19 carried.

 

Bernard Bigras moved, -- That Bill C-53, in Clause 20, be amended by replacing lines 35 to 40 on page 20 with the following:

“(2) Where there is reason to believe that a pest control product is likely to cause harm, even when there is no conclusive evidence to prove a causal relation between the product and its effects, appropriate preventive measures must be taken.”

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

YEAS:  3

NAYS:  6

 

Judy Wasylycia-Leis moved, -- That Bill C-53, in Clause 20, be amended by adding after line 9 on page 21 the following:

 

“(5) The registration of a pest control product shall be cancelled if the re-evaluation process has not been not completed within five years from its commencement.”

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

YEAS:  3

NAYS:  7

 

Clause 20 carried.

Judy Wasylycia-Leis moved, -- That Bill C-53, in Clause 21, be amended by replacing line 14 on page 21 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:

YEAS:  3

NAYS:  7

Clause 21 carried.

Clause 22 carried.

Raymond Simard moved, -- That Bill C-53, in Clause 23, be amended by

(a)    replacing line 21 on page 22 with the following:

23. (1) If a registrant fails to pay a fee, fine,

(b)   adding after line 28 on page 22 the following:

(2) Before taking any action under subsection (1) in relation to charges or costs, the Minister shall give the registrant a reasonable opportunity to make representations.

(3) The Minister shall immediately give written notice to the registrant of any action taken under subsection (1) and of the reasons for the action.

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

YEAS:  8

NAYS:  0

Clause 23 carried.

Judy Wasylycia-Leis moved, -- That Bill C-53, in Clause 24, be amended by replacing lines 29 and 30 on page 22 with the following:

“24. The Minister may amend the registra-“

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

YEAS:  2

NAYS:  8

Clause 24 carried.

Clause 25 carried.

Clause 26 carried.

Clause 27 carried.

Judy Wasylycia-Leis moved, -- That Bill C-53, in Clause 28, be amended by replacing lines 31 and 32 on page 23 with the following:

“of the registration may result in increased health or environmental”

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

YEAS:  2

NAYS:  6

Clause 28 carried.

Bernard Bigras moved, -- That Bill C-53 be amended by adding after line 23 on page 24 the following new clause:

“28.1 The Pest Management Regulatory Agency shall, soon as is reasonably practical, conduct a thorough study to examine all alternatives to the use of non-organic pest control products.  This study shall be completed and made available to the public within one year after the coming into force of the Act. “

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

YEAS:  2

NAYS:  5

Clause 29 carried.

Clause 30 carried.

Clause 31 carried.

Clause 32 carried.

Clause 33 carried.

Clause 34 carried.

Clause 35 carried.

Clause 36 carried.

Clause 37 carried.

Clause 38 carried.

Clause 39 carried.

Clause 40 carried.

Jeannot Castonguay moved, That Bill C-53, in Clause 41, be amended by replacing line 22 on page 29 with the following:

            (3) The Minister shall suspend an authoriza-

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

YEAS:  10

NAYS:  0

Clause 41 carried.

Bernard Bigras moved, That Bill C-53, in Clause 42, be amended by adding after line 19 on page 32 the following:

“(c.1) a comprehensive data base on alternatives to the use of non-organic pest control products compiled in collaboration with the provincial and territorial governments;”

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

YEAS:  3

NAYS:  6

Clause 42 carried.

Judy Wasylycia-Leis moved, -- That Bill C-53, be amended by adding after line 27 on page 32 the following new clause:

“42.1 The public shall be consulted as to policies, guidelines and codes of practice relating to the regulation of pest control products.”

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

YEAS:  2

NAYS:  7

New Clause 42.1 carried.

Bob Speller moved, -- That Bill C-53, in Clause 43, be amended by

(a)    replacing lines 36 and 37 on page 32 with the following;

for oaths or for taking affidavits, stating

(i)                  the purpose of the inspection, and

(ii)                that the person does not intend to use the test data, or make the test data available to others, in order to register a pest control product in Canada or elsewhere or to amend a registration.

(b)   adding after line 4 on page 33 the following:

(2.1) If the Minister permits a person to inspect confidential test data in the register, the Minister shall make a reasonable effort to immediately notify any registrant who provided the data that the Minister has permitted a person to inspect the data.

(c)    adding the following after line 28 on page 34:

(9) Every person who makes a false statement in an affidavit or a statutory declaration referred to in subsection (1) is guilty of an offence and liable

(a)    on summary conviction, to a fine of not more that $2000,000 or to imprisonment for a term of not more than six months, or to both; or

(b)   on conviction on indictment, to a fine of not more that $500,000 or to imprisonment for a term of not more than three years, or to both.

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

YEAS:  7

NAYS:  0

Rob Merrifield moved, -- That Bill C-53, in Clause 43, be amended

(a)    by replacing, in the English version, line 44 on page 32 with the following:

“to amend a registration;”

(b)   by replacing, in the English version, line 4 on page 33 with the following:

“amending a registration; or”

(c)    by adding after line 4 on page 33 the following:

“(c) cause the test data to be accessible to any business or other entity engaged in the production, sale or distribution of pest control products.”

After debate, the motion was withdrawn

Rob Merrifield moved, -- That Bill C-53, in Clause 43, be amended by replacing lines 5 to 15 on page 34 with the following:

“(6) In determining whether the designated information meets the requirements of subsection (4) or (5), the Minister may reject the designation of the information, or any part thereof, as confidential business information, if

(a)    disclosing the information would be in the public interest as it relates to human health, public safety or the protection of the environment; and

(b)   the benefit to the public interest in disclosing the information clearly outweighs in importance the effect on the person who provided the information, in terms of any financial loss suffered by that person, prejudice to that person’s competitive position or interference with the contractual or other negotiations of that person.

(7) Where the Minister intends to disclose any designated information, or any part thereof, that contains or that the Minister has reason to believe might contain

(a)    trade secrets of a third party;

(b)   financial, commercial, scientific or technical information that is provided to the Minister on a confidential basis and is treated consistently in a confidential manner by the person who provided the information;

(c)    information the disclosure of which could reasonably be expected to result in material financial loss or gain to, or could reasonably be expected to prejudice the competitive position of, the person who provided the information; or

(d)   information the disclosure of which could reasonably be expected to interfere with contractual or other negotiations of the person who provided the information;

the Minister shall, subject to subsection (7.1), make every reasonable effort to give written notice to the person who provided the information of the fact that the Minister intends to disclose the designated information or part thereof.

(7.1) Any person to whom a notice is required to be given under subsection (7) in respect of an intended disclosure may waive the requirement, and where the person has consented to the disclosure the person shall be deemed to have waived the requirement.

(7.2) A notice under subsection (7) shall include

(a)    a statement that the Minister intends to disclose information designated as confidential business information;

(b)   a description of the designated information or part that was provided by the person to whom the notice is given; and

(c)    a statement that the person who provided the designated information may, within twenty days after the notice is given, make representations to the Minister as to why the designated information or part thereof should not be disclosed.

(7.3) Where a notice is given by the Minister under subsection (7) to the person who provided the designated information or a part thereof,

(a)    that person shall be given the opportunity to make representation to the Minister within twenty days after the notice is given as to why the designated information or the part thereof should not be disclosed; and

(b)   the Minister shall, within thirty days after the notice is given, make a decision as to whether or not to disclose the designated information or the part thereof and give written notice of the decision to the person who provided the designated information.

(7.4) Any representation referred to in paragraph (7.3) (a) shall be made in writing unless the Minister permits it to be made orally.

(7.5) Where the Minister finds that the disclosure of information described in subsection (7) is necessary to avoid or lessen an imminent and substantial risk to human health, public safety or the environment, the Minister may set a shorter period of notice of no less than ten days and may give the notice in any manner that the Minister finds appropriate.  During that period, the person who provided the designated information may institute an action in a court of competent jurisdiction to enjoin or to limit the extent of the proposed disclosure.  The court may enjoin disclosure or limit the extent of the disclosure or the parties to whom disclosure may be made if

(a)    the proposed disclosure is not required to protect against an unreasonable risk to human health, public safety or the environment; or

(b)   the public interest in the disclosure of the information does not outweigh the interests in preserving the confidentiality of the information.

(7.6) A notice given under paragraph (7.3) (b) of a decision to disclose designated confidential business information or a part thereof under this Act shall include a statement that the person who provided the designated information is entitled to request a review of the decision by the Federal Court, under section 44 of the Access to Information Act, within twenty days after the notice is given.”

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

YEAS:  1

NAYS:  7

Clause 43 carried.

Clause 44 carried.

Judy Wasylycia-Leis moved, -- That Bill C-53, be amended by adding after line 15 on page 36 the following new clause:

“44.1 Every pest control product must carry a label indicating the following information:

(a)    the name of every active ingredient, with quantity or proportion by volume;

(b)   the name of every formulant, with quantity or proportion by volume;

(c)    the name of every contaminant, with quantity or proportion by volume;

(d)   a toll-free telephone number for additional product information, including label translation into languages other than English and French;

(e)    poison control and treatment information, including instructions for use and for associated integrated pest management, together with any other terms and conditions regarding use associated with the registration of the product, in clear, easy to follow terms;

(f)     a warning in respect of the dangers of exceeding product concentration instructions;

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

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

(i)      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;

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

(k)   an address or web site at which the consumer may obtain a copy of the registration, of the application and of any studies relating to the product.”

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

YEAS:  3

NAYS:  7

Judy Wasylycia-Leis moved, -- That Bill C-53, be amended by adding after line 15 on page 36 the following new clause:

“44.4 The Minister shall conduct regional total diet studies biannually with specific additional research into the consumption patterns of infants and children and shall use the information from such studies to develop better monitoring methods and more intensive investigations of residue data on foods eaten by infants and children.”

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

YEAS:  3

NAYS:  6

Judy Wasylycia-Leis moved, -- That Bill C-53 be amended by adding after line 15 on page 36 the following new clause:

“44.5 In making any determination under this Act, the Minister shall ensure that there is a reasonable certainty that no harm will result to infants and children from aggregate exposure to the pest control product, including taking into account potential pre-natal and post-natal toxicity of the pest control product to infants and children.”

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

YEAS:  3

NAYS:  8

Judy Wasylycia-Leis moved, -- That Bill C-53 be amended by adding after line 15 on page 36 the following new clause:

“44.6 The Minister shall establish Pesticide Use Reduction Plans by sector, with numerical pest control reduction targets and dates.”

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

YEAS:  1

NAYS:  8

Clause 45 carried.

Clause 46 carried.

Clause 47 carried.

Clause 48 carried.

Clause 49 carried.

Clause 50 carried.

Clause 51 carried.

Clause 52 carried.

Clause 53 carried.

Clause 54 carried.

Clause 55 carried.

Clause 56 carried.

Clause 57 carried.

Clause 58 carried.

Clause 59 carried.

Clause 60 carried.

Clause 61 carried.

Clause 62 carried.

Clause 63 carried.

Clause 64 carried.

Clause 65 carried.

Clause 66 carried.

Bob Speller moved, -- That Bill C-53, in Clause 67, be amended by adding after line 30 on page 50 the following:

(f.1) respecting minor uses of a pest control product and defining “minor use” for the purposes of this Act and the regulations;

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

YEAS:  7

NAYS:  2

Rob Merrifield moved, -- That Bill C-53, in clause 67, be amended by adding after, line 32 on page 50 the following:

(g.1) respecting timelines for the registration, re-evaluation and special review of pest control products;

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

YEAS:  1

NAYS:  8

Rob Merrifield moved, -- That Bill C-53, in Clause 67, be amended by replacing lines 1 to 5 on page 53 with the following:

“(2) Regulations made under subsection (1) may incorporate by reference standards or other documents, as amended to a certain date or as amended form time to time, that are produced by

(a)    a government, government agency or international body, whether within or outside Canada;

(b)   an organization established for the purpose of writing standards, including an organization accredited by the Standards Council of Canada or

(c)    an industrial or trade organization.”

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

YEAS:  1

NAYS:  8

Clause 67 carried as amended.

Clause 68 carried.

Clause 69 carried.

Clause 70 carried.

Clause 71 carried.

Clause 72 carried.

Clause 73 carried.

Clause 74 carried.

Clause 75 carried.

Clause 76 carried.

Clause 77 carried.

Clause 78 carried.

Clause 79 carried.

Judy Wasylycia-Leis moved, -- That Bill C-53, in Clause 80, be amended by replacing line 7 on page 59 with the following:

“of Parliament a report on the administration, performance”

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

YEAS:  2

NAYS:  7

Bob Speller moved, -- That Bill C-53, in Clause 80, be amended by replacing line 12 on page 59 with the following:

(a)    a status report respecting registrations, including the registration of pest control products that pose lower risks, re-evaluations.

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

YEAS:  5

NAYS:  1

Rob Merrifield moved, -- That Bill C-53, in Clause 80, be amended

(a) by replacing, in the English version, line 15 on page 59 with the following:

“the Revised Statutes of Canada, 1985;”

(b) by adding after line 21 on page 59 the following:

“ (c) in consultation with any other individual or organization deemed relevant by the Minister, a report on the general progress toward reduced reliance on pest control products including the development and implementation of strategies such as integrated pest management; and

(d) a report describing the activities of the advisory council established under subsection 5(1).”

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

YEAS:  1

NAYS:  6

Clause 80 carried as amended.

Clause 80.1 carried.

Clause 81 carried.

Clause 82 carried.

Clause 83 carried.

Clause 84 carried.

Clause 85 carried.

Clause 86 carried.

Clause 87 carried.

Clause 88 carried.

Clause 89 carried.

Clause 90 carried.

Rob Merrifield moved, -- That Bill C-53, in the Preamble, be amended by adding after line 20 on page 1 the following:

“WHEREAS it is recognized that the use of pest control products has been beneficial to human health in many respects, that there is a need for timely access to safe and effective pest control products and that the use of safe and effective pest control products is essential for Canada to maintain a competitive position in the fields of agriculture, forestry and other resource sectors and in manufacturing;

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

Rob Merrifield                                      Reg Alcock

                                                                        Jeannot Castonguay

                                                                        Peter Adams

                                                                        John Richardson

                                                                        Hélène Scherrer

                                                                        Judy Sgro

                                                                        Bob Speller

                                                                        Raymond Simard

                                                                        Bernard Bigras

                                                                        Judy Wasylycia-Leis

                                                                        André Bachand

 

YEAS:  1

NAYS:  11

Judy Wasylycia-Leis moved, -- That Bill C-53, in the Preamble, be amended by replacing lines 35 and 36 on page 2 with the following:

“encouraging the development and use of alternative, non-toxic, ecological pest control approaches, strategies and products.”

Hedy Fry moved, -- That the amendment be amended by replacing line 36 on page 2 with the following:

that pose lower risks, and encouraging the development and use of alternative, non-toxic, ecological pest control approaches, strategies and products

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

YEAS:  10

NAYS:  1

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

YEAS:  8

NAYS:  0

Clause 2 carried

The title carried.

The Bill carried

ORDERED, -- That the Chair report Bill C-53 with amendments to the House.

ORDERED, -- That Bill C-53, An Act to protect human health and safety and the environment by regulating products used for the control of pests, as amended, be reprinted for the use of the House of Commons.

At 7:40 p.m., the Committee adjourned to the call of the Chair.

 

 

Gary S. Sokolyk

Clerk of the Committee