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HESA Committee Meeting

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MINUTES OF PROCEEDINGS

Meeting No. 12

Tuesday, December 7, 2004

The Standing Committee on Health met at 10:11 a.m. this day, in Room 308 West Block, the Chair, Bonnie Brown, presiding.

Members of the Committee present: Hon. Bill Blaikie, Bonnie Brown, Colin Carrie, Hon. Brenda Chamberlain, Nicole Demers, Ruby Dhalla, James Lunney, Réal Ménard, Rob Merrifield, Michael John Savage and Hon. Robert Thibault.

Acting Members present: Gary Carr for Ruby Dhalla.

In attendance: Library of Parliament: Sonya Norris, Analyst ; Marlisa Tiedemann, Analyst.

Witnesses: Public Health Agency of Canada: Dennis Brodie, Legislative and Regulatory Policy Advisor, Centre for Emergency Preparedness and Response; Jean-Pierre Legault, Chief, Quarantine, Travel Medicine and Migration Health, Office of Public Health Security, Centre for Emergency Preparedness and Response. Department of Health: Mario Simard, General Counsel, Legislative Renewal, Health Policy Branch.

Pursuant to the Order of Reference of Tuesday, October 26, 2004, the Committee resumed consideration of Bill C-12, An Act to prevent the introduction and spread of communicable diseases.

The Committee commenced its clause-by-clause study of the Bill.

The Chair called Clause 1.

The witnesses answered questions.

By unanimous consent, Clause 2 was allowed to stand.

Clause 3 carried.

Clause 4 carried.

On Clause 5,

Nicole Demers moved, — That Bill C-12, in Clause 5, be amended by replacing lines 1 to 3 on page 3 with the following:

“5. (1) The Minister may designate as screening officers, environmental health officers or analysts any persons or classes of persons that are qualified to perform the duties and exercise the powers of such officers or analysts.”

After debate, by unanimous consent, the amendment was withdrawn.

Robert Thibault moved, — That Bill C-12, in Clause 5, be amended by

(a) replacing lines 1 and 2 on page 3 with the following:

“5. (1) The Minister may designate qualified persons, or classes of qualified persons, as analysts, screening”

(b) replacing lines 4 and 5 on page 3 with the following:

“(2) The Minister may designate medical practitioners or other qualified health care practitioners,”

After debate, the question was put on the amendment of Robert Thibault and it was agreed to.

Nicole Demers moved, — That Bill C-12, in Clause 5, be amended by adding after line 18 on page 3 the following:

“(5) The Minister shall cancel a designation made under subsection (1), (2) or (3) if the person or class of persons ceases to meet the applicable conditions referred to in that subsection.”

The question was put on the amendment of Nicole Demers and it was negatived.

Clause 5, as amended, carried.

By unanimous consent, Clause 6 was allowed to stand.

On Clause 7,

Réal Ménard moved, — That Bill C-12, in Clause 7, be amended by replacing line 32 on page 3 with the following:

“place in Canada as a quarantine facility, but only with the agreement of the Minister of Health of the province where the quarantine facility is designated, and may”

After debate, the question was put on the amendment of Réal Ménard and it was negatived on the following recorded division: YEAS: Nicole Demers, Réal Ménard — 2; NAYS: Bill Blaikie, Gary Carr, Brenda Chamberlain, James Lunney, Rob Merrifield, Michael John Savage, Robert Thibault — 7.

Clause 7 carried.

By unanimous consent, Clause 8 was allowed to stand.

By unanimous consent, the Committee reverted to Clause 8 previously stood.

Robert Thibault moved, — That Bill C-12, in Clause 8, be amended by adding after line 2 on page 4 the following:

“(4) The Minister shall consult with the provincial public health authority of the province in which the place is situated before taking possession of it.”

Debate arose thereon.

Réal Ménard moved, -- That the amendment be amended by replacing the words “shall consult with the” with the words “shall consult and seek the support of the”

After debate, the question was put on the subamendment of Réal Ménard and it was negatived.

After debate, the question was put on the amendment of Robert Thibault and it was agreed to.

By unanimous consent, Clause 8, as amended, was allowed to stand.

Clause 9 carried.

On Clause 10,

Robert Thibault moved, — That Bill C-12, in Clause 10, be amended by replacing lines 5 to 8 on page 4 with the following:

“10. The Minister may by order designate any point in Canada as a departure point if, in the opinion of the Minister, the order is necessary to prevent the spread of a communicable disease. ”

After debate, the question was put on the amendment of Robert Thibault and it was agreed to.

Clause 10, as amended, carried.

Clauses 11 to 13 inclusive carried severally.

On Clause 14,

Nicole Demers moved, — That Bill C-12, in Clause 14, be amended by replacing lines 25 and 26 on page 4 with the following:

“14. (1) A screening officer or quarantine officer may, to determine whether a traveller has a”

After debate, by unanimous consent, the amendment was withdrawn.

On motion of Robert Thibault, it was agreed, — That Bill C-12, in Clause 14, be amended by replacing line 25 on page 4 with the following:

“14. (1) Any qualified person authorized by the Min-”

Nicole Demers moved, -- That Bill C-12, in Clause 14, be amended by replacing line 28 on page 4 with the following:

“any prescribed screening technology that does not involve”

Debate arose thereon.

Bill Blaikie moved, — That the amendment be amended by replacing the words “any prescribed screening technology“ with the following “any screening technology authorized by the Minister”

After debate, the question was put on the subamendment of Bill Blaikie and it was agreed to.

After debate, the question was put on the amendment of Nicole Demers, as amended, and it was agreed to.

Clause 14, as amended, carried.

On Clause 15,

On motion of Robert Thibault, it was agreed, — That Bill C-12, in Clause 15, be amended by replacing line 37 on page 4 with the following:

“relevant questions asked by a screening officer or”

On motion of Réal Ménard, it was agreed, — That Bill C-12, in Clause 15, be amended by replacing, in the French version, line 40 on page 4 with the following:

“qu'il peut raisonnablement exiger dans l'exercice”

Rob Merrifield moved, — That Bill C-12, in Clause 15, be amended by replacing line 5 on page 5 with the following:

“close proximity to a person who has, or is reasonably likely to have, a”

On motion of Robert Thibault, it was agreed, — That Bill C-12, in Clause 15, be amended by replacing line 2 on page 5 with the following:

“grounds to suspect that they have or might have a communic-”

Clause 15, as amended, carried.

On Clause 16,

Robert Thibault moved, — That Bill C-12, in Clause 16, be amended by

(a) replacing line 19 on page 5 with the following:

“grounds to suspect that a traveller has or might have a”

(b) replacing line 22 on page 5 with the following:

“proximity to a person who has or might have a communic-”

After debate, the question was put on the amendment of Robert Thibault and it was agreed to.

Clause 16, as amended, carried.

Clauses 17 and 18 carried severally.

On Clause 19,

On motion of Robert Thibault, it was agreed, — That Bill C-12, in Clause 19, be amended by

(a) replacing line 11 on page 6 with the following:

“suspect that the traveller has or might have a communicable”

(b) replacing line 14 on page 6 with the following:

“who has or might have a communicable disease or is”

On motion of Robert Thibault, it was agreed, — That Bill C-12, in Clause 19, be amended by replacing line 21 on page 6 with the following:

“taken as soon as reasonably practicable but in any case within 48 hours after the quarantine officer requires the traveller to undergo it.”

Clause 19, as amended, carried.

By unanimous consent, Clauses 20 to 33 inclusive were stood.

On New Clause 33.1,

Robert Thibault moved, — That Bill C-12 be amended by adding after line 16 on page 11 the following new clause:

“33.1 (1) As soon as practicable, a quarantine officer shall inform the provincial public health authority in any province concerned if

(a) the quarantine officer has required a traveller to undergo a medical examination under subsection 22(1);

(b) the quarantine officer has ordered the traveller to comply with treatment or any other measure under section 26;

(d) the quarantine officer is detaining a traveller under subsection 28(1); or

(e) the quarantine officer does not detain a traveller, for the reasons set out in paragraph 32(d).

(2) The quarantine officer shall disclose to the provincial public health authority the following personal information regarding the traveller, to the extent that it is known:

(a) the traveller’s name, sex, age and date of birth;

(b) the traveller's itinerary, home address and location;

(d) the manner in which the traveller may have acquired the communicable disease or vectors.

(3) The quarantine officer may disclose confidential business information or other personal information obtained under this Act to the provincial public health authority if the officer has reasonable grounds to believe that the disclosure is necessary to prevent the spread of a communicable disease.”

By unanimous consent, the amendment was allowed to stand.

On Clause 34,

On motion of Robert Thibault, it was agreed, — That Bill C-12, in Clause 34, be amended by replacing line 19 on page 11 with the following:

“carrying persons or cargo, or of any prescribed conveyance, shall report to the”

Clause 34, as amended, carried.

At 12:00 p.m., the sitting was suspended.

At 12:25 p.m., the sitting resumed.

On Clause 35,

On motion of Réal Ménard, it was agreed, — That Bill C-12, in Clause 35, be amended by replacing line 3 on page 12 with the following:

“by the Minister if the Minister has reasonable grounds to believe that”

Clause 35, as amended, carried.

On new Clause 35.1,

On motion of Robert Thibault, it was agreed, — That Bill C-12 be amended by adding after line 5 on page 12 the following:

“35.1 If the Minister makes an order under section 35, the Minister may order a provider of air navigation services, within the meaning of section 2 of the Civil Air Navigation Services Commercialization Act, to relay the order.”

Clause 36 carried.

On Clause 37,

On motion of Réal Ménard, it was agreed, — That Bill C-12, in Clause 37, be amended by replacing line 12 on page 12 with the following:

“37. (1) If a screening officer has reasonable grounds to suspect that a”

On motion of Nicole Demers, it was agreed, — That Bill C-12, in Clause 37, be amended by replacing line 22 on page 12 with the following:

“with section 38, take any reasonable measures to prevent entry”

Nicole Demers moved, — That Bill C-12, in Clause 37, be amended by replacing line 24 on page 12 with the following:

“take the conveyance to a place that is within a reasonable distance, until”

After debate, by unanimous consent, the amendment was withdrawn.

Clause 37, as amended, carried.

On Clause 38,

Robert Thibault moved, — That Bill C-12, in Clause 38, be amended by replacing line 27 on page 12 with the following:

“38. The operator shall answer any relevant questions”

After debate, the question was put on the amendment of Robert Thibault and it was agreed to.

On motion of Réal Ménard, it was agreed, — That Bill C-12, in Clause 38, be amended by replacing, in the French version, lines 28 to 31 on page 12 with the following:

“milieu et de lui fournir les renseignements et documents en sa possession qu'il peut raisonnablement exiger dans l'exercice des fonctions que lui confère la présente loi.”

Clause 38, as amended, carried.

On Clause 39,

Nicole Demers moved, — That Bill C-12, in Clause 39, be amended by replacing line 42 on page 12 with the following:

“(a) take any reasonable measures to prevent entry to or exit”

After debate, the question was put on the amendment of Nicole Demers and it was agreed to.

On motion of Rob Merrifield, it was agreed, — That Bill C-12, in Clause 39, be amended by replacing line 9 on page 13 with the following:

“(e) carry out any measures reasonably necessary to”

Clause 39, as amended, carried.

Clause 40 carried.

On New Clause 40.1,

James Lunney moved, -- That Bill C-12 be amended by adding after line 32 on page 13 the following new clause:

“40.1 No person is required to carry out an order under subsection 39(1) if doing so would expose them to a danger as defined in subsection 122(1) of the Canada Labour Code.”

Debate arose thereon.

Bill Blaikie moved, -- That the amendment be amended by replacing the word “person” with the words “employee of an owner or operator of the conveyance or any person using it for the business of carrying persons or cargo”

After debate, the question was put on the subamendment of Bill Blaikie and it was agreed to.

After debate, the question was put on the amendment of James Lunney, as amended, and it was agreed to.

On New Clause 40.2,

Robert Thibault moved, — That Bill C-12 be amended by adding after line 32 on page 13 the following new clause:

“40.2 (1) As soon as practicable, an environmental health officer shall inform the provincial public health authority in any province concerned if

(a) a conveyance has been diverted under section 35; or

(b) the environmental health officer has ordered anything to be done under subsection 39(1).

(2) The environmental health officer shall disclose to the provincial public health authority the following information regarding the conveyance, to the extent that it is known:

(a) a description of the conveyance and its itinerary;

(b) everything ordered to be done under subsection 39(1) and the reasons why it was ordered to be done;

(d) the name and location of the operator of the conveyance and of any person using it for the business of carrying persons or cargo.

(3) The environmental health officer may disclose confidential business information or personal information obtained under this Act to the provincial public health authority if the officer has reasonable grounds to believe that the disclosure is necessary to prevent the spread of a communicable disease.”

After debate, by unanimous consent, the amendment was allowed to stand.

By unanimous consent, new Clause 40.2 was allowed to stand.

Clauses 41 and 42 carried severally.

On Clause 43,

On motion of Rob Merrifield, it was agreed, — That Bill C-12, in Clause 43, be amended by replacing lines 21 and 22 on page 14 with the following:

“any amount that the owner received or is entitled to receive in respect of it from salvage, insurance or any other source.”

By unanimous consent, Clause 43, as amended, was allowed to stand.

On Clause 44,

On motion of Robert Thibault, it was agreed, — That Bill C-12, in Clause 44, be amended by replacing line 30 on page 14 with the following:

“part or other human remains have or might have a communi-”

Clause 44, as amended, carried.

On Clause 45,

Robert Thibault moved, — That Bill C-12, in Clause 45, be amended by replacing line 2 on page 15 with the following:

“part or other human remains that have or might have a”

After debate, the question was put on the amendment of Robert Thibault and it was agreed to.

Clause 45, as amended, carried.

Clause 46 carried.

On Clause 47,

On motion of Robert Thibault, it was agreed, — That Bill C-12, in Clause 47, be amended by replacing line 14 on page 15 with the following:

“or whether a traveller has or might have a communicable”

By unanimous consent, Clause 47, as amended, was allowed to stand.

On Clause 48,

Robert Thibault moved, — That Bill C-12, in Clause 48, be amended by replacing lines 7 to 11 on page 16 with the following:

“48. (1) A quarantine officer and an environmental health officer may not enter or inspect a dwelling-place without the consent of its occupant except under the authority of a warrant.”

After debate, the question was put on the amendment of Robert Thibault and it was agreed to.

Clause 48, as amended, carried.

By unanimous consent, the Committee reverted to Clause 47 previously stood.

On motion of Robert Thibault, it was agreed, — That Bill C-12, in Clause 47, be amended by replacing line 21 on page 15 with the following:

“(b) enter and inspect”

Robert Thibault moved, — That Bill C-12, in Clause 47, be amended by

(a) replacing line 30 on page 15 with the following:

“(e) except with respect to a traveller, conduct or cause to be conducted any test”

(b) replacing line 33 on page 15 with the following:

“(f) except with respect to a traveller, take any measurement.”

After debate, the question was put on the amendment of Robert Thibault and it was agreed to.

Clause 47, as amended, carried.

Clause 49 carried.

At 1:27 p.m., the Committee adjourned to the call of the Chair.

Carmen DePape
Clerk of the Committee

2004-12-17 10:53 a.m.