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40th PARLIAMENT, 3rd SESSION

Journals No. 138 Thursday, March 3, 2011 10:00 a.m.

Prayers

Daily Routine Of Business

Introduction of Government Bills

Pursuant to Standing Orders 68(2) and 69(1), on motion of Mr. O'Connor (Minister of State) for Mr. Cannon (Minister of Foreign Affairs), seconded by Mr. Fletcher (Minister of State (Democratic Reform)), Bill C-61, An Act to provide for the taking of restrictive measures in respect of the property of officials and former officials of foreign states and of their family members, was introduced, read the first time, ordered to be printed and ordered for a second reading at the next sitting of the House.

Presenting Reports from Committees

Mr. Fast (Abbotsford), from the Standing Committee on Justice and Human Rights, presented the 14th Report of the Committee (Bill C-576, An Act to amend the Criminal Code (personating peace officer), without amendment). — Sessional Paper No. 8510-403-203.

A copy of the relevant Minutes of Proceedings (Meeting No. 51) was tabled.

Mr. Tweed (Brandon—Souris), from the Standing Committee on Transport, Infrastructure and Communities, presented the Ninth Report of the Committee (Bill C-511, An Act respecting the reporting of motor vehicle information and to amend the Motor Vehicle Safety Act (improving public safety), with amendments). — Sessional Paper No. 8510-403-204.

A copy of the relevant Minutes of Proceedings (Meeting No. 51) was tabled.

Motions

By unanimous consent, it was ordered, — That, notwithstanding any Standing Order or usual practice of the House, at the conclusion of today's debate on the opposition motion in the name of the Member for Hamilton Centre, all questions necessary to dispose of the motion be deemed put and a recorded division deemed requested and deferred to Tuesday, March 8, 2011, at the expiry of the time provided for Government Orders.

Presenting Petitions

Pursuant to Standing Order 36, petitions certified correct by the Clerk of Petitions were presented as follows:

— by , one concerning transportation (No. 403-1449);

— by , four concerning funding aid (Nos. 403-1450 to 403-1453);

— by , one concerning Afghanistan (No. 403-1454);

— by , one concerning funding aid (No. 403-1455).

Business of Supply

The Order was read for the consideration of the Business of Supply.

Mr. Christopherson (Hamilton Centre), seconded by Mr. Donnelly (New Westminster—Coquitlam), moved, — That: (a) the House recognize the undemocratic nature of the current form of representation in the Parliament of Canada, specifically the unnecessary Senate and a House of Commons that does not accurately reflect the political preferences of Canadians;

(b) the House call on the government to (i) propose amendments to the Referendum Act in order to allow the holding of a special referendum at the same time as the next general election, (ii) put a simple question, as written by the Special Committee for Democratic Improvement, which would allow Canadians to vote to abolish the Senate;

(c) the House appoint a Special Committee for Democratic Improvement, whose mandate is to (i) engage with Canadians, and make recommendations to the House, on how best to achieve a House of Commons that more accurately reflects the votes of Canadians by combining direct election by electoral district and proportional representation, (ii) advise the government on the wording of a referendum question to abolish the Senate; and

(d) the Special Committee for Democratic Improvement shall consist of 12 members which shall include six members from the government party, three members from the Official Opposition, two members from the Bloc Québécois and one member from the New Democratic Party, provided that the Chair shall be from the government party, and

(1) that in addition to the Chair, there shall be one Vice-Chair elected by committee members, who shall be from an opposition party;

(2) that the members to serve on the said Committee be appointed by the Whip of each party depositing with the Clerk of the House a list of his or her party's members of the Committee no later than three days from the passage of this motion;

(3) that the quorum of the Special Committee be seven members for any proceedings;

(4) that membership substitutions be permitted to be made from time to time, if required, in the manner provided for in Standing Order 114(2);

(5) that the Committee have all of the powers of a standing committee as provided in the Standing Orders; and

(6) that the Committee shall report its recommendations to this House no later than one year from the passage of this motion.

Debate arose thereon.

Ms. Gagnon (Québec), seconded by Ms. Faille (Vaudreuil-Soulanges), moved the following amendment, — That the motion be amended:

(a) by adding after the words “the next general election,” the following:

“with the understanding that, in Quebec, such a referendum will be subject to Quebec law, in accordance with the current Referendum Act and as established as a precedent by the 1992 Referendum on the Charlottetown Accord,”;

(b) by adding after the words “recommendations to the House” the following:

“that in no way reduce the current weight of the Quebec nation in the House of Commons”.

Debate arose thereon.

Statements By Members

Pursuant to Standing Order 31, Members made statements.

Oral Questions

Pursuant to Standing Order 30(5), the House proceeded to Oral Questions.

Business of Supply

The House resumed consideration of the motion of Mr. Christopherson (Hamilton Centre), seconded by Mr. Donnelly (New Westminster—Coquitlam), in relation to the Business of Supply;

And of the amendment of , seconded by .

The debate continued.

At 5:15 p.m., pursuant to Standing Order 81(16), the Speaker interrupted the proceedings.

Pursuant to Order made earlier today, the question was deemed put on the amendment and a recorded division was deemed requested and deferred until Tuesday, March 8, 2011, at the expiry of the time provided for Government Orders.

Private Members' Business

At 5:15 p.m., by unanimous consent, the House proceeded to the consideration of Private Members' Business.

The House resumed consideration at report stage of Bill C-393, An Act to amend the Patent Act (drugs for international humanitarian purposes) and to make a consequential amendment to another Act, as reported by the Standing Committee on Industry, Science and Technology with amendments;

And of the motions in Group No. 1 (Motions Nos. 1 to 3).

Group No. 1

Motion No. 1 of Ms. Leslie (Halifax), seconded by Mr. Thibeault (Sudbury), — 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.”

Amendment to Motion No. 1 of Mr. Masse (Windsor West), seconded by Mr. Julian (Burnaby—New Westminster), — That the motion proposing to restore Clause 2 of Bill C-393 be amended by replacing the definition “pharmaceutical product” with the following:

““pharmaceutical product” means any patented product listed in Schedule 1 in, if applicable, the dosage form, the strength and the route of administration specified in that Schedule in relation to the product and any other patented product, or product manufactured through a patented process, of the pharmaceutical sector needed to address public health problems, especially those resulting from HIV/AIDS, tuberculosis, malaria and other epidemics, and includes active ingredients necessary for its manufacture and diagnostic kits needed for its use.”.

Motion No. 2 of Ms. Leslie (Halifax), seconded by Mr. Thibeault (Sudbury), — 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.”

Amendment to Motion No. 2 of Mr. Masse (Windsor West), seconded by Mr. Julian (Burnaby—New Westminster), — That the Motion proposing to restore Clause 4 of Bill C-393 be amended by deleting all the words after the words “4. (1) Subsection 21.04(1) of the Act is replaced by the following:” and substituting the following:

“21.04 (1) Subject to subsection (3), the Commissioner shall, on the application of any person and on the payment of the prescribed fee, authorize the person to make, construct and use a patented invention solely for purposes directly related to the manufacture of the pharmaceutical product named in the application and to sell it for export to any country listed in Schedule 2.

(2) Paragraph 21.04(2)(c) of the Act is repealed.

(3) Paragraphs 21.04(2)(e) and (f) of the Act are repealed.

(4) Subparagraphs 21.04(3)(c)(i) and (ii) of the Act are replaced by the following:

(i) sought from the patentee or, if there is more than one, from each of the patentees, by certified or registered mail, a licence to manufacture and sell the pharmaceutical product for export to one or more of the countries listed in Schedule 2 on reasonable terms and conditions and that such efforts have not been successful; and

(ii) provided the patentee, or each of the patentees, as the case may be, by certified or registered mail, in the written request for a licence, with the information that is in all material respects identical to the information referred to in subsection (2).

(5) Paragraph 21.04(3)(d) of the Act is repealed.

(6) Section 21.04 is amended by adding the following after subsection (3):

“(4) The solemn or statutory declaration referred to in paragraph (3)(c) is not required in the case of an application to the Commissioner for an authorization to supply the product named in the application to an eligible importing country for purposes of addressing a national emergency or other circumstances of extreme urgency in that country or for purposes of public non-commercial use, but in such cases, the Commissioner shall notify the patentee or patentees of the issuance of the compulsory licence as soon as reasonably practicable after it has been issued.””.

Motion No. 3 of Mr. Malo (Verchères—Les Patriotes), seconded by Ms. Deschamps (Laurentides—Labelle), — 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.”

The debate continued on the motions in Group No. 1.

Ms. Guay (Rivière-du-Nord), seconded by Ms. Bonsant (Compton—Stanstead), moved the following amendment to Motion No. 3, — That Motion No. 3 be amended by deleting all the words after the words “The provisions of this Act that amend the Patent Act” and substituting with the following:

“shall cease to apply on the day that is the tenth anniversary of the day on which this Act comes into force unless, before that day, the application of those provisions is subject to a comprehensive review by the standing committee designated by the House of Commons for that purpose, that committee recommends that they be maintained and the House of Commons approves that recommendation.”.

The debate continued on the motions in Group No. 1.

Motions

By unanimous consent, it was ordered, — That, notwithstanding any Standing Order or usual practice of the House, Bill C-61, An Act to provide for the taking of restrictive measures in respect of the property of officials and former officials of foreign states and of their family members, be deemed read a second time and referred to the Standing Committee on Foreign Affairs and International Development.

Private Members' Business

And of the motions in Group No. 1 (Motions Nos. 1 to 3).

The debate continued on the motions in Group No. 1.

The question was put on the amendment to Motion No. 1 and it was agreed to.

The House proceeded to the putting of the question on Motion No. 1, as amended, of Ms. Leslie (Halifax), seconded by Mr. Thibeault (Sudbury), — 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 patented product listed in Schedule 1 in, if applicable, the dosage form, the strength and the route of administration specified in that Schedule in relation to the product and any other patented product, or product manufactured through a patented process, of the pharmaceutical sector needed to address public health problems, especially those resulting from HIV/AIDS, tuberculosis, malaria and other epidemics, and includes active ingredients necessary for its manufacture and diagnostic kits needed for its use.”

The question was put on Motion No. 1, as amended, and it was agreed to.

The question was put on the amendment to Motion No. 2 and it was agreed to.

The House proceeded to the putting of the question on Motion No. 2, as amended, of Ms. Leslie (Halifax), seconded by Mr. Thibeault (Sudbury), — 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 subsection (3), the Commissioner shall, on the application of any person and on the payment of the prescribed fee, authorize the person to make, construct and use a patented invention solely for purposes directly related to the manufacture of the pharmaceutical product named in the application and to sell it for export to any country listed in Schedule 2.

(2) Paragraph 21.04(2)(c) of the Act is repealed.

(3) Paragraphs 21.04(2)(e) and (f) of the Act are repealed.

(4) Subparagraphs 21.04(3)(c)(i) and (ii) of the Act are replaced by the following:

(5) Paragraph 21.04(3)(d) of the Act is repealed.

(6) Section 21.04 is amended by adding the following after subsection (3):

The question was put on Motion No. 2, as amended, and it was agreed to.

The question was put on the amendment to Motion No. 3 and, pursuant to Standing Order 98(4), the recorded division was deferred until Wednesday, March 9, 2011, immediately before the time provided for Private Members' Business.

Messages from the Senate

Messages were received from the Senate as follows:

— ORDERED: That a message be sent to the House of Commons to acquaint that House that the Senate has passed Bill C-14, An Act to amend the Electricity and Gas Inspection Act and the Weights and Measures Act, without amendment.

— ORDERED: That a message be sent to the House of Commons to acquaint that House that the Senate has passed Bill C-22, An Act respecting the mandatory reporting of Internet child pornography by persons who provide an Internet service, without amendment.

Returns and Reports Deposited with the Clerk of the House

Pursuant to Standing Order 32(1), papers deposited with the Clerk of the House were laid upon the Table as follows:

— by — Interim Order No. 4 Respecting Passenger Identification and Behaviour Observation (JUS-81100-3-2), dated March 2, 2011, pursuant to the Aeronautics Act, R.S. 1985, c. A-2, sbs. 6.41(5) and (6). — Sessional Paper No. 8560-403-926-17. (Pursuant to Standing Order 32(5), permanently referred to the Standing Committee on Transport, Infrastructure and Communities)

— by — Interim Order No. 10 Respecting Mail, Cargo and Baggage (JUS-81100-3-1), dated March 2, 2011, pursuant to the Aeronautics Act, R.S. 1985, c. A-2, sbs. 6.41(5) and (6). — Sessional Paper No. 8560-403-926-18. (Pursuant to Standing Order 32(5), permanently referred to the Standing Committee on Transport, Infrastructure and Communities)

Petitions Filed with the Clerk of the House

Pursuant to Standing Order 36, petitions certified correct by the Clerk of Petitions were filed as follows:

— by , one concerning genetic engineering (No. 403-1456);

— by , one concerning funding aid (No. 403-1457);

— by , one concerning Iran (No. 403-1458).

Adjournment Proceedings

At 6:18 p.m., by unanimous consent, the question “That this House do now adjourn” was deemed to have been proposed.

After debate, the question was deemed to have been adopted.

Accordingly, at 6:46 p.m., the Speaker adjourned the House until tomorrow at 10:00 a.m., pursuant to Standing Order 24(1).