Mr. Speaker, I am pleased to have the opportunity to speak on Bill C-42, An Act to amend the Quarantine Act.
The Quarantine Act was first passed in 1872. In those days, the movement of people and goods took much longer than today. The spread of communicable disease was therefore less and it was often more localized.
At the time when the legislation was drafted, marine transportation was much more of a concern than air transportation. But the significant expansion of air transportation in the intervening decades, as compared to marine transportation, justifies the need to modernize the act.
The proposed legislation would help protect the people of Canada and Quebec from the importation of dangerous, infectious and contagious diseases and prevent the spread of these diseases beyond Canada's borders.
It is true that, with the outbreak of severe acute respiratory syndrome, known as SARS, in 2003, the ensuing reports have emphasized the need to counter public health threats both at our borders and within our borders. We are not alone to have had to step up such measures. At that time, the World Health Organization requested that all countries do so, saying that we had to be extra careful and monitor the situation because of all these infectious diseases.
Bill C-42 would update the legislation to give effect to a specific section, namely section 34, which sets out the obligations that apply to the operators of certain conveyances in terms of informing quarantine officers of known or suspected risks of disease spreading on board their conveyances. Two other sections, specifically sections 63 and 71, as well as the schedule have also been amended to bring them in line with the new section 34.
While stressing that health falls under the exclusive jurisdiction of Quebec and the provinces, the Bloc Québécois supports this bill in principle.
Coming back to the bill, it is simply a question of safety, a notion of safety that we completely support. Furthermore, long before the SARS crisis or the various outbreaks of diseases carried by birds and other carriers, many countries had already begun trying to protect their citizens. I remember a trip I took to Cuba in 1985 or 1987. Cuba was already cleaning the interiors of its planes and paying particular attention to ensure that no diseases could be brought in by air travel.
The enactment repeals the Quarantine Act and replaces it with another act to prevent the introduction and spread of communicable diseases. It is applicable to persons in conveyances arriving in or in the process of departing Canada. It provides measures for the screening, health assessment and medical examination of travellers to determine if they have communicable diseases. It also provides—and this is important—measures for preventing the spread of communicable diseases, including referral to the public health authorities, detention, treatment and disinfestation.
It provides for additional measures such as the inspection and cleansing of conveyances and cargo to ensure that they are not a source of communicable diseases. It imposes controls on the import and export of cadavers, body parts and other human remains. One never knows what could happen when such matter is brought in. We cannot know the circumstances when someone dies outside the country and whose remains are brought back to Canada. We must disinfect, at least. Furthermore, the bill contains provisions for the collection and disclosure of personal information if it is necessary to prevent the spread of communicable disease. Lastly, it provides the Minister of Health with interim order powers in the case of public health emergencies and enforcement mechanisms to ensure compliance with the act.
Section 34 is extremely important. This is where the bill is much more specific concerning operators of certain types of conveyances. The current act provides for an obligation to report any means of transportation, including watercraft, aircraft, train, motor vehicle, trailer and cargo container, that arrives in Canada or is in the process of departing from Canada. Moreover, any conveyance used in a business of carrying persons or cargo, or any prescribed conveyance, shall be reported. There is an obligation to notify a quarantine officer without delay. The act indicates that the operator must notify a quarantine officer as opposed to the designated authority. In the past, the operator was asked to notify the designated authority when departing from Canada or arriving in the country. Now, the operator must notify a quarantine officer. The new section 34 makes it an obligation for the operator to notify the officer as soon as the situation is known. Here is what it says:
(2) As soon as possible before a conveyance arrives at its destination in Canada, the operator shall inform a quarantine officer or cause a quarantine officer to be informed of any reasonable grounds to suspect that
(a) any person, cargo or other thing on board the conveyance could cause the spreading of a communicable disease listed in the schedule;
(b) a person on board the conveyance has died;
or (c) any prescribed circumstances exist.
As soon as possible before a conveyance departs from Canada through a departure point, the operator shall inform a quarantine officer or cause a quarantine officer to be informed of any circumstance referred to in paragraphs (2)(a) to (c) that exists.
(4) No operator contravenes subsection (2) if it is not possible for the operator to inform a quarantine officer or cause a quarantine officer to be informed before the conveyance’s arrival at its destination in Canada, as long as the operator does so on the conveyance’s arrival at that destination.
Thus, all doors through which some infestation or disease might enter Canada are looked at in section 34 as amended by the bill. These amendments thus clarify the obligations of operators of watercraft and aircraft when arriving in Canada or departing from Canada.
I was saying earlier that the World Health Organization, notably in the case of the avian flu, SARS, infestations or pandemics, had asked all countries to have a law that would guarantee the physical safety and the health of each of their citizens. The majority of WHO member countries passed such laws. Unfortunately, there are still countries that are not members of the WHO and that cannot legislate in that regard, but that are easy prey, that are vulnerable to diseases. We could mention a few of them. Let us start with the first one, Taiwan. Last year, that country asked for our support so it could have a seat at the World Health Organization.
Canada supported Taiwan's request, but not very strongly. Nonetheless, it supported the request that this island nation of 23 million inhabitants obtain a seat at the World Health Organization, in order to protect itself and also protect other peoples and other populations.
We know that a number of illnesses that break out in China spread all the way to here. We also know that SARS first appeared in China. The Chinese travel by boat and plane. Thus, if Taiwan had been able to set up a protective mechanism, then its people might have had a much easier time containing the SARS epidemic.
It is the same for Quebec. In cattle breeding we have experienced the mad cow crisis. We know that at some point, this epidemic started out west. Unfortunately, Quebec was unable to legislate on this since we are still not considered a country.
It is very difficult for a population that can only rely on the legislation of another country to protect itself from various infectious disease. I hope that Taiwan, like Quebec and other countries, can a obtain seat at the World Health Organization, can one day be recognized as a country, can write its own laws and pass them in order to protect itself and its people.
That said, the bill before us is a good bill. I was saying earlier that the Bloc Québécois is in favour of this bill in principle. I will make the parliamentary secretary laugh by coming back to the fact that health is the exclusive responsibility of Quebec and the provinces. Nonetheless, we recognize that infectious disease such as SARS and West Nile virus know no boundaries. That is why the Bloc Québécois is in favour of this bill in principle.
As far as the proposed amendments to Bill C-42 are concerned, they apply mostly to clause 34, which applies but is not limited to the operators of ships and aircraft. These amendments are technical in order to give effect to this clause.
We will vote in favour of this bill.