Mr. Chair, we have a number of concerns about it.
The first one is that by providing a list of what types of information the minister can order to be released courts at some point would look at the list and decide if something wasn't on the list that it therefore could not be ordered to be released by the minister. So that's a primary concern.
The secondary concern is that the government has amendments. I've presented amendments that deal later with when the minister can exercise the power. So Government amendment number 2 determines that:
(2) The Minister may disclose confidential business information about a therapeutic product without notifying the person to whose business or affairs the information relates or obtaining their consent, if the Minister believes that the product may present a serious risk of injury to human health.
It's a very all-inclusive power. It further says:
(3) The Minister may disclose confidential business information about a therapeutic product without notifying the person to whose business or affairs the information relates or obtaining their consent, if the purpose of the disclosure is related to the protection or promotion of human health or the safety of the public and the disclosure is to
(a) a government;
(b) a person from whom the Minister seeks advice; or
(c) a person who carries out functions relating to the protection or promotion of human health or the safety of the public.
It's an undefined and broad definition. So the minister has power to direct anyone who carries out functions relating to the protection and promotion of human health. Then it defines further in the section:
Government means any of the following of their institutions, the federal government, a corporation named in Schedule 3 to the Financial Administration Act, a provincial government or public body established under the act, legislature of the province. An aboriginal government is defined in Subsection 13.3 of the Access to Information Act, a government of a foreign state or subdivision of a foreign state or an international organization of states.
It's a very broad power given to the minister to issue cautions. By adding this amendment, it would appear that we're providing a list that the courts could interpret more narrowly.