Seeds Regulations Act

An Act respecting the Seeds Regulations (analysis of potential harm)

This bill is from the 40th Parliament, 3rd session, which ended in March 2011.

Sponsor

Alex Atamanenko  NDP

Introduced as a private member’s bill. (These don’t often become law.)

Status

Defeated, as of Feb. 9, 2011
(This bill did not become law.)

Summary

This is from the published bill.

This enactment requires the Governor in Council to amend the Seeds Regulations to require that an analysis of potential harm to export markets be conducted before the sale of any new genetically engineered seed is permitted.

Similar bills

C-474 (40th Parliament, 2nd session) Seeds Regulations Act

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.

Bill numbers are reused for different bills each new session. Perhaps you were looking for one of these other C-474s:

C-474 (2013) Transparency of Payments Made by Mining, Oil and Gas Corporations to Foreign Governments Act
C-474 (2013) Transparency of Payments Made by Mining, Oil and Gas Corporations to Foreign Governments Act
C-474 (2007) Law Federal Sustainable Development Act
C-474 (2004) An Act to amend the Bankruptcy and Insolvency Act (unpaid wages to rank first in priority in distribution)
C-474 (2002) An Act to amend the Pension Benefits Standards Act, 1985

Votes

Feb. 9, 2011 Failed That Bill C-474, An Act respecting the Seeds Regulations (analysis of potential harm), be concurred in at report stage.
Feb. 9, 2011 Failed That Bill C-474 be amended by adding after line 11 on page 1 the following new clause: “3. For the purposes of section 2, “potential harm to export markets” exists if the sale of new genetically engineered seed in Canada would likely result in an economic loss to farmers and exporters as a result of the refusal, by one or more countries that import Canadian agricultural products, to allow the admission of any registered Canadian seed, or crops or products derived from that seed.”
Feb. 9, 2011 Failed That Bill C-474 be amended by adding after line 11 on page 1 the following new clause: “3. In this Act, “new”, in respect of a genetically engineered seed, means a genetically engineered seed that was not registered in Canada before the day on which this Act comes into force.”
Feb. 9, 2011 Failed That Bill C-474 be amended by adding after line 11 on page 1 the following new clause: “3. In this Act, “genetically engineered seed” means a seed that has been altered using recombinant DNA (rDNA) technology.”
Feb. 9, 2011 Failed That Bill C-474 be amended by adding after line 11 on page 1 the following new clause: “3. The analysis referred to in section 2 shall take into account whether or not the variety of genetically engineered seed in question has been approved for use in the countries that import Canadian agricultural products.”
Feb. 9, 2011 Failed That Bill C-474 be amended by adding after line 11 on page 1 the following new clause: “3. The analysis referred to in section 2 shall take into account the economic impact on Canadian farmers and exporters whose established markets for registered seed or for the crops and products derived from that seed would be harmed as a result of the introduction of the new variety of genetically engineered seed.”
Feb. 9, 2011 Failed That Bill C-474 be amended by adding after line 11 on page 1 the following new clause: “3. The analysis referred to in section 2 shall take into account the regulatory systems that govern genetically engineered seed and the crops and products that are derived from that seed in the countries that import Canadian agricultural products.”
Feb. 9, 2011 Failed That Bill C-474 be amended by adding after line 11 on page 1 the following new clause: “3. The results of the analysis referred to in section 2 shall be included as part of every application that is made for the registration of a variety of seed and any notification of the release of the seed in question into the environment.”
Feb. 9, 2011 Failed That Bill C-474, in Clause 2, be amended by replacing line 11 on page 1 with the following: “gineered seed is permitted in Canada.”
Feb. 9, 2011 Failed That Bill C-474, in Clause 2, be amended by replacing line 10 on page 1 with the following: “by the Government of Canada, published in the Canada Gazette and taken into consideration by the Government of Canada before the sale of any new genetically en-”
Feb. 9, 2011 Failed That Bill C-474, in Clause 2, be amended by replacing line 6 on page 1 with the following: “2. The Governor in Council shall, within 90”
April 14, 2010 Passed That the Bill be now read a second time and referred to the Standing Committee on Agriculture and Agri-Food.

Seeds Regulation ActPrivate Members' Business

February 8th, 2011 / 8:50 p.m.

NDP

Olivia Chow NDP Trinity—Spadina, ON

Madam Speaker, I am proud to speak in support of Bill C-474 and I am proud of our party, the New Democratic Party of Canada, and my colleagues who sponsored the bill.

This is the first time in our 15-year history with GE crops that we have had such a long and thorough debate and discussion in this House of Commons. It is about time that we had such a discussion.

Saskatchewan organic grain farmer, Arnold Taylor said:

This is a great chance for farmers to be heard. Organic, non-GE and conventional farmers will all now have a fair opportunity to voice their urgent concerns.

The matter is urgent because we know there are potential health risks from GE crops, including the development of antibiotic resistance, allergic reactions, nutritional changes and the creation of toxins. GE crops also threaten plant diversity which is essential for food security.

It is a very timely discussion because the introduction of Monsanto's GE herbicide-tolerant, Roundup Ready, alfalfa would have serious negative impacts on many different types of farmers and farming systems, both conventional and organic.

Bill C-474 is meant to give the government a mandate to provide a mechanism currently missing in the regulations that can protect farmers from economic hardship caused by the commercialization or contamination of their crops by the GE seeds in the face of widespread market rejection, the European market rejection, for example.

Without Bill C-474, there is no mechanism to even ask the question about what the economic costs of introducing GE alfalfa would be.

Because alfalfa is a perennial crop pollinated by bees, GE contamination is inevitable. Alfalfa is used as pasture and high-protein feed for animals like dairy cows, beef cattle, lambs and pigs, and is also used to build up nutrients in the soil, making it particularly important for organic farming.

If introduced, GE alfalfa would ruin export markets for alfalfa products and threaten the future of organic food and farming in North America.

Genetic engineering allows scientists to create plants, animals and micro-organisms by manipulating genes in a way that does not occur naturally. These genetically modified organisms can spread through nature and interbreed with natural organisms, thereby contaminating non-GE environments and future generations in an unforeseeable and uncontrollable way. Their release is genetic pollution and is a major threat because GMOs cannot be recalled once released into the environment.

We must stop being in denial of reality. This bill is extremely important and I hope that when it comes to a vote tomorrow that there will be a sufficient number of members of Parliament supporting it.

We know that the New Democratic Party supports it because we presented the bill. We know that the Conservative Party is solidly against this bill. The Conservatives are pro-GE and are actively opposing this bill. The Liberals tend to not want to support it because they are bowing down to the great lobbying of the biotech industry. It would be a shame if this bill is not passed.

Some people may ask what the problem is and what genetically modified organisms and GM foods are. They can be defined as organisms in which the genetic material, the DNA, has been altered in a way that does not occur naturally. The technology is often called modern biotechnology or gene technology and is sometimes called recombinant DNA technology or genetic engineering. It allows selected individual genes to be transferred from one organism into another, also between non-related species. Such methods are used to create GM plants, which are then used to grow GM crops.

What are the main issues of concern for human health? One of them is about gene transfer. Gene transfer from GM goods to cells of the body or to bacteria in the gastrointestinal tract would cause concern if the transferred genetic material adversely affects human health. This would be particularly relevant if antibiotic resistant genes used in creating GMOs were to be transferred. The use of technology without antibiotic resistant genes has been encouraged, and that is very important.

The other issue of concern is outcrossing. The movement of genes from GM plants into conventional crops or related species in the wild, as well as the mixing of crops derived from conventional seeds with those grown using GM crops, may have an indirect effect on food safety and food security. This risk is real, as was shown when traces of a maize type, which was only approved for feed use, appeared in maize products for human consumption in the U.S.

There are great concerns for the environment, such as the potentially negative effect on beneficial insects or a faster induction of resistant insects; the potential generation of new plant pathogens; the potential detrimental consequences for plant biodiversity and wildlife; a decreased use of the important practice of crop rotation in certain local situations; and the movement of herbicide resistant genes to other plants.

There is a lot more we need to do. It is not just about this bill. In fact, Canada is one of the world's largest producers of GE crops but the system for regulating food biotechnology is extremely weak. We need to do more. We need to support comprehensive testing. GE crops must undergo rigorous testing to determine their impact on human health and the environment. We need to have some interims measure. We want the GE crops and seeds segregated from conventional and organic seeds. We want better labelling of GE foods so consumers can make informed decisions. Canada and the United States are the only industrialized countries that do not have mandatory labelling regulations in place. Because of commercial interests, the public is being denied the right to know about GE ingredients in the food change and, therefore, losing the right to avoid them.

Biodiversity must be protected and respected as the global heritage of humankind and one of our world's fundamental keys to survival.

There are many concerns about the GMOs because there are many other kinds of research that need to be done. Biodiversity is an element, a philosophy that is critical for the survival of this planet, and the increasing use of chemicals in farming is also a very worrisome trend.

I am proud that the New Democratic Party of Canada is taking leadership to stop these harmful genetically modified crops. Having this bill pass would be a great step toward questioning the economic cost of GE foods and crops. I certainly hope other members of Parliament will find it in themselves to study the issue and listen to the voices of their constituents because, certainly in my area, there have been hundreds of letters written in support of Bill C-474. I hope it will pass in this House of Commons tomorrow.

Seeds Regulation ActPrivate Members' Business

February 8th, 2011 / 9 p.m.

NDP

Dennis Bevington NDP Western Arctic, NT

Madam Speaker, I want to express my thanks to all my colleagues who spoke before me to the bill, because this is the only opportunity we have had for a meaningful discussion on such an important topic in the House of Commons and I am very pleased to be part of it.

I sit next to the member for British Columbia Southern Interior. His passion for the issues that surround agriculture infects me as well. It is like a GMO. It just comes over me from him because he has done his homework. In his years as agriculture critic, he has talked to Canadians over and over again on issues ranging from food security, human health issues surrounding food, to protection for farmers. His focus as a member of the agriculture committee and his time in Parliament have been most valuable to the House.

Everyone in the House has to recognize that, whether they vote for or against the bill. We have to recognize the nature of the work that my colleague has done on this to bring it to the attention of the House and many of his colleagues in our caucus who, understanding the issue a year or two ago, may not have been aware of where it is today. His work to persuade members who have bought the corporate line on GMO products is valuable. It may take a little longer, but I am sure it will eventually get through to people.

What is up with the other parties? Why have manipulations taken place over the bill brought forward by my colleague? Why do we have the situation we have today where the bill did not have the full use of the Standing Committee on Agriculture and Agri-Food in terms of witnesses, in terms of getting evidence before it? Why did we end up in the situation where only through the use of an obscure bit of parliamentary procedure were we allowed to have the debate we are having tonight.

It is clear that the Liberal Party is conflicted on this. We have good support from the Bloc on this issue and everyone in the NDP is thankful for the support that party has given us, but the Liberal Party has equivocated on this throughout. We appreciate the support the Liberals gave at second reading. I quote the Liberal agriculture critic on December 1:

There is a serious concern that I think Parliament or Agriculture Canada or someone, certainly, has to address; that is, as the member for British Columbia Southern Interior indicated earlier, that there is potential risk in the alfalfa industry by the introduction of GMO, genetically engineered seeds. It would be the same in terms of the wheat industry, over a slightly longer term.

He understands it. Why will we end up in a situation tomorrow where this vote is so uncertain? Why is that happening? Agriculture is so important to this country. It is so important to all of us.

The other person in my life who has given me a great deal of guidance on this is my son-in-law. He is a man who has lived all his life in the Northwest Territories but who has seen the importance of this issue and at every opportunity has brought it to my attention. I want to thank him for that. It has been valuable to me and I understand why he is doing it. He is doing it for his children. He is concerned about their health and welfare going forward, as I am as a grandparent.

We have seen GMO products in our environment for the last 15 years. We do not know the impacts they will have on the health of Canadians going forward. We do not understand it. That is not something that is there yet.

In fact, there is a body of knowledge that says there are issues and that whenever scientists work on these issues they find themselves under attack from large corporations. This was certainly the case when a group of scientists, led by Monsieur Séralini in France, found through analysis there were definite unintended direct or indirect metabolic consequences of genetic modification. It could not be excluded from what was going on with the introduction of these products. There is a body of scientific knowledge, even though GMO has not been around that long, which says there is a problem here.

In my personal experience over the last year, there have been a couple of events that I thought were significant. In January of this year we had the opportunity to hold bilateral talks with Japanese MPs. In those talks one of the subjects was agriculture. I had the opportunity to ask the Japanese MPs their position on GMO and it was quite clear that they did not want any part of it. They are people who are conscious of their country's position and it was quite clear that this position is not going to change very easily. They are not going to move quickly to introduce GMO into their country. They do not want it. The Japanese are a highly developed, sophisticated, technological society with great and pressing food needs. Their rejection of these products says that their understanding of the issue is such that they can recognize where this is going.

The second interaction I had was with a Canadian Wheat Board lawyer at a parliamentary function. She informed me that her job was to go around the world and try to establish protocols with a variety of countries that were not allowing Canadian products to enter because of the potential contamination from GMO. She had to work with the countries to design specific protocols that would ensure there would be no contamination in the system. This was a very large and difficult task.

Right at the beginning of this industry, with only a certain number of these products in our agriculture, we are experiencing these kinds of problems. Why would we not want to look at this and address it very seriously?

When we enter Canada and go through Canada customs, the agents want to know if we have been on a farm. They want to know if we have seeds. They want to know everything about our relationship to the country we have just come from and what it means to Canada. Other countries are doing the same thing, only they are doing it about GMO. We need to understand that. We need to express that in our agricultural development.

I spent years involved in environmental assessment. To say that we are not taking the concerns of the public forward on these new products that actually influence huge sections of our land and our agricultural production is simply wrong. There is tremendous support for the bill across the country. Tomorrow, we need a positive vote on Bill C-474. I ask people listening tonight to call their MP and plead with him or her to support the bill. The bill is not going to hurt Canada; it is going to help Canada be a better country.

Seeds Regulation ActPrivate Members' Business

February 8th, 2011 / 9:10 p.m.

NDP

Jack Harris NDP St. John's East, NL

Madam Speaker, I am very pleased and proud to have an opportunity to speak tonight on Bill C-474 introduced by my colleague, the member for British Columbia Southern Interior, who has taken a great interest in and is extremely knowledgeable on all issues associated with agriculture.

The bill is one that has attracted interest not just in the farming community but also throughout the country. In my riding of St. John's East, which is on one end of the country, I have received many letters of support for Bill C-474 because people understand the implications of the use of genetically modified organisms and how it affects other aspects of agriculture, Canadian interests and trade.

The member for Western Arctic talked about his interests, concerns and knowledge base derived not only from people he has met along the way but also from his own son-in-law who is knowledgeable about the issue and has the same concerns.

I know, Madam Speaker, in your part of the country, all of British Columbia and Victoria itself, there is a great deal of interest in this issue. I know many people have contacted you about the need for this legislation and their concerns about genetically modified organisms and what they do to people. Many of the people who are affected by this are, in fact, farmers.

I will provide one example. I will quote from the Similkameen Okanagan Organic Growers Association, which states its concern about the approval of organic organisms. It stated:

--it would be a disaster for us. I'd be out of business, because the first guy who buys that apple and propagates it--its flowers will pollinate with other fruit tree flowers that are non-GMO'd and everything will become genetically modified. And that will be the end of organics.

That is from an apple grower with the Similkameen Okanagan Organic Growers Association expressing the fear that has been described across this country of these GMO products essentially contaminating other crops. It is not just the crops of organic farmers, although they obviously have a very particular concern because their certification, market and the value of their products is totally dependent upon having a piece of paper that certifies, through a process that is rigorously applied, that their produce is totally free from contamination from non-organic sources and, of course, GMO products are considered very much a part of that. That is one organization that is very concerned, and for very good reasons.

There is another organization that represents a significant number of farmers in western Canada, a significant part of our agriculture industry and GDP. That is the Canadian Wheat Board. When Mr. Bill Toews, a director of the Canadian Wheat Board, testified before the House of Commons Standing Committee on Agriculture and Agri-Food in October of the past year, he had a remarkable warning for the standing committee about its concerns as to what would happen to GMO products let loose in the marketplace without proper analysis and study of their acceptability that would interfere with not only the market for the particular products being introduced but other Canadian products of great importance to our economy and farmers. He stated:

There remains strong and widespread opposition to genetically modified wheat or barley in about half of our markets. This includes, but isn't limited to, the governments of, and customers in, the European Union, Japan, Thailand, Algeria, Saudi Arabia and a number of African nations. Japan and the European Union alone account for roughly 15 per cent of our wheat and barley exports. Both markets pay a premium for high quality. The U.S. and Canada might accept GM wheat sooner than some other groups, although the North American brewing industry has concerns about GM barley.

The markets that are most likely to demand non-GM shipments also have zero tolerance for unapproved GM content. So, they choose not to purchase GM products, and they're prepared to turn back a multi-million-dollar shipment because it contains a low-level presence of GM kernels or even dust.

That is how crucial this is. The countries that do not accept GM modified products are also very leery of having any contamination whatsoever. We have already lost a market for flax.

This is not a fantasy world. We are not inventing concerns here. We are not raising bogeymen to scare people. These are legitimate, fundamental problems that have been identified by people such as the organic growers and the Canadian Wheat Board itself. What more should members need to know? If the Canadian Wheat Board, which is responsible for marketing Canada's wheat for export, is raising these concerns, then members should be listening.

We are talking here about exports and about Canada's ability to export its produce. This bill calls for a proper analysis of the consequences of introducing and approving new GM products. It is very simple and very straightforward. This should be of concern to all Canadians, whether they are living on the east coast, the west coast or, as my colleague and friend from the Western Arctic has said, in the north. We are all concerned about Canada's reputation and Canada's ability to market its products.

Where are the members of the Conservative Party who claim to be representative of rural Canada, of Canadian values, of the little guy, of the farmer trying to make a living and of the freedom from interference with one's activities but who can be contaminated by organic products on the farm next door? How come they are not here agreeing with us that there should be a proper analysis, an amendment to the Seeds Act to ensure that the livelihood of Canadian farmers and the protection of Canadian markets is given full sway? Why are they not here? Why are they not supporting this effort to ensure that Canadian agriculture is safe from the contamination of genetically modified products and that we will be able to continue to export our own products, organic products, Canadian wheat, into markets around the world that we are currently participating in?

There is something wrong and the something that is wrong is probably a big company called Monsanto that has a lot of influence in governments around the world, the American government for example, and I think the Conservative government too. The Conservatives are listening to Monsanto and are not listening to the concerns of farmers whose livelihoods are at risk and who need to be wary and concerned at all stages that their own operation can be interfered with, potentially destroyed and put out of business as a result of some of these products, and the very market itself for the majority of our Canadian wheat and barley products that are sold through the Canadian Wheat Board.

If the Canadian Wheat Board is concerned, I am concerned. If the Canadian Wheat Board is concerned, all Canadians should be concerned. We should all be concerned when the Wheat Board is expressing the need for a proper full and total analysis of the consequences of introducing and licensing new genetically modified organisms.

That is all this bill is about. This is not a total attack on any genetically modified food or organism. That is not what this bill is about. This bill is about not introducing new products without a full and proper analysis.

I see that my time is about to come to an end. I do not know if there are any other speakers tonight, but if there are not, then I hope that the vote on this bill will turn out to be one that is in full support of this bill. We look forward to the support of all members of the House for this measure.

Seeds Regulation ActPrivate Members' Business

February 8th, 2011 / 9:20 p.m.

The Acting Speaker Denise Savoie

There being no further speakers rising, pursuant to an order made on Monday, February 7, the questions on the motions in Group No. 1 are deemed put and recorded divisions deemed requested.

Pursuant to Standing Order 98, the recorded divisions stand deferred until Wednesday, February 9, 2011, immediately before the time provided for private members' business.

It being 9:23 p.m., the House stands adjourned until tomorrow at 2 p.m., pursuant to Standing Order 24(1).

(The House adjourned at 9:23 p.m.)

The House resumed from February 8 consideration of Bill C-474, An Act respecting the Seeds Regulations (analysis of potential harm), as reported (without amendment) from the committee, and of the motions in Group No. 1.

Seeds Regulation ActPrivate Members' Business

February 9th, 2011 / 6:45 p.m.

The Speaker Peter Milliken

The House will now proceed to the taking of the deferred recorded divisions on the motions at report stage of Bill C-474 under private members' business.

The question is on Motion No. 1.

(The House divided on the Motion No. 1, which was negatived on the following division:)

Vote #167

Seeds Regulation ActPrivate Members' Business

February 9th, 2011 / 6:50 p.m.

The Speaker Peter Milliken

I declare Motion No. 1 defeated.

The question is on Motion No. 2.

Seeds Regulation ActPrivate Members' Business

February 9th, 2011 / 6:50 p.m.

Conservative

Gordon O'Connor Conservative Carleton—Mississippi Mills, ON

Mr. Speaker, I believe if you seek it you will find agreement to apply the results of the vote on Motion No. 1 to Motion Nos. 2 to 10.

Seeds Regulation ActPrivate Members' Business

February 9th, 2011 / 6:55 p.m.

The Speaker Peter Milliken

Is there unanimous consent to proceed in this way?

Seeds Regulation ActPrivate Members' Business

February 9th, 2011 / 6:55 p.m.

Some hon. members

Agreed.

(The House divided on the Motion No. 2, which was negatived on the following division:)

Vote #168

(The House divided on the Motion No. 3, which was negatived on the following division:)

Vote #169

(The House divided on the Motion No. 4, which was negatived on the following division:)

Vote #170

(The House divided on the Motion No. 5, which was negatived on the following division:)

Vote #171

(The House divided on the Motion No. 6, which was negatived on the following division:)

Vote #172

(The House divided on the Motion No. 7, which was negatived on the following division:)

Vote #173

(The House divided on the Motion No. 8, which was negatived on the following division:)

Vote #174

(The House divided on the Motion No. 9, which was negatived on the following division:)

Vote #175

(The House divided on the Motion No. 10, which was negatived on the following division:)

Vote #176

Seeds Regulation ActPrivate Members' Business

February 9th, 2011 / 6:55 p.m.

The Speaker Peter Milliken

I declare Motion Nos. 2, 3, 4, 5, 6, 7, 8, 9 and 10 defeated.

Seeds Regulation ActPrivate Members' Business

February 9th, 2011 / 6:55 p.m.

NDP

Alex Atamanenko NDP British Columbia Southern Interior, BC

moved that the bill be concurred in at report stage.

Seeds Regulation ActPrivate Members' Business

February 9th, 2011 / 6:55 p.m.

The Speaker Peter Milliken

The question is on the motion. Is it the pleasure of the House to adopt the motion?