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HESA Committee Meeting

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MINUTES OF PROCEEDINGS

Meeting No. 14

Wednesday, December 8, 2004

The Standing Committee on Health met at 3:39 p.m. this day, in Room 209 West Block, the Chair, Bonnie Brown, presiding.

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

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 witnesses answered questions.

On New Clause 33.1,

By unanimous consent, the Committee reverted to the consideration of the amendment of Robert Thibault previously stood which read as follows: 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.”

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

On New Clause 40.2,

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

On New Clause 57.1,

57.1 The disclosure of information under this Act does not contravene any provision of the Personal Information Protection and Electronic Documents Act.”

By unanimous consent, the amendment was withdrawn.

By unanimous consent, the Committee reverted to Clause 20 previously stood.

On motion of Robert Thibault, it was agreed, — That Bill C-12, in Clause 20, be amended by replacing line 27 on page 6 with the following:

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

On motion of Robert Thibault, it was agreed, — That Bill C-12, in Clause 20, be amended by replacing line 29 on page 6 with the following:

“(2) For the purposes of sections 21 to 33.1,”

Clause 20, as amended, carried.

By unanimous consent, the Committee reverted to Clause 21 previously stood.

Robert Thibault moved, — That Bill C-12, in Clause 21, be amended by replacing lines 3 to 7 on page 7 with the following:

“at an entry or departure point if a traveller or baggage that was or may be disinfested under subsection (1) or (2) has been in or at that place and the quarantine officer has reasonable grounds to believe that the place is infested with vectors.”

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

Clause 21, as amended, carried.

By unanimous consent, the Committee reverted to Clause 22 previously stood.

On motion of Robert Thibault, it was agreed, — That Bill C-12, in Clause 22, be amended by

(a) replacing line 9 on page 7 with the following:

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

(b) replacing line 12 on page 7 with the following:

“to a person who has or might have a communicable disease or”

Rob Merrifield proposed to move, — That Bill C-12, in Clause 22, be amended by replacing line 16 on page 7 with the following:

“ducted at the Minister's expense by one or more medical practitioners and undertaken”

The Chair ruled the amendment inadmissible because it infringes on the financial initiative of the Crown, as provided on Page 655 of House of Commons Procedure and Practice.

On motion of Robert Thibault, it was agreed, — That Bill C-12, in Clause 22, be amended by replacing line 17 on page 7 with the following:

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

Clause 22, as amended, carried.

By unanimous consent, the Committee reverted to Clause 23 previously stood.

On motion of Rob Merrifield, it was agreed, — That Bill C-12, in Clause 23, be amended by replacing line 21 on page 7 with the following:

“tion conducted under subsection 22(1). The quarantine officer shall inform the traveller of this fact.”

Rob Merrifield moved, — That Bill C-12, in Clause 23, be amended by replacing line 22 on page 7 with the following:

“(2) The quarantine officer shall accept the”

After debate, the question was put on the amendment of Rob Merrifield and it was agreed to.

Clause 23, as amended, carried.

By unanimous consent, the Committee reverted to Clause 24 previously stood.

On motion of Robert Thibault, it was agreed, — That Bill C-12, in Clause 24, be amended by replacing lines 29 to 32 on page 7 with the following:

“24. The Minister shall, if reasonably possible, provide a traveller with an interpreter if”

Clause 24, as amended, carried.

By unanimous consent, the Committee reverted to Clause 25 previously stood.

On motion of Robert Thibault, it was agreed, — That Bill C-12, in Clause 25, be amended by

(a) replacing line 39 on page 7 with the following:

“the traveller has or might have a communicable disease, or has”

(b) replacing line 41 on page 7 with the following:

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

Clause 25, as amended, carried.

By unanimous consent, the Committee reverted to Clause 26 previously stood.

On motion of Robert Thibault, it was agreed, — That Bill C-12, in Clause 26, be amended by

(a) replacing line 11 on page 8 with the following:

“grounds to believe that the traveller has or might have a”

(b) replacing line 14 on page 8 with the following:

“to a person who has or might have a communicable disease or”

Clause 26, as amended, carried.

By unanimous consent, the Committee reverted to Clause 27 previously stood.

Clause 27 carried.

By unanimous consent, the Committee reverted to Clause 28 previously stood.

On motion of Robert Thibault, it was agreed, — That Bill C-12, in Clause 28, be amended by

(a) replacing line 39 on page 8 with the following:

“(i) has or might have a communicable disease or is”

(b) replacing line 41 on page 8 with the following:

“in close proximity to a person who has or might have a”

James Lunney proposed to move, - That Bill C-12, in Clause 28, be amended by adding after line 7 on page 9 the following:

“(3) The Minister shall, in accordance with the regulations, compensate any traveller detained under subsection (1) in an amount equivalent to an average Canadian worker's daily wage for each day that the person is detained.”

The Chair ruled the proposed amendment inadmissible because it infringes on the financial initiative of the Crown, as provided on Page 655 of House of Commons Procedure and Practice.

Clause 28, as amended, carried.

By unanimous consent, the Committee reverted to Clause 29 previously stood.

On motion of Robert Thibault, it was agreed, — That Bill C-12, in Clause 29, be amended by

(a) replacing line 22 on page 9 with the following:

“sary if the officer has reasonable grounds to believe that the”

(b) replacing line 40 on page 9 with the following:

“officer has reasonable grounds to believe that the traveller does”

Clause 29, as amended, carried.

Clause 30 carried.

By unanimous consent, the Committee reverted to Clause 31 previously stood.

On motion of Rob Merrifield, it was agreed, — That Bill C-12, in Clause 31, be amended by replacing line 42 on page 10 with the following:

“necessary or prudent to prevent the spread of a commu-”

Clause 31, as amended, carried.

By unanimous consent, the Committee reverted to Clause 32 previously stood.

On motion of Réal Ménard, it was agreed, — That Bill C-12, in Clause 32, be amended by replacing line 1 on page 11 with the following:

“(a) the quarantine officer has reasonable grounds to believe”

On motion of Réal Ménard, it was agreed, — That Bill C-12, in Clause 32, be amended by replacing line 8 on page 11 with the following:

“(d) the quarantine officer has reasonable grounds to believe”

Clause 32, as amended, carried.

By unanimous consent, the Committee reverted to Clause 33 previously stood.

Clause 33 carried.

On New Clause 62.1,

Rob Merrifield moved, — That Bill C-12 be amended by adding after line 7 on page 22 the following new clause:

“62.1 (1) Before a regulation is made under section 62, the Minister shall lay the proposed regulation before the House of Commons.

(2) A proposed regulation that is laid before the House of Commons shall be referred to the Standing Committee on Health or, in the event that there is not a Standing Committee on Health, the appropriate committee of the House, and it may review the proposed regulation and report its findings to the House.

(3) The Governor in Council may make a regulation under section 62 only if

(a) the House of Commons has not concurred in any report from a committee respecting the proposed regulation before the end of 30 sitting days or 160 calendar days, whichever is earlier, after the day on which the proposed regulation was laid before the House, in which case the regulation may only be made in the form laid; or

(b) the House of Commons has concurred in a report from a committee approving the proposed regulation or an amended version of it, in which case the Governor in Council may only make the regulation in the form concurred in.

(4) For the purpose of this section, “sitting day” means a day on which the House of Commons sits.”

After debate, the question was put on the amendment of Rob Merrifield and it was agreed to.

On motion of Rob Merrifield, it was agreed, — That Bill C-12 be amended by adding after line 7 on page 22 the following new clause:

“62.2 (1) A regulation may be made without being laid before the House of Commons if the Minister is of the opinion that

(a) the changes made by the regulation to an existing regulation are so immaterial or insubstantial that section 62.1 should not apply in the circumstances; or

(b) the regulation must be made immediately in order to protect the health or safeguard the safety of the public.

(2) If a regulation is made without being laid before the House of Commons, the Minister shall lay before that House a statement of the reasons why it was not.”

By unanimous consent, the Committee reverted to Clause 2 previously stood.

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

“relevant medical history and the travel history of a traveller and a”

On motion of Robert Thibault, it was agreed, — That Bill C-12, in Clause 2, be amended by adding after line 7 on page 2 the following:

“medical examination” includes ascertaining the relevant medical history and the travel history of the person being examined, the conduct of a physical examination and any laboratory tests or radiographic or diagnostic tests that are required to make a determination of whether the person might have a communicable disease.”

On motion of Robert Thibault, it was agreed, -- That Bill C-12, in Clause 2, be amended by adding after line 19 on page 2 the following:

“quarantine facility” means any place that is used for the detention of a traveller.

“quarantine station” means any place that is used for the administration and enforcement of this Act.”

Clause 2, as amended, carried.

Schedule 1 carried.

The Short Title carried.

ORDERED, — That the Chair report the Bill, as amended, to the House.

The Title carried.

The Bill, as amended, carried.

ORDERED, — That Bill C-12, as amended, be reprinted for the use of the House at report stage.

At 4:49 p.m., the Committee adjourned to the call of the Chair.

Carmen DePape
Clerk of the Committee

2004-12-17 10:34 a.m.