Industry Committee on Oct. 28th, 2010

[Mike Lake, Conservative, Edmonton—Mill Woods—Beaumont, AB]

But the amendment talks about schedules, about “replacing line 1 on page 6 with the following”, so it's adding schedules 2 to 4 of the act. It says you're replacing line 1 on page 6 with the following: “Schedules 2 to 4 of the Act are”. In my understanding, we really only have two schedules at this point with the changes that we're talking about. Am I reading that wrong?

[Marc Garneau, Liberal, Westmount—Ville-Marie, QC]

In the Patent Act, there are four schedules.

[Mike Lake, Conservative, Edmonton—Mill Woods—Beaumont, AB]

But Bill C-393 takes all of them out except one--

[Marc Garneau, Liberal, Westmount—Ville-Marie, QC]

Except for the one that's in there, which is a kind of a composite of what were schedules 2 to 4. What I'm proposing is that the aim is to get a new schedule into Bill C-393, which is a list of drugs approved under CAMR, and that becomes the new schedule 1, and therefore the existing schedule in Bill C-393 becomes schedule 2.

[Mike Lake, Conservative, Edmonton—Mill Woods—Beaumont, AB]

Okay, but schedules 3 and 4--

[The Chair, Conservative, David Sweet]

Just one second, gentlemen. I've let this go casually because it was just some dialogue to make it clear, so I'll let Mr. Lake finish his rebuttal to the concern, but I need to go to Mr. Masse, in all due respect, because he's on the speakers list.

If you need to intervene again, Mr. Garneau, I will let you.

Go ahead, Mr. Lake.

[Mike Lake, Conservative, Edmonton—Mill Woods—Beaumont, AB]

Just to clarify, where are schedules 3 and 4? That's what I need to know here, because there's only one schedule. You're adding another one and that gives us two, but you're referring in your amendment to schedules 2 to 4.

[The Chair, Conservative, David Sweet]

Go ahead. Respond directly. Then I'll go to Mr. Masse.

[Marc Garneau, Liberal, Westmount—Ville-Marie, QC]

I'm not talking about changing schedules 2 to 4 in the Patent Act. I'm not touching them; they're not affected by this. It's only bringing schedule 1 from the Patent Act into Bill C-393 and moving the existing schedule of countries to become schedule 2.

[Mike Lake, Conservative, Edmonton—Mill Woods—Beaumont, AB]

Are we getting back to the officials?

[The Chair, Conservative, David Sweet]

Hang on, Mr. Lake. Just let me have Mr. Masse intervene here for a minute, because he has been on the list.

[Brian Masse, NDP, Windsor West, ON]

Essentially what it does is ensure that CAMR is consistent with Bill C-393 in terms of the drugs and the countries. That's what will happen by these consequential acts.

Although TRIPS and WTO didn't require that list, it was built in during the original CAMR, for a number of different reasons. I'm agreeing to them even though I don't believe it's necessary, but at the same time, it is what was done before and there has been some concern expressed about that, so that will allow the current Bill C-393 to be consistent with the drugs and the countries and the language from the previous bill.

[The Chair, Conservative, David Sweet]

Just before you comment, Mr. Lake, just so you know, in this wording in this amendment—and I could certainly give you the references if you'd like—there are at least eight references to “the schedule” that I can see right now, which is not germane to the wording in the amendment, so it will create some other issues with the bill as well.

[Mike Lake, Conservative, Edmonton—Mill Woods—Beaumont, AB]

That's what I'm trying to clarify. I guess my question to the officials is what the impact of Bill C-393 is, so just for clarity, let's go back to the beginning.

What impact does Bill C-393, as it stands, have on the schedules?

[Mona Frendo]

Bill C-393 proposed, as Mr. Marc Garneau said, to remove schedule 1, which is a list of drugs that was contained in CAMR, the drugs that were eligible for manufacture and export under the regime. It also contained three lists of countries--so schedules 2 to 4.

The countries that were included were least developed countries, countries that were WTO members, and others. Each of those lists had varying responsibilities as per the WTO requirements and they were classified according to their pharmaceutical manufacturing capacity and their level of development.

My understanding of Bill C-393 would be that it would remove all four schedules, as per clause 15.

[Mike Lake, Conservative, Edmonton—Mill Woods—Beaumont, AB]

And there would be only one schedule left?

[Mona Frendo]

That's right. It would be—

[Mike Lake, Conservative, Edmonton—Mill Woods—Beaumont, AB]

—one list of countries.

[Mona Frendo]

—one schedule of countries only, removed--

[Mike Lake, Conservative, Edmonton—Mill Woods—Beaumont, AB]

That's right. So the effect of this amendment refers to schedules 2 to 4, but there's only one left right now. I'm not understanding where schedules 2 to 4 come in. I understand that by adding one more schedule—the schedule of drugs—you get one more schedule, but you're referring to schedules 2 to 4.

Bill C-393 leaves us with only one schedule. You're adding one. We don't have a schedule 3 or a schedule 4. So what do schedules 2 to 4 of the act refer to?

[Marc Garneau, Liberal, Westmount—Ville-Marie, QC]

The schedules 1 to 4 that are referenced here under clause 15 refer, as I understand it, to schedules 1 to 4 in the Patent Act.

[Mike Lake, Conservative, Edmonton—Mill Woods—Beaumont, AB]

Could we get the officials to comment?

[Mona Frendo]

That is correct.

[Mike Lake, Conservative, Edmonton—Mill Woods—Beaumont, AB]

Okay.

[Mona Frendo]

That is correct, and the amendment, as I understand it, would refer to clauses 2 to 4.