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Health committee  This provision in this standard of a 15-day requirement to table in Parliament is set out elsewhere in federal legislation. It also appears in the Quarantine Act and the Food and Drugs Act. The purpose of this is for the minister to take prompt action to address a serious and imm

March 31st, 2009Committee meeting

Jane Allain

Health committee  When a department moves to impose criminal sanctions under a specific act, basically it looks at the sanctions provided for in comparable acts. It compares penalties and offences in an effort to enforce the act's provisions in a coherent manner. The aim is to look at the impact o

March 31st, 2009Committee meeting

Jane Allain

Health committee  I can only restate what I've just stated. The purpose of this is to address the concerns that the Privacy Commissioner had with regard to the privacy aspects of this particular provision. It is a standard clause that exists elsewhere, in other pieces of federal legislation. Our

March 31st, 2009Committee meeting

Jane Allain

Health committee  This is essentially to require that if you disclose to a third party and that third party is required to disclose the information and is required because they have a court warrant or some other disposition, they have to comply with it. There is no extraterritorial application of

March 31st, 2009Committee meeting

Jane Allain

Health committee  I'm not sure I understand your point. The requirement here is to try to ensure that if someone has entered into an assurance with the federal government when we disclose the information, if they're required by law to disclose it, they could be allowed to disclose it. So again it

March 31st, 2009Committee meeting

Jane Allain

Health committee  It's essentially the cabinet directive on regulation-making. As well, there's a component on regulatory impact assessment, and it requires detailed consultations that are open and meaningful and balanced, and that is part of how the government intends to propose regulations under

March 31st, 2009Committee meeting

Jane Allain

Health committee  The principle that Dr. Tam was attempting to convey was that if you include something in a statutory provision, then it becomes law and essentially cannot be modified. That would be the case with respect to limiting the responsibilities of persons using risk group 2 pathogens and

March 31st, 2009Committee meeting

Jane Allain

Health committee  No, I'm talking about flexibility to address the concerns of researchers. It would be an opportunity to discuss matters with them.

March 31st, 2009Committee meeting

Jane Allain

Health committee  The guidelines pertain to risk groups 2, 3 and 4. It would be a matter of determining which elements and guidelines would apply in the case of risk group 2 pathogens. That is where the flexibility comes into play. As the legislation is now worded, all guidelines would apply.

March 31st, 2009Committee meeting

Jane Allain

Health committee  This would allow for amending the regulations to take into account some of the more relevant elements of the guidelines having to do with risk group 2 substances.

March 31st, 2009Committee meeting

Jane Allain

March 31st, 2009Committee meeting

Jane Allain

Health committee  I would say that under the current importation regulation the person still is required to obtain a permit and is still required to fill in detailed information about that. That's the mechanism by which the agency maintains a certain kind of oversight and control over the importat

March 31st, 2009Committee meeting

Jane Allain

Health committee  By putting it in clause 7, it would essentially remove the licensing aspects of the bill with regard to risk group 2. That would also remove the ability to require information under clauses 38 and 39 of the bill, as the minister may only require information from an applicant, a l

March 31st, 2009Committee meeting

Jane Allain

Health committee  No, there wouldn't be that ability to exempt them. You've created the architecture under the criminal law power that sets out the range of penalties you have. We could not exempt them from the criminal law.

March 26th, 2009Committee meeting

Jane Allain

Health committee  The only thing I would add is that the regulations have to comply with what Parliament has given the Governor in Council the authority to do. The Governor in Council can't do anything beyond the scope of what you've set out as their limits in the statute itself. The only kind of

March 26th, 2009Committee meeting

Jane Allain