This bill was last introduced in the 37th Parliament, 3rd Session, which ended in May 2004.
Lucienne Robillard Liberal
This bill has received Royal Assent and is now law.
All sorts of information on this bill is available at LEGISinfo, an excellent resource from the Library of Parliament. You can also read the full text of the bill.
Jacques Saada Liberal Brossard—La Prairie, QC
Charles Caccia Liberal Davenport, ON
Mr. Speaker, in putting forward some thoughts on the discussion of Bill C-9, I would also like to put on the record an observation made yesterday in this chamber by the Minister for International Cooperation, because it seems to me that she made a very important point which ought to be repeated.
She said that the legislation before us in this chamber, namely Bill C-9, otherwise known as the Jean Chrétien pledge to Africa, is one that recognizes, on Canada's part, a “moral imperative”, that is, the imperative that we have to make available those medical treatments that are required, and in African countries in particular, to the millions of people who are suffering from these pandemics, in particular, of course, the pandemic of HIV-AIDS.
That point was elaborated on further by the Minister for International Cooperation with regard to voluntary licensing, when she said that “the amendments eliminate the requirement that patent holders be given the right of first refusal”. That was of course an amendment of considerable significance and importance during the deliberation at second reading.
In the discussion before question period, the member for Palliser made reference to Stephen Lewis, and quite rightly so, because this Canadian at the United Nations has been actively engaged in advancing the cause of helping African countries and the population there with respect to HIV-AIDS on that continent.
Mr. Stephen Lewis made a statement a few days ago which I would like to put on the record because it gives further background as to why we are engaged with this legislation and why we have developed such a unique parliamentary cohesion and unanimity behind it.
On April 6 of this year, in New York, Stephen Lewis, the United Nations special envoy on this matter, made the following statement:
I wish to join today with the legions of activists and advocates in Africa and worldwide who salute the quite remarkable collaboration on the provision of anti-retroviral drugs, jointly announced by The Clinton Foundation, The World Bank, UNICEF and the Global Fund. This initiative...could well spell the turnaround of the...pandemic in Africa.
Simply put, the Clinton Foundation will negotiate the drug prices, UNICEF will employ its procurement capacity, and the Global Fund and World Bank will provide the funding. There will be protocols and administrative requirements, of course, but nothing should now stand in the way of rolling out treatment to hundreds of thousands--soon to be millions--in the immediate future.
The best dimension of all of this is the price tag to be paid. We're talking of fixed-dose combinations of generic drugs, pre-qualified by the World Health Organization, to be purchased overwhelmingly from generic companies...at prices as low as $140 per person per year. It falls entirely within the World Trade Organization consensus agreement negotiated on August 30th, 2003. And it puts to rest the self-defeating jousting between generics and brand name pharmaceuticals. Clearly, when you have the power, the imprimatur and the dollars of the Clinton Foundation, World Bank, UNICEF and Global Fund weighing in behind generics, the debate is over. These four bodies make it clear in their statement that brand name companies are free--indeed, invited--to tender, and to meet the low prices. But it's equally clear that huge numbers of African lives will be prolonged and saved by generics...generic drugs at one-third to one-half the cost of the patent drugs. Just think of how much further the money will go.
Mr. Lewis concluded by saying:
This is all tremendously exciting, and it will be made even more so if WHO finally receives the seed money it needs--$200 million over two years--to help to coordinate the interventions at country level, to train the tens of thousands of additional people, to provide the emergency technical assistance, to keep the drug supplies flowing and to address the ongoing problems of infrastructure. In a phrase: to achieve 3 by 5.
Namely, that would be putting three million people into treatment by the end of 2005.
It seemed to me quite appropriate to put this statement by Stephen Lewis at the United Nations within the larger context of the Jean Chrétien pledge to Africa, namely Bill C-9, because it fits perfectly in it and it also gives us a broader picture as to why we are all engaged in this global effort, which is really bringing out the best in humanity and definitely appeals to the basic and most positive constructive sentiments that inspire the global community in every country.
I would like to congratulate the government for having persisted in bringing the bill to a happy conclusion despite all the technical difficulties. We look forward to third reading approval and to the speedy processing of it by the Senate so that it can be promulgated at a very early date.
Business of the HouseOral Question Period
April 29th, 2004 / 3:05 p.m.
See
context
Brossard—La Prairie Québec
Liberal
Jacques Saada LiberalLeader of the Government in the House of Commons and Minister responsible for Democratic Reform
Mr. Speaker, it is a great pleasure for me to reassure my colleague and Canadians that we are working on a number of bills.
We will proceed this afternoon with third reading of Bill C-9, an act to amend the Patent Act and the Food and Drugs Act (The Jean Chrétien Pledge to Africa). This bill, which we introduced and which is now at third reading, makes it possible for us to send pharmaceutical products to help countries in Africa.
This will be followed by third reading stage of Bill C-12, an act to amend the Criminal Code (protection of children and other vulnerable persons) and the Canada Evidence Act.
Then we will move on to report stage of Bill C-23, an act to provide for real property taxation powers of first nations, to create a First Nations Tax Commission, First Nations Financial Management Board, First Nations Finance Authority and First Nations Statistical Institute and to make consequential amendments to other Acts.
This will be followed by the debates on the motions for referral to committee before second reading of Bill C-29 and Bill C-32. I would like to point out that it is as part of our democratic reform that we are now regularly referring bills to committees before second reading, to allow them to review the legislation.
Therefore, before second reading, we will refer Bill C-29, an act to amend the Criminal Code (mental disorder) and to make consequential amendments to other Acts, and Bill C-32, an act to amend the Criminal Code (drugs and impaired driving) and to make related and consequential amendments to other Acts. We know that Canadians really want us to deal with the issue of impaired driving.
Of course, we will deal with third reading of Bill C-10, an act to amend the Contraventions Act and the Controlled Drugs and Substances Act.
This is for today. We may not have time to finish everything, because there is a lot to do. In any case, tomorrow we will deal with report stage and, if possible, with third reading of Bill C-30, an act to implement certain provisions of the budget tabled in Parliament on March 23, 2004.
Then, we will undertake our review of Bill C-28, an act to amend the Canada National Parks Act.
Of course, next week we will continue with any unfinished business.
Incidentally, Thursday of next week, May 6, will be an allotted day. I would suggest that hon. members get a good rest, because there is still a lot of work to do.
Charles Caccia Liberal Davenport, ON
Mr. Speaker, first of all, I would like to thank the House for giving me this opportunity today to speak to Bill C-9.
The purpose of this bill is quite clear and simple; the bill amends the Patent Act to facilitate access to pharmaceutical products to address public health problems afflicting many developing and least-developed countries, especially those resulting from HIV/AIDS, tuberculosis, malaria and other epidemics.
I would like also to indicate that it would be quite appropriate in this discussion to congratulate the member for Algoma—Manitoulin, the chair of the industry committee, for the outstanding work that he has performed in getting this bill through. There were, I am told, over 200 amendments and they were dealt with very thoroughly through hard work and extended hearings. Finally, the bill was reported back to the House for third reading yesterday. It recognizes the dedication of the chair and the members of the committee to this cause. It is only appropriate that we should recognize this because the working committee is seldom publicized and brought to the attention of constituents.
Next, it is desirable to indicate that while the title of the bill reads in a rather cut and dry manner, an amendment to the Patent Act and Food and Drugs Act, which would be very obscure unless it was explained at large, it also carries a subtitle to which other speakers in this debate have already made reference. The subtitle, which is in brackets, and I am very glad to see it, reads “The Jean Chrétien Pledge to Africa”.
I find this most appropriate and desirable considering the tremendous effort that the former prime minister made in advancing the cause at international fora, particularly at the G-8 meetings, to the dramatic and tragic situation of the African continent. He did that on a number of occasions, particularly in Kananaskis in 2002, when the NEPAD policy was launched with the support of the G-7. Africa was put on the political map of those gathered at Kananaskis with complete support, by way of funding, by all the leaders who met on that occasion.
It seems to me, and I take into full account the comments just made by my colleague from the NDP, that perhaps there are many who have advanced the cause of dealing with pandemics in Africa. It is most appropriate that the leadership of the former prime minister be recognized and given appropriate exposure in this legislation and hopefully also beyond Canada's boundaries.
The purpose of the legislation is of course much larger than just the scope of the bill. The legislation intends to be part of a larger government effort intended to provide aid and medicinal assistance to countries in need. It is my understanding that Canada has already committed $100 million to the global fund to fight HIV and AIDS, and in addition to that some $62 million to the Canadian fund for Africa.
Therefore, we can see that the legislation is coming in as a reinforcing element within the framework of a broader policy effort, and it is most appropriate and timely. It is also a demonstration that the global community is taking on a responsibility for a problem that is hundreds of miles away, but nevertheless touches us all because we are all members of a human community that ties us together.
The situation in Africa is desperate. It is important to put on the record some data. It is a fact that there are some 36 million people apparently who are affected by AIDS at the present time. Two-thirds of these 36 million souls live in five countries: Ethiopia, India, Kenya, Nigeria and South Africa. In five other African countries, namely, Botswana, Lesotho, Swaziland, Zambia and Zimbabwe, one adult out of five who registers positively on tests for AIDS or has already incurred into the AIDS pandemic. This data is from the World Health Organization.
As a result, the average life expectancy in many African countries has been reduced by 23 years. When we are witnessing a trend in the opposite direction, namely longer and longer life expectancies, we have a continent where the life expectancy is going down and being reduced as a result of this pandemic. There are other countries which seem not to be completely exempt from this terrible disease. Reference has been made to the Bahamas, Cambodia, the Dominican Republic, Guyana and to Haiti where it is expected that the average life expectancy is to be reduced by at least three years.
These statistics necessarily are cut and dry, but they hide another very important social reality. That is that as a result of the deaths within a population, there is a dramatic decrease in the number of teachers in the schools, workers in agriculture and in industry, clerical workers, people in the health care sectors, in hospitals, et cetera. Therefore, the fragile and limited structures in these countries are affected by this disease. In other words, there is an impact on numbers and social structures in the countries I mentioned earlier. These are poor countries which lack the resources to remedy the situation, in particular to provide, acquire and purchase the medicines and drugs necessary to stop the spread of this pandemic.
Therefore, we have these initiatives by Canada and other like-minded countries in trying to come to grips with getting to the root of the problem and to prevent the spread of this disease. In this respect we are all very proud of the fact that Canada is in the forefront of this initiative. This is why this bill is so important, why it has received the support of every party and why there is an element of urgency attached to the bill itself.
I would like to continue in my presentation by adding some words on the intervention yesterday by the Minister for International Cooperation. However, since you wish me to recognize the clock, Mr. Speaker, I will yield the floor and perhaps resume my comments after three o'clock.
Dick Proctor NDP Palliser, SK
Mr. Speaker, I am pleased to speak to Bill C-9, the humanitarian bill. It is certainly important for all caucuses to support the legislation because the need for access to medicines has been recognized internationally. It is important that Canada participates and sets an example for the world, although it does remain to be seen whether we will have set a good example. I will have more on that later.
Every day a countless number of people die in the developing world of diseases for which there are cures, diseases such as tuberculosis, malaria and pneumonia, simply because of a lack of access to medicines most often due to the high cost of pharmaceutical products.
Although there is yet no cure for the HIV-AIDS pandemic, there are drugs to ameliorate it. In Africa alone, every day 6,000 people die of AIDS, while 11,000 more contract the disease.
I think we would all agree that Stephen Lewis, the Canadian special envoy on this at the United Nations, has done more not only in Canada but around the world to raise this issue and to force us to realize it than any other human being alive.
On health, education and security, any initiative to improve in these areas will have many different components, and this bill seeks to address one of those core components, namely the access to medicines.
Improved health is linked to increased school attendance for children and their ability to do well while at school. As we all know, education is a lifelong process and has a lifelong impact on an individual's well-being and economic productivity.
We have heard lots of talk about security in recent days. In fact, the Prime Minister is talking about that very subject this afternoon in Washington. I firmly believe one of the most important ways that we can make our world more secure is through improving the health of the people in that world because it leads them to participate more fully in the social, economic and cultural events and aspects of their countries and their home communities.
Many studies show the devastating economic impact of infectious diseases such as malaria and the AIDS pandemic. The World Health Organization's recent commission on macroeconomics and health stated:
The evidence confirms that countries with the weakest conditions of health and education have a much harder time achieving sustained growth than do countries with better conditions of health and education.
There is no surprise there.
On the international process over the past several years, the background to this legislation is that when it is passed, Bill C-9 will be among the first pieces of legislation of its kind in the world, the end product of several years of negotiations on the international stage. It goes back to November 2001 at the WTO Doha round on intellectual property rights. The declaration affirmed that countries have the right to protect public health and improve access to affordable medicines, including through compulsory licensing of pharmaceutical products.
This international acknowledgement was incredibly important because, although many countries officially recognized the need for a better balance between intellectual property rights and human rights, the need for a north-south sharing of technologies and knowledge, the reality of intellectual property rights made the practicalities of that sharing difficult, which meant that little of substance was actually being done.
The WTO agreement last August is the practical solution to the principles agreed to at Doha and was historic in that it gave World Trade Organization members the right to export to developing countries those generic medicines still under patent without fear of trade retaliation and it acknowledged the importance and urgency of so doing.
On the competition aspects of the bill, because of intellectual property rights, patent holder or innovator companies have monopolies on their drug products in this country for a period of 20 years, which the health critic for the Bloc Québécois was explaining very well a few moments ago. That 20 year patent protection rule varies from country to country around the world.
In developing new drug products there is often many years of research and development and patent holders obviously must recoup their costs and these costs, particularly for new experimental drugs such as those used in HIV-AIDS, are often far too high for developing countries and NGOs delivering health services in those developing countries to meet the need and demand for the products.
As a result, many patent holders have entered into agreements with countries and specific programs to provide their drugs at lower prices or at no cost at all but those efforts have been insufficient to meet the demand.
Increasing competition, by allowing generic producers to enter the market earlier, is seen as crucial to ensuring that those needing treatment have access to those medicines as required. Increasing competition increases supply and decreases prices, and both of these are needed for developing countries in order for them to be able to meet the urgent health care needs of their people.
On the international obligation front, Canada has many international obligations in this area, including having recognized since 1945 the right to health as a fundamental right, the UN's special session on HIV-AIDS to make, in an urgent manner, every effort to increase the standard of treatment for people suffering from HIV-AIDS, including the prevention and treatment of opportunistic infections.
It is important to ensure that as parliamentarians we fully respect and reflect Canada's obligations to taking this important step toward the full realization of the human right to health, including the promotion of access to affordable medicines for all.
My colleague, the member for Windsor West, who has worked very hard and tirelessly on this legislation, presented both at committee and here at report stage several other pharmaceutical products that can be of use to developing countries. An amendment was made to include an important fixed dose drug for the treatment of tuberculosis and that was passed at report stage and, I am happy to say, is included in the bill.
Unfortunately, two other drug products that he had proposed were rejected at report stage. One of them is on the World Health Organization's pre-qualified list of drugs for HIV-AIDS and the other is currently indicated for pneumonia, which is the leading killer of children in the developing world under the age of five. This drug is also being studied for possible anti-tuberculosis use.
I sincerely hope that the Minister of Health and the Minister of Industry will together move quickly to receive advice on those two products and include them on a future schedule of drugs.
We first saw Bill C-9 as Bill C-56, which was introduced last November but died on the Order Paper when the House of Commons prorogued on December 12. It was reintroduced in its initial form on February 12 but the government proposed many changes following that.
Testimony was given at committee from a variety of groups, and while all witnesses appearing made it clear that they were supportive of the initiative, many problems with the bill that were identified by those expert witnesses. They included the first right of refusal, which would have allowed the patent holder, the pharmaceutical companies, to scoop a contract negotiated by a potential generic producer. This would drive up the cost of the eventual drug.
With regard to the schedule, testimony on this aspect was clear. It was felt that there should be no schedule of drugs. It was felt by the overwhelming majority of witnesses that this would be flawed at the outset and that having a schedule, regardless of how flexible it may be intended to be, would add another unnecessary step in the process of getting drugs to the developing world. The reason for that is that if the drug is not listed on the schedule there would have to be a process to first, get it on the schedule, and then get it to where it was needed.
Respected organizations, such as Doctors Without Borders, testified that the language did not allow for the participation of non-governmental organizations. It was felt that the wording would not allow them to participate because NGOs do not consider themselves as agents of any government and they play a crucial role in many developing countries in providing health care services, including access to medicines.
Many witnesses also presented testimony about the need to expand the schedules of eligible countries. In its original form only WTO member developing countries and least developed countries were eligible, while many witnesses testified that there was no requirement by international trade rules to exclude those several dozen other developing countries, such as Vietnam, Iran and Iraq, countries which also face substantial health issues that we see regularly on our television sets and that could be better addressed if they had access to medicines at affordable cost.
I want to turn now to the major problems that we see in the bill. Over 100 amendments that were submitted by my colleague, the member for Windsor West would have done several things, including eliminating the first right of refusal, extending the list of eligible countries and drug products and, lastly, clarifying the language around the participation of non-government organizations.
After the committee hearings, the government took more than a month to present its amendments to the bill. It made substantial amendments, including eliminating the first right of refusal, allowing for other developing countries to apply through diplomatic channels to be eligible to participate and to allow NGOs to participate. Although some of these changes presented further additional problems that may affect the workability of the bill, myself, the member for Windsor West and my colleagues in the New Democratic Party caucus are supportive of the majority of those proposed amendments.
We did raise at committee the new concerns around the increased opportunities for legal battles between patent and generic drug companies that could seriously impact how this bill will actually work in reality, the unnecessary requirement that developing countries wishing to be added to the list of eligible countries are required to be added specifically with reference to a particular drug product and it is unclear what process has to be followed after that.
My colleague from Windsor West was pleased to have the support of the committee and wanted it recognized on several amendments, including those to ensure that humanitarian concerns be considered the first determination if the Federal Court is required under the appropriate section as to whether a royalty rate has been established according to the formula that will be prescribed in the regulations.
The section on page 12 of the bill now reads:
The Federal Court may make an order...taking into account
(a) the humanitarian and non-commercial reasons underlying the issuance of the authorization;
(b) the economic value of the use of the invention or inventions to the country or WTO Member
We can see the importance of reversing those two clauses.
Another amendment ensures that there is a minimum of a 30 day waiting period that a potential generic producer must observe to apply for a voluntary licence from the patent holder before applying to the Commissioner of Patents for a compulsory licence.
The third amendment was a language change to ensure that the minister be required to establish an advisory committee to advise on the inclusion of further drug products in schedule 1.
There are some continuing problems that have been identified and the first that remains is on the scheduling. As the House has heard before, there is a consensus that the presence of a schedule at all provides further inflexibility in ensuring that countries have access to the drugs that they require.
A list by its nature is exclusionary because it does not include all possibilities and the negotiations that led to the historic WTO waiver last August examined and rejected the idea of creating a list.
Under Bill C-9, if a country wants a drug that is already approved for use and sale here in Canada, it will have to start a process to get that drug included before a generic producer could apply for a voluntary or compulsory licence to supply the country with that medication.
We presented at committee and in the House amendments to improve the schedule, and we will continue to monitor the impact of the existence of the schedule on the workability of the bill.
The second major problem that remains, in our opinion, is that NGOs in countries where they are legally entitled to purchase and distribute pharmaceutical products to contract directly with generic suppliers in Canada. Again, NGOs play a crucial role in many developing countries in their broader health care programs, including purchasing and distributing of essential medicines, and this barrier is a major cause of concern around the workability of this bill.
The third major problem stems from those amendments the government proposed at committee stage to replace the first right of refusal. The new legislation, as amended, now includes opportunities for patent holders to take generic products to the federal court about the royalty rate and the price of the product. Over the past decade there have been at least 300 cases brought against generic producers in federal court and court battles can be lengthy and costly, as we all know. Given that the price generic producers can charge is now to be regulated by a fixed and flexible cap, there is concern that they may not be able to participate to increase supply on the variety of products that might have been possible without these new sections and without the first right of refusal clauses. Generic producers will have significant outlay of cost to increase their own research and development and operational costs to get into this business of increasing supply, and with the price cap there may be a serious disincentive for generic producers to participate.
Problems, as I have tried to indicate, do remain with the bill, but it is in the best interests of the people who the bill is intended to assist for us to give the regime a try and to pass the legislation quickly.
Canada has made numerous international commitments, which I and my colleagues in the New Democratic Party caucus support, to help address the pandemic of HIV-AIDS and other diseases like tuberculosis and malaria. While we continue to be critical of some government action, or better said, inaction, in some of these areas, if Bill C-9 actually works to increase pharmaceutical products through competition, then it will be an important tool and broader strategies to improve health in countries across the world.
We have gone through the process of hearing expert witnesses, amending legislation and exchanging ideas on how we think the bill should work. However there was a definite mindset and will be in all parties, including my own, to ensure that we deal with the bill as quickly as possible to ensure that we at least try to get cheaper pharmaceutical drugs on the market.
We in the NDP will continue to watch and monitor how the bill works and whether it provides enough incentive for generic producers to actually get into the business of producing cheaper versions of drugs for export to developing countries, the role and efficacy of the advisory committee and the schedule of drugs.
Just before I take my seat, I was interested to hear that this bill has been named the Jean Chrétien bill. While I do not wish to take anything away from the former prime minister and I know his interest in Africa, there will be very few Canadians who will think that this should be related to Jean Chrétien. It should be known as the Stephen Lewis bill. It was Stephen Lewis who brought this to the attention of Canadians and, indeed, people around the world and it is important that it be recognized at this time.
Réal Ménard Bloc Hochelaga—Maisonneuve, QC
Mr. Speaker, it is a great pleasure for me to take part in this debate on Bill C-9. As I was saying yesterday, I do so with the belief that, to some extent, we are contributing not only to the north-south dialogue, but we are clearly making history, since this bill was passed unanimously and therefore received extremely strong and continuous support from all parties.
As members know, all the parties committed to working together to ensure speedy passage of the bill, in hopes that the other place will do likewise. However, we know this is another matter entirely.
Bill C-9 addresses the important issue of the contribution of companies manufacturing pharmaceutical products. My caucus colleagues know that, for about ten years now, I have taken an interest in the actions of drug companies, both the generic products industry and the innovative drug industry. I am extremely proud to say that I do not think I have ever been too critical, as the member for Verchères—Les-Patriotes knows.
Today, I would be remiss if I did not pay tribute to the innovative drug industry, which has assumed its responsibilities. Let us take a closer look at this issue.
In 1989, the Conservatives, under Brian Mulroney, ended the compulsory licensing program. In other words, it was possible, before Bill C-22, which became Bill C-91 under the Conservatives, to obtain a licence from a company with a monopoly. This licence was granted to a generic drug company, which had to pay royalties to be able to produce and reproduce the drug.
We must not forget that, back then, the term of a patent was ten years. What is a patent? I think that the President of the Privy Council has doubtless thought about this. A patent is important because it is a social contract. The President of the Privy Council will agree with me that it is a social contract by which society gives exclusive right to the protection and production of an invention or pharmaceutical product.
Furthermore, 18 months after the patent is filed, a full description of the invention is made public. There are, however, three criteria that must also be met. There are three criteria for patentability, at least in Canada.
First, the invention must be new. A search is conducted worldwide, not just in North America. The Commissioner of Patents conducts an international search to ensure that it is a new invention.
Second, the invention must show ingenuity.
Third, the invention should be useful.
If these three conditions are met, a patent is granted, and it provides trade exclusivity and complete protection. Copying the invention or chemical process is against the law, and there can be counterfeit charges. This is an extremely strict system.
In matters of copyright, we have case law and judicial mechanisms, since extremely important trade issues underlie the whole concept of copyright.
In 1989, the Conservatives did away with compulsory licensing. From then on, Canada was in line with what was being done in other countries. That was very important for Montreal, since the biotechnology industry is concentrated there. The Conservatives set the patent protection at 20 years, once the patent has been granted by the commissioner and the three conditions—new, useful and not obvious—have been met. Patent protection is then provided.
However, when Bills C-22 and C-91 were enacted, they also had provisions forbidding the export of drugs. It was illegal to export drugs, and sanctions could be imposed.
Since 1989, another factor has been added, and this is intellectual property rights. Governments signed what has been called the TRIPS agreement.
Moreover, two years ago a bill was passed to harmonize all Canadian patents. Some were still in the 10-year system, others 20. There was a challenge by the U.S. under the TRIPS agreement, and the mandatory arbitration went against Canada.
A noteworthy point about the WTO is that the relative clout of the countries has no importance. There are dispute settlement mechanisms in place that allow a country like Costa Rica to win out over the United States. Canada lost and so it has to harmonize all of its patents to the 20-year period.
Today we have a bill before us that will make it possible to export drugs, but not to export them just anywhere, just to designated importing countries listed in the schedule to the bill. Basically, these are the developing countries.
The list was incomplete in the first version of the bill, and the Minister of Industry has revised it. To all intents and purposes, the countries able to import drugs fall into the category classified as developing countries.
How will this be possible? Countries wishing to obtain drugs issue a call for tenders on a web site, so the competition is international, of course. Canadian companies will be competing with others in the U.S. and Europe.
When a company wants to compete in order to supply drugs to a third world country, there are two things in the bill that govern this. First, generic companies will be able to obtain the contract. Initially the bill contained what was termed the right of first refusal. This meant that companies holding a patent could, even if the contract had been negotiated by the generic companies, be the first supplier because they were the patent holders.
All of the international cooperative bodies criticized this bill, from Development and Peace to Doctors without Borders. All those involved in delivering humanitarian aid said that this was impossible, that if this right of first refusal were maintained there would be a dissuasive effect on the generic companies which might want to negotiate contracts.
At least in this one instance, though far from a regular occurrence, the government did heed the stakeholders in committee, and the right of first refusal was done away with.
The supply of drugs is not a trivial issue. Just think that, every year, 10 million children die from diseases relating to malnutrition which could have been avoided. Every year, one million people, most of them children under the age of five, die of malaria. Every day, over 8,000 people in the world die of AIDS. We know that the HIV-AIDS epidemic is concentrated in certain parts of the world, particularly in African countries.
Why are these figures important? Because, for each of the diseases that I mentioned, there is a drug available. However, if this drug is not accessible at a lower cost to countries that are facing these epidemics, we will not be able to fight these epidemics.
Even if Canada, through cooperation agencies such as CIDA, allocated $100 million per year for the development of third world countries, if the nationals of these countries are not themselves active, productive and healthy citizens who can make a commitment to help build and improve their country and their economy, these developing countries have a major problem on their hands.
We need legislation that will allow third world countries to have access to drugs at a lower cost. The way drugs are being produced—and that includes the factory price and the distribution to retailers—it is clear that the system is not competitive.
Of course, in Canada, the Patented Medicine Prices Review Board was established when the Conservatives passed Bill C-91. The board is a quasi-judicial tribunal. Let me give an example. When Merck Frosst produces a drug, the Patented Medicine Prices Review Board monitors the situation to ensure that, once the drug leaves the factory and is distributed to wholesalers and retailers, the price charged is not prohibitive or exorbitant. We have a price index to determine if prices are excessive. If they are, the Patented Medicine Prices Review Board may ask the company to refund the overcharged amount. Such a measure has been taken in a number of cases.
When it comes to exporting drugs from Canada, the Patented Medicine Prices Review Board has no jurisdiction. It was up to the international community to amend agreements on intellectual property rights and trade in order to make these drugs accessible at a better price, a cheaper price. This raised a number of issues.
I think that everyone in this House understands how this works. A voluntary licence is issued by the patent holder. If the latter refuses to issue the licence, the patent commissioner may issue an order. The agreement amended in August 2003 does not require the patent holder to transfer their drug.
A royalty of roughly 2% of the commercial value of the product has to be paid out. This is not a donation. Companies that hold the patents will receive royalties for the person or company that obtained this voluntary licence. If there is disagreement on the royalty or the terms of the licence transfer—which initially has to be voluntary—the patent commissioner can be asked to rule and the licence, which was to be voluntary, will become mandatory.
Concerns were raised during the work at committee on how NGOs fit into this. For example, there is Doctors Without Borders, and Development and Peace, which are Canadian NGOs working in third world countries. Some NGOs, if not all, would have liked to be able to negotiate directly with the manufacturer. Obviously, thought needed to be given to this. There was a risk of interfering in national sovereignty.
Governments are subject to international law. In major international conventions, government means something. One of the first conventions provided a definition of sovereignty. That word simply rolls off my tongue. Sovereignty was defined in 1934 at Montevideo. It was said that a government has five characteristics: a functioning government; a permanent population, of course; control over a territory, which is increasingly being described as a defined territory; the capacity to recognize citizenship; and, of course, international relations.
Once a government or administration is in office, it is responsible for the delivery of health care. I understand the industry minister has amended the bill to ensure not that NGOs can directly negotiate with the manufacturers but that they can be involved in the negotiations since they have the ultimate responsibility for service delivery. That is one of the responsibilities governments have.
Parliamentarians also wanted to ensure that the additional pharmaceuticals needed to supply third world countries are manufactured in a manner that distinguishes them from the products sold on the domestic market. Under the bill, pharmaceuticals for export would be differentiated through different colours and different labels.
This is an extremely humane and responsible piece of legislation. I want to say a few words about the companies grouped under Rx&D. I remember having breakfast at the parliamentary restaurant with representatives of that organization, along with our industry critic, the hon. member for Kamouraska—Rivière-du-Loup—Témiscouata—Les Basques, and also, of course, our international trade critic, the hon. member for Verchères—Les-Patriotes. The hon. member for Trois-Rivières, who has a long-standing interest in the third world, also joined us. I even recall that he asked very relevant questions. He was most interested in Africa.
We understand, of course, that pharmaceuticals would not only be exported to Africa. They could also be exported to Central and South America. However, I remember how much emphasis the member for Trois-Rivières put on Africa.
We wanted to ensure that the member companies of Rx&D would co-operate. It is clear that if the companies had not been interested in issuing voluntary licences, we would have found ourselves in a very embarrassing situation. Various arbitration mechanisms would have led to compulsory licensing. The commissioner of patents would have had to intervene and it is clear that it would have caused undue delay.
I must say that the innovative companies have behaved very responsibly in this matter. I hope that this sense of responsibility is reflected in the various domestic debates we shall have.
Perhaps I could take a few moments to talk about what is going on in Canada with respect to the price of pharmaceuticals, even though I know this is about the international level. Members are aware that it is the largest expense in all health care systems. In fact, each year in Canada, a total of $120 billion is spent on health. The fastest growing budgetary item in that area is the cost of drugs; the hon. member Abitibi—Baie-James—Nunavik knows this because he has sat on various regional health boards.
I had proposed a number of solutions to my caucus, in order to fight the rising cost of pharmaceuticals. In fact, the cost of medicine is rising at a faster rate than costs in the health care system in general. On average, health care costs in Canada, in each province, are rising by 5% per year, but the cost of medicine is rising more than that.
I shall conclude by saying that we are going to support the speedy passage of Bill C-9, because it is a good bill for third world countries, for our international obligations, and for the north-south dialogue.
I salute the innovative companies that have shouldered their responsibilities. I congratulate all members of this House—in particular, the hon. member for Kamouraska—Rivière-du-Loup—Témiscouata—Les Basques—who have worked very hard in committee. I hope the other place will enjoy the same kind of energy that has characterized this House's work on Bill C-9.
Aileen Carroll Liberal Barrie—Simcoe—Bradford, ON
More? In that case, I will add just a few more remarks as I know there are other colleagues who wish to speak. I do not want to in any way preclude that, but I do think it is important, speaking for a moment as one the five ministers on Bill C-9, to reflect a bit of our perspective in the Canadian International Development Agency. We see, as do our other department colleagues, that this is just one part of Canada's contribution to the global effort to combat disease in developing countries.
Canada's efforts also focus on preventing the spread of disease and helping people with disease live fulfilling and productive lives. As I mentioned yesterday in a response to a question here in the House, it is part of the very holistic approach CIDA takes to development because it works.
I used the example of what we are attempting to do in building the capacity of countries in the developing world to provide the kinds of health services so desperately needed, and of course to have the structures and systems in place to dovetail with the present and future availability of less expensive drug products. Indeed, improving access to those medications is essential, but as I say, in order to maximize their benefits, the health systems must be improved and we are actively involved in doing so.
This means, then, ensuring that there are enough doctors, nurses, hospitals and clinics to administer the medicine and to ensure the follow-up, so different from here in Canada. The care prior to the ravages of disease and the post-hospital or post-clinic care are imperative to treating the diseases that we are aiming to treat.
It also means ensuring that there is adequate access to clean water and sanitation, which curtails the spread of the disease. Some 60% of the diseases so rampant in developing countries are caused by a lack of clean water, so CIDA has many programs dedicated to the provision of clean water and to dealing with all the causes of contamination. In that regard, we partner with many very effective NGOs to accomplish that objective.
In addition to all of what we do to build up the health care systems, we of course have committed very serious and large amounts of our budget to address the HIV-AIDS pandemic generally. In the years from 2000 to 2005, our investment is in the area of $270 million. When we add to that an additional $1.2 billion allocated for health and nutrition initiatives, all a part of what we are attempting to achieve, it shows the very serious priority that we assign to health care and to the prevention and treatment of diseases in developing countries.
I have made reference to my efforts as minister for international development in international venues where I find myself. It is a great opportunity, as a member of group of six like-minded donors called the Utstein group, including Sweden, Norway, the Netherlands, England and Canada, that I am able to convey to them what we have done, being the first out of the gate with Bill C-9, and the first one to come into compliance with the TRIPS agreement, which we all signed as members of the WTO. Let me say that quite frankly I put an onus on them. They are very ready to bear that onus and very keen to receive all the details of this legislation, which has been the result of an excellent partnership of five departments of government, stakeholders in the community and in Canada, and a great willingness to come together to make sure that not only will we pass that legislation but that it will be an excellent piece of legislation.
I am delighted that we will have accomplished this today. It is a very exciting day. I think it is a wonderful news story. I hope that the media, who are very quick to note areas that they determine to be newsworthy, will make a major news story out of the passage of Bill C-9 in this House on this date, because it is a day that we all should mark.
Finally, let me say that yesterday I spoke briefly to the bill, along with other colleagues, and I made sure I stayed in the House to listen to the remarks of the hon. member for Calgary East, who spoke of his support for the bill and the work that he too brought to the process. He originally came from Tanzania and I had the opportunity to be in that country with him, long before I was given this position, to meet members of his family and to observe first-hand the experiences he has shared with the House. He has told us of the situation in that country as it faces the ravages of diseases and of the commitment it instilled in him to be a very supportive part of the team that brought this bill forward. I thank him for his remarks. I think Canadians should know that it is the Liberal government bringing in this bill but with tremendous support from all around this House.
Patent ActGovernment Orders
April 29th, 2004 / 12:40 p.m.
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Barrie—Simcoe—Bradford Ontario
Liberal
Aileen Carroll LiberalMinister for International Cooperation
Mr. Speaker, it is a pleasure to rise in the House today in support of Bill C-9. This is groundbreaking legislation that clearly demonstrates what can be accomplished when we focus on what truly matters: humanity and compassion.
Today with the Canada and Jean Chrétien pledge to Africa act, we are sending a message to the community of nations. When confronted with misery and tragedy, Canadians do not look away.
We do not close our eyes to the sufferings of others and we do not throw up our hands in despair, we act. Diseases such as HIV-AIDS, tuberculosis and malaria are taking a terrible toll on the developing world. They accounted for almost a quarter of the global death toll last year.
However, numbers alone cannot begin to convey the full impact of these diseases on the political, economic and social structures in developing countries. Eighty percent of those dying from AIDS are between the ages of 20 and 50. It is anticipated that by the end of this decade, there could be more than 44 million AIDS orphans.
As a result, we face a potential demographic crisis where the most productive members of society can no longer raise their families and contribute to their communities.
The world's poorest countries cannot effectively fight poverty if their teachers, students, health care workers and business people are debilitated by disease. Simply put, we face the breakdown of families, community life and ultimately societies at large. Yet many of the diseases plaguing poverty stricken countries are largely treatable.
In the developed world, for example, the use of combination chemotherapy with anti-retroviral agents makes HIV-AIDS a chronic but a manageable disease. In the developing world, however, these drugs are largely unavailable. Only about 5% of those who require anti-retroviral agents are getting them and the same is true for other essential drugs. This is a great injustice and one that must be addressed.
As Canadians, we need to get involved. We need to work hand in hand with other nations to help lift the death sentence that HIV-AIDS and other diseases have literally imposed on millions of men, women and children across the planet. Fortunately, the situation, while dire, is not without hope.
After many years of sounding the alarm, the tireless efforts of a committed few are awaking the rest of the world to this grim reality. As Stephen Lewis, the United Nations Secretary General's Special Envoy on HIV-AIDS in Africa has noted, “there is a new momentum”. We are seeing a renewed commitment and engagement by those in the developed world.
I believe that Bill C-9 is a big step toward strengthening Canada's commitment on this issue.
This legislation responds to a decision by the World Trade Organization to override certain provisions of the agreement on the aspects of intellectual property rights as they relate to trade.
The decision is intended to permit the export, under certain conditions, of licensed versions of patented pharmaceutical products to countries that cannot manufacture their own.
I should point out that the WTO does not require its members to enact any particular measures. No one has ever said that Canada must get involved. Nevertheless, our collective conscience says we must do so. This is a moral imperative and a pressing need to act, and to act quickly.
We sincerely hope that our leadership on this issue will encourage other countries to follow our example.
Bill C-9 is based on a balance of interests. On one side, there are the great humanitarian objectives, to send vital pharmaceuticals to developing countries. On the other side, we must protect the integrity of our intellectual property system and ensure that we respect our international obligations in this matter.
We must not forget the importance of intellectual property rights, such as those protected by patents. After all, such protection stimulates continued progress in medicine, progress for the good of every one of us.
The government is persuaded that this bill reconciles these two imperatives and establishes a practical system to permit appropriate medicines to reach the people who need them.
At the same time, we recognize that access to less expensive generic versions of medications alone is not enough. Without well trained health care workers and adequate infrastructure, developing countries will unable to reverse the spread of these diseases.
That is why in addition to moving forward on Bill C-9, Canada continues to help developing nations build their capacity in their health care systems. By moving on these two fronts at once, increasing access to drugs and strengthening health care systems, Canada is working very hard to enable poor countries to scale up the treatments.
Canada is the first country to adopt this kind of legislation. Other countries are sure to follow our lead.
When I was in Washington last weekend for the spring meetings of the World Bank and the IMF, ministers from other countries commended Canada for the bill. They asked me for details so they could replicate it in their own countries. By having been the first country to come out of the gate and by having been the first country to bring forward this very important legislation, indeed we are imposing a certain onus, and it is an onus I intend to speak of in whatever international venue I find myself.
Because the world is watching, we have to get this right.
Thanks to a wide range of contributors, I believe we have achieved this.
I will take this opportunity to thank the members of the Standing Committee on Industry, Science and Technology and the many people who took the time to send in their comments and to appear before the committee.
The list of such intervenors is quite long and includes representatives of the patent medicine sector, the generic drug sector, and many non-governmental organizations, such as Doctors without Borders and Oxfam.
I applaud the commitment each one of them has made to this humanitarian initiative. Because of their efforts, in large part, the bill has been amended and very much improved.
Let me outline very briefly how the new regime proposed by Bill C-9 will work. The regime proposes a number of schedules that set out the pharmaceutical products and the countries to which the bill applies. Where any such country identifies a need for one of these products in order to respond to a public health problem, the country may approach a Canadian generic drug manufacturer to negotiate a supply agreement. I should add that these schedules are very inclusive and can be speedily amended to add countries or to add pharmaceutical products to respond to changing demands.
A supply agreement can be concluded at any time. The only obligation on the generic drug company is that before applying to the Canadian Intellectual Property Office for an export licence, it must first approach the brand name company holding the patents for that product to see whether the latter is willing to accord a voluntary licence on reasonable terms and conditions. If the brand name company is unwilling to do so, the generic company is free to proceed with its application for a licence and, assuming the requisite health, safety and administrative conditions are met, a licence will be issued and the product can be exported.
Finally, the regime also includes a number of safeguards to ensure the export of high quality products that will be provided directly to the people who need them.
Bill C-9 is good legislation. It proposes a fair and workable regime. This speaks volumes for Canada and Canadians and reflects a compassion that will soon benefit those in need of our help. I encourage the members of this House from all parties to lend their support to Bill C-9. Together, we can send a clear message to the millions of men, women and children in the developing world. It is a message of hope and compassion. It is a message that says Canada cares.
Mr. Speaker, I am noting your body language and I am wondering if I have run out of time. If I have, in that case I will conclude my remarks.
Judy Sgro Liberalfor the Minister of Industry and Minister responsible for the Economic Development Agency of Canada for the Regions of Quebec
moved that Bill C-9, an act to amend the Patent Act and the Food and Drugs Act (The Jean Chrétien Pledge to Africa), be read the third time and passed.
Patent ActGovernment Orders
April 28th, 2004 / 5:30 p.m.
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The Acting Speaker (Mr. Bélair)
It being 5:30 p.m., the House will now proceed to the taking of the deferred recorded division at the report stage of Bill C-9.
Call in the members.
And the bells having run:
James Rajotte Canadian Alliance Edmonton Southwest, AB
Mr. Speaker, on behalf of the Conservative Party, I want to add a few words to this discussion on the second group of motions to Bill C-9, which deal mainly with adding medicines.
In particular, I want to address the issue of why we will not be supporting the motions put forward by my hon. friend from the NDP. I will reiterate what the government member said. The member for Windsor West did an excellent job at committee, a real tribute to his constituents.
However, there is something we should keep in mind. Many people before us at committee expressed concern about adding medicines. Let us look at the bill. Proposed section 21.03 of the bill reads:
The Governor in Council may, by order,
(a) on the recommendation of the Minister [of Industry] and the Minister of Health, amend Schedule 1
(i) by adding the name of any patented product that may be used to address public health problems afflicting many developing and least-developed countries, especially those resulting from HIV/AIDS, tuberculosis, malaria and other epidemics and, if the Governor in Council considers it appropriate to do so, by adding one or more of the following in respect of the patented product, namely, a dosage form, a strength and a route of administration--
This section really addresses the concern about whether we can add medicines. Perhaps in the future these two medicines may be added, but we do not know at this time. Our party feels that the people who make these decisions should make them within the parameters of this act itself, looking at the massive public health problems afflicting certain nations specifically with regard to HIV-AIDS, TB and malaria. We have to look at it within that umbrella and I really do think that we need to rely on our Department of Health here in Canada to guide us in these matters; that is certainly why we are making the decision we are. Obviously we are open to amending the schedule and adding other medications if that is the desire in the future.
In terms of the advisory council, our party made the motion to ensure that there is parliamentary input into the formation of this council, so that is a welcome addition as well.
I just wanted to add those few explanatory words for my hon. friend. This is why we in the Conservative Party will not be supporting Motions Nos. 14 and 18. We will support the addition to the list of all the other medicines that the government and the Department of Health have okayed and recommended.
Brian Masse NDP Windsor West, ON
Madam Speaker, I sometimes stumble through some of the medicine names which can be tongue twisters and very difficult to pronounce.
I am pleased to have a second opportunity to speak to the bill, in particular to the motions in Group No. 2 that we are referencing here, a specific series of drugs that have been introduced.
I want to first and foremost commend the committee work, as we have heard from several members. The fact that it is coming forward this way is because the committee agreed at that time to review things and make sure that Health Canada could review some of my amendments which could then be introduced at report stage. That is to the credit of the committee, the flexibility that evolved out of that, to ensure that we were doing the right thing.
Hopefully this group of amendments will provide additional resources to assist people around the world who are suffering with different types of conditions. The premise of the bill is to ensure that a distribution of generic drugs at a lower cost can get out to people who really need them. This is why we are doing this at this particular time.
These amendments are representative of a series of amendments that I proposed at the clause by clause stage. These are drugs to which Health Canada raised no objection. I thank those officials for their advice and assistance in my preparation of the list of motions on drug products. They were very professional and courteous, and made sure they were open for questions, especially given the tight timeframes under which we were working. They were very good in terms of getting back to me and my staff. It is important to recognize the work of the Health Canada officials.
Those officials have also circulated a copy of their recommendations to me, which I hope has been of use. Because of the way schedule 1 is worded, members will note that for some of the amendments, like that of amprenavir, it is simply the addition of a capsule formula but the amendment had to read to replace the whole line. It was a procedural issue but I hope the clarification is useful and once again provides for no other obstructions in getting those types of medicines to people who really need them.
This series of drugs presented here are indicated for a variety of different illnesses that affect the developing world, quite tragically. There are solutions and that is what some of these drugs can do, providing the right infrastructures for not only the countries themselves but also the humanitarian groups that are assisting them.
The amendment for amprenavir, Motion No. 12; delavirdine, Motion No. 15; lamivudine, Motion No. 17; and zalcitabine, Motion No. 19, are simple technical additions to include either the capsule or tablet formulation that is not currently in Bill C-9. All of these drugs are indicated for use in the treatment of HIV. We know from a number of speakers how many individuals across the developing worlds are suffering from HIV, and these drugs will provide some additional opportunities for them.
The amendment on ceftriaxone, Motion No. 13, simply adds the 500 milligram dosage to what already exists in schedule 1. It provides another opportunity for a specific case, if it is deemed necessary, for those wishing to assist.
The first of the new drug products which I propose to include is clarithromycin, Motion No.. 14. It is used to treat an AIDS-related infection called mycobacterium avium complex and also has other more general anti-infection uses.
As members of the House may be aware, the World Health Organization, in its attempts to facilitate quality, effective and safe HIV-AIDS, tuberculosis and malaria drugs, regularly updates what are referred to as “pre-qualified” drugs. Essentially it means that international experts appointed by the World Health Organization examine products submitted by companies around the world and assess whether they meet World Health Organization standards of quality, safety and efficacy.
Clarithromycin is on the WHO's pre-qualified list of HIV-AIDS drugs. Therefore it is one that has been vetted through the international process and we feel that that is a good reason to support it. It also apparently is a very expensive drug and, therefore, including it in the bill, which has the ultimate aim of providing access to medicines through cheaper generic versions, especially for the treatment of HIV-AIDS, tuberculosis and malaria, would make the bill even more able to achieve its aims. That is a benefit and a credit to the bill.
The second new drug that I have proposed is the fixed dose combination drug of isoniazid, pyrazinamide and rifampin, Motion No. 16. This combination of the three drugs is an anti-tuberculosis agent that is used for short course treatments of pulmonary tuberculosis in the initial phase.
According to Stop TB, tuberculosis infects one in three people worldwide. Between two million and three million die each year of this curable disease. This combination drug, also known as rifater, is also an expensive drug and could be very advantageous and important in the treatment of tuberculosis, which would, like clarithromycin, meet the aims of the bill.
The third of the new drug products I propose to introduce is moxifloxacin hydrochloride, Motion No. 18. Moxifloxacin is officially indicated for the treatment of what is called community acquired pneumonia, which simply means pneumonia acquired through regular contact as opposed to the complications from HIV-AIDS or a disease like that.
According to the Centre for Disease Control in Atlanta, approximately 5% to 10% of all children under five years old in developing countries develop pneumonia each year and acute respiratory infections like pneumonia cause approximately two million deaths among children under five each year and are the leading cause of death in that age group. In addition to children, approximately 100 of every 100,000 adults are affected yearly and the elderly are at particular risk according to WHO information. I feel the moxifloxacin should be included because of its potential to help treat people affected with pneumonia.
I believe that all these drugs are useful to have available as options to countries wishing to participate. My intent here, of course, is not to indicate that they should be used by anybody but I believe they should be available as options. However those people will decide.
As I mentioned and as the committee heard, there is consensus that the presence of a schedule at all provides further inflexibility in ensuring that countries have access to the drugs that they need. A list by its nature is exclusionary because it does not include all possibilities. If a country wants a drug that is already approved for use and sale here in Canada on the patent register, et cetera, it will still have to start a process for the drug to be included before a generic producer could apply for a voluntary or compulsory licence to supply the country with that drug. It is a bit of a barrier and it is one of the concerns we have with the bill.
I will quote from the testimony of our committee hearings by the representative of Médecins sans frontières about schedule 1:
So our proposal for that is simply to remove the schedule. Neither TRIPS nor the Doha declaration saw any list of medicines, and in fact developing countries fought very hard that there was no such list. It was a big point of discussion during those negotiations.
That is why we believe the list is something that the bill would be better without.
The government representatives have repeatedly testified that the presence of the schedule is intended as a guide and that it is meant to be flexible. I hope the members will consider supporting these amendments, particularly those that would introduce new eligible drugs important for the treatment of HIV-AIDS, tuberculosis and pneumonia to show that schedule 1 of this bill will be flexible as the government has claimed it will be. I am sure that they will be because there has been a lot of goodwill about the bill.
I commend all the parties that were a part of it. In fact, people across Canada are probably wondering why for the first time in a long time members are not shouting back and forth at different points but the fact is that we actually are talking about something that is very beneficial. We may still have differences of opinion about the bill but there is a great consensus for moving it forward rather quickly and also improving it where there are items of consensus. I think that is important to recognize.
These groups of amendments are intended to improve the bill and I hope they will receive the support they merit because they are important for many people throughout the world.
Brian Masse NDP Windsor West, ON
moved:
Motion No. 12
That Bill C-9, in Schedule 1, be amended by replacing “amprenavir” and the dosage forms, the strengths and the routes of administration specified in that Schedule in relation to the product with the following:
“amprenavir tablet, 150 mg; capsule, 50 mg or 150 mg; oral solution, 15 mg/mL”
Motion No. 13
That Bill C-9, in Schedule 1, be amended by replacing “ceftriaxone” and the dosage forms, the strengths and the routes of administration specified in that Schedule in relation to the product with the following:
“ceftriaxone injection, 500 mg (as sodium); powder for injection, 250 mg (as sodium salt) in vial”
Motion No. 14
That Bill C-9, in Schedule 1, be amended by adding the following in alphbetical order:
“clarithromycin tablet, 500 mg; tablet extended release, 500 mg; powder for oral solution, 125 mg or 250 mg”
Motion No. 15
That Bill C-9, in Schedule 1, be amended by replacing “delavirdine” and the dosage forms, the strengths and the routes of administration specified in that Schedule in relation to the product with the following:
“delavirdine capsule or tablet, 100 mg (as mesylate)”
Motion No. 16
That Bill C-9, in Schedule 1, be amended by adding the following in alphabetical order:
“isoniazid + pyrazinamide + rifampin tablet, 50 mg + 300 mg + 120 mg”
Motion No. 17
That Bill C-9, in Schedule 1, be amended by replacing “lamivudine (3TC)” and the dosage forms, the strengths and the routes of administration specified in that Schedule in relation to the product with the following:
“lamivudine (3TC) capsule or tablet, 150 mg; oral solution 50 mg/5 mL”
Motion No. 18
That Bill C-9, in Schedule 1, be amended by adding the following in alphabetical order:
“moxifloxacin hydrochloride tablet, 400 mg; intravenous solution, 400 mg/250 mL”
Motion No. 19
That Bill C-9, in Schedule 1, be amended by replacing “zalcitabine” and the dosage forms, the strengths and the routes of administration specified in that Schedule in relation to the product with the following:
“zalcitabine capsule or tablet, 0.375 mg or 0.750 mg”
Motion No. 20
That Bill C-9, in Schedule 2, be amended by adding the following, in alphabetical order:
“Timor-Leste
Timor-Leste”
Marlene Jennings Liberal Notre-Dame-de-Grâce—Lachine, QC
Madam Speaker, I am very pleased to take part in the debate on Bill C-9 at report stage.
As my colleagues from the opposition and the government have already mentioned repeatedly, this bill stems from a historic act. In fact, it is becoming a model for the rest of the world, should they be interested in adopting similar legislation.
I am very proud of the work done by all the members of the Standing Committee on Industry, Science and Technology during the hearings that allowed us to hear evidence from all interested parties, including experts and NGOs that work in developing countries.
We heard a large range of views, but everyone agreed that, first, we need this legislation and, second, the act should be strengthened to ensure that all interested parties that have a work expertise and a desire to work in developing countries can do so and have access to affordable drugs.
Although I am chair of the committee, I was unable to participate actively during many of its hearings because at the same time I am vice-chair of the public accounts committee. As everyone knows, the public accounts committee has been sitting three to four times more than a committee normally sits per week. We were sitting on this whole sponsorship issue, scandal, whatever one wants to call it, when the House was adjourned.
I can assure everyone in the House, and every Canadian, that each night I received the blues, the transcripts of everything that the committee heard. I went through them so I was very aware of what the committee members who were at the sessions were hearing.
I read the briefs that were tabled before the committee by all the different groups. I received a lot of correspondence from ordinary Canadians, pharmaceutical companies, the innovative Rx companies and generic companies. Members can name it, and I heard from them and I took notice of what they had to say.
I want to speak specifically to Motion No. 2 which was presented at report stage by my colleague from Windsor West who is with the NDP. The aim of the motion is to overturn a decision of the committee on a subamendment that I had brought to committee. What was the subamendment? I would like to read out the entire proposed paragraph and then show what Motion No. 2 would do, and explain why I do not support Motion No. 2. Proposed paragraph 21.04(2)(f) currently reads:
the name of the governmental person or entity, or the person or entity permitted by the government of the importing country, to which the product is to be sold, and prescribed information, if any, concerning that person or entity; and
It then goes on to other proposed paragraphs.
With Motion No. 2 that the member from Windsor West would hope that the House adopt, and which I hope the House does not adopt, it would remove all the section that says, “permitted by the government of the importing country”. To remove that would mean that the persons or entities could contract with generic companies in Canada who would receive licences in order to buy medication and bring it into a developing country, or a least developed country, without the knowledge of that government.
I think that the Canadian government, with the active assistance of all members on that committee, and all parties, worked hard to ensure that NGOs would have a strong role to play in ensuring that this legislation is effective when it rolls out and begins to work, and that it will actually assist the work that NGOs do in the developing world, and in the least developed countries.
I think that the legislation is fantastic. It is historic and it does not require Motion No. 2 because at its core, and I am sure that if the member had thought about it, if one were to remove that link between the government of the importing country, it would basically become Eurocentric.
It would mean that the government did not know what was best. The government of the importing country is not responsible for having policies or an infrastructure in place for public health or at least a policy to ensure that public health and infrastructure are in place.
We must work with the NGO community, governmental agencies of other countries, and multilateral agencies that we have put in place. When I say we, I mean the world. However, to remove that link, in my view, is to say that the governments of the importing countries do not have a role to play in elaborating and implementing their own public health policies and their own public health infrastructure, and that we in the developed world and industrialized world know what is best for them. We would therefore not need to treat directly with them; we could simply bypass them. I cannot agree with that and I am sure the member for Windsor West, if he thought about it, would rethink his motion.
I wish to conclude by saying that this is a wonderful bill, notwithstanding Motion No. 2, and Motions Nos. 14 and 18, which the parliamentary secretary addressed most ably by explaining that there were technical problems with those two.
Each member of the industry committee and all of the support staff from the House of Commons who assisted this committee in doing its work deserve a real applause from all Canadians because it was Parliament, the House of Commons, at its best. We were at our best during the work of that committee. I hope that when we vote on these motions and when we vote on the bill at report stage that we will again show our best to Canadians and the world.
Larry Bagnell LiberalParliamentary Secretary to the Minister of Indian Affairs and Northern Development
Madam Speaker, I rise on a point of order. There have been consultations and if you were to seek it you would find unanimous consent to modify the English version of Motion No. 7 so that it reads as follows. I move:
That Bill C-9, in Clause 1, be amended by replacing line 29 on page 11 with the following:
“(3) The commissioner shall post