Bill C-12 (Historical)

Quarantine Act

An Act to prevent the introduction and spread of communicable diseases

This enactment repeals and replaces the existing Quarantine Act.
Its purpose is to prevent the introduction and spread of communicable diseases in Canada. It is applicable to persons and conveyances arriving in or in the process of departing from Canada.
It provides measures for the screening, health assessment and medical examination of travellers to determine if they have a communicable disease and measures for preventing the spread of communicable diseases, including referral to public health authorities, detention, treatment and disinfestation. Provisions for the administrative oversight of the detention of travellers are also included.
It provides for additional measures such as the inspection and cleansing of conveyances and cargo to ensure that they are not the source of communicable diseases.
It imposes controls on the import and export of cadavers, body parts and other human remains.
It contains provisions for the collection and disclosure of personal information if it is necessary to prevent the spread of a communicable disease or, under certain circumstances, for law enforcement purposes.
It also provides the Minister of Health with interim order powers in the case of public health emergencies and enforcement mechanisms to ensure compliance with the Act.

Quarantine Act

[Réal Ménard, Bloc, Hochelaga, QC]

Mr. Speaker, it will be my pleasure, in the next 20 minutes, for this is in a way the mandate I have set for myself, to speak to you about this exciting Bill C-12, the first version of which had been introduced by the minister of Foreign Affairs and used to be known as Bill C-36. Our television viewers—and we know that there are many at this hour—will no doubt be happy to learn that the number attached to bills corresponds to the order in which they are introduced in this House. So that means that this is the 36th bill being introduced by the government.

Those clarifications having been made, let us talk about the Standing Committee on Health. And I will take the opportunity here to thank my party for entrusting me with responsibility for health. After all these years, I derive a certain satisfaction from being the dean of the Standing Committee on Health. I believe I am the youngest in terms of age, but the dean in terms of seniority, since I have been there since 1999. As the hon. member for Longueuil—Pierre-Boucher knows, I have been through the great debates on labelling, tobacco products and so forth. So I have some experience, let us admit, on health issues.

The quarantine bill is rather technical, and we might think that it does not have much to do with human rights. But that would be wrong for, as I will show, the committee wanted to amend some 30 clauses—now I am getting the attention of the member for Marc-Aurèle-Fortin—to introduce a concept that has a very specific legal meaning, namely reasonable doubt.

The member for Marc-Aurèle-Fortin used to be a penal law professor at the Université de Montréal. I know that his courses were popular: just one exam, no term papers, reasonable jurisprudence. He was a sought-after professor and he also served Quebec well in his various ministerial capacities.

That said, in regard to the quarantine bill, legislation from the 19th century—I think that only the member for Glengarry—Prescott—Russell could actually refer to this period from memory—the legislation has not been reviewed very often. The way diseases are spread is no longer the same. We will remember that ships were the main means of transportation in the 19th century. Now, as our transport critic knows, people travel by plane. There are trains, too, maybe, in some places, but the main means of transportation remains—

[Carolyn Bennett, Liberal, Minister of State (Public Health)]

Madam Speaker, in today's modern era, emerging and re-emerging public health threats do not respect borders. This we know first hand from our recent experience with SARS.

With advances in technology, rapid air travel is now common practice in the daily lives of individuals, replacing the days of long voyages on ships. The new age of jet travel is paving the way for increased population mobility and has accelerated the rates in the spread of disease on both a domestic and an international front.

A serious communicable disease can spread to any part of the world within 24 hours, which is less time than the average incubation period of most diseases.

This new reality regarding the health of migrants is becoming a growing transborder problem with many public health ramifications, including effects on the social and economic fibre of our society.

While the existing health protection system has served the interests of Canadians well, the time has come to update our laws and to integrate them into a public health system that is stronger, more comprehensive and more flexible, precisely as recommended by Dr. David Naylor and the Senate Standing Committee on Social Affairs, Science and Technology following the SARS crisis.

Lessons learned from SARS forced Canada to face the fact that our current Quarantine Act is outdated in the public health realm. The existing legislation had remained largely unchanged since the adoption of the first Quarantine Act in 1872. Hence, there is an urgent need for updated legislation to mitigate the heightened risk of global disease transmission and to support public health practices in modern times.

Although Bill C-12 serves to modernize the Quarantine Act, it is only one tool in Canada's public health toolbox. The creation of the Public Health Agency, the appointment of David Butler-Jones, Canada's first Chief Public Health Officer, and the Canadian pandemic influenza plan are all essential elements of the government's strategy for strengthening Canada's public health system.

Public health is a shared responsibility. While the provinces and territories bear the responsibility for protecting public health within their borders, the federal government has a constitutional authority for quarantine at Canadian points of entry and departure.

Existing federal powers under the Quarantine Act are outdated. They do not reflect the changing face of emergency preparedness and response in the 21st century. That is why we are moving forward immediately with new quarantine legislation that will give the government the means to cope with and control disease outbreaks and ensure better communication, collaboration and cooperation among public health partners.

The scope of the new proposed Quarantine Act is limited to ensuring that serious communicable diseases are prevented from entering into Canada or being spread to other countries. It will also mitigate the risk of future threats to public health at home and beyond to our international partners.

The new act respects shared federal, provincial and territorial responsibilities in public health. Further, the Government of Canada will continue to work with our provincial and territorial partners to prevent and control the spread of communicable diseases within and between jurisdictions.

The modernized act we have proposed has a new focus on airline travel and will provide the Minister of Health with additional authority. For example, Bill C-12 would enable the minister: to divert aircraft to an alternate landing site if necessary to isolate and contain a public health threat; to establish quarantine facilities at any location in Canada; to order a carrier to not enter Canada if there are serious concerns that the arrival may threaten the public health of Canadians; or to close Canadian border points in the event of a public health emergency.

The proposed legislation offers greater flexibility with respect to the types of communicable diseases for which travellers coming into or leaving Canada may be detained by Canadian officers.

Bill C-12 protects privacy rights and maintains an appropriate balance between individual freedoms and the public interest. While the amended act allows the collection and sharing of personal health information, this is limited to what is necessary to protect the health and security of Canadians.

In addition, the bill enables Canada to assume its responsibilities as a partner in the area of global public health. The amended act is aligned with Canada's obligations under the World Health Organization's International Health Regulations.

Overall, this legislative reform initiative reflects the government's commitment to strengthening Canada's public health system. By introducing Bill C-12, the Government of Canada is responding to the call from Canadians to do more to protect the public from unnecessary health risks.

Further, the newly proposed quarantine act is responding to the calls of experts in the public health community to modernize the legal tools for preventing the import, export and spread of serious communicable diseases, while affording individuals full protection under the Charter of Rights.

In conclusion, I wish to express my gratitude for the hard work of the Standing Committee on Health. As the Minister of State for Public Health, I strongly support Bill C-12. This, as a federal legislative tool, is a critical measure in the establishment of a comprehensive pan-Canadian public health system and paramount to protecting the health and safety of Canadians.

[Mauril Bélanger, Liberal, for the Minister of Health]

moved that Bill C-12, an act to prevent the introduction and spread of communicable diseases, be read the third time and passed.

[Joe McGuire, Liberal, for the Minister of Health]

moved that:

Bill C-12, as amended, be concurred in, with further amendment, and read the second time.

[Rob Merrifield, Conservative, Yellowhead, AB]

Mr. Speaker, on behalf of the people of Yellowhead and as vice-chair of the House of Commons health committee, it is a pleasure for me to speak at report stage of Bill C-12.

Bill C-12 is an important piece of legislation. It deals with individuals who may be carrying a communicable disease, travellers who are arriving by airplane or ship. It also deals with conveyances.

We have not really dealt with the Quarantine Act since 1872. This is the first time we have looked at it since that period of time, which was certainly long before air travel. We can imagine some of the changes that have transpired in our country since that time.

Bill C-12 is very important. The alarms went off with the spread of SARS in our country. When SARS first came into the nation we really did not know what it was. Canada was the nation that actually alerted the world to the threat of SARS. There was no name for it at the time; we really did not know what we were looking at.

It is interesting now when we see what actually transpired. We were very quick to realize that we are only a plane ride away from any communicable disease that perhaps is ravaging the world at any particular time. It is very important that we have a piece of legislation that can protect the nation from an onslaught of this type of disease.

There are other diseases such as the avian flu. We understand it began in poultry. I was at the agriculture committee yesterday. We had a review of the avian flu in birds which devastated the province of British Columbia. The World Health Organization is very concerned about the avian flu. It has now mutated. Dozens of deaths have occurred due to the avian flu in southeast Asia. We understand the potential of a global threat and perhaps a pandemic coming from a mutation of this one disease.

In light of SARS and in light of the advent of the onslaught of this disease around the world, it is very important that we look at this legislation. It was very important back when SARS hit, yet the government tabled the bill shortly before it decided to call an election. It was more important to play politics than it was to protect the nation.

My party believes that the number one thing a government can provide for its citizens is protection. That did not seem to be a priority back then, but it is a priority now. I am pleased that the health committee was able to seriously look at the legislation, review it, update it and offer some necessary changes.

There was good cooperation in the committee. I compliment the parliamentary secretary for his cooperative work on our concerns. The committee was able to achieve many amendments to this piece of legislation prior to report stage. From that aspect I think we are quite pleased with some of the things contained in Bill C-12. I am quite concerned with a couple of amendments that were deemed out of order.

For example, in clause 6 the bill talks about compensation for airports. I believe that after royal assent six airports will have to provide space for use by a quarantine officer. The airports will be obligated to provide not only the space but also all the fixtures to go along with it, such as heating and electricity, free of charge.

It is interesting that the government would put this kind of an onus on the airport authorities across the country. At one time the airports were federally run and controlled but now that is not the case. The airports are controlled by airport authorities. The airport authorities are paying a significant amount of money into the federal coffers. It is actually a tax upon our airport system and there is a real debate in the country as to whether that is fair. It puts our airlines at a considerable disadvantage to other airlines and airports around the world.

I believe that last year alone the airport authorities paid $235 million in rent for those facilities. As part of that rent they are providing services to the Canada Border Services Agency, the Department of Citizenship and Immigration, the Canadian Food Inspection Agency, Health Canada, Transport Canada, the Canadian Air Transport Security Authority and the RCMP. That is part of the arrangement that is included in the package.

Now six airports will be called upon to provide extra space. They will have cough that up without being able to recoup the cost. We all know there is only one way to recoup the cost and that is to raise the price of airline tickets. We are quite concerned about that.

The Quarantine Act is used very seldom, and rightfully so. It should be used very seldom. It removes a tremendous amount of rights and privileges that citizens of this country have. When the act is applied and those rights are removed, they are being removed for a greater good, which is the safety of the nation.

We believe the act should be applied very seldom, but when applied it should be applied very aggressively. The Quarantine Act will only work as long as it is complied with. It is very important that be the way we proceed.

Another amendment we put forward addressed the issue of a hotel being quarantined and everyone setting up shop in it. The hotel owner would not be compensated under this piece of legislation. In fact, the legislation indicates that it may or may not be compensated. It is purely at the discretion of the minister. We think that is a power we could have addressed in the regulations.

We will certainly be looking at the regulations when they come forward. We want to make sure there is as strong an indication as possible that the “may” will be more than just a suggestion and that it will compel the government of the day to be fair with its citizens. We do not believe that any one individual should be on the hook for protecting the nation. When an individual protects the nation, the nation should also protect the individual. That becomes a principle of fairness which we believe the legislation should reflect.

I am quite disappointed that a few minutes ago the Speaker ruled these amendments inadmissible. We were not allowed to present them in committee. We wanted to present them at report stage. We think they are valid and would be accepted by individual members of the House. The parliamentary secretary and I have talked about this and he actually agrees with me.

It was the department that had difficulty with the wording. It did not want its hands to be tied behind a “may”. We felt that the wording should be “shall compensate in accordance with the regulations” and have those details worked out in the regulations. I am quite disappointed, but we will look at the regulations when they come forward.

In conclusion, the security of citizens is paramount. We in the House and the federal government can undertake to look after our citizens and keep them safe. The avian flu and SARS are, and will continue to be, serious threats. Perhaps the largest threat is yet to come. Hopefully we have learned some lessons over the last couple of years as we have dealt with some of the issues that have impacted our country and the world and we will be prepared for what is perhaps coming down the road.

This legislation is very timely. It is very important. We have worked collectively as a committee to provide the best legislation possible for the citizens of Canada. I am a little disappointed that some of the amendments have been deemed out of order, but I support the legislation. We will do everything we can to make sure the regulations are appropriate and in the best interests of the people of Canada.

[Réal Ménard, Bloc, Hochelaga, QC]

Mr. Speaker, I am pleased to speak on behalf of the Bloc Québécois on Bill C-12 to update the Quarantine Act. Since this act dates back to the 19th century, the proposed amendments will modernize it and make it workable and more in line with today's various epidemiological contexts.

The Bloc Québécois supports the principles behind the bill, and raised a number of questions in committee. We need to realize first the ways epidemics spread in the 18th and 19th centuries are completely different the way they spread today. People were far less mobile, and if they did travel it was mainly by train. Nowadays, the major vectors in the transmission of epidemics include means of transportation such as aircraft. Certain provisions of the act will require all carriers to report any illness or death occurring on board before they arrive in Canada.

It is important to understand that the Quarantine Act has nothing to do with control mechanisms within the country. Those are the responsibility of the various public health agencies. Its purpose is rather to focus on the transmission of epidemics at the various Canadian entry and exit points.

In its present form, the bill requires travellers who have a communicable disease, or who have been in close proximity to a person who has a communicable disease, to present themselves to a screening officer or quarantine officer, so that a number of controls can be performed.

I must say that, throughout its proceedings, the Standing Committee on Health was concerned that the travellers who will be checked by a screening officer or a quarantine officer should have various forms of recourse available to them. For example, a number of committee members proposed amendments that were adopted to ensure that the controls performed by quarantine officers are carried out within a reasonable period of time. We felt that this period should be less than 48 hours.

As we know, the Quarantine Act gives to the Minister of Health the power to establish quarantine zones. We may think that these quarantine zones will be created primarily in airport facilities, but they will not necessarily be limited to these areas. If the Bloc Québécois has one regret, this is it. Even though we worked in relative harmony in committee, and even though the Bloc Québécois supports the objectives of this legislation, we would have liked the bill to clearly state that a quarantine zone and perimeter cannot be established without the approval of the health authorities involved.

Let us take the very specific example of the Dorval Airport. If, among a group of travellers arriving from Sri Lanka—I am giving this example to illustrate my point—a source of infection is identified, in this specific case, we would have liked the quarantine zone to be established only with the approval of the Quebec health and social services department.

This is why the Bloc Québécois proposed amendments which, unfortunately, were not adopted by the committee and, consequently, by the government.

We had many debates in committee, including on SARS. Although it is particularly relevant to Toronto and Ontario, the committee members asked specific questions. It is true that this bill will enable the minister to make regulations concerning a number of very important definitions and questions.

We considered whether it would be relevant to be able to offer compensation to people held in a quarantine zone and possibly prevented from returning to their work or families for 24, 48 or 72 hours. We wondered if it might not be a good idea to compensate those people.

Of course, it is not easy to set a standard. Some colleagues mentioned the average industrial wage. I think the minister should look into the question again.

Being in quarantine does involve some restriction of personal freedom and possibly being deprived of the right to work. However, the amendment on this was not adopted by the committee. I believe the chair did not want to agree to this kind of amendment in case it would commit public funds and thus require a royal recommendation.

We also looked at the responsibility of the operators of facilities, for example, an airport where quarantine has been declared. Obviously, an emergency is involved. The parliamentary secretary reminded us in committee that the Quarantine Act has not been used in the past 100 years. It is not therefore a everyday measure.

However, to the extent that the Quarantine Act is invoked, what responsibility should this government and Parliament assign to those running such facilities? In fact, they will have to give up their space, their equipment and collaborate with the government as is to be expected in socio-health crises. Personally, I must say that I agree with the idea of granting some type of compensation.

This is the fear, among others, of airline representatives. It must be recognized that often the airlines and their staff are the ones coming into contact with the passengers arriving at their facilities. Airports could be induced to give up part of their facilities. We are comfortable with the idea that there would be some compensation for this.

There is another provision in the bill, a schedule that cabinet will be able to review. This schedule lists a number of diseases that could result in quarantine. Some of the ones identified are viral. Others were added to the list based on changes in medicine.

In committee, we made sure, if it ever became necessary to add a disease or infection to the list in Schedule I of the bill, that the conditions were in place to allow this to be done quite quickly.

We therefore believe this is an exceptional bill in that it should be used in unusual situations. The aim of this bill is to make the Quarantine Act even more effective.

The Bloc Québécois will support this bill and the main amendments included in the notice paper . I believe that all the members did a good job in committee. In fact, we clearly understand that such a bill was essential in a world where germs and diseases can assume proportions that, today, require our vigilance as citizens and as parliamentarians.

[Robert Thibault, Liberal, Parliamentary Secretary to the Minister of Health]

Mr. Speaker, I not only stand corrected, but I stand before the House to present Bill C-12, as amended and reported by committee. As members may recall, Bill C-36 was the first attempt to modernize one of Canada's oldest pieces of legislation, the Quarantine Act. This bill was introduced in the last parliamentary session on May 12, 2004, but died on the order paper when the election was called.

On October 8 of 2004, the Government of Canada introduced Bill C-12 into the House of Commons, the newly proposed Quarantine Act, an act to prevent the introduction and spread of communicable diseases arriving into Canada.

The Quarantine Act is an essential tool to prevent communicable diseases from entering the country, spreading throughout the population, and from spreading outside of our borders. That is why these amendments to the act, which have not been significantly modernized since 1872, are a priority at this time.

During the clause by clause review, members of the Standing Committee on Health made significant contributions toward strengthening the bill. During witness testimony, committee members listened to the issues raised by external stakeholders and put forward amendments to reflect their ideas or concerns. Common themes emerged throughout this process and in the spirit of collaboration, resolution was achieved, meeting the expectations of all parties. This comprehensive bill reflects the efforts and commitment of dedicated members and responds to the modern challenges of public health in the 21st century.

As we know, report stage provides the House with an opportunity to further refine Bill C-12. In response to this legislative review process, the Government of Canada has taken the liberty to introduce report stage amendments to the bill. These amendments are minor and technical in nature, but critical in terms of producing an optimal piece of legislation to protect the health and safety of Canadians. They will add clarity to the bill and remedy drafting oversights largely due to the accelerated pace of this examination process.

In the spirit of collaboration, it is my wish that House members demonstrate ongoing support for the work and contribution made toward strengthening the bill on behalf of the Standing Committee on Health.

[Joe Comuzzi, Liberal, for the Minister of Health]

moved:

Motion No. 1

That Bill C-12, in Clause 5, be amended by replacing, in the French version, line 15 on page 3 with the following:

“professionnel de la santé qualifié à titre d'agent de”

Motion No. 5

That Bill C-12, in Clause 20, be amended by adding after line 7 on page 7 the following:

“(1.1) The health assessment shall be undertaken as soon as reasonably practicable but in any case within 48 hours after the quarantine officer requires the traveller to undergo it.”

Motion No. 6

That Bill C-12, in Clause 23, be amended by replacing line 6 on page 8 with the following:

“this right.”

Motion No. 7

That Bill C-12, in Clause 26, be amended by replacing, in the French version, line 1 on page 9 with the following:

“ordonner de se soumettre à un traitement ou à toute autre mesure visant à prévenir”

Motion No. 8

That Bill C-12, in Clause 33.1, be amended by replacing line 12 on page 12 with the following:

“authority of any province concerned if”

Motion No. 9

That Bill C-12, in Clause 33.1, be amended by replacing, in the French version, lines 35 and 36 on page 12 with the following:

“d) la façon dont il aurait contracté la maladie transmissible ou serait devenu infesté”

Motion No. 10

That Bill C-12, in Clause 40.1, be amended by replacing lines 28 to 30 on page 15 with the following:

“40.1 No person is required”

Motion No. 11

That Bill C-12, in Clause 40.1, be amended by replacing lines 28 and 29 on page 15 with the following:

“40.1 No operator of the conveyance, employee of an owner of the conveyance or employee of any person using it for the”

Motion No. 12

That Bill C-12, in Clause 40.2, be amended by replacing line 37 on page 15 with the following:

“public health authority of any province con-”

Motion No. 14

That Bill C-12, in Clause 57, be amended by replacing, in the French version, lines 11 and 12 on page 22 with the following:

“f) la façon dont le voyageur aurait contracté la maladie transmissible ou serait devenu infesté”

[The Speaker]

There are 14 motions in amendment standing on the notice paper for the report stage of Bill C-12.

Motion No. 2 will not be selected by the Chair as it is similar to an amendment defeated in committee.

Motions Nos. 3 and 4 will not be selected by the Chair as they require a Royal Recommendation.

Motion No. 13 will not be selected by the Chair as it could have been presented in committee.

All remaining motions have been examined and the Chair is satisfied that they meet the guidelines expressed in the note to Standing Order 76(5) regarding the selection of motions in amendment at the report stage.

Motions No. 1, 5 to 12 and 14 will be grouped for debate and voted upon according to the voting pattern available at the table.

I shall now propose Motions Nos. 1, 5 to 12 and 14 to the House.

[Réal Ménard, Bloc, Hochelaga, QC]

Mr. Speaker, I am pleased to address Bill C-12, the new Quarantine Act.

Members may recall—no one here was alive at the time, but I am making a historical reference—the first Quarantine Act dates back to the 18th century, more specifically to the year 1794. It is important that all countries have provisions allowing them to tale swift action when infectious diseases are discovered or anticipated.

As the hon. member for Laval—who was making her maiden speech in this House on Friday—aptly pointed out, the Bloc Québécois supports the principle of the bill. We will suggest a few amendments to the Standing Committee on Health. However, as regards the principle of this legislation, we agree of course that taking action in such circumstances is a federal responsibility.

I would like to mention the main focuses of this legislation. If Bill C-12 is passed, carriers would be required to disclose all cases of disease or death occurring prior to their arriving in Canada. This means that it will be mandatory for a ship, a railway company or an airline to report diseases discovered onboard.

This bill would also make it possible to require travellers who have a communicable disease or have been in close proximity to a person who has a communicable disease to present themselves to a screening officer or quarantine officer. My colleagues will agree that this is more than reasonable.

As well, the use of screening technology would be allowed at the entry point into Canada. This may seem equally reasonable but we have a small question on this.

I see that clause 14 of the bill allows “any person authorized by the minister”— this being the Minister of Health—“to use any screening technology that does not involve the entry into the traveller's body of any instrument or other foreign body” in order to determine whether a traveller has symptoms of a communicable disease.

That strikes me as a bit general, an opening to abuse in certain circumstances. I wonder whether it might be replaced by the wording “any medically appropriate technique”.

In passing legislation, we must not betray the intent of the legislator. As much as possible, therefore, where appropriate, the bill needs to be precise so as not to allow any openings for abusive interpretations or confer upon the Minister of Health any powers we do not wish to confer upon him.

This bill would also permit the inspection of any conveyance arriving in Canada, and the disinfection and decontamination of the conveyance, its contents and cargo, if necessary.

This bill, which appears highly technical, certainly forces us to reflect a bit about globalization. When the first quarantine laws were enacted, back in the 18th century, 1794 to be precise, hon. members will agree that people's mobility was relatively limited. Travel was not without discomfort; the means were not as highly developed as they are now.

I would like to make a quick aside here, to indicate that I strongly encourage the hon. member for Outremont to reintroduce former Bill C-26, which conferred powers of mediation on the Canadian Transportation Agency. I cannot understand that member's lack of backbone. We need him to show a little more gumption in defending the interests of Quebec. This is very important.

Yesterday I was speaking with a woman mayor who sits on one of the committees of the Federation of Canadian Municipalities, a very important lobby group. I believe that the leader of the NDP has had connections with this in the past. Railway transportation is an extremely important problem.

I have been told that the railways run through some 1,400 communities in Canada. It is quite incredible to realize that CP and CN are acting like railway delinquents.

In my riding, Hochelaga, CP works 24 hours a day, because it serves the port of Montreal. Some of our constituents, who live in residential areas near the tracks, find their peace is disturbed at all hours of the day and night, morning and afternoon.

I think the hon. member for Saint-Lambert has a similar problem. As I said, it affects 1,400 communities in Canada. We do not yet know what number the new bill that deals with this issue will be given; the previous one was Bill C-26. Our constituents know that the number of a bill corresponds to the order in which it is introduced in the House, and we do not know when this bill will be introduced. Nevertheless, I am not explaining myself very well with respect to the dithering by the member for Outremont. I hope he is not one of those servile ministers who blindly follow orders from the lobbyists for CP and CN, whose power all of us on the Hill are familiar with.

Luckily for consumers, there is someone like the hon. member for Longueuil—Pierre-Boucher, our transport critic, who is shrewd enough to understand the negotiations required in such circumstances. I hope that the Minister of Transport will soon introduce a new bill identical to Bill C-26 so that the Canadian Transportation Agency can intervene. As we know, it is a quasi-judicial body that issues official rulings.

We will recall that citizens of Oakville, Ontario, asked the Canadian Transportation Agency to make regulations allowing it to intervene in the operating conditions of the major national carriers such as CN and CP. Since the carriers have the funds needed to contest legislation, both the constitutional and more practical aspects, they contested the power and prerogatives of the Canadian Transportation Agency and they won in a Federal Court ruling, in 2001, if I remember correctly. Once again we are in a situation where, unfortunately, the railway companies have total control unless we, the legislators, can intervene.

That is the end of my digression, which was brief and really timely in this debate on quarantine and intended to remind hon. members that the mobility of persons is a consequence of globalization. One of our colleagues in this House looked into that matter. We are not talking about just an opinion. Our colleague gave it some thought and realized that the political boundaries of a state do not necessarily match its economic boundaries anymore.

Naturally, the mobility of capital, people and goods creates a flux, a constant movement of our fellow citizens. The border between the United States and Canada, for example, is one of the most open. The hon. member for Charlesbourg—Haute-Saint-Charles could perhaps remind me who said, “Geography has made us neighbours; history has made us friends”. This is how the relationship between Canada and the United States was described. I think it was by former Prime Minister Diefenbaker.

I will conclude, because I have only one minute left, by saying that we will support the bill in principle. While we understand that it is the role of the federal government to look at potential areas of infection, we are concerned because the federal government is trying to claim certain prerogatives.

For instance, I read in the bill that the federal government planned to deal directly with the authorities. These would be health officials. Clearly, that is not desirable. But, in principle, we will support the bill.

My hon. colleague from Laval and I will put amendments forward at the Standing Committee on Health. We will work with the sense of responsibility that has always been the trademark of the Bloc Québécois team.

[Carol Skelton, Conservative, Saskatoon—Rosetown—Biggar, SK]

Mr. Speaker, it is indeed my pleasure to rise today to speak on Bill C-12, otherwise known as the Quarantine Act.

Canada has had a Quarantine Act for decades, but it has not been updated since 1872 to properly reflect the changing needs of today's world.

No longer do we rely on slow-moving ships to move people. No longer do we trade mainly with cities just down the road. Today's world has millions of people moving across continents every day of the year. Containers by the thousands arrive on our shores with goods destined for every corner of Canada.

But it is not just goods, animals and people coming into Canada that we need to be concerned with; we also need to be concerned with what goes out of Canada. Whether it is the famous rabbits of Australia or the zebra mussels of the Great Lakes, we are all aware of several major problems resulting from careless trade practices. In addition, we all remember SARS and the avian flu problems in British Columbia. Canadians and their economy were devastated by their effects.

Some Toronto businesses say the effects of SARS still linger, and we do not know the actual dollar figure for what SARS cost the city of Toronto and the province of Ontario. In fact, there is a belief that SARS is still affecting the Toronto area.

Bill C-12 is legislation which, for many reasons, could be called a response to SARS. In the wake of SARS, Dr. David Naylor, chair of the National Advisory Committee on SARS and Public Health, made a number of important recommendations.

One of the major recommendations has already moved ahead, with the creation of the Public Health Agency of Canada. The agency has opened and Dr. David Butler-Jones has been appointed the first chief public health officer in Canada.

Another observation by the Naylor advisory committee was that there were insufficient quarantine officers sent to screen air travellers and provide information so that travellers were aware of the situation. Dr. Naylor also stressed that he felt the quarantine officers were sent into the situation with little information and inadequate support materials.

Unfortunately, the agency is not much good until we provide it with some authority, that is, legislation that lets the agency do its job. This is why the legislation before us is so important.

The Naylor advisory committee also said, “The Government of Canada should ensure that an adequate complement of quarantine officers is maintained at airports and other ports of entry, as required” and they should be “fully trained and informed”.

Bill C-12 would give the minister the power to designate a wide range of people as officers, which does not necessarily mean that they would be suitably trained for a quarantine emergency.

Canada needs an updated Quarantine Act and trained professionals to meet challenges in our new world. That also means we must have our present medical officers and health care professionals state their opinions on this new bill.

The new act goes a lot further in granting health officials the powers needed to properly contain and address threats to public health from new and re-emerging infectious diseases.

Unlike the old legislation, the bill focuses on airlines as the primary mode of transport, instead of marine vessels.

The proposed act contains powers not seen before in the hands of health officials. Under the bill, they could commandeer any location or facility of their choosing for use in enforcing the Quarantine Act. Most times, this likely would mean the commandeering of a hotel for use as a containment facility for large numbers of people, but it could be anywhere. This in fact is one part of the legislation that concerns me.

The new legislation says market-based compensation will be provided for anyone who is affected, such as a hotel owner. This is similar to what has been promised to other sectors of the economy before, specifically, cattle producers in the wake of the BSE problems. Unfortunately, it was the political arm of government that decided what they were to receive for compensation. As well, I have watched as the CFIA has taken farmland out of production, causing producers great financial difficulty. The government waited until the market fell out of the specific industry and then compensated them based on new, lower market prices.

A key issue in the bill, which needs to be addressed, is the issue of compensation for conveyance owners. While it is somewhat addressed, there does not seem to be anything definite for individuals and their related expenses during the quarantine period.

Following the SARS crisis in Toronto, the cost of hotel rooms dropped drastically. One would expect the hotelier to be compensated for the cost of a hotel room prior to the outbreak. Do we really think customers will race back to a hotel after the quarantine is lifted?

Compensation must be based on the market price before the problem, not after, and that rate must be decided by an independent group, away from government control.

This legislation as proposed does not adequately address the mechanisms that would be used to access such issues and I hope the government will use some of its time to better explain its position and intentions.

As well, I want to make sure that in the government's efforts to address one crisis, it does not create another. We need to have assurances in place ahead of time or else people may not be willing to cooperate.

The new legislation does for the first time provide some initiative to cooperate. There would be severe penalties and jail sentences applicable to those who make disease management much tougher. I believe this is another good step in giving tools to our health officials to do their job effectively.

While health officials would have more rights and powers, so would the people affected the most. The protection of human rights while carrying out quarantine measures has also been of some concern to me. For example, the bill does not specify what individual or agency would determine the symptoms of each of the diseases listed or what symptoms the individual must exhibit in order to be detained by health officials. It should be noted that clause 62 would give cabinet the broad power to make regulations respecting health assessments and physical examinations.

The new legislation would give those being examined and detained more of a say. When and where reasonable, interpreters will be provided. If possible, people will have the ability to request a medical examination by a physician of their preference.

These types of measures are in keeping with the charter, but I believe they do not handcuff our medical officials from doing their job effectively.

Part of doing their job effectively would be the ability to redirect passengers to other locations as necessary or to detain passengers as needed, and even to prevent travellers from leaving from Canada if necessary. They would be able to screen, vaccinate, disinfect, decontaminate and examine goods, animals and people as needed.

All these measures are designed to meet the new standards of the World Health Organization.

Last week I spoke on the need to be better prepared for emergencies in Canada. The proposed act would better address a problem when it arises, with better surveillance measures and better staffing.

We will be going through the bill thoroughly during committee and I will be bringing forward any necessary amendments at that time.

[Mario Silva, Liberal, Davenport, ON]

Mr. Speaker, thank you for giving me the opportunity to address my honourable colleagues concerning the Quarantine Act, Bill C-12.

As members of Parliament, we all have a particular interest in the renewal of our health protection legislation that the government has just undertaken. As was mentioned, Bill C-12 would replace the current Quarantine Act, one of Canada's oldest pieces of legislation. It has remained largely unchanged since the Quarantine Act came into effect in 1872.

I am very proud, and I commend the Minister of State for Public Health for moving quickly with the recommendations of Dr. David Naylor from the University of Toronto. I also want to take this opportunity to congratulate and thank all front line workers from the cities and also the provincial and federal government front line workers. They all worked together during a very difficult time of SARS.

I also want to share my experience, not just as a member of Parliament but as a Toronto city councillor, at that time, representing the same area of Davenport. Toronto went through a very difficult time with SARS. Our hospitality industry was greatly affected by SARS. Many individuals throughout the world assumed that the city of Toronto was under quarantine. We were getting calls from people all over the place asking if they could leave their houses, or take the train or go to shopping centres. There was a certain hysteria created through the images that were not connected to the reality of what was happening in our city.

There was no question that we were living in difficult times and there was a certain sense of fear. Luckily, the people of Toronto had the good sense to go out and continue on with their lives. We would also like to offer our congratulations to those individuals as well. It was a very difficult time, and our front line staff did extremely well. Our medical officer of health, Sheela Basrur, is now the Ontario medical officer of health.

We at the federal level have done the same thing with the initiative of wanting to protect the public. We also have appointed a chief public health officer for Canada. I want to congratulate the government for moving quickly with that recommendation. It is very important legislation. All of us can be proud of the work we do here as parliamentarians.

I want to mention a quote from the minister for public health. She states, “Infectious diseases move like wildfire across the planet today”. That is very true. As we know, we are a mobile society. People pick up and leave. They travel to other countries. We have to be aware that there is a new reality in place that was not there when the act came into being in 1872. This is the new reality for Canada and throughout the world.

The new act will help ensure Canadians are better protected against the import of dangerous communicable diseases by: requiring carriers to report all instances of illnesses and death on board before arrival in Canada; requiring travellers to report on arrival to screening officers or quarantine officers if they have a communicable disease or have been in contact with such a person, the method used is screening technologies at Canadian ports of entry; and requiring those travellers arriving in Canada who are suspected of having a dangerous communicable disease to undergo an initial health assessment and a medical examination if necessary.

I want to let the Canadian public know that these changes to the legislation conform with the Charter of Rights and Freedoms.

As with other Canadian laws, the charter always applies. However, special protections are provided in the bill, such as the right to an interpreter, the right to have a medical examination conducted by a medical practitioner of a traveller's choice, the right to be informed of all decisions, the right to regular medical examinations during detention and the right to have detentions reviewed.

That is the way we in Canada protect ourselves, but also we protect our fundamental rights and principles. We do not want to live in a society of fear. We understand the importance of public health and we want to protect Canadians. At the same time, we want to give them the assurance that we will not suspend the charter. We are protected with the charter and we are protected with this legislation.

An updated Quarantine Act will address the urgent issues with respect to the spread of communicable disease. It is also the first step in a series of legislative initiatives that will establish a comprehensive framework for public health, including the creation of a public health agency and new Canada protection legislation.

[Don Boudria, Liberal, Glengarry—Prescott—Russell, ON]

Mr. Speaker, let me begin my remarks by congratulating the front line workers in health care, who during the SARS crisis not that long ago put their health and regrettably even in some cases their lives at risk for the benefit of other citizens.

We lived through an episode at that time in our country that was very difficult. Not only were there the victims I have just described, but as well there were the patients themselves who suffered from the disease. Regrettably, it even in a way victimized a segment of the population along ethnic lines. A number of people assumed, largely erroneously, that this segment was made up of carriers of the very serious disease that we had in Canada at the time.

The Quarantine Act that we are revising today is one of the oldest in the country. That was mentioned a while ago. It has been largely the same since 1872. I am sure other members will speak glowingly about the modernizations of 1972; nevertheless, it is largely the same as it was in 1872

I noted that in her speech the member for Laval reminded us that laws on quarantine have existed since 1377. As far as Canada is concerned, the member indicated that such legislation existed in Lower Canada as of 1832. Most probably there was similar legislation in Nova Scotia at about the same time, given the fact that two major quarantine stations existed, one on an island close to Halifax and the other one on Grosse-Île, near Quebec City.

I would like to spend a few minutes on this issue because I have a special feeling for that place. Actually, as my wife is of Irish descent, we have had the opportunity to visit Grosse-Île, where her ancestors arrived in 1846. They were among the first refugees fleeing the potato famine, which worsened significantly in 1847 and 1848.

It is easy to imagine that there must have been people on the shore watching the arrival of these refugees, most of whom were extremely thin because of what they had been through and often, in deplorable health, all with very short red hair, which distinguished them from the others. The bystanders probably asked themselves just what the government was admitting to Canada. Yet, these newcomers built our country and, of course, in my own case, they were the ancestors of my children and grandchildren, because I am a grandfather. That was no doubt the welcome they got when they arrived, at least the ones who made it to Canada.

At the time, Ireland had lost some two million inhabitants, of which one million had perished before being able to leave or during the voyage. The others went, mostly, to North America and Australia, new lands for the refugees from the famine that caused terrible sickness.

In my opinion, most Canadians, particularly those who have some Irish blood, thought, until recently, that this was something that had occurred a long time ago and that could likely never happen again. After all, living in modern times, such as we do now, it was thought—even though we now know better—that with all the medication and the means available, such diseases could never strike again. We had probably forgotten that, in the twenties, the Spanish flu killed a large number of Canadians, particularly in eastern Ontario and in Quebec. We also forgot other incidents less dramatic than the one to which I referred initially, but they nevertheless involved serious incidents of infectious diseases in our country.

I remember that when I was a child, there was a period during which they ran these tests on us at school to see if we had tuberculosis or anything associated with that disease. If, by accident, a child rubbed the area on his skin where the test had been done, this would cause a minor irritation, but the child would quickly be sent home to protect other children's health, even though it was often just a minor skin irritation.

All this to say that this is not a new issue in our country, but an old one.

I said at the beginning that the bill has not been modernized since 1872. Maybe I should start by reassuring the House that I was not involved in the debate in 1872. I was not even a member at the time. I want to assure the House of that as well, even though it is quite well known that I have been around this place for quite some time, but not that long yet, Mr. Speaker. I am working on it.

I would like to add my recognition of the important work of Dr. Naylor, Chair of the National Advisory Committee on SARS and Public Health. I was speaking of SARS in the past, but I wanted to take a moment to pay tribute to Dr. Naylor's work. On behalf of all my colleagues on this side of the House, and I am sure, all members, I would like to congratulate Dr. Naylor. He looked into the events that happened during the SARS crisis and he made recommendations for changes. One of these recommendations concerns the need to amend public health legislation.

Bill C-12 before us today is the result of the work the government has done in response to Dr. Naylor's very enlightened recommendations and proposals.

Before I finish, I would like to return to something mentioned earlier by two of the hon. members. They said that the minister's powers should not be too broad. I do not share this opinion. I would ask my colleagues to be prudent with the language they use in parliamentary committees.

I would be the first to say that a minister should perhaps not be given too much power to make amendments to legislation. In individual cases, I think the approach should often be the opposite.

I would like to remind all our colleagues of the famous, not to say infamous, Immigration Act and how it is administered. We are the first to call on the ministers to make changes. In fact, only last evening, I was invited to a demonstration in Ottawa. I was unable to go but the New Democratic Party member of Parliament for Ottawa Centre did attend this demonstration in favour of relaxing the law in a particular case.

We therefore have to exercise caution when it comes to calling for limits on powers. We must not restrict the minister's ability to administer the legislation. We need to exercise caution. If limits are required, let us keep them very broad. This is very important.

Say a plane is stuck somewhere and a binding decision is required from the executive branch to allow the passengers to disembark for various reasons. Sometimes, if legislation is too inflexible, our hands will be tied unless the minister can intervene.

This is what I wanted to say. I thank my colleagues who, without a doubt, will support this bill enthusiastically.

[Susan Kadis, Liberal, Thornhill, ON]

Mr. Speaker, I am pleased to see here today the Minister of State for Public Health and the Parliamentary Secretary for the Minister of Health debating the motion to refer this bill to committee.

When the recent SARS crisis hit this country in 2003, a powerful realization hit home to everyone. The days of having ample time to prepare for the arrival of infectious diseases are gone. A great deal has changed in 132 years since the Quarantine Act was first established. We have cars, we have planes, et cetera.

The bill is one part of the federal government's comprehensive approach of improving the health care of all Canadians. Bill C-12 recognizes that our health care system is a shared responsibility in the country. The importance of all jurisdictions and various organizations involved working together is critical, particularly when public health threats emerge as they do today.

Experts talk about control, the good kind, infection control and caring properly for persons who are hit with infection in such a way that no one else can become infected. Our public health agencies create guidelines for how to control infectious diseases so that a public health nurse in any community, big or small, will know what to do.

What this act does is simply add another important tool to our toolbox. It will allow us to detect threats to public health at the point when they are actually entering our country. Bill C-12 takes into consideration very importantly the Charter of Rights and Freedoms, which obviously did not exist when the act was first established. Disease, as we have heard, knows no boundaries. There were no planes or cars when this act was first established many years ago. This is one of our oldest bills.

There are constituents in my riding who were hit hard by SARS. They were hit tragically. They need to know, as do all Canadians, that we have taken all the steps that we can possibly take to ensure that they are protected. This bill is another example of how our government believes strongly in breaking down barriers when it comes to the best interests in the welfare and the well-being of all Canadians.

Bill C-12 appropriately balances the public good and the individual's right to privacy. It respects the jurisdictions of our provincial and territorial colleagues and in fact builds on all the very excellent work being done by all local public health officials. Bill C-12 will better prepare us to better protect Canadians. It is of course our collective responsibility to move this bill forward swiftly for our entire public health worldwide.

[Robert Thibault, Liberal, Parliamentary Secretary to the Minister of Health]

Mr. Speaker, let me assure the previous speaker that all members of the House were riveted by her comments. She mentioned that she wished to deliver a riveting speech.

We all share her concerns and we look forward to having a discussion at the committee level on some of the areas that have been raised, not only by the previous speaker, but by all the other speakers. I think that is the role of the committee.

We have an agreement on the bill which is the main thing. As Parliamentary Secretary to the Minister of Health, I have a particular interest in the renewal of health protection legislation that the government has undertaken. The modernization of the Quarantine Act is the first step in this renewal, one that will establish a comprehensive framework for public health in our country.

In light of the lessons learned from the SARS crisis and the recommendations made by Dr. David Naylor, a earlier version of the bill was tabled in the House on May 12, 2004. Unfortunately, this bill, Bill C-36, died on the Order Paper when the federal election was called.

Since then, the public health system has undergone major changes. Among other things, the Public Health Agency of Canada has been created and the first Chief Public Health Officer has been appointed.

In the wake of these important events, the government has introduced a newly proposed quarantine act. Bill C-12 will replace the current Quarantine Act, one of Canada's oldest pieces of legislation, which has remained largely unchanged since the adoption of the first Quarantine Act in 1872.

The Quarantine Act is a crucial piece of legislation. In a world where disease knows no borders, the act is the only federal statute concerned with preventing and controlling the introduction and spread of infectious diseases.

This legislation offers safeguards at the Canadian border and points of entry to Canada by screening for the import and export of infectious diseases. It complements provincial and territorial public health laws, given that each province and territory has adopted its own such laws to contain infectious diseases within its own borders.

However, one can see that the current law poses certain problems. For example, it includes numerous outdated and redundant sections. It requires that an order be issued to add an infectious disease to the list, thereby reducing our capacity to react quickly to a public health emergency. It raises some concerns with regard to the Canadian Charter of Human Rights and Freedoms. It is not consistent with the suggested amendments to the International Health Regulations. It does not deal with interprovincial travel.

I believe that the proposed legislation would help address these problems. Once enacted, the new Quarantine Act would ensure that the federal government has the proper legislative tools to deal effectively with the next public health crisis.

Bill C-12 would provide many advantages over the current act. It would streamline the emergency response process by eliminating the distinction between listed and other diseases. It would clarify the respective roles of officers, operators and the courts. It would ensure that human rights are adequately protected, giving people the right to legal counsel, interpreters and medical examinations. It would facilitate linkages with other authorities, such as provincial health authorities or the RCMP in the case of suspected terrorism. It would clarify the authority to collect and share personal information. It would give authority to the minister to issue emergency orders consistent with the Public Safety Act. It would modernize enforcement powers, such as the authority to divert carriers and secure quarantine space.

Naturally, we will need to hold further consultations with provincial and territorial governments regarding the federal role. We need to clarify the matter of federal assistance for controlling and managing the outbreak of infectious diseases in Canada.

For example, as the Naylor commission pointed out, we must give thought to the need to give the federal government the necessary powers to limit or prohibit the interprovincial movement of people, vehicles and goods during a public health emergency, and we must also give thought to the need for the power to declare a national public health emergency.

We will also need to clarify if the federal government has the authority to provide certain legal and economic protections for travellers who are detained for public health purposes, such as preventing someone from losing their job, as well as other things that have been mentioned by previous speakers.

We want to be ready should the unthinkable happen. The Minister of Health, the Minister of State for Public Health and I are extremely proud of this legislation. It is a critical important first step forward in a series of improvements the Government of Canada is making to strengthen our public health system.

In passing this legislation, we will be sending a clear message to Canadians that their health and their safety are a priority for this government.