Hon. Marc Gold (Government Representative in the Senate): Thank you, Senator Seidman, not only for your speech but for your thoughtful and helpful intervention in this chamber over the course of the pandemic, especially with regard to the issue of tests and the things that Canadians need in order to protect themselves and their families, whether it was vaccines in an earlier phase or rapid tests, which has been a subject that you have brought to our attention and educated us on happily and thankfully over a long period of time. But here we are.

It is the position of the government that this amendment is not only not necessary but actually would cause harm. I want to take a few moments, respectfully and sincerely, to explain why.

As our colleague Senator Seidman pointed out, and as those of us who were at the committee on Wednesday would know, the minister made a clear public commitment. He stated in the House on February 14, and again before our committee on Wednesday, that the government is committed to reporting to Parliament every three months with information on how the funding in Bill C-10 will be spent, including the number of tests purchased and where they will have been distributed.

As I said in my speech, it is also the position of the government that the provisions that were included as part of Bill C-8 — to which Senator Seidman referred in her remarks — dealing with reporting requirements will also apply to funds paid for rapid tests under Bill C-10 because these are statutory expenditures. Therefore, respectfully I submit that an amendment of this kind is simply not necessary.

Furthermore, might I submit, colleagues, that the amendment as drafted would be problematic. The Crown cannot divulge payments made to specific suppliers, as the number of tests is already made public and competitors would then be able to determine the price of tests, which is commercially confidential information.

Let me now turn, if I may, to the consequences of not passing this bill today without amendment.

There is an urgent need, as I said in my speech, for this bill to pass so that there is a guarantee of supply for this month and into April and the spring. Not passing the bill before the two-week March break in our parliamentary calendar, as a result of an amendment, would significantly delay its implementation when funds are urgently needed to secure rapid tests in a highly competitive global market, including a competitive market from a procurement standpoint.

The consequence, colleagues, is that educational institutions, small- and medium-sized businesses, pharmacies and other suppliers will not get the rapid tests they need. If I may quote again from the comments of Mr. Stephen Lucas, Deputy Minister at Health Canada:

For Bill C-10, the urgency is our ability to be able to contract and secure through advance payment contracts heading out into the end of March, April and into May. Global competition remains stiff, and our ability to secure those supplies requires that lead time. Hence, the passage of Bill C-10 on an urgent basis will allow us to be able to secure those contracts in the coming weeks in advance of the passage of supplementary estimates so hence during March and enable the advance payment which suppliers are looking for to allow for the provision of those tests and to have those tests be delivered in the next fiscal year, into April and May, as I noted.

The minister has confirmed, including at committee, the commitment to report to Parliament, as I’ve said before, and to uphold this commitment. He acknowledged that, “. . . transparency is key in not only informing senators and members of Parliament but also informing Canadians.” If there is a delay in passing Bill C-10, the government may experience difficulty in meeting the increasing COVID-19 rapid testing needs of Canadians as well as those of the provinces and territories.

Health is a provincial jurisdiction. The federal government has a role to play — and has played throughout this pandemic — in providing the necessary funds to provinces and territories to meet needs that their budgets simply could not otherwise meet. They need the resources so that their residents and citizens have access to the rapid tests and so that individuals can take control over their own lives. These tests empower individuals to make decisions about their own health and those whom they care about.

It is an appropriate role for the Senate — which exists to represent regional and territorial interests and the interests of all Canadians, especially vulnerable Canadians — to at least be mindful of the impact of delay in that regard, and especially and importantly because, as I said, the measures introduced by this amendment are simply not necessary. They are redundant in terms of what is already in place in Bill C-8 and has already been committed to, solemnly and publicly, by the minister.

Let me add that in addition to the reporting requirement every three months, the government does, in fact, proactively disclose a number of information sources, reviewed on a continual basis, on COVID-19 medical devices as can be found on Health Canada’s website.

Colleagues, you in this chamber, through me, can hold the government to account to the reporting commitments. As I said in my speech, parliamentarians will be appropriately informed as to how these funds have been utilized.

For these reasons, and to ensure the government has the tools readily available to assist provinces and territories and Canadians to meet the rapid test demands this month and heading into the spring, I would respectfully and humbly urge colleagues to reject this amendment. Thank you very much.