Mr. Speaker, I am pleased to begin the debate in the House today on Bill C-42, An Act to amend the Quarantine Act.
The new Quarantine Act received royal assent on May 13, 2005 and recently came into force on December 12, 2006. It replaces existing quarantine legislation which contains many outdated authorities.
The modernization of the Quarantine Act addresses urgent issues with respect to the spread of communicable diseases in Canada and abroad. It modernizes existing legislation that dates back to 1872 by providing new tools to manage serious emerging public health threats.
It also represents a complementary step in a series of legislative initiatives to strengthen Canada's public health system which also includes the creation of the Public Health Agency of Canada and the Office of the Public Health Officer.
Due to the priority placed on this legislation, the Quarantine Act received royal assent with the understanding that a period of time following royal assent would be used to develop and put in place the implementation tools that would ensure proper application and enforcement of the act.
While trying to develop a regulation related to section 34, it became apparent that the section would not operate as intended. Section 34 obligates operators of commercial conveyances, such as marine vessels and air carriers, to report any death or illness of public health concern on board prior to arrival in Canada.
This advance notice is critically important to federal officials as it permits an appropriate response to health emergencies on board various vehicles. Further, it permits the minister to better assess whether to order the diversion of a conveyance to an alternate landing site in Canada if required to protect the health and safety of Canadians.
In its current wording, section 34 requires a report to be made directly to a destination authority situated at the nearest entry point in Canada.
As mentioned, the development of a regulation was necessary to support the designation of an appropriate authority.
The current wording of section 34 in the new Quarantine Act is problematic for three reasons.
First, in the event of a health emergency on board a conveyance, an operator may be unable to determine which of the many Canadian entry points is nearest at the time of reporting. In practice, this may lead to delays in reporting and hinder an appropriate and timely response.
Second, the authority designated by the minister may not actually be situated at an entry point. As defined in the new Quarantine Act, an entry point is a place where a customs office is located or a point in Canada designated by the minister.
The most appropriate authority to handle important public health information is a quarantine officer, a federal nurse or a medical practitioner with public health experience who is trained and designated by the minister. Like other authorities, they are not necessarily situated at every single entry point to Canada, which would include smaller ports or seaports and so on.
Finally, the current wording in section 34 implies direct reporting. It does not take into account intermediaries who may have a role to play in receiving and transmitting important public health information on behalf of a conveyance operator. For example, a pilot will likely call the company dispatch centre first before a report is formally made to the responsible public health authority.
For those very reasons, there is a need for a minor and technical amendment to the current wording used in section 34. The new wording for section 34 requires operators of conveyances in the air and marine community to report an illness of public health concern or death on board as soon as possible to a quarantine officer before the conveyance arrives at its destination in Canada.
At this point in time it does not bind the operator of land conveyances to the same advance reporting obligation. If necessary, the new wording offers the minister the flexibility to preserve other conveyances. This would most likely happen in the event of a large scale outbreak that escalated in a way that was not necessarily predictable.
Limiting reporting obligations to the marine and air community supports a risk management approach.
First, approximately 94% of international flights arrive in Canada through six international airports where there are established quarantine stations and the presence of a quarantine officer. They are Vancouver, Calgary, Toronto, Ottawa, Montreal and Halifax, though there are other airports as well.
Second, it is easier for conveyance operators of a bus or train to have a sick traveller disembark in order to attend the nearest medical facility before the conveyance reaches the Canadian border. In addition, issues of a public health concern may be captured at points of entry when sick travellers and conveyances are processed for admittance into Canada.
Under the new act, travellers would have a duty to provide certain public health information and to answer any questions posed by a screening officer, such as a Canada Border Services Agency official or a quarantine officer. It is also important to note that under the previous quarantine legislation there was no requirement for land conveyances to report in advance. Thus, the new legislative framework maintains the status quo for the scope of advance reporting obligations.
While the bill is before Parliament to address a technical issue with the current wording in section 34, this government committed to bringing the new act into force without section 34. This approach provides federal officials, screening officers, quarantine officers and environmental health officers with access to new and strengthened authorities.
Now that the new act is in force, existing quarantine regulations have been repealed with the exceptions of sections 12 and 19. These two sections maintain existing advance reporting obligations to be met by conveyance operators. In essence, this is a stop gap measure until the bill completes the parliamentary review process.
Given the simple nature of this wording issue and the importance of having a complete and comprehensive act in place, it is essential that all parties cooperate to ensure that this minor and technical amendment passes swiftly through both Houses.
Moving forward with this bill in a timely manner reaffirms this government's commitment to public health renewal and the ongoing pandemic planning efforts. Furthermore, it underscores the priority this government has placed on the safety and security of all Canadians.