Marketing Freedom for Grain Farmers Act

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

This bill is from the 41st Parliament, 1st session, which ended in September 2013.

Sponsor

Gerry Ritz  Conservative

Status

This bill has received Royal Assent and is now law.

Summary

This is from the published bill. The Library of Parliament has also written a full legislative summary of the bill.

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

Elsewhere

All sorts of information on this bill is available at LEGISinfo, an excellent resource from 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-18s:

C-18 (2022) Law Online News Act
C-18 (2020) Law Canada—United Kingdom Trade Continuity Agreement Implementation Act
C-18 (2020) Law Appropriation Act No. 2, 2020-21
C-18 (2016) Law An Act to amend the Rouge National Urban Park Act, the Parks Canada Agency Act and the Canada National Parks Act

Votes

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

Marketing Freedom for Grain Farmers ActGovernment Orders

October 24th, 2011 / 5:45 p.m.

Conservative

Ed Komarnicki Conservative Souris—Moose Mountain, SK

Mr. Speaker, I am pleased to speak to the bill because it is opening up new opportunities for western Canadian wheat and barley farmers. That is good news, because there is a growing demand worldwide for the high quality grain they grow. As part of our commitment to help farmers make their money from the marketplace, we plan to deliver on our promise to provide marketing freedom to western Canadian grain farmers.

It is a matter of freedom, even if the opposition's numbers are used. If we have 40% of farmers not being able to sell their grain on the open market but are compelled to sell it to a board, it certainly curtails their freedom and right to do business as they see fit.

That is what the bill is all about. We are giving western Canadian wheat, durum and barley growers the same right to market their grain as enjoyed by farmers in other parts of Canada and around the world. It is remarkable that farmers only in western Canada would be compelled to sell to the Canadian Wheat Board when other farmers around the world and in this country are able to sell directly.

The fact is western Canadian grain farmers deserve the freedom to make their own business decisions, just as others do, including the right to market their own grain at the time of their choosing and to the buyer of their choice. Western Canadian farmers want this and so do three of four western provincial governments that produce almost 80% of the wheat and 90% of the barley that the Canadian Wheat Board markets.

As the Saskatchewan minister of agriculture has said, “Saskatchewan farmers spend their own hard-earned money on land, machinery and inputs to grow their own crops, so why should they not have the marketing freedom to decide how, when and to whom they sell their grain?” They invest thousands of dollars in machinery and equipment, hundreds of thousands of dollars in land, and they take all kinds of risks. They sell other commodities directly in the market, yet they are prevented from selling the grain they grow, except through the Wheat Board.

This legislation will open up a wealth of opportunity for western Canadian grain farmers for the future.

In my constituency there are a number of farmers who have written to me, and I will refer to a number of letters to make the point. They make the point for us as to why we should proceed with this legislation.

One farmer, Steve Blackmore of Ceylon, wrote:

I am pleased to see that the federal government continues with its move to introduce legislation to open up the marketing of grain and barley. My brother and I operate a farm in SE Sask [southeast Saskatchewan] with 5500 acres of cultivated land. We have limited our seeding of Durum and Barley in the past due to the involvement of the CWB [Canadian Wheat Board] and the intrusive nature of that relationship and the impact on farm cash flows by having to wait for pool returns to be calculated etc.

Indeed, it is even a disservice to the Wheat Board to prohibit farmers from selling elsewhere. As this individual has indicated, he has cut back on the seeding of durum and barley and many have. Instead of seeded acres increasing for durum and barley, they have been regressing. Yet in other countries like Australia, we find that those acres have been improving after the farmers have been given the opportunity to market their own grain.

Mr. Blackmore went on to say, in referring to the durum crop:

As an example the Durum we grew in the fall of 2010 was all hauled in the fall of 2010 as it was great quality and provided blending opportunities for the grain company.

It is something that they could have got a premium for. He wrote:

We will not see our final return on that grain until December 2011 or January 2012.

Simply put, this is not acceptable. It is far too long to wait for the cash flow. It is far too long to wait for the price they ought to get.

He talked about the voting process. We have heard a lot in the House about the voting process and whether one should pay attention to that or not, but this is what he said:

I know you will have heard all the arguments on both sides of the debate and there is a lot of passion behind both sides however the voting process held by the CWB was a joke. Our operation received 4 votes, but really only one should be considered given that 90% of the volume would have gone through one permit book. I can only imagine that this is the case for lots of farmers. The argument about letting the farmers decide is the wrong debate, this is an open market debate and as a business owner...we need to have the ability to choose who we market our product through.

Whether a farmer runs a big or small operation, that farmer has had the opportunity to operate in the open market with respect to other commodities. As someone said here earlier, the sky is not falling in. Farmers have been able to do that successfully.

Mr. Blackmore wrote that he has been doing it already for years with canola, flax, lentils, peas, oats, fall rye, canary seed, and three varieties of mustard. It is something that farmers are accustomed to.

I grew up on a farm. My parents farmed four quarters and rented two for a total of six quarters. There were many small farmers around. Initially all they grew was wheat, barley and oats perhaps. It was only later in the process they experimented with new commodities like canola. They found they could market the canola and that they could get a cash price and sell it when they wanted to. They could wait for the price to go up if they wanted to wait. Some did better and others did not do as well, but they had the opportunity to do that.

Canola caught on and more of it was grown. Peas, lentils and other kinds of commodities that farmers have taken to have been sold and farmers have done very well with respect to those commodities. They would watch the markets and they would watch the price. They could decide what they wanted to plant.

Mr. Blackmore said that the value of changing to an open market solution will provide benefits for him and his farm operation. He said he would have the ability to contract price against a global benchmark and meet his cashflow needs. He would have the ability to negotiate based on quality and quantity at the grain companies. He would also be able to break down the barrier to cross-border shipping and provide new marketing opportunities.

Some of the best durum in the country, perhaps in the world, is grown in the southeast part of Saskatchewan in my riding. When we look at what the world price is compared to what farmers get, they cannot sell it all even at the price they can get. There is a significant difference so they have to take a loss.

The other thing Mr. Blackmore mentioned, as have other farmers, is the need for some certainty. That is why the opposition should get behind us and get this bill passed. He said:

As we look at the 2012 growing season we hope that the legislation is passed expeditiously this fall in order to allow for effective planning in terms of cropping options, implications of the change from the CWB, response by the market to a new offering, etc.

Farmers want to know what they are dealing with. They plan early for what they are going to put into their land for the next year. They want to see this legislation passed. I would urge all members to get behind the legislation to ensure it goes forward expeditiously.

Another person in my constituency wrote to the editor of Lifestyles on October 6, 2011. Amy Hewson from Langbank, Saskatchewan in my riding wrote:

I grew up on an 80 acre farm in central AB [Alberta]. ...I moved to my husband's 8000 acre farm in south east Saskatchewan....

My husband is a full time farmer; it's his business and his life. My Dad is an electrician and a farmer on the side who raises cattle and rents out his crop land, entitling him to vote.

That means her father's vote has the same weight as her husband's. The obvious point she is making is that it should not be so.

She said:

My husband and I are expecting a baby in January and we're both very excited to know that this child will grow up in a country where it's not a crime for his parents to sell their own wheat and barley as of August 1, 2012.

It is interesting to note that the member for Malpeque said farmers should be put in jail because they are crossing an international border. Imagine putting them in jail for selling their own produce, produce they have produced from their hard work, from their investment, their risk. It is incredible that we would even be having that debate in today's society.

Ms. Hewson said that it is not about getting rid of the CWB, it is about having a choice. That is an important point.

Marc Giraudier, another constituent, wrote to me saying that this is about choice and not about a vote. He wrote, “Regarding the plebiscite vote, take the outcome with a grain of salt, not all our farmers received a plebiscite vote and if a third option, dual market system had been a choice, the outcome would have been very different”.

That is the truth. It is interesting that the opportunity to vote for a dual market system was not put forward by the Canadian Wheat Board.

Another interesting point is that one group of farmers, no matter the percentage, even if it was 62%, ought not to have the authority to ban or the power to prevent other individual producers from having the right to market their grain as they see fit.

If others want to sell through the Wheat Board, they can do so by simply uniting and pooling their resources together and going forward. They should proceed to do that.

Marketing Freedom for Grain Farmers ActGovernment Orders

October 24th, 2011 / 6 p.m.

Liberal

Kevin Lamoureux Liberal Winnipeg North, MB

Mr. Speaker, Conservative MP after Conservative MP talks about the reduction in average acres and they try to blame the Canadian Wheat Board. As in many other things, they have absolutely no evidence, not a shred, to demonstrate that is the case. If anything, the CWB, and of course our good farmers, but the brand of CWB is one of the reasons that we sell the amount of wheat that we do, that we have the market we currently have.

I take exception to member after member quoting what individual farmers are saying. I want to refer to the broader picture. There were over 20,000 prairie grain producers and farmers who participated in the plebiscite. The government goes out of its way to discredit the plebiscite. Why does the government not have the political courage to have a plebiscite, if it is so critical of the one the CWB held? After all, there is an obligation in law to do so. Why does the member not support farmers having a legitimate plebiscite that they would actually abide by? We on this side would abide by the results. Why will the government not do the same?

Marketing Freedom for Grain Farmers ActGovernment Orders

October 24th, 2011 / 6 p.m.

Conservative

Ed Komarnicki Conservative Souris—Moose Mountain, SK

Mr. Speaker, perhaps the member was not listening when I read from the email from the farmer in Ceylon, Saskatchewan. He wrote:

We have limited our seeding of Durum and Barley in the past due to the involvement of the CWB and the intrusive nature of that relationship....

He went on to say what that was. The seeding acres have gone down, so they are doing themselves a disservice.

The Australian model shows that the seeding acreages have gone up and it is now producing 30% more wheat on average than it was before. It is marketing in 41 countries rather than 17 countries. That is what happens when farmers are given the option to go through the Canadian Wheat Board or otherwise.

With respect to the plebiscite itself, ballots were sent to more than 68,000 farmers when in fact there are about 20,000 commercial grain farmers. I do not know what that is about, but it says something about that process.

The Canadian Wheat Board was imposed on farmers to be compulsory whether they wanted to trade through it or not. There is a great percentage of farmers who did not want to belong to that system and they had no opportunity to do that because they would be jailed or fined. That is simply wrong. We do not need a plebiscite to see that. We do not need a plebiscite to say that we ought to give producers the ability to sell their product without having to pay a fine or go to jail for it. It was something that was imposed by a government when it should not have been. It is time to get that wrapped up and changed once and for all.

Marketing Freedom for Grain Farmers ActGovernment Orders

October 24th, 2011 / 6 p.m.

Conservative

LaVar Payne Conservative Medicine Hat, AB

Mr. Speaker, on the weekend I was at a function with real farmers who asked me when the government was going to change the Wheat Board so that they could sell their wheat and barley and not go to jail.

How does the member feel about farmers having to go to jail for selling the grain that they planted and harvested? One of my constituents did that and it was very difficult for him and his family.

Marketing Freedom for Grain Farmers ActGovernment Orders

October 24th, 2011 / 6 p.m.

Conservative

Ed Komarnicki Conservative Souris—Moose Mountain, SK

Mr. Speaker, obviously I feel compassion for many of our farmers who grow wheat and durum and look at the world prices. They produce some of the best durum in the world, certainly in the country. They see the price and they are not able to sell it. There have been some who have taken matters into their own hands and have decided to cross the border, but as the member for Malpeque referred to that action, they were stopped and fined. They had to go through provincial court and the court of appeal. They spent a lot of dollars, but at the end of the day, they were not able to sell what they had produced themselves. It is remarkable that people in this country cannot do that.

Obviously I feel there is nothing wrong for those who would want to band together voluntarily to form a co-op, a corporation or association to market their grain together, but it is wrong to force people into that association when they do not want to be part of it. That is not the way to run a country. That is not the way to run a democracy and we need to change it now.

Marketing Freedom for Grain Farmers ActGovernment Orders

October 24th, 2011 / 6:05 p.m.

NDP

Françoise Boivin NDP Gatineau, QC

Mr. Speaker, it seems that we rise in this House on a regular basis to discuss bills and, more often than not, we do so following gag orders imposed by the government. This time, at issue is Bill C-18, which proposes that the Canadian Wheat Board be dismantled and that the single desk marketing of barley and wheat in Canada be eliminated. It was not that long ago that the government was trying to force Canada Post employees back to work. One might say that there is a fear of debate in this House. This is particularly unfortunate because we learn a lot by listening to what others have to say and we also learn a lot when we are able to thoroughly examine the provisions of bills, whether they are proposed by the government or by our colleagues here in the House.

However, people are being silenced rather quickly, not only in the House, but also in committee. Take, for example, Bill C-10, the government's omnibus bill on law and order. Witnesses might have plenty to say about this extremely long bill, but they are given only five minutes in which to do so and then they are cut off, once again, in mid-sentence. It does not seem as though democracy is being taken very seriously.

Nor does it seem as though the legislative provision calling for a plebiscite is being taken very seriously either. In other words, only the producers, the farmers, have the right to dismantle the Canadian Wheat Board and it cannot be dismantled by us, here in the House, the very people who are supposed to uphold the law and ensure that things are done correctly. A vote was held. When I listen to the speeches given by members of all the parties, whether on the government side or this side of the House—with a few exceptions to my right—there are clearly huge differences in opinion.

From what I understand about this issue so far, we know very well that we have a Prime Minister who, since 2002, has been promising to dismantle the Wheat Board and, now that his party is in power, he has been quick to do so. I have often heard it said and I will say it again, since the Conservatives do not have very strong math skills: 39% of the population is not a strong mandate. In the current electoral system, it constitutes a majority, but it certainly does not constitute a strong mandate.

The government has to be careful about using such support to boast and say that the farmers it talks to or the farmers who talk to it all say it is doing the right thing. In actual fact, the Canadian Wheat Board held a plebiscite for which a total of 38,261 farmers mailed in their ballots. That is a participation rate of 56%, which is on par with federal elections, unfortunately, in my opinion. As I was saying at the beginning of my speech, 62% of the farmers voted for keeping a single desk marketing system for wheat and 51% for barley. I think 62% is a very good percentage. That is the rate with which I won my own election, so you can see why I like that very solid percentage so much.

That being said, it is not up to us in this House to decide on this. The act was drafted in such a way that it is the primary stakeholders who have a say. It is their Canadian Wheat Board. It is up to them to decide what to do with it.

Every speech I keep hearing about how the Wheat Board is not being eliminated, that it will be voluntary for a number of years, and that if people want to continue with it they will—it is all hogwash. It is a slow death, so as not to cause too much unrest. However, somehow, on the government side, no one is able to convince us in this House why this is necessary, other than for ideological reasons.

I have read up on the Canadian Wheat Board and I see how it succeeded—in regulating, perhaps. As a businessperson, I do find that regulations can be quite restrictive at times. In Quebec, we are used to having quite a lot of regulations and red tape. However, sometimes, to make systems work and ensure that everything is on the up and up, without losing control of an industry, that is what it takes and this is an industry that has been tried and tested.

This method has been proven over many years. The board should not be dismantled strictly on the basis of a poorly explained, unjustified ideology, without any figures to support the decision other than a few figures from emails here and there. I respect the fact that in a democracy, there will always be people who agree and people who do not agree. The members opposite may very well wonder who we are to talk, when agriculture is not the lifeblood of the riding of Gatineau, but the fact remains that this market affects every one of us.

The decisions we make here about how the market runs will affect everyone. If for no other reason, I think that that certainly gives us the right to speak to this issue.

I heard questions from some Conservative colleagues. They said to some colleagues from Ontario that their province had dismantled its board. Why should western farmers be treated differently than Ontario farmers? That could be a good question, but the fact is that Ontario farmers decided themselves, after a vote, to dismantle their board. I respect that. If western farmers tell us that they no longer want things to run like this, that is a different story. This board was created during wartime to provide wheat to Europe, among other places. Perhaps the board has no reason to exist in 2011. I do not know. The arguments that have been made by the minister and the Conservatives who have spoken on this issue have not convinced me, as the member for Gatineau, that there is a logical reason behind this that has nothing to do with ideology. Ideology is sometimes a bad adviser in a context like this.

I believe that the government would have our approval and the support of the entire House if it acted appropriately, that is, according to the terms of the act, which provides for a vote. Following a vote, we could decide whether or not the board would remain. No one would object. It would be the voice of democracy.

In this context, as the member for Gatineau, I personally find this problematic and it is for that reason that I will be voting against the bill. The Conservative government's actions are anti-democratic. It is no longer surprising. It is unfortunate. The government was only formed on May 2, 2011, and I am already forced to conclude that any type of organization, whether it is a union or the Canadian Wheat Board, is automatically on the Conservatives' chopping block. My concern is that we are selling our assets piecemeal to the Americans.

Matters such as those dealt with by Bill C-18 are very important because of the number of people affected directly or indirectly: consumers, producers, farmers, those involved in transportation, and all those who have anything to do with the wheat and barley industry. I believe we are entitled to expect a more responsible approach from parliamentarians.

Marketing Freedom for Grain Farmers ActGovernment Orders

October 24th, 2011 / 6:10 p.m.

The Acting Speaker Bruce Stanton

It being 6:15 p.m., pursuant to order made Thursday, October 20, 2011, it is my duty to interrupt the proceedings and put forthwith every question necessary to dispose of the second reading stage of the bill now before the House.

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

Marketing Freedom for Grain Farmers ActGovernment Orders

October 24th, 2011 / 6:15 p.m.

Some hon. members

Agreed.

No.

Marketing Freedom for Grain Farmers ActGovernment Orders

October 24th, 2011 / 6:15 p.m.

The Acting Speaker Bruce Stanton

All those in favour of the subamendment will please say yea.

Marketing Freedom for Grain Farmers ActGovernment Orders

October 24th, 2011 / 6:15 p.m.

Some hon. members

Yea.

Marketing Freedom for Grain Farmers ActGovernment Orders

October 24th, 2011 / 6:15 p.m.

The Acting Speaker Bruce Stanton

All those opposed will please say nay.

Marketing Freedom for Grain Farmers ActGovernment Orders

October 24th, 2011 / 6:15 p.m.

Some hon. members

Nay.

Marketing Freedom for Grain Farmers ActGovernment Orders

October 24th, 2011 / 6:15 p.m.

The Acting Speaker Bruce Stanton

In my opinion the nays have it.

And five or more members having risen:

Call in the members.

(The House divided on the amendment to the amendment, which was negatived on the following division:)

Vote #42

Marketing Freedom for Grain Farmers ActGovernment Orders

October 24th, 2011 / 6:45 p.m.

The Speaker Andrew Scheer

I declare the amendment to the amendment lost.

The next question is on the amendment.