An Act to amend the Quarantine Act

This bill was last introduced in the 39th Parliament, 1st Session, which ended in October 2007.

Sponsor

Tony Clement  Conservative

Status

This bill has received Royal Assent and is now law.

Summary

This is from the published bill. The Library of Parliament often publishes better independent summaries.

This enactment amends the obligations set out in section 34 of the Quarantine Act that apply to the operators of certain conveyances arriving in or departing from Canada.

Elsewhere

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.

Business of the HouseGovernment Orders

June 14th, 2007 / 3:10 p.m.
See context

York—Simcoe Ontario

Conservative

Peter Van Loan ConservativeLeader of the Government in the House of Commons and Minister for Democratic Reform

Mr. Speaker, I will be happy to address that in the affirmative in a moment but there is more that we should know about in terms of the business we are doing.

We will continue today with Bill C-42, the quarantine act, Bill C-58, the railway transportation bill and Bill C-21, An Act to amend the Criminal Code and the Firearms Act (non-registration of firearms that are neither prohibited nor restricted).

Tonight we have the emergency debate pursuant to Standing Order 52 that the Speaker has determined should proceed.

On Friday we will call Bill C-33, the income tax bill and Bill C-6, the aeronautics bill.

Next week is got the job done week when the House has completed the nation's business for this spring's session. During the got the job done week we will continue and hopefully complete the business from this week, as well as some new legislation and legislation that will be out of committee or the Senate.

The list of bills that are currently on the order paper, in addition to those I have identified for this week that I would like to see completed by the House before the summer recess are: Senate amendments to Bill C-31, An Act to amend the Canada Elections Act and the Public Service Employment Act.

There are also the following bills: Bill C-32, An Act to amend the Criminal Code (impaired driving) and to make consequential amendments to other Acts; Bill C-44, An Act to amend the Canadian Human Rights Act and Bill C-53, An Act to implement the Convention on the Settlement of Investment Disputes between States and Nationals of Other States (ICSID Convention).

Another bill includes Bill C-54, An Act to amend the Canada Elections Act (accountability with respect to loans).

By the end of next week, Canadians expect that the Senate will have completed its consideration of budget Bill C-52 without any amendments so that they can relax for the summer with the knowledge that $4.3 billion in the 2006-07 year end measures will be in play.

If there are amendments, we will have to be here in the House to respond and protect measures that might otherwise be lost, such as a $1.5 billion for the Canada ecotrust for clean air and climate change; $600 million for patient wait times guarantees; $400 million for the Canada infoway; $100 million for the CANARIE project to maintain the research broadband network linking Canadian universities and research hospitals; $200 million for protection of endangered spaces; and much more.

Quarantine ActGovernment Orders

June 14th, 2007 / 1:55 p.m.
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Charleswood—St. James—Assiniboia Manitoba

Conservative

Steven Fletcher ConservativeParliamentary Secretary to the Minister of Health

Mr. Speaker, I am pleased to speak to Bill C-42, An Act to amend the Quarantine Act.

In December 2006 we brought the 2005 Quarantine Act into force. It replaces the previous Quarantine Act, which contained outdated authorities. The new Quarantine Act aims to prevent the introduction and spread of communicable diseases through points of entry into Canada, such as airports and marine ports. It is an essential tool for responding to public health emergencies that may be international in scope.

In December 2006 we also introduced Bill C-42, An Act to amend the Quarantine Act, in the House of Commons. Bill C-42 seeks to amend the wording in section 34 of the 2005 Quarantine Act in order to address certain implementation problems, which relate to the advance notification by operators of conveyances coming into Canada, such as aircraft and ships.

As enacted in May 2005, section 34 requires advance notification by conveyance operators to an authority to be designated by the Minister of Health at the nearest entry point into Canada.

There are implementation issues related to the wording of this section. One issue relates to the need to report at the nearest entry point into Canada. In the event of a public health emergency on board, conveyance operators may be unable to determine which of the many points of entry into Canada was actually the nearest to them at the time of reporting.

Another issue relates to the need to designate an authority who is situated at the nearest entry point. The most appropriate authority to designate, such as a customs or a quarantine officer, is not actually located at every entry point, including all airports and all small ports receiving international traffic. Designating an authority who is at these entry points is therefore not workable.

Bill C-42 addresses all these implementation issues by requiring conveyance operators to notify a quarantine officer before they arrived in Canada if they have reasonable grounds to suspect that: (a) a person or a thing on board could cause the spread of a communicable disease, or (b) a person on board has died.

For land conveyances, this would generally be the first customs officer who they see when they cross the border.

When Bill C-42 was developed, a decision was taken to remove advance notification by land conveyance operators, such as buses and trains, and to focus on air and marine conveyances. Advance notification by land conveyance operators is not required under revised international health regulations. As well, advance notification by land conveyances could be prescribed under regulations at a later date, if a later assessment indicated that it was necessary.

Bill C-42 was debated at second reading and referred to the Standing Committee on Health on March 29. The members of that health committee commented on the issue of advance notification and whether it should also apply to land conveyances, such as buses and trains.

We have heard the views of the committee. We are determined to take every measure possible to get advance notification of potential communicable disease risks from all conveyance operators, including those operating on land. Canadians expect no less.

Under Mr. Clement's leadership, the government—

The House proceeded to the consideration of Bill C-42, An Act to amend the Quarantine Act, as reported without amendment from the committee.

Extension of Sitting HoursRoutine Proceedings

June 11th, 2007 / 3:10 p.m.
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York—Simcoe Ontario

Conservative

Peter Van Loan ConservativeLeader of the Government in the House of Commons and Minister for Democratic Reform

Mr. Speaker, I move:

That, pursuant to Standing Order 27(1), commencing on Wednesday June 13, 2007, and concluding on June 21, 2007, the House shall continue to sit until 10 p.m.

He said: Mr. Speaker, this is a motion that can be made one day a year, not on Christmas Day or Ground Hog Day, but this day, the 10th sitting day before June 23. It is a motion that can be made to allow the House to sit late into the evening.

I know that many members, when they look at that portion of the calendar and they see possible extension of sitting hours, they think that means we get to leave early for summer vacation, but that is not what it means. What it means is that under the Standing Orders of the House we can potentially sit and work late to get as much of the people's business done as possible because there are very important priorities for Canadians.

I will bear my soul here and say that it was not always my intention to move this motion. It was my hope that it would not be necessary. I was hoping that we would be making good progress.

For example, Bill C-52 in particular, the budget implementation bill was a bill which we believed we had an understanding with the other parties; in fact it had been shaken on by the member for St. Catharines, the member of the Liberal Party for Scarborough and others that it would be over to the Senate by June 6. Somewhere along the way the Liberal Party sought to treat it a little bit differently and as a result we are still debating it here almost a week later than the date we thought it would be over at the Senate. As a result of course we have lost considerable time to deal with other priorities for Canadians.

I want to talk about what those other priorities for Canadians might be, but first I want to focus on that number one priority which is Bill C-52, the budget implementation bill. As we have heard from many people in the House today, if that bill does not pass by the time the House rises for the summer, if that bill has not been dealt with, there are a number of financial priorities on issues that are very important to Canadians that will be lost, because it is a bill that reaches back to the previous fiscal year to spend funds. Those funds have to be allocated. The bill has to be passed and receive royal assent in order for those funds to be available in that fashion. If not, they are lost.

Some of those examples are ones which we have heard about today. The one that is at the top of my personal list is the $620 million in the budget for the patient wait times guarantee trust. This is money that is allocated to assist provinces in addressing what is one of our number one priorities—actually one of our top five priorities; I should put it that way—from the last election. That priority is to achieve a patient wait times guarantee, to help people get the kind of health care they need on a basis that is reasonable, that is practical, that is clinically sound.

For too long we saw patient wait times under the previous government actually double in length. We have this much vaunted Canadian health care system that we all purport to believe in, but if we really believe in it, we have to see that it works. An important part of it working is that Canadians should receive the health care that they need on a timely basis. That is what the $612 million is specifically aimed at.

The provinces are very anxious to receive these funds. It means a great deal for a lot of provinces. In my own province of Ontario that means $200 million plus of real money that Ontario needs for its health care system. The same thing, together with other elements, will mean for the province of Nova Scotia for health care $639 million including the transfer there. There is similar money throughout the country.

We are talking of significant funds. There are other elements in the budget. Much of that transfer will not be lost, as I said, because it is in the main budget funds, but the patient wait times guarantee money, that $612 million, is money that will be lost if we do not deal with that on a timely basis.

Another one that is very important is the $1.5 billion for the clean air and climate change trust. That is to help the provinces implement their plans to reduce greenhouse gases. It is very important.

On January 4 of this year, the Prime Minister addressed Canadians and identified what our priorities would be in government this year. One of those major priorities was to take real action on the environment. We have just seen that at the G-8 summit. In the summit declaration Canada's approach is an approach that is drastically different than it was for 13 years under the previous government when greenhouse gas emissions rose dramatically regardless of the commitments it took on. Now we have a national plan that results in real reductions, an actual plan that does that in both the short and medium term but also very importantly in the long term.

It is that approach by the Canadian government that was hailed as an example not just by world leaders, by other G-8 leaders, but by journalists from around the world, by special interest groups. The World Wildlife Fund, for example, issued a statement heralding Canada's approach as a model. The reason it is held out as a model and an example is it is an approach that can be used regardless of how lousy one's track record may be. This is important for a lot of the major emitters that had not been part of the arrangements up until now or did not have obligations under Kyoto to implement, major emitters like China, India, Brazil and the United States, to get them to the table and realize that if we are going to take on the challenges of addressing greenhouse gas emissions and turning around the risk of climate change and what it can potentially do to our world, we are going to have to take action in the long term. That is the approach of Canada that is being held as a model.

An important critical component of that approach is to engage and involve the provinces and ensure that they have in their hands the resources they need to be able to deliver. A big part of that is that $1.5 billion of ecotrust money, the clean air and climate change trust money. I underline that if we do not get Bill C-52 passed in time, that money will be lost.

This is where the delay and obstruction that the Liberal Party in particular has been conducting has been very harmful to the interests of Canadians who care about the environment, and in fact even those who do not care about the environment, because even if people do not care about it, it does affect them. It is important for all Canadians that they have that healthy environment.

Another example of the money that could be lost if Bill C-52 is not approved, if the Liberal obstruction is successful, is the $400 million for the Canada Health Infoway project. This is state of the art technology so that people can have better health care, taking advantage of technology to improve our health care system. This is something that is very important for the provinces to be able to deliver on the health care for Canadians, for their residents. Again if the Liberals are successful in their delay and obstruction plan this is something that will be lost if the bill is not dealt with and does not receive royal assent in the near future.

There is another one that is of particular of interest to me because it does affect residents in my part of Ontario. In fact the announcement was made in York region where I live and where my constituency is. That is the $225 million to protect endangered spaces, working in conjunction with groups like the Nature Conservancy of Canada to acquire sensitive lands that otherwise might be lost to development, or if not to acquire them, to put in place the kinds of conservation easements to ensure that they will be protected in their natural state for the foreseeable future, for as long as our legal regime remains in place, which is basically for as long as life continues as we know it. That money is very important but that money and the potential to protect those endangered lands will be lost if we cannot get the budget implementation bill passed in the appropriate time.

I also want to talk about the $30 million going to the Rick Hansen Foundation. Rick Hansen is the man in motion, a great Canadian who rolled his wheelchair around the world. He is a very strong personality and a great activist for his cause of spinal cord research. He suffered an injury but he showed that it did not hold him back and he did his around the world tour. I think it was in 1984 when he started his tour, which was an inspiration to all of us. The ongoing work of the foundation from the money he raised then is important. There is $30 million that we would like to see dedicated to that foundation. That $30 million would be lost if the Liberals have their way and they delay and obstruct this bill past the deadline we are dealing with.

For all of those reasons, the budget implementation bill is very important, not just because we want to see it passed, and that is a good reason, but there are actual, real consequences with a ticking clock, because of the fact that a significant amount of the funds are anchored in the previous fiscal year before March 31. That means we have to pass it before the books are closed. Basically we have to get royal assent. We have to get it all the way through before the folks here on Parliament Hill go home to their ridings for the summer. In order to do that, we want to see the potential to deal with this bill for as long as we need to.

I might add that we had hoped to be debating many other bills but the Liberals have chosen to delay this budget implementation bill in every way possible and for as long as they can, as we have seen in the House today and as we saw last Friday and so on. We have tried other measures to speed things along but they have stepped in to block them every time.

The other important bill that we need to deal with is Bill C-23, a Criminal Code amendment. Our justice agenda is very important, and Bill C-23 is a bill to update the Criminal Code provisions. It has come back to the House from committee and it is now at report stage. We would like to deal with that quickly but we will need some time in the House.

Similarly, we are expecting to see Bill C-11 on transport come back from the Senate with amendments. We will need to see whether this House agrees with those amendments or not. Bill C-11 is an important bill that has been around a long time, as members can see by the number, and we have been waiting for about a year to deal with it.

We also have Bill C-31, the election integrity bill. It is in the Senate and the Senate has indicated a desire to make some amendments to the bill. We and, I think, all parties would like to see that bill in this place, or at least three of the parties in the House would. The bill was amended at committee and we, as the government, accepted the amendments proposed by the Liberals and the Bloc.

Unfortunately, the Liberals in the Senate had a very different view of how the bill should work from the Liberals in the House of Commons. The Liberals in the Senate are actually getting rid of the House of Commons Liberal amendment on how to deal with the lists and the disclosure of information to political parties. They actually changed it to a position that was identical to what the Conservatives had originally proposed at committee.

As a result of the Liberals in the Senate deciding that they do not agree with the Liberals in the House of Commons, it means that we as the House of Commons need to deal with that bill one more time once the Senate has dealt with it.

We are waiting for that little ping-pong game between the Liberals in the Senate and the Liberals in the House of Commons to come to an end. When it does end, hopefully we can achieve a resolution on which we can all agree to ensure that future elections will proceed with a greater degree of integrity and probity, something that is very important to all parties and all members of this House.

Another bill that has come back after a long stay at committee is Bill C-42, the Quarantine Act, a very important bill on health matters and something we would like to deal with.

I know of one bill that the opposition House leader, the member for Wascana, has been very generous in showing a willingness to fast track and deal with very quickly and we are hoping to have it at report stage in the House very soon. I think we are in a position where we can do that very soon. I know other parties want some level of scrutiny so the very generous offer of the opposition House leader was one that we took up, but not everybody did. We can seek to get it passed through as many stages as possible in the House as quickly as possible. The bill I am talking about is the one dealing with Olympic symbols. I would like to see it dealt with on the House of Commons side and then go to the Senate.

That is an important bill for the folks who are putting together the 2010 Olympic Games in Whistler and Vancouver. It is important because it deals with copyright, trademarks and the like. We all know how challenging it is to put on these kind of games in this day and age and the ability to protect copyrights, to deal with merchandise and to generate that revenue to support the athletes, the games and the legacy venues that will be constructed as a result of that is important to the people who are involved, whether it be the athletes, the organizers or the people in those communities who will benefit from the legacies.

We are also waiting on other bills, such as Bill C-51, the Nunavik Inuit land claims, and Bill C-59 on video piracy. Bill C-59 was just introduced but the newspapers are saying that it is an important bill because it would create some meaningful consequences for people who engage in the illegal video taping of major films with the ultimate objective of putting them on the black market to sell them illegally without the copyright rights to it. That is something that has been hurting the film industry.

In places like Vancouver and Toronto, in fact all across the country, the film industry has become very important, but those places in particular. It is important that Canada maintains its credibility within that industry and that we support our artists and the people who give value to that intellectual property and that we show leadership as a country in protecting it.

In the future, as we move away from manufactured goods and products to the kinds of services that have more to do with intellectual property, we need to be seen as real leaders in that regard. As I said, media reports are suggesting that all parties actually support Bill C-59, which is why we would like to move it quickly.

Another bill that we recently introduced would support the Red Cross/Red Crescent in the adoption of a new symbol. We need to do that here in Canada through legislation because of a charter that exists. The bill would create an additional non-denominational symbol, which is the Red Crystal, that can be used through ratification of a treaty. If the Red Crescent symbol or the Red Cross symbol creates some discomfort with the local population, the Red Cross/Red Crescent Society would be able to use the Red Crystal symbol as an alternate symbol, which is why as a country we need to recognize and ratify that it would have all the protections under the Geneva convention so that anyone would respect it. However, there would be consequences if people misused the symbol in trying to conduct an offensive military operation. The symbol would need to be used for the purpose intended, which is to protect and save lives in difficult scenes around the world.

All of the bills I have spoken about are on the House calendar. Some are in front of us and we would like to deal with them but others are still at committee.

I did not even speak to the first nations land management, which is a bill that was launched in the Senate.

We would like to see the passage of some bills that are still in committee and which we would like to see back from committee. We thought some would come back a little bit sooner, such as Bill C-6, the amendments to the Aeronautics Act. The committee has been doing clause by clause on Bill C-6 for almost a month now. I am glad to see that the committee is being that attentive but it is a bill that is important and we would like to see it.

The bill that I hope the committee deals with soon is Bill C-32 on impaired driving. I have spoken about the importance of justice and making our streets and communities safer. It was one of the five cornerstone priorities of the Conservatives when we ran in the last election. It was restated on January 4 by the Prime Minister as another priority.

I should acknowledge that we have had some good progress on getting some of those justice bills through the House but it was not easy. Some of them, like Bill C-10 dealing with mandatory penalties for gun crimes, stayed at committee. If one were to listen to politicians speak, one would think there is a consensus on the importance of mandatory penalties for gun crimes. Even the Liberal Party in the last election had that as one of its key elements in its platform.

However, when it came to committee, things were a little bit different. The Liberal Party actually gutted the meaningful parts of the legislation and it held up the legislation at committee for 252 days. Fortunately, that time is past and, thanks to the support of the New Democratic Party, we were able to put some teeth back into that legislation and make it meaningful. The legislation now contains some meaningful mandatory penalties for those gang members and crooks who want to terrorize our communities with guns and commit violent acts. They will face real consequences. When they commit an offence like that they will go to jail. There will be no more “get out of jail free” card and no more house arrest as a solution. They will actually serve real jail time for some of those offences. Where there already were mandatory penalties, they will be tougher and stronger mandatory penalities so that we can take real action.

I know these are important justice issues for Canadians, and that the gun legislation is a part of it, but the other bill that we are waiting for from committee is Bill C-32 on impaired driving. It is very easy to deal with impaired driving on alcohol right now because we have breathalyzers and standards. However, a much more difficult element is driving impaired through the use of other illegal substances, such as controlled or narcotic substances, or, in simple terms, drugs. People who use and abuse drugs and then proceed to drive a vehicle are just as impaired, if not more impaired, as someone who has consumed excessive alcohol. The consequences in terms of the risk to other drivers on the road are just as great. It can change the lives of a family if someone were to die or become injured. The lives of a family could be absolutely shattered when an accident occurs because of that kind of behaviour.

Business of the HouseOral Questions

June 7th, 2007 / 3 p.m.
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York—Simcoe Ontario

Conservative

Peter Van Loan ConservativeLeader of the Government in the House of Commons and Minister for Democratic Reform

Mr. Speaker, today we will be continuing with the business of supply.

Tomorrow we hope to conclude third reading of Bill C-52. In answer to the question on priorities, I would point out that Bill C-52, the budget implement bill, is the number one priority of this government. We can talk about other priorities after we see an indication that it will be heading for royal assent. If we do not have it, it will result in the loss of $4.3 billion in 2006-07 year end measures which include: $1.5 billion for the Canada ecotrust for the provinces; $600 million for patient wait times guarantees; $400 million for Canada Health Infoway; $200 million for protection of endangered species; $30 million for the Great Bear rain forest; $600 million for labour market agreements for the provinces; $30 million for the Rick Hansen Foundation; $100 million in aid for Afghanistan; $100 million to Genome Canada; and so on. It is a long list of important priorities financing that will be lost if the bill is not passed by the end of this session in June. That is obviously our number one priority.

Next week will be getting things done for all of us week when we consider a number of bills that are in their final stages of the legislative process.

The following bills will be placed under Government Orders for debate: Bill C-11, An Act to amend the Canada Transportation Act and the Railway Safety Act and to make consequential amendments to other Acts, which the Senate reported with amendments and which is now back before the House to receive the approval of the members, and Bill C-23, An Act to amend the Criminal Code (criminal procedure, language of the accused, sentencing and other amendments).

We are awaiting the Senate's report with amendments on Bill C-31, An Act to amend the Canada Elections Act and the Public Service Employment Act.

Bill C-33, An Act to amend the Income Tax Act, including amendments in relation to foreign investment entities and non-resident trusts, and to provide for the bijural expression of the provisions of that Act, Bill C-42, An Act to amend the Quarantine Act and Bill C-47, An Act respecting the protection of marks related to the Olympic Games and the Paralympic Games and protection against certain misleading business associations and making a related amendment to the Trade-marks Act, will probably be passed by the House at third reading.

Discussions have taken place with the opposition parties, and there may be consent to fast-track some or all of the following bills: Bill C-59, An Act to amend the Criminal Code (unauthorized recording of a movie), Bill S-6, An Act to amend the First Nations Land Management Act and Bill C-51, An Act to give effect to the Nunavik Inuit Land Claims Agreement and to make a consequential amendment to another Act.

There is also a possibility of quick passage of a new bill entitled “An act to amend the Geneva Conventions Act, an act to incorporate the Canadian Red Cross Society and the Trademarks Act”, which appears on today's notice paper.

There are a number of other bills I am still hoping we could get included in getting things done for all of us week, provided that they get reported back from committee, in particular, Bill C-6 aeronautics; Bill C-27 dangerous offenders; Bill C-32 impaired driving; and Bill C-44, the bill to grant first nations people the human rights that every other Canadian enjoys. First nations people expect the House to get things done for them as well, so I urge the aboriginal affairs committee to stop delaying Bill C-44 and report it back to the House early next week. It is a priority for this government.

HealthCommittees of the HouseRoutine Proceedings

June 5th, 2007 / 10:05 a.m.
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Conservative

Rob Merrifield Conservative Yellowhead, AB

Mr. Speaker, I have the honour to present, in both official languages, the ninth report of the Standing Committee on Health.

The committee has studied Bill C-42, An Act to amend the Quarantine Act, and has agreed to report it to the House with amendments.

June 4th, 2007 / 4:50 p.m.
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Conservative

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

Thank you.

Honourable colleagues and friends—hopefully you're one and the same—I am proposing two amendments to Bill C-42, an act to amend the Quarantine Act.

When Bill C-42 was developed, a decision was taken to remove the requirement for advance notification by land conveyance operators, such as buses and trains, and to focus only on air and marine conveyances. This decision was based on an assessment that land conveyances posed a limited threat to Canada. Advance reporting by land conveyances could have been prescribed by regulation at a later date, should it be deemed necessary.

Ensuring the safety and security of Canadians is vital to the importance of this government. As you know, outside Asia, Canada was the country hardest hit by SARS. Hundreds of people became seriously ill and dozens of those people died. In addition, SARS had a considerable negative social and economic impact on Canada. Protecting the health of Canadians is our primary concern.

Upon reflection, in keeping with the government's desire to have the most comprehensive public health protection legislation possible to protect Canadians, I am proposing two amendments to Bill C-42. These amendments will reintroduce the requirement for advance notification by land conveyance operators, before they arrive in Canada, and will address another matter relating to notification efforts by all conveyance operators.

The first amendment will require advance notification by commercial land conveyance operators, such as trains, buses, and trucks, so that Canadian authorities can be as well prepared as is reasonably possible to respond to health threats at Canadian borders. The advance notification obligations of land conveyance operators will be identical to those of air and marine conveyance operators.

The mechanism for meeting the requirement will be simple. A 1-800 number will make it easy to contact a quarantine officer 24 hours a day. Conveyance operators will simply need to call before arriving in Canada if they have reason to suspect a person, cargo, or thing on board could cause the spread of certain listed communicable diseases or a person on board has died. Advance notification by operators of all conveyances will give Canada the best public health protection measures at our borders in order to protect the health and safety of Canadians.

I'm also seeking a second amendment to clarify that all these operators can invoke the common-law defence of due diligence, meaning that if they have taken all reasonable steps to comply with proposed section 34, they will not face penal sanctions.

We are doing this because we are concerned about the use of the expression “if it is not possible” in proposed subsection 34(4). The subsection states that no conveyance operator contravenes the advance notification requirement if it is not possible to inform the quarantine officer before arriving.

Our intention has always been to require conveyance operators to make reasonable efforts to notify in advance. The amendment is necessary to remove any risk that proposed section 34 is setting a higher standard; that is to say, requiring an operator to take all steps short of the impossible. We wish to make it clear that conveyance operators who take reasonable efforts to meet advance notification requirements will have fulfilled their legal obligations. As such, the second amendment will clarify that the due diligence defence continues to be available to all conveyance operators who have made all reasonable efforts to comply with the advance reporting obligations.

These amendments will ensure Canada will be better aware of the public health threats approaching our borders and aboard commercial conveyances. The adoption of this requirement would ensure that Canada has in place better legal protection, in respect of these types of conveyances coming into the country, than any other state in the world. These amendments complement the international health regulations and go one step further in order to offer Canadians the best protection possible.

These proposed amendments strike the necessary balance between protecting Canadians from the threats of dangerous communicable diseases and facilitating the movement of persons and goods across international borders. They provide a clear public health benefit and are not expected to have a significant impact on cross-border trade.

Honourable colleagues and friends, I ask for your support in amending Bill C-42 as I have outlined.

The first amendment that I'm proposing is that Bill C-42 in clause 1 be amended by replacing line 8 on page 1 with the following:

(a) a conveyance that is used in the

The second amendment reads is that Bill C-42 in clause 1 be amended by replacing line 2 on page 2 with the following:

it is not reasonably possible for the operator to inform a

June 4th, 2007 / 4:50 p.m.
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Conservative

The Chair Conservative Rob Merrifield

I call the meeting back to order.

To start with, I want to introduce our legislative clerk, Marc Toupin. It's good to have you with us to usher us through this clause-by-clause on Bill C-42.

We have the bill before us. On the government side, we have the two amendments we were talking about. We want to present those, lay them on the table, and debate them. We'll then go to clause-by-clause. Hopefully, we'll get through the bill by the end of the meeting, if it's the will of the committee.

We'll start on clause 1 right now, and we'll ask Mr. Fletcher to introduce his amendments.

(On clause 1)

June 4th, 2007 / 4:25 p.m.
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Conservative

Patricia Davidson Conservative Sarnia—Lambton, ON

Thank you, Mr. Chair.

Thanks very much to the presenters.

I have a couple of questions going back to Bill C-42, perhaps for Mr. Butler-Jones or Mr. Haddow; I'm not sure who wants to answer them.

If the amendments are passed here today when we look at them, what effect will the new regulations have on industry? Will they make the situation more onerous for industry? How will they affect the cargo carriers? Would they affect just people carriers, or cargo carriers too?

Does somebody want to try that question?

June 4th, 2007 / 4:20 p.m.
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Liberal

Susan Kadis Liberal Thornhill, ON

Thank you, Mr. Chair.

Thank you, everyone, for your presentations.

Today we're hearing that the federal government isn't considering making changes or increases to limits for allowable pesticide residues on food, although at a previous meeting we did hear witnesses say to the committee that it is possibly being considered, which I believe were the words. So there is a bit of a discrepancy there. Could you clarify that? And also, if this possible change or increase isn't coming from the food and agricultural regulatory group or any other of these working groups under SPP, where specifically is it coming from?

And secondly, specifically to Dr. Butler-Jones, are you considering prosecuting the individual who did not report the TB under our current Bill C-42 amendments to our Quarantine Act?

Those are the two questions, Mr. Chair.

June 4th, 2007 / 4 p.m.
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Bloc

Christiane Gagnon Bloc Québec, QC

Thank you for being with us today.

You all read on the weekend about the case of Andrew Speaker, who has contracted a communicable form of tuberculosis. I know that measures were taken. When the diagnosis was made, he was told not to travel. However, because 14 days went by before the authorities were notified, Mr. Speaker had time to make several trips.

How would you explain this lapse in the chain of events, which could put people's lives in danger? They are trying to find everyone who travelled during the same period, particularly people who were in the most contact with him.

I would like to ask Mr. Butler-Jones what went wrong. We are in the process of enacting Bill C-42, An Act to amend the Quarantaine Act. We are told there is no problem, but we have to know what went wrong, so that the situation does not happen again. Was there a flaw in the system used by public health authorities in the United States for communicating information?

June 4th, 2007 / 3:30 p.m.
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Conservative

The Chair Conservative Rob Merrifield

We'd like to call meeting number 59 of the Standing Committee on Health to order.

Pursuant to Standing Order 108(2), we will have a briefing on possible regulatory changes. Today we are examining Bill C-42. We have some witnesses who will be able to help us with that.

At the end of the meeting, we'd like to carve off a little bit of time, perhaps a half hour or 20 minutes, in which we'd like to move on to clause-by-clause consideration of Bill C-42, if the committee is prepared to do that. We're hoping to get to that place at that time.

Before then, we have some witnesses with us. From the Department of Public Safety and Emergency Preparedness, we have Paul Haddow. Also, from the Department of Industry we have Alain Beaudoin. It's good to have both of you.

We'll also introduce those who are here to help out with the question and answer period. From the Department of Health we have Daniel Chaput, and from the Public Health Agency of Canada we have Dr. David Butler-Jones. From the Canadian Food Inspection Agency, we have Emmy Verdun. It's good to have you with us.

With that, we will proceed with the presentations. We have two of them. We'll start with the Department of Public Safety and Emergency Preparedness.

Paul Haddow, the floor is yours.

May 30th, 2007 / 4:20 p.m.
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Conservative

Patricia Davidson Conservative Sarnia—Lambton, ON

Thank you, and again thank you very much to both of our witnesses today.

I just have a couple of questions.

We talked a little bit about—maybe it was Ms. Brown who talked about it—the no-fly lists and the gentleman in question being placed on the American no-fly list. Are those no-fly lists shared? That's one question. Would we know that as a Canadian group?

And what established relationships do you have, Dr. Kendall, or would Canada have with the border states to address reportable diseases crossing the border? Is there a good system in place to address that? And does B.C. have similar relationships with other countries, for example, Asian countries? I would think that you probably have a fair amount of travel between Asia and certain areas of B.C.

The other question I had for anybody who can answer is this. It's my understanding that section 34 of the new Quarantine Act is currently not in force, waiting for adoption of Bill C-42. So how does that affect Canada's ability to respond to a public health threat at the border?

May 30th, 2007 / 3:50 p.m.
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Medical Consultant, Biological, Environmental and Occupational Hazards Directorate, Institut national de santé publique du Québec

Dr. Monique Douville-Fradet

Okay.

Your committee is currently studying Bill C-42, an Act to amend the Quarantine Act, in order to make it consistent with the International Health Regulations which will soon come into effect. There is some question as to the government's intention in correcting the problems posed by the wording of section 34 of the Quarantine Act, which has to do with the obligation of conveyance operators to report the death or illness of a passenger when they cross the border. I will not read this section to you, but we may refer to it if necessary.

The Institut national de santé publique du Québec, whose mandate includes support to public health decision-makers, was asked to appear before you in order to give an opinion on Bill C-42, particularly on the relevance of reporting to someone as quickly as possible and whether or not to include land conveyances in this reporting requirement, in the same way as buses and trains. I will therefore give you the opinion of the Institut national de santé publique du Québec.

I would like to say that I am a medical examiner at the Institut national de santé publique du Québec. I am also a medical public health specialist and I work on the monitoring and control of infectious diseases.

We would like the reporting to be done as soon as possible through an intermediary, to quarantine officers, before the vehicle arrives at its destination. We believe it would be judicious to report any problematic situation as soon as possible, before arrival at destination, as that would perhaps allow us to advise on the measures taken onboard in order to minimize transmission, where that is possible, and to be able to properly prepare for arrival. It is particularly in this regard that we know improvements can be made.

As for the limitation on the kinds of conveyances described, I know that an amendment proposed to replace the words "all conveyances" with the words "air and watercraft... and prescribed conveyances". The intent was therefore to exclude land conveyances such as buses and trains. As a result, when we talk about buses and trains, we are only referring to cross-border traffic of conveyances coming from Canada and the United States.

We believe that the obligation to report should extend to all commercial vehicles, insofar as this is possible. I will expand somewhat on this subject—because we went a little bit further in our opinion that we submitted to you—I'm talking to you about the relevancy of having quarantine services at Canada/U.S. border crossings. If they are offered onboard aircraft and in trains, must they absolutely also be operated at border crossings?

First of all, I would reiterate what my colleague Perry Kendall said concerning the assessment of the risk of transmission of a targeted disease in Canada, coming from the United States. You must understand that the wording of the Quarantine Act is not very clear as to the kinds of problems it is targeting. It concerns the reporting on any reasonable grounds the operator may have that a person, merchandise or other things onboard a conveyance might risk spreading a communicable disease that is listed in the schedule, that a person onboard is deceased or that some other circumstance provided for in the regulations exists. In my opinion, this is not very clear.

Schedule 2 of the International Health Regulations is a bit more specific as to the kinds of issues that must be studied. I therefore included this schedule in the document, so that what we are talking about is very clear. Even if you do not have it before you, I will discuss these diseases. You will therefore be better able to follow.

In fact, these would be reportable diseases in every jurisdiction of North America. Among the diseases listed in this schedule, some, like smallpox, polio, avian flu—it says "pandemic" in my notes, but it should say "avian"—cholera, pneumonic plague, yellow fever, hemorrhagic fever, do not pose a major risk. This is because in most cases, the transmission of these diseases is extremely rare if non-existent in North America, given that the absence of causal agents or the public health measures that are already in place. We cannot imagine that this could happen in that way here at home.

Other diseases identified in the regulations are rarely seen, even though they do exist in North America and are susceptible to transmission. Public health authorities in Canada and the United States are well trained to diagnose and deal with these cases, as well with contact with meningococcemia, for example, which we discuss in the document. West Nile virus is not transmitted from human to human. It is only transmitted through contact with the blood or organs of an infected individual or through breast milk, which is not what we are discussing here.

Finally, there may be new entities with a highly contagious potential that could emerge and be added to the list. I am sure that the diseases that are of the most concern are no doubt those that are transmitted by respiratory route, and given the high level of transmission by respiratory route, these are probably the diseases that would most likely be added to the list we are discussing. We must understand that the severe acute respiratory syndrome, or SARS episode, and the efforts that are currently under way to prepare Canada for a potential influenza epidemic, have allowed for greatly improved monitoring of these entities. There are many monitoring mechanisms that have been put into place for severe acute respiratory diseases, both in the United States and in Canada. In English we call them

SRI, severe respiratory infections.

Were a patient presenting such symptoms to arrive at a hospital emergency room, the patient would be isolated and public health authorities would be contacted within minutes.

I would now like to talk about our ability to detect and deal with these problems. In order for such a health problem to be detected, one needs to have a sufficient length of time for observation—I would refer you to Dr. Kendall's comments on this issue—and the clear presence of evocative clinical symptoms. The kinds of symptoms one would look for would be fever, difficulty breathing, persistent diarrhea and others. It seems to us that these symptoms are not very specific, which means that one could not identify a potentially contagious disease of such seriousness at the outset that would justify in and of itself having quarantine officers present at every border crossing. You must understand that these are very common symptoms. Dr. Kendall talked about seasonal flu, for example, etc., and that is indeed the case.

Furthermore, it is quite unlikely that a person who is already in such a precarious state would be able to board a conveyance unnoticed. When it is obvious that the state of a passenger is rapidly declining, the vehicle would likely be stopped and transportation to the nearest hospital organized. Given the non-specificity of the symptoms and the available diagnostic abilities, the intervention of quarantine officers is therefore limited, especially since these services are located at many border points of entry. In most cases, a medical diagnosis will be necessary, which makes the transfer of the patients to specialized facilities mandatory.

We have a proven safety net. The illnesses that are of concern to us are already reportable diseases and Canadian medical authorities are well aware of the need to alert the public health authorities, as quickly as possible, of any suspicion of this kind of health problem. In fact, an on-call system covers all public health emergencies 24 hours a day. The system exists at the national level as well as in each of the provinces and territories.

You may have the impression that I was listening to yesterday's news, but I wrote my text well before that. In fact, it does sometimes happen that a person suffering from meningitis or with an acute case of tuberculosis has significant contacts, for example with passengers in an aircraft. When the case is diagnosed at emergency, it is immediately reported to public health authorities. The significant contacts are identified, found, and prophylactic medication is prescribed to them in order to stop any transmission. The cases may be referred to the interprovincial level and from Canada to the United States, or even elsewhere in the world. The Enhanced Severe Respiratory Illness Surveillance Plan represents another bulwark against the transmission of an emerging respiratory disease.

Quarantine officers are placed at border points that appear the most important to us, that is to say airports and ports that could be receiving international passengers coming directly from points of departure outside of North America. It seems a judicious choice to us, given the more obvious risk of presence of this type of communicable diseases, of the significant volume of travellers coming directly from countries at risk and the capacity for the development of an epidemic situation over the course of a long voyage, for example on a ship.

The situation does not seem comparable to us in the case of land conveyances, given the nature of the risk posed by those passengers and the shorter exposure time. These would be very costly measures that would produce very modest benefits, particularly, as is the case here, when the risk is minimal.

In conclusion, we can only support rapid reporting of health problems that arise aboard commercial conveyances, whatever the kind of vehicle, but only where this is possible. Such a measure could allow for a minimization of the spread and for the organization of case management services. The risk of the spread of disease that concerns us exists when an individual crosses an intercontinental border. This is however very rare. The risks of transmission are even smaller when we are talking about a Canada/U.S. border crossing. The quarantine services' ability to detect and manage the case is limited.

The setting up of quarantine services at all border crossings does not seem justified to us, given the rarity of significant cases, the multitude of border crossings that would have to be covered, and the ability to detect and handle these cases and the costs this would incur. There is a 24-hour public health on-call service that is available across Canada and the United States that can respond to this rare demand. The setting up of a communications mechanism between the public transportation authorities and Canadian emergency services would allow the authorities to have access to this on-call system should it be necessary.

May 30th, 2007 / 3:45 p.m.
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Provincial Health Officer, Public Health, British Columbia Ministry of Health

Dr. Perry Kendall

Thank you very much, Mr. Chair and honourable members of the committee.

I thank you for the opportunity to appear on the matter of amending section 34 through Bill C-42. I am the provincial health officer, so I'm the chief medical officer of health for the province of British Columbia. I'm here on behalf of not only myself but the three chief medical officers of health of the public health system for the health regions in British Columbia that have contiguous border crossings with the United States. They are Dr. John Blatherwick of Vancouver, Dr. Paul Hasselback of the Interior Health Authority, and Dr. Roland Guasparini of Fraser.

We want to speak on the matter of amending Bill C-42. I've read the transcripts from your last meeting and I understand the desire to increase security and provide security to Canadians from threats of communicable diseases being imported across the border. But I do not believe that a requirement to mandate an advance notice for land conveyances will actually add any modicum of additional security to the system we have. It will perhaps give the appearance of increased diligence, but it has the potential to divert public health resources away from other tasks they would be doing.

What I think is needed to enhance the general security for public health for importing public diseases is a better and increased public health surge capacity within provinces and territories, and the completion of the build of electronic health records and the communicable disease surveillance system that is currently being developed. I say this because, in all honesty, looking at SARS and our experience with imported diseases, we're most likely to recognize or need to recognize imported illnesses or new illnesses in emergency rooms or hospitals. The chance of picking something up at the border is infinitesimally small.

So our effective public health response is going to require rapid recognition and diagnosis, and then response and referral to an active public health system that can do the necessary contact tracing for persons who have been exposed, so they can be isolated or cases can be quarantined. Despite intensive surveillance for SARS during the period we had SARS, no SARS cases were effectively detected via airport or port surveillance.

I think the historical rationale for quarantine on ships worked because the trip travel time was much longer than the incubation period of any of the diseases we were concerned about. I think this is more dubious for air transport travel time because it is often shorter than most of the incubation periods of the diseases we are concerned about. The chances of somebody actually developing an illness and being clinically diagnosable while on an airplane is relatively small. That is why we pick people up before they get on the plane and stop them from getting on, or pick them up several days after they've landed when they've presented at hospitals.

I worry about the requirement for adverse notification of people who might be symptomatic, particularly in wintertime. I'm concerned that reports of influenza-like illnesses, bronchitis, coughs, fevers, etc., would put so much noise into the system that we'd divert resources away to look for this and wouldn't pick up any of the signals of real illness.

That's essentially a summary of the position or advice I might give or ask this committee to consider. I believe you may have received a couple of letters to that same effect from my colleagues who are medical officers of health.