Mr. Speaker, as I began my portion of the debate on this very important topic, I reminded members of the House and indeed Canadians who might have been watching, that the Pest Control Products Act was 30 years out of date.
The new PCPA that amends and would replace the Pest Control Products Act is a very important act and is long awaited. No doubt science has improved in the past 30 years as well as has our understanding of developing an appropriate regulatory regime. We are very pleased that the minister has brought this act forward.
I also identified a number of things in Bill C-53 that I supported. I would like to make an additional comment on this and that is there will be a mandatory special review of any pesticide that has been banned or voluntarily withdrawn by an OECD country as we recently saw in the United States. I identified a number of positive things in the act, and I want to remind members of the House and people watching that, less I be accused of being too cheery, I believe there are some shortcomings to Bill C-53; instances where the environment committee's recommendations are not reflected in the bill.
I am currently the government vice chair of the environment committee that undertook a one year study of pesticides and the regulatory regime in Canada around them. I am optimistic that the health committee can address some of these shortcomings, but I would like to focus on just a few now.
For example, the committee called for a clear and unequivocal statutory mandate to be given to the Pest Management Regulatory Agency. The PMRA, although currently not an arm's length agency, has all the attributes of one. We felt therefore, that clearly identifying the de facto decision maker would be an important step in making the regulatory process more open and transparent. This has not been done in Bill C-53. The agency is not even mentioned in the bill.
The committee also called for a clear definition and application of legislation of the so-called substitution principle as is used in Sweden's environmental code. This would require that older pesticides be replaced with newer, less toxic products and non-chemical alternatives as they became available. This has not been done.
While I am talking about principles, a popular theme these days, let me address the question of the precautionary principle. The committee recommended the precautionary principle be enshrined in the bill's preamble as it is in the Canadian Environmental Protection Act or CEPA and this was not done.
The committee called for the precautionary principle to be enshrined in the bill's administrative section as it is in CEPA and this was not done. The committee also called for the precautionary principle to be enshrined in the operative sections. Under the bill, the minister may invoke the precautionary principle in the course of a re-evaluation or a special review. Unfortunately, it is not mentioned. At a minimum, and in the interests of cross-statute consistency, Bill C-53 should reflect CEPA in this matter. The result is a weak acknowledgment of the precautionary principle.
Finally, the committee recommended that the new legislation contain measures that would allow for the broadest public disclosure of information to the public similar to those requirements in sections 51 to 53 of CEPA. However sections 42 to 44 of the bill, which outline the proposed access to information, are not equivalent to the CEPA provisions. Again, for the sake of cross-statute consistency, this should be addressed.
The committee recommended that so-called confidential business information be narrowly defined in the new legislation to encompass only information that would be truly prejudicial to the financial or competitive interests of the person to whom it belongs. Unfortunately Bill C-53 uses too broad a definition. I hope this will be addressed when it moves to the health committee.
In closing, I look forward to working with my colleagues on the health committee in the weeks to come on this important legislation. During the environment committee's study of the pesticide regime I learned first-hand how passionately Canadians feel about the issue. I am optimistic that at the end of the day the minister and the government can deliver a modernized Pest Control Products Act that will protect the health of all Canadians, particularly children and other vulnerable groups.