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MINUTES OF PROCEEDINGS

Meeting No. 38

Tuesday, May 3, 2005

The Standing Committee on Agriculture and Agri-Food met at 3:33 p.m. this day, in Room 371 West Block, the Chair, Paul Steckle, presiding.

Members of the Committee present: David L. Anderson, Charlie Angus, James Bezan, Claude Drouin, Wayne Easter, Mark Eyking, Roger Gaudet, Larry Miller, Denise Poirier-Rivard, Gerry Ritz, Paul Steckle and Rose-Marie Ur.

In attendance: Library of Parliament: Jean-Denis Fréchette, Principal.

Witnesses: Canadian Food Inspection Agency: Kristine Stolarik, Executive Director, Liaison, Preparedness and Policy Coordination; Mark McCombs, Head and General Counsel, Legal Services.

Pursuant to the Order of Reference of Friday, December 10, 2004, the Committee resumed consideration of Bill C-27, An Act to regulate and prohibit certain activities related to food and other products to which the Acts under the administration of the Canadian Food Inspection Agency apply and to provide for the administration and enforcement of those Acts and to amend other Acts in consequence.

The Committee commenced its clause-by-clause study of the Bill.

The Chair calls Clause 1.

The witnesses answered questions.

Wayne Easter moved, — That Bill C-27, in Clause 2, be amended by replacing, in the French version, line 20 on page 3 with the following:

“ « produit réglementé » Toute chose à laquelle s'ap-”

Debate arose thereon.

After debate, the question was put on the amendment of Wayne Easter and it was agreed to.

By unanimous consent, Clause 2, as amended, was allowed to stand.

On New Clause 2.1,

Denise Poirier-Rivard moved, — That Bill C-27 be amended by adding after line 6 on page 4 the following new clause:

2.1 Nothing in this Act shall be construed as derogating from the terms of the Framework Agreement concerning Food, Agricultural Input and Animal and Plant Health Inspection Activities in Quebec, entered into by the Government of Canada and the Government of Quebec in 1998.”

The question was put on the amendment of Denise Poirier-Rivard and it was negatived, by a show of hands: YEAS: 2; NAYS: 9.

Wayne Easter moved, — That Bill C-27 be amended by adding after line 6 on page 4 the following new clause:

“2.1 This Act is binding on Her Majesty in right of Canada or a province.”

Debate arose thereon.

The question was put on the amendment of Wayne Easter and it was negatived, by a show of hands: YEAS: 4; NAYS: 7.

On Clause 3,

Wayne Easter moved, — That Bill C-27, in Clause 3, be amended by adding after line 24 on page 4 the following:

“(2) Subsection (1) does not apply to farming activities that are not mentioned in paragraphes (1)(a) to (e), or to the operation of an establishment to engage in such farming activities.”

Debate arose thereon.

By unanimous consent, the amendment was allowed to stand.

By unanimous consent, Clause 3 was allowed to stand.

On Clause 4,

Denise Poirier-Rivard moved, — That Bill C-27, in Clause 4, be amended by replacing lines 25 to 34 on page 4 with the following:

“4. (1) The Minister may attach conditions to a licence in accordance with the regulations.”

Debate arose thereon.

The question was put on the amendment of Denise Poirier-Rivard and it was agreed to, by a show of hands: YEAS: 7; NAYS: 4.

Clause 4, as amended, carried.

On Clause 5,

Denise Poirier-Rivard moved, — That Bill C-27, in Clause 5, be amended

(a) by replacing line 1 on page 5 with the following:

“5. (1) Subject to subsections (2) and (3), the Minister may suspend or revoke a”

(b) by adding after line 3 on page 5 the following:

“(2) Except where a situation exists that poses an immediate risk to human or animal health, the Minister shall not suspend or revoke a licence unless the licence holder

(a) has been notified in writing that the Minister considers that the holder has contravened the conditions of the licence; and

(b) has been given an adequate opportunity to remedy any such contravention.

(3) A licence holder whose licence has been suspended or revoked may appeal the suspension or revocation in accordance with the regulations.”

Debate arose thereon.

By unanimous consent, the amendment was allowed to stand.

By unanimous consent, Clause 5 was allowed to stand.

Clause 6 carried.

On Clause 7,

Charlie Angus moved, — That Bill C-27, in Clause 7, be amended by deleting lines 24 to 29 on page 5.

Debate arose thereon.

By unanimous consent, the amendment was withdrawn.

Clause 7 carried.

On Clause 8,

Denise Poirier-Rivard moved, — That Bill C-27, in Clause 8, be amended

(a) by replacing line 1 on page 6 with the following:

“8. (1) Subject to subsection (2), the Agency may enter into an arrange-”

(b) by adding after line 7 on page 6 the following:

“(2) The Agency shall not enter into an arrangement referred to in subsection (1) if that arrangement could result in the disclosure of commercial information that might harm the business of Canadian producers.”

Debate arose thereon.

The question was put on the amendment of Denise Poirier-Rivard and it was negatived, by a show of hands: YEAS: 3; NAYS: 8.

Gerry Ritz moved, — That Bill C-27, in Clause 8, be amended

(a) by replacing line 1 on page 6 with the following:

“8. (1) The Agency may enter into an arrange-”

(b) by adding after line 7 on page 6 the following:

“(2) The information referred to in subsection (1) may be collected, used or disclosed only in accordance with the requirements of the Access to Information Act and the Privacy Act.”

Debate arose thereon.

The question was put on the amendment of Gerry Ritz and it was agreed to, by a show of hands: YEAS: 7; NAYS: 4.

Clause 8, as amended, carried.

On Clause 9,

Charlie Angus moved, — That Bill C-27, in Clause 9, be amended by replacing lines 9 to 11 on page 6 with the following:

“Agency may, with the express consent of the Minister, enter into arrangements in writing with an agency or organization of a foreign government that has powers and duties similar to those of the Agency respecting the”

Debate arose thereon.

The question was put on the amendment of Charlie Angus and it was negatived, by a show of hands: YEAS: 1; NAYS: 10.

Wayne Easter moved, — That Bill C-27, in Clause 9, be amended by

(a) replacing line 9 on page 6 with the following:

“Agency may, with the approval of the Minister, enter into arrangements with a”

(b) by replacing line 30 on page 6 with the following:

“Agency may, with the approval of the Minister, enter into arrangements with a”

After debate, the question was put on the amendment of Wayne Easter and it was agreed to.

Clause 9, as amended, carried.

On New Clause 9.1,

Charlie Angus moved, — That Bill C-27 be amended by adding after line 33 on page 6 the following new clause:

“9.1 The Minister may enter into arrangements in writing with a foreign government or an international organization established by more than one foreign government regarding any matter referred to in section 9.”

Debate arose thereon.

By unanimous consent, the amendment was withdrawn.

Clauses 10 to 13 inclusive carried severally.

By unanimous consent, Clause 14 was allowed to stand.

Clause 15 carried.

On Clause 16,

Gerry Ritz moved, — That Bill C-27, in Clause 16, be amended by replacing lines 4 and 5 on page 10 with the following:

“(2) No person shall knowingly possess a regulated product that”

Debate arose thereon.

The question was put on the amendment of Gerry Ritz and it was negatived, by a show of hands: YEAS: 4; NAYS: 7.

David L. Anderson moved, — That Bill C-27, in Clause 16, be amended by replacing line 5 on page 10 with the following:

“product that the person knows”

Debate arose thereon.

The question was put on the amendment of David L. Anderson and it was negatived, by a show of hands: YEAS: 4; NAYS: 7.

At 5:31 p.m., the Committee adjourned to the call of the Chair.

Bibiane Ouellette
Clerk of the Committee

2005/05/05 11:45 a.m.