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MINUTES OF PROCEEDINGS
 
Meeting No. 50
 
Tuesday, June 14, 2005
 

The Standing Committee on Agriculture and Agri-Food met at 3:30 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, Roger Gaudet, Larry Miller, Denise Poirier-Rivard, Gerry Ritz, Paul Steckle and Rose-Marie Ur.

 

Acting Members present: Ken Boshcoff for Mark Eyking.

 

In attendance: Library of Parliament: Jean-Denis Fréchette, Principal. House of Commons: Joann Garbig, Legislative Clerk.

 

Witnesses: Canadian Food Inspection Agency: Jane Dudley, Counsel, Legal Services; Mark McCombs, Head and General Counsel, Legal Services; Peter Seguin, Director, Dispute Resolution Services, Legal Services; Kristine Stolarik, Executive Director, Liaison, Preparedness and Policy Coordination; Marie-Claude Couture, 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 resumed its clause-by-clause study of the Bill.

 

The witnesses answered questions.

 

On Clause 56,

Wayne Easter moved, — That Bill C-27, in Clause 56, be amended by replacing lines 16 to 18 on page 27 with the following:

“class of such activities, governing the issue, renewal, amendment, suspension and revocation of such a licence or permit and governing any conditions to be attached to the licence or permit;”

 

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

 
Wayne Easter moved, — That Bill C-27, in Clause 56, be amended by adding after line 41 on page 27 the following:

“(w.1) respecting the period within which and the manner in which a complaint under subsection 29.1(2) is to be filed;”

 

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

 

By unanimous consent, Clause 56 was allowed to stand.

 

On New Clause 56.1,

 
By unanimous consent, the Committee reverted to the consideration of the amendment of Charlie Angus previously stood which read as follows: That Bill C-27 be amended by adding after line 2 on page 28 the following new clause:

56.1 A copy of each regulation that the Governor in Council proposes to make under section 56 shall be published in the Canada Gazette and a reasonable opportunity shall be given to licensees and other interested persons to make representations to the Governor in Council with respect thereto.”

 

After debate, by unanimous consent, the amendment was withdrawn.

 

By unanimous consent, the Committee reverted to Clause 56 previously stood.

 
Denise Poirier-Rivard moved, — That Bill C-27, in Clause 56, be amended by replacing, in the French version, line 6 on page 27 with the following:

p) prévoyant les catégories, les conditions et la durée de”

 

After debate, the question was put on the amendment of Denise Poirier-Rivard and it was agreed to on division.

 

By unanimous consent, Clause 56 was allowed to stand.

 

Rose-Marie Ur proposed to move - That Bill C-27 be amended by replacing the heading after line 21 on page 30 with the following:

CONSEQUENTIAL AND OTHER AMENDMENTS
 

The Chair ruled the proposed motion inadmissible as headings are not part of the bill and cannot be amended as provided on pages 624 and 657 of House of Commons Procedure and Practice.

 

By unanimous consent, the Committee reverted to Clause 67 previously stood.

 

By unanimous consent, the Committee reverted to Clause 68 previously stood.

 

By unanimous consent, the Committee reverted to Clause 69 previously stood.

 

By unanimous consent, the Committee reverted to Clause 70 previously stood.

 

By unanimous consent, the Committee reverted to Clause 71 previously stood.

 

Clauses 67 to 71 inclusive carried on division severally.

 

On New Clause 71.1,

 
By unanimous consent, the Committee reverted to the consideration of the amendment of Charlie Angus previously stood which read as follows: That Bill C-27 be amended by adding before line 19 on page 32 the following new clause:

71.1 (1) Subsections 10(1) and (2) of the Canadian Food Inspection Agency Act are replaced by the following:

10. (1) The Minister shall appoint an advisory board of not more than twelve members representing all major regions of Canada. A member representing each of the following organizations shall be appointed from a list of candidates provided by those organizations: the National Farmers Union, the Canadian Federation of Agriculture, the Union des Producteurs Agricoles, the Canadian Organic Growers Association, the Public Service Alliance of Canada and the Consumers' Association of Canada.

(2) The standing committee of the House of Commons that normally considers matters related to agriculture shall assess all candidates for appointment to the advisory board and make recommendations to the Minister on the eligibility and qualifications of those candidates.

(2.1) The members of the advisory board hold office during pleasure for a term not exceeding three years, which term may be renewed for one or more further terms.

(2.2) The advisory board shall advise the Minister on any matter within the responsibilities of the Agency and, in particular, carry out the following functions:

(a) provide oversight and review of all decisions made by the Agency under the Canadian Food Inspection Agency Enforcement Act and any other Agency-related Act that have been appealed under any of those Acts by an affected party;

(b) engage third-party audit services to ensure that the powers exercised by the Agency under the Canadian Food Inspection Agency Enforcement Act have been carried out in an appropriate manner;

(c) review third-party audit reports and provide recommendations to the Agency in relation to matters discussed in those reports;

(d) provide policy direction to the Agency, taking into account the challenges facing the food industry; and

(e) provide a forum for the food industry and government to discuss food safety, quality and traceability and new industry initiatives in respect of animal and plant health in a fair and equitable manner.

(2) Subsection 10(7) of the Act is replaced by the following:

(7) The advisory board shall meet at least once every three months at the time and place determined by the Chairperson.

(8) In this section, “Agency-related Act” has the same meaning as in section 2 of the Canadian Food Inspection Agency Enforcement Act.”

 

By unanimous consent, it was agreed, — That the amendment be amended in subsection 10.(1) by deleting all the words after “Canada.”

 

Roger Gaudet moved, — That the amendment be amended by

(a) deleting paragraphs 10 (2.2)(a),(b) and (c); and

(b) by replacing “policies directions” with “recommendations”in paragraph 10(2.2)(d)..

 
By unanimous consent, the Committee reverted to the consideration of the amendment of Wayne Easter previously stood which read as follows: That Bill C-27 be amended by adding before line 19 on page 32 the following:

71.1 Section 10 of the Canadian Food Inspection Agency Act is amended by adding the following after subsection (7):

(8) The Chairperson shall, within three months after the end of each year, submit to the Minister a report of the activities of the advisory board.

 

By unanimous consent, the amendment was withdrawn.

 
Wayne Easter moved, — That Bill C-27 be amended by adding after line 19 on page 32 the following new clause:

71.1 (1) Subsection 10(1) of the Canadian Food Inspection Agency Act is replaced by the following:

10. (1) The Minister shall appoint an advisory board of not more than twelve members to hold office during pleasure for a term not exceeding three years so as to ensure, as far as possible, the expiry in any one year of the terms of office of not more than one half of the members.

(1.1) The Minister may renew a member's term for one or more further terms.

(2) Section 10 of the Act is amended by adding the following after subsection (7):

(8) The Chairperson shall, no later than March 31 of each year, submit to the Minister a report on the advisory board's activities for the preceding calendar year.”

 

By unanimous consent, the amendment was allowed to stand.

 

By unanimous consent, Clause 71.1 was allowed to stand.

 

By unanimous consent, the Committee reverted to Clause 91 previously stood.

 

By unanimous consent, Clause 91 carried on division.

 

By unanimous consent, the Committee reverted to Clause 118 previously stood.

 

Clause 118 carried on division.

 

On Clause 128,

Wayne Easter moved, — That Bill C-27, in Clause 128, be amended by adding after line 28 on page 41 the following:

“(2.1) On the later of the coming into force of this Act and the coming into force of the other Act, subsection 9(2) of the other Act is replaced by the following:

(2) Subject to subsection (2.1), the President may designate any person, or person within a class of persons,

(a) as an officer as defined in subsection 2(1) of the Customs Act to exercise any powers or perform any duties and functions of an officer under that Act that the President may specify; or

(b) as an inspector or a veterinary inspector or other officer for the enforcement of any Act or instrument made under it, or any part of an Act or instrument, that the Governor in Council or Parliament authorizes the Minister, the Agency, the President or an employee of the Agency to enforce, including the Agriculture and Agri-Food Administrative Monetary Penalties Act, the Canada Agriculture Products Act, the Feeds Act, the Fertilizers Act, the Fish Inspection Act, the Health of Animals Act, the Meat Inspection Act, the Plant Protection Act and the Seeds Act.

(2.1) Only a veterinarian may be designated as a veterinary inspector.

(2.2) Every inspector, officer and veterinary inspector shall be given a certificate in a form established by the President attesting to the designation of the inspector, officer or veterinary inspector.

(2.2) On the later of the coming into force of this Act and the coming into force of the other Act, subsection 9(3) of the French version other Act is replaced by the following:

(3) Le président peut exercer les pouvoirs de désignation des agents éventuellement conférés au ministre en vertu du paragraphe 6(1) de la Loi sur l'immigration et la protection des réfugiés.

 

By unanimous consent, the amendment was withdrawn.

 
Wayne Easter moved, — That Bill C-27, in Clause 128, be amended by adding after line 28 on page 41 the following:

(2.1) On the later of the coming into force of this Act and the coming into force of the other Act, subsection 9(2) of the Act is replaced by the following:

(2) Subject to subsection (2.1), the President may designate any qualified person, or person within a class of qualified persons,

(a) as an officer as defined in subsection 2(1) of the Customs Act to exercise any powers or perform any duties and functions of an officer under that Act that the President may specify; or

(b) as an inspector or a veterinary inspector or other officer for the enforcement of any Act or instrument made under it, or any part of an Act or instrument, that the Governor in Council or Parliament authorizes the Minister, the Agency, the President or an employee of the Agency to enforce, including the Agriculture and Agri-Food Administrative Monetary Penalties Act, the Canada Agricultural Products Act, the Feeds Act, the Fertilizers Act, the Fish Inspection Act, the Health of Animals Act, the Meat Inspection Act, the Plant Protection Act and the Seeds Act.

(2.1) Only a veterinarian may be designated as a veterinary inspector.

(2.2) Every inspector, officer and veterinary inspector shall be given a certificate in a form established by the President attesting to the disignation of the inspector, officer or veterinary inspector.

(2.2) On the later of the coming into force of this Act and the coming into force of the other Act, subsection 9(3) of the French version of the other Act is replaced by the following:

(3) Le président peut exercer les pouvoirs de désignation des agents éventuellement conférés au ministre en vertu du paragraphe 6(1) de la Loi sur l'immigration et la protection des réfugiés.”

 

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

 

Clause 128, as amended, carried on division.

 
By unanimous consent, the Committee reverted to the consideration of the amendment of Charlie Angus previously stood which read as follows: That Bill C-27, in Clause 44, be amended by replacing line 32 on page 21 with the following:

“to in subsection (2) who has been convicted of an offence under this Act or an Agency-related Act any costs incurred by Her”

 

The question was put on the amendment of Charlie Angus and it was negatived, by a show of hands: YEAS: 4; NAYS: 6.

 

Clause 44 was negatived on the following recorded division: YEAS: Ken Boshcoff, Claude Drouin, Wayne Easter, Rose-Marie Ur — 4; NAYS: David L. Anderson, Charlie Angus, James Bezan, Larry Miller, Denise Poirier-Rivard, Gerry Ritz — 6.

 
By unanimous consent, the Committee reverted to the consideration of the amendment of Charlie Angus previously stood which read as follows: That Bill C-27, in Clause 45, be amended by replacing line 18 on page 22 with the following:

“with this Act or the regulations if that person is convicted of an offence under this Act or an Agency-related Act.”

 

By unanimous consent, the amendment was withdrawn.

 
Wayne Easter moved, — That Bill C-27, in Clause 45, be amended by replacing line 18 on page 22 with the following:

“with the obligations established by or under the Agency-related Acts.”

 

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

 

Clause 45 was negatived on the following recorded division: YEAS: Ken Boshcoff, Claude Drouin, Wayne Easter, Rose-Marie Ur — 4; NAYS: David L. Anderson, Charlie Angus, James Bezan, Larry Miller, Denise Poirier-Rivard, Gerry Ritz — 6.

 
By unanimous consent, the Committee reverted to the consideration of the amendment of Charlie Angus previously stood which read as follows: That Bill C-27, in Clause 56, be amended by replacing line 20 on page 25 with the following:

56. The Governor in Council may, on the advice of the advisory board appointed under section 10 of the Canadian Food Inspection Agency Act, make”

 

By unanimous consent, the amendment was withdrawn.

 

Clause 56, as amended, carried.

 

At 5:23 p.m., the Committee adjourned to the call of the Chair.

 



Bibiane Ouellette
Clerk of the Committee

 
 
2005/06/20 4:02 p.m.