Proceedings of the Standing Senate Committee on
Social Affairs, Science and Technology
Issue 16 - Minutes of Proceedings
OTTAWA, Wednesday November 3, 2010
(38)
[English]
The Standing Senate Committee on Social Affairs, Science and Technology met in camera this day at 4:18 p.m., in room 705, Victoria Building, the chair, the Honourable Art Eggleton, P.C., presiding.
Members of the committee present: The Honourable Senators Braley, Callbeck, Cordy, Eaton, Eggleton, P.C., Martin, Merchant, Ogilvie and Seidman (9).
In attendance: Sonya Norris, Analyst, Parliamentary Information and Research Service and Molly Shinhat, Communications Officer, Communications Directorate.
Pursuant to the order of reference adopted by the Senate on Monday, June 28, 2010, the committee continued its study on Canada's pandemic preparedness. (For complete text of the order of reference, see proceedings of the committee, Issue No. 12.)
Pursuant to rule 92 (2)(f), the committee considered a draft report.
At 5:43 p.m., the committee adjourned to the call of the chair.
ATTEST:
OTTAWA, Wednesday November 24, 2010
(39)
[English]
The Standing Senate Committee on Social Affairs, Science and Technology met this day at 4:15 p.m., in room 2, Victoria Building, the deputy Chair, the Honourable Kelvin Kenneth Ogilvie, presiding.
Members of the committee present: The Honourable Senators Callbeck, Champagne, P.C., Cordy, Day, Eaton, Marshall, Martin, Merchant, Ogilvie and Seidman (10).
In attendance: Sonya Norris and Marlisa Tiedemann, Analysts, Parliamentary Information and Research Service and Molly Shinhat, Communications Officer, Communications Directorate.
Also in attendance: The official reporters of the Senate.
Pursuant to the order of reference adopted by the Senate on Thursday, November 18, 2010, the committee began its study of Bill C-36, An Act respecting the safety of consumer products.
APPEARING:
The Honourable Leona Aglukkaq, P.C., M.P., Minister of Health.
WITNESSES:
Health Canada:
Paul Glover, Assistant Deputy Minister, Healthy Environments and Consumer Safety Branch;
Athana Mentzelopoulos, Director General, Consumer Product Safety Directorate;
Diane Labelle, General Counsel, Legal Services;
Robert Ianiro, Director, Consumer Product Safety Bureau.
The chair made a statement.
It was agreed that the committee adjourned at 6:15 p.m.
The Honourable Senator Day moved that the committee hold two more meetings on Bill C-36, so that it may hear from panels of individuals, companies and groups that might be impacted by this legislation.
After debate, the question being put on the motion, it was negatived on the following vote:
YEAS
The Honourable Senators
Callbeck, Cordy, Day — 3
NAYS
The Honourable Senators
Champagne, Eaton, Marshall, Martin, Ogilvie, Seidman — 6
The Honourable Senator Cordy moved that Shawn Buckley be invited to appear before the committee.
After debate, the question being put on the motion, it was negatived on the following vote:
YEAS
The Honourable Senators
Callbeck, Cordy, Day, Merchant — 4
NAYS
The Honourable Senators
Champagne, Eaton, Marshall, Martin, Ogilvie, Seidman — 6
At 4:34 p.m., the committee suspended.
At 4:37 p.m. the committee resumed.
The minister made a statement and, together with Mr. Glover, Ms. Mentzelopoulos, Ms. Labelle and Mr. Ianiro, answered questions.
Mr. Glover made a statement and, together with Ms. Mentzelopoulos, Ms. Labelle and Mr. Ianiro, continued answering questions.
At 6:15 p.m., the committee adjourned to the call of the chair.
ATTEST:
OTTAWA, Thursday November 25, 2010
(40)
[English]
The Standing Senate Committee on Social Affairs, Science and Technology met this day at 10:31 a.m., in room 2, Victoria Building, the deputy Chair, the Honourable Kelvin Kenneth Ogilvie, presiding.
Members of the committee present: The Honourable Senators Brazeau, Callbeck, Champagne, P.C., Cordy, Cowan, Dawson, Day, Eaton, Hubley, Martin, Ogilvie, Seidman and Stewart Olsen (13).
In attendance: Sonya Norris and Danielle Lussier, Analysts, Parliamentary Information and Research Service and Molly Shinhat, Communications Officer, Communications Directorate.
Also in attendance: The official reporters of the Senate.
Pursuant to the order of reference adopted by the Senate on Thursday, November 18, 2010, the committee continued its study of Bill C-36, An Act respecting the safety of consumer products.
WITNESSES:
Office of the Privacy Commissioner of Canada:
Jennifer Stoddart, Privacy Commissioner;
Patricia Kosseim, General Counsel, Legal Services, Policy and Parliamentary Affairs Branch;
Melanie Millar-Chapman, Manager, Strategic Research.
As an individual:
Cyndee Todgham Cherniak, Counsel, Lang Michener LLP.
Safe Kids Canada:
Pamela Fuselli, Executive Director.
Option Consommateurs:
Anu Bose, Ottawa Office Head;
Michael Janigan, Legal Counsel.
Canadian Association of Importers and Exporters:
Carol Osmond, Vice President, Policy.
It was agreed that the first panel of witnesses end no later than 11:15 a.m., that the second panel of witnesses end no later than 12:30 p.m. and that clause-by-clause consideration on Bill C-36 begin no later than 12:30 p.m and that should either panel end earlier that the committee move to the next item on the agenda.
The chair made a statement.
Ms. Stoddart made a statement and, together with Ms. Kosseim and Ms. Millar-Chapman, answered questions.
Ms. Fuselli, Ms. Bose, Ms. Osmond and Ms. Todghan each made a statement and, together with Mr. Janigan, answered questions.
At 12:30 p.m., the committee suspended.
At 12:33 p.m., the committee resumed.
A point of order was raised concerning the committee sitting past its usual end time, and the requirement of permission from the whips to do so.
The chair ruled that the whips' permission was not required.
After debate, it was agreed that the committee proceed to clause-by-clause consideration of Bill C-36, An Act respecting the safety of consumer products.
It was agreed that title stand postponed.
It was agreed that the preamble stand postponed.
It was agreed that clause 1 stand postponed.
It was agreed, on division, that clause 2 carry.
It was agreed, on division, that clause 3 carry.
It was agreed that clause 4 carry.
It was agreed, on division, that clause 5 carry.
It was agreed, on division, that clause 6 carry.
It was agreed, on division, that clause 7 carry.
It was agreed that clause 8 carry.
The chair asked whether clause 9 shall carry.
The Honourable Senator Day moved that Bill C-36 be amended in clause 9, on page 6, by replacing line 17 with the following:
"impression that it is not a''.
The question being put on the motion in amendment, it was negatived on the following vote:
YEAS
The Honourable Senators
Callbeck, Cowan, Day, Hubley — 4
NAYS
The Honourable Senators
Brazeau, Champagne, Eaton, Martin, Ogilvie, Seidman, Stewart Olsen — 7
It was agreed, on division, that clause 9 carry.
It was agreed, on division, that clause 10 carry.
It was agreed, on division, that clause 11 carry.
It was agreed, on division, that clause 12 carry.
It was agreed, on division, that clause 13 carry.
The chair asked whether clause 14 shall carry.
The Honourable Senator Day moved that Bill C-36 be amended in clause 14, on page 8, by replacing line 10 with the following:
"including a serious injury, and that occurred under circumstances that indicate that the product may pose a danger to human health or safety;''.
The question being put on the motion in amendment, it was negatived on the following vote:
YEAS
The Honourable Senators
Callbeck, Cowan, Day, Hubley — 4
NAYS
The Honourable Senators
Brazeau, Champagne, Eaton, Martin, Ogilvie,
Seidman, Stewart Olsen —7
It was agreed, on division, that clause 14 carry.
The chair asked whether clause 15 shall carry.
The Honourable Senator Day moved that Bill C-36 be amended in clause 15, on page 9,
(a) by replacing lines 12 and 13 with the following:
"15. (1) The Minister may disclose personal information related to a consumer product to a person or a government that'', and
(b) by replacing lines 17 to 19 with the following:
"relates if
(a) the disclosure is necessary to identify or address a serious danger to human health or safety; and
(b) the person to whom or government to which the information may be disclosed agrees in writing to maintain the confidentiality of the information and to use it only for the purposes of carrying out those functions.
(2) The Minister shall provide prior notice of the intended disclosure to the individual to whom the personal information relates unless doing so would endanger human health or safety.
(3) If the Minister discloses personal information under subsection (1) without providing prior notice, he or she shall, as soon as practicable but not later than six months after the disclosure, notify the individual to whom the personal information relates.''.
The question being put on the motion in amendment, it was negatived on the following vote:
YEAS
The Honourable Senators
Callbeck, Cowan, Day, Hubley — 4
NAYS
The Honourable Senators
Brazeau, Champagne, Eaton, Martin, Ogilvie,
Seidman, Stewart Olsen — 7
It was agreed, on division, that clause 15 carry.
The chair asked whether clause 16 shall carry.
The Honourable Senator Day moved that Bill C-36 be amended in clause 16, on page 9,
(a) by replacing line 22 with the following:
"16. (1) The Minister may disclose confidential'';
(b) by replacing line 27 with the following:
"relates if the''; and
(c) by adding after line 32 the following:
"(2) The Minister may make a disclosure under subsection (1) only for the purpose of protecting human health or safety or the environment.
(3) The Minister shall provide prior notice of the intended disclosure to the person to whose business or affairs the information relates unless doing so would endanger human health or safety or the environment.
(4) If the Minister discloses confidential business information under subsection (1) without providing prior notice, he or she shall, as soon as practicable but not later than six months after the disclosure, notify the person to whose business or affairs the information relates.''.
The question being put on the motion in amendment, it was negatived on the following vote:
YEAS
The Honourable Senators
Callbeck, Cowan, Day, Hubley — 4
NAYS
The Honourable Senators
Brazeau, Champagne, Eaton, Martin, Ogilvie,
Seidman, Stewart Olsen — 7
It was agreed, on division, that clause 16 carry.
It was agreed, on division, that clause 17 carry.
It was agreed, on division, that clause 18 carry.
It was agreed, on division, that clause 19 carry.
It was agreed, on division, that clause 20 carry.
The chair asked whether clause 21 shall carry.
The Honourable Senator Day moved that Bill C-36 be amended in clause 21, on page 11, by replacing line 20 with the following:
"by means of or in relation to which the inspector believes on reasonable grounds any provision of this Act or the regulations has been contravened, or''
The question being put on the motion in amendment, it was negatived on the following vote:
YEAS
The Honourable Senators
Callbeck, Cowan, Day, Hubley —4
NAYS
The Honourable Senators
Brazeau, Champagne, Eaton, Martin, Ogilvie,
Seidman, Stewart Olsen —7
It was agreed, on division, that clause 21 carry.
The chair asked whether clause 22 shall carry.
The Honourable Senator Day moved that Bill C-36 be amended in clause 22,
(a) on page 12,
(i) by replacing line 20 with the following:
"21(1) is an office or a dwelling-house, an inspector may not'',
(ii) by replacing line 27 with the following:
"person who is named in it to enter an office or a dwelling-'',
(iii) by replacing line 30 with the following:
"(a) the office or dwelling is a place desribed in'',
(iv) by replacing line 32 with the following:
"(b) entry to the office or dwelling-house in necessary'',
(v) by replacing line 35 with the following:
"(c) entry to the office or dwelling-house was refused'', and
(b) on page 13, by adding after line 9 the following:
"(5) In this section, "office'' means a self-contained room or place that is used as a business office, but does not include a room or place in which a consumer product is manufactured, packaged, stored, advertised to the public, sold, labelled, tested or transported.
(6) For the purposes of subsection (5), "sold'' means exposed for sale, lease, or distribution to one or more persons, or in possession for the purposes of sale, lease, or distribution to one or more persons.''.
The question being put on the motion in amendment, it was negatived on the following vote:
YEAS
The Honourable Senators
Callbeck, Cowan, Day, Hubley —4
NAYS
The Honourable Senators
Brazeau, Champagne, Eaton, Martin, Ogilvie,
Seidman, Stewart Olsen —7
It was agreed, on division, that clause 22 carry.
It was agreed, on division, that clause 23 carry.
It was agreed, on division, that clause 24 carry.
It was agreed, on division, that clause 25 carry.
It was agreed, on division, that clause 26 carry.
It was agreed, on division, that clause 27 carry.
It was agreed, on division, that clause 28 carry.
It was agreed, on division, that clause 29 carry.
It was agreed, on division, that clause 30 carry.
The chair asked whether clause 31 shall carry.
The Honourable Senator Day moved that Bill C-36 be amended in clause 31,
(a) on page 14, by replacing line 30 with the following:
"31. (1) Subject to this section, if the Minister believes on reason-''.
(b) on page 15, by adding after line 2 the following:
"(3) Before making an order under subsection (1), the Minister shall issue a notice of opportunity for voluntary recall to the person
(a) stating the nature of the order that the Minister intends to make ad a summary of the reasons for so intending;
(b) requesting that the person undertake a voluntary recall of the consumer product, or voluntarily carry out other measures that, in the opinion of the Minister, would be equally effective in addressing the danger to human health or safety posed by the product, within the specified time; and
(c) specifying the time within which the voluntary recall or other measures must be carried out.
(4) The Minister may not make an order under subsection (1) unless the person refuses the request contained in the notice or fails to carry out the voluntary recall or other measure within the specified time.
(5) Subsection (3) or (4) does not apply if the Minister believes on reasonable grounds that its application in the circumstances would pose an imminent danger to human health or safety.
(6) The Minister need not comply with subsections (3) and (4) if a notice of opportunity for voluntary recall was previously issued to the person in respect of the same or a substantially similar matter.''.
The question being put on the motion in amendment, it was negatived on the following vote:
YEAS
The Honourable Senators
Callbeck, Cowan, Day, Hubley — 4
NAYS
The Honourable Senators
Brazeau, Champagne, Eaton, Martin, Ogilvie,
Seidman, Stewart Olsen — 7
It was agreed, on division, that clause 31 carry.
It was agreed, on division, that clause 32 carry.
It was agreed, on division, that clause 33 carry.
It was agreed, on division, that clause 34 carry.
The chair asked whether clause 35 shall carry.
The Honourable Senator Day moved that Bill C-36 be amended in clause 35, on page 16,
(a) by replacing lines 17 and 18 with the following:
"by a review officer.''; and,
(b) by replacing lines 37 and 38 with the following:
"(5) A review officer may review''.
The question being put on the motion in amendment, it was negatived on the following vote:
YEAS
The Honourable Senators
Callbeck, Cowan, Day, Hubley — 4
NAYS
The Honourable Senators
Brazeau, Champagne, Eaton, Martin, Ogilvie,
Seidman, Stewart Olsen — 7
It was agreed, on division, that clause 35 carry.
It was agreed, on division, that clause 36 carry.
The chair asked whether clause 37 shall carry.
The Honourable Senator Day moved that Bill C-36 be amended in clause 37, on page 18, by replacing line 5 with the following:
"regulations for carrying out the purpose and''
The question being put on the motion in amendment, it was negatived on the following vote:
YEAS
The Honourable Senators
Callbeck, Cowan, Day, Hubley — 4
NAYS
The Honourable Senators
Brazeau, Champagne, Eaton, Martin, Ogilvie,
Seidman, Stewart Olsen — 7
It was agreed, on division, that clause 37 carry.
At 1:25 p.m., the committee adjourned to the call of the chair.
ATTEST:
Jessica Richardson
Clerk of the Committee