Evidence of meeting #32 for Health in the 39th Parliament, 1st Session. (The original version is on Parliament’s site, as are the minutes.) The winning word was regulations.

A recording is available from Parliament.

On the agenda

MPs speaking

Also speaking

Francine Manseau  Senior Strategic Policy Advisor, Assisted Human Reproduction Implementation Office, Department of Health
Hélène Quesnel  Director General, Policy Development Directorate, Department of Health
Kata Kitaljevich  Acting Director, Assisted Human Reproduction Implementation Office, Department of Health
Burleigh Trevor-Deutsch  Director, Ethics Office, Canadian Institutes of Health Research

4:25 p.m.

Conservative

The Chair Conservative Rob Merrifield

Thank you very much.

Ms. Fry.

4:25 p.m.

Liberal

Hedy Fry Liberal Vancouver Centre, BC

Thank you very much.

I just have two questions. One is that we've never talked about fresh and frozen, but now we're talking about it. I wonder if you could clarify that for me.

Secondly, do you know when the board will be completed and decided on? Why is it taking so long? What is the criteria for someone to sit on a board that has so many complex issues facing it, ethically and scientifically? Will there be criteria, or are we going to have just anybody on this board?

4:25 p.m.

Senior Strategic Policy Advisor, Assisted Human Reproduction Implementation Office, Department of Health

Francine Manseau

Maybe I'll answer the first question and I'll leave the others to Hélène.

With regard to fresh and frozen, yes, that subject was raised a bit earlier. What we've said is that the legislation doesn't make a distinction between the two. Basically, if you want to use an in vitro embryo for research, there will be a condition you'll have to meet to get a licence. We don't make a distinction between the two. In any case, before issuing a licence, there's an obligation for the agency to be satisfied that there is a need to use an in vitro embryo for the purpose of the research, and if it's for stem cell research, there's also an obligation for the agency to have the consent forms of the donors of the in vitro embryo in front of them to make that decision.

This would apply to frozen or fresh embryos.

4:25 p.m.

Director General, Policy Development Directorate, Department of Health

Hélène Quesnel

Regarding the second question, with regard to the agency, thank you for raising that question.

The selection process, in our view, has been an open and transparent one. Certainly it's a GIC appointment process, so it was widely publicized. In our view—

4:25 p.m.

Liberal

Hedy Fry Liberal Vancouver Centre, BC

That doesn't make it open and transparent.

4:25 p.m.

Director General, Policy Development Directorate, Department of Health

Hélène Quesnel

—it resulted in a good representation from all the areas.

4:25 p.m.

Liberal

Hedy Fry Liberal Vancouver Centre, BC

Are there criteria other than regional ones?

4:25 p.m.

Director General, Policy Development Directorate, Department of Health

Hélène Quesnel

The criteria stipulated in the act are that the representation on the board would be a cross-representation of the community involved in AHR and Canadians.

4:30 p.m.

Liberal

Hedy Fry Liberal Vancouver Centre, BC

That's pretty vague, isn't it?

4:30 p.m.

Director General, Policy Development Directorate, Department of Health

Hélène Quesnel

Well, clearly that's the challenge in naming this committee.

In terms of the process itself, it essentially was one of recruitment. The government advertised in the GIC publicized process. We did this process in 2005. With the prorogation of Parliament, there was a delay. We again did a wider, if you will, selection or search process this last summer, and all the candidates who had applied last year were considered in the current process. We anticipate that an announcement will be made as soon as the government is ready to do so.

4:30 p.m.

Liberal

Hedy Fry Liberal Vancouver Centre, BC

I would hope that the people on this board will have knowledge of the issues scientifically, will have strong ethical backgrounds in terms of understanding medical ethics under the law, and that in fact there will be some consumers, some people, who will benefit from the use of reproductive technologies.

I would certainly hope that we won't have people who haven't a clue and will therefore use vague reasons and moral and other reasons for denying what is, in effect, a huge problem for many people in this country who are seeking reproductive help when they're not allowed to have children. I am hoping we will have a board and that those of us who see the board will feel comfortable that it's going to do the things it is set out to do. If that isn't so, as a physician I will be very upset and concerned.

4:30 p.m.

Director General, Policy Development Directorate, Department of Health

4:30 p.m.

Conservative

The Chair Conservative Rob Merrifield

Thank you.

We'll go to Mr. Fletcher for five minutes.

4:30 p.m.

Conservative

Steven Fletcher Conservative Charleswood—St. James—Assiniboia, MB

Thank you, Mr. Chair.

Thank you very much for coming, everyone.

You have put in a lot of effort, and certainly, since the regulations became public, I have received a lot of positive feedback about the work you've done.

I wonder if you can confirm for the committee that for the consultations that were undertaken, due diligence was done and legal advice was provided and everything is within the intent and expectations that were outlined when the bill was passed.

4:30 p.m.

Senior Strategic Policy Advisor, Assisted Human Reproduction Implementation Office, Department of Health

Francine Manseau

Basically, in terms of consultation, as I said, certainly there was a consultation period after they were tabled in the Canada Gazette, part I. But also, prior to that, we had a consultation document that was distributed to more than 500 people. It's even available on the Health Canada website, so whoever wanted to could have access to it. We sought input from that process and we sought input afterwards with the Canada Gazette, part I.

In terms of legal advice, we were working with legal advisers as we did that. As you know, before they could even go into the Canada Gazette, part I, they needed to be approved--scrutinized, if you will--to ensure that they would be within the mandate that was provided in the act.

4:30 p.m.

Conservative

Steven Fletcher Conservative Charleswood—St. James—Assiniboia, MB

Some of this consultation happened under the previous government, and some of it has happened under this government. It's above any kind of repute, and everyone is satisfied.

4:30 p.m.

Senior Strategic Policy Advisor, Assisted Human Reproduction Implementation Office, Department of Health

Francine Manseau

Consultations started in November 2004. And in September 2005, they were again published. So it's been ongoing, I would say.

4:30 p.m.

Conservative

Steven Fletcher Conservative Charleswood—St. James—Assiniboia, MB

Okay. It is important that these regulations pass the committee.

4:30 p.m.

Senior Strategic Policy Advisor, Assisted Human Reproduction Implementation Office, Department of Health

Francine Manseau

Yes, to bring the last prohibition.... That will ensure the uniformity that you raised and make sure everything is very clear and that there is what is required to respect the reproductive autonomy of every individual.

4:30 p.m.

Conservative

Steven Fletcher Conservative Charleswood—St. James—Assiniboia, MB

I have to say that what you have done is very impressive. Again, I've heard a lot of positive feedback. I gather that your professional advice to the committee is that these are good regulations and that the committee should support them.

4:30 p.m.

Senior Strategic Policy Advisor, Assisted Human Reproduction Implementation Office, Department of Health

Francine Manseau

I would agree, yes.

4:30 p.m.

Conservative

Steven Fletcher Conservative Charleswood—St. James—Assiniboia, MB

It is unanimous among the group.

Thanks. I look forward to implementing the regulations, because, as you say, it's important.

I would like to say, on a personal note, that stem cell research provides people with hope, and it's really important. I hope future governments, regardless of their political stripe, support the research that is done in this field to help improve the lives of countless people.

Thank you.

4:30 p.m.

Conservative

The Chair Conservative Rob Merrifield

Thank you.

We won't get into where those stem cells come from. That's the difficult part of this piece of regulation.

Madame Demers, you have five minutes.

4:30 p.m.

Bloc

Nicole Demers Bloc Laval, QC

Thank you, Mr. Chair.

Thank you for being here. I just learned something. I’m not very familiar with this field. The factors that concern me most are ethical ones.

I’d like to address my questions to Mr. Trevor-Deutsch.

Have you attended all the public consultations? If so, what were the primary concerns of the witnesses or groups consulted? Do you believe that Health Canada responded adequately to these concerns and that the necessary changes were made?

4:35 p.m.

Director, Ethics Office, Canadian Institutes of Health Research

Dr. Burleigh Trevor-Deutsch

CIHR is a funding agency, it does not develop regulations. Therefore, we did not play a role in the consultation process.

Unfortunately, it is impossible for me to answer your question.