Question Period Note: Pandemic Instrument

Through an Intergovernmental Negotiating Body (INB), Member States of the World Health Organization (WHO) are developing a new WHO instrument (i.e., a convention, treaty, accord, agreement or other international instrument) on pandemic prevention, preparedness, response and recovery.

COVID-19 has demonstrated the need to take bold action to ensure we are better prepared for the next pandemic. Canada is working closely with international partners, including the World Health Organization (WHO) and the Pan American Health Organization (PAHO), and the broader global community to strengthen global health security.
With respect to global health threats that cross borders, such as pandemics, we can best advance and protect Canadian interests through effective rules-based international systems, which help structure and advance our cooperation.
Canada supports the development and negotiation of a WHO international instrument to improve multilateral cooperation on pandemic prevention, preparedness, response and recovery.
As the development of a “First Draft” is still underway, it is too early to predict the exact provisions of the instrument and how they might be implemented in Canada.
IF PRESSED ON CANADA’S POSITION ON THE PANDEMIC INSTRUMENT OR SOVEREIGNTY CONSIDERATIONS…
Canada’s overarching objectives are to address recognized gaps in pandemic prevention, preparedness, response and recovery while strengthening the global health architecture and, in particular, the WHO’s existing core international legal instrument, the International Health Regulations (2005).
Canada believes the Pandemic Instrument should be based on science and evidence, aim to enhance health equity and gender equality, respect national contexts, and be complementary and coherent with existing tools. It should advance a One Health approach, strengthen health systems, data and information sharing, and enhance accountability for pandemic prevention, preparedness and response.
Canada is taking a whole-of-government, whole-of-society approach in the development of the Pandemic Instrument to ensure that Canadian priorities and values are reflected.
When negotiating a new international instrument, the Government of Canada will always carefully consider:
- its potential impact on our existing domestic laws and policies; and
- if there is a need for domestic legislation to implement our international obligations.
While the Government of Canada supports the development of a Pandemic Instrument and participates in the negotiations, it is too early to determine whether Canada would sign and ratify the yet to be finalized Instrument.
If Canada decides to ratify the Pandemic Instrument, the Government of Canada will remain responsible for and in control of any future domestic decisions about national restrictions or other measures related to pandemics. The WHO is an international organization and as such it does not and will not have jurisdiction in Canada.
IF PRESSED – ENGAGEMENT WITH PROVINCES, TERRITORIES, INDIGENOUS ORGANIZATIONS AND OTHER PARTNERS AND STAKEHOLDERS ON THE INSTRUMENT …
Canada is taking a whole-of-government, whole-of-society approach in the development of the Pandemic Instrument to ensure that Canadian priorities and values are reflected.
Our Partner and Stakeholder Engagement Strategy aims to facilitate meaningful and inclusive engagement from provinces and territories, Indigenous organizations, academics and experts, civil society organizations, private sector, and youth, while promoting transparency of negotiation processes.
The Government of Canada hosted a Pandemic Instrument Partner and Stakeholder Engagement Forum in March 2023 to discuss key thematic issues with Canadian academia; federal, provincial and territorial representatives; Indigenous partners; youth; private sector; and non-governmental organizations. Input from this forum will help to inform Canada’s priorities and objectives for the development and negotiation of the Pandemic Instrument.
As the development of the Instrument progresses, with the release of a “First Draft” being expected later this year, Canada will continue to provide opportunities for partner and stakeholder engagement (including via future meetings and written input).
IF PRESSED – HEALTH, SOCIAL AND ECONOMIC IMPACTS OF THE INSTRUMENT …
Global efforts to enhance pandemic prevention, preparedness, response and recovery are expected to yield significant health, social and economic benefits for Canadians and the broader global community.

In December 2021, at the World Health Assembly (WHA), the 194 WHO Member States, including Canada, agreed to develop a new WHO instrument (i.e., a convention, treaty, accord, agreement, or other international instrument) on pandemic prevention, preparedness, and response through an Intergovernmental Negotiating Body (INB).
The first INB meetings established a process to develop the Pandemic Instrument, including timelines, milestones and modalities for stakeholder engagement. Member States identified that a finalized instrument will be considered as a legally binding treaty, convention or agreement, without excluding the option to adopt the instrument as binding regulations.
Member States themselves are fully leading the process to develop a Pandemic Instrument and will decide on its content, with the WHO supporting the INB by offering technical, scientific and legal guidance. Member States submitted a progress report to the 76th WHA in May 2023, and a final outcome is targeting the 77th WHA in May 2024.
Potential substantive elements of the Pandemic Instrument could include: health equity, One Health, antimicrobial resistance, leadership and governance issues, surveillance, access and benefit sharing related to genetic resources, health system strengthening, access to medical countermeasures, trade and related topics, vaccine confidence and misinformation/ disinformation, travel and border measures and global rapid response mechanisms for pandemics.
Canada is actively engaged in the Pandemic Instrument process and is committed to a whole-of-government and whole-of society approach. Canada’s stakeholder engagement strategy is based on principles of transparency, accountability, and inclusivity, and outlines Canada’s guiding principles in the development of the instrument. These guiding principles include evidence informed decision making and respect for national contexts, as well as key multi-sectoral issues such as One Health and health equity.
The Health Portfolio is working with Global Affairs Canada to engage relevant federal government departments, provincial and territorial governments, National Indigenous Organizations, and other partners and stakeholders in the development of the Instrument. Negotiations began on February 27, 2023, based on a principles and objectives-based negotiating mandate.

In December 2021, Canada and other WHO Member States agreed to launch the INB, a Member State-led process to develop a Pandemic Instrument.
INB Negotiations began in February 2023 following the release of the Zero Draft. A progress report was presented at the 76th World Health Assembly (WHA) in May 2023, and a final outcome (i.e., a finalized instrument) is expected to be presented for consideration at the 77th WHA in May 2024.