Health committee  With respect to the expression “quasi-constitutional”, the Supreme Court of Canada has recognized status for certain statutes—the Privacy Act, the Official Languages Act. In other words, it's very hard to set aside these statutes, without express mention by Parliament, in a piece

Health committee  In terms of independence, there is independence in decision-making. While the minister designates the official, the review officer, the decision itself is made by the review officer. It cannot be dictated by anyone else, so there cannot be any interference with the decision-makin

Health committee  I will address the first part of your question with respect to the Privacy Act and why, in our view, it's not necessary to repeat the provisions in Bill C-36. The Privacy Act is a quasi-constitutional document. In other words, it prevails over any other statute unless there are

Health committee  It certainly would create a legal obligation on the government if it had to notify individuals within six months. I believe that my colleague Robert Ianiro, from the Consumer Product Safety Bureau, can provide examples as to the type of personal information they receive and how d

Health committee  My understanding is that the Privacy Act provides a greater protection to individuals than any statute does with respect to businesses--

Health committee  That is something that can be looked at, but in essence we try not to duplicate Parliament's legislation.

Health committee  The second concern from the government's perspective is that the requirement to notify after six months would actually create a legal obligation on the government to actually collect more personal information than it would normally. The government does not automatically receive

Health committee  Let me reinforce the response, Madam Chair, that we provided to Dr. Duncan. Individuals do have greater protections than businesses, in fact. The government's Privacy Act continues to apply, and the protections granted to individuals with respect to their personal information co

Health committee  In this case, it does not say “notwithstanding the Privacy Act”, so it's to work in a complementary fashion with the Privacy Act. The Privacy Act is not ousted here. What it does is provide government with an opportunity to work with other governments, including our own provincia

Health committee  Clause 15 does not set aside the Privacy Act. Those protections granted or provided through the Privacy Act continue to apply. The reason for clause 15 is to provide lawful authority to a government in a situation in which it needs to exchange information. As explained by my coll

Health committee  Yes, if I may, Madam Chair.

Health committee  The procedural safeguards that are implied in that question are dealt with in the legislation and in the legal system. Officials, including the Minister of Health, who exercise powers granted to them in a statute enacted by Parliament--and in this case it would be Bill C-36--ar

Health committee  Thank you, Madam Chair. Thank you, Mr. Thibeault, for the question. The issue that arose particularly in the Senate centred around the use of inspectors' powers. At the time the explanation and the letter that was tabled with the chair of the committee of the Senate that was he

Health committee  As you are well aware, the Minister of Justice is tasked with reviewing each bill in order to ensure that it properly reflects the government's obligations pursuant to the Charter of Rights and Freedoms. That review was done by the minister and the Department of Justice. Moreover

Health committee  Madam Chair, evidently, neither the Governor in Council nor the minister could amend the wording of the legislation. Parliament alone has that authority. Therefore, the wording of the legislation cannot be amended as regards natural health products.