HEAL Committee Meeting
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MINUTES OF PROCEEDINGS
Meeting No. 12
Wednesday, December 4, 2002
The Standing Committee on Health met at 3:50 p.m. this day, in Room 371, West Block, the Chair, Bonnie Brown, presiding.
Members of the Committee present: Carolyn Bennett, Bonnie Brown, Jeannot Castonguay, Brenda Chamberlain, Stan Dromisky, The Hon. Hedy Fry, James Lunney, Réal Ménard, Rob Merrifield, Hélène Scherrer, Judy Sgro, Carol Skelton, Yolande Thibeault, Judy Wasylycia-Leis.
Other Members present: Paul Szabo, Yvon Charbonneau.
In attendance: From the Library of Parliament: Nancy Miller Chenier, Sonya Norris and Monique Hébert, Research Officers. From the Committees Directorate: Joann Garbig and Jeffrey LeBlanc, Legislative Clerks.
Witnesses: From the Department of Justice: Glenn Rivard, Senior Legal Counsel. From the Department of Health: Francine Manseau, Senior Policy Analyst, Health Policy and Communications Branch, Special Projects Division; Caroline Weber, Director General, Policy Planning and Priorities Directorate; Rodney Ghali, Policy Analyst, Policy Planning and Priorities Directorate.
Pursuant to its Order of Reference of Wednesday, October 9, 2002, the Committee resumed consideration of Bill C-13, An Act respecting assisted human reproduction (See Minutes of Proceedings, Tuesday, November 19, 2002, Meeting No. 2).
The Committee resumed Clause-by-Clause consideration on Clause 2 of the Bill.
Rob Merrifield moved, -- That the Committee postpone the meetings that were scheduled on Thursday, December 5, 2002, resuming Clause-by-Clause consideration of Bill C-13, to Tuesday, December 10, 2002.
After debate, the question being put on the motion, it was adopted on division.
On Clause 2,
Rob Merrifield moved, -- That Bill C-13, in Clause 2, be amended by replacing line 28 on page 1 with the following:
“(e) trade in the reproductive capabilities of”
By unanimous consent, it was agreed to only replace the English version of the amendment.
After debate, the question being put on the amendment, it was adopted on division.
Judy Wasylycia-Leis moved, -- That Bill C-13, in Clause 2, be amended
(a) by replacing, in the English version, line 32 on page 1 with the following:
“justify their prohibition;”
(b) by replacing, in the English version, line 3 on page 2 with the following:
“preserved and protected; and”
(c) by adding after line 3 on page 2 the following:
“(g) the precautionary principle must be applied to the approval of all technologies used under the authority of this Act.”
After debate, the question being put on the amendment, it was negatived.
By unanimous consent, Clause 2 was allowed to stand.
On Clause 3,
Rob Merrifield moved, -- That Bill C-13, in Clause 3, be amended by replacing lines 31 and 32 on page 2 with the following:
“(b) in relation to an in vitro embryo, each biological parent of the embryo.”
After debate, the question being put on the amendment, it was negatived by a show of hands.
YEAS: 3 NAYS:
10
By unanimous consent, the following amendment of Réal Ménard to Clause 2 previously adopted was reconsidered:
That Bill C-13, in Clause 2, be amended by adding after line 27 on page 1 the following:
“(d.1) persons who undergo assisted reproduction procedures must not, in any case and for any reason, be the object of discrimination on the grounds of sexual orientation or marital status; ”
Réal Ménard moved the following amendment, -- That the amendment be amended to read as follows:
“(e) persons who seek to undergo assisted reproduction procedures must not be discriminated against, including on the basis of their sexual orientation or marital status; ”
After debate, the question being put on the amendment, it was adopted on the following recorded division:
YEAS
Carolyn
Bennett
Jeannot
Castonguay
Stan
Dromisky
Hedy Fry
Réal Ménard
Hélène Scherrer
Yolande
Thibeault
Judy
Wasylycia-Leis -- 8
NAYS
Brenda Chamberlain
James Lunney
Rob Merrifield
Judy Sgro
Carol Skelton -- 5
The amendment of Réal Ménard, as amended, was adopted.
Clause 2, as amended, was carried on the following recorded division:
YEAS
Carolyn
Bennett
Jeannot
Castonguay
Brenda Chamberlain
Stan Dromisky
Hedy Fry
Réal Ménard
Hélène
Scherrer
Judy Sgro
Yolande
Thibeault -- 9
NAYS
James Lunney
Rob Merrifield
Carol Skelton
Judy Wasylycia-Leis -- 4
On Clause 3,
Rob Merrifield moved, -- That Bill C-13, in Clause 3, be amended by replacing line 39 on page 2 with the following:
“purpose of creating another human being.”
After debate, the question being put on the amendment, it was negatived by a show of hands:
YEAS: 3 NAYS:
8
Jeannot Castonguay moved, -- That Bill C-13, in Clause 3, be amended by replacing lines 22 to 25 on page 3 with the following:
“tains a diploid set of chromosomes obtained from a single – living or deceased – human being, foetus or embryo.”
After debate, the question being put on the amendment, it was adopted.
Rob Merrifield moved, -- That Bill C-13, in Clause 3, be amended by replacing line 28 on page 3 with the following:
“man gene, and includes a part or combination of any of”
By unanimous consent, the amendment was withdrawn.
Rob Merrifield moved, -- That Bill C-13, in Clause 3, be amended by adding after line 8 on page 4 the following:
“”parent” means any donor contributing to a living human embryo.”
After debate, the question being put on the amendment, it was negatived by a show of hands:
YEAS: 3 NAYS:
8
Jeannot Castonguay moved, -- That Bill C-13, in Clause 3, be amended by replacing lines 12 to 15 on page 4 with the following:
“who - with the intention of surrendering the child at birth to a donor or another person - carries an embryo or foetus that was conceived by means of an assisted reproduction procedure and derived from the genes of a donor or donors.”
After debate, the question being put on the amendment, it was adopted on division.
Yolande Thibeault moved, -- That Bill C-13, in Clause 3, be amended by replacing lines 13 to 15 on page 4 with the following:
“from the genes of a donor or donors.”
By unanimous consent, the amendment was withdrawn.
Clause 3, as amended, carried.
Clause 4 carried.
On Clause 5,
Rob Merrifield moved, -- That Bill C-13, in Clause 5, be amended by replacing line 21 on page 4 with the following:
“(b) create an in vitro embryo without a licence for any”
By unanimous consent, the amendment was withdrawn.
Rob Merrifield moved, -- That Bill C-13, in Clause 5, be amended by replacing lines 22 to 24 on page 4 with the following:
“purpose other than creating a human being;”
The question being put on the amendment, it was negatived by a show of hands.
YEAS: 3 NAYS:
10
Jeannot Castonguay moved, -- That Bill C-13, in Clause 5, be amended by replacing line 31 on page 4 with the following:
“a female person after the fourteenth day of its”
After debate, the question being put on the amendment, it was adopted on division.
Rob Merrifield moved, -- That Bill C-13, in Clause 5, be amended by replacing lines 31 to 34 on page 4 with the following:
“a woman after the second year of its fertilization or creation;”
By unanimous consent, the amendment was withdrawn.
Rob Merrifield moved, -- That Bill C-13, in Clause 5, be amended by replacing line 6 on page 5 with the following:
“a sex-linked disorder or disease in accordance with the regulations;”
By unanimous consent, the amendment was allowed to stand.
James Lunney moved, -- That Bill C-13, in Clause 5, be amended by adding after line 24 on page 5 the following:
“(k) import or export
(i) a sperm or ovum, or any part of one, for the purpose of creating an embryo, or
(ii) an in vitro embryo, for any purpose.”
After debate, the question being put on the amendment, it was negatived on the following recorded division:
YEAS
James Lunney
Rob Merrifield
Carol Skelton -- 3
NAYS
Carolyn Bennett
Jeannot
Castonguay
Brenda
Chamberlain
Stan Dromisky
Hedy Fry
Réal
Ménard
Hélène Scherrer
Judy Sgro
Yolande
Thibeault
Judy Wasylycia-Leis -- 10
Rob Merrifield moved, -- That Bill C-13, in Clause 5, be amended by replacing lines 21 to 24 on page 5 with the following:
“(j) create a hybrid for any purpose but that of testing gamete viability.”
The question being put on the amendment, it was negatived on the following recorded division:
YEAS
James Lunney
Rob Merrifield
Carol Skelton -- 3
NAYS
Carolyn Bennett
Jeannot
Castonguay
Brenda
Chamberlain
Stan Dromisky
Hedy Fry
Réal Ménard
Hélène Scherrer
Judy Sgro
Yolande
Thibeault
Judy Wasylycia-Leis -- 10
By unanimous consent, Clause 5 was allowed to stand.
On Clause 6,
Hedy Fry moved, -- That Bill C-13, in Clause 6, be amended by replacing lines 31 to 34 on page 5 with the following:
“6. (1) A person who carries a pregnancy on behalf of an infertile couple shall be paid compensation, in an amount that the Agency considers reasonable, for the physical, emotional, physiological and medical risks associated with pregnancy.”
The Chair ruled the proposed amendment inadmissible, because it went against the intent of the Bill.
Jeannot Castonguay moved, -- That Bill C-13, in Clause 6, be amended by
(a) replacing, in the English version, line 32 on
page 5 with the following:
”a female person to be a surrogate mother”,
(b) adding after line 10 on page 6 the following:
”(5) This section does not affect the validity under provincial law of any
agreement under which a person agrees to be a surrogate mother.”
After debate, the question being put on the amendment, it was adopted by a show of hands.
YEAS: 7 NAYS:
2
At 6:03 p.m., the Committee adjourned to the call of the Chair.
José Cadorette
Clerk of the Committee