Evidence of meeting #57 for Health in the 39th Parliament, 1st Session. (The original version is on Parliament’s site, as are the minutes.) The winning word was human.

A recording is available from Parliament.

On the agenda

MPs speaking

Also speaking

Richard Aucoin  Chief Registrar and Director General, Registration Directorate, Pest Management Regulatory Agency
Peter Chan  Director General, Health Evaluation Directorate, Pest Management Regulatory Agency
Debra Bryanton  Executive Director, Food Safety, Canadian Food Inspection Agency
Sharon Watts  Vice-President, Corporate Services and Adjudication Branch, Hazardous Materials Information Review Commission

5 p.m.

Chief Registrar and Director General, Registration Directorate, Pest Management Regulatory Agency

Richard Aucoin

How much is from the public? I think you'll judge that for yourself when you see the responses to the consultation document--

5 p.m.

NDP

Penny Priddy NDP Surrey North, BC

I will, but can you give me your best guess?

5 p.m.

Chief Registrar and Director General, Registration Directorate, Pest Management Regulatory Agency

Richard Aucoin

My guess is that you will not see a lot from Aunt Millie, but you will see some.

5 p.m.

NDP

Penny Priddy NDP Surrey North, BC

Thank you.

My last question is about how you decide when it really is a trade secret. Everybody would like it to be a trade secret. We go through the same discussion with drugs. Somebody says to you that this is their documentation, but it's a trade secret.

5:05 p.m.

Vice-President, Corporate Services and Adjudication Branch, Hazardous Materials Information Review Commission

Sharon Watts

Thank you.

I just want to clarify. I think you mentioned pesticides. We don't handle the trade secret claims for pesticides; they have their own trade secret mechanism. We do handle trade secret claims for hazardous chemicals under the Hazardous Products Act.

5:05 p.m.

NDP

Penny Priddy NDP Surrey North, BC

I'm sorry. It's the same question, different product.

5:05 p.m.

Vice-President, Corporate Services and Adjudication Branch, Hazardous Materials Information Review Commission

Sharon Watts

When someone comes to us and says they have a trade secret, and they give us a summary of their information, the question is how we verify that.

5:05 p.m.

NDP

Penny Priddy NDP Surrey North, BC

Why don't we all just say it's a trade secret?

5:05 p.m.

Vice-President, Corporate Services and Adjudication Branch, Hazardous Materials Information Review Commission

Sharon Watts

They have to come back to us with the substantiating information. We say to them, yes, it's a trade secret, but have they taken measures? What kinds of measures have they taken to protect the confidentiality of this product? What security measures are in place? What types of confidentiality agreements are there and with whom? What is the value of this trade secret to them in terms of economic loss or economic gain to the competition should it be disclosed? They have to provide us with all the data to substantiate that particular figure.

5:05 p.m.

NDP

Penny Priddy NDP Surrey North, BC

In the experience you've had, how often has somebody said it's a trade secret and you have not agreed?

5:05 p.m.

Vice-President, Corporate Services and Adjudication Branch, Hazardous Materials Information Review Commission

Sharon Watts

Ninety-nine percent of the time.

5:05 p.m.

NDP

Penny Priddy NDP Surrey North, BC

Is that when you agree or disagree?

May 28th, 2007 / 5:05 p.m.

Vice-President, Corporate Services and Adjudication Branch, Hazardous Materials Information Review Commission

Sharon Watts

We agree that it's a trade secret and that their substantiating information does in fact support that claim.

5:05 p.m.

NDP

Penny Priddy NDP Surrey North, BC

Thank you.

5:05 p.m.

Conservative

The Chair Conservative Rob Merrifield

Ms. Kadis, you'll have the last question.

5:05 p.m.

Liberal

Susan Kadis Liberal Thornhill, ON

Thank you, Mr. Chair.

You stated that when changes to the pesticide residue limits were proposed, they would be put on the website. What I'm interested to know is twofold. In terms of the process, at what stage would they be put there? Would it be right before a decision or after being gazetted, or is there a longer-period process for people to be notified and aware of it? Also, what form would it take? Would it very specifically outline the proposed changes to limits, or would it be in a summary fashion?

5:05 p.m.

Chief Registrar and Director General, Registration Directorate, Pest Management Regulatory Agency

Richard Aucoin

As an example, for the proposal to revoke the 0.1 ppm general maximum residue limit, there was a series of consultation documents for stakeholders, publicly, through websites and various fora, to inform stakeholders of what we were going through. The actual change to that regulation, of course, would then have to go through the regular gazetting process to actually effect that change in the regulations. It is a very extensive consultation process.

5:05 p.m.

Liberal

Susan Kadis Liberal Thornhill, ON

I'm talking more specifically about the Canadian public. I know that the stakeholders are also the Canadian public. I think that's been referred to a few times today. Would the outline of the proposed changes be on the website? What form would it take? How would these proposed changes be relayed or communicated if they do in fact come forward to the Canadian public, per se?

5:05 p.m.

Chief Registrar and Director General, Registration Directorate, Pest Management Regulatory Agency

Richard Aucoin

I have to emphasize, once more, that no changes are currently being proposed to those maximum residue limits. If there were any changes proposed, we would have to develop a consultation strategy with stakeholder groups and the public to make sure they're informed. The current process for proposing, for example, new maximum residue limits is to go through the normal regulatory gazetting process.

5:05 p.m.

Liberal

Susan Kadis Liberal Thornhill, ON

I understand that this would not include coming to Parliament. In other words, it would be orders in council or gazetting, as you said, but it wouldn't necessarily necessitate a vote, legislation, or amendments to legislation. It wouldn't be done through Parliament.

5:05 p.m.

Chief Registrar and Director General, Registration Directorate, Pest Management Regulatory Agency

Richard Aucoin

That's correct, as I understand it.

5:05 p.m.

Liberal

Susan Kadis Liberal Thornhill, ON

My concern, Mr. Chair, is that the public, inclusive of us and everyone who is in a position to help protect the health of Canadians--that being everyone's goal--would be well aware of these proposed changes. Now that we are somewhat aware of them, we should be able to follow and monitor the next stage in the process. I think it's incumbent upon us, as a committee, to be informed of that. I would ask you to ensure that this does take place and that it is done not at the end of the process or line but early on enough for us to adequately inform our constituents.

5:05 p.m.

Conservative

The Chair Conservative Rob Merrifield

Thanks very much, and thank you to the witnesses for coming in and certainly contributing to the discussion and to the interest of the committee on this issue. I want to thank you for that.

I believe the only thing we need to do before I call the meeting to a close is just to clear with the committee that we want to bring Health Canada back. I would suggest that we try to get them on June 4, when Dr. David Butler-Jones is here, which is just before we finish on Bill C-42.

5:10 p.m.

Liberal

Bonnie Brown Liberal Oakville, ON

I don't know what you're talking about. Bring them back for what?

5:10 p.m.

Conservative

The Chair Conservative Rob Merrifield

SPP. I believe that's who you're asking for. That's what I heard.

So we will try to do it on June 4, and if not, we'll do it on June 11. How's that?