Public Health Agency of Canada Act

An Act respecting the establishment of the Public Health Agency of Canada and amending certain Acts

This bill is from 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 has also written a full legislative summary of the bill.

This enactment establishes the Public Health Agency of Canada to assist the Minister of Health in exercising or performing the Minister’s powers, duties and functions in relation to public health. It also provides that the Governor in Council may make regulations respecting the collection and management of public health information and the protection of confidential information, including personal information. It also makes related and consequential amendments to certain Acts.

Similar bills

C-75 (38th Parliament, 1st session) Public Health Agency of Canada Act

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.

Bill numbers are reused for different bills each new session. Perhaps you were looking for one of these other C-5s:

C-5 (2021) Law An Act to amend the Criminal Code and the Controlled Drugs and Substances Act
C-5 (2020) Law An Act to amend the Bills of Exchange Act, the Interpretation Act and the Canada Labour Code (National Day for Truth and Reconciliation)
C-5 (2020) An Act to amend the Judges Act and the Criminal Code
C-5 (2016) An Act to repeal Division 20 of Part 3 of the Economic Action Plan 2015 Act, No. 1
C-5 (2013) Law Offshore Health and Safety Act
C-5 (2011) Continuing Air Service for Passengers Act

Votes

June 20, 2006 Passed That the Bill be now read a third time and do pass.
May 8, 2006 Passed That the Bill be now read a second time and referred to the Standing Committee on Health.

Public Health Agency of Canada ActGovernment Orders

May 2nd, 2006 / 1:10 p.m.

Liberal

Carolyn Bennett Liberal St. Paul's, ON

Mr. Speaker, we knew that the bill was just the framework to establish the agency and to ensure that within the bill there would be the flexibility to go forward in terms of regulations. We would want the bill to go forward in a way that would be fair, transparent and would get the job done. I think that the bill does that job.

However, we also need to look forward to the kind of work that will done by the health committee. As we move forward on regulations we must ensure that everything that needs to be done is there. However, the main thing that we will need to fight for will be the resources to ensure this is done properly because way too many resources are proportionately on the health care side as opposed to keeping people well.

I hope that in the future we will be able to have a way of looking at all government department responsibilities for the health of Canadians. The World Health Organization is now talking about this kind of thing and we have seen it in Quebec. Perhaps we should look at a health impact analysis of all government policies and budget items to ensure that everything we do that has an impact on the health of Canadians is recognized. That will require a whole of government response and not just what is in the purview of the Public Health Agency.

Public Health Agency of Canada ActGovernment Orders

May 2nd, 2006 / 1:15 p.m.

NDP

Pat Martin NDP Winnipeg Centre, MB

Mr. Speaker, the member for St. Paul's was of course the former minister of public health. Does she think that the Public Health Agency perhaps may have dedicated more time to issues of preventative medicine had it not been preoccupied and seized with things like SARS, mad cow and Asian flu?

In other words, epidemics and pandemics seem to take the priorities and energies from the new Public Health Agency and leave very little time or resources to deal with things like banning trans fats, which I approached her with early on. She cooperated in dealing with that public health issue. There were issues like banning pesticides which her colleague from Ottawa used to push aggressively.

It seems to me that as a nation, in dealing with public health, we embraced the idea, but we were knocked off the game plan by unforeseeable things like SARS. Would the member care to comment on the dual role the agency could and should have?

Public Health Agency of Canada ActGovernment Orders

May 2nd, 2006 / 1:15 p.m.

Liberal

Carolyn Bennett Liberal St. Paul's, ON

Mr. Speaker, that is an excellent question. I think the agency really has almost three responsibilities related to infectious diseases, chronic diseases, as well as emergency preparedness. That it is always seen as a zero sum game. If we actually need to be moving forward on infectious diseases or pandemic preparedness, it is seen as though we might be taking resources from another area.

I think that the job of the government is to move forward on all of these issues and to ensure that they are properly resourced. The $300 million that we placed in last year's budget on integrated disease strategy was, and we knew, only a down payment. We know that we need more money for that.

The member has dealt extraordinarily well with the issues relating to the epidemic of heart disease and the epidemic of obesity. How we actually look to the future on the issue of diabetes is going to be hugely important and must be dealt with as its own epidemic.

It is interesting that the New York State public health department has now designated diabetes as a reportable disease, meaning that even though it is not an infectious agent, it is a contagious agent that is social. We need to understand that pockets of diabetes can be tracked and can be dealt with in a public health strategy in the same way as we would deal with any other outbreak of a disease cluster. We must deal with it in that way. Otherwise, this will be the first generation of kids who will not be able to look forward to living as long as their parents and for that we cannot sit still.

Public Health Agency of Canada ActGovernment Orders

May 2nd, 2006 / 1:15 p.m.

Charleswood—St. James—Assiniboia Manitoba

Conservative

Steven Fletcher ConservativeParliamentary Secretary to the Minister of Health

Mr. Speaker, I would like to thank the member for her comments and also wish the member success in any future endeavours she may have on a larger scale.

However, on the issue of the bill, the previous government waited until the dying days of the government to introduce this legislation. Looking at it from a historical perspective, it only received first reading after a number of years of being an order in council.

This government is acting swiftly to bring it forward and we appreciate the opposition's support. I wonder a bit however about the history.

As the former minister for public health in the previous government the member was very supportive of federal involvement in providing swimming lessons for young people. I wonder if the member still believes that the federal government has a role in providing swimming lessons.

Public Health Agency of Canada ActGovernment Orders

May 2nd, 2006 / 1:15 p.m.

Liberal

Carolyn Bennett Liberal St. Paul's, ON

Mr. Speaker, I thank the member for his support. He would need to take out a Liberal membership and I look forward to that.

In terms of the chronology, this was a very interesting project in terms of getting it from the order in council into an actual bill, but we are there now. As many of the speakers have said, this was a very challenging issue in terms of identifying the dual role for the Chief Public Health Officer of Canada to actually speak to Canadians as well as having deputy level status. That has been a hugely important first step and we are thrilled that this is coming forward. We are proud to support this bill.

Yes, I do think every kid in Canada should know how to swim. I hope the government is able to move forward on the healthy schools initiative in which all the deputy ministers of health and education across the country have come together to look at the kinds of things that we can do better together than apart. I hope that the swim to survive program of the Royal Life Saving Society is supported by as many jurisdictions as possible and I hope the Conservative government will help them do it.

Public Health Agency of Canada ActGovernment Orders

May 2nd, 2006 / 1:20 p.m.

The Acting Speaker Royal Galipeau

Resuming debate. I recognize the hon. member for St. Catharines, who will be happy to know that this debate is about the Public Health Agency of Canada Act and not about floor crossing.

Public Health Agency of Canada ActGovernment Orders

May 2nd, 2006 / 1:20 p.m.

Conservative

Rick Dykstra Conservative St. Catharines, ON

Mr. Speaker, I will keep that very much in mind.

First and foremost, this is my first opportunity to rise and address the House as a member of the 39th Parliament. I would like to take a moment to thank the people of St. Catharines and all those who worked so tirelessly in our community to allow me the opportunity to represent St. Catharines in the House of Commons.

It is a pleasure to rise and speak to this piece of legislation, one designed to improve public health in this country. The health care of our citizens, and particularly the people of St. Catharines, is an issue near and dear to my heart.

Members may know that my community is currently in the process of securing the construction of a new hospital. This hospital is planned to include a regional cancer centre and this new facility would provide state of the art health care for thousands of people in my community and allow newborns, such as Isaiah Thomas Dykstra, to get their lives started out on the right foot.

Of course we are not here this afternoon just to talk about new hospitals or the need for more family doctors. I am sure I will have plenty of time to address these issues in future debates.

As we indicated in our Speech from the Throne, our new government is committed to building a better country. We need a stronger federation in which governments at all levels come together to help Canadians realize their full potential. This includes working with the provinces and territories to protect and promote the health care of Canadians. This is why Bill C-5 is about taking action. It is a critical step in our new government's effort to promote and protect the health of Canadians.

My riding of St. Catharines is very close to our border with the United States. In 2003 when we were faced with the SARS outbreak, I watched at first hand the impact it had on the province of Ontario. As a Niagara parks commissioner, I saw the parks commission fall into a deficit position for the first time since World War II. The deficit was directly on account of the slowdown in tourism resulting from SARS. This speaks to more than just a financial deficit. It speaks to a deficit motivated by fear. That deficit represented the belief of many Canadians and Americans alike that their health and well-being were at risk.

What Bill C-5 represents is what we have learned. We have learned that we must be prepared to assist Canadians in the worst of times and we must be able to provide the international community with the assurance that we are able to protect the health and well-being of our citizens.

Providing a statutory foundation will give the agency and its Chief Public Health Officer parliamentary recognition. Dealing with health care and its issues is as old as our country itself. In 1867, Parliament was granted exclusive jurisdiction over quarantine and marine hospitals, while the provinces were granted exclusive jurisdiction over the establishment, maintenance and management of hospitals. Since that time, the federal government has had responsibility for quarantine at our borders and over the management of infectious disease outbreaks. This power has two branches: an emergency branch and a national dimensions branch.

This history has helped lead us to Bill C-5, a bill that allows for the establishment of the Public Health Agency of Canada and the confirmation of a Chief Public Health Officer. Our Minister of Health understands that. The minister witnessed the SARS tragedy at first hand and he understands the importance of granting the Chief Public Health Officer the authority to communicate directly with the public. The public health officer must be able to provide the public with information about public health, including enduring a health emergency. In my eyes, this is a key component of Bill C-5.

We all know that diseases do not respect borders. Therefore, it is imperative that our lines of communication be open, not only within our own borders but with our colleagues in other countries, including countries such as Australia and the U.K., which already have a chief medical officer in place.

In response and leading up to that, we are moving forward with Bill C-5, which is not only a measure to improve our ability to protect the health and well-being of Canadians, but a measure to show our neighbours and people throughout the global community that we understand the serious nature of public health threats as they exist in today's world. I can confirm that our new government is prepared to take the action necessary to protect our people and those who visit our country.

This notion of borders brings me to another interesting component of Bill C-5. As many hon. members will know, the Canadian health agency currently maintains the national emergency stockpile system. This system provides emergency supplies quickly to provinces and territories, including the necessary pharmaceuticals.

I feel I should take this opportunity to recognize the ongoing efforts of a small pharmaceutical company in my riding that is working tirelessly to break down the borders and help fulfill this mandate in the event of a flu pandemic. A small company by the name of Biolyse Pharma has been working tirelessly to develop a drug equivalent to Tamiflu in order to combat the avian flu. There are companies such as Biolyse that face many challenges, but their efforts should be commended across the country. I look forward to working with them.

I would like to make one final point. This bill is representative of what our new government is all about. It is focused, it is direct, and it does what it is supposed to do. Bill C-5 contains only a preamble and 24 clauses, but it is focused on protecting the health and well-being of Canadians. It delivers what Canadians expect: a stronger, safer and more secure health care system.

Public Health Agency of Canada ActGovernment Orders

May 2nd, 2006 / 1:25 p.m.

Liberal

Robert Thibault Liberal West Nova, NS

Mr. Speaker, I would first like to welcome the member and colleague to this House. I hope that, like us all, he will find the time he spends here worthwhile.

I want to thank the member for his work. I am pleased to see that he supports this bill, which he calls very direct and indicative of the actions his government intends to undertake. I am pleased if it is, because it is our bill. It is a bill that we put forward. It follows the Naylor inquiry. It was formed by the governor in council appointment of the Chief Public Health Officer and the agency. I certainly hope that he will support me, as I have mentioned before, in asking his government to properly resource this agency.

One of the areas about which I have some fear is what I heard in the House earlier: that resources in the integrated disease strategy were being reduced. I have to take this as authoritative because it was not contradicted. This integrated disease strategy sought to work with the provinces, agencies and non-governmental organizations on the common causes of diseases such as cancer, diabetes, heart and stroke, all the other respiratory ailments and all these others that are out there in our country and that we are working together on. That strategy no longer appears on Health Canada's website.

In the House and during the campaign, I remember hearing the governing party talking about fully funding the Canadian cancer strategy. I support that and I believe it is a good idea, but part of that falls within the integrated strategy. The governing party has talked a lot about ethics. I believe it would be unethical, even hypocritical, to remove that funding, to not properly fund that integrated strategy. I believe it is important that we work together with all intervenors in our society, provincial, local and non-governmental, on the common elements of all these scourges on the health of Canadians and the public health of our nation.

I would ask the member to please comment on these points.

Public Health Agency of Canada ActGovernment Orders

May 2nd, 2006 / 1:25 p.m.

Conservative

Rick Dykstra Conservative St. Catharines, ON

Mr. Speaker, I think the efforts need to be recognized. I think the member opposite does recognize the crystal clear fact that this bill is sitting in front of us today not because it was or was not defeated with the election call, but because it is a priority of this government. We can take one step forward in understanding that the reason it is here is the critical role it plays from this government's perspective, as it did when we were not in government. We certainly supported the bill then and we are now moving forward with it under the pretext of having it as one of the first bills introduced by this government.

Where I do question the perspective of the member opposite is that under the former Liberal government the bill sat for over a year without being passed or even considered. With all due respect, it was acted on, but never through government legislation. It was always a piece that stood to the side. With all due respect to the work and the efforts of those who work within the context of this agency, it was never recognized here in the House. I think we should applaud the fact that one of the first steps this government is taking is to make sure this bill is here in the House and is being debated and will of course be passed.

Public Health Agency of Canada ActGovernment Orders

May 2nd, 2006 / 1:30 p.m.

NDP

Pat Martin NDP Winnipeg Centre, MB

Mr. Speaker, I would like to ask my colleague from St. Catharines for his view on one of the most obvious public health concerns that we can do something about and that even in the context of this agency we could do something about, and that is the fact that Canada is still the third largest exporter and producer of asbestos in the world.

In fact, much of Canada is contaminated with Canadian asbestos. There is a recent outbreak that is being noted in the Cape Breton region of Nova Scotia, where public housing is being abandoned because of the Canadian asbestos in the walls. Yet the government continues to promote, support and subsidize asbestos mines; in fact, 120 foreign missions paid for by the federal government in 60 different countries by the Canadian asbestos industry, paid for by the government dumping this stuff into the third world.

Would he agree with me that his government should stop subsidizing this, should stop being merchants of death and contaminating developing nations in third world countries with Canadian asbestos? Would he agree that the asbestos industry should be shut down and that his government should stop subsidizing it in the interest of everyone's public health?

Public Health Agency of Canada ActGovernment Orders

May 2nd, 2006 / 1:30 p.m.

Conservative

Rick Dykstra Conservative St. Catharines, ON

Mr. Speaker, I certainly cannot speak to the overall direction that our government plans to take with respect to the issue the member has put forward, but based on the energy and enthusiasm that he displayed in putting forward his question, I would love to sit down with him and talk about this matter further to get a clearer understanding of the direction he believes we should take. I certainly would endeavour to do that.

Public Health Agency of Canada ActGovernment Orders

May 2nd, 2006 / 1:30 p.m.

Conservative

Ron Cannan Conservative Kelowna—Lake Country, BC

Mr. Speaker, I listened with great interest to my hon. colleague from St. Catharines and appreciate his words on this important bill before us today.

I come from Kelowna—Lake Country, the home of Firestorm 2003, the national disaster. The fires of August and September 2003 saw 30,000-plus people evacuated from their homes safely. There were no fatalities. At that time, we fortunately had a regional plan, a provincial emergency plan, albeit with some flaws, but we learned a lot from it.

Of course, Mr. Filmon had a national name and there was a presence to his report, which helped solidify things with our B.C. fire chiefs. In that recommendation was the need for a coordinated approach. Specifically during the fire, our fire chief, Gerry Zimmerman, was the credible, trusted voice during that national emergency. That is definitely something we need during a national crisis.

I have a question for my hon. colleague. While professional leadership and integrity are required during a national health crisis, will this legislation allow the Chief Public Health Officer to be the top go-to person during such a health crisis?

Public Health Agency of Canada ActGovernment Orders

May 2nd, 2006 / 1:30 p.m.

Conservative

Rick Dykstra Conservative St. Catharines, ON

Mr. Speaker, I think the member's question speaks directly to the legislation. When enacted, it will allow, in the case of a provincial and certainly a national emergency, our chief medical officer to indeed respond directly. In fact, this legislation enshrines that authority for the chief medical officer, giving him the authority to speak directly to the public about the crisis, to speak about the need to take action and the type of action necessary.

Let me add that over the past number of weeks I think the government certainly has shown that same type of leadership and dedication that our current medical officer has over the past year and a half that he has been in the position, and that in fact when it comes to times of crisis and need, the government will be there and the chief medical officer will also be there.

Public Health Agency of Canada ActGovernment Orders

May 2nd, 2006 / 1:35 p.m.

The Acting Speaker Royal Galipeau

I will advise the hon. Parliamentary Secretary of Health that there are two minutes for both his question and the answer.

Public Health Agency of Canada ActGovernment Orders

May 2nd, 2006 / 1:35 p.m.

Charleswood—St. James—Assiniboia Manitoba

Conservative

Steven Fletcher ConservativeParliamentary Secretary to the Minister of Health

Mr. Speaker, my question for the member is quite simple. The member correctly pointed out that the previous government seemed to take a long time to bring forward this legislation. The current government is doing it in its opening weeks. I wonder if the member could elaborate on why public health is such a big priority for the government when it did not seem to be under the previous government.