Mr. Speaker, I rise today to provide some clarification on one of the motions seen earlier in our discussions, and that is in relation to conflict of interest. I was not able to be in the House before, and I want to take the opportunity to put on the record clarification in relation to this matter.
Let me say first that I do want to address a misunderstanding that may have arisen about the conflict of interest provisions in Bill C-13. There have been suggestions that removing subclause 26(8) would mean that the bill would not contain any conflict of interest provisions. Members have suggested that if this section were removed, directors of fertility clinics and scientists whose research work involves work on human embryos would not be able to be board members. Let me be clear: This is not true.
Bill C-13 now contains two conflict of interest provisions, subclause 26(8), which this motion would remove, and subclause 26(9). Subclause 26(9) sets solid conflict of interest requirements for all prospective and serving members of the board. No board member or applicant could hold a licence, be an applicant for a licence or be a director, officer, shareholder or partner of a licensee or applicant for a licence. These requirements are stringent and, I submit, appropriate. Board members will be addressing a number of profound and challenging issues. Canadians must be satisfied that they are doing their work free from conflicting interests. Subclause 26(9) provides that assurance.
Let me lay out for my hon. colleagues why the conflict of interest provisions in subclause 26(8) do not serve the interests of this House or of Canadians. Subclause 26(8) simply goes too far in excluding potential board members, far beyond genuine conflict of interest concerns. Its wording is imprecise and the ramifications of this imprecision likely go far beyond what members of the standing committee intended. If subclause 26(8) remains as it now stands, it will exclude from board membership whole classes of people from most backgrounds and disciplines. This would include ethicists, university professors, doctors, nurses, counsellors and their spouses, whether or not they personally have anything to do with assisted human reproduction.
Subclause 26(8) states that no board member
shall, directly or indirectly, as owner, shareholder, director, officer, partner or otherwise, have any pecuniary or proprietary interest in any business which operates in industries whose products or services are used in the reproductive technologies regulated or controlled by this Act.
The breadth of exclusions implied by subclause 26(8) has no precedents in federal legislation. It does not apply only to those with an interest in businesses that deal with licensees. Rather, it would apply to anyone with an interest in any business that operates in industries whose products or services are used by licensees.
Let us consider the types of products and services that an IV clinic might utilize. There are all the obvious basics: water, electricity, office furniture and office supplies. There are all the maintenance services for these items: electricians, plumbers and IT support. Try to find a doctor's office that does not use phones, Canada Post and courier services. Then there is the whole gamut of professional services: ethicists, accountants, lawyers and science advisers. There are suppliers of scientific and medical equipment. If any one IV clinic uses IT support services, subclause 26(8) would ban from serving on the board anyone who had any interest in any business whatsoever that provided IT support services. The whole industry is excluded because one business provides services. Is that truly what we want? Is that truly in the interests of Canadians?
It has been suggested that retired judges would be ideal candidates for this board. This is a worthwhile suggestion, but let us look at how subclause 26(8) might apply. Many retired judges undertake activities such as mediation or are called upon to provide advice to charities, government commissions or companies. Any retired judge who has done this, however small his or her honorarium, would be excluded from board membership because retired judges are lawyers, and lawyers work in an industry whose services are used by licensees. Also, any retired judges whose spouses are nurses, academics or employees of any other business might be caught in the enormous net of subclause 26(8) and they would also be excluded.
Members have also suggested that retired university professors would make valuable board members. Again this is a perfectly reasonable suggestion, but universities provide services and perhaps products to licensees, such as ethical advice, scientific support and so forth, and likely at least one university professor somewhere in Canada will be a licence holder, so any professor drawing a salary from a university or any retired professor drawing a pension from one would be excluded from serving on the board because they work or worked at an institution in an industry whose products and services are used by licensees.
The wording of subclause 26(8) is imprecise and too broad. Its application is potentially so broad that it would be very difficult to find anyone who could sit on the board. That is surely not what the standing committee intended, because of course the standing committee very eloquently spoke about the importance of this board to Canadians and to the safety of Canadians.
In contrast, subclause 26(9) is very clear. It would allow for no confusion about who could and could not be eligible for board membership, and who could and could not be appointed. That is how to have a transparent and accountable board that is free from any conflict of interest, and that is how to best serve the interests of all Canadians and all those who turn to fertility clinics in this country.