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Thursday, December 16, 2010 (No. 119)

Report Stage of Bills

Bill C-20

An Act to amend the National Capital Act and other Acts

Notices of Motions

Motion No. 1 — November 16, 2010 — — That Bill C-20, in Clause 10, be amended by replacing line 7 on page 6 with the following:

“Commission shall consult the provinces concerned and provide opportunities for”

Motion No. 2 — November 16, 2010 — — That Bill C-20, in Clause 10, be amended by replacing line 31 on page 7 with the following:

“as its priority the maintenance or”


Bill C-42
An Act to amend the Aeronautics Act

Notices of Motions

Motion No. 1 — December 15, 2010 — — That Bill C-42, in Clause 2, be amended by replacing lines 7 to 15 on page 2 with the following:

“(4) The Committee of the House of Commons responsible for transport matters must,

(a) within three years after the day on which this subsection comes into force and every five years thereafter, commence a comprehensive review of the provisions and operation of this section, and complete the review within two years; and

(b) within three months after the day on which the review is completed, submit a report to the House of Commons setting out its findings.”

Motion No. 2 — December 9, 2010 — — That Bill C-42, in Clause 2, be amended by replacing line 12 on page 2 with the following:

“the provisions and operation of this Act, to be completed within two years after its commencement; and”

Motion No. 3 — December 13, 2010 — — That Bill C-42, in Clause 2, be amended by replacing line 12 on page 2 with the following:

“the provisions and operation of this section; and”


Bill C-393
An Act to amend the Patent Act (drugs for international humanitarian purposes) and to make a consequential amendment to another Act

Notices of Motions

Motion No. 1 — December 14, 2010 — — That Bill C-393 be amended by restoring Clause 2 as follows:

“2. Section 21.02 of the Act is replaced by the following:

21.02 The definitions in this section apply in sections 21.01 to 21.16.

“authorization” means an authorization granted under subsection 21.04(1).

“pharmaceutical product” means any drug, as defined in section 2 of the Food and Drugs Act, and includes monitoring products and products used in conjunction with a pharmaceutical product.”

Motion No. 2 — December 14, 2010 — — That Bill C-393 be amended by restoring Clause 4 as follows:

“4. (1) Subsection 21.04(1) of the Act is replaced by the following:

21.04 (1) Subject to subsections (3) and (4), the Commissioner shall, on the application of any person and on the payment of the prescribed fee, authorize the person to

(a) manufacture the pharmaceutical product or products named in the application;

(b) make, construct and use any patented invention solely for the purpose of manufacturing the product or products; and

(1.1) In addition to what is authorized under subsection (1), an authorization under that subsection authorizes the person to

(a) manufacture any active ingredient used in the manufacture of a finished product; and

(b) make, construct and use any patented invention solely for the purpose of manufacturing any active pharmaceutical ingredient used in the manufacture of a finished product.

(1.2) If a country is removed from the Schedule an authorization continues to apply with respect to that country for 30 days as though that country had not been removed from the Schedule.

(2) Subsection 21.04(2) of the Act is amended by adding “and” at the end of paragraph (a) and by repealing paragraphs (b) to (f).

(3) Subsection 21.04(3) of the Act is replaced by the following:

(3) The Commissioner shall grant an authorization only if the applicant has complied with the prescribed requirements.”

Motion No. 3 — December 15, 2010 — — That Bill C-393 be amended by adding after line 22 on page 3 the following new clause:

“18. (1) The provisions of this Act that amend the Patent Act shall cease to apply on the day that is the fourth anniversary of the day on which this Act comes into force unless, before that day, the application of those provisions is extended by a resolution — the text of which is established under subsection (2) — passed by both Houses of Parliament in accordance with the rules set out in subsection (3).

(2) The Governor in Council may, by order, establish the text of a resolution providing for the extension of the application of the provisions that amend the Patent Act referred to in subsection (1) and specifying the period of the extension, which may not exceed five years from the first day on which the resolution has been passed by both Houses of Parliament.

(3) A motion for the adoption of the resolution may be debated in both Houses of Parliament but may not be amended. At the conclusion of the debate, the Speaker of each House of Parliament shall immediately put every question necessary to determine whether or not the motion is concurred in.

(4) The application of the provisions that amend the Patent Act referred to in subsection (1) may be further extended in accordance with the procedure set out in this section.

(5) In the event that the provisions that amend the Patent Act referred to in subsection (1) cease to apply, applications that have been granted an authorization under section 21.04 of that Act shall be concluded if they were submitted before the day on which those provisions cease to apply.”


Bill C-474
An Act respecting the Seeds Regulations (analysis of potential harm)
Pursuant to Standing Order 76.1(5), the Speaker selected and grouped for debate the following motions:
Group No. 1 -- Motions Nos. 1 to 10.
Statement and selection by Speaker — see Debates of December 1, 2010.

Resuming Debate

Group No. 1

Motion No. 1 -- Question put separately.

Motion No. 2 -- Question put separately.

Motion No. 3 -- Question put separately.

Motion No. 4 -- Question put separately.

Motion No. 5 -- Question put separately.

Motion No. 6 -- Question put separately.

Motion No. 7 -- Question put separately.

Motion No. 8 -- Question put separately.

Motion No. 9 -- Question put separately.

Motion No. 10 -- Question put separately.

Motion No. 1 — December 1, 2010 — , seconded by , — That Bill C-474, in Clause 2, be amended by replacing line 6 on page 1 with the following:

“2. The Governor in Council shall, within 90”

Motion No. 2 — December 1, 2010 — , seconded by , — That Bill C-474, in Clause 2, be amended by replacing line 10 on page 1 with the following:

“by the Government of Canada, published in the Canada Gazette and taken into consideration by the Government of Canada before the sale of any new genetically en-”

Motion No. 3 — December 1, 2010 — , seconded by , — That Bill C-474, in Clause 2, be amended by replacing line 11 on page 1 with the following:

“gineered seed is permitted in Canada.”

Motion No. 4 — December 1, 2010 — , seconded by , — That Bill C-474 be amended by adding after line 11 on page 1 the following new clause:

“3. The results of the analysis referred to in section 2 shall be included as part of every application that is made for the registration of a variety of seed and any notification of the release of the seed in question into the environment.”

Motion No. 5 — December 1, 2010 — , seconded by , — That Bill C-474 be amended by adding after line 11 on page 1 the following new clause:

“3. The analysis referred to in section 2 shall take into account the regulatory systems that govern genetically engineered seed and the crops and products that are derived from that seed in the countries that import Canadian agricultural products.”

Motion No. 6 — December 1, 2010 — , seconded by , — That Bill C-474 be amended by adding after line 11 on page 1 the following new clause:

“3. The analysis referred to in section 2 shall take into account the economic impact on Canadian farmers and exporters whose established markets for registered seed or for the crops and products derived from that seed would be harmed as a result of the introduction of the new variety of genetically engineered seed.”

Motion No. 7 — December 1, 2010 — , seconded by , — That Bill C-474 be amended by adding after line 11 on page 1 the following new clause:

“3. The analysis referred to in section 2 shall take into account whether or not the variety of genetically engineered seed in question has been approved for use in the countries that import Canadian agricultural products.”

Motion No. 8 — December 1, 2010 — , seconded by , — That Bill C-474 be amended by adding after line 11 on page 1 the following new clause:

“3. In this Act, “genetically engineered seed” means a seed that has been altered using recombinant DNA (rDNA) technology.”

Motion No. 9 — December 1, 2010 — , seconded by , — That Bill C-474 be amended by adding after line 11 on page 1 the following new clause:

“3. In this Act, “new”, in respect of a genetically engineered seed, means a genetically engineered seed that was not registered in Canada before the day on which this Act comes into force.”

Motion No. 10 — December 1, 2010 — , seconded by , — That Bill C-474 be amended by adding after line 11 on page 1 the following new clause:

“3. For the purposes of section 2, “potential harm to export markets” exists if the sale of new genetically engineered seed in Canada would likely result in an economic loss to farmers and exporters as a result of the refusal, by one or more countries that import Canadian agricultural products, to allow the admission of any registered Canadian seed, or crops or products derived from that seed.”