Question Period Note: Pandemic Instrument

N/A

Member States of the World Health Organization (WHO) are developing a new WHO convention, agreement or other international instrument on pandemic prevention, preparedness, response and recovery (a “pandemic instrument/treaty/accord”).

Key Messages
• Protecting the health and safety of all Canadians is the Government of Canada’s top priority.
• 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 helps 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.
• Canada’s view is that a pandemic instrument would be helpful to enhance our collective action and accountability to address gaps and strengthen our work on global pandemic prevention, preparedness, response and recovery.

If Pressed – Canada’s Position on the Pandemic Instrument
• 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.
• The Government of Canada has informed provinces and territories, Indigenous organizations, and other partners and stakeholders of the work underway and will continue to hold targeted engagements to inform Canada’s views and positions as this process advances.

If Pressed – PMB C-293 - An Act Respecting Pandemic Prevention and Preparedness

• Protecting the health and safety of Canadians remains a top priority for the Government of Canada, and this includes ensuring preparedness for future pandemics and global health events.
• As the COVID-19 pandemic has highlighted, the impact of public health events on both society and the economy is immense. That is why we must work to improve our emergency management preparedness and response posture, taking an approach that is informed by the lessons we have learned from this pandemic, to be better prepared for the next emergency.
• The Government of Canada supports the designation of a pandemic prevention and preparedness coordinator and the development of a pandemic prevention and preparedness plan. With amendments, the government will be supporting this bill.

If Pressed – Sovereignty Considerations

• When negotiating a new international instrument, the Government of Canada always carefully considers its potential impact on Canada’s domestic laws and policies.
• While Canada supports the development of the instrument, no decision has been made yet on whether Canada will sign and ratify the agreement.
• The WHO does not have jurisdiction in Canada. Canada will remain in control of any future domestic decisions about national restrictions or other measures related to pandemics.

If Pressed – Engagement with Provinces, Territories, Indigenous Organizations and other Partners and Stakeholders on the Instrument
• Development of the pandemic instrument is still at an early stage.
• The Government of Canada has informed provinces and territories, Indigenous organizations, and other partners and stakeholders of the work underway, including opportunities to engage directly with the WHO.
• A hybrid Forum to discuss the Pandemic Instrument took place on March 21 22, 2023, in Ottawa. It served as a platform to hear the views of Canadian partners and stakeholders to inform the development of Canada’s priorities in the drafting and negotiation of the pandemic instrument.
• Future engagements will occur as draft progresses so that partners and stakeholders are involved throughout the pandemic instrument’s development.

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.
• Development of the pandemic instrument is still at an early stage and it is too early to predict the exact provisions of the instrument and how they might be implemented in Canada.

If Pressed – Other Work Underway to Strengthen the Global Health Architecture

• The new instrument will be one tool among others to improve how the world prevents, prepares for, responds to and recovers from future health emergencies of international concern.
• Countries are also working together to strengthen the International Health Regulations (IHR) (2005), an overarching legal framework that defines countries’ rights and obligations in handling public health events and emergencies that have the potential to cross borders. This includes considering potential amendments to the IHR (2005), as well as operational and policy measures that could strengthen the instrument.
• Member States are also considering ways to strengthen the technical and policy capacity of the WHO, as the directing and coordinating authority for health within the United Nations system, including options to ensure more sustainable, predictable and flexible financing for the organization.

On November 29 to December 1, 2021, the World Health Assembly met to adopt a milestone decision, “The World Together: Establishment of an intergovernmental negotiating body to strengthen pandemic prevention, preparedness and response“, which was co-sponsored by upwards of 120 Member States, including Canada. The decision established an intergovernmental negotiating body (INB), open to all Member States, to draft and negotiate a new WHO convention, agreement or other international instrument on pandemic prevention, preparedness, response and recovery.

The first INB meetings established a process to develop the pandemic instrument, including timelines, milestones and modalities for stakeholder engagement. Member States are currently working towards a draft instrument, and have 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 will submit a progress report to the 76th World Health Assembly in May 2023, and a final outcome to the 77th World Health Assembly 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, including 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. Cabinet approved a principles and objectives based negotiating mandate on February 15 and negotiations began on February 27.

The fourth meeting of the Intergovernmental Negotiating Body (INB) took place from February 27 – March 3, 2023 in Geneva, Switzerland to conduct a first reading of the Zero Draft (ZD) of the pandemic instrument, to agree to modalities and begin negotiations. Members States were brought together to discuss modalities, and a first reading was conducted through line-by-line discussions.

• On December 1, 2021, Canada and other WHO Member States agreed to launch a process to develop a pandemic instrument.
• Development of the instrument is at an early stage. Negotiations began in February 2023. A progress report will be presented at the 76th World Health Assembly in Geneva, Switzerland in May 2023, and a final outcome (i.e., a finalized instrument) is expected to be presented for consideration at the 77th World Health Assembly in May 2024.