An Act to amend the Canada Grain Act, chapter 22 of the Statutes of Canada, 1998 and chapter 25 of the Statutes of Canada, 2004

This bill was last introduced in the 40th Parliament, 2nd Session, which ended in December 2009.

Sponsor

Gerry Ritz  Conservative

Status

Second reading (House), as of Oct. 8, 2009
(This bill did not become law.)

Summary

This is from the published bill. The Library of Parliament often publishes better independent summaries.

This enactment amends the Canada Grain Act by
(a) clarifying the Canadian Grain Commission’s objects;
(b) combining terminal elevators and transfer elevators into a single class of elevators called “terminal elevators”;
(c) eliminating mandatory inward inspection and weighing as well as some requirements for weigh-overs at elevators;
(d) extending the right to require the Commission to determine the grade and dockage of grain at process elevators and grain dealers’ premises;
(e) eliminating the Grain Appeal Tribunals;
(f) eliminating the Commission’s ability to require security as a condition for obtaining or maintaining a licence;
(g) creating additional regulatory powers for the Commission;
(h) modifying enforcement provisions and creating certain new offences; and
(i) ensuring that some of the requirements and procedures set out are clarified and modernized and that certain language is updated.
The enactment also amends An Act to amend the Canada Grain Act and the Agriculture and Agri-Food Administrative Monetary Penalties Act and to repeal the Grain Futures Act as well as another Act, and includes transitional provisions and coordinating amendments.

Elsewhere

All sorts of information on this bill is available at LEGISinfo, an excellent resource from the Library of Parliament. You can also read the full text of the bill.

Canada Grain ActGovernment Orders

March 3rd, 2009 / 1:55 p.m.
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Conservative

The Deputy Speaker Conservative Andrew Scheer

I would remind the hon. member for Thunder Bay—Superior North to address his comments to the Chair and not directly to other members.

The hon. member for Malpeque.

Canada Grain ActGovernment Orders

March 3rd, 2009 / 1:55 p.m.
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Liberal

Wayne Easter Liberal Malpeque, PE

Mr. Speaker, there were several questions but let me start off by saying that his question on oysters is a valid one. We believe that we produce the best oysters in the world in the riding of Malpeque. Everyone is invited to that wonderful riding in P.E.I. any time to enjoy some of the shellfish and seafood.

The member mentioned the loss of 100 jobs in Thunder Bay. Yes, it is 100 jobs in Thunder Bay that the unions are telling us will be lost, but it is more like 200 jobs and possibly even higher across the system. Those are individuals who are on site looking after the quality of Canadian grains. They are individuals who are on site ensuring that an elevator is treating farmers fairly, that there are no overages or underages in terms of the weight, that the weigh scales are weighing properly, that they are not being abused in terms of the quality and grade of the grains.

The job loss is very serious, but as great a loss is the protection of farmers' interests and the quality control within our grain system. People have to understand that Canada is a quality seller in the world because of the Canadian Grain Commission and the work it does as compared to the United States, which is a residual seller.

Canada Grain ActGovernment Orders

March 3rd, 2009 / 1:55 p.m.
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Liberal

Anthony Rota Liberal Nipissing—Timiskaming, ON

Mr. Speaker, I want to compliment the member on his comments. He is well read and understands.

One of the issues that really concerns me is this mantra of self-regulation. It has gone on for years now. The government wants to bring self-regulation to everything that goes on.

I know of the experience in Ontario. When I think of self-regulation in Ontario, I think of Walkerton, Maple Leaf Foods and the BSE issue. There are many potential impacts this legislation could have, particularly with respect to bonding on the grain handlers and inward inspection. We are leaving it wide open and allowing farmers to be left open to the whim of large corporations that could do whatever they want.

My question is twofold. The removal of the bonding without any viable alternative being offered is one issue, but the other issue is the safety of the food. I would like the member to comment on both of those issues.

Canada Grain ActGovernment Orders

March 3rd, 2009 / 1:55 p.m.
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Liberal

Wayne Easter Liberal Malpeque, PE

Mr. Speaker, there are a couple of points here.

It is interesting these days that the Prime Minister goes around the world and talks about how secure Canada's banking system is. That banking system is secure because in the previous government, I and other members on this side happened to sit on the committee which recommended that the banking system in Canada not go the same way and deregulate itself and allow foreign ownership, as happened in the United States. That is good regulatory protection in our banking system and that is why our banking system is working very well.

However, the Prime Minister's mantra has been to deregulate and that is in fact what the government is doing with the Canadian Grain Commission. The government is taking away that protection that is there for the Canadian grain producers, for our exporters and for our industry, that protection of the system with tough regulations in bonding that would ensure there is protection for the farm community and industry. The member is absolutely right. This bill will undermine those regulations and those protections for Canadians.

Canada Grain ActGovernment Orders

March 3rd, 2009 / 1:55 p.m.
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Liberal

The Speaker Liberal Peter Milliken

When debate resumes, there will be four minutes remaining in the time allotted for questions and comments for the hon. member for Malpeque.

The House resumed from March 3, 2009 consideration of the motion that Bill C-13, An Act to amend the Canada Grain Act, chapter 22 of the Statutes of Canada, 1998 and chapter 25 of the Statutes of Canada, 2004, be read the second time and referred to a committee.

Canada Grain ActGovernment Orders

April 2nd, 2009 / 11:05 a.m.
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Bloc

André Bellavance Bloc Richmond—Arthabaska, QC

Mr. Speaker, I am pleased to speak today to Bill C-13, An Act to amend the Canada Grain Act, chapter 22 of the Statutes of Canada, 1998 and chapter 25 of the Statutes of Canada, 2004.

This bill is exactly the same as former Bill C-39. The number C-13 may be unlucky, because the government does not seem to have learned from its mistakes. The previous bill had serious shortcomings. My speech today will focus on many aspects of the bill that should be improved so that it better serves grain producers and the industry.

Canada is in the midst of an economic crisis. Since the government introduced Bill C-39, we have learned that there will be job losses related to the proposed changes to the Canadian Grain Commission. It is expected that jobs will be lost because of the elimination of the Grain Appeal Tribunal, the end of registration and the cancellation of receipts, and the end of inspections and mandatory weigh-overs. In all these areas where the government wants to make changes, jobs will clearly be lost. This does not come as good news at a time when thousands of jobs are being lost. Passing this bill will unfortunately cause collateral damage, to use more military language, and people will find themselves on employment insurance.

The job losses will be concentrated in the ports of Vancouver and Thunder Bay. Jobs will also be lost in Winnipeg, mainly in inspection. In the longer term, other jobs could be cut in other regions, including Quebec. Grain is weighed and assessed in the ports of Montreal and Quebec City.

The most telling proof that this bill is a product of the Conservative ideology is that the government has not followed a single one of the recommendations made by the Standing Committee on Agriculture and Agri-Food, a committee on which you, Mr. Speaker, have had the pleasure of sitting for some time and where we have had the opportunity to work together. That committee examined Bill C-39 and made recommendations. It also studied a report from Group Compass Canada. The government has changed not one word in Bill C-39, now Bill C-13.

There are, therefore, a number of elements of uncertainty in this bill. We must remain vigilant. The reform of the Canadian Grain Commission is taking place in a specific context. We know the Conservatives are trying their best to dismantle the collective marketing mechanisms that protect the interests of producers. I am thinking of course of such things as the Canadian Wheat Board, but also of everything surrounding the current Doha round of negotiations in Geneva. Moreover, once again last July there was a text on the table that placed the supply management system in jeopardy. That text was studied by seven countries, but Canada was not one of them. We did, however, have two ministers there, the present Minister of Agriculture and Agri-Food and the former Minister of International Trade, Michael Fortier, who was not re-elected.

The two of them were in Geneva to follow the discussions. The text that was on the table placed the supply management system in jeopardy. At the end of the negotiations, which fortunately did not result in an agreement between the countries, the two ministers expressed disappointment that it had not. Understandably, the sword of Damocles is still hanging over the heads of supply-managed farmers, and I need hardly tell hon. members there are very many such farmers in Quebec. The supply management system accounts for over 40% of Quebec's agricultural economy.

That being the case, great vigilance is required when we are examining any government bills relating to agriculture. What is more, the Conservative government has appointed a friend of the minister to head the Canadian Grain Commission. One might well wonder whether the new commissioner will defend the producers' interests or the minister's, particularly since the mandate of the Canadian Grain Commission has been modified. It is no longer required to act in favour of producers.

It was clearly written into the commission's mandate, yet it has disappeared from the bill. Any time bills deal with issues that directly affect producers, our focus should continue to be the economic health of agricultural producers.

I was talking about the chief commissioner, Elwin Hermanson, a former Reform Party member from 1993 to 1997. The Minister of Agriculture was Mr. Hermanson's campaign manager in 1993 when he first ran for election, and from 1993 to 1997, the minister was the constituency office coordinator for Mr. Hermanson, who appeared before the committee. In any case, while I do not mean to impute any motives, we can nevertheless ask ourselves if the head of the commission will have our producers' interests, first and foremost, in mind.

The government is implementing some recommendations of the Standing Committee on Agriculture and Agri-Food, such as modernizing the mandate of the Canadian Grain Commission. One might now wonder if it did so correctly. I want to make it clear that, based on the speeches I have heard from my various colleagues and what we have also talked about in committee, everyone agrees that the Canadian Grain Commission's mandate must be modernized. The question we must now ask, and what we need to gauge here today is this: does Bill C-13 address the worries and concerns that have been raised, any more than Bill C-39 did in the past?

The Bloc Québécois is skeptical about some of these measures. That is important to note. We are skeptical about the elimination of the Grain Appeal Tribunal and the payment security program, because we do not know what will replace it. The Bloc Québécois also condemns the fact that the government has not introduced an office of grain farmer advocacy, as the Standing Committee on Agriculture and Agri-Food recommended. I will have more time later to talk about some of the committee recommendations that have not been included in this bill.

What does the bill do? The government is changing the mandate of the Canadian Grain Commission in such a way that, in addition to the interests of grain producers, the commission would also consider the interests of the industry as a whole, including grain processors.

In order to clarify the Canadian Grain Commission's mandate, it will be split into two parts by Bill C-13. Part one will set out the CGC's core mandate to establish and maintain standards of quality for Canadian grain and regulate grain handling in Canada to ensure a dependable commodity for domestic and export markets. Part two will establish that the CGC shall specifically protect producer interests with respect to deliveries to elevators and grain dealers, access to binding CGC determination of the grade and dockage of grain deliveries, and the allocation of producer cars.

At present, the mandate of the Canadian Grain Commission is to, in the interests of producers, establish and maintain standards of quality for Canadian grain and regulate grain handling in Canada, to ensure a dependable commodity for domestic and export markets.

I would like to point out that clause 3 of Bill C-13 amends section 13 of the Canada Grain Act by removing the words “in the interests of producers” from the object to establish and maintain “standards of quality for Canadian grain and regulate grain handling in Canada to ensure a dependable commodity for domestic and export markets”.

As we stated earlier, like the Standing Committee on Agriculture and Agri-food, the Bloc Québécois supports modernization of the Canadian Grain Commission's mandate. Our party recognizes that the commission must be able to consider broader interests, such as public health, preserving the enviable reputation of Canadian grain producers, and other interests.

The Bloc Québécois is also sensitive to the concerns of grain producers who believe that Bill C-13 is drafted in such a way as to reduce the protection it affords grain producers. It should be understood that since Bill C-39 was first introduced before the election was called, therefore dying on the order paper, much water has flowed under the bridge. We have had all kinds of meetings, correspondence, telephone calls, visits from different people affected by the changes to the mandate of the Canadian Grain Commission.

That gave us a chance to weigh the pros and the cons of this bill. The cons are definitely adding up.

The National Farmers Union has told us that it is essential to preserve the language of the existing Act, which includes the expression “in the interests of producers”, to describe the purpose of the Canadian Grain Commission and the standards of quality in the regulations respecting grain handling operations in Canada. In fact, the first recommendation in the COMPAS report was as follows:

The Standing Committee supports a redefined mandate of the Canadian Grain Commission as more in line with the practical reality of the Canadian grain industry and it recommends that any eventual bill clearly protect the interests of grain producers.

We know that the Conservative government is allergic to collective marketing mechanisms and instruments that enable producers to earn a fair market return. Deregulation and reducing constraints on the free market are key elements of their ideology, elements that, unfortunately, come through in this bill, as I will demonstrate.

The Canadian Grain Commission must not become another Canadian Food Inspection Agency. That organization has lost a lot of credibility over the past few years because it has been forced to choose between the two components of its dual mandate. Agricultural producers in Quebec and Canada are quite right to distrust this government, which has set its sights on the Canadian Grain Commission. It is clear that deregulating everything under the sun has not produced the desired results with respect to protecting producers.

The Bloc Québécois is ready to look at what can be done with the Canadian Grain Commission's mission. We are ready to do that. Can a bill like this really be amended? A lot of people have their doubts.

One of the problems with this bill is that it suggests that an office of grain farmer advocacy is no longer necessary. I strongly disagree. As for the protection of the interests of agricultural producers, we deplore the fact that the government rejected the third recommendation of the parliamentary committee, proposing the establishment of an office of grain farmer advocacy that would have reported directly to the Minister of Agriculture and Agri-Food.

One might wonder if this is not another sign that the government wants to divest itself of any responsibility and thus deregulate the services of the Canadian Grain Commission. The mandate of the office of grain farmer advocacy, whose role would be similar to that of an ombudsman, would be to ensure that producers understand their rights under the act, and to defend their interests in disputes with other stakeholders.

We had a short briefing, an information session, with officials on this, and I asked a question on this very subject. I can report that I was not at all satisfied with the answer.

Like the parliamentary committee, we think that such an office would have ensured that the interests of producers are defended in disputes with the other stakeholders involved, including the Canadian Grain Commission. We believe that the communication, consultation, liaison and complaint investigation responsibilities assumed by such an office would have strengthened Canada's grain quality assurance system.

Another problem is the elimination of grain appeal tribunals. What does this bill do? The grain appeal tribunal hears the complaints of grain producers and companies that are not satisfied with the grades given by the commission's inspectors. The chair of the tribunal is an authorized grain inspector, but acting at arm's length. The other members of the tribunal come from the grain industry.

The tribunal's position within the Canadian Grain Commission limits its legitimacy and perceived effectiveness. Moreover, clause 14 of the bill proposes to abolish grain appeal tribunals, which are currently established under sections 35 to 38 of the Canada Grain Act. From a reading of clause 31, on page 12, the proposed subsection 70(5), we understand that, in case of a disagreement over a ruling made by the chief inspector—who is the first level of appeal—grain producers will no longer be able to turn to the grain appeal tribunal. They will have to turn to the regular courts. Hon. members will understand that the message being sent to producers is quite simply that that have to fend for themselves, using their own money, as if they had any to spare, and defend themselves before the courts. That not only can be very costly, it can also take a very long time before a ruling comes down. We know all the things that can slow down the regular courts.

We note that the parliamentary committee did not address this issue. The COMPAS report commented that the Canadian Grain Commission's “grain appeal tribunal has earned some plaudits for effectiveness”.

COMPAS continued, “Our impression is that the Tribunal is respected for its role in grading disputes, although at times some stakeholders sensed excessive influence on the part of the Office of the Chief Inspector.” We heard that in committee as well. It was also stated that there is always room for modernization and improvement, but in my opinion that does not mean abolishing the tribunal. The Bloc Québécois awaits the government's explanations for this amendment.

Then there is the elimination of inspection and mandatory inward weighing, which is what the bill would do. Weighing and inspection of grain is carried out by the Canadian Grain Commission and is mandatory on bulk shipments overseas but optional for container movement or for exports to the United States.

Inward inspections are the weighing and grading that take place when railcars or trucks arrive at transfer elevators or terminal elevators. The Canadian Grain Commission then provides third-party weighing so as to forestall errors and to provide assurance to producers.

With its Bill C-13, the government is proposing that inward inspections take place only at the request of the shipper, but that outward weighing and shipping remain mandatory. Terminal and transfer elevator operators will be required to allow access to service providers who will do the weighing and inspection.

While the Canadian Grain Commission will no longer be involved in the delivery of this optional service, both shippers and elevator operators will have access to binding Canadian Grain Commission arbitration in the event of dispute over a grain grade.

Like the Standing Committee on Agriculture and Agri-Food, the Bloc Québécois supports optional inward inspection, as proposed by the government. We have been told that inward inspection is no longer universally required. According to COMPAS, “About half of railcars unloading at terminal elevators originate at primary elevators of the same company.”

Rather than proceeding with complete deregulation, we should find a compromise for such cases, perhaps continuing to pay the costs for those who opt for this inspection. However, we also have questions about food safety inspections. I will come back to that if there is time.

We also agree with the arguments presented in the committee report to the effect that the Canadian Grain Commission could abandon kernel visual distinguishability when this method is replaced by one that is more efficient, according to recommendations 5 to 7 of the Standing Committee on Agriculture and Agri-Food. Contracting out of inspection services must be evaluated in a pilot project and the government, after three years, must evaluate the real impact.

We must be careful, however. Since inward inspection is optional, this could increase unit costs and prices by decreasing economies of scale. Making it optional would likely put smaller grain companies that do not have a terminal elevator at a disadvantage in terms of competitiveness. Inspection and weighing fees are collected from the farmer at the primary elevator. Optional inward inspection would benefit larger companies that have a terminal elevator by allowing them to avoid payment of the fees and offer a better price to farmers. Grain companies that have a better geographic location will be in a better position to take advantage of mixed shipments.

It is therefore important to promote competition in the grain handling system by helping the smaller companies. That is why we believe that the Canadian Grain Commission must have sufficient funding so that the commission can maintain efficient and timely services for both producers and smaller handlers who need such services for transactional purposes.

There are many other elements I could talk about, but I will just mention certain irritants in this bill. As I said, we received a huge amount of correspondence indicating that there were serious flaws in this bill. For example, the Agriculture Union said that if Bill C-13 were passed, some 200 commission employees, most of them front-line service providers, would lose their jobs.

The Agriculture Union, a component of the Public Service Alliance of Canada, represents most of the employees of the Canadian Grain Commission. Obviously, these people met with us and shared their concerns.

I also want to mention that I have here a report from the Canadian Centre for Policy Alternatives that talks about the problems with this bill. The report is entitled Threatened Harvest.

It is important that the members of this House be aware of this report and the other elements that show that Bill C-13 has huge flaws.

The House resumed consideration of the motion that Bill C-13, An Act to amend the Canada Grain Act, chapter 22 of the Statutes of Canada, 1998 and chapter 25 of the Statutes of Canada, 2004, be read the second time and referred to a committee.

Canada Grain ActGovernment Orders

April 2nd, 2009 / 11:25 a.m.
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Conservative

The Acting Speaker Conservative Barry Devolin

The hon. member for British Columbia Southern Interior for questions and comments.

Canada Grain ActGovernment Orders

April 2nd, 2009 / 11:25 a.m.
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NDP

Alex Atamanenko NDP British Columbia Southern Interior, BC

Mr. Speaker, I thank my colleague for his very interesting and informative speech on the Canadian Grain Commission. He referred to food safety. I would like to know his thoughts on that subject. Is there a connection between Bill C-13and food safety in Quebec and Canada?

Canada Grain ActGovernment Orders

April 2nd, 2009 / 11:25 a.m.
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Bloc

André Bellavance Bloc Richmond—Arthabaska, QC

Mr. Speaker, I thank my colleague very much for his question.

At the end of my speech, I spoke of the report that was presented. Bill C-13 does take food safety into account. We are aware of the possibility of certain risks. According to the report, Bill C-13 is forgetting the lessons learned about the danger of reducing public inspections. The bill would, in fact, eliminate the independent governmental inspection of grain delivered to the main silos in Canada, and would leave the grain companies free to organize their own inspections.

Not wishing to rub salt into any wounds, I would point out that this was exactly what we learned in committee. We were told that a permanent employee of the Canadian Food Inspection Agency was let go because he provided his union with a document indicating that the government was preparing to deregulate, and in fact had already begun, as far as the number of inspectors was concerned. We are all aware of what happened in the listeriosis crisis. There is reason for the general public, and the consumers of food items, be they meat or grain, to be very worried about the direction the government is taking with respect to food safety.

“Keeping pesticide-treated grain, glass, rodent excreta and other dangerous contaminants out of Canada’s food grain system is too important a responsibility to hand to grain companies,” said Scott Sinclair, senior researcher for the Canadian Centre for Policy Alternatives study I mentioned earlier. We certainly have reason to be concerned about this government's policy.

Canada Grain ActGovernment Orders

April 2nd, 2009 / 11:30 a.m.
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Liberal

Wayne Easter Liberal Malpeque, PE

Mr. Speaker, I, too, listened to the member's remarks and appreciated them. As well, I appreciate the tremendous work that this member does on the Standing Committee on Agriculture and Agri-Food.

I know that he was there during the original hearings that we had on the Canadian Grain Commission. In the last Parliament the government introduced Bill C-39. There was a lot of opposition to Bill C-39 and it died on the order paper. I would have thought that the government, by introducing Bill C-13, would have changed the bill to accommodate those concerns, and there are many. I outlined them in my remarks earlier.

I think the key concern is that the bottom line principle in Bill C-39, previously, and Bill C-13, now, changes the mandate of the Canadian Grain Commission from being in the interests of producers to being in the interest of industry.

This Canadian Grain Commission has been around for a long time. In fact, it has put Canada as the number one reliable supplier of quality grains in the world. This undermines our being a quality grain supplier, but more so undermines the protection for producers.

Is the government just not listening? Does it not care about producers? How is this government bill going over in Quebec relative to that issue? I wonder if the member could comment.

Canada Grain ActGovernment Orders

April 2nd, 2009 / 11:30 a.m.
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Bloc

André Bellavance Bloc Richmond—Arthabaska, QC

Mr. Speaker, that is exactly what I was just saying. I mentioned Bill C-39. The government had to be aware that it provoked major reactions across Canada, not only among members of the inspectors' union, who could lose their jobs—I read some quotes earlier—but among agricultural producers themselves. Its mandate is being changed, transformed, even though it has been clear for years that the commission is supposed to carry out its mandate in the interests of the agricultural producers. Now it is going to be in the interests of the industry. Everyone agreed that the bill and the Canadian Grain Commission needed updating, but the government's approach to making those changes caused an outcry. That is what was in Bill C-39.

We have good reason to wonder why the government failed to learn from its mistakes and decided to reintroduce the same bill. It is exactly the same thing. Bill C-13 is a carbon copy of Bill C-39. Between the first and the second iterations, the government should have done some work. It should have paid attention to people's concerns and outright protests. The opposition has always pointed out the bill's shortcomings. Had the government been serious about doing its job, it would have introduced a modified bill that would have responded, at least in part, to some of these concerns. But it did not do its job. It simply changed the bill's number and reintroduced it, and here we are now. People still have the same concerns, and they are still just as worried as they were before.

Canada Grain ActGovernment Orders

April 2nd, 2009 / 11:35 a.m.
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NDP

Alex Atamanenko NDP British Columbia Southern Interior, BC

Mr. Speaker, it is once again a pleasure to be here in front of a full House. I am sure I will get a standing ovation from all of my colleagues after my speech.

I am happy to speak to Bill C-13, An Act to amend the Canada Grain Act. As has been said earlier on, the all-party Standing Committee on Agriculture and Agri-Food had made a number of recommendations. For example, it recommended that any eventual bill clearly protect the interests of grain producers. We are seeing that this bill does not address that explicitly. Another recommendation was to conduct a cost benefit analysis of contracting out services prior to any further movement on this issue. Of course, this has not yet been done.

Another recommendation was to support pilot projects in contracting out services for grain inspection. In other words, to try and see on a small scale if this would work. To my knowledge, this has not yet been done. Another recommendation was for the Canada Grain Commission to receive adequate funding to improve its services, particularly regarding the flexibility of authorizing overtime. We have not seen any substantial increase in funding for the Canada Grain Commission.

All members of all parties recommended that the federal government report back to the standing committee prior to the tabling of new grain legislation on the various models that could be implemented for protecting grain farmers. As we see, to date, this had not been done.

As we debate this bill, the question we have to ask ourselves here is: Are we moving ahead without the proper groundwork? Are we moving ahead without having conducted the necessary study and evaluation of what this could mean for the history of the grain industry in Canada?

After studying the report, the Standing Committee on Agriculture and Agri-Food tabled a report in the House, and many of the recommendations in that report are reflected in the bill. The committee recommended first and foremost that any eventual bill clearly protect the interests of grain producers. Bill C-13 makes major changes to the structure of the CGC that have producers afraid that the commission will not be required to act for the benefit of the grain industry as a whole. There is a difference here: by putting the interests of grain companies and farmers on the same footing, the government is not taking into account the power imbalance between them.

Bill C-13 does not provide for creating an independent office of grain farmer advocacy, as the committee recommended in order to protect producers' interests. If the commission does not have the authority to act decisively for the benefit of producers, the grain companies will try, slowly but surely, to have it eliminated completely.

Once again, we see this bill as a step toward the deregulation of the agri-food industry here in Canada. We must be very careful before making such a decision.

Instead of helping Canada's grain producers in these troubled economic times, the amendments to the Grain Act could and would shift the purpose of the Grain Act away from protecting producers' interests and expose them to financial harm by eliminating the requirement for grain buyers to post security bonds.

It would also dismantle the Grain Appeal Tribunal, which protects producers from unscrupulous behaviour on the part of grain companies, and eliminates the commission's services that independently determines the quality and quantity of grain delivered, returning producers to the position of not knowing if they are receiving fair payment.

Agriculture union president Bob Kingston says:

These changes will hurt grain producers just like the Conservative’s effort to strip farmer control of the Canadian Wheat Board. They also threaten the quality advantage Canadian producers enjoy over competitors.

The Canadian Grain Commission has served as an independent arbitrator working to settle disputes when they arise about the quality and quantity of grain that producers bring to the market. Typically this function protects producers and makes sure that they are fairly paid by the powerful companies which buy and export.

Canada's reputation for top quality grain is protected by the grain inspection services supplied by the Grain Commission. We understand that if this bill is accepted, there will be around 200 jobs lost, in other words, inspectors who are there to ensure quality and to protect Canadian citizens and our customers.

The commission also provides independent, objective and comprehensive information about the quality and quantity of Canadian grain that is crucial to the international marketing efforts of the Canadian Wheat Board.

The proposal that we have before us would diminish the Canadian Grain Commission by killing the commission's inward inspection and weighing service, leaving producers disadvantaged in their dealings with grain companies when it comes to determining grain weight and grade.

With a loss of the commission's weighing and grading service, producers may not be paid for the quantity and quality of grain delivered. Currently, the Canadian Grain Commission routinely revises upward grain grades and corrects quantity measurements, resulting in fair payment to producers. While producers have the option to hire a private company to grade and weigh their grain under the Conservative proposal, no companies capable of this task exist today, so once again we are moving forward without crossing the t's and dotting the i's.

We do not have a plan. We have not done the research to ensure there will be no problems if we move ahead with this bill.

Another point of this bill will eliminate the requirement for grain buyers to post security bonds and expose grain producers to financial harm in the event of grain buyer bankruptcy or refusal to pay. It also dismantles the Grain Appeal Tribunal, which protects producers and the Canadian Wheat Board from unscrupulous behaviour on the part of grain companies.

In Vancouver alone it is normal for more than 100 appeals to be launched in a day. These changes may result in increased costs to producers with a shift to a for profit service delivery model.

I would just like to emphasize that the Canadian Grain Commission and the Canadian Wheat Board's collective marketing strategies that we have developed exist to protect producers, often from the profit-making motivations of the large multinationals. We have seen that before and we see that today.

What is also disturbing is that Bill C-13 poses a risk to Canada's international reputation. Our grain is in demand because no other country offers a quality guarantee backed by a system of government inspections as stringent and as comprehensive as is done in Canada.

It is also there to protect our quality brand. Canada even has programs and procedures to prevent Canadian grain from being mixed with imported U.S. product to ensure the integrity of Canada's quality guarantee. According to the report “Threatened Harvest: Protecting Canada’s world-class grain system”, put out by the Canadian Centre for Policy Alternatives, there could be a problem with the quality and safety of the grain because of a lack of inward inspection.

Along with Canada's international reputation as a producer of the highest quality at risk is the quality premium paid to Canadian producers. Once this quality incentive to ship Canadian grain separate from American grain is lost, we expect Canadian grain will be shipped over land, mixed with the lower quality American product and shipped through U.S. ports.

We do not have to be experts in agriculture or have a PhD. to understand that, by doing this, the quality of our product goes down. As the quality goes down, then our reputation as an exporter of grain goes down.

I would also like to quote from a press release from the Canadian Centre for Policy Alternatives, which says:

The bill would also end an established security program for farmers that guarantees they are paid for the grain they deliver, thereby increasing farmers’ risk of catastrophic financial losses if a buyer cannot, or will not, pay for delivered grain.

“In this global economic downturn, and with no workable alternative in place, the government is kicking away a key pillar of financial stability for Canadian grain producers,” says CCPA Research Associate Dr. Jim Grieshaber-Otto.

I have met Mr. Grieshaber-Otto, who wrote the report. We need to pay attention to what he said. The press release goes on:

If these and other controversial government proposals are implemented, they would:

reduce the reputation and competitiveness of Canadian wheat in international markets;

decrease the price premium Canadian producers now receive for a distinctive product;

increase the risk of food-safety problems; and

augment the power of huge U.S.-based multinational grain companies at the expense of Canadian producers.

I would also like to quote from a press release put out by the National Farmers Union, another group that is very upset with the bill. It represents many farmers across western Canada. It states:

The bill will add tens of millions of dollars of extra cost to farmers. The CWB and farmers will have to spend their own money to replace the destruction of independent testing by the Grain Commission. Regardless of the extra money spent by farmers, the tests will still not be seen to be independent and unbiased. Regardless of whether it is the Canadian Wheat Board that does the test or a contracted private testing company, the testing results will not have the credibility or standing that the current Canadian Grain Commission test has.

According to the National Farmers Union press release:

Bill C-13 is aimed at deregulating the grain industry, and would fundamentally change the mandate of the Canadian Grain Commission...“It removes the requirement that the CGC operate as a public interest watchdog that regulates the overall grain industry in the 'interest of producers'. Instead, it changes the CGC's role to become a passive service provider that provides grading, weighing and inspection services to grain companies on a fee-for-service basis. Farmers' protections will be reduced to a minimum, with plenty of loopholes for companies to circumvent those limited protections.

Bill C-13 would eliminate inward inspection and weighing of grain, thereby undercutting the CGC's ability to maintain high-quality standards, and putting grain farmers and consumers at risk.

It is for this reason that today I move:

to delete all the words in the motion following “That”, and replace them with the following:

“Bill C-13, An Act to amend the Canada Grain Act, Chapter 22 of the Statutes of Canada, 1998 and Chapter 25 of the Statutes of Canada, 2004 be not now read a second time, but that it be read a second time this day six months hence”.

Canada Grain ActGovernment Orders

April 2nd, 2009 / 11:45 a.m.
See context

Conservative

The Acting Speaker Conservative Barry Devolin

Questions and comments, the hon. member for Malpeque.