Bill C-210 (Historical)

An Act to amend the Canada Revenue Agency Act (organ and tissue donors)

This enactment amends the Canada Revenue Agency Act to authorize the Canada Revenue Agency to enter into an agreement with a province or a territory regarding the collection and disclosure of information required for establishing or maintaining an organ and tissue donor registry in the province or territory.

Canada Revenue Agency Act

[Brian Masse, NDP, Windsor West, ON]

Madam Speaker, I am pleased to rise to speak to Bill C-210, and I also want to commend the work of the member for Calgary Confederation on the bill. There is no doubt that it has been around several times. This most recent effort is commendable given the fact that this Parliament is on an extended tour at the moment, from just the week before when we had confidence votes. Hopefully we will see something take place this time.

I would disagree that this is not a political issue. If it were not a political issue, it would have been done ages ago. If it were not a political issue, it would have been completed in the Senate as opposed to the Senate finding other business to do when there was plenty of time to get it done. The former minister of health, Jane Philpott, and the cabinet voted against the bill saying it was provincial jurisdiction. That is where there needs to be some recognition.

I think the Bloc's intervention was very strong today on this matter, because this is about giving provinces some control and some capabilities and an enhancement of responsibilities. It allows them now, through the Canada Revenue Agency, to enter into an agreement to be responsible for their citizens. It does not make anything have to happen. It provides the course, the window, the opportunity and most importantly the hope for organ donation in this country to go up.

We have heard from a number of different members that we have a low rate. We have a low rate because there has not been enough education. I do not think it has been a normal custom in Canadian society and it has been a struggle for us to get this in hand.

In my municipality, there has been some really good work with the Windsor Regional Hospital and the “Be a Donor” campaign and the Trillium group, but at the same time, we rank very low. I come from an area that has high cancer rates. The high industrial contaminants related to pollution and the type of work we did creates sickness and illness that is beyond some of the norms across this country and North America. Therefore, we would be a recipient of this, but we still struggle to get that message out.

The member for Calgary Confederation deserves credit for bringing this back in a Parliament that might have a shortened life in general because of the conditions of a minority Parliament, but it does provide an opportunity for us to get work like this done. Let us not ignore that the bill did pass very recently in this chamber. It went to the health committee, where it had good support, and then it moved back to the chamber and ended up in the Senate again.

We need to find a way this time to be extra determined if there is going to be all-party support for this on the surface, because the surface does not always show the real thing. Behind the scenes, there could be other things taking place. Hence, that is why we saw the bill die in the Senate last time because it was not seen as a priority.

I know this because I have seen many private members' bills, some I have been the custodian of, that have gone to that place. It is not good enough for the government to blame, like the parliamentary secretary did, the Senate, when the fact is that their work moves further, quicker and faster. That is why we have an abysmal record in this chamber of private members' bills dying a death in the Senate because it did not get dealt with.

It is unfortunate because there are some very excellent senators. Regardless of my feelings with regard to the other chamber and whether it should be democratically elected or not, there are strong, capable individuals who have been appointed. There are strong, capable individuals who have won their election in the few cases there have been. There are strong, capable individuals in the most recent selection process who are working on behalf of Canadians. However, the reality is that there is still political partisanship and games with regard to the ordering and the system in the Senate, which has several layers of committees and groups breaking apart. We cannot ignore that.

How do we actually fix that situation?

We unify even stronger in the House, pass it quickly at committee and get it back here in the chamber, or we could move it through unanimous consent. I will leave that to the member for Calgary Confederation to decide if that would be the appropriate way to go. I would support that because it already had its due diligence and its day here very recently.

It has been well recognized. I will give the government credit for this. There is money sitting right now that could help people and it has been funded. Just as I am critical, I am also very encouraging and respectful of the fact that we have money that is available for a program. In my 18 years here, I do not know many programs like this that would come through as a private member's bill and already have funding sitting on a shelf somewhere. It just cannot be triggered by legislation. I do not think I have ever run across something like that before. It shows there is a sound support structure within our public institutions and bureaucracies to move this along, and that the way this has been done is well respected.

The real holdup at the end of the day is us. The real holdup is Parliament through process. The real holdup is the Senate. What is behind the times and lagging and failing people right now is us as an elected body and the other place, which have to deal with this to get royal assent to get this done.

Everything else has been done to save lives, and they count for anyone, the two-year-olds and 30- and 40-year-olds. I have seen these cases because I served them when I was formerly an employment specialist on behalf of persons with disabilities.

When somebody got an organ transplant, I saw what it did for their life. Not only did it give them hope and opportunity for themselves and the immediate circumference of their friends and family, but it also led to what I did as an employment specialist, which was help them find employment in the community. There needs to be some work on and recognition of that because it benefited not only the individuals, but also the people introduced to this person who had had this second chance at a full life. When employment was added to their curricula of activities, they become taxpayers and contributed back.

We see that these people have not only a recognition of what they have gotten from the community, but also a respect for the unconditional love that was provided when somebody filled out a form and gave them that gift. We see that not only through their emotions and their eyes, but also through their gestures.

Most recently, we had in this country the Kidney Walk. With COVID-19, we cannot do walkathons the way we would normally do them because of social distancing. The organizers of the Kidney Walk put a process in place where people got their shirt and a pin with their number on it, as I did. They then put them on and went out, wherever they wanted to, by themselves to find their walk. It was fun.

It was different because people reflected on it. I have done a lot of walkathons over the years, but this was really different. I was out by myself, just thinking about it. They said to pick the time, whenever, and just a few weeks ago, Canadians raised over $600,000 on that alone, despite everything. The people involved are often people who have had an organ transplant, or they are a family member or somebody else associated with them.

The legislation being presented here, as I noted earlier, has been around for many years. I noted the Liberal member who originally put forth a bill related to this was Mr. Lou Sekora in 1999 and 2000, just prior to my coming to this chamber. To suggest that we have unanimous support for this and that we actually have no politics behind it is not right, because it never got done.

I do not want to go back on a blame train with regard to why it did not take place with Judy Wasylycia-Leis, Malcolm Allen or, most recently, Liberal members, who introduced it and then saw cabinet vote against it. What I want to do is recognize that, because it is a potential pitfall we could face going forward to get this done. Let us not ignore that.

We can have these moments in this chamber when we feel good about coming together to speak about this, but if we do not get the job done, then we are part of the problem and not the solution. If we keep talking about this, with its real human existence connection among children, adolescents and seniors, then we have an obligation to follow through with those words to make sure the deed is actually done. We have to give the government credit for the fact that there is money on the shelf waiting for this, and it actually could help people right away.

If we look at Australia, Belgium and Spain, we see the results. When we move to a system like this with discussion about it and also inclusion, the numbers for organ donations go up because people feel better educated about it. They know that the process has been fully vetted through their parliamentary system and their democracy. They know there has been inclusion and consultation, such as what we had at the health committee before.

However, again, if we do not actually move on this, if we just give it lip service and do not have a plan to get it done, especially in a Parliament that potentially has a limited time, it could happen or maybe it could not. While maybe this Parliament will go on, as I have seen some minority governments go on for years, we all know the terms and conditions that we have right now.

As I conclude, I want to thank the member for Calgary Confederation and all the members who intervene here, but it is only worth something if we get it done. If we do not get it done this time, then we are just part of the problem that goes back to 1999.

[Len Webber, Conservative, Calgary Confederation, AB]

moved that Bill C-210, An Act to amend the Canada Revenue Agency Act (organ and tissue donors), be read the second time and referred to a committee.

Mr. Speaker, it is an absolute honour to finally rise again in the House and speak on my private member's bill, Bill C-210.

I first introduced this bill four years ago almost to the day back in October 2016. Back then, it was Bill C-316, which passed unanimously at every stage of the process. Unfortunately, in spite of the widespread support for the bill, it died in the Senate when the 2019 election was called. It was incredibly disappointing, of course. A lot of people worked on this bill with me; stakeholders and friends back home. It was incredibly disappointing, but what can one do? It is just the way it is, the way the cookie crumbles, as my daughters would say, and one just has to move forward.

Fast-forward to December of last year to the private members' business, PMB, lottery date. I clearly remember watching the draw. The Deputy Speaker, the hon. member for Simcoe North, walked into the room with his robes on, and it was really quite formal. He sat in the chair, and there was a big cookie jar with all of our names inside. The Deputy Speaker stood up, picked out a name and, sure enough, it was mine. I was just elated. It was fantastic. Coming from Calgary, I yelled out a “yahoo” Calgary Stampede-style. It was a good feeling, and clearly a divine intervention. I knew then that I had to reintroduce this bill, and so Bill C-316 has now been resurrected as Bill C-210. Here we are today in second reading, and we have this rare opportunity to re-pass this legislation to hopefully and certainly save some lives.

For those who may not already know, I have been a long-time advocate of organ and tissue donation in Canada. In fact, several years ago, I passed a bill in the Alberta legislature as an MLA, which resulted in the creation of the Alberta organ and tissue donation registry. The bill also put in place some strong and robust education and awareness programs that have included adding donor hearts to our Alberta driver's licences.

The reality is that 4,600 Canadians are still awaiting a life-saving transplant, and we need to do more to find those critical matches to save lives. This is an issue that transcends political lines and offers us, as parliamentarians, the opportunity to make a difference in every corner of this country.

It is disappointing that while over 90% of Canadians say that they support organ donation, only 20% have actually registered on their provincial or territorial registries. Every year, this country sees hundreds of people dying waiting for a donor. Sadly, Canada has one of the lowest donation rates in the world. A single donor can save the lives of up to eight people, and a single tissue donor can help up to about 75 individuals.

My Bill C-210 proposes a very simple and effective method to increase the size of the organ donor base here in Canada. It would also help update existing databases but, most importantly, it would save lives. I am proposing that we use the annual income tax form to ask Canadians whether they would like to register as organ donors, and whether they consent to have this information passed to their provincial government for addition to its existing organ donor registries, and that is it. This is a very simple bill that would add the very simple question to our income tax forms. The federal government would simply collect the data and pass it on to the provinces.

We would not be encroaching on provincial jurisdiction because we would not be setting up a federal registry. That was already tried once in this House, back in 2015, by the hon. member for Edmonton Manning in his PMB. He wanted to create a national organ and tissue donation registry. It failed in this House, due to the fact that the government cited jurisdictional encroachment.

This bill would provide the information to the provinces. The provinces would use that information as they see fit. The provinces would still maintain their own lists. We would just be supplying them with that data.

The tax form, by law, is restricted to collecting data for the purposes of taxation only. That is why it is required to amend legislation to allow for this common sense approach to a national problem. I modelled my bill on the successful inclusion on the income tax form of the question that asks Canadians if they want Elections Canada to be kept informed of their current information. That question is on the first page of the form. My bill has been crafted in keeping with that successful precedent.

This proposal is so simple and could be implemented so quickly. The federal government, via the Canada Revenue Agency, already successfully shares data every day with all the provinces and territories via encrypted networks with strong and reliable privacy safeguards. In addition, the existing infrastructure at the CRA would support this change at virtually no cost. The CRA already shares dozens of data fields of information on every taxpayer with the provinces and territories and this would simply be one more data exchange. The income tax form is a way to update this information annually, via a legally binding document. Thus, it would allow for provincial lists to remain current and relevant year after year after year.

Before I go any further, I would like to thank the 20 members of Parliament from all parties in this House who have come forward to officially second my bill. That is a rare occurrence indeed; it has happened twice. It happened in my last bill as well, which was not successful.

This extraordinary non-partisan approach demonstrates how a sensible idea can bring us together as a House to improve the lives of Canadians. This collaborative approach also extended to the health committee. I served on that committee in the last Parliament, along with nine of my colleagues, one of whom is looking over here right now and giving me a big smile. They have been extremely supportive of improving the organ and tissue donation situation here in Canada.

The health committee conducted a study and tabled a report on organ donation with several recommendations. The committee specifically wanted to know what role the federal government could play in strengthening Canada's organ donation and transplantation procurement system. One of the key recommendations in that report deals directly with a debate that we are having here right now. If this bill is passed, it will fulfill that key recommendation.

I also want to thank the government for taking the rare and possibly unprecedented step of allocating funding for this initiative before it has even passed in this House. That is a fact. We have the will, we have the funding, and now all we need is our reapproval here in this House.

This is not a political issue. It is a human issue. Any one of us could be in need of donor organs or tissues at any time. Just asking the simple question could increase the number of donors. Donor registration jumped 15% in British Columbia when drivers were asked directly at licencing locations across their province if they wanted to be donors. They are also doing it in Alberta, as a result of a bill that was passed when I was an MLA there. Imagine what we could do on a national scale with the income tax form.

As I mentioned, the Canada Revenue Agency has already been allocated the funding for this purpose, but needs the law changed so it can proceed. While some methods used by provinces and territories, such as drivers' licences and health care cards, help register donors, none has as far a reach as the income tax form. The existing voluntary online method of registering is neither proactive nor fully effective. For example, those who move from one province to another rarely update their information. The income tax form approach overcomes these common problems.

Stakeholders have been universally supportive of the bill and the thousands of affected families with loved ones on waiting lists will welcome this additional help. One stakeholder, the Ontario Trillium Gift of Life Network, is the largest registry in Canada and its CEO, Ms. Ronnie Gavsie, said:

...we would support creating an opportunity for Canadians, when filing their income tax returns, to register their consent for organ and tissue donation.... The online income tax return becomes a gateway and an annual reminder to drive Canadians to organ and tissue donor registration.

We share with you the goal of substantially improving awareness of organ and tissue donation and improving health of Canadians by increasing the number of life-saving transplants.

I thank Ms. Gavsie for sending that.

Also, the federal agency responsible for organ donation is Canadian Blood Services and its vice-president, Dr. Isra Levy, said, “Just like our colleagues, we support a transactional touchpoint that will raise awareness, especially if it leads to the conversation.... But for sure this is to be welcomed.”

Elizabeth Myles of the Kidney Foundation of Canada wrote to the Prime Minister expressing the foundation’s support for this change. Dr. Amit Garg of the Canadian Society of Nephrology, a society of physicians and scientists specializing in the care of kidney disease, and Dr. Lori West of the Canadian Donation and Transplantation Research Program in Edmonton have also expressed their strong support for the bill. The list goes on. Support for this legislation reaches far and wide across the country and into every community.

In conclusion, we have the opportunity to leverage the resources of the federal government to help our provincial and territorial partners improve their registries. I hope we seize the opportunity and run with it. I and, most importantly, the 4,600 Canadians awaiting life-saving transplants hope we can count on all MPs for their support. We have shown leadership in the past by passing this bill unanimously at all stages, so I call on the members of this House to do the same. This bill got a rare second chance and I hope we can pass it so that people in dire need of the gift of life can get a second chance as well.

[The Chair, Liberal, Ginette Petitpas Taylor]

No. Thank you so much for that. That's great.

Perhaps now we can proceed through each item. To be efficient with our time, we could maybe just go through them item by item, and if there are no questions or comments, we can dispose of them fairly quickly. We'll be able to address the ones for which there is debate.

Does that sound appropriate to everyone?

We'll start off, then, with Bill C-210. Does anyone have any issues or comments about that one? No.

Next is Bill C-238.

I see there are no comments, so we'll move right along to Bill C-224. Good.

Next is Bill C-215. No comments.

Next is Bill C-204, and now Bill C-229.

I'm not going to jinx it, but we're on a roll.

Now we have Bill C-218 and a motion, M-34.

Next we have Bill C-214, Bill C-220, Bill C-221, Bill C-222 and Bill C-213.

I love working with women.

Next is Bill C-223, followed by M-35.

Now we have Bill C-206, Bill C-216, Bill C-208, Bill C-205, Bill C-237, Bill C-225, Bill C-228, Bill C-236, Bill C-230 and Bill C-232.

Proceedings of the House and Committees

[James Cumming, Conservative, Edmonton Centre, AB]

Mr. Speaker, it is a great pleasure to follow that very impressive intervention.

I will be sharing my time today with the member for Thérèse-De Blainville.

It is a great honour for me to rise today and debate this motion on the floor with my colleagues, but I want to start by talking a bit about my staff that is serving the great constituents of Edmonton Centre. Edmonton Centre is an urban centre that has certainly been impacted by COVID, and the work that they have put forward is quite remarkable. Along with my responsibilities as shadow minister for small business and export promotion, I have the added burden of trying to work through the issues with small businesses and trying to help those small businesses that are struggling throughout the country.

I also want to talk about the people who have had to make adjustments in this very difficult time. I have a very personal story on that. I have a son, Garrett, who has Duchenne muscular dystrophy. Garrett has been struggling through this difficult time with COVID, but he has managed to complete his masters in global security online. It proves to me that we can do remarkable things when we set our minds to it.

If Garrett were here today, he would tell members that I am his voice, and he believes I should be here debating legislation. He would tell me that is why I am here. That is what I should be doing: not serving on a committee, but debating legislation. That is important to him, and it is important to my constituents.

Conservatives have been calling for Parliament to get back in a full way to be able to debate legislation. Of course we want to do it in a healthy way, following all the particular guidelines.

This proposal by the Liberals is an improvement from what we heard before, but it still fails in that it does not allow us to debate legislation. With that, we miss other things. We miss opposition days. We miss emergency debates. We miss the opportunity to debate private members' bills, order publication of government documents and debate and vote on committee reports. We also do not have all the committees sitting, so it is not full Parliament: It is a committee.

On the notion of private members' bills, it is incredibly important for members here, and particularly for new members like me, to be able to put forward bills and have them be debated, which we have not been able to do. I happen to be one of the lucky people: I drew sixth in line.

The private member's bill that I put forward, if someone would like to look at it, is Bill C-229. It is a bill that we are really going to need as we come out of COVID, because we are going to have to generate enormous amounts of revenue in this country to try to get back on track. This bill repeals the restrictions on tankers off the coast of B.C. This is an incredibly important issue in my province and for the rest of Canada, because the resource industry in this country has helped to fuel a lot of the infrastructure, a lot of the things that we have come to enjoy and the lifestyle that we have come to enjoy.

There is another important private member's bill. It breaks my heart that we are not able to debate it and see it go through. It was from one of my colleagues who drew the number one spot. It is from the member for Calgary Confederation, on the establishment of a national organ and tissue donor registry in Canada. It is Bill C-210, and I am hoping my colleagues will support it, but we should be talking about it now.

We need tremendous oversight in these times, with what is going on with COVID. That oversight has to include watching the spending of the government. The Auditor General said he needs another $10 million to properly do his job, to make sure that he can audit and do performance audits on those things that are important to this country. We are not able to pass any legislation. The Auditor General should be doing his job, and that oversight is even more important now, because we have heard from the PBO suggesting that there could be $250-billion worth of debt.

In questioning the PBO at committee, the level of confidence on $250 billion is very low. I suspect it could be at a three or a four. It is not just about the money; it is about how the money is spent and being accountable to the taxpayers. That does not even talk about the increasing household debt. It does not talk about the increase in provincial debt and municipal debt.

We need to see a budget. We need to be able to debate a budget, given the stresses of the economy, with a budget that will give a go-forward plan. Currently we do not have a go-forward plan. We have a reaction to the issue, but we need a plan to be able to understand where we are going and how we are going to come out of this.

We need to be able to debate this economic recovery after this first wave of the pandemic. What will happen to investments in the country, both the investments that we have now and the investments that have gone out of the country.

We need to talk about the debt that people are taking on. Almost every program is debt, debt, deferral; debt, debt, deferral. It is hard for businesses. They are going to have a hard time recovering from this.

Small businesses, of which I have been hearing from thousands, are working hard just trying to keep the doors open. These programs for further debt and deferrals are going to hit hard in September. We should be debating these issues. We should be talking about legislation to help those businesses before that happens in the fall.

Another point that the Liberals have been quiet on includes the changes to the Patented Medicine Prices Review Board regulations and especially for patients with cystic fibrosis. These changes incorporate new factors in determining whether a medicine is being or has been sold at excessive prices. The review board's changes would require patented drug manufacturers to significantly reduce their prices, a good thing, but making Canada a less attractive market to launch innovative therapies such as precision medicines that can alter the course of conditions such as cystic fibrosis.

The review board's changes affect private drug plans and patient access to new medicines for Canadians. These changes are currently on track to be implemented July 1. Already registration for new clinical trials have decreased by over 60%, from November 1, 2019 to February 29, 2020, because of these changes. These changes also affected the approval of new drugs, showing a drop of more than two-thirds.

One of the advocates to fight against these changes is Sandy. She lives in my riding. Her 14-year-old daughter, Laura, is battling cystic fibrosis. They, along with thousands of other Canadians, are fighting for access to a new drug called Trikafta, which has shown significant improvements in the lives of people suffering from cystic fibrosis by treating all cell levels and helping with lung performances. While other drugs in the past were treating symptoms, this actually improves lung performance and has been deemed the closest thing to a cure.

The parent company, Vertex Pharmaceuticals, has not yet applied to Health Canada because of the review board's regulatory changes, while it has been ready for approval in the U.S. market since last year. Canadians need access to this life-changing drug.

I want to acknowledge my colleague, the member for Parliament for Edmonton Riverbend, who has been working hard on this issue. These are the sorts of things we should be debating.

I ran for office and I came to this place to debate legislation. That is why I am here. That is what my constituents want me to do. They want me to serve them at home, but they also want me to serve them in this place and debate legislation. Let us get on with it. I know we can do it. I look forward to when we can actually debate legislation again.

Canada Revenue Agency Act

[Len Webber, Conservative, Calgary Confederation, AB]

moved for leave to introduce Bill C-210, An Act to amend the Canada Revenue Agency Act (organ and tissue donors).

Mr. Speaker, I rise today to reintroduce my private member's bill that I had originally introduced in the previous parliamentary session.

Last year, the bill passed unanimously through all stages in the House in just 25 sitting days. Unfortunately, it died on the Order Paper at second reading in the Senate when the election was called. I am here, once again, to introduce this bill.

There are approximately 4,600 Canadians currently awaiting a life-saving organ transplant. While 90% of Canadians approve of organ and tissue donation, only about 20% of Canadians actually have registered consent with their provincial or territorial registries. This is an absolutely unacceptable number, and this is where we can help as parliamentarians.

My bill would assist Canadian provinces and territories in growing and maintaining their organ and tissue donor registries. The bill is simple. It would ask Canadians on their annual income tax return if they consent to having their provincial or territorial government be informed of their desire to be added to their organ and tissue donor registry. It is that simple: a question of consent on the income tax form.

Currently, the Canada Revenue Agency prohibits the use of the income tax form for any purpose other than the administration of taxes. In order to allow for a question regarding organ and tissue donation on the tax form, a legal exemption must be created.

This was done once before on the tax form so that Elections Canada could ask Canadians for updated contact information. Again, what I am proposing is that a simple question of organ and tissue donation be placed on the tax form alongside of the Elections Canada question.

I want to thank the hon. member for Calgary Shepard for seconding my bill, and also the 20 members of Parliament from all the parties in the House who have officially seconded my bill in a remarkable display of parliamentary co-operation.

I ask all members of the House to pick up the torch and consider passing this bill again with the same amount of enthusiasm, so that we can help save the lives of hundreds of Canadians.

(Motions deemed adopted, bill read the first time and printed)