Marketing Freedom for Grain Farmers Act

An Act to reorganize the Canadian Wheat Board and to make consequential and related amendments to certain Acts

This bill was last introduced in the 41st Parliament, 1st Session, which ended in September 2013.

Sponsor

Gerry Ritz  Conservative

Status

This bill has received Royal Assent and is now law.

Summary

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

Part 1 of this enactment amends the Canadian Wheat Board Act to change the governance structure of the Canadian Wheat Board and to make other changes in preparation for the implementation of Parts 2 and 3. Part 2 replaces the Canadian Wheat Board Act with a new Act that continues the Canadian Wheat Board and charges it with the marketing of grain through voluntary pooling. Part 3 provides for the possible continuation of the Board under other federal legislation, while Part 4 provides for its winding up if no such continuation occurs. Finally, Part 5 provides for the repeal of the new Act enacted by Part 2.

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.

Votes

Nov. 28, 2011 Passed That the Bill be now read a third time and do pass.
Nov. 28, 2011 Failed That the motion be amended by deleting all the words after the word "That" and substituting the following: “this House decline to give third reading to Bill C-18, An Act to reorganize the Canadian Wheat Board and to make consequential and related amendments to certain Acts, because members of the Committee were unable to hear testimony from the primary producers affected by and concerned with the future commercialization of the Canadian Wheat Board”.
Nov. 23, 2011 Passed That Bill C-18, An Act to reorganize the Canadian Wheat Board and to make consequential and related amendments to certain Acts, as amended, be concurred in at report stage.
Nov. 23, 2011 Failed That Bill C-18 be amended by deleting Clause 55.
Nov. 23, 2011 Failed That Bill C-18 be amended by deleting Clause 46.
Nov. 23, 2011 Failed That Bill C-18 be amended by deleting Clause 45.
Nov. 23, 2011 Failed That Bill C-18, in Clause 14, be amended by replacing lines 38 to 42 on page 7 with the following: “(2) All the directors are elected by the producers in accordance with the regulations. The directors must designate, also in accordance with those regulations, a president from among themselves.”
Nov. 23, 2011 Failed That Bill C-18, in Clause 14, be amended by replacing line 36 on page 7 with the following: “9. (1) The board consists of fifteen directors,”
Nov. 23, 2011 Failed That Bill C-18 be amended by deleting Clause 12.
Nov. 23, 2011 Failed That Bill C-18 be amended by deleting Clause 9.
Nov. 23, 2011 Failed That Bill C-18 be amended by deleting Clause 7.
Nov. 23, 2011 Failed That Bill C-18 be amended by deleting Clause 6.
Nov. 23, 2011 Failed That Bill C-18 be amended by deleting Clause 3.
Nov. 23, 2011 Failed That Bill C-18 be amended by deleting Clause 2.
Nov. 23, 2011 Passed That, in relation to Bill C-18, An Act to reorganize the Canadian Wheat Board and to make consequential and related amendments to certain Acts, not more than one further sitting day shall be allotted to the consideration at report stage of the Bill and one sitting day shall be allotted to the consideration at third reading stage of the said Bill; and That, 15 minutes before the expiry of the time provided for Government Orders on the day allotted to the consideration at report stage and on the day allotted to the consideration at third reading stage of the said Bill, any proceedings before the House shall be interrupted, if required for the purpose of this Order, and in turn every question necessary for the disposal of the stage of the Bill then under consideration shall be put forthwith and successively without further debate or amendment.
Oct. 24, 2011 Passed That the Bill be now read a second time and referred to a legislative committee.
Oct. 24, 2011 Failed That the motion be amended by deleting all the words after the word “That” and substituting the following: “this House decline to give second reading to Bill C-18, An Act to reorganize the Canadian Wheat Board and to make consequential and related amendments to certain Acts, because it: ( a) fails to respect the will of the majority of prairie farmers who have expressed a desire to maintain the current composition and structure of the Canadian Wheat Board; (b) ignores the fact that the Canadian Wheat Board is funded, controlled, and directed by Canadian farmers and removes their autonomy to maximize prices and minimize risks in the western wheat and barley market; and (c) makes sweeping decisions on behalf of prairie farmers by eliminating the single-desk system that has provided prairie farmers strength and stability for nearly 70 years”.
Oct. 24, 2011 Failed That the amendment be amended by adding after the words “70 years” the following: “, including specifically the elimination of the Canadian Wheat Board’s role in managing transportation logistics and thereby leaving farmers without an effective voice with respect to rail service levels and freight rates; and ( d) breaches section 47.1 of the Canadian Wheat Board Act”.
Oct. 20, 2011 Passed That, in relation to Bill C-18, An Act to reorganize the Canadian Wheat Board and to make consequential and related amendments to certain Acts, not more than two further sitting days shall be allotted to the consideration at second reading stage of the Bill; and That, 15 minutes before the expiry of the time provided for Government Orders on the second day allotted to the consideration at second reading stage of the said Bill, any proceedings before the House shall be interrupted, if required for the purpose of this Order, and, in turn, every question necessary for the disposal of the said stage of the Bill shall be put forthwith and successively, without further debate or amendment.

Marketing Freedom for Grain FarmersGovernment Orders

November 28th, 2011 / 1:50 p.m.
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Portage—Lisgar Manitoba

Conservative

Candice Bergen ConservativeParliamentary Secretary to the Minister of Public Safety

Mr. Speaker, I am pleased and honoured to represent the riding of Portage—Lisgar, an amazing riding in rural Manitoba, full of producers, agriculture, manufacturers, small business, individuals and families that have built lives and communities on agriculture and the importance that agriculture brings to our country. I appreciate being able to support and represent farmers as their member of Parliament.

I want to thank my colleague, the member for Prince Albert and others who have worked so hard on this issue. Many of them are farmers. I want to give my colleagues the due respect they should have for the hard work they have done, as well as opposition members, who we disagree with on what we should do to help farmers. However, I believe the intent of the majority of opposition members is honourable in supporting farmers. I hope at the end of this debate we will be able to put aside all of the angst and division and we will truly see a viable and successful Canadian Wheat Board as well as choice for Canadian farmers.

First, I very strongly support Bill C-18. I will begin with the premise of freedom, freedom that all of us enjoy in the great country of Canada. We enjoy freedom as individuals, of faith and free speech. Business people enjoy the freedom of being able to market their goods and services. As long as the goods or services they market are legal, they should be able to market them within the regulations and laws of Canada. This is a freedom that so many western Canadian farmers who grow wheat and durum have been unable to experience. If all Canadians listening today begin with the thought of freedom for western Canadian farmers to market their wheat and durum just like farmers across the rest of Canada are able to do, that is a good foundation to build on the strength and validity of Bill C-18.

The legislation delivers on our government's long-standing commitment to give western farmers the marketing freedom they deserve. Just like there is a lot of excitement around the Jets coming back to Winnipeg, Manitoba, there is a lot of excitement among farmers and producers around the opportunity to have freedom in marketing their wheat.

I am proud of the role that agriculture plays in keeping our economy strong and stable. In 2009 the agricultural and food industry brought $4.8 billion to the farm gate in Manitoba in total farm cash receipts. It generated just over $4 billion in exports and the agricultural industry directly employed 30,000 Manitobans. The agricultural industry is booming in Manitoba. Some of the best crops are grown in that province. Right across our great country, the agriculture and agrifood industry accounted for over $100 billion in economic activity and over 2.1 million jobs.

I want to speak for a moment about some of the industries in my riding.

Can-Oat, which is an oat processing facility, has done remarkably well since it has been given the freedom to market oats. I visited the facility in Portage la Prairie. I am very proud and I know the people who work there are very proud of the work they do.

Keystone Grain, another business located in Winkler, Manitoba, is able to process all kinds of grains, market and sell them around the world.

Bunge, which is located in Altona in my riding, also processes canola and does a fantastic job. It has just expanded its facilities. We have contributed with Canada's economic action plan. We helped the town of Altona support Bunge and we have another value-added industry in my riding.

Quaker Farms grows and markets vegetables.

What is not in my riding is a pasta plant. There are no value-added industries for wheat or durum. No matter what side of the issue one is on, we want value-added industries to grow and I want them to grow in my riding.

These businesses are tremendous and show what our hard-working farmers and food processors can do when they have the liberty to run their businesses in a free and open market. For too long, Manitoba wheat and barley growers have had that field tilted against them.

On October 18, the hon. Minister of Agriculture and Agri-Food introduced legislation that aimed to level that field by giving farmers the right to choose how to market their wheat, durum and barley independently or through a voluntary Canadian Wheat Board. The marketing freedom for grain farmers act will give every farmer in western Canada the freedom to choose how to market their grain, whether that is to a buyer who pays the full price on delivery or through a pool offered by the Canadian Wheat Board. As has already been indicated, it is our intention to have this marketing choice system in place for August 1, 2012.

Western Canadian farmers want the same freedom and opportunity as other farmers in Canada and around the world and they want to be able to market their grain based on what is best for their own business. Again, just like any other business person in Canada, they want the same freedoms to market their wheat.

I just want to quote a couple of individuals from my riding, people who are producers and who are contributing to our economy.

Lyndon Thiessen a farmer in Winkler, Manitoba, wrote to me and said, “We market all our other crops and are looking forward to doing our wheat completely on our own”.

Mark Elias, from Morden, Manitoba, which is my home town, wrote:

I am writing to encourage you to keep working at removing the Board. Please remove the board. It is costing us all very dearly. I know of businesses in your home town who cannot process wheat and sell products because of the Board. As a local producer I also do not have the option of selling my wheat directly into the US market thereby reducing my profits and the productive potential of Manitoba.

Marketing Freedom for Grain FarmersGovernment Orders

November 28th, 2011 / 1:30 p.m.
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Liberal

Kevin Lamoureux Liberal Winnipeg North, MB

Mr. Speaker, I truly believe that the Prime Minister of Canada has had a very strong personal hatred for the Canadian Wheat Board long before he even became the Prime Minister of our country. I think this whole Bill C-18 to get rid of the Wheat Board has more to do with the personal opinions and feelings of members of the Conservative government. I say that because over 20,000 prairie grain farmers from Alberta, Saskatchewan and Manitoba sent a very clear message to the House of Commons, to this Prime Minister, saying that they see the value of the Canadian Wheat Board and that they do not want the government to get rid of the Canadian Wheat Board. This is the message that I believe the prairie farmers sent to the Prime Minister.

Would the member agree that the vast majority of prairie grain farmers are sending that message to the Prime Minister? Why does the member believe the Prime Minister is not listening to the pleas of the prairie grain farmer today.

Marketing Freedom for Grain FarmersGovernment Orders

November 28th, 2011 / 1:05 p.m.
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NDP

Pat Martin NDP Winnipeg Centre, MB

Mr. Speaker, no, I do not believe this is justified. In fact, I feel so strongly about this that I move that the motion be amended by deleting all of the words after the word “That” and substituting the following: That Bill C-18, An Act to reorganize the Canadian Wheat Board and to make consequential and related amendments to certain Acts be not now read a third time, but that it be read a third time this day six months hence.

Marketing Freedom for Grain FarmersGovernment Orders

November 28th, 2011 / 12:35 p.m.
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NDP

Pat Martin NDP Winnipeg Centre, MB

Mr. Speaker, I thank the House for the opportunity to speak to Bill C-18 at third reading.

I will simply restate what I said in my comments to the parliamentary secretary. This is one of those debates in the House of Commons where reasonable people can reasonably disagree. There are two sides to this debate. When the issue was put to a vote of prairie farmers, the result was split. Some say that it was 60:40, some say that it was 40:60 and some say that, if the right information had been distributed to them so they could have the legitimate facts, the vote would have been higher.

Marketing Freedom for Grain FarmersGovernment Orders

November 28th, 2011 / 12:05 p.m.
See context

Cypress Hills—Grasslands Saskatchewan

Conservative

David Anderson ConservativeParliamentary Secretary to the Minister of Natural Resources and for the Canadian Wheat Board

I can assure you, Mr. Speaker, that on our side of the issue, our supporters are much more mature than we see from some of the other supporters on the other side. If the member from the NDP had wanted to give this lecture, perhaps he could have given it to his young colleague from Churchill last week when she signed in someone who did disrupt the House.

The folks who have come here today are here to celebrate the bill and we are very happy to have them. In fact, over 60 farmers have come here from western Canada at their own expense. They are excited to be here today because they believe in freedom. I am sure they will be in the gallery and will spend the day with us. They are as excited as we are that we are finally at third reading on Bill C-18.

A lot of these folks are my heroes. I get very disappointed when I hear the member for Malpeque and my colleague from Winnipeg denigrate them. He called them goons and stooges. I actually call them friends, and I am proud they are my friends. They are people I have looked up to for many years because they have been willing to stand with the courage of their convictions. This is a very important issue to them and we look forward to moving ahead with them.

I should point out as well, we have two agricultural ministers, the ministers from Alberta and Saskatchewan, who are here this morning. They felt it was important enough to let Canadians know that this issue needed to move ahead. Members probably saw them at the press conference in which they talked about how this showed that democracy did work. One of the ministers said that 10 farmers were jailed and because of that, this was a good day and they needed to be here.

It is time to move ahead with the bill. It is time it move to the Senate and be passed so that by January 1, western Canadian farmers can have the same rights as every other producer across the country.

A number of my colleagues will speak later. I know they will talk about some of history of this, but I want to review it for a few minutes because I know some of the folks opposite either do not know, or do not want to know, the history behind the Canadian Wheat Board and why it was established.

People need to understand that the prairie pools were established in the 1920s and worked very well. Through the 1920s, they were voluntary pools and by 1927 they handled over 50% of the grain deliveries on the prairies. That was all voluntary. The other 50% of the grain was delivered by producers. They were free to market it as they chose. That system worked very well. It is interesting that when the pools started off, farmers did not have grain handling facilities and within a couple of years, they constructed some of their own facilities. Then by 1927 they had about 15% of the facilities on the prairies, but handled over 50% of the grain. Therefore, a lot of the arguments we hear from the opposition today are not anymore valid today than they were in the 1920s.

From 1923 to 1931, the open market served as an alternative channel. Competition was allowed and people were comfortable with that. In the 1930s the depression hit and the pools had some financial troubles. They were trying to buy grain when they should have been selling it and they went broke. That is when the government stepped in.

In 1943, in the middle of the war, a decision was made. A couple of things happened. There had been some small crops, the price of grain was skyrocketing and there was need for cheap grain in Europe, so the Government of Canada stepped in. The order-in-council said that there were two reasons that the board was made mandatory in 1943. One was to stop inflation and the other was to supply cheap grain to Europe. Both of those things cost farmers money.

Therefore, right from the very beginning of the imposition of the monopoly farmers paid the price for it. There are farmers in Western Canada who recognize that even in those days, in the 1940s and 1950s, they were paying the bill for other people. That continued through the 1960s and 1970s and as it did, more and more opposition built up toward the bill. In the 1990s farmers finally had enough. A group of farmers, “Farmers for Justice”, was formed to stand up for the rights of farmers.

We know the story. The Liberals were in power. The farmers tried to export their grain, some of them as little as a few pounds of grain. They took it to the United States and when they came back, they were arrested and charged. It was not good enough for the Liberal government to charge them, but then insisted they go to jail as well. We have a number of people with us today who had the courage of their convictions, who went as far as being willing to go to jail in order to try to get freedom for the rest of us.

It is a pretty remarkable thing to go from the situation in the 1940s, when the voluntary situation was made involuntary and was imposed on people. Then we get to the 1990s and early 2000s and people want a change. Why would that happen? What kinds of things would happen that would make western Canadian farmers demand these kinds of freedoms?

First, they saw that other farmers had those freedoms and they wanted the same freedom. Even more basic than that, there has been a huge change in what happens on the farm. In the old days, when we talked about transportation, we talked about horse wagons and eventually one tonne and two tonne trucks that people would use to haul their grain to town. They could only haul it a few miles to the local elevators, with 30 or 40 bushels at a time. It gradually evolved to three tonnes and then to tandems and now today we have huge semis, B-trains that haul 1,500 bushels at a time and people can haul hundreds of miles if they need to.

Short lines have now been established, which were not in place in the old days when there were only two railways with which people had to deal. Short lines give them options for transportation. On the farm, things have gone from steel wheels to GPS. They have gone from one bottom plows to autosteer sprayers. They have gone from standing sheaves in the field to 450 horsepower combines.

Communications have changed almost as much as the technology. There was hardly any in the old days. People had their information locally and most of them did not even have phones. They would haul their grain to the local elevator, find out what the price was and that was the best they could do. Maybe they had a weekly newspaper or radio that they listened to once in a while, but they were dependent on the local elevator agent for their help. That has changed, and we all know that.

When farmers get up in the morning, the first thing they check is their BlackBerrys and prices. They are ahead of the grain companies. They know at the beginning of the day what they need. They are on the Internet, on Twitter, on Facebook. The daily pricing is available instantaneously to them. They rely on that.

I can give a couple of examples of how the Wheat Board does not and did not react in the old days and why we need change today. I have told this story before. My area in the early 1990s had some frozen grain. The Wheat Board told us it really did not want to market it, so we looked for another market and found one in Montana. We told Wheat Board we would sell our grain in Montana. Then we had a call back from the grain company telling us not to bother, that it was able to buy grain. It turned out it was buying our grain for quite a bit less money than we had arranged with the company. We followed the trucks from of our elevators in Frontier, Climax and Shawnavon, Saskatchewan, across the border and to Montana. We watched them dump that same grain into the pit. We had done a better job of marketing it than the Wheat Board had. It took the grain away from us and sold it at the price it wanted to.

Last fall we had an issue with grading of lentils. In the past these issues would take weeks and weeks to generate even with the frozen grain issue. It took several weeks for us to find out what we would do with it and how we would react. With the grading of lentils, within two or three days people were calling us and telling us there was an issue. Things were pretty much resolved within a week. How things changed with the communication, when farmers were unable to find out what was going on. Now they know ahead of everyone else what needs to be done.

Times have changed. There is a new era that has finally arrived and it is providing the same opportunities for western Canada that farmers across the country have had for such a long time.

I was thinking about this the other day and a question came to my mind. Can those of us in western Canada even understand what freedom will really be all about when we have been locked in this structure for so long? I want to talk about a few of those possible potential opportunities.

First, there are growing and specific variety opportunities. We watched the Swift Current research station develop grain varieties over the years. Many of these varieties because of our grading system have ended up being grown in Montana, not in western Canada. We have had to watch other people grow the grains that we have paid to develop and that should have been available to us.

We are moving into a new era with things like bioproducts and nutraceuticals. What a good time for western Canadian farmers to be able to participate in those kinds of things. We are moving into a time where there are niche strains, where people around the world are asking for small lots of specific grains. Farmers in western Canada have asked for years if it is possible for them to export just a small amount of a particular type of barley or a particular type of durum. The answer has always been no, that the Canadian Wheat Board is not interested in those small lots.

There will be marketing opportunities. There will be opportunities to market through the new Canadian Wheat Board or marketing oneself. People will have a real choice in their marketing.

There will be business opportunities. We have already heard of some of the companies that want to do the value added. They want to spend money in western Canada. That is a different story from what we have heard over the years.

Companies are already committing to new spending. They are talking about investing and new companies are talking about coming into western Canada for the first time. How exciting is that for those of us who live there?

There are personal business opportunities as well. There are at least two examples in the past where those things have been stifled. A young couple I was baking bread and taking it the local farmers' market. The couple's business started to grow and grow and it was making more and more bread. One of the supermarkets wanted to put the couple's bread on its shelf. It was at that point the Wheat Board stepped in and told the young couple that it did not need to do this, that it would market the couple's grain and it did not need to worry about this. Therefore, the couple was not able to continue with it.

Another example was somebody who wanted to grind flour. The Wheat Board interfered with him at every level it possibly could over the years. I know he will be one of those folks who has been waiting a long time for the freedom he will finally have.

On a bigger scale, farmers who wanted to start durum processing plants and pasta plants in western Canada were not even allowed to deliver their own grain to their own companies. The Wheat Board stepped in and disallowed that, so we watched those plants being built in North Dakota.

Entrepreneurs will have all kinds of opportunities. It will be homegrown products, businesses that want to export specialty flours and pastas. There are all kinds of opportunities.

This morning provincial ministers said that they believed there would be provincial opportunities to diversify the economy of the provinces as well. We have always been hewers of wood, drawers of water and growers of grain. This gives us a chance to do so much more.

I want to take a few minutes to talk about innovation, because an open market will attract investment, encourage innovation and create value-added jobs. We will be building a stronger Canadian economy, not just a stronger western Canadian economy.

The wheat and barley business in Saskatchewan alone is a major driver of our economy, bringing almost $2 billion per year to the farm gate. I am confident we can grow that business under marketing choice. Stephen Vandervalk, president of the Grain Growers of Canada, said, “We hope that with an open market we will see far more milling, malting capacity, and we will not need to ship our grain across the mountains”. I think that is the wish of every western Canadian farmers.

We are sensing a new excitement about value added. I already mentioned that we have commitment. For example, Alliance Grain Traders recently announced a $50 million multi-purpose durum and pulp milling facility in Regina. It is great news for durum growers, especially when we hear that Italy is set to increase its imports, due to a supply shortfall in the EU.

Marketing freedom is fundamentally about innovation and about freeing our farmers so they can innovate as well. Innovation has always driven growth in agriculture. I talked a little about that earlier. That is one of the main reasons why our government is working right now to bring marketing freedom to wheat and barley growers in western Canada.

The other day I talked about how value-added processing has taken place in so many of the other crops, the open market crops like canola, oats and flax. We need to have this opportunity for grains as well. We need to tap into the new niche markets for wheat and barley. We can do that through specialty pools, through value-added investment and through all kinds of other innovative strategies.

This will work for the entire value chain, attract new investments to the prairies, create new jobs and revitalize rural communities. It will grow wealth in western Canada. That is why we need to move ahead with this.

I mentioned the other day about canola and flax, but I do not think the opposition understands how big those crops are in western Canada. They have grown from virtually nothing to where canola is now the major crop in western Canada in terms of value. It brings almost $5.5 billion to the farm gate each year. It is driving 70% of world canola exports. It has become a flagship product of our agricultural industry. It demonstrates world-class innovation. It demonstrates the Canadian reputation for food quality. These are the kind of things we can carry over to grain as well, once the bill passes.

Flax is another one of those Canadian success stories. It is used in a host of products, animal feed, flooring, all different kinds of things. We are one of the largest suppliers of flax in the world, accounting for almost half of the world's supply.

Those are just two examples of areas where western Canadians have been able to do their own thing, go to market and grow their own product. They have been extremely successful at that.

I want to talk a little about our agricultural scientists. Over a century ago they tested a new variety of wheat that opened up the west and made Canada into a global grain powerhouse. Today I feel we are standing on the edge of another new era such as that. It is one that will breathe new life into our grain industry and open up a world of possibility for farmers.

I think that one of those developments that scientists are doing for us is kind of a neat thing. We put $4 million into the wheat genome project in order to get new varieties to farmers faster. Just recently, a new exciting durum variety was developed by our scientists in Swift Current, Saskatchewan. It has come onto the market and it offers growers strong yield advantage and improved disease resistance. I do not think that it is a coincidence that its name is AC Enterprise. What better way to usher in marketing freedom than to bring a new spirit of enterprise to our durum producers across the Prairies.

There is a record to be broken in the number of investments our government has made to support Canadian farmers. We have been committed to farmers. We stand with them and we have their backs. We will continue to make those investments that will help bring the sector forward. We want them to have long-term prosperity.

Farmers do not want to be held back by antiquated systems that restrict their ability to run their businesses as they see fit. I am proud that our government is willing and able to bring marketing freedom to western Canadians farmers.

I am very disappointed with the board of directors at the Canadian Wheat Board and their reaction to this bill. They had the option to stand up for farmers and it is time that they did because we are moving ahead here.

Marketing Freedom for Grain FarmersGovernment Orders

November 28th, 2011 / noon
See context

Conservative

Opposition Motion—Closure and Time AllocationBusiness of SupplyGovernment Orders

November 25th, 2011 / 1 p.m.
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NDP

François Lapointe NDP Montmagny—L'Islet—Kamouraska—Rivière-du-Loup, QC

Mr. Speaker, I am pleased to rise in the House to speak to the NDP motion. And quite sincerely, I am especially pleased to speak since it directly concerns your role, Mr. Speaker, which you fulfill so well out of respect for your title in the House. I am a new member. I have the advantage of a fresh outlook, and I can say that I truly appreciate the work you do.

I have a quote here from May 2, 2011: “We must be the government of all Canadians, including those who did not vote for us [I would like to repeat that last part: “including those who did not vote for us”], and that includes the great Quebec nation.”

That is an excerpt from the first speech the Right Hon. Prime Minister, our current Prime Minister, made as the leader of a parliamentary majority.

That was how he felt on May 2, after years in opposition and years of leading a minority government. And now here we are, just a few months later, having to defend the idea of the opposition's right to speak in the House.

I would also like to quote an excerpt from an excellent column that was published in Quebec in La Presse on November 23, 2011. It does a wonderful job of expressing the opinion of a very large majority of Quebeckers and likely Canadians as well:

...sometimes, when a leader reaches his goal [in this case, a majority in Parliament for the current Prime Minister's party], blind partisanship gives way to some magnanimity [lending a compassionate ear, let us say], a word that apparently is not in the vocabulary of...[I will not quote directly, since we cannot use the current Right Hon. Prime Minister's name in the House] and his key ministers.

Do not forget that this government enjoys a majority in the House, but it was elected by only 39.6% of Canadians (16.5% in Quebec, a province particularly badly crushed by the bulldozer).

When, on the night of his victory, [our hon. Prime Minister] declared that his would be a government of all Canadians, it was apparently just empty words devoid of any real intention....

The column used the Prime Minister's last name followed by the words “the bulldozer”.

That is what the columnists who are by far the most popular among Quebeckers are saying in black and white, without mincing words. The same thing is happening in English Canada. We should be worried that things have gotten to this point and that something like this is happening in a democracy as old as ours.

It is all caused by a problem involving overuse of what is called the “gag order”. Before digging more deeply into the problem, I would first like to correct a statement by the government, which is inaccurate to say the least, in response to our motion today. It relates to Bill C-13.

I would simply like to point out that the bill is to implement certain provisions of the budget. We are not postponing passage of a budget, this is about implementing it. Bill C-13 was introduced on October 4, 2011. Contrary to what some of my colleagues opposite have said, we have not been delaying passage of a budget since the throne speech in June. That is simply not the case. We were questioning an extremely important document. One of my colleagues has said it was as thick as a phone book. It was only introduced on October 4. The budget is 644 pages long. There have been only seven days of debate in the House and there was time allocation at each stage. There was time allocation at second reading, at report stage and at third reading.

It is completely incorrect to use this example when we look at what has in fact happened and the very proper behaviour of the opposition, which was simply asking for more time to discuss the 640 or so pages of the budget.

Let us come back to the main problem. The government has the unilateral power to invoke rule 78 concerning time allocation. This is where we have a problem. Canadians already have a democratic deficit.

With our first past the post electoral system, we can end up with a House like this one, where 60 % of Canadians find themselves represented by a minority of members in the House. So we have a serious democratic deficit that has been corrected in a number of modern democracies. I could talk for 25 minutes on this subject alone, so I will not dwell too long on it.

This means we are stuck with this flawed poor first past the post system which distorts the results. What is left for the Canadians who make up that 60 % and more? There is only one thing left for them: the right for their representatives, who have been relegated to a minority, to speak, to introduce numerous suggestions by motion and to be heard. If we take away the very essence of the very little bit of what is left of democratic rights in the present system, we have to wonder what will remain of democracy in Canada. It is as serious as that.

Gagging the opposition seven times in a short time span means gagging six Canadians out of ten, seven times in a few months. If we still think that the government is a responsible government, that the House is a House of representatives, gagging this side of the House seven times means gagging six Canadians out of ten, seven times in a few months. I would like to hear it, if a single one of my colleagues opposite disagrees with this perception or this view of democracy. Can they rise in the House and say that if the opposition is gagged seven times, that is not the equivalent, in the present situation in the House, of gagging six Canadians out of ten, seven times in a few months?

The gag was applied in the case of Bill C-18 on wheat management, a foundation of the economy, a foundation of Canadians’ food supply, which is a somewhat important question. The gag was applied twice. The gag was applied in the case of Bill C-10. It was even done in committee, even in that separate kind of place where we are supposed to be able to hear experts and speak with them. Even there, the gag was applied. And we still have to point out over and over again in the House that Bill C-10 is opposed by the Canadian Bar Association, by the lawyers’ organizations in all provinces and by a majority of the provincial governments. And the gag was applied.

I want to come back to the speech by the Right Hon. Prime Minister about governing for all Canadians. He had a perfect opportunity to prove that between his words and his actions, there might one day be some consistency. We moved a very simple motion more than six times to introduce a Bill C-10A on everything to do with sexual assault against minors. The House would have stood up the next day and adopted the motion. Those six motions were never once considered by the current government, led by a prime minister who began, on the first evening of his first-ever win as a majority government, by saying he would govern for all Canadians.

The first definition that appears after a simple little search on the Speaker's site is as follows:

To ensure the orderly flow of business, the House of Commons observes parliamentary rules and traditions, both written and unwritten. It is the Speaker's duty to interpret these rules impartially, to maintain order, and to defend the rights and privileges of Members, including [the first right mentioned in black and white] the right to freedom of speech.

What the motion is calling for is quite simple, Mr. Speaker. It is to give you this responsibility, which is part of your role, and to give you more powers. We are not playing with something here that does not exist in other countries or inventing a very complex democratic mechanism. We are simply saying that the role of Speaker is indeed to be impartial—a role that the current Speaker is fulfilling very well in the House—and that we are all giving him the role to address this antidemocratic abuse of Standing Order 78 to gag debate to no end, and to ask why there needs to be a gag order.

We have to ask if there are excellent reasons to gag debate and why the government should quickly silence the official opposition, which, in our system, represents the majority of Canadians.

Opposition Motion--Closure and Time AllocationBusiness of SupplyGovernment Orders

November 25th, 2011 / 10:35 a.m.
See context

Conservative

Harold Albrecht Conservative Kitchener—Conestoga, ON

Mr. Speaker, I am splitting my time with the hon. member for Macleod.

I am pleased to rise today to speak to today's motion from the member for Windsor—Tecumseh. I also want to acknowledge the two previous speakers for their good work in the House and the privilege of working with them on the procedure and House affairs committee.

On May 2, Canadians gave the Conservatives a strong, stable national majority government. Canadians expect us to fulfill our commitments to them and that is exactly what we are doing. We are moving forward on our election commitments to implement the next phase of Canada's economic action plan.

There are EI measures within this bill that encourage job creation. There is the accelerated capital cost allowance for small businesses to invest in efficient equipment. There are measures to protect law-abiding Canadians. These important measures for the safety of our communities and for the safety of our children and of our grandchildren have been stalled by the opposition. The Conservatives would also provide marketing freedom for western Canadian grain farmers, something Ontario farmers have had for decades but the same privilege has not been granted to our western colleagues. There are measures to eliminate once and for all the wasteful and ineffective long gun registry. There are measures to provide fair representation to all provinces in the House of Commons and move every single province closer to representation by population. As my colleagues across the way will know, we have MPs serving fewer than 40,000 constituents while others are serving four times that many. This imbalance needs to be addressed.

We have introduced legislation in this House on all of these important measures. However, despite the talking points being used across the aisle, not one of these measures is law yet. We have seen delay tactic after delay tactic. Each of these bills has been extensively debated in the House of Commons and at committee hearings.

As an example, let us look at Bill C-13, the keeping Canada's economy and jobs growing act. This bill would implement the 2011 budget. We on this side of the House think that the 2011 budget should be passed into law in 2011. Looking at the calendar, there is not a lot of time left before we get to the new year. The new year, 2012, is only weeks away and we still have not implemented budget 2011 because of opposition delay tactics.

This bill includes important measures from this year's budget, including a job-creation tax for small business. All of us in this House agree that small business is the economic engine of Canada. There is the family caregiver tax credit. My colleague knows first-hand how important it is to make it easier for families to care for gravely ill relatives. There is the children's arts tax credit and the volunteer firefighters tax credit. In rural and remote parts of Canada, it is important that we have recruitment and retention tools for our volunteer firefighters. There is tax relief for the manufacturing sector, as I mentioned, the accelerated capital cost allowance. The bill includes making the gas tax refund permanent. Municipalities are constantly asking for predictable funding for their infrastructure needs.

All of these measures would promote job creation and economic growth. They would help add to the nearly 600,000 jobs already created in Canada since the global economic recession. These measures were supported by Canadians from sea to sea. They were exactly what Canadians voted for when they re-elected the Conservative government on May 2, with a majority mandate. However, we know the opposition has voted against these job-creating measures. For some reason, it opposes these positive and important job-creating initiatives.

I know today's motion is about debate in this place so allow me to outline just how much debate has already been given to the next phase of Canada's economic action plan. The budget was introduced on March 22 by the Minister of Finance. Debate on the budget started before the opposition forced an unnecessary election. Following the 37-day election campaign, which was focused on the Canadian economy, we moved quickly to reintroduce the budget on June 6. That was followed by four days of debate on the budget in June before we rose for the usual summer break in our constituencies.

When we came back in the autumn, we introduced the keeping Canada's economy and jobs growing act to implement the budget. That bill was debated for four days at second reading before being referred to the Standing Committee on Finance. That committee found time amid its 2012 pre-budget consultations to study the bill. After it was reported back to the House, it was debated for three further days at third reading and report stage. All told, the job-creating measures of the next phase of Canada's economic action plan as set out in Bill C-13 have been deliberated in this House for 12 days. That does not include the two afternoons used for the spring's two budget speeches. Just to repeat, we have had 12 days of debate on these important and urgent economic measures in this House. It is time for action.

I want to turn briefly to a second major bill in this fall sitting, Bill C-10, the safe streets and communities act.

During this spring's election, our Conservative government promised Canadians that we would pass comprehensive law and order legislation within the first 100 sitting days after the election. Looking at today's order paper, I see that today is the 54th sitting day. Just yesterday, the bill was reported from the Standing Committee on Justice and Human Rights. The bill includes important measures, including proposals which would crack down on pedophiles who prey on children, and violent gangs that sell drugs to our children. These are all very important items that need to become law.

Despite some 27 hours or so of committee proceedings dedicated to clause-by-clause study and related business, we already have some 34 amendments to the bill tabled for report stage, which we will have to debate and vote on. I have no doubt whatsoever that we will see that number grow before the bill comes forward for debate on Tuesday morning.

After report stage and third reading, the bill will then go to the other place where the entire legislative process will be repeated.

It is fair to say that we are just about one-third of the way through the passing of Bill C-10 into law. One-third might sound like a breeze to some, but passing the nine predecessor bills to Bill C-10 has been anything but a breeze over the last several years and, in some cases, over three Parliaments. There have already been 95 hours of debate in this chamber alone on these proposals. In both houses there have been 261 speeches. That sounds to me to be pretty thorough debate already.

If I had a lot more time, I would go on about some of the other key priority bills of the government, such as Bill C-20, the fair representation act, and Bill C-18, the marketing freedom for grain farmers act, just to name two. Each has its own important and urgent requirements to become law this fall in order to meet timing demands driven by facts of life outside the House of Commons. Farmers need certainty before they plant their spring crops. Boundary commissions need to know what numbers they are working with, and they need to know that by February.

I cannot help but comment on the proposals set out in the motion put forward today by the member for Windsor—Tecumseh. I have to be honest; I am quite confused by the mixed messages it sends.

The NDP House leader has put forward a motion that would give the Speaker only 19 sitting days to study his proposals. The debate he contemplates following the Speaker's report would appear to last but one single solitary day. If we look at the wording of his motion, the member is basically putting closure on his own motion.

On top of that, it is totally and completely ironic that the Speaker is required by the Standing Orders to put the NDP's motion to a vote after only two hours of debate in this House. This has to be the shortest debate on any item in the House since we came back in September.

In closing, Conservative members will be voting against the motion which tries to sidestep the fact that the opposition parties are trying to stop good things for Canadians, things which Canadians voted for just six months ago. The NDP wants to stop that great progress, to stop these things from becoming law, despite thorough and extensive debate and study.

Opposition Motion--Closure and Time AllocationBusiness of SupplyGovernment Orders

November 25th, 2011 / 10:05 a.m.
See context

NDP

Joe Comartin NDP Windsor—Tecumseh, ON

moved:

That, in the opinion of the House, the thorough examination and debate of proposed legislation on behalf of Canadians is an essential duty of Members of Parliament, and that the curtailment of such debate limits the ability of Members to carry out this duty and constitutes an affront to Canadian democracy; and, therefore,

that the Speaker undertake a study and make recommendations to amend the Standing Orders with respect to closure and time allocation, such that: (i) a Minister would be required to provide justification for the request for such a curtailment of debate; (ii) the Speaker would be required to refuse such a request in the interest of protecting the duty of Members to examine legislation thoroughly, unless the government’s justification sufficiently outweighs the said duty; (iii) criteria would be set out for assessing the government’s justification, which would provide the Speaker with the basis for a decision to allow for the curtailment of debate;

that the Speaker report to the House no later than February 6, 2012;

that a motion to concur in the said report may be moved during Routine Proceedings, and that only when no Member rises to debate the motion, the Speaker shall interrupt any proceedings then before the House and put forthwith and successively, without further debate or amendment, every question necessary to dispose of the motion; and

if no motion to concur in the report has been previously moved and disposed of on the 20th sitting day following the presentation of the report, Standing Orders 57 and 78 shall be deemed to have been deleted.

Mr. Speaker, this motion has been brought before the House at this time because of the government's gross overuse of shutting down debate in the House, whether it is by a formal closure motion, which shuts down debate immediately, or by time allocation motions, which provide extremely limited time for debate on crucial issues facing both the House and the country more generally.

It is important that we recognize the effect of the motion. It is not that you, Mr. Speaker, need a greater workload, but that is the thrust of the motion. The motion would remove a government's unilateral ability to shut down debate in the House and would allow the Speaker, as an independent officer of Parliament, to make the decision as to when it is appropriate to curtail debate and when it is an abuse of the process. Therefore, a request for curtailment of debate could in fact be rejected by the Speaker of the day.

I have done some analysis of other jurisdictions that have similar parliaments to ours, such as the United Kingdom, New Zealand and Australia. Going back some 20 or 30 years, all of them moved to provide greater authority to the speaker to regulate when debate should be curtailed, limited or ended. In each of those parliaments, it is quite clear that it is the speaker who ultimately makes the decision in that regard.

The authority is different in each of those legislatures but the general wording and conduct of the speaker has always been: Is the request for curtailment or ending debate an abuse? Oftentimes the term “of a minority segment of that parliament” is used. It may be a large official opposition or it may be a small third, fourth or fifth party, but the speaker has the authority in each one of those parliaments to make the determination as to whether the request by the government to end or limit debate is an abuse of the rights of the members of Parliament.

I will move on to the context in which this motion is being put forward.

In less than two months of sitting days, we have had time allocation applied to Bill C-13, the budget bill, which was 640 pages long. We were given extremely limited time to debate it. It is the only time, that we have been able to determine, in the history of this country that such a limited amount of time has been given to a budget bill. I know the government House leader said that we had some debate on this in the previous Parliament. However, we have 100 new members of Parliament who were not here and had no opportunity to debate this in the last Parliament.

It is fundamental to our process that a budget bill be given a full extensive debate. We can go back to any number of the authorities where that is repeated over and over again, and not just in this legislature, but in every legislature that works off the Westminster model.

We then had Bill C-18 dealing with the Canadian Wheat Board. This is an institution that is well over 70 years of age. It is iconic in this country. However, on two occasions, at second reading and report stage, we were again slapped with time allocation.

The Wheat Board and the farmers in western Canada were entitled to that debate. The opposition should have been given time in both the House and in committee to deal with that issue. We were given extremely limited time given the significance of what was going to happen if the bill passed, especially when the majority of farmers in western Canada, who use the Wheat Board to sell their wheat, oppose the bill. However, again we were slapped with time allocation on two occasions.

Bill C-10, the omnibus crime bill, is made up of nine former bills brought together. Again the House leader said that we had time to debate this legislation. More than 100 new members did not have time to debate this extremely complex bill because they were not here in the last Parliament.

The Conservatives have accused the opposition of delaying this legislation. On more than one occasion, the NDP has offered to take the part of the bill that deals with crimes against children, sexual predator type crimes, and run it through at all stages. It already passed through the House once before, so we were quite comfortable in having that done. On the more than one occasion that we offered that to the government, it refused and then slapped time allocation on the balance of the bill.

It was the same thing with Bill C-19, the gun control bill. We were given extremely limited time to debate an issue that is topical and very controversial. As the debate has gone on, more and more evidence has come out around reasons to not do away with the long gun registry. There was no opportunity to debate that legislation in the House to any significant degree.

Finally, Bill C-20, the seats bill. The bill proposes to make significant changes to the composition of this Parliament and again we are being limited to a significant degree in our ability to deal with it. I sit on the committee that is looking at the bill and the same thing is happening there. Extreme limitations are being placed at committee with regard to the number of witnesses we are allowed to call.

It just boggles my mind when I try to understand what is going on, and I think I am reasonably intelligent in terms of understanding it. It is a complex process that is being engendered now and it is new. It is not what was here in the last Parliament at all. The bill is a new incarnation of the process. It would make a very significant change and we are being given nowhere near the amount of time that we will need.

If we continue with the practice as it is right now, Bill C-20 will be out of committee and back before the House either by the end of next week or early the week following, when we have limited time to debate it here in the House and limited time in committee. The same can be said about the other four bills that I just mentioned. They all have had limited time in committee.

That is the context that we have. We have a precedent, if we want to put it that way, in other legislatures.

Mr. Speaker, I will be sharing my time with the member for Louis-Saint-Laurent.

As I said earlier, we have this other precedent. If the bill passes, it will mean more work for the Speaker of this Parliament and subsequent Speakers. However, we need to find a much more proper balance in terms of our ability as opposition members to do our job. Our responsibility here is to determine whether legislation coming from the government is appropriate but we are not able to do that in the amount of time that we are being given at this point. We need to take the government's ability to limit time and place it in the hands of an independent member and, in this case, that would be the Speaker and his successors.

Business of the HouseOral Questions

November 24th, 2011 / 3:05 p.m.
See context

York—Simcoe Ontario

Conservative

Peter Van Loan ConservativeLeader of the Government in the House of Commons

Mr. Speaker, this is delivering results on jobs week.

I will begin by noting that the highlight of the week was the passage of the budget implementation act, Bill C-13, keeping Canada's economy and jobs growing act. That legislation has now moved on to the other place where we look forward to its passage.

We have also advanced Bill C-18, the marketing freedom for grain farmers act, past report stage. This bill would give marketing choice to western grain farmers, so it is a priority for us to have market certainty and have it passed by next year. For that reason, it is our intention to complete third reading of the bill on Monday.

Of course, Tuesday afternoon and again this morning, the House has continued debate on the opposition amendment to decline second reading of Bill C-11, An Act to amend the Copyright Act. We will continue that debate this afternoon. If the opposition finishes their effort to block this bill—after 16 hours of speeches—we will proceed to Bill C-14, Improving Trade Within Canada Act.

Tomorrow will be the sixth allotted day.

On Monday, we will start here for law-abiding Canadians week.

On Tuesday, we will start the post-committee stages of Bill C-10, the safe streets and communities act. This will continue on Wednesday. I note that it was reported back from the Standing Committee on Justice and Human Rights this morning. I do want to thank the members of the committee on their 27 hours of meetings in just the past couple of weeks. All told, including the nine predecessor bills within this legislation, we have seen 95 hours of House debate, 261 speeches in both chambers of Parliament, not to mention 70 meetings in committee rooms of this place.

On Thursday, we will continue here for law-abiding Canadians week with the start of debate on second reading of Bill C-26, the citizen's arrest and self-defence act, which the Attorney General introduced recently. Should time permit after that debate next week, we will return to debate the opposition's motion to block Bill C-4, the human smuggling bill, from going to committee. We hope we will be able to complete the debate on the opposition's motion to prevent that bill from going to committee soon so that we may actually have it go to committee.

Finally, as part of this week’s delivering results on jobs week, on behalf of my honourable friend, the Minister of Finance, I am pleased to table a ways and means motion in support of the establishment of a financial literacy leader for Canada. As honourable members would know, November is Financial Literacy Month; an issue championed by the hon. member for Edmonton—Leduc, the chair of the finance committee.

Pursuant to Standing Order 83(2), I ask that an order of the day be designated for the consideration of this motion. For the benefit of the House, I plan to call this motion immediately after question period on Tuesday of next week.

Business of the HouseOral Questions

November 24th, 2011 / 3:05 p.m.
See context

NDP

Joe Comartin NDP Windsor—Tecumseh, ON

Mr. Speaker, I have noticed a disturbing trend developing around the Thursday question over the past several weeks. It is a trend that allows the government House leader to take advantage of a certain convention.

The hon. member on the government side is using the Thursday statement to create spin and rhetoric concerning the government's legislative agenda.

Last week, even after my colleague from Laurier—Sainte-Marie reminded the House that there was no place for debate in the Thursday statement, the Leader of the Government in the House of Commons made a 600-word speech on the virtues of the schedule, instead of simply reading out the schedule.

That is what he is supposed to be doing. In fact, he argued in favour of a number of bills, including Bills C-18, C-13 and others.

If you review the record, Mr. Speaker, there can be no doubt that it was debate, not simply providing information, as the Thursday question is supposed be for.

Also, Mr. Speaker, you will know as well as anyone else that this past week, the government voted to shut down healthy debate for the 10th time in this Parliament. It continues to undermine Canadian democratic principles by ramming bills through the House without adequate debate. This, too, is a radical and much more serious departure from the traditions of this place which enshrine the duty of MPs to exam and debate legislation comprehensively before passing judgment on it.

I would ask the government House leader what the business of the House will be for the next week. I would also ask, if he is allowed to stray from his talking points, if he perhaps could spare us the spin from the Conservative war room and curtail his own debate rather than that of MPs trying to do their jobs on behalf of all Canadians.

Copyright Modernization ActGovernment Orders

November 24th, 2011 / 12:45 p.m.
See context

NDP

Djaouida Sellah NDP Saint-Bruno—Saint-Hubert, QC

Mr. Speaker, I wish I knew what the Conservatives have against this country's workers. After the tax cuts to large corporations, the subsidies to oil companies and all the inappropriate expenditures for the G8 and the G20—always with Canadian taxpayers' money—the government now wants to target our artists' income.

Many of the artists we love, admire and appreciate are not rich. The majority of them have a very modest income and, because of the nature of their occupation, it is not a stable income. They must accept contracts and work at many jobs to provide for their needs and those of their family.

In Quebec, the average income of artists is estimated at $24,600 per year, based on the 2006 census data. We are talking about $24,600 to pay for rent, food and transportation, to send one's children to school and look after their needs. That amount must also cover heating costs and the material needed to create. What makes things even worse is that, with an annual income of $24,600, Quebec artists are considered to be the richest in Canada. That same year, the average income for artists in Canada was estimated at $22,700 per year.

These numbers reflect the reality of our actors, painters and singers. Our artists are struggling to make ends meet. While all the evidence should convince the government to provide increased support to our creators, it prefers, as in Bills C-10 and C-19, to ignore the facts and please the cultural industry's big businesses. This bill is going to hurt artists and make them poorer. And they certainly cannot afford that.

The Union des artistes is worried about its members' income and so are we on this side of the House. How can artists continue to create if they do not have the means to do so? Copyright royalties are an important source of income for Canada's creators. This government must ensure creators receive their fair share and are paid for their work.

I wish this government would take out its earplugs and start listening to the Society of Composers, Authors and Music Publishers of Canada, which is asking that the bill be amended so that artists are compensated fairly for the use of their creative work in the new media.

I also wish it would listen to the Society for Reproduction Rights of Authors, Composers and Publishers in Canada, which is telling it that this bill is going to have a significant impact on creators' income and that it needs to be amended in order to strike a balance between the interests of creators and those of consumers. Unfortunately, as with Bills C-10, C-13, C-18 and C-20, this government prefers to turn a deaf ear.

Passing this bill would have a very negative impact on our country's cultural industry, and it would have a direct impact on creators' income. Moreover, many people are worried about producers and publishers, who would not enjoy the same protection as holders of scientific patents.

We are not stupid. Canada's copyright laws need to be reviewed. Former Bill C-32 was reviewed in committee, but the Conservatives chose yet again to ignore the recommendations made by the witnesses who appeared before the committee.

This bill could potentially create more problems than it solves. That is why I cannot support it in its current form. Even the Union des artistes finds that some of the wording is ambiguous and that court challenges are inevitable. For example, they cite the concept of fair dealing for the purpose of education and that of reasonable grounds.

Why is this government still refusing to listen to opinions that differ from its own? Why does this government not want to work with all the players involved in copyright in order to reform it properly and adapt it to the reality of the 21st century? Such stubbornness would not be so bad if Canadians did not have to bear the consequences of the government's bad bill. Copyright in the digital age has to build on two fundamental principles: accessibility for consumers and remuneration for the artists.

Unfortunately, the Conservative government has not respected either principle. It is directly compromising the millions of dollars in royalties artists receive under current copyright legislation, and it is encroaching on consumer rights by adopting provisions on digital locks.

The fact is that this bill gives consumers rights they will not be able to exercise. The general provisions on digital locks will allow the companies to decide which legal rights can be exercised and which cannot. This unbalanced perspective will end up harming artists and educators. That is also quite worrisome.

I urge this government, the Minister of Industry and the Minister of Canadian Heritage and Official Languages, to review this bill in light of what was said in committee during consideration of the now defunct Bill C-32 and to listen to what the artists have been trying to get across, in order to ensure that this copyright reform is balanced and beneficial to everyone.

Report StagePoints of OrderGovernment Orders

November 23rd, 2011 / 5:15 p.m.
See context

NDP

Niki Ashton NDP Churchill, MB

Madam Speaker, today and the few days that we have spent talking about Bill C-18, I believe will be remembered as the days where the Conservative government stood up for big agri and against the wishes of so many farmers across western Canada. These farmers have asked for the most fundamental of actions: the right to vote. In fact, it is not only farmers who have asked for it, it is in section 47.1 of the Canadian Wheat Board Act.

Many government members come from a part of the country where so many people depend on agriculture, have been part of building the Canadian Wheat Board and have benefited from the work of the Canadian Wheat Board. Why is the government refusing to listen, in many cases, to its own constituents?

Is it because a plebiscite that came out at the end of the summer indicated that 62% of western grain growers actually wanted the Canadian Wheat Board to exist? Is it because the Conservatives are afraid of opposition from people on the ground? Is that why they rammed through legislation, not just here in the House, but also through the technical committee?

Why is the government so afraid to listen to the voices of the people across western Canada? Why is it is so afraid to listen to its own constituents, some of whom have spent days on Parliament Hill asking the government to take some time, to see the analysis and to be heard on the insecurities they have about something as fundamental as their livelihood?

When asked about the analysis, researchers indicated that it was not there, that there was no plan. Many of the people I represent in Churchill are extremely unsure about their job security. They talk about having to leave and uproot their families. They know that as the last shipment of grain goes through, their livelihoods are immediately at risk. They have not seen a plan. Officials at all government levels have indicated a similar position and people are left in chaos and with a great deal of uncertainty as they go forward.

The same is applicable to farmers across Manitoba, Saskatchewan and Alberta. So many have contacted not just members on our side of the House, the NDP, but members on the other side of the House as well. Many were told by their own members of Parliament that they were too busy to meet with them and many did not get their calls and letters answered.

At the most fundamental level, those members of Parliament were sent here to represent the interests of their constituents. However, today, in voting to finish debate so quickly on Bill C-18, the theme has been to stand against farmers, to stand against the recognition that we need to hear from the very people who are most affected by the legislation. People have said that there is no hurry and they want to take the time.

We have heard the minister talk about goals and deadlines. Whose goals and deadlines are these? They echo the messages from Cargill and Viterra, the largest argribusiness corporations here in Canada and around the world. Those are the deadlines that the government is working on. It is not listening to the voices of farmers and western Canadians.

There are so many questions that must be asked as the government rams through this legislation.

I asked a question in committee and I will ask it again today. What about the contingency fund that is made up of money from farmers? We have heard that the government will take this money and hand it to the institution it is creating, instead of giving it back to the very farmers to whom it belongs. Yet more questions , but no answers. Will the money go as severance or will it go toward the parcelling off that would inevitably take place by large agribusiness corporations?

There are so many questions, but the lack of answers indicate that farmers are not being heard. The money that they have invested year after year will not be given back to them.

What does this legislation mean to so much of what the agricultural economy involves in western Canada, to the Port of Churchill, through which so many tonnes of Canadian wheat has gone around the world; to short line rail that is not just critical for the movement of grain, but also the connection that communities need across rural western Canada; the future of inland terminals and the kind of infrastructure that dots the prairie landscape;and the future of so much infrastructure that is not just about livelihood, but is essentially about livelihood, but it is also about the future of rural families and rural communities across western Canada?

The government, in acting the way it has on Bill C-18, in its vigour to dismantle an institution that has shaped the economy and the social landscape of prairie Canada, in showing such contempt for the important institution of the Wheat Board, it is showing contempt for western Canadians and their voices.

At what point will much of Canada also realize that this is about all of us. We are seeing this increasingly happen as the government moves time allocation on issue after issue to which it feels many Canadians are opposed.

As Canadians across the country see the kind of contempt that the government has shown to the collective work that farmers have done through the Wheat Board, they know that tomorrow this might also mean other marketing boards, that the day after that it might also be the future of our public broadcaster, the CBC, and that the day after that it might also be the future of an institution that is so critical to us, medicare.

Why does the government not believe that Canadians ought to come together to make the kind of decisions that matter to us in terms of our livelihood, the future of our families and the future of our communities? What do the Conservatives have against listening to the very people they claim to represent, western Canadians? Why do they not allow time in this debate? Why do they not allow a vote for western farmers? Why do they not allow for the proper research to take place as to what would happen once the Wheat Board is dismantled?

Why do the Conservatives not answer the questions as to how our fate will be so similar to that of Australia where month after month the livelihood of farmers has suffered as a result of the loss of the Australian wheat board, and where their once proud brand has taken a beating because it is now no longer an Australian brand, but belongs to Cargill and other global corporations that have a piece of the pie?

Is that where the government wants to take our country, to give the hard work of farmers, that important question of who produces our food, that has allowed it to be the best wheat in the world and to throw it away and hand it over to corporations such as Cargill that will not be reinvesting in our communities the way farmers who have been involved in running the Wheat Board have, that will not be investing in the Port of Churchill and that will not be investing in short line rail and the kind of infrastructure that our rural communities need?

Even in our urban centres we know that losing the Wheat Board means real loss, for example in Winnipeg and the loss of jobs that will occur there once the Wheat Board is lost.

There are so many questions that remain unanswered but there is one conclusion. The Conservative Government of Canada, which claims to speak for western Canadians, has, today, failed them. We need a government in this country that represents all regions of Canada.

Report StagePoints of OrderGovernment Orders

November 23rd, 2011 / 5 p.m.
See context

Blackstrap Saskatchewan

Conservative

Lynne Yelich ConservativeMinister of State (Western Economic Diversification)

Mr. Speaker, I am pleased to be here to participate in this debate today on a very important piece of legislation that our government believes will position Canadian farmers well with their businesses to capture the marketing opportunities that are open to them.

Western grain farmers want the same marketing freedom and the same opportunities as other farmers in Canada and around the world. Western Canadian grain farmers have what it takes to succeed in an open market. They have shown this very clearly in recent years with the tremendous growth of the canola and pulse industries. The government wants to give wheat and barley farmers in Western Canada the same freedom to market their products as farmers in the rest of Canada because we know this will create new opportunities for them and put more money in their pockets.

The marketing freedom for grain farmers act will give western Canadian wheat and barley farmers the freedom to market their grain as they choose. It will open up a world of possibilities for them, unlocking the economic potential of the prairie grain sector by removing the requirement that they market wheat and barley for the Canadian Wheat Board.

Many farmers have said that the monopoly of the Canadian Wheat Board has prevented them from getting the best prices for their grain. Jason Ranger, a farmer from Saskatchewan, said that one of the big issues with the Wheat Board is that there is a huge lack of transparency and they cannot see the price that it is selling their wheat. When passed, this legislation will allow western Canadian wheat and barley farmers the freedom to make decisions based on what is best for their business.

On November 9 four picketers were outside my riding office in Saskatoon protesting Bill C-18. James Findlay, an 88-year-old gentleman who lives in my riding, dropped by my office and let me know that he had approached those picketers. He told them that he was a World War II veteran that fought for Canada and fought for freedom. Mr. Findlay asked the picketers what they had done for Canada. He said he was not saying that because he thought he was better than that generation, he was just securing the liberties for which his generation fought. The poorly timed protest to prevent freedom for western Canadian wheat farmers was not lost on this veteran.

I would like to take a few moments to outline some of the key features and timelines with respect to the transition once the bill becomes law and the Canadian Wheat Board monopoly no longer operates as a monopoly. Once Parliament passes the act, western Canadian wheat and barley producers will be able to forward contract wheat and barley sales for delivery after August 1, 2012. As well, grain companies, end users and the Canadian Wheat Board will all be able to offer farmers contracts for delivery after August 1, 2012, and western Canadian producers will be able to sell future contracts for wheat and barley with delivery dates after August 1, 2012.

I am pleased to say that the Winnipeg exchange has announced its plans to offer new Canadian wheat and durum contracts if the legislation is passed. After that date of August 1, 2012, western Canadian farmers will be able to deliver wheat and barley to any domestic or export buyer. Export licences will no longer be required. At the same time, a new voluntary check-off will be put in place to support research and market development and it will be collected at the point of sale.

The new wheat board will have the ability to buy wheat and barley and pooling arrangements, but other details such as terms of delivery and requirements for prior contracting will be communicated by the wheat board as it develops its plan for operating voluntarily. The 2011 and 2012 pool accounts will be closed in the usual way and final payments should be issued by the end of 2012.

Farmers and members in the grain value chain have also expressed concern about the ongoing availability of producer cars as well as the overall grain handling and transportation system in a marketing freedom environment. I would like to address this issue.

The government is in agreement with recommendations made by the working group on marketing freedom. Through this group the government heard from more than 50 organizations and received 20 written submissions from representatives from all aspects of the grain value chain.

The working group recommended that the reform of Canada's grain marketing approach must be aligned with and supported by the modernization of the Canada Grain Act and the Canadian Grain Commission, as well as timely implementation of the government's response to the rail freight service review. That makes sense.

The working group also recommended that the government give market forces every opportunity to work, which we are very pleased to do.

Contractual arrangements between terminal operators and non-terminal companies have worked successfully for other crops. We expect that facility owners will actively seek arrangements for additional grain volume and profitability.

To address anti-competitive behaviour, the government is considering a range of options, including working with the value chain to monitor any anti-competitive behaviour or systematic issues should they arise. The grain value chain will also continue to have access to long-standing tools, including the Competition Act and the Competition Bureau.

The marketing freedom for grain farmers act will not cause a change to the current state of access to producer cars.

The right to producer cars is set out in the Canada Grain Act and the Canadian Grain Commission allocates these cars to producers. We will continue to protect this access.

It is important to point out that most producers have used producer cars but only if the returns are higher than if they were to deliver directly to a primary elevator. Currently, only about 4% of western Canadian grain shipments are shipped by producer cars.

Short line railways and inland terminals will continue to play an important role in getting western Canadian wheat and barley to both domestic and international markets.

Members of the House will be interested to know that when the government's response to the rail freight service review is fully implemented, it will give producer car shippers the ability to establish service agreements with the railways, promoting more predictable and efficient service.

As we announced in March 2011, the government is implementing its response to the rail freight service review with a view to improving the performance of the entire rail supply chain.

We will initiate a quick facilitation process with shippers, railways and other stakeholders to negotiate a template service agreement and streamlined commercial dispute resolution process. We have recently appointed a facilitator to lead this important work.

As well, we will table a bill to give shippers the right to a service agreement to support the commercial measures.

Our government will also establish a commodity supply chain table to address logistical concerns and develop performance metrics to improve competitiveness. We will do this by involving supply chain partners that ship commodities by rail.

In collaboration with Agriculture and Agri-Food Canada, Transport Canada will lead an indepth analysis of the grain supply chain to focus on issues that affect that sector and help identify potential solutions.

We have announced a crop logistics supply chain. This will be a forum for the agricultural value chain to consider the performance of the supply chain for all crops and to exchange views and information on issues arising from the transition to marketing freedom.

We will leave no stone unturned in our efforts to ensure an orderly transition to a system that will allow western Canadian wheat and barley growers to market their wheat in the way they think is best.

Sylvain Charlebois said, “The end of the monopoly will benefit the Western agricultural economy as a whole”. Our government agrees. The end of the monopoly will benefit the western agricultural economy as a whole.

Our government is committed to delivering on our longtime promise to give western Canadian grain farmers the marketing freedom they deserve.

Last week a gentleman by the name of William Cooper attended a formal agriculture committee hearing held in my riding of Blackstrap. The topic was “How young farmers cope”. Witnesses had to be under 40 years of age. The observation that William Cooper made was, “Every witness under 40 year noted that 'They would not include CWB grains in their 2010 rotations because there was no way to manage risk'. They were talking over $200.00 per acre input costs at seeding time and had to have contracts on a portion of their acres, which they could achieve by seeding canola, oats, peas, or feed grains contracted with Pound-Maker feedlot or ethanol plant. Their bankers understand contracts but they do not understand the CWB pool return outlook”.

The other interesting item was that the Canadian Wheat Board monopoly discourages value-added investments. Stats Canada reported--

The House resumed consideration of Bill C-18, An Act to reorganize the Canadian Wheat Board and to make consequential and related amendments to certain Acts as reported with amendments from the committee, and of the motions in Group No. 1.