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.

November 2nd, 2011 / 7:25 p.m.
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Ron Bonnett President, Canadian Federation of Agriculture

Thank you.

Thanks for the opportunity to attend and present to you tonight.

One of the first things I should be clear about up front is that I am not a grain farmer; I am a beef producer. But I'm also president of the Canadian Federation of Agriculture. In our organization, while we don't necessarily represent grain producers directly, a number of our members do. We have groups like Wild Rose Agricultural Producers, Keystone Agricultural Producers, and the Agricultural Producers Association of Saskatchewan, and there are a large number of grain farmers in the membership of those organizations. So when I'm speaking on behalf of those groups, I'm speaking about some of the key issues that we have heard from our members. And here I'm going to be talking about some of the issues that have been identified in the discussions that took place at our board as recently as last week.

One of the things I quickly learned about when I was elected president of the Canadian Federation of Agriculture is the passion on the Canadian Wheat Board issue. There are people who support the board and there are people who feel they should have open market. Each side is very passionate about its views on what is taking place.

I would echo a concern of some of the earlier presenters, though, about the fast pace with which the legislation is moving forward. I think there are a number of groups that could be called as witnesses, and I reference the Western grain producers, who know the specifics of the grain industry and who have some concerns. I think it would be good to engage these groups in the discussion as well.

One basic principle that the Canadian Federation of Agriculture has always supported is the right of farmers to choose the types of systems they want for themselves. Whether it be a marketing system or whether it be identifying research priorities, farmers have to be at the core of the decision-making process. I think this was recognized in prior legislation, when it talked about farmers having a voice in any changes that took place at the Wheat Board. I think it's a principle that should be recognized going forward. I think the proposed changes to the Wheat Board, including the removal of the elected directors, could create some concern in the farm community about having some direct control of the Wheat Board.

We have not taken a position in our organization with respect to single desk or open market. Our belief is that the farmers involved—and those would be the grain farmers in western Canada—should be the ones involved in that decision, and that the decision should be made based on having good information.

That being said, there were a number of key issues that were identified. The current legislation calls for the appointment of directors as opposed to their election. We feel that is an issue that goes against the principle of having farmers controlling the organizations they're involved in. There's mention as well in the legislation of about funding for the Western Grains Research Foundation, the Canadian International Grains Institute, and the Canadian Malt Barley Technical Centre, but there is little detail on how the collection of the planned fees will take place. There is also a sunset clause in there. I think that when you're talking about research and technology, you need to have something with a long-term vision and long-term view. I think that's something that should be addressed in the legislation going forward.

It was mentioned earlier that there are still concerns about car allocation and producer cars. Questions are raised about how these are going to be coordinated and whether smaller producers will have access to those cars.

One of the other issues that has come forward is the issue of security of payment for the grains that are sold. Currently, there is confidence in the Canadian Wheat Board payments coming through. There is currently in place a system of bonding for small elevators. However, I think that one of the things to bear in mind as you're moving forward with this legislation is the fact that Bill C-13, which had been introduced earlier, had talked about removing the bonding requirements. So if you're moving ahead, there's a whole issue around the security of payments for those producers who sell the grain.

On the marketing side, one of the other issues our members brought forward was how we position a Canadian brand for grains. The Canadian Wheat Board took the lead in branding Canadian product and created some high-value markets.

Elevator access is one of the other issues that came forward from the producers who are concerned about whether the new wheat board would be able to have access...or whether it would be necessary to have legislative tools to make sure that access was there.

As I mentioned at the start, CFA does not pretend to be expert on grain marketing, but what we do believe is that farmers should have the right to direct the organizations acting on their behalf. We have an ability to bring forward some of the concerns, and I have mentioned those concerns. We must ensure that producers are aware of impending change, which goes back to the comment about the fast pace at which things are going forward and the need to ensure that producers all across the country are engaged in this discussion.

I look forward to your questions.

October 20th, 2009 / 5:25 p.m.
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Bloc

André Bellavance Bloc Richmond—Arthabaska, QC

Thank you.

Mr. Dhal and Mr. Woodbeck, you are aware that the government introduced Bill C-13. Obviously, it affects the Canadian Grain Commission. The relevance of visually inspecting grain is being questioned. Would discontinuing this type of inspection affect the detection of this toxin? Could you please explain, either way?

Canada Grain ActGovernment Orders

October 8th, 2009 / 5 p.m.
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Conservative

Blake Richards Conservative Wild Rose, AB

Mr. Speaker, I am pleased to rise to speak to Bill C-13, An Act to amend the Canada Grain Act.

However, it is a sad day, in fact, a very sad day when the opposition plays games once again with the livelihood of western grain farmers with this motion to hoist this very important bill.

The facts are simple, Canadian farm families deserve to be treated equally across the country, but the current legislation forces western Canadian producers to pay costs that are not imposed in other regions. It sounds kind of like the Wheat Board, which also applies only to western Canadian farmers, but yet the opposition seems so intent on forcing it on western Canadian farmers.

Bill C-13 would contribute to building a lower cost, more effective and innovative grain sector. This legislation is based on the agriculture committee report the opposition parties helped to write.

Conservative MPs on the agriculture committee, including myself, are ready and willing to get down to work, to roll up our sleeves, and work on Bill C-13 at the agriculture committee. It is just too bad the opposition parties are not willing to do that work and treat all regions equally. It is what our farmers would expect.

In committee there will be ample opportunities to work on this bill, but the opposition has decided to collude to hoist this bill which will essentially kill the bill to the detriment of our western grain farmers.

The amendments the government is proposing to the Canada Grain Act and the Canadian Grain Commission are evidence of our commitment to grain producers. Canada's quality assurance system for grain provides a key competitive advantage for our farmers. The amendments we are proposing would build on that competitive advantage.

When our global customers choose Canadian grain for processing, they count on consistent quality and cleanliness with every delivery. This world-class reputation that our Canadian grains enjoy around the globe has been earned. First and foremost it has been earned through the hard work of our farmers, but grain handling companies, research scientists and the Canadian Grain Commission have also played a role in building that golden reputation.

Our edge in the marketplace is all about quality. Much of the responsibility for the quality of Canadian grain resides with the Canadian Grain Commission and the quality assurance system it administers under the Canada Grain Act.

The grain industry is changing, and the legislative tools required to keep the industry competitive need to change along with that. The Canada Grain Act has not changed substantially in almost 40 years, but the marketplace has certainly evolved.

We have a major new customer for grains in the form of the biofuels industry, supported by initiatives put in place by this Conservative government. We have quality management systems to allow parcels of grain with specific qualities wanted by buyers to be kept separate through the handling system. We have niche marketing and processing of grains in Canada, and we now have a broader range, in fact, a much broader range of crops in western Canada.

In the mid-1990s, the reform of the Western Grain Transportation Act triggered a wholesale diversification as some producers opted to switch to other crops, such as oilseeds, pulse crops and horticultural crops. Today, wheat accounts for only one-third of our crop land. In the 1950s, three-quarters of our land was in wheat.

Some of the changes being proposed include: inward inspection and weighing of grains will no longer be mandatory. There is no reason to require something that is not necessary, particularly when the cost comes out of the bottom line of farmers in the grain industry.

Currently, the Grain Commission is required to inspect and weigh each railcar or truck lot of western grain that is received by licensed terminal elevators. The industry has been calling for change in this area for some years now because the mandatory inspections impose costs and they are not essential to ensure grain quality.

Inward inspection and weighing will no longer be mandatory. Instead, shippers of grain will be able to request an inspection at their discretion, letting them choose when they feel the benefit justifies the cost.

Elevators would also be required to allow access to private inspectors when an inspection is requested, and the Canadian Grain Commission would be authorized to provide grade arbitration if the parties to a transaction request it. This means that if there is a dispute about the grade, the Canadian Grain Commission would be available to impartially determine the grade.

Let us be clear. This does not mean grain would go through the system without inspection. Outward inspection would still be required when grain is loaded into vessels for overseas export. Export vessel shipments would continue to require certification by the Canadian Grain Commission based on inspection and weighing by Canadian Grain Commission personnel.

With the bill in place, our customers will be assured that they can continue to have confidence in Canada's grain quality assurance system. The Canadian Grain Commission would continue to regulate the grain handling system for the benefit of our producers. It would continue to license grain handlers and dealers. It would continue to require them to have proper grading and weighing equipment and to properly document purchases, and continue to ensure that producers have access to grade arbitration by the Canadian Grain Commission.

The bill would actually enhance farmer protection by extending Canadian Grain Commission grade and dockage arbitration to farmers delivering to process elevators and grain dealers. Currently, if a producer disagrees with the grade or dockage for a grain delivery at a licensed primary elevator, the producer can ask the Canadian Grain Commission to determine the grade and dockage and make a binding decision. The grain producer is paid according to this decision. The bill before us proposes to extend this service to deliveries to all licensed grain handlers, including process elevators and grain dealers.

Farmers have never had this protection before and with these amendments we have put farmers first, which I would call the opposition parties to do as well. It is simply shameful that the three opposition parties will not consider the interests of farmers first. They have shown time and time again that they just do not care about the concerns, wants or needs of western farmers.

Let me delve into a few other examples. The opposition members had the opportunity to stand up for farmers but, once again, failed to do so. I want to talk about a vote we had just this week on Bill C-51 and an element contained in that bill. It has been a brutal year for producers in parts of Saskatchewan and Alberta particularly. Producers in west central Saskatchewan got off to a very poor start due to a dry fall and very low snow coverage. This was compounded by a cool, dry spring, resulting in low water supplies and poor pasture and hay growth. Things were certainly no better in my part of the world, in central Alberta, where producers faced seeding without any significant rainfall since the summer of 2008.

There is no denying that the risks and unpredictability of farming will always be there. The last thing a producer who is battling drought needs is a bill from the taxman. That is why the Minister of Agriculture and Agri-Food and the Minister of Finance worked together on provisions to allow those producers, forced to sell off their breeding animals due to the drought, to defer the tax on that income for one year. In 2009, we proposed to expand the program to include areas hard hit by excess moisture.

For 2009, the ministers have already announced tax deferrals for producers and some of the municipalities hardest hit by the drought in Saskatchewan, Alberta, British Columbia and areas where excess moisture is a big problem in Manitoba. This will help producers in these areas replenish breeding stock in the following year. However, yet again, the opposition Liberals voted against the best interests of western Canadian farmers.

Let me talk about one other area where this is the case, and that is the Wheat Board. Again, this only applies to western farmers and yet we have members from other parts of the country who seem to have decided that they know better and they know what is best for western Canadian grain farmers. They think they know better than the farmers what they should do with their products and the choices that they should be able to make for the market, and they want to limit those choices.

Our government wants to see farmers choose how they market their products, whether they choose to use the Wheat Board to market their products or whether they choose to sell those products on their own. That is a fundamental right that everybody in this country should enjoy and yet opposition parties tell us that western farmers just cannot decide for themselves.

Canada Grain ActGovernment Orders

October 8th, 2009 / 4:55 p.m.
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Liberal

Scott Simms Liberal Bonavista—Gander—Grand Falls—Windsor, NL

Mr. Speaker, my hon. colleague certainly has a valid point when it comes to the issue of bonding. There is no doubt about it. There are many mid-level and smaller producers in that particular situation. In my case, they are mostly harvesters in the fishing industry. Many of them become exposed to all of the losses at the upper levels. That is an unfortunate part about it.

In his speech, my hon. colleague for Malpeque said that it changes the mandate from being in the interests of producers to being in the interests of the industry. He talked about one other thing and this will add some credence to what my hon. colleague from the NDP is talking about. He did mention that the hoist amendment came in several months ago. In that period of time, the message was that we needed some fundamental changes, more so than what the government was considering. Nothing was done. It is a pattern that has been going on for three years now.

The reason why the opposition is taking such a strong stand against the bill is the government's failure when it comes to primary producers. Nowhere is that evidence of failure more clear than this particular bill, which is a rehash of the last one, going from Bill C-13 to Bill C-39.

Canada Grain ActGovernment Orders

October 8th, 2009 / 4:50 p.m.
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Conservative

James Bezan Conservative Selkirk—Interlake, MB

Mr. Speaker, I listened intently as my friend from Newfoundland talked about a bill that largely affects western Canada.

As a farmer myself and former chair of the agriculture committee that studied this issue originally, I find it rather absurd to suggest shelving the bill for the next six months with the hoist amendment proposed by the NDP. It is even more troubling to hear him suggest that we need to go through a whole round of hearings again.

That is exactly why we have committees. We already had a whole process of hearings, talking to stakeholders and talking to producers. We already had the solid recommendations supported by all parties in the House to move forward with the recommendations that are in Bill C-13.

Now the member is suggesting that was not good enough. If he actually lets the bill come to full debate at second reading and send it off to committee, then we can do a fulsome study as we do with all legislation when it comes before committee.

Then the stakeholders can again be called forward to talk about the bill. There are always a few that are out there who are concerned about it, but largely it is time to get moving on this legislation, making the changes and modernizing the Canadian Grain Commission.

The only way we can do that is if Bill C-13, which industry, producers and stakeholders want to see, moves forward so that we can have that debate, make the necessary amendments that are needed rather than playing games which the member suggested.

Canada Grain ActGovernment Orders

October 8th, 2009 / 4:45 p.m.
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Liberal

Scott Simms Liberal Bonavista—Gander—Grand Falls—Windsor, NL

It is getting serious, as my hon. colleague across the way can attest to. This is a serious issue.

The problem with this and I commend the NDP, the fourth party in the House, as I have affectionately called it before, for doing this. We agree with it. During the talk about the new Fisheries Act, the NDP members too were with us so it was a re-run of Kill Bill volume one and Kill Bill volume two, I suppose.

I would implore the House to do the most responsible thing which is to take this piece of legislation, Bill C-13, not much change since Bill C-39, off the order paper. Bring it to the producers and the stakeholders involved. They will certainly give it a good vetting. In that way we will have the confidence when returning to the House that we do have the support of the vast majority of the producers and the industry. That way the amendments that the Conservatives so earnestly seek to achieve would be done with a broad consultation. They may complain it may take a little more time and it may cause a few headaches among the bureaucrats in Ottawa, but certainly at the end of the day we can hold it up as a gem, something that is going to be crystal clear, something that is going to be used for the benefit of all agricultural interests across this country.

Canada Grain ActGovernment Orders

October 8th, 2009 / 4:30 p.m.
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Liberal

Scott Simms Liberal Bonavista—Gander—Grand Falls—Windsor, NL

Yes, he wins hopefully some day good governance.

The government had the opportunity to make the changes to the legislation a year ago when we called for it, and it has failed to do so. As a matter of fact, I think the term is miserably.

Remember that this is the same government that violated the law in its effort to undermine the Canadian Wheat Board. It has refused to allow western grain farmers to have a vote, a plebiscite, to determine the future of the CWB. Trust is not something that we have in the current government, especially on this specific issue.

The minister is already claiming he is about to amend his own legislation, although, if the bill is passed, this so-called commitment will not be contained in the legislation. On the issue of inward inspections, the government has indicated it is removing the role of the CGC.

The Standing Committee on Agriculture and Agri-Food, in a unanimous report, acknowledged that mandatory inward inspection is not a universal requirement, while outward inspection and weighing is. The committee stated in its report, again one supported unanimously, that:

...several strong factors seem to support optional inward inspection; the inward inspection requirement is already not universal; optional inspection would not affect producer rights of access to the terminal and [for emphasis] producers and the Canadian Wheat Board should not be unduly affected financially if a proper publicly supported infrastructure and pricing system are put into place in light of the public benefits of maintaining an inward inspection capability.

The fact is that while the government is removing the inward inspection provision, the work called for by the committee has never been done, despite what has been happening.

A recent study of the Canadian Grain Commission found the following issues with respect to the loss of the inward inspection. I would point out to my hon. colleagues that this is a very important point.

Inward weighing and inspection that would still be required would be less trustworthy and more expensive.

The grain system would lose an important early detection system for contaminated grain. Eliminating inward inspection by public officials would increase the likelihood of contaminated grain being co-mingled with larger quantities of clean grain. Shipments to Canadian and U.S. markets would lose an important level of protection against contamination. Grain shipped to these markets could bypass official inspection.

Inward inspection provides quality assurance information that makes outward inspection more efficient and certainly more cost effective, in this particular case.

Replacing public sector inspectors with private contractors--which is quite prevalent nowadays, some to the positive and certainly some to the negative, but at this point I will stick to the negative--many of whom would be reliant upon private grain companies for business, would undermine the perceived reliability of the information derived from inward inspection.

With respect to the diminished role of the CGC, the study prepared by the Canadian Centre for Policy Alternatives found, for example, with respect to the port of Vancouver, the following problem, bearing in mind Vancouver and Prince Rupert, as of December 2007, moved almost 1.2 million tonnes of grain through its facilities.

At a typical Vancouver elevator, CGC weighers routinely process the unloading of 5 to 100 rail cars during a shift. Documentation on these cars, the parcels, weights and anomalies, and other relevant information, is provided by the weigher to the elevator at the end of each day. Such information is very important, not just in the event of disagreements, but in the routine operations of the elevators. It is unclear how this data would be gathered, and by whom, if public inward inspection were eliminated.

The government has to explain why it has decided, prior to the legislation to downgrade, as expressed in the estimates for the commission under the section which describes the activity as providing “consistent and reliable grain quality”, as we talked about before, “and grain safety assurance to meet the needs of domestic and international markets”, the forecast spending for 2011-12 will be $23.4 million. In 2007, the planned spending was $50.2 million. By the CGC's own records, the government will reduce the ability of the CGC to do its job by a whopping $26.8 million.

The staffing at CGC will be reduced from 664 in 2007-08 to 421 in 2009-10.

Bill C-13 would remove the ability of producers who appeal through the grain appeal tribunal. According to a recent Library of Parliament study, under the provisions of the Canada Grain Act, a person dissatisfied with the initial grading may have up to three appeals under the act. Under the scheme which is proposed now in Bill C-13, a person dissatisfied with the grade, an inspector assigned, would have just one appeal and that, of course, would be to the chief grain inspector or his or her delegate.

These are the fundamental reasons the Liberals agree in principle with what is happening with the hoist amendment.

Indeed, under the provisions of the bill, the chief commissioner or any person delegated by the chief commissioner, which is an indication of the ability to possibly contract out that particular responsibility, will have the authority on any appeal. At the same time, Bill C-13 would remove the ability of farmers to have recourse to the courts.

However, according to a Library of Parliament analysis of the use of provisions such as those we talked about that are contained in Bill C-13 which attempt to remove the ability of farmers to have recourse to the courts, the issue is not that clear cut.

According to the Library of Parliament report, the wording of the privative clause in Bill C-13 appears on its face to preclude any appeal or review of a decision of the chief grain inspector. However, that is not the effect the clause would have.

The Library of Parliament states, based upon its research that Parliament and the provinces may not, through legislation, preclude the superior courts from exercising their supervisory jurisdiction. At a minimum, the government must carefully reconsider its attempt to restrict the ability of Canadians, the courts in the face of clear evidence that it might not be able to legitimately do so.

The Standing Committee on Agriculture and Agri-Food called for a comprehensive cost benefit report from the government on the proposed changes the government was suggesting, and that was in 2006, with respect to the changes in service for grain inspection. To date, no such report has been produced by the government as to the real impacts of their changes on the primary producers specifically.

The government has indeed failed to produce that report. Yet again this is more evidence why more information and consultation is needed, which belies the true spirit of what we normally call a hoist amendment or, as some people from the east coast of the country would call affectionately, giving it the boot.

Even though this legislation has not received even second reading, the chief commissioner of the CGC, according to a report in The Western Producer, published February 23, 2009, sent a letter to industry indicating that it would end inspection services at prairie primary elevators this summer and would close three service centres and reduce staff.

The transition away from on-site inspection services means that the CGC will no longer provide official grading and weighing on grain shipments from the Prairies to terminal facilities nor for export shipments to the United States or domestic mills.

In essence, before Bill C-13 has been approved by Parliament, the CGC has decided to begin implementing the reduction in services it provides to western grain producers. That is very important. If nothing else, this is a demonstration of contempt for the legislative process by the chief commissioner of the CGC.

As a final point of concern, the minister announced that as of August 1 KVD will be removed. That is kernel visual distinguishability. It will be removed, according to what the minister announced on August 1. The minister was warned in January by senior officials, just weeks before his announcement of February 11, that farmers could suffer a negative impact of this removal and Canada's reputation for quality grain could indeed be undermined. The reason given by the officials, including his own deputy minister, was that no adequate system has been developed to replace the KVD.

The western grain industry needs a strong CGC. What is currently proposed in Bill C-13 is a worst case scenario. Removing the CGC from both inward and outward inspections is next to worst because it considerably weakens the role that the CGC plays.

Therefore, the following amendments should be made to Bill C-13: one, CGC-administered producer security should be reinstated; and two, if inward inspection becomes optional, the CGC should accredit and audit private service providers who would be responsible for inward inspection. A key part of this accreditation and audit process will be to institute clear CGC accountability for differences between inward and outward risk.

Therefore, I conclude that part of my speech by outlining three essential elements.

One, our support for the hoist motion is a signal to the government that it cannot simply bring in legislation which it is well aware does not enjoy the support of the House without any effort made at all to amend it.

Two, Bill C-13 is Bill C-39 from the previous Parliament. Remember that legislation was debated more than a year ago and the debate clearly indicated the government should reconsider its direction on undermining the CGC. It had a year to do so and it has failed to take that opportunity. This particular vote is not a vote against reform of the CGC, but it is indeed a vote against the arrogance of the government.

Let me illustrate that by bringing up a point about a particular case with the hoist amendment and what we did prior to this, about two years ago. I will go back to an example that we use. The lack of consultation was so pervasive. It became abundantly clear upon introduction in the House, as producers in the case of this bill, or fishermen in the case of the Fisheries Act, called us time and time again with questions and concerns. We were inundated at the time. The big thing was that the Conservatives insisted that consultation was taking place. We called the people whose names were provided to us and they said that was not necessarily the case; all they had received was a letter informing them what to do. Therein lies the arrogance.

Canada Grain ActGovernment Orders

October 8th, 2009 / 4:30 p.m.
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Liberal

Scott Simms Liberal Bonavista—Gander—Grand Falls—Windsor, NL

Mr. Speaker, with a reception like that from my hon. colleague across the floor, I might decide to run in politics some day.

I do want to thank the House for allowing me to speak on this issue. Certainly at the eastern end of the country, it is not as large an industry as it is in places such as western Canada, but there is a multi-million dollar industry for agriculture in Newfoundland and Labrador. We are affectionately nicknamed the rock, so if we can grow it on the rock, my goodness, it just says how good our farmers actually are.

To a great degree, that certainly does put me in a unique position, to say the least, so I would like to thank again all my hon. colleagues for allowing me this time.

I would also like to say that the principle reason for supporting a hoist motion which will effectively remove Bill C-13 from the order paper for this session is that the government has known for more than a year that all three opposition parties have expressed strong opposition not to reforming and improving the Canada Grain Commission, but to being complicit in its undermining and ineffectiveness. Therein lies the gist of the hoist motion to take this from the order paper.

There is a history of that type of mechanism here in the House that we have used on occasion. As a matter of fact, a couple of years ago we moved it during the introduction of the Fisheries Act. There was a tremendous amount of opposition toward it, and not only opposition but questions as to how it would affect each and every person. Instead this thing was rammed down the fishermen's throats in much the same way that we are seeing a pattern that continues with this particular situation now with Bill C-13.

In this particular situation, we see a similar pattern occurring here, because what the hoist motion does is take it away for a while. We can then consult with it and bring it across the country as a good starting point for the type of effective changes that we need. In this particular case, that is why we support the hoist motion.

Our concerns with the legislation are these.

The government has to date shown no inclination to amend the legislation, in spite of the fact that during debate on Bill C-13's predecessor bill, Bill C-39 in February 2008, the official opposition as well as the Bloc and the NDP raised the concerns referred to above, indicating clearly the need for consequential amendments.

On the issue of the producer payment security program, the Parliamentary Secretary to the Minister of Agriculture, who is responsible for the Canadian Wheat Board, told this House that while the government is eliminating the practice of CGC holding security deposits from grain dealers, under the producer payment program, he confirmed that the government has developed an alternative:

We understand and we know that there are concerns across the country with regard to these proposals.

The issue remains that the legislation, as it stands, will eliminate this provision without any alternative being established to replace it.

The Minister of Agriculture himself, according to a broadcast news wire story from March 5, is reported to have stated that the government will only remove the producer payment protection program when a better alternative is in place. That is interesting.

In fact the Minister of Agriculture was quoted directly in The Western Producer from March 12, when he answered a direct question as to whether farmers would be protected in relation to the bonding issue. He said:

Absolutely. We're not going to leave you hanging with nothing. We'll keep the program that's existing in place until something new comes along.

Here is what the Parliamentary Secretary to the Minister of Agriculture acknowledged as the flawed nature of the legislation. This is from page 1214:

We understand and we know that there are concerns across the country with regard to these proposals, and we are certainly more than willing to work with the opposition at committee.

That is what is interesting, “at committee”. What the minister has said is not that Bill C-13 needs amending, but that a key element in this bill cannot proceed given the failure of the government to develop an alternative.

The question is this. Can the minister and the government be trusted not to implement the removal of the bonding issue until a better alternative is in place?

Canada Grain ActGovernment Orders

October 8th, 2009 / 4:25 p.m.
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Conservative

The Acting Speaker Conservative Barry Devolin

Questions and comments? We seem to have wandered away a little bit from the bill at hand, Bill C-13. The hon. member for York South—Weston, a question.

Canada Grain ActGovernment Orders

October 8th, 2009 / 4:05 p.m.
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NDP

Peter Julian NDP Burnaby—New Westminster, BC

Mr. Speaker, I am confused. The member for Selkirk—Interlake said it was Bill C-23. I am not sure which bill the Conservatives are debating over there. Nor am sure what record they are debating. They seem very confused, which would explain their record. The record has been lamentable when it comes to western farmers. In the next election campaign in Saskatchewan, Alberta, Manitoba and British Columbia, we will see a record number of New Democrats return because, quite frankly, western farmers have said enough of this rigid ideological agenda.

This brings me to Bill C-13, and I thank the member for Selkirk—Interlake for raising the issue of supply management. He is obviously wrong about this idea that somehow Conservatives are defending supply management. In testimony before the international trade committee today, we heard that they had missed on three occasions the opportunity to get the Wheat Board and to get supply management out of the WTO sellout, which is being foisted on Canada, with Conservative collusion.

Let us talk about the provisions of Bill C-13. This is why I say we are saving the Conservatives from themselves. They are pushing forward this meanspirited attempt to attack the Canadian Grain Commission, but let us look at what exactly they are trying to do. The NDP has put in a hoist motion because we disagree with what they are trying to do. They are telling farmers what is good for them and what they are supposed to think, just like the Wheat Board. I think farmers told them they were wrong on the Wheat Board and farmers are saying they are wrong on the Canadian Grain Commission. What are they wrong with? They are killing the Canadian Grain Commission's inward inspection and weighing service. Why is that bad? Because it leaves grain producers disadvantaged in their dealings with grain companies.

Anyone who has grown up in western Canada, like myself, knows full well that there often has been an abuse of power from the grain companies over grain producers in western Canada. In fact, if we go back to the history of how the Grain Commission developed, it was to set up some balance, a level playing field for producers so grain companies, mainly foreign, could not run roughshod over our grain producers.

The Co-operative Commonwealth Federation, predecessor of the NDP, sprang up in western Canada because grain producers wanted a level playing field. Obviously Conservatives and Liberals were not listening to them, they were only listening to Bay Street. The NDP has always listened to grain producers. That is why we say to kill the commission's inward inspection and weighing service, to kill that opportunity for producers to have an impartial and independent inspection that allows them to offset what the grain companies tell them they will pay for that grain is not a good idea. It is not a good idea to get away from that. It is not a good idea to kill that. It certainly is not in the interests of grain producers to do that.

Bill C-13 would do that. It would away that level playing field for which grain producers have been fighting for decades, with the support of the CCF and now the NDP. Essentially that is the first strike against the bill.

What is the second strike? What else would Bill C-13 do that the Conservatives are so hot to adopt? It would dismantle the grain appeal tribunal. This protects producers and protects the Canadian Wheat Board from unscrupulous behaviour on the part of grain companies. This is the very historic roots of western Canadian farming, establishing a balanced system, establishing a system of checks and balances.

We have a Grain Appeal Tribunal and essentially the Conservatives want to rub that out. That is why we are bringing forward the hoist motion. We are actually listening to western producers. We know that having the ability to appeal these decisions of grain companies is a good thing. How a Conservative could feel otherwise, I do not know. I am sure the members on the other side are well-intentioned. I am sure they are reading their speaking notes diligently from the Prime Minister's Office, but policy on western farmers should not be set by the Prime Minister's Office or by a bunch of Ottawa bureaucrats. It should be set by what is fair for producers. That is why producers across the country said yes to the Wheat Board despite the Conservatives' mean-spirited attacks on it.

What else would it do? The other problem with Bill C-13 is that it essentially would eliminate the obligation by these grain companies, some of which are offshore, to post security bonds and ensure that producers would be paid for the product they produced. That absolutely makes sense. That payment security program is absolutely a fundamental part of fairness. If the company does not pay, there needs to be protection in place for grain producers.

Strike three on Bill C-13 is that it would do away with all that. It would do away with that fairness for western producers. It would do away with that fairness for those farmers who have been producing their crops and essentially may not be paid for it.

One might say that the Minister of Agriculture has surely thought of this. There has been some reference to the agriculture committee report that the agriculture minister completely ignored. However, the reality is the agriculture minister, for all his public statements, clearly does not understand how important the payment security program has been.

The minister was publicly quoted as saying that it would only give 30¢ on the dollar. From some reason, 30¢ on the dollar, if that were right, is somehow worse than zero cents, which the Conservatives proposed. It clearly is not right and I will come back to that in a moment because it is important to correct the record. There were no security bonds. If western farmers cannot pay as a big multinational grain company, they are out of luck. They are going to get zero cents on the dollar.

The Minister of Agriculture justified this by saying that the payment security program only gave 30¢ on the dollar, so somehow 30¢ on the dollar is not as good as zero cents on the dollar, which is the offer from the Conservative Party. The trouble is that the agriculture minister is dead wrong. Over the past 10 years, the payment security program has met issuing payments to producers in nine cases of default by grain companies.

Recall that on Bill C-13, the Conservatives do not want any payments or security any more. In those nine cases, producers would be completely out of luck. That is what the Conservatives are bringing to the floor of the House. I see some surprised looks on the other side. Obviously Conservatives were not told this in the prepared speaking notes from the Prime Minister's Office. I hope that means many Conservatives at the end of this debate will vote for the hoist motion and join the NDP in defending western farmers over the course of Parliament.

In nine cases of default by grain companies, payments were issued. In six of the nine, the payment was 100% of claims. It is important, especially for the Conservatives who are getting new information that they obviously did not get from the Prime Minister's Office, to note that. In one to seven, it was 99.8% of claims.

We are now looking at virtually 100% in seven of the nine cases of default by grain companies. A company that went bankrupt in 2002, payment reached 51.4% of claims. Another company that went bankrupt in 2004, payment was just under 30%. I think it is fair to say that Conservatives are sometimes arithmetically challenged, particularly on this file.

Despite the fact that there was one case where it was 30% of claims, if all nine cases are taken together, the total payment is 77.15%. In 77.15% of cases, grain producers who had worked hard to produce their crop, did their due diligence, did all of their work and saw the grain companies default were compensated because of the security bond. The Conservatives want to get rid of that protection that has supported western producers nine times in the last decade.

Let us just look at this for a moment. The government wants to get rid of the security bond so in the next nine or ten cases western producers would get nothing. The government wants to eliminate the Grain Appeal Tribunal.

Vancouver gets a lot of the grain that is shipped across the country. The member for Churchill spoke of the Port of Churchill. She defends and represents northern Manitoba very ably and effectively in the House. Vancouver, which receives the bulk of grain shipments going to Asia, gets up to 100 appeals in a day during peak season. The Conservatives want to get rid of that.

The Conservatives want to get rid of security bonds and protection for grain producers. They want to get rid of the Grain Appeals Tribunal. They want to kill the commission's inward inspection and weighing service, which provides a balanced playing field for producers who deal with grain companies. However, it is not just that.

The inward inspection service also provides Canada with the highest level of quality in the world. Bill C-13 would do away with that service, which would allow for potential mixing with less high quality American wheat. It would diminish our international standing of having the best grain system in the world.

Why would the Conservatives want to mess with something that works? Why would they, in such a ham-fisted way, do away with the institutions that historically were developed to protect western producers and western farmers? The Conservatives will have to answer for that.

That is why we in this corner of the House proposed the hoist motion. Bill C-13 was not well thought out. It was not done in consultation with farmers. It was not done in farmers' interests. It was not done following the agricultural committee report.

Despite what we have heard from Conservatives, the consensus report did not talk about gutting the Canadian Grain Commission. In fact, the consensus report talked about increasing funding. The Conservatives have said nothing about that. They will gut, they will take away, they will rip apart. They will not try to build a better system, and that is the fundamental problem.

I have another minute to go, and I do want to mention something that is important to farmers in British Columbia, and that is the harmonized sales tax, the HST.

The government is forcing the average British Columbia farmer to pay about $500 more in taxes through the HST because of this deal with the devil, which was done with the federal Conservatives working with provincial Liberals. A farming family of four people will pay $2,000 more a year because of the HST, imposed by the federal Conservatives with no consultation.

The Conservatives try to distance themselves and claim they are not responsible, but British Columbians know better. They know the Conservatives are responsible for bringing in the HST. If they want to provide their voice, urban British Columbians will be able to vote in the New Westminster—Coquitlam byelection. All British Columbians will be able to vote shortly in a federal election, whether it is held in the next few months or early 2010. British Columbians will have the final word on whether they support the Conservative HST.

We have no apologies to make to anyone with respect to Bill C-13. It is a bad bill for western farmers and western producers. It does not follow on the agricultural committee recommendations. That is why the NDP has moved this hoist motion to set this off so we can actually get smart agricultural policies to help western producers in the grain trade.

Canada Grain ActGovernment Orders

October 8th, 2009 / 4:05 p.m.
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Conservative

The Acting Speaker Conservative Barry Devolin

I am not sure that is a point of order. I give the floor back to the hon. member for Burnaby—New Westminster to discuss Bill C-13.

Canada Grain ActGovernment Orders

October 8th, 2009 / 4:05 p.m.
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Conservative

James Bezan Conservative Selkirk—Interlake, MB

Mr. Speaker, I rise on a point of order. We are talking about the NDP amendment to Bill C-13. I would ask that the member get back on track rather than going through all the options of the agriculture policy.

He knows very well that the Minister of Agriculture and Agri-Food and the Minister of International Trade have been very clear that supply management will be protected by the government and that the Canadian Wheat Board is a domestic issue and will be decided by the farmers of this country.

Canada Grain ActGovernment Orders

October 8th, 2009 / 4 p.m.
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NDP

Peter Julian NDP Burnaby—New Westminster, BC

Mr. Speaker, it is a pleasure to stand and talk about these kinds of issues.

In this corner of the House, the NDP takes no lessons from federal Conservatives about defending western Canadians and western Canadian farmers. In fact, in a very real sense, by putting forward this hoist motion, what we are doing, inadvertently, is saving the Conservatives from the themselves because they have taken for granted the support of western farmers over the last few years.

The Conservatives said that when they became government they would move forward with an agenda that would actually help western farmers. Instead, it is fair to say that the reason more and more New Democrats are being elected in western Canada is because western Canadian farmers are seeing that the Conservative agenda has been very ideological and meanspirited.

Let us look at the record. Since they have come to power, farm receipts now for western Canadian farmers are at the lowest level since the Great Depression. In fact, many farmers in rural communities across western Canada are actually in a negative income situation. We are looking at the highest level of debt for farmers than we have seen since the Great Depression, in real terms of course. It is important to note that the lowest level of farm receipts in the entire country is in the province of Alberta, which has been dominated by provincial Conservatives for the last 30 years. So what is wrong with this picture?

In places like British Columbia, Saskatchewan and Manitoba where New Democrats have come to power and had positive, forward looking policies that actually helped western farmers, we have seen that the income crash has not been nearly as significant. Of course farmers in Manitoba are doing the best of all, but in Alberta, where the Conservatives have been in power, farm receipts are the lowest in the country. There is strike one against the Conservatives on how they managed the agricultural file.

Strike two was their meanspirited and ideological attack on the Canadian Wheat Board. What they liked to say was that they would tell farmers in the west what to think and they would tell farmers what they think. What happened? Western farmers had a chance to vote on the Conservative proposals.

There was a straight slate of rabid Conservatives just waiting to dismantle the Wheat Board. They could hardly wait to rip up the Wheat Board, attack the institution, and western farmers overwhelmingly voted for a pro Wheat Board slate and pushed the Conservatives back. That was strike two for Conservatives in western Canada.

Now we have strike three. Even before we talk about Bill C-13, we see that they are not standing up for supply management. I mentioned earlier the whole issue of western farm receipts, that they are at the lowest level since the Great Depression, particularly low where Conservatives are governing because they do not seem to understand agricultural issues or perhaps it is their own ideological bent that means that they mess up the agricultural file.

Supply management and the Wheat Board are now going forward in WTO negotiations. Have they said unequivocally that supply management and the Wheat Board are not on the table? No. We heard today, in fact, that they have missed every opportunity to stand up for supply management, every opportunity to strike back on the working group, that fifth paper that undermines supply management and the Wheat Board. New Zealand was able to get its state trading corporation excluded and the Conservative government was not able to do that.

Let us talk about Bill C-13 or, as the member for Selkirk—Interlake said, Bill C-23.

Canada Grain ActGovernment Orders

October 8th, 2009 / 3:55 p.m.
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Conservative

The Acting Speaker Conservative Barry Devolin

I am not sure that is a point of order, but if the member for Malpeque will come to his question on Bill C-13, please.

Canada Grain ActGovernment Orders

October 8th, 2009 / 3:55 p.m.
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Conservative

James Bezan Conservative Selkirk—Interlake, MB

Bill C-13. I missed it by 10, Mr. Speaker.

We are debating Bill C-13, the Canada Grain Act, and the hoist amendment proposed by the NDP. This member is up, speaking about something completely unrelated. Call him out of order and tell him to ask a question on the bill.

Canada Grain ActGovernment Orders

October 8th, 2009 / 3:55 p.m.
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Some hon. members

Bill C-13.

Canada Grain ActGovernment Orders

October 8th, 2009 / 3:15 p.m.
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Conservative

Randy Hoback Conservative Prince Albert, SK

Mr. Speaker, it gives me great pleasure to rise in support of Bill C-13, an act to amend the Canada Grain Act. However, I am upset that the opposition has moved to hoist this amendment. It is hijacking this bill which is essential to the grain farmers in western Canada, and I cannot support this hoist amendment because I support changes to the Canada Grain Act.

It is simple. Canadian farm families deserve to be treated equally across the country, but the current legislation forces western Canadian producers to pay costs that are not imposed in other regions. Bill C-13 would contribute to building a lower cost, more effective and innovative grain sector. The legislation is based on the agriculture committee report the opposition parties helped write.

Conservative MPs are ready and willing to roll up our sleeves and work on Bill C-13 at the agriculture committee. It is too bad the opposition parties are not willing to do that work and treat all regions fairly. This bill illustrates the government's ongoing commitment to putting farmers first, by eliminating costly regulations and unnecessary mandatory programming in Canada's grain sector.

For some years now, the western Canadian grain sector has been undergoing significant transformations. Indeed, the marketplace for grains has evolved, with increased emphasis on niche markets, livestock feed and biofuels, as well as other value-added marketing opportunities.

Despite this ever-changing environment, the Canada Grain Act has not been substantially amended for close to 40 years. As such, the operations of the Canadian Grain Commission, the agency that maintains the standards of quality for grain and regulates grain handling in our country, do not reflect the needs of today's farmers or the industry.

Before I provide additional explanation regarding the proposed changes to the Canada Grain Act, I will provide some brief background.

In 2005 an amendment to the Canada Grain Act was passed that required an independent review of the act and the Canadian Grain Commission. COMPAS Inc. was hired by the Department of Agriculture to conduct this independent review in 2005. Let me point out it was the Liberal government that hired COMPAS to do this.

Its recommendations were presented to Parliament in 2006. The COMPAS report was referred to the Standing Committee on Agriculture and Agri-Food, which consulted stakeholders and recognized the need for changes to the Canada Grain Act and the Canadian Grain Commission. The amendments are based on recommendations made by the Standing Committee on Agriculture and Agri-Food in its report to the government in 2006.

Throughout these reviews, stakeholders were consulted extensively, including eight public meetings held across the country by COMPAS Inc. Hence, these proposed changes reflect the needs and the will of grain producers and of the industry.

This government is proposing to clarify the mandate of the Canadian Grain Commission in the Canada Grain Act. The clarification will stress that the Canadian Grain Commission protects the interests of producers with respect to deliveries to licensees, determinations of grade and dockage and allocation of producer cars.

That said, there have been extensive changes within the Canadian grain industry over the years and the Canadian Grain Commission must reflect that evolution. The number of primary elevators in western Canada has dwindled. Grain companies have consolidated their operations and now much of our grain is shipped from primary elevators to port terminals owned by the same company.

Currently, the Canadian Grain Commission must inspect and weigh all grain received by terminal and transfer elevators. To keep up with the changing environment, the government strongly believes that producer interests are best served by limiting costs and fostering a competitive, efficient grain handling system. Consequently, the government proposes to eliminate mandatory inward inspections and weighing requirements.

The bill would reduce unnecessary mandatory costs from the grain handling system and would work to build a lower-cost, more effective and innovative grain sector. We are reducing the regulatory burden as all costs in the system eventually work their way down to the farmers. This will again result in a less costly system for farmers' benefit.

Nevertheless, inward inspection and weighing do provide value to some producers in some circumstances. The government has proposed amendments to the Canada Grain Act that will facilitate private sector delivery of inward services when they are requested. Thus, eliminating the inward inspection and weighing will create business opportunities for private sector providers. It is best left to the shippers themselves to determine when and at what level these services are provided.

As an important and ongoing check on this new arrangement, producers and industry will be able to apply to the Canadian Grain Commission for binding grade arbitration when they are not sure that the right grade has been assigned. The proposed changes will not reduce the capacity to ensure a dependable commodity to buyers of Canadian grain. What is more, international buyers of Canadian grain can rest assured that every overseas vessel will continue to receive the Canadian Grain Commission's certification of grade and weight.

On another topic, the Canadian Grain Commission's producer payment security program has been the subject of debate in the grain sector. Currently, all licensed grain handlers must provide financial security to the Canadian Grain Commission. If licensed grain handlers fail to pay for the grain they have purchased, the Canadian Grain Commission steps in to compensate producers.

Unfortunately, this security program is flawed as it is not 100% effective and adds costs to Canadian grain handling system. These costs negatively affect the competitiveness of Canada's grain sector. We are reducing the regulatory burden. As all costs in the system eventually work their way to farmers, this will result in a less costly system for farmers too.

However, we do recognize that inward inspection provides transactional value in certain circumstances. That is why we are proposing provisions to facilitate private sector delivery of these services when the shipper believes they would add value. Furthermore, producers and industry would have the ability to apply to the Canadian Grain Commission for binding grade arbitration when requested.

To address issues of non-compliance, the Canadian Grain Commission needs additional, simpler means to enforce the Canada Grain Act. That is why this government proposes that the Canada Grain Act be brought under the Agriculture and Agri-Food Administrative Monetary Penalties Act. This proposed reform follows a recommendation by the Standing Committee on Agriculture and Agri-Food to use monetary penalties to help enforce a grain delivery declaration system.

The bill would provide these tools by allowing for the development of regulations to require grain delivery declarations and the ability to assess penalties against those who declare the content of grain deliveries falsely. These measures will ensure that wheat is properly identified as it moves through the grain handling system and, as such, uphold the grain quality assurance system.

In this environment of change, the Canada Grain Act and the Canadian Grain Commission must be modernized. With these proposed amendments, the Canadian Grain Commission will be better able to provide producers with a more cost effective grain quality assurance system. These amendments are essential to eliminating unnecessary costly regulations to Canada's grain sector.

The government is committed to putting farmers first. The integrity of the Canadian grain quality assurance system and the reliability of Canada brand will be maintained.

The proposed changes to the Canada Grain Act and the Canadian Grain Commission are part of an ongoing modernization of western Canadian grain sector. While historically Canadian grain has been exported as a commodity, it is now increasingly marketed to niche markets and domestic value-added enterprises such as biofuels.

The Canada Grain Act needs to evolve to reflect the changes taking place in the grain sector. The grain sector evolution was accelerated when subsidies for rail transportation, known as the Crow rate, were ended in the 1990s. Since then, prairie agriculture has diversified into a wider variety of crops and has expanded into livestock production. Also, the recent end to KVD has removed a regulatory barrier that prevented western Canadian farmers from accessing high yielding wheats that improve productivity.

In this innovative environment, changes to the Canada Grain Act and Canadian Grain Commission will provide producers with a more cost effective grain quality assurance system. These changes will also help the grain industry to meet the challenges of a more competitive market oriented 21st century.

This government is proposing to clarify the mandate of the Canadian Grain Commission in the Canada Grain Act. With a clarification in mandate, the Canada Grain Act will clearly show that the Canadian Grain Commission acts in the interest of grain producers in the specific areas of: delivery access to elevators and grain dealers; access to binding grain grading; and allocation of producer cars.

However, the proposed reforms do not end there.

Over time, there have been extensive changes within the Canadian grain industry. The number of primary elevators in western Canada has decreased significantly. We have seen company consolidations and now much of our grain is shipped from primary elevators to terminal or transfer elevators owned by the same company.

Currently, the Canadian Grain Commission must inspect and weigh all grain received by terminal and transfer elevators. These services are not essential to the grain quality assurance system and impose unnecessary costs.

Hence, the government proposes to remove mandatory requirements for inward inspection and weighing of grain shipments. In so doing, the bill will reduce unnecessary mandatory costs from the grain handling system and work to build a lower cost, more effective and innovative grain sector.

When I talk to farmers in my riding about the Canadian Grain Commission and the Canada Grain Act, they always wonder why things are done in the manner they are done. They have always ask why we cannot change this or do that. There are a lot of the changes that farmers have asked for and require in the bill in order for them to be profitable in their operations.

What we see happening today is just deplorable. The hoisting of this bill just does not do it for western Canadian farmers. It creates an unfair reality for them. We have asked the opposition parties in good faith to work with the bill in committee. We would like to see the bill move forward into committee.

In conclusion, this bill is very important to western Canadian farmers. I expect this bill to go forward.

The House resumed from April 2 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, and of the amendment.

Business of the HouseOral Questions

October 8th, 2009 / 3 p.m.
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Prince George—Peace River B.C.

Conservative

Jay Hill ConservativeLeader of the Government in the House of Commons

Mr. Speaker, I would like to start by saying that normally in response to the Thursday question, I talk about what government business we will be continuing to debate in this place.

However, because of the NDP House leader, we have not even gotten to government orders yet today. Instead of debating government business this morning, we debated an NDP procedural motion.

Bill C-23, the free trade agreement between Canada and Colombia, began second reading debate on May 25, five months ago. Thanks again to the NDP, we are still debating it at second reading.

We keep seeing the NDP leader on television, telling Canadians that he wants to make Parliament work. However, in this House, his main operative, his House leader, is doing everything she can to make Parliament dysfunctional.

I would suggest that he should either stop running his television ads or actually do what he is telling Canadians and make Parliament work.

However, in response to my hon. colleague's questions about the business for the remainder of this week and immediately following the break week, when we eventually, hopefully, get to orders of the day, we will be calling Bill C-13, the Canada Grain Act, followed by Bill C-44, the Canada Post Corporation Act, and then on to Bill C-23, which I mentioned earlier.

We will continue this business tomorrow.

As my hon. colleague said, next week is a constituency week.

Finally, I would like to designate October 19, the first day back, as an allotted day.

To his question about the report, it will be coming in due course.

Business of the HouseOral Questions

September 17th, 2009 / 3:05 p.m.
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Conservative

Jay Hill Conservative Prince George—Peace River, BC

It would be nice if members would demonstrate a little bit of respect for me as we did for the hon. House leader from the official opposition when he was making his statement a few moments ago, if he would not mind.

Whether it is the issue of the NAFO deadline, which I am sure the Minister of Fisheries and Oceans is seized with, as she is with all fisheries issues, or whether it is trying to negotiate a way forward to expedite the passage of Bill C-50, we need to ensure that we do it right. We need to ensure that that particular bill, which is so important to workers and their families, is passed. However, we need to ensure that the help we are all seeking to provide unemployed people across the country is done in a proper and expeditious manner.

I believe that we will be successful. I am certainly hopeful. I called a special meeting after the two motions from the two opposition parties that made motions this morning. I called a special meeting of the House leaders in my office some two hours ago. I was hopeful that we would have an agreement by now on how to proceed with Bill C-50. That has not happened. One of the parties is still taking a look at a compromise that I have suggested to wrap up debate by tomorrow on this bill and then see it sent off to the committee. I am hopeful that we can perhaps arrive at such a compromise.

That addresses my hon. colleague's issue with Bill C-50. Obviously, as he noted, the House is currently debating second reading of Bill C-50. That will continue after question period.

Tomorrow, pursuant to a special order adopted yesterday, the House will vote on ways and means Motion No. 9 that implements certain provisions of the budget tabled in Parliament on January 27, 2009, and to implement other measures.

Following the vote, we will continue and hopefully complete second reading stage of Bill C-50, so that it can move on to committee as quickly as possible. Backup bills for tomorrow, should they be needed, are Bill C-37, the National Capital Act, and Bill C-44, the Canada Post Corporation Act.

When the House returns after the constituency break, I have planned to call, but not necessarily in this order, Bill C-37, the National Capital Act; Bill C-23, the Canada-Colombia free trade agreement again; Bill C-44, the Canada Post Corporation Act; Bill C-13, the Canada Grain Act; and the Budget Implementation Act, No. 2, that flows from the ways and means motion that will hopefully be adopted tomorrow.

April 28th, 2009 / 9:10 a.m.
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Yves Dufour Director General, Laboratoire de sciences judiciaires et de médecine légale

I would like to start by thanking you for inviting us to appear before the Standing Committee on Public Safety and National Security. I would like to introduce the people with me today—Frédérick Laberge, Director of Biology at the Laboratoire de sciences judiciaires et de médecine légale and Administrative Director, as well as Diane Séguin, the Deputy Director of Biology at the laboratory in Montreal.

We will read you the brief we prepared for about 10 minutes, and then we will take your questions.

In 1914, the Quebec government created the first forensic laboratory in North America, located in Montreal. Today, the laboratory is under the responsibility of Quebec's Ministry of Public Safety, and is an impressive example of a modern forensic laboratory.

Our disciplines include toxicology, biology and DNA; counterfeiting and forensic document analysis; chemistry; fires and explosions; ballistics; electrical and computer engineering; forensic pathology; and gaming equipment certification.

The laboratory's mission is to provide objective expertise in forensic science to support and further the administration of justice and police and legal investigations.

I will now describe our role. Ontario and Quebec are the only provinces in Canada with forensic laboratory facilities that perform their own DNA analysis. The other provinces and territories send their DNA work to the Forensic Laboratory Services of the Royal Canadian Mounted Police.

The laboratory is responsible for analyzing biological samples collected by the police from crime scenes on Quebec soil. The resulting DNA profiles are unloaded to the National DNA Data Bank (NDDB) Crime Scene Index for comparison with the Convicted Offenders Index and other DNA samples in the Crime Scene Index.

The laboratory is the only organization authorized to supplement the Crime Scene Index with DNA samples collected from crime scenes in Quebec. DNA orders for offenders convicted by Quebec courts of law are executed by the Quebec police. The samples are then sent directly to the National DNA Data Bank for biological analysis and to be added to the Convicted Offenders Index. The Laboratory is not involved in updating the Convicted Offenders Index.

As regards our contribution to the National DNA Data Bank, the laboratory spends $5.7 million a year, including fixed costs, and has 50 FTEs at its disposal to meet its DNA analysis mandate. Despite its extremely limited resources, as of March 30, 2009, the laboratory had provided more than 15,674 DNA profiles to the Crime Scene Index, which represents more than 32.6% of the total number of profiles (48,227). As of the same date, Ontario had contributed more than 18,898 DNA profiles, which represents 39.1% of the total, while the RCMP laboratories contributed 14,655 profiles, accounting for 28.3% of the total.

I come now to the issue of federal funding for the Laboratory's contribution to the NDDB's mandate. As a result of negotiations on the creation of the NDDB and the role Quebec would play in this national program, it was agreed that the federal government would help offset the additional costs generated by the new NDDB-related activities. Since August 1999, Quebec has signed two Biology Casework Analysis Agreements to contribute to the NDDB's Crime Scene Index.

The first agreement, signed on August 12, 1999, was for three years—from April 1, 1999 to March 31, 2002. It provided for automatic renewal with the same conditions for a one-year term or until a new agreement could be reached, in accordance with the renewal clause.

The expiry of this first agreement was extended to March 3, 2003. The terms of this agreement stipulated that the federal government would reimburse Quebec 20% of the average cost of DNA profiles completed by the laboratory. In September of 1999, an accounting firm established that the average cost of a DNA profile was $2,645. Therefore, the federal government's contribution would be $529 per profile (20% of $2,645).

In 2004, a second agreement was signed for a three-year period (April 1, 2003 to March 31, 2006), including an automatic renewal for the 2006-2007 year. Under this agreement, Canada agreed to reimburse Quebec $771.76 for each DNA profile completed by the laboratory for a designated offence (under section 487.04 of the Criminal Code), up to a maximum of 11,311 profiles. This amount ($771.76) represents 23.3% of the average eligible cost to process a DNA profile.

On March 31, 2007, the laboratory had fulfilled all its obligations with regard to the second agreement. Since that date, the Quebec government has been trying to negotiate adequate long-term funding to continue its vital contribution to the NDDB.

The federal government and the Quebec government signed an interim cost-sharing agreement in July 2008 to extend the funding for biology casework analysis until a new long-term agreement was reached. The federal government agreed to contribute $2.3 million in both the 2007-2008 and 2008-2009 fiscal years.

The negotiations for the long-term agreement are particularly difficult, because the federal government has so far refused to honour the financial commitment it made in the previous agreement. At the same time, the laboratory's workload increased with the passing of new federal laws (C-13 and C-18) on January 1, 2008. Quebec is expecting to see an increase of more than 1,500 DNA profiles per year, without any additional funding. A new building, new equipment and more resources are necessary to meet the demand this new legislation creates. The issue has been brought to the attention of the federal government again and again.

I come now to the federal-provincial-territorial working group on DNA.

In April 2008, the federal government revived the federal-provincial-territorial working group on DNA to develop a work plan to renew the biology casework analysis agreements with the provinces and territories. A work plan proposal was presented to the deputy ministers of Justice and Public Safety at the federal-provincial-territorial levels in June 2008.

The proposed work plan included the following steps: a short-term work plan (6-12 months) aiming to establish the real cost of DNA analysis as well as the current capacity of the laboratories and to evaluate the increased workload as a result of Bills C-13 and C-18; a long-term work plan (18-24 months) aiming to examine the way international partners use DNA profiles, maximize the efficiency of this technology in the judicial system and its related costs, and evaluate the various cost-sharing and service delivery models.

Quebec objected on the grounds that it had accepted the 2007-2009 interim agreement on the condition that serious negotiations take place in 2008-2009 and that it could not afford to wait a further two years at the same level of funding. Quebec also pointed out the national scope of the program and Ontario and Quebec's essential contributions to the NDDB, that is to say a contribution representing more than 72% of the DNA profiles uploaded to the NDDB Crime Scene Index.

In August 2008, the federal government commissioned Services Conseils Canada to undertake a study of the costs and capacities of the three Canadian laboratories: the Laboratoire de sciences judiciaires et de médecine légale, the Centre of Forensic Sciences and the RCMP's Forensic Laboratory Services. This study was supposed to have served as a basis for negotiating a new funding agreement for biological casework analysis. The report was scheduled to be tabled at the end of December 2008.

Despite the fact that Services Conseils Canada finished its work in late January, the laboratory has yet to receive its final report and recommendations. At this time, no other negotiations are underway to reach an agreement on biology casework analysis funding. The federal government entered into biology casework analysis agreements with the other provinces and territories that use the RCMP's Forensic Laboratory Services.

Since the NDDB was established, more than 11,500 matches have been made, thereby helping police solve crimes. The success of the NDDB program completely depends on supplementing and updating the Convicted Offenders Index and the Crime Scene Index.

Quebec, through the laboratory, actively contributes to developing the NDDB. To date, 32% of the DNA profiles unloaded to the Crime Scene Index have come from the laboratory. This contribution could be even more significant if the federal government were to provide funding for the analysis of all DNA profiles requested by the Quebec police in the course of their criminal investigations.

Because of inadequate funding, the laboratory is currently unable to process DNA analyses for the offences set out in Bills C-13 and C-18. As a result, the NDDB's usefulness is seriously hampered.

In order to resolve this situation and optimize the performance of the NDDB, the federal government must assume a greater responsibility for funding this national program by granting the funds necessary to process all forensic DNA profiles for designated offences, taking into account the increased demand created by Bills C-13 and C-18 and the current backlog of DNA profiles in Canadian laboratories.

Business of the HouseOral Questions

April 2nd, 2009 / 3 p.m.
See context

Prince George—Peace River B.C.

Conservative

Jay Hill ConservativeLeader of the Government in the House of Commons

Mr. Speaker, today, Bill S-3, the energy efficiency bill, was read a second time and referred to the Standing Committee on Natural Resources.

Just before question period, we were debating Bill C-13, the Canada Grain Act, but it appears the coalition of the Liberals, the NDP and the Bloc has been revived and it is supporting a motion that, if adopted, will defeat that bill. It is proposing to kill the bill before it even gets to committee. It is unfortunate that the coalition's first act is to abdicate its role as legislators by denying close scrutiny and study of a bill at a committee.

After my statement, the government will be calling Bill C-5, Indian oil and gas, followed by Bill C-18, the bill respecting RCMP pensions, which is at second reading.

Tomorrow, we will continue with the business that I just laid out for the remainder of today.

When the House returns on April 20, after two weeks of constituency work, we will continue with any unfinished business from this week, with the addition of Bill C-25, the truth in sentencing bill, Bill C-24, the Canada-Peru free trade agreement, Bill C-11, human pathogens and toxins and Bill C-6, consumer products safety. We can see we have a lot of work to do yet. All of these bills are at second reading, with the exception of Bill C-11, which will be at report stage.

During the first week the House returns from the constituency weeks, we expect that Bill C-3, the Arctic waters bill will be reported back from committee. We also anticipate that the Senate will send a message respecting Bill S-2, the customs act. If and when that happens, I will be adding those two bills to the list of business for that week.

Thursday, April 23, shall be an allotted day.

Agriculture and Agri-FoodOral Questions

April 2nd, 2009 / 2:55 p.m.
See context

Battlefords—Lloydminster Saskatchewan

Conservative

Gerry Ritz ConservativeMinister of Agriculture and Agri-Food and Minister for the Canadian Wheat Board

Absolutely not, Mr. Speaker. The member opposite has it totally wrong. It is not pronounced “ergo”; it is pronounced “ergot”.

Having said that, inward grading is still available. Inward inspection is still available. It has nothing to do with food safety. It is a blending of product as it moves between inland terminals and export position. The grain is still checked as it goes into the elevator pit. It is still checked as it is exported out of this country. Food safety is retained.

By getting rid of Bill C-13 today, the opposition parties have hamstrung producers again. It is an antiquated act. It is darned near as old as the NDP.

Agriculture and Agri-FoodOral Questions

April 2nd, 2009 / 2:55 p.m.
See context

NDP

Alex Atamanenko NDP British Columbia Southern Interior, BC

Mr. Speaker, according to a report by the Canadian Centre for Policy Alternatives, inward inspection of grain ensures that Canadian grain is free from harmful contaminants or other safety hazards.

In 2008, ergot, a dangerous fungal disease, was prevalent along the Manitoba-Saskatchewan border. Canada's grain inspection system was able to ensure that dangerous levels of ergot were kept out of the food supply.

Bill C-13 proposes to eliminate inward inspection by the Canadian Grain Commission. Does the Minister of Agriculture and Agri-Food agree that this would create a serious gap in the Canadian food safety system?

Canada Grain ActGovernment Orders

April 2nd, 2009 / 1:40 p.m.
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NDP

Alex Atamanenko NDP British Columbia Southern Interior, BC

Mr. Speaker, I just heard a reference from my hon. colleague on the agriculture committee that I was not there this morning. I was here debating this very important bill. At some point in time, I would like to ask him if he is doing any work to help the potato farmers.

I have a letter on my desk asking the minister to help. I met Mr. Gemme, who wrote the letter to me. I talked with the folks at committee during the latter half. I think all of our parties will get together to work on this. Hopefully, the minister will help these folks in Quebec and Alberta.

I am envious that my hon. colleague from Yukon is going back to beautiful Yukon. I spent years there and I encourage all members to visit that beautiful part of the country.

Could he place Bill C-13 in a global context? In other words, if this bill were to pass, what ramifications would he see for Canadian farmers and for Canada?

Canada Grain ActGovernment Orders

April 2nd, 2009 / 1:20 p.m.
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Liberal

Larry Bagnell Liberal Yukon, YT

Mr. Speaker, the reason I am speaking to Bill C-13 is because I am very worried about the number of times the government has put Canadians at risk by reducing inspections in previous instances.

We remember the listeriosis crisis, where there were problems with 200 brands of meat. There were 20 deaths in Canada and 5,000 Canadians were affected. We also remember that in China, 300,000 people were affected by melamine.

We cannot cut inspections. Cutting inspections were related to the problems of listeriosis. Inspectors were told that they should be in the office. That is like telling the lifeguard, where we send our small children, to do his inspections from his office. It just does not work. Canadians are very concerned about it, which is why the hoist motion is before us. To reduce safety is one element of the bill, but to reduce Canada's reputation around the world is another element. Canada would incur economic losses because of that. As the previous member said, these are the comments we have received from farmers and farm organizations. They are not coming out of the blue.

We have a tremendous reputation around the world, to which I am sure some of the members on the other side would attest. When we look at the tremendous accomplishments of our agriculture and agri-food industry over the last hundred years, the Canadian grain sector stands out as a great success story.

Today, Canadian wheat, barley and other grains are known by our customers all over the world for their outstanding quality, consistency, cleanliness and innovation. Each and every year Canada's grain industry contributes over $10 billion to the Canadian economy. These dollars drive the economies of both rural and urban areas of Canada. They create and sustain jobs right through the grain production chain, from farm input suppliers, to elevators, to transporters and processors. These dollars create jobs and prosperity for Canadians at home and they support our rural areas, which contribute so much to Canada's economy.

Why in the world would we threaten our worldwide reputation with this bill? That is the concerns of farmers and farm organizations.

I will explain the transport of grain and the process of some of the prairie grains. It starts with the farmer. Often it goes to local elevators or elevators at the shipping area. When the grain arrives, it is given the inward inspection. Then it is put on the ship to go overseas. A farmer needs to have a mandatory export permit, so it has to be inspected at some time, and that is the outward inspection. This leads to the distribution of the tremendously high quality of grains around the world. Individual farmers with particularly high quality grain can receive high prices for their product. The system has for decades resulted in our tremendous safety record.

In that process, the farmers give their grains to big producers to sell. A grain shipment can be worth quarter of a million dollars. That is basically the farmer's livelihood. He might have to sell the farm and his house if, for some reason, that were lost or he did not have access to it. Therefore, a bonding system is in place. Payment for the grain shipment is therefore protected if the big producer either goes bankrupt or for some reason refuses to pay. The system has been working very well in those respects. There could be some fine tweaking, but we do not fine tweak a fragile Christmas ornament with a sledge hammer.

First, what would happen if we eliminated the bonding?

I want Conservative members to imagine giving their houses to a business or someone else for a couple of months and having to wait some time to get paid. Would they put their livelihoods, houses and everything they own into someone else's trust if they did not have protection? That is the same type of situation these grain farmers are now going to be in.

Eliminating the protection farmers have is particularly cogent in this time of recession, which. hopefully, government members would agree, puts that particular aspect of this bill in a different scenario. In this time of recession, as banks will attest, there are more bankruptcies, more inability to pay and more inability to sell products. To threaten the little guy's entire livelihood, his farm, his existence and his house by this type of accident that is prevented now and would be lost by this bill would be thought of as unconscionable by anyone in the House. This is only one example.

When the template for this bill was developed last year, the government did not follow the committee recommendations. It is shameful. When the minister spoke on the last iteration of the bill, he said, “This was what the committee recommended”. There are all sorts of instances in the bill where the government ignored the committee. I think the words in Hansard were that it showed contempt for the committee in not following the committee recommendations.

Bonding is a perfect example. The committee asked the government to study various possibilities of protecting farmers before it made any changes. Lo and behold, there was no study and no idea for protection. It just went ahead and did it, ignoring the committee's recommendation.

Removing the inward inspections would mean that Canadian grain exports to the United States may not be inspected at all, unless someone hires an inspector. Of course, this could have devastating effects both to the safety of Canadians and Americans but also to the export markets. What happens if, through this lack of inspection, a poor quality shipment goes to the United States? If we mix shipments of grain so there is no discrimination like there used to be between our high quality shipments and the lower quality shipments of the United States, we would not get high prices for that. That is the first problem.

As for the exports, those shipments must be inspected because it is mandatory by the international agreements Canada signed. What could happen is that one inspection, sometimes because of the details of analyzing the inspection results, might not occur until the ship has left the dock. What would happen when there are hundreds of thousands, if not millions of dollars worth of grain from many farmers on a ship? Does the ship have to return? It depends upon the type of contamination, which I will talk about later. Would the entire shipment need to be destroyed at a cost to everyone involved? All of these things would have been prevented or was far more likely to be prevented under the old system with inward inspection.

When the inspection occurs on grain coming into ports or into the local grain elevator in smaller quantities, people find out whether there is mould, glass, deer droppings or items that would make people very sick. This has some distinct advantages not only of finding it earlier and not needing to destroy hundreds of thousands or millions of dollars worth of product and finding it later mixed in a massive shipload but it also helps solve the problem for the future by protecting the grain that is not contaminated so it can be determined in a much smaller quantity where the particular shipment came from, which farm, which elevator, isolate the problem and then deal with it on a much smaller scale.

With government assistance, we can aggregate the various qualities so that a farmer with a particularly high quality of grain can get a premium price. The grain would not get mixed in and become indistinguishable in a package with a lower quality evaluation.

What could be uncovered in these type of inspections? For people who do not deal with grain directly, a number of things can get into grain. It is not so simple that the grain is always perfectly clean. In one year, 10% to 25% of the grain samples inspected had some problems. There could be 200 deer or some other animals in a field of grain. There could be rodent excrement or fertilizer pellets mixed in it. Other things that have been found are toxins, bacteria and fungi, fusarium blight, mercury, glass and ergot. Ergot is a particular example of how most people do not think wheat can be dangerous. Small quantities in bread can lead to violent muscle spasms, hallucinations and crawling sensations on the skin. It was thought that the Salem witch trials were caused because of ergot. So there can be very dangerous things in wheat that are dangerous to human health, dangerous to Canadians and Americans, and dangerous to our exports overseas. Far less important than health is the damage to our reputation if these are lost because of a lack of inspection.

The bill would lead to a lot less research by the Canadian Grain Commission. We have talked already in this Parliament incessantly about the cutting of researchers by the government. I have talked a number of times about the north's atmospheric research that has been cut close to the North Pole at the weather station. The three largest research councils in Canada have been cut as far as money for researchers. This small item is symptomatic of that. The reason we are world leaders is because we have this tremendous research capacity and the infestation labs. It is amazing that we would think of passing a bill that would cut off this great success story.

I also want to talk about another protection for farmers. At the beginning of the bill, it changes the function of the bill as to who is being protected. It suggests that it would not only protect the farmers and producers, but that it would throughout the system. The farmers' organizations have said that this would dilute the protection of the farmers themselves. I have mentioned already in a number of cases of how the small farmer, the small producer is being put at great risk by the bill, at unnecessary risk to the value and safety of his crop and to the safety of an amount of pay for his crop that could lead basically to his life savings.

Another item that would reduce the safety for farmers is the cutting back of the Grain Appeal Tribunal. When a farmer had an objection or wanted to challenge the Grain Commission inspector's report, he could appeal to the Grain Appeal Tribunal. If this bill were to proceed, this tribunal would be gone and the farmer's only recourse would be the chief grain inspector, one person. As we have noticed with the Wheat Board machinations, et cetera, that one person may actually have the Conservative government's interests at heart. In any event, I do not think any of us would want to put our entire livelihood, our family home and the family farm, at the risk of only one person. Even one person could make an innocent mistake. Also, farmers could no longer go to court. What type of natural justice would ever prevent someone from going to court, especially when the tribunal that he or she could have gone to previously has been eliminated? I do not think the farmers who have contacted our party are very happy about this lack of protection.

I want to talk a bit about some of the recommendations made by the committee.

In February 2008, during the debate on the last round of this bill, the minister said that many of the amendments to this act had come out of the work that was done at the agriculture committee, in co-operation with all parties, and that he looked forward to their support on this bill. He said that the amendments reflected the direction of both the COMPAS report and the good work done by the Standing Committee on Agriculture and Agri-Food. I think nothing could be, I will not say more untruthful, but more deceiving, because, as I said earlier, many of the committee's recommendations were not followed.

What is really incomprehensible is that the person who chaired putting the report forward at the time was the Minister of Agriculture. He signed his name to a committee report that has all sorts of recommendations, some of which I mentioned and more of which I will mention until I run out of time, and then introduces a bill that does not follow those recommendations. What is even worse is that members of his party said in their speeches that the bill came from the recommendations and that one of the recommendations was that there should be a cost benefit analysis done about privatizing the inspection services before anything like that was considered. However, that was never done.

The committee, as I said earlier, suggested that before bonds were eliminated, a study be done and a report sent back to the committee on various models. It also suggested that the Grain Commission be given more money to do these types of investigations on the streamlining, not less money.

With regard to the 200 job losses, it is not just the jobs themselves. Every member here knows how bad that is but when we equate that to reduced inspections on food safety, for hundreds of thousands of people that makes it much more serious.

Because of the problems related to the lesser quality of the shipments, as I suggested earlier, those in the transport business will know there could be losses to Canadian ports. The agriculture union estimates that the protection programs that protect farmers would be slashed by 67%, the grain quality by almost 50% and the research programs by 70%.

I do not know if people realize the ramifications of this bill. For all the reasons I mentioned, it is definitely time to send this bill back to the drawing board.

Canada Grain ActGovernment Orders

April 2nd, 2009 / 12:55 p.m.
See context

NDP

Bruce Hyer NDP Thunder Bay—Superior North, ON

Madam Speaker, the attack on grain farmers has been renewed, unfortunately. Amendments to the Canada Grain Act signal a renewal of the Conservative government's attack on grain farmers in Canada. Even worse, or equally as bad, as well as an attack on grain farmers, it is an attack on the role of government itself in protecting the health, the safety and the jobs of Canadians across the west and in Thunder Bay, where we stand to lose 100 well-trained high-quality grain inspectors.

Instead of helping Canada's grain producers in these troubled economic times, these amendments to the Canada Grain Act in Bill C-13 would do the following things.

They would shift the purpose of the grain act away from protecting producer interests. They would expose those producers to financial harm by eliminating the requirement for grain buyers to post security bonds to protect them in the case of bankruptcy or default. They would dismantle the Grain Appeal Tribunal, which protects producers from unscrupulous behaviour on the part of large multinational grain companies. They would eliminate the commission services that independently determine the quality and quantity of grain delivered, returning producers to the position of not knowing if they are receiving fair payment for a superior Canadian product.

As I have said, it will eliminate 200 highly trained, highly skilled grain inspectors, 100 of whom are in my riding of Thunder Bay.

These changes will hurt grain producers just like the Conservatives' effort to strip away farmer control of the Canadian Wheat Board in general. They also threaten the quality advantage of Canadian producers that they enjoy over competitors from around the world.

Bill C-13 will replicate the changes to the Canada Grain Act that were scorned by the opposition parties during the last Parliament. Not only NDP, but Liberal and Bloc MPs were united in recognizing the threat in a similar bill in the previous Parliament.

The Canadian Grain Commission is a pillar of our Canadian grain economy and it stands threatened by Conservative Party policies and Conservative Party politics. Why is this?

As a little background on the Canadian Grain Commission, the Grain Commission has served as an independent arbiter working to settle disputes when they arise about the quality and quantity of grain that producers are bringing to market. Typically this function protects producers and makes sure they are fairly paid by the powerful multinational corporations that buy and export their grain products.

Canada's reputation for top-quality grain is protected by those grain inspection services provided by the Canadian Grain Commission. The commission also provides independent, objective, comprehensive information about the quality and quantity of Canadian grain that is crucial to the international marketing efforts of the Canadian Wheat Board.

The Conservative Party's proposal in this bill would dramatically diminish the Canadian Grain Commission by doing the following.

It would kill the commission's inspection and weighing service, leaving producers disadvantaged in their dealings with grain companies when it comes to determining grain weight and grade. With the loss of the commission's weighing and grading service, producers sometimes may not be paid for the quantity and quality of grain they deliver. It would eliminate the requirement for grain buyers to post security bonds, thus exposing grain producers to financial harm in the event of a grain buyer bankruptcy or refusal to pay. It would dismantle the Grain Appeal Tribunal, which protects producers and the Canadian Wheat Board from unscrupulous behaviour on the part of grain companies.

The Conservative proposal poses a risk to Canada's international reputation in the grain trade, a well-earned and long-earned reputation on the world stage.

Our grain is in demand because no other country offers a quality guarantee, backed by a system of government inspection as stringent and comprehensive as that in Canada. To protect our quality brand, Canada even has programs and procedures to prevent Canadian grain from being mixed with imported U.S. product, ensuring the integrity of Canada's quality guarantee.

Along with Canada's international reputation as a producer of the highest quality, at risk is the quality premium paid to Canadian producers under the current system. Once this quality incentive to ship Canadian grain separate from American grain is lost, we expect, and Canadian producers and farmers expect, that Canadian grain will be shipped overland, mixed with lower quality American product and shipped through U.S. ports. That will have significant downstream consequences for the Canadian economy as the lucrative business of shipping Canadian grain is lost from Canadian ports.

Further, the Conservative proposal ignores the unanimous advice of an all-party committee of our House of Commons. After extensive study of the future of the Canadian Grain Commission, the House of Commons Standing Committee on Agriculture and Agri-Food made several recommendations that were supported by all parties, including some Conservatives, but the agriculture minister chose to ignore the advice of the standing committee.

A previous speaker mentioned that they believe they have the support of western farmers. They certainly do not have the support of the National Farmers Union. The president of the National Farmers Union, from Saskatchewan, commented on the bill in a press release that stated:

Bill C-13, An Act to amend the Canada Grain Act, will cost farmers tens of millions of dollars annually, while jeopardizing food safety and the quality standards of Canada's grain exports. “The full implications of this bill are enormous”...The changes that are lurking beneath the surface are not readily apparent but they will be devastating to Canada's grain farmers.

...“This bill must not be allowed to pass.”

The bill will add...millions of dollars of extra costs to farmers...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 [as they are today]. Regardless of whether it's 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.

Bill C-13 is aimed at deregulating the grain industry, and would fundamentally change the mandate of the Canadian Grain Commission (CGC)...“It removes the requirement that the CGC operate as a public interest watchdog that regulates the overall grain industry in the 'interests 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 [who buy their grains] to circumvent those limited protections [that would be put in place].

Bill C-13 will 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.

Bill C-13 would also eliminate the requirement that grain companies be licensed and bonded. Eliminating these security provisions would leave farmers holding the bag if a grain company goes bankrupt...“Eliminating this provision will not save farmers any money. It will only increase their risk.”

The Conservative government and the Conservative Party are determined to weaken and destroy the Canadian Grain Commission. It is part of the Conservative agenda to put big business interests ahead of economic autonomy for Canadians and Canadian farmers.

Bill C-13 turns back the clock to the late 1800s. It puts us into self-regulation, as before 1912.

The Conservative agenda is clear. It is building on the Mulroney tradition of what is good for U.S. business will be good for Canada, selling out Canadian farmers, selling out Canada's grassroots industries, or grain-roots industries, and selling out Canadian workers across Canada, such as those in Thunder Bay.

Bill C-13 would put big business interests over the public interest and the interests of Canadian workers and Canadian citizens.

Canada Grain ActGovernment Orders

April 2nd, 2009 / 12:25 p.m.
See context

Liberal

Wayne Easter Liberal Malpeque, PE

Madam Speaker, the Liberal Party welcomes the hoist motion moved by my hon. colleague, because it has become increasingly evident that the government is not listening to the concerns expressed by the opposition in the House about the bill. Certainly it is clear that the government is not listening to the concerns of the primary producers.

The parliamentary secretary got it all wrong in his last remarks. The reason the opposition is taking such a strong stand against the bill is the government's failure when it comes to primary producers. Nowhere is that evidence of failure more clear than it is with this bill.

The government has not listened to any of the producers' concerns that were expressed during the committee hearings. It has not listened to the concerns that were expressed by producers on the original bill, Bill C-39. It has not listened to the concerns of producers between now and when Bill C-13 came into being. Obviously, the government is not listening to primary producers in this country. Therefore, the opposition parties are left with no choice but to try to bring the government to its senses and give us something that shows it is listening to producers and their concerns and not just to industry.

Calls are coming in every day from producers concerned about the bill. In fact, the principal reason for our supporting the hoist motion, which as stated by the parliamentary secretary, and I agree, will effectively remove Bill C-13 from the order paper for this session, is that the government has known for more than a year that all three opposition parties are concerned about it. Over the course of that time the amount of concern being expressed by primary producers, by the farm community, is unbelievable. I have not seen anything like it in my time in terms of the avalanche of concerns coming forward from industry on this particular bill.

There is strong concern, not about reforming and improving the Canadian Grain Commission, but about being complicit in its undermining and ineffectiveness. I do not want to see myself, my party does not want to see itself, and I understand that the other opposition parties do not want to see themselves as being complicit in undermining the Canadian Grain Commission and undermining its effectiveness for primary producers.

The major reason for the need to have this bill removed and reconsidered, redrafted and resubmitted is that the extent of the harm this legislation would do, given the extent of the amendments to the Canadian Grain Commission, are beyond the most recent parliamentary review of the activities of the Canadian Grain Commission. That review was conducted by the Standing Committee on Agriculture and Agri-Food after having heard from stakeholders across the country.

This morning the official opposition held a press conference on this very matter. The need for this press conference was that we have seen from the current government the ultimate in incompetence. It did not listen to the Standing Committee on Agriculture and Agri-Food, which held hearings several years ago. The government introduced former Bill C-39, which was severely flawed. The government had concerns coming forward from producers and opposition parties. It failed to address those concerns and introduced a new bill, Bill C-13, which was substantially the same.

Since it was first introduced in Parliament, information is getting out to our producers on how bad the bill is, and we are being inundated with calls telling us to kill the bill, to get rid of it. Therefore, this morning the official opposition held a press conference in which we said that Parliament must at its earliest opportunity block the government's Bill C-13, which is proposed amendments to the Canada Grain Act. At the press conference I outlined many of my concerns with the bill and I will list them quite simply and shortly.

It changes the mandate from being in the interest of producers to being in the interest of industry. It takes away the bonding requirement of companies which is there to protect producers. Producers sell half a million dollars of grain to a grain company and they get no protection in terms of that company being bonded. A producer could go broke as a result.

There is the whole issue of inward inspections, which my colleague from the fourth party outlined is really an issue of food security and food safety. I will get to that in a moment. The Canadian Wheat Board expressed some concerns a while ago in a press release it put out. If the CGC does away with inward inspection, it will have to be handled in some other way. The problem is, when it is handled in another way, who will handle those costs and take all the risks? It will be the primary producers.

Another problem with the bill is appeals on grades and weights. The chief grain inspector would have the ultimate authority, and the government even put in the bill that there is no appeal to the Federal Court. Imagine that. There is no appeal to the Federal Court. There is no way farmers who have faced an injustice can get to the justice system to appeal the decision made by an arbitrary regulatory authority. That is absolutely crazy in a democratic system such as ours.

This morning at our press conference, we said that the bill has to be stopped in the interest of the farm community. Our House leader said that there are three options. We could simply vote down the current Conservative motion asking for approval in principle; we could adopt a so-called hoist motion, which is the one we are talking about, which has been put forward by another party; or we could move a reasoned amendment. According to the rules of the House of Commons, any one of these three options would effectively kill the bill. There is no question that the bill must be stopped.

This is grain legislation. People in downtown Toronto and downtown Vancouver or even downtown Charlottetown probably do not understand the need for such strong regulatory actions in the grain industry.

As I said earlier in my remarks, Canada has become the number one supplier of quality grains around the world. We are recognized as the top supplier of quality grains in the world, as a result of the efforts of the Canadian Grain Commission and certainly the producers in producing the kind of grains they produce.

To make the issue relevant to consumers and people in urban Canada, I would say that while functioning, regulatory systems tend to be invisible until tragedy occurs. It is only after somebody dies, either from drinking bad water or food or whatever, that people recognize the need for a regulatory system in the background to protect the interests of all.

In an article in the Edmonton Journal written by Scott Sinclair and Jim Grieshaber-Otto, this is what they said on another issue:

Citizens rightly expect their governments to protect them and to act in the public interest. Too often governments fail to do so, instead responding to corporate pressure to weaken regulations so that businesses can cut costs and increase profits. Recent outbreaks of food-borne illnesses -- listeriosis in Canada, melamine contamination in China, and salmonella poisoning in the U.S. -- underline the dangers to the public of cutting back on government oversight and inspections in the food system.

They went on to say:

Yet these lessons seem to be lost on the Conservative federal government, which is threatening another of Canada's highly successful regulatory systems. Legislation now before Parliament -- Bill C-13 -- would gut Canada's world-class grain regulatory system.

They go on to talk about some other points in the article saying that what the government is really doing is increasing the risk of catastrophic financial loss to producers and also that the government is more interested in creating opportunities for transnational corporations than in protecting Canadian farm and consumer interests. I certainly would agree with those points.

With the pressure from the farm community, we have no choice but to support this hoist motion because the government has not listened. It had the opportunity since it first introduced the legislation to at least tell us what it was going to do. Instead, we hear statements from the minister along the lines of, “Don't worry, we will fix it”.

Canadians now know full well that they cannot trust the Prime Minister and the government. A statement saying it will fix it at some future date is just not acceptable. We have not seen any intention on the part of government that there is anything in the wings, behind the scenes, that is going to propose to amend this legislation in a proper way.

Let me speak a little more about inward inspection, which is a critical issue in terms of the legislation itself and why it is necessary to effectively close down this bill.

On the issue of inward inspection, the government has indicated it is removing the role of the CGC. The Standing Committee on Agriculture and Agri-Food, in a unanimous report, acknowledged that mandatory inward inspection is not a universal requirement while outward inspection and weighing is. The committee stated in its report, again supported unanimously:

--several strong factors seem to support optional inward inspection: the inward inspection requirement is already not universal; optional inspection would not affect producer rights of access to the terminal; and producers and the Canadian Wheat Board should not be unduly affected financially if a proper publicly supported infrastructure and pricing system are put into place in light of the public benefits of maintaining an inward inspection capability.

The fact is that while the government is removing the inward inspection provision, the work called for by the committee has never been done. The government has not done the work called for by the committee itself.

To just go on a little further, the government has to explain why it has decided, prior to the legislation, to downgrade, as expressed in the estimates for the commission under the section which describes the activity as providing “Consistent and reliable grain quality and grain safety assurance to meet the needs of domestic and international markets”, the forecasting spending. In 2011-12 it will be $23.4 million; in 2007-08, the planned spending was $50.2 million. By the Canadian Grain Commission's own records, the government will reduce the ability of the Canadian Grain Commission to do its job by $26.8 million.

I have to ask the question: Is this a matter of the government cutting costs on the backs of primary producers and the safety of consumers in this country? Is that what the government is really doing behind closed doors?

Staffing, as a previous member mentioned, will be reduced from 664 FTEs in 2007-08 to 421 in 2009-10. Somebody, I believe it was the parliamentary secretary, mentioned earlier that there is employment insurance and so on and so forth. That is not the point. The point is these people are needed in the industry to protect producers in the public's interest. This is not just about money. This is about protection and regulations in Canadian society that are direly needed.

A recent study of the Canadian Grain Commission itself found the following issues with respect to the loss of inward inspection, and I will go through them.

First, inward weighing and inspection, that would still be required, would be less trustworthy and more expensive.

Second, the grain system would lose an important early detection system for contaminated grain. Eliminating inward inspection by public officials would increase the likelihood of contaminated grain being comingled with larger quantities of clean grain.

Third, shipments to Canadian and United States markets would lose an important level of protection against contamination. Grain shipped to those markets could bypass official inspection. That is worrisome.

Fourth, inward inspection provides quality assurance information that makes outward inspection more efficient and cost-effective.

Finally, replacing public sector inspectors with private contractors, many of whom would be reliant upon private grain companies for business, would undermine the perceived reliability of the information derived from inward inspection.

Those are comments from a recent study by the Canadian Grain Commission itself.

Now, should Canadians worry? Should we, as opposition parties, worry? Definitely, we should. But where is the government? Why is not dealing with these serious concerns?

With respect to the diminished role of the Canadian Grain Commission, the study prepared by the Canadian Centre for Policy Alternatives found, for example, with respect to the port of Vancouver the following problem, bearing in mind that Vancouver and Prince Rupert, as of December 2007, moved almost 1.2 million tonnes of grain through its facilities:

At a typical Vancouver elevator, CGC weighers routinely process the unloading of 50-100 rail cars during a shift. Documentation on these cars, their parcels, weights, any anomalies and other relevant information is provided by the weigher to the elevator at the end of each day.

It goes on to show that their service is very important.

Let me conclude. The reason for the hoist motion that we are now supporting is really simple. Clearly, the government had ample opportunity to come forward with a bill that was amendable and made sense to primary producers. It has failed to do so.

Second, farmers are expressing their concerns about the current government. They are asking us, “Where are the government backbenchers?” “What are they doing?” “Are they trained seals or what?” “Why are they not expressing their concerns on behalf of their constituents?” They have concerns and this bill should be stopped in its tracks.

The bottom line is it is not amendable. The government has failed to do its due diligence and the opposition has a responsibility to hold the government to account. That is why we are supporting the amendment presented by the member opposite.

Canada Grain ActGovernment Orders

April 2nd, 2009 / 12:15 p.m.
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Liberal

Wayne Easter Liberal Malpeque, PE

Madam Speaker, the member surprised me that he would go after the opposition in some of his last remarks. We are not trying to scuttle the bill. We are trying to bring the government to its senses. It has a responsibility to producers, not just to the multinational corporate sector. The problem here is that Bill C-13 does everything for industry and takes away protection, power and authority for producers.

Regarding the hoist motion, sometimes legislation is so bad and so terrible that it is basically unamendable, and that is what producers are telling us. The government has a record of failure in most areas relating to the farming community in this country, and I could go through a list, but had the government come forward with a bill that was at least a starting point, then we could get to the substance of the issue and amend it.

Maybe the parliamentary secretary and his minister should look in the mirror and accept their responsibilities for not having done their work. They had lots of time to do it, since the Standing Committee on Agriculture and Agri-Food had first put forward its committee report several years ago. They had Bill C-39 and heard the criticism there and came in with another bill.

We do get the odd statement out of the minister when he is getting attacked on this issue in the country. When asked if farmers would be protected, he said:

We're not going to leave you hanging with nothing. We'll keep the program that's existing in place until something new comes along.

Producers want some assurances. They want to see what the protection is in legislation. They know the government cannot be trusted. They certainly know the minister cannot be trusted because they have seen his attack, trying to break the law, and the Federal Court trying to stop them on the Canadian Wheat Board issue.

My question for the parliamentary secretary is simple. Why did the Government of Canada, having all this time, not do its homework and come in with a bill that would have given us at least something to amend and work with?

Canada Grain ActGovernment Orders

April 2nd, 2009 / noon
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Glengarry—Prescott—Russell Ontario

Conservative

Pierre Lemieux ConservativeParliamentary Secretary to the Minister of Agriculture

Mr. Speaker, it is an unfortunate turn of events here in the opposition moving that amendment. I will be discussing this in a little bit, but I would like to present the government position regarding Bill C-13.

I am very pleased to express my support for Bill C-13, An Act to amend the Canada Grain Act. This bill illustrates the government's unwavering commitment to put our farmers first, by eliminating costly regulations and the inevitable, pointless problems currently facing Canada's grain industry.

Over the past few years, the grain sector in western Canada has undergone considerable transformation. The grain market has evolved, and it centres more and more on niche markets, livestock feed and biofuels, as well as other value-added opportunities.

Despite the ever-changing nature of the industry, the Canada Grain Act has not been significantly modified in nearly 40 years. Strictly speaking, the activities of the Canadian Grain Commission, the body that maintains standards of quality for grain and regulates grain handling in Canada, do not reflect the needs of producers and the modern industry. Before explaining any further the proposed changes to the Canada Grain Act, I would like to provide a few basic facts.

In 2005, an amendment to the Canada Grain Act was passed, thereby requiring an independent review of that act and the Canadian Grain Commission.

COMPAS Inc. was hired by the Department of Agriculture to conduct the independent review. Its recommendations were presented to Parliament in 2006. The COMPAS report was referred to the Standing Committee on Agriculture and Agri-Food, which consulted stakeholders and recognized a need for changes to the Canada Grain Act and the Canadian Grain Commission.

The amendments are based on the recommendations made by the Standing Committee on Agriculture and Agri-Food in its report to the government in 2006.

Throughout these reviews, stakeholders were consulted extensively, including eight public meetings held across the country by COMPAS Inc. Hence, these proposed changes reflect the needs and the will of grain producers and the industry.

This government is proposing to clarify the mandate of the Canadian Grain Commission in the Canada Grain Act. The clarification will stress that the Canadian Grain Commission protects the interests of producers with respect to deliveries to licensees, determination of grade and dockage, and allocation of producer cars.

That said, there have been extensive changes within the Canadian grain industry over the years and the Canadian Grain Commission must reflect that evolution. The number of primary elevators in western Canada has dwindled. Grain companies have consolidated their operations and now much of our grain is shipped from primary elevators to port terminals owned by the same company. Currently, the Canadian Grain Commission must inspect and weigh all grain received by terminal and transfer elevators.

To keep up with the changing environment, the government strongly believes that producer interests are best served by limiting costs and fostering a competitive, efficient grain handling system. Consequently, the government proposes to eliminate mandatory inward inspection and weighing requirements. The bill would reduce unnecessary mandatory costs from the grain handling system and would work to build a lower cost, more effective and innovative grain sector. We are reducing the regulatory burden with this initiative. As all costs in the system eventually work their way to farmers, this would result in a less costly system for farmers, too.

Nevertheless, inward inspection and weighing do provide value to producers, in some circumstances. The government has proposed amendments to the Canada Grain Act that would facilitate private sector delivery of inward services when requested. Thus, the elimination of inward inspection and weighing would create business opportunities for private sector service providers. It is best left to the shippers themselves to determine when and at what level these services are provided.

As an important and ongoing check on this new arrangement, producers and industry would be able to apply to the Canadian Grain Commission for binding grade arbitration when they are not sure that the right grade has been assigned. The proposed changes would not reduce the capacity to ensure a dependable commodity to buyers of Canadian grain. What is more, international buyers of Canadian grain could rest assured that every vessel load would continue to receive the Canadian Grain Commission's certification of grade and weight.

On another topic, the Canadian Grain Commission producer payment security program has been the subject of debate in the grain sector. Currently, all licensed grain handlers must provide financial security to the Canadian Grain Commission. If a licensed grain handler fails to pay for the grain it has purchased, the Canadian Grain Commission steps in to compensate producers.

Unfortunately, this security program is flawed as it is not 100% effective and it adds costs to the Canadian grain handling system. These costs negatively affect the competitiveness of the Canadian grain sector.

As part of the move away from kernel visual distinguishability, or KVD, the Canadian Grain Commission must be equipped with tools it can use in a post-KVD environment. This is why this government proposes that the Canada Grain Act be brought under the Agriculture and Agri-Food Administrative Monetary Penalties Act. This proposed reform follows a Standing Committee on Agriculture and Agri-Food recommendation to use monetary penalties to help enforce a declaration system upon grain delivery. The Canadian Grain Commission must be equipped with penalties to protect the quality of Canadian grain.

With respect to the impact on jobs at the Canadian Grain Commission, the commission will be working with staff over the duration of the legislative process to assess the full impacts of the proposed changes. We understand this process may have a significant impact on the lives of the affected public servants, and we are committed to working with them in a clear and transparent manner.

In conclusion, the proposed amendments are merely part of the ongoing transformation of the grain sector in western Canada. Western Canadian grain is increasingly destined for value-added domestic enterprises, and government policy and legislation must adapt to that reality. In this ever-changing environment, the Canada Grain Act and the Canadian Grain Commission must be modernized.

Thanks to these amendments, the Canadian Grain Commission will be in a better position to provide producers with a more cost-effective grain quality assurance system. These amendments are crucial to eliminating unnecessary and costly regulations within the Canadian grain sector. The government is committed to looking out for the interests of our producers, first and foremost.

The integrity of Canada's grain quality assurance system and the reliability of the Canadian brand will be maintained.

Once again, I am honoured to express my support for the government's proposed changes to the Canada Grain Act.

I will now make a few comments about the hoist motion that was raised by the NDP member regarding this bill. I will clarify for Canadians that this is a very unfortunate turn of events. It is my fear that this is being done for partisan reasons. I will explain it as such.

As we know, here in the House we have a process for the passage of bills. We have first reading, where the House and the public are first advised of the government's proposed legislation. We then move into second reading, which is where we find ourselves now, where we enter into healthy debate among ourselves as MPs and among political parties to explain the legislation and the different points of view concerning it. The bill then moves to committee for further review. This is where very important work is done. Witnesses can come before the committee and explain all sides of the issue at hand. The committee normally undertakes the work of listening to witnesses who, for example, would be in favour of changes proposed in the legislation. The committee would also hear of changes that cause concerns. Producers, companies and green terminals would all have participation in this process. Of course, the bill can be modified by committee. The bill then comes back to the House for final debate and vote.

I pointed all that out because there is a process here. I was here for all of the opposition members' speeches and I listened to their concerns with the bill. I understand that they may not be pleased with all aspects of the bill. Personally, I think it is a rather good bill, but I and the government are open to the fact that there will be valuable input obtained, particularly during the committee process, from the opposition members and witnesses.

However, this hoist motion basically kills that process.The hoist motion, as read by my NDP colleague, sounds like he wants to delay the furtherance of this bill. I have Marleau and Montpetit in front of me and I would like to clarify for Canadians and those who are watching the debate exactly what the hoist motion means in reality. Marleau and Montpetit states:

The hoist amendment originated in British practice, where it appeared in the eighteenth century. It enabled the House of Commons to postpone the resumption of the consideration of a bill. It was subsequently agreed that the adoption of such an amendment by the House was tantamount to the rejection of the bill, since the postponement was deliberately set for a date after the end of the session. Normally, if the session went beyond that date, the bill was not placed again on the Order Paper.

Historical events were responsible for the establishment of three or six months as the postponement period. A hundred years ago, sessions rarely lasted longer than six months, and so a six months’ hoist amendment would be proposed at the beginning of a session, and a three months’ hoist in the final weeks of a session. Today, sessions of the House of Commons of Canada are longer, but the length of sessions is neither regular nor fixed in advance.

The adoption of a hoist amendment (whether for three months or six months) is tantamount to the postponement of the consideration of the bill for an indefinite period. Consequently, the bill disappears from the Order Paper and cannot be introduced again, even after the postponement time has elapsed. The bill is accordingly defeated indirectly. It is no longer possible to place the bill back on the Order Paper, because to do so would be ruled contrary to the decision of the House. Members have tried to apply the hoist amendment to a resolution or to include it in the text of a reasoned amendment, but these attempts were ruled out of order.

The key here is that this hoist motion actually kills the bill before it even has a chance to make it to committee. As I pointed out in my speech, this is not the first time that the House has seen this bill. In fact, my colleagues saw this bill in the last Parliament and yet there was no attempt to move forward with a hoist motion. This makes me reflect that this is a partisan motivated motion. We have the three opposition parties working together. They do not care what producers have to say. They do not care what the input is or what kind of feedback we would receive at committee. They only care about some sort of a partisan purpose that they have at hand here and they are working in collusion.

I have tried to work with my colleagues in the other parties in a very constructive manner. We will have an opportunity at committee to hear from all sides of the argument. The opposition critics of agriculture will have ample opportunity, both in committee and in the media, to express their opinions on this important legislation but they do not want any of it. They simply want to kill the bill. They want to work in collusion to the detriment of our grain producers and we need to wonder why.

It is my hope that during this debate on the hoist motion, the opposition members will level with Canadians and make their reasoning for the motion clear. There is no question that the legislation being proposed would be very positive improvements to the Canada Grain Act.

As I mentioned at the beginning of my speech, the last amendments to this act were done 40 years ago. I think we can all agree that farming, agriculture, the handling of grain has changed over the last 40 years. It is reasonable and, I would say, expected of the government to put forward amendments to improve the Canada Grain Act so that it better serves Canadians and our producers. I say this particularly in these challenging economic times. It is not advantageous to our producers to pay the additional costs that are inherent in processes that are redundant or not necessary. If the opposition wants producers to continue to pay costs that are not necessary, I invite them to argue that case. I think it will fall on deaf ears because what we are hearing is that producers, particularly grain producers, want less costs imposed. They want to be able to retain more of their hard-earned money. If we have an opportunity here to simplify the processes, to simplify the legislation by which they are bound, then we should take advantage of that.

I will talk a moment about inward inspections. For example, there was a time when terminals were owned by different companies and the Grain Commission was involved in the inspection between those two different grain terminals owned by two different companies. Now, however, in many instances the terminals are owned by the same company and yet the legislation requires a public inspection of the grain between two terminals owned by the same grain company. It just does not make sense to obligate that inspection, particularly by government inspectors, all at the cost of the producer.

It is quite reasonable, and is actually a very effective and cost-efficient move, to remove the obligation to say that if a company owns both terminals it is possible to have the grain inspected again between the two terminals if it is so desired, but by the private sector. If there happens to be discontent with the final decision on the grading of that grain there is an appeal process in place. One of my colleagues was talking about the appeal process and the changes. We are simply eliminating some of the multi-levels of appeal, but there is still an appeal process and there would be a binding decision made through that appeal process in order to resolve differences.

Once again I must say that I am shocked. I was in the House when the hoist motion was moved by the NDP. I know its members have been working closely behind closed doors. I knew nothing of this. Rather than allowing the bill to be discussed at committee and discussed with producers, they are scuttling everything and killing the bill. They are talking about imposing up to a six month delay. However, it is only fair that Canadians know what is really happening, which is that the bill is being killed right here on the floor during second reading. The opposition owes an explanation, particularly to our producers.

I sit on the agriculture committee where we have had producers in front of us. We are talking about competitiveness. There is some hypocrisy on the behalf of the opposition. Members say that they are concerned about competitiveness. Part of the competitive picture is lowering costs to producers. On the one hand, the opposition says that it is very concerned and want to work in the best interests of producers while on the other hand, it is killing a bill outright, with no chance for producers to have any say in this matter, for some partisan purpose, and that is very unfortunate.

As I mentioned, the opposition parties, particularly the opposition critics, must explain to Canadians why they are working in collusion against the government and against grain producers.

Canada Grain ActGovernment Orders

April 2nd, 2009 / 11:50 a.m.
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Liberal

Wayne Easter Liberal Malpeque, PE

Mr. Speaker, I listened to my hon. colleague and his fairly severe criticism of Bill C-13. He gave bit of history on the Canadian Grain Commission as well.

He spoke to one of the key areas, and I am not sure if I am quoting him quite correctly, because he did not elaborate a lot on this. He talked about the risk to Canada's international reputation. As we see it on our side, the way the government has proposed the bill, there is a real concern for producers. The government is clearly favouring the corporate sector over primarily producers by the way it is moving forward with the amendments to the bill.

We see problems with the loss of inward inspections in the quality of grains potentially moving into the domestic market and possibly into the United States. There is a real concern for producers over the loss of bonding. However, as to the risk to Canada's international reputation, could the member expand on that issue, because is a serious matter?

Canada is seen as the most reliable supplier of high quality grains around the world. Whereas the United States is seen as a residual supplier and does not match our quality in any shape or form. It seems the government may be moving to Americanize our system, which I think would be a sad thing. Does the member have any comments on that?

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 / 11:30 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.

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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.

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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?

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.

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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 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.

Business of the HouseOral Questions

March 26th, 2009 / 3:05 p.m.
See context

Prince George—Peace River B.C.

Conservative

Jay Hill ConservativeLeader of the Government in the House of Commons

Mr. Speaker, I thank my hon. colleague, the House leader for the official opposition, for his multitude of questions.

First of all, as he indicated, today we will continue debate on Bill C-14, the organized crime bill. I would point out that it is thanks to the Minister of Justice, whose leadership this morning overcame an opposition tactic aimed at delaying Bill C-14 that we do have an agreement to move that bill forward. As a result of the minister's intervention, Bill C-14 will in fact be sent to committee at the end of today, pursuant to a special order of the House.

Tonight the House will consider a take note debate on the international conference on Afghanistan hosted by The Hague.

As I mentioned earlier, we adopted a special order for Bill C-14. Unfortunately that special order did not cover the second justice bill that is slated for debate today. In fact it is conceivable we would have already been into that debate had it not been for the delaying tactics of the opposition earlier this morning.

This is the bill that the hon. member referred to, Bill C-15, the drug offences bill. It is another key piece of our government legislation that will help curb gang violence, yet we do not see it moving quickly through the House. That said, I am hopeful we can complete the bill today or have it completed at the latest tomorrow, provided the NDP does not invoke another delaying tactic as it did this morning.

Following the drug offences bill, we have scheduled for debate Bill C-7, marine liability; Bill S-3, energy efficiency; and Bill C-13, the Canada Grain Act. All of these bills are at second reading.

On Monday, pursuant to a special order adopted yesterday, we will complete the third reading stage of Bill C-2, the Canada-EFTA free trade agreement bill. After considerable delay in this chamber, it will be nice to move that bill over to our colleagues down the hall in the Senate.

We will continue next week with any uncompleted business from this week, with the addition of Bill C-5 regarding the Indian Oil and Gas Act, which is at report stage and third reading stage, and Bill C-18 regarding RCMP pensions, which is at second reading. We will add to the list any bills that are reported back from the various committees.

Tuesday, March 31 shall be an allotted day.

In reference to the upcoming justice bills that the member might be referring to when he referred to the remand legislation, he is going to have to stay tuned. We will be bringing that forward very soon. I am sure he will be very pleased with the result and will want to move very quickly once it hits the floor of the chamber.

As he knows, the government is very transparent when it comes to government expenditures, including the upcoming expenditures of the accelerated economic stimulus contained in the $3 billion under vote 35. All of that of course will be revealed to the Canadian public and to Parliament in good time as we make those investments on behalf of Canadians from coast to coast.

Business of the HouseOral Questions

March 12th, 2009 / 3:05 p.m.
See context

Prince George—Peace River B.C.

Conservative

Jay Hill ConservativeLeader of the Government in the House of Commons

Mr. Speaker, the hon. House leader for the official opposition has many questions for the Thursday question and I will try to get to all of them.

Today we will continue debate on Bill C-14 on organized crime, which he mentioned. Following Bill C-14, we will consider Bill C-15, drug offences, and Bill C-16, the environmental enforcement act in that order.

Tonight we will complete the debate on the first report of the Standing Committee on the Status of Women.

Tomorrow we will begin debate at third reading of Bill C-2, the Canada-European free trade agreement and continue with any unfinished business that carried over from today.

When the House returns from the constituency week, we will continue with the business from this week, with the addition of Bill C-9, transportation of dangerous goods, which was reported back from committee.

You can add to the list for the week we return, Mr. Speaker, Bill C-7, marine liability, Bill S-3, energy efficiency, and Bill C-13, Canada grains, which are all at second reading and any bills that have been reported back from committee by then.

As to one of the questions that the member specifically mentioned, the last day in this supply period shall be on Tuesday, March 24, when the House will vote on supplementary estimates C, interim supply and the interim supply bill. As he noted, it is a very important day as these are the resources necessary to provide the stimulus to which we have all been looking forward and which Canadians are greatly anticipating.

Hopefully, the Senate will have passed the budget bill, Bill C-10 by then. In fact, as my colleague mentioned, my understanding is the opposition has suddenly discovered the parts of the budget bill that pertain specifically to the extension of employment insurance benefits, which will come into effect immediately upon royal assent of Bill C-10, the budget implementation act. Therefore, rather belatedly, the Liberal senators have decided to work with the Conservative senators in the other place and get the bill passed expeditiously. I hope that takes place this afternoon. It would be therefore my hope as well that royal assent could take place as early as this evening and we would see that bill enacted as quickly as possible.

As to the reiteration of my colleague's support for Bill C-14 and Bill C-15, our two latest justice bills, I welcome his support and I appreciate that. We are open to moving these bills through all stages as quickly as possible. Failing that, we would look to put up a minimum number of speakers, as we have done on many pieces of legislation already in this session, to move legislation through as quickly as possible. The problem, as my hon. colleague well knows, is not with the official opposition on or of the Conservative Party, the Conservative government, but with the other two parties, which are unwilling to do so.

Business of the HouseOral Questions

March 5th, 2009 / 3:05 p.m.
See context

Prince George—Peace River B.C.

Conservative

Jay Hill ConservativeLeader of the Government in the House of Commons

Mr. Speaker, I thank my hon. colleague for those questions. It just seems like every Thursday, the Thursday question becomes the Thursday questions and becomes a longer and longer list.

Yesterday, the House adopted the budget implementation bill, which is now before the Senate. I would take this opportunity to urge all senators to deal with the bill quickly so that the funds that are provided by it will begin to flow and to help our country and Canadian families weather this economic storm as quickly as possible.

Today, we are continuing debate on the opposition motion.

Tomorrow, we will begin debate on report stage of Bill C-2, the Canada-European free trade agreement, followed by Bill C-13, the Canada grains, and Bill C-7, marine liability.

Monday, March 9 and Tuesday, March 10 shall be allotted days. As to the last day in this cycle, I am pleased to announce that it will be sometime during that week after our constituency week when members return to their ridings.

On Wednesday, we will continue with the Canada-European free trade bill. It will either be at report stage or third reading, depending on the progress that we make tomorrow.

When the debate on Bill C-2 is complete, we will call for second reading debate on Bill C-14, the organized crime bill, and Bill C-15, the drug offensive bill.

As my hon. colleague knows, the official opposition House leader, there have been discussions with all parties and, at this point in time, despite the acceptance and, indeed, the willingness of the government to move forward with these two crime bills as expeditiously as possible, unfortunately that is not the case with all parties and therefore we will not be able to proceed as quickly as possible.

However, on behalf of all Canadians who are worried about their safety and who want to move forward with this type of legislation, I do thank the hon. member and his party, the Liberal Party, for their support to try to move these bills very quickly through the process.

Following the justice bills, we will continue with the uncompleted business schedule for tomorrow, plus the new bill that was tabled this morning, Bill C-17, An Act to recognize Beechwood Cemetery as the national cemetery of Canada. I understand there may be interest in expediting this bill. I would hope, unlike the justice bills, that perhaps we can get agreement from all four parties to move very quickly with this bill at all stages and move it through.

As to private member's Bill C-285, I am always interested in discussing ways in which we can move quickly with legislation. This government certainly is interested in getting action on behalf of Canadians as fast as possible on all legislation that will positively impact on their lives. I am always open to those types of discussions.

Canada Grain ActGovernment Orders

March 3rd, 2009 / 1:30 p.m.
See context

Liberal

Wayne Easter Liberal Malpeque, PE

Mr. Speaker, as I indicated a moment ago, I am somewhat discouraged to speak at second reading of this bill. I say discouraged because Bill C-13, in the second session of the 40th Parliament, is exactly the same bill with exactly the same extensive flaws and shortcomings that were contained in the old Bill C-39 introduced in the 39th Parliament, originally on December 13, 2007.

I would refer government members, and especially the minister and his bureaucrats at Agriculture and Agri-Food Canada, to the Hansards of February 1, 2008 and February 15, 2008 where extensive concerns about this bill were outlined in this House at that time.

Where have the minister, the bureaucrats at Agriculture and Agri-Food Canada and those at the Canadian Grain Commission been for the last year? This bill could have come in this House substantially improved. We could have started at a higher level. However, this bill is coming in with the same old flaws that were in it previously. Very prominent in those concerns was the fact that the Standing Committee on Agriculture and Agri-Food's report on the Canadian Grain Commission was all but ignored.

The chair of the committee at that time, who signed off on that report, was the very minister who now puts forward this flawed bill. One would think the Minister of Agriculture would have more respect for his own signature than to sign a report making certain recommendations and then ignoring those recommendations when he has the authority as a minister to put forward the bill.

However, we all know that the Minister of Agriculture, when it comes to listening to farmers, is about as stone deaf as one can get. Even so, one would think that at least the department or the Canadian Grain Commission would have addressed some of those concerns.

We also know that the person who happens to be chief commissioner at the Canadian Grain Commission is a friend of the minister. In fact, I would wonder if that friend is more interested in protecting the minister's desires and programs than he is of protecting the very producers who he is supposed to represent.

In my question to the parliamentary secretary a moment ago, I outlined that there was absolutely no cost benefit analysis done in terms of this proposal on changes to the Canadian Grain Commission by the government. Now that is not unusual for the government. We know it did not do a cost benefit analysis when it exercised its attack on the Canadian Wheat Board.

Finally, the Parliament of Canada shut the Prime Minister and the minister down in terms of what they wanted to do in undermining the Wheat Board. Even the court system had to come in a couple of times and shut the Prime Minister down in terms of his undermining of the Canadian Wheat Board.

The government has a history of trying to undermine the very institutions that protect farmers in western Canadian, the Canadian Wheat Board and the Canadian Grain Commission. The Canadian Grain Commission does have protective measures for grain producers right across the country.

I would like to take the opportunity to put one thing that I probably should put on the record in terms of the way the minister has used his position to attack institutions that in fact protect farmers in this country.

I will quote an article from the Melfort Journal on February 24. The minister stood in this House and attacked the contingency fund losses of the Canadian Wheat Board, which was the wrong thing to do. In fact, that hurt grain producers commercially.

The quote from the Melfort Journal says:

Last year, the CWB registered $7.2 billion in returns for western producers, a year which saw nearly a 50% increase in wheat revenues and nearly a 100% increase in barley and durum revenues from the previous year.

Simply put, the board outperformed its international competitors, an outstanding performance that should be recognized even by the board's most strident critics...and you sure shouldn't expect any government minister to misuse their offices and authority by telling a small portion of the story to advance their political agenda. This is an issue that goes well beyond whether you support the board or not.

I make that point because it is extremely important for Canadians to understand that the minister and the government know no low when it comes to attacking the various institutions that are there to protect the farmer community, because they clearly favour ensuring that greater benefits, greater authority or greater power accrues to the industry side of the equation, mainly the grain companies and the railways.

I was in Alberta on the weekend, at a great event in Edmonton that our party was doing. I could not help but think, when I was talking to producers there and looking back over the years, that when I first went west as a farm leader in the late 1970s, western Canadian farmers had a branch line and railway infrastructure that went into nearly every community. The cooperative movement was strong at that time. Shapiro, from the United States, had come up and talked about a pool system, and farmers in the west set up a pool system. They had Manitoba Pool Elevators, the Alberta Wheat Pool, the Saskatchewan Wheat Pool, and organizations and cooperatives working for the farm community, so farmers had protection on that front as well.

All that is gone. Now we have grain corporations that are interested in their shareholders and the profits of their shareholders elsewhere in the world, and not in those primary producers in those rural communities.

The elevator system within that branch line infrastructure was fully paid for by primary producers. Yes, they were wooden elevators, but they were in every small town and they were fully paid for. There was no debt, and they were paid for by farmers. Now we have a system in which big grain and big railways are trying, almost on a daily basis, to close down branch lines and abolish service to those small communities. As a result, grain has to be trucked on the road, which taxpayers pay for at the provincial level. The steel that Canadian taxpayers paid for on those railways has been sold to the likes of Brazil and elsewhere, and at the end of the day farmers have poorer service and less service. Their branch lines have been torn up and they do not have the protection of the cooperative movement they once had.

The only protections farmers have any more in western Canada are, one, the Canadian Wheat Board, which the Prime Minister has tried everything to undermine and undercut, and two, the Canadian Grain Commission, which this bill is all about. Through this bill the government is trying to weaken many of the protections within the bill itself.

Looking at the bill itself tells much about the attitude of the government. In the 2008-09 report on plans and priorities, the Canadian Grain Commission outlines its mandate. The Canadian Grain Commission administers the provision to the Canada Grain Act. The Canadian Grain Commission's mandate, as set out in the act, is to:

...in the interests of the grain 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.

The reference to the interests of primary producers is what is done away with in this particular bill. In fact, the mandate changes to say that it is more in the interests of industry than it is in those of primary producers. Again, I think that goes to my original point and my earlier question to the parliamentary secretary, which was that the government has a record of failure when it comes to the farm community. It is even extending it into this bill by making the point that it is taking away primary producers as the main interest of the mandate.

The president of the National Farmers Union, Stewart Wells, made a few key points that I want to put on the record in terms of what this bill would do to the farm community. He says in his correspondence, “The amendments will remove the requirement that the CGC operate as a public interest watchdog that regulates the overall grain industry 'in the interests of producers'. If this bill passes, the grain industry would become virtually self-regulating, and the CGC's role will be reduced to being 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 minimal level, while the legislation leaves the door open for companies to be able to circumvent those limited protections”.

He goes on to say:

Canadian farmers have not advocated any weakening of the CGC regulatory role. At a time when grain companies like Viterra, ADM and Cargill are consolidating their hold over the market, it is obvious there needs to be a mechanism in place to provide farmers with protection.

I would make the point that the Government of Canada is undermining that protection in this instance.

Mr. Wells goes on to say:

The current system allows grain inspectors to catch contaminated, off-condition or incorrectly represented carloads while they are being emptied, weighed, and elevated, and before they are mixed with large quantities of other grain. Eliminating this provision will have a negative effect on farmers’ bottom line.

The amendments also call for eliminating the provision that grain dealers post a security bond before they can be licensed by the CGC. This provision was put in place to protect farmers who would be left holding the bag if the grain company goes bankrupt. The last point Mr. Wells makes is this:

Eliminating this requirement will not save farmers any money. It will, however, greatly increase their risk.

This is the end of Mr. Wells' comments, but they are all valid. They show a weakening of farmers' protection.

The amendments weakening farmers' relative position have been part of the minister's overall record of failure. In his December 13, 2007, introduction to the Canadian Grain Commission's performance report, the minister said that he introduced Bill C-39, an Act to amend the Canadian Grain Act to Parliament. He went on to talk about how his proposed reforms were consistent with the goals expressed in the so-called Growing Forward framework.

I am worried about Growing Forward. I mentioned earlier, in my questions to the parliamentary secretary, that if Growing Forward is the example the minister is using for the government's position, then farmers are in trouble in this country. We have seen 3,600 farmers go out of business each year. We have seen the debt load of farmers go up to $54 billion, four times what it is per farm in the United States. We have seen the government cancel the cost of production program, a commitment by the Prime Minister in the 2006 election. He broke his word, violated his word, and cancelled cost of production in the estimates this time. That is part of Growing Forward.

We know that in times of declining income, AgriInvest and AgriStability in fact pay out less money than the old CAIS program that the Prime Minister hated so much.

If Growing Forward is the way and this is another example of Growing Forward, I say to the farm community, “Wake up and smell the roses”, because it is a decline. It is an undermining and a deteriorating of farmers' protective measures in this country.

As I said, farmers should be worried. Let me point out some of the flaws in this particular bill. Clearly Bill C-13 does not reflect the unanimous recommendations of the Standing Committee on Agriculture and Agri-Food. For the minister to imply otherwise is misleading.

Why is there this contempt for the committee, and why is there this contempt by the minister for his own Conservative colleagues on that committee? His own signature was on it. Therefore, does he even undermine his own integrity?

The fifth recommendation in the committee report called for a cost-benefit analysis. No cost-benefit analysis has been done on the impact of Bill C-13 with respect to the contracting out of grain inspections called for in that report. In fact, the government response tabled to the original standing committee report said this:

The government considers that inspection and weighing services performed by CGC employees played a considerable role in enhancing the marketability and reputation of Canadian grain. With this in mind, we need to be cautious to ensure the benefits of any changes in the weighing and inspection services are greater than the costs this may impose on the system. The Government agrees that a cost-benefit analysis should be conducted to assess the advantages and costs that would be associated with contracting out these services.

In its response to the committee, the government admitted itself that a cost-benefit analysis should be done, yet no such cost-benefit analysis is provided. Why?

A good friend of the minister is now the chief commissioner of the CGC. He made a couple of points on this issue, and they worry me as well. He said that even without the legislation, the chief commissioner and the Canadian Grain Commission were moving ahead with changes. They have decided to end inspection services at prairie primary elevators this summer, close three prairie service centres and reduce staff.

The chief commissioner said, “The transition away from on-site inspection services means that the CGC will no longer provide official grading and weighing on grain shipments from the Prairies' terminal facilities, nor for export shipments to the United States or domestic mills”.

That is worrisome, because the chief commissioner, prior to the legislation coming in, is already making changes that will undermine our ability to ship the high-quality grain we have become noted for as a country.

I would close by saying this: we believe improvements can be made to the Canadian Grain Commission; however, major amendments will be required of the bill before us. We look forward to that discussion, and I plead with the government to listen to producers this time.

Canada Grain ActGovernment Orders

March 3rd, 2009 / 1:30 p.m.
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Conservative

Rick Casson Conservative Lethbridge, AB

Mr. Speaker, maybe the member and I could get into a little one on one debate if nobody else gets up on questions and comments.

The effect of the arbitration aspect is something that interests me in a personal way that I cannot get into here. However, when a producer finds himself in conflict with the grade of the grain that he has put up for sale, in the past there was a method for a producer to have an arbitrary decision made.

What changes in Bill C-13 would address or enhance that. Do these changes have anything to do with the bigger grain terminals on the prairies, and were they delivered to a local elevator or one of these terminals? I am just not clear on that and maybe the member could help me with that.

Canada Grain ActGovernment Orders

March 3rd, 2009 / 1:25 p.m.
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Conservative

Rick Casson Conservative Lethbridge, AB

Mr. Speaker, I have a couple of issues that I would like my colleague to respond to.

Since the ending of the Crow rate on the prairies, it has changed some of the secondary processing that is going on, on the prairies. The livestock feeding industry is huge in my area and that has come about because of that change. Maybe he could comment on the aspects of the changes we are proposing in Bill C-13 that would help to address the developments that have taken place since the Crow rate ended.

I am also interested in his comments on the security issue. I know I have dealt with an issue in my area where some producers were harmed by the failure of a grain company. He talks about alternative methods. I am not sure if there were alternative methods of ensuring the farmers against loss. I was not at the ag committee when these discussions took place, so maybe he could expand for me and for the House on some of the proposals that were brought forward to replace that security aspect of the Canadian Grain Commission.

Canada Grain ActGovernment Orders

March 3rd, 2009 / 1:20 p.m.
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Liberal

Wayne Easter Liberal Malpeque, PE

Mr. Speaker, I actually wondered if the parliamentary secretary would get to Bill C-13 when he started, but I can understand why he would avoid it. The bill completely ignores the work and the recommendations of the Standing Committee on Agriculture and Agri-Food. The parliamentary secretary and the current minister were part of that committee.

I have a couple of questions for the parliamentary secretary on what he said at the beginning. He went to some length to state that the government was putting farmers first when the direct opposite is true. I believe the government's performance in agriculture is a record of failure. Would the parliamentary secretary agree with me on these points which prove it is a record of failure?

He talked about stable, bankable programs. We now know that AgriStability and AgriInvest, the two new bankable programs from Growing Forward, in times of declining prices, when there is a decline of 15% in terms of income, they actually return $7,500 less than the old CAIS program, which the government opposite railed against.

In terms of AgriFlex and the promised $500 million during the campaign over four years, that is really $190 million of new money over five years. Another broken commitment. It cancelled the cost of production program, the $100 million annually that went to producers. Would he not call that a failure?

Finally, on AgriRecovery, it just does not do the job in terms--

Canada Grain ActGovernment Orders

March 3rd, 2009 / 1:05 p.m.
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Cypress Hills—Grasslands Saskatchewan

Conservative

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

Mr. Speaker, it is my privilege to be here today to speak to the proposed amendments to the Canada Grain Act. The government puts a high priority on this legislation because farmers have asked for it and we agree that it is high time that this act was brought into the 21st century.

Commitment to producers is shown in our improvement to the Canadian Grain Commission's mandate. In the past, because it includes the phrase “in the interests of grain producers”, it has from time to time resulted in differing interpretations of what that means. Based on the recommendations from both the COMPAS group and the Standing Committee on Agriculture and Agri-Food, the Canadian Grain Commission's mandate will be split into two parts.

Part one will set out the CGC's core mandate to establish and maintain standards of quality for Canadian grain and to regulate grain handling. Part one is undertaken in the interest of all Canadians, but in the interests of producers we felt that we needed to make sure they were specifically recognized. Therefore, part two will establish that the Canadian Grain Commission shall specifically protect producers' interests with respect to a few things.

The first is with respect to deliveries to elevators and grain dealers, the second is with respect to access to binding CGC determination of grades and dockage, and the third is the allocation of producer cars. We have made changes and improvements to the mandate in order to address the concerns we have heard from the industry across Canada.

The Canadian grain sector stands out as a success story among the considerable accomplishments of Canadian agriculture over the last 100 years. Due to the tremendous work of our producers, Canadian wheat, barley and other grains are known by our customers all over the world for their unequalled consistency, cleanliness and quality.

On a yearly basis, farmers earn about $10 billion from grain production in this country. That money helps to keep the economy of Canada running, both urban and rural. It sustains employment through the grain production chain, from farm input suppliers to elevators, to people who transport the grain and to processors. These dollars support our rural communities, which contribute so much to Canada's economy.

To put it in more concrete terms, it is Canadian grain growers who sustain our health and well-being. They are the people who put bread every day on our tables.

This government has taken concrete action in support of the vital agricultural sector in our economy. The minister has always talked about putting farmers first, and he has done that.

Almost three years ago, one of our first acts as a new government was in the interest of grain producers. We accelerated the grains and oilseeds payment program. It was my privilege and pleasure at that time to work with the opposition parties in the House to get that bill through. We worked on it with all the other parties and were able to get quick passage of that bill and those changes.

We are investing more than $2 billion in the development of biofuels to open up new markets for our grain and oilseed producers, to create new jobs for our rural communities and to create a better environment for Canadians. We have given producers a chance to participate in those programs. These dollars have helped with the planning of new biofuel projects across Canada and will help build biofuel and biodiesel plants.

We have improved cash advance programming by doubling the interest-free portion for producers. We are helping the transfer of family farms to young farmers by boosting the capital gains exemption. At the WTO agriculture negotiations, we remain committed to pursuing an outcome that benefits Canada's entire agriculture sector.

Many of us are working to open up our grain marketing structures in order to provide choice for producers. New marketing opportunities will help Canada get through the current economic uncertainty and come out stronger than ever.

As well, we need to move forward on stable, bankable programs. These programs will also help farmers weather the storm and continue to drive the Canadian economy. That is what the goal of the Growing Forward framework is all about: making Canadian agriculture more stable in the present, and then building a strong agricultural sector for the future.

We are working with the provinces and territories to finalize the suite of non-business risk management programs that will be offered in each province. Our goal is to implement those programs before April 1, and we are making good progress on that front.

In terms of business risk management programs, we find them to be a key part of Growing Forward. In the budget delivered in January, we took steps to ensure that Canada and its agricultural industry emerge stronger than ever from the current economic crisis.

I would like to talk about a couple of the things that were in that budget. We announced a $500-million agricultural flexibility plan aimed at helping farmers with regional market challenges and opportunities. These funds will help farmers cope with the cost-of-production pressures, promote innovation, and ensure environmental sustainability.

We also set $50 million aside to strengthen our slaughter and meat processing capacity. That is to aid slaughter plants other than the big ones that we see in the country.

We set $1 billion aside for a community adjustment fund aimed at helping rural communities adopt and adapt to economic challenges.

I would like to talk a little about Bill C-13, the bill that is before us today, and about our commitment to grain producers. The amendments that the government is proposing to the Canada Grain Act and the Canadian Grain Commission are evidence of our commitment to grain producers. I already mentioned the mandate that specifically speaks to the interests of grain producers. Canada's quality assurance system for grain provides a key competitive advantage for our farmers. The amendments that we are proposing will build on that advantage.

When our global customers choose Canadian grain for processing, they count on consistent quality and cleanliness with every delivery. The world-class reputation that our Canadian grains enjoy around the globe has been earned.

First and foremost it has been earned through the hard work of our farmers. Grain handling companies, research scientists, and the Canadian Grain Commission have certainly played a role in building that golden reputation. Our edge in the marketplace is all about quality. Much of the responsibility for quality resides with the Canadian Grain Commission and the quality assurance system that it administers under the Canada Grain Act. That is why this act and the changes that we are making to it are so important.

The grain industry is changing, and the legislative tools required to keep the industry competitive need to change along with it. The Canada Grain Act has not been amended substantially in almost 40 years, so it is time now for us to take a look at that act and make the changes that are relevant to farmers across the country.

The marketplace has evolved. We all understand that. We have a major new customer for grains in the form of the biofuels industry, which has been supported by initiatives put in place by this government.

We have quality management systems that allow amounts of grain with specific qualities wanted by buyers to be kept separate throughout the handling system. That is a huge change from the system that we have had in the past, which has been just a huge bulk handling system. We have new initiatives in place for farmers who want to be able to deliver smaller amounts of grain with specific qualities to their customers.

We have niche marketing. We have processing that is going on in grains across Canada. We also have a broader range of crops in Canada that we need to consider.

In the mid-1990s the reform of the Western Grain Transportation Act triggered a wholesale diversification in western Canada as producers opted to market their grain through livestock or switch to other crops such as oilseed, pulse crops or horticultural crops. In my area, it meant a substantive change; we had probably 80% or 90% grain growing, and now I think we are probably below 50%. Across the prairies, about one-third of the crop land is now growing wheat, and two-thirds are other crops, which we were not growing 20 years ago.

Still we need an act that is relevant to the present and to the future, so I would like to speak to the specific amendments that we are proposing for the Canada Grain Act. These amendments are to help keep our producers competitive by improving the regulatory environment for Canada's grain sector.

The proposed changes to the Canada Grain Act and the Canadian Grain Commission will help the grain sector meet the challenges of a more competitive and market-oriented sector for the 21st century. By removing unnecessary mandatory costs from the grain handling system, the bill works to build a lower cost, more effective and innovative grain sector for our producers.

We are modernizing the regulatory environment. As all costs in the system eventually work their way to farmers, this will result in a less costly system for farmers.

The amendments that we made just did not come out of thin air. They reflect the direction of both the COMPAS report and the good work that was done by the Standing Committee on Agriculture and Agri-Food. Both reports reflect extensive consultations that were held with the sector in preparing them. The fact is that this package is built on many of those recommendations, and particularly on the standing committee recommendations. In short, these amendments speak to the will and to the needs of the Canadian grain industry.

I would like to speak specifically about three or four of the changes that we are suggesting.

First, we are suggesting that inward inspection and weighing of grains no longer be mandatory in western Canada. There is no reason to require something that is not necessary, particularly when the cost comes out of the bottom line of farmers and the grain industry.

Currently when farmers deliver gain to the elevator it is graded, the grade is agreed to by the farmers, and then they unload their grain. This will not change. However, currently the Grain Commission is also required to inspect and weight each railcar or truck lot of western grain that is handled by licensed terminal elevators.

The industry has been calling for change in this area for some years now, because mandatory inspections impose costs and are not essential to ensure grain quality. Bill C-13 moves to make inward inspection and weighing no longer mandatory. Instead, shippers of grain will be able to request an inspection at their discretion when they feel that the benefit justifies the cost. Elevators will also be required to allow access to private inspectors when an inspection is requested, and that is a crucial availability that farmers need to maintain.

The Canadian Grain Commission would also be authorized to provide grade arbitration if the parties to a transaction request it. This means that if there is a dispute about a grade, the Canadian Grain Commission would be able to impartially determine the grade.

I want to be clear. This does not mean that grain would go through the system without inspection. Outward inspection would still be required when grain is loaded onto vessels for export, and export vessel shipments would continue to require certification by the CGC, based on inspection and weighing by CGC personnel.

With the bill in place, our customers will be assured that they can continue to have confidence in Canada's grain quality assurance system.

To summarize, the Canadian Grain Commission would continue to regulate the grain handling system for the benefit of producers. It would continue to license grain handlers and dealers. It would continue to require them to have proper grading and weighing equipment and to properly document their purchases. It would also require them to continue to ensure that producers have access to grade arbitration by the Canadian Grain Commission.

The bill would actually enhance farmers' protection by extending Canadian Grain Commission grade and dockage arbitration to farmers delivering to process elevators and grain dealers. Currently, if a producer disagrees with the grade or dockage received for a grain delivery at a licensed elevator, he can ask the CGC to determine the grade and dockage and make a binding decision, but he does not have that same opportunity with regard to other facilities or to grain dealers. The bill proposes to extend this service to deliveries to all licensed grain handlers, including process elevators and grain dealers. Farmers have never had this protection before.

Second, the bill proposes that the Grain Commission would get out of the business of collecting and holding security deposits from licensed elevators and grain dealers under the producer payment security program. The present program has a cost: it ties up working capital that then has no return. The ultimate bill lands in the farmer's mailbox.

The present system has holes in it. We all know that there are some notable failures in which producers found out the security systems do not guarantee that they would be paid. These amendments mean that the field would be open for farmers and farm organizations to develop alternative approaches to producer payment security. In fact, the government has been assisting farm organizations in their efforts to find the appropriate alternative mechanisms for themselves.

Through the private sector risk management partnership program, the government is helping the Canadian Federation of Agriculture to study alternatives. We understand and we know that there are concerns across the country with regard to these proposals, and we are certainly more than willing to work with the opposition at committee to make the changes that may be necessary in this area.

In addition—

Canada Grain ActGovernment Orders

March 3rd, 2009 / 1:05 p.m.
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Conservative

Diane Finley Conservative Haldimand—Norfolk, ON

Business of the HouseRoutine Proceedings

February 26th, 2009 / 3:25 p.m.
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Prince George—Peace River B.C.

Conservative

Jay Hill ConservativeLeader of the Government in the House of Commons

Mr. Speaker, perhaps I will address the usual Thursday question first.

I look forward to the business of the House of Commons and the business of the government for this next week. Despite the unprecedented tactics of the Bloc Québécois earlier this morning, we will continue the debate on the Liberal opposition motion for the remainder of today.

Yesterday the Standing Committee on Finance reported the budget implementation bill back to the House. This means tomorrow will be the earliest opportunity, according to our rules, to begin debate at report stage of the budget implementation bill. It is our hope to complete report stage tomorrow and then move quickly on to third reading.

The budget implementation bill will remain the government's top priority for next week. Following the completion of that bill, we will schedule debate for Bill C-13, the Canada grains, and Bill C-7, marine liability. Both of these bills are at second reading.

In reference to opposition days, or supply days as they are known, I will be designating Thursday, March 5 next week as an allotted day. However, I serve notice that if the budget bill is not adopted by then, I may have to return to the House to change that designation.

As to my hon. colleague's request about the last supply day in this cycle, that is still open for discussion. He will know that we have had quite a lot of discussion among all House leaders at our weekly meeting and in meetings subsequent to that to look at the schedule moving forward to ensure there is ongoing consultation, communication and co-operation among all parties as we try to get the budget bill passed as quickly as possible and get this much needed stimulus to Canadians and Canadian families that need it.

As to the extraordinary power that he looks to in the main estimates that were introduced today, referred to as special vote 35, I assure the hon. member, all members of the House of Commons and, indeed, all Canadians that accountability is paramount to this government, and we will be assuring accountability. As always, we are open to discussions with the opposition parties as to any way in which we can ensure greater accountability, not only for those moneys that will be spent under special vote 35 but for all taxpayer dollars.

Canada Grain ActRoutine Proceedings

February 23rd, 2009 / 3:05 p.m.
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Conservative

Jay Hill Conservative Prince George—Peace River, BC

moved for leave to introduce 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.

(Motions deemed adopted, bill read the first time and printed)