Safe Food for Canadians Act

An Act respecting food commodities, including their inspection, their safety, their labelling and advertising, their import, export and interprovincial trade, the establishment of standards for them, the registration or licensing of persons who perform certain activities related to them, the establishment of standards governing establishments where those activities are performed and the registration of establishments where those activities are performed

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

Status

This bill has received Royal Assent and is now law.

Summary

This is from the published bill.

This enactment modernizes the regulatory system for food commodities.

Elsewhere

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

Votes

Nov. 20, 2012 Passed That the Bill be now read a third time and do pass.
Oct. 23, 2012 Passed That the Bill be now read a second time and referred to the Standing Committee on Agriculture and Agri-Food.

Safe Food for Canadians ActGovernment Orders

November 19th, 2012 / 4:10 p.m.


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Conservative

Pierre Lemieux Conservative Glengarry—Prescott—Russell, ON

Mr. Speaker, I wish the member would speak with and consult with industry, as we have. There were, as I mentioned, over 45 witnesses who appeared at both our committee and the agriculture committee in the other place. We heard 20 hours of testimony. The only member raising this issue is the member for Guelph and that is what I mean by a solo crusade.

We have implemented all of the recommendations made by Sheila Weatherill, 57 of them, and the last step in the process is passing this legislation to modernize the food safety system. Canadians want parliamentarians to work together to improve and modernize the food safety system. That is what we are doing today and I ask the member for his support.

Safe Food for Canadians ActGovernment Orders

November 19th, 2012 / 4:10 p.m.


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NDP

Hélène LeBlanc NDP LaSalle—Émard, QC

Mr. Speaker, certain events in recent years, such as the listeriosis outbreak and, more recently, the E. coli outbreak, have had a disastrous impact on beef producers across Canada. It would be truly irresponsible not to take away some lessons from what happened.

The question has been asked. Nevertheless, I will ask it again. Why will the government not allow a third party to evaluate what happened and make recommendations to ensure that it will never happen again?

Safe Food for Canadians ActGovernment Orders

November 19th, 2012 / 4:10 p.m.


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Conservative

Pierre Lemieux Conservative Glengarry—Prescott—Russell, ON

Mr. Speaker, as I mentioned in my speech, this bill will modernize our food safety system. Many provisions of this bill will strengthen our system and enhance the powers and the mandate of our inspectors while protecting the safety of Canadians' food.

Furthermore, I hope that my colleague has read the bill, because one of the clauses explains that a comprehensive review will be conducted every five years.

Safe Food for Canadians ActGovernment Orders

November 19th, 2012 / 4:10 p.m.


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Liberal

Wayne Easter Liberal Malpeque, PE

Mr. Speaker, thank goodness the member for Guelph is asking tough questions because all we hear from the government side are the trained seals on the back benches who take their direction from the parliamentary secretary, which is one of the problems with this place. My colleague from Welland asked pretty tough questions at committee, too.

I have one simple question. We support the bill. In fact, an even stronger bill was introduced by the Liberal government in 2004 or 2005, which was Bill C-27 at the time. The bill has a nice sounding name. Yes, it is good to have all the powers and authorities that the bill recommends, but what about the resources? We know about the budget cutbacks in terms of financial resources. Could the parliamentary secretary tell me the total number of inspectors working within the CFIA to inspect imported food coming to Canada and to the stores, which they are not really doing, and those kinds of areas? Could he give me the numbers?

Safe Food for Canadians ActGovernment Orders

November 19th, 2012 / 4:10 p.m.


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Conservative

Pierre Lemieux Conservative Glengarry—Prescott—Russell, ON

Mr. Speaker, I already gave some numbers in a question I answered earlier but I am glad to repeat them.

When we look at the CFIA and its personnel resources, since having been elected in 2006, we have increased the number of inspectors working at the CFIA by at least 700. The unfortunate part is that the member who just asked the question and who desperately wants to see the resources increased for the CFIA voted against those measures.

We have also increased the funding for the CFIA for food safety by hundreds of millions of dollars in budget after budget. The only thing consistent about the member is that he has voted against each and every budget in which we have increased resources for the CFIA.

Safe Food for Canadians ActGovernment Orders

November 19th, 2012 / 4:10 p.m.


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The Acting Speaker Barry Devolin

It is my duty pursuant to Standing Order 38 to inform the House that the questions to be raised tonight at the time of adjournment are as follows: the member for Algoma—Manitoulin—Kapuskasing, Aboriginal Affairs; the member for London—Fanshawe, Pensions; the member for Vancouver Kingsway, International Trade.

Safe Food for Canadians ActGovernment Orders

November 19th, 2012 / 4:15 p.m.


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NDP

Malcolm Allen NDP Welland, ON

Mr. Speaker, I am pleased to rise to debate Bill S-11.

Sincerely, and with great deference to the other place or at least with as much deference as I can give the other place, I believe it should have been Bill C-whatever number we would have given it. The bill should have started in this place, not the other place. The 120 days that the other place took should have been spent in this place with us studying the bill, rather than the paltry number of days that the government has decided we should have simply because the other place had it for a period of time.

Whether the other place debates it or not is of no consequence to New Democrats and it is certainly of no consequence to this member for Welland. What is of consequence at the end of the day is the House debating the people's legislation, because this is the people's House and this is indeed where the legislation should have started. That is why I have called the government to account on that particular aspect.

To get back to the bill itself, at one point in time we had an emergency debate, and I will not use the reference the minister suggested and the colourful language that he used to describe the debate. At one point in time I actually said to my friends across the way that when one cannot take yes for an answer, it is still yes. It was yes then and it is yes now.

The unfortunate part for my colleagues across the way is that they could not find a way to say yes to any of the suggestions that this side of the House had. According to the parliamentary secretary, they deferred to the “experts”, when indeed it was simply a question of someone parroting verbatim the good things that the PMO suggested they parrot.

Ultimately one gets back to Sheila Weatherill's report. I had the great pleasure of serving with my colleague from Malpeque on the subcommittee on listeriosis and that was when I first came to know about food safety. I came to know first-hand the devastating effects that food safety, when it is not followed in the way that it needs to be, can have on Canadians. We saw that with the great tragedy in 2008 when those folks died from listeriosis.

That is why it was so eminently important for us on this side to make this legislation as good as it possibly could be. That is the one shortcoming we find on this side. What we had said from the beginning was that we would be supportive, encouraging, helpful, proactive and bring forward what we believed would be good suggestions. We held to our word along the way, even though the government curtailed the amount of time we actually had to work on it.

When I was on the subcommittee during 2008, the government decided to call on Ms. Weatherill and do a parallel investigation. The irony of the investigation, which by the way cost the Canadian taxpayers millions of dollars, was that all but a handful of the recommendations were exactly the same, almost uniquely identical. We saw the same things.

One of the things that we saw in the CVS, the compliance verification system, that Sheila Weatherill also saw was that the compliance verification system was flawed and in need of “critical improvements related to its design, planning and implementation”. She went on to say it was “implemented without a detailed assessment of the resources available to take on these new [CVS] tasks”.

It was not just a question of adding up the numbers of how many people were there. Ms. Weatherill said that we had to audit the design, the planning and the implementation. That is what recommendation number seven said. It was not that we go out to PricewaterhouseCoopers, a nice place that adds them up and says, “Today, there are 22. Tomorrow there will be 24, and now we are done.”

The entire system needed to be looked at because the CVS was a pilot project. That is all that it was, leading up to 2008. It was started in 2005 by the previous government as an attempt to do food safety differently. There was nothing wrong with the pilot project. There was nothing wrong with making that attempt. What was wrong was verifying that the verification system actually verified what it was intended to work on. No one ever answered that question because no one audited it.

We are still left with the question hanging over our heads. Was the compliance verification system actually verified to see if it does what it was intended to do in the first place? We added up the number of folks who might be in it and we received a number. The government still does not really tell us the actual number. It uses this number of 700.

Let me offer a little help to the government. There are 170 new inspectors in the ready-to-eat meat sector. That came out of two places: the subcommittee that recommended that additional people were needed in that field and Sheila Weatherill who said the same thing. Since we are in the spirit of being nice, let me commend the minister for taking on and fixing the ready-to-eat meat sector and putting 170 new inspectors there.

That did not happen at XL. None of those new inspectors who went to the ready-to-eat meat sector are in those abattoirs. There are no additional inspectors in any of those abattoirs. The XL meat plant certainly has more today than two years ago. It simply filled the vacancies of the folks who left, because there is a great turnover in that plant as all of us now know. Sheila Weatherill actually went through that.

Carole Swan, who at the time was the president of the Canadian Food Inspection Agency, the actual person in charge, said about this audit, which was supposedly conducted and the one that the government stands today and still defends as an audit, that:

They didn't conduct it as an audit. An audit is a very specific process. It was a detailed review.

Number seven of Sheila Weatherill's report has not been completed. Parts of it have been done. The government counted the number of people but it did not audit the design, the plan or the implementation because it never asked PricewaterhouseCoopers to do that. It did what it was asked to do and that is fair. It is fair for the government to say that it counted the number of people but it is unfair for the government to suggest that it did a strategic audit of the recommendation, which was fundamentally critical to ensuring that the CVS actually worked. We can have as many people as we like in CVS but if it does not work, it does not mean anything.

Consequently, the government has not lived up to fulfilling all of the recommendations of the Weatherill report, let alone the recommendations coming out of the subcommittee. Some of the recommendations were done and some were not. Some of the recommendations were just left out because the government did not really like them.

When it comes to resourcing, the government loves to tell us one number and play with another one. Let me quote again for the House what we know to be true. On May 8 of this year the Minister of Agriculture said, “Planned Spending is declining by approximately $46.6 million and 314 FTE’s”, which in human resource jargon means full-time equivalences. What that means is that over the next two years there will be 314 less jobs now than the before.

The government loves to tell us about the $100 million, but it neglects to tell us that it is actually over five years, not this year. It neglects to tell us that it has actually only spent $18 million of that $100 million already. It should have spent far more than that because it has been out there for over a year. The resourcing that the Conservatives' continually talk to us about is not always wholly there because it is the jig of the number. They throw numbers out and somehow they might look similar or perhaps not.

We do know the facts because we did read the budget, although I sometimes wonder about my friends on the other side. We did read that lovely book that the government gave us in budget 2012 that says the three-year outlook for food safety indicates a projected cut of $56.1 million annually.

That is the Conservative's budget. I am not making it up. I am just reading the stuff they gave us. Of course, if the other side is now telling us the book is not true, that they no longer believe that page of the budget is going to be enacted, then I think they would have to amend it. Surely they would have to retract it and tell us something altogether different. However, they have not done that.

It is unfortunate, as this is a bill that the House seems to want to pass. I have heard my colleagues from the far end and my colleague for Guelph, who works on the committee with us in the spirit of co-operation to make food safety the priority that we all believe it is. This is about safe food for Canadians, for the children and people out there who may be immune suppressed and for the elderly who we saw get sick once before and some in fact died. We want to ensure that we do not have that happen again. All members in the House believe this to be true.

Therefore, in the spirit of co-operation, the official opposition went to committee and told the government side that we could help make the bill better. We put amendments forward because we wanted to help make the bill better. No one person or one party is blessed with all the best ideas. Unfortunately, some may think that perhaps they are. The irony is that we all know that.

I know the member but I always mispronounce his lovely riding, so I won't go down that road. It is a wonderful place in New Brunswick, Tobique—Mactaquac. Every now and again Glaswegians can get their mouths around funny words. However, it was with that spirit of working together that we entered into making sure that this legislation came back to this place in an expeditious fashion, unlike the other place that hung onto it and then went on vacation for the summer, which is how important its members thought it was. They went on vacation.

Meanwhile, some of us worked on the special co-op committee during the summer, which was our vacation. I see some of my colleagues from all sides of the House who were there working. It was the members of the House who went to work during the summer and the members of the other place could indeed have done that. If they did not want to do that, they should have passed the bill to us.

There were a number of amendments that we put forward. Some were as simple as defining a container. In the legislation it says “containers” and then goes on to define a cargo container. What is a cargo container? Is it a box car? Is it a shipping hold? We suggested that we should better define it and talk about pails, totes and baskets to give it further definition. We thought that would be understandable so that when folks saw the legislation they would get a sense of what it was about, rather than having to wait for the regulations to come out for the definitions.

The Conservatives said no, but I have to give them credit, they had a reason. For the first four amendments we put forward they had some reason why they did not like it. However, on the other seven amendments, they just voted no. They did not seem to have any reason or they ran out of reasons, I am not sure which.

Clearly, the opposition side of the agriculture committee, including the member for Guelph who was supportive, felt that the two responsible factors were the compliance verification system and the audit. We felt an audit should be done now because in five years when we go back and look at the system, the problem is that we may not know where we started.

As I said in committee, if I want to drive to Edmonton and I do not know where I am when I start, in five years from now I will be somewhere. It might Edmonton but it might be in Malpeque, which is a wonderful place in Prince Edward Island. When I get there I know the member for Malpeque will say to me, “Member for Welland, you actually drove in the wrong direction. Turn around and go back the other way and then you will get to Edmonton”. However, I would then get there in ten years instead of five years.

Therefore, doing an audit now would give us a benchmark of where we are and where we are going to start from. In five years, we would know if we were better, worse or the same, and whether we need as many inspectors. Part of the government's problem is that when we say those things, it thinks we want to have more inspectors in five years.

Maybe we need fewer. Maybe the system is working so well and is so efficient that there are too many people doing that and we need to transfer them to where they are not doing quite as well. That would be the value of the resource. That would be the value of legislation.

Of course, my friends across the way on the government side just voted no. They did not really have a reason. They just voted no. Then when we suggested whistleblower protection, their response was that the Criminal Code covers that off.

We heard the parliamentary secretary say that the Criminal Code covers tampering but that it is not the best way to do it. Instead, it should be in the legislation. We agree. We think that is the best way to do it, as we do with whistleblower protection.

In the last crisis we just faced, there were workers who said that had they been protected, they might have come forward sooner, and we may not have had a crisis. That is “may”. We are not certain. However, any opportunity that would have prevented it would have been good for the cattle ranchers across the country. They suffered needlessly because of the failure of someone in the system. Whistleblower protection may have indeed helped those ranchers not suffer the unintended consequence of what happened when it came to that crisis.

We saw the government rely on the Criminal Code, but it did not rely on it for this one aspect of the bill because it believed it was better, more expeditious and made more sense to do it that way.

As for fundamental protection for people who want to come forward and tell the government something it ought to know, it is telling them to take their chances in the courts and see if they can convince a crown attorney to go ahead with the charge and see if they can get a conviction. What the government did not talk about was whether they could get their jobs back afterwards. They are more likely to be fired while going through the court system. Of course, if people won that one, they would have to go through civil proceedings to try to get their jobs back. Therefore, they would go to court twice, and along the way, would have to pay for lawyers.

However, if the Conservatives had put simple whistleblower protection into the act, it would have talked about people who make vexatious claims against a company because they are mad at the boss. This was about real claims to help prevent another food crisis for Canadians across the country.

We want to make food safety better. We want to help this legislation be the best it can be for two simple reasons. The first is that this may be the last opportunity for quite some time to do something with respect to the food safety act as we amend three acts into one. More importantly, this is about food safety for Canadian families, children, the elderly, and all of us. All of us eat. We all eat differently. Some of us graze, and some of us do not.

At the end of the day, this was about making fundamentally good legislation. It started out as decent legislation. It could have been great legislation, because all of the hands at the committee were indeed onside to make it so. The government side brought forward a bill that in its sense was pretty decent. All sides of the House at that committee, including my friend from Guelph, were bound and determined to try to make it better. There were no egregious amendments or poking sticks in eyes. There was none of that. This was about making it better from the day it showed up at committee. The unfortunate part is that as good as it is, the bill could have been so much better than it is. That is the shame of not having all sides work together.

When the government puts a hand out and asks that all sides work together, it should recognize when the hand comes from the other side to work with it to make it better. Our hand was extended to the government to make it better. Unfortunately, it decided to say no, and that is truly unfortunate.

Safe Food for Canadians ActGovernment Orders

November 19th, 2012 / 4:35 p.m.


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Liberal

Frank Valeriote Liberal Guelph, ON

Mr. Speaker, I want to thank the hon. member for Welland for his thoughtful and quite accurate observations and for his efforts, and the efforts of his party, to make it better.

During those hearings, motions were brought. I debated them and argued them. Members of the official opposition, including the member for Welland, argued and debated them. They were all trying to make it better. There were points when the government members did not even participate in the debate. They were not interested. They just called on the chair to call the question. It was absolute intransigence at the highest point of arrogance.

When asked about the adequacy of resources and training for CFIA at XL, Bob Kingston, from the Public Service Alliance of Canada, said:, “The answer is actually simple. The CFIA cannot afford to deliver training any faster and does not have enough inspectors to relieve those away while being trained. As well, resources are often diverted to address crises, which further derails training”.

Does it not make sense to have a third-party audit so that we know what their needs are?

Safe Food for Canadians ActGovernment Orders

November 19th, 2012 / 4:35 p.m.


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NDP

Malcolm Allen NDP Welland, ON

Of course it does, Mr. Speaker. It is one of the fundamental questions that has been asked for quite some time.

It is true, and the government can check the facts, that not everyone in every abattoir across the country who should be compliant in CVS , the compliance verification system, is trained to be compliant in CVS. Yet CVS is the foundation, the cornerstone, the backbone of the food safety system the government is relying on. If it is the cornerstone of the system, then everyone has to be that cornerstone. We cannot have some who are not. That is the problem. A full audit would have told the government how to get it done. If the government had enacted it back then, it would be done by now.

Yes, the government has added inspectors, but what it has not done is made them all compliant with CVS. We know that to be true, and the government knows that to be true.

If we are not able to judge whether it has been done correctly, the government should just do the audit. It will cost some money. It will save a lot of heartache in the end, when there is not another crisis, because the system will have worked the way it is supposed to work.

Therefore, I would again ask the government side, through the parliamentary secretary to the minister, to just do the audit. Let us not pretend one was done. Just go ahead and quietly do the audit, show the results, and all will be well.

Safe Food for Canadians ActGovernment Orders

November 19th, 2012 / 4:35 p.m.


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NDP

Hélène LeBlanc NDP LaSalle—Émard, QC

Mr. Speaker, I thank my colleague for his speech and his work as the agriculture critic for the official opposition.

Throughout the XL Foods crisis, we noted the working conditions, lack of training and high turnover of employees. I believe that an even more in-depth audit by a third party would have been worthwhile.

I would like to hear more from my colleague about the lack of resources. He referred to this when speaking about training. The Canadian Food Inspection Agency is said to be in dire need of resources.

I would like to hear more about his concerns in this matter.

Safe Food for Canadians ActGovernment Orders

November 19th, 2012 / 4:35 p.m.


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NDP

Malcolm Allen NDP Welland, ON

Mr. Speaker, there is no question that what we have seen over the last while when it comes to the Canadian Food Inspection Agency, going back to the listeriosis crisis and the lack of inspectors, is a rush to try to make some changes. There was not a holistic approach taken as to what is needed elsewhere.

When Sheila Weatherill's report came out, and in fact, when the subcommittee's recommendations came out, we said exactly the same thing about the need to do an audit of CVS to improve the program. We actually said that as parliamentarians. It was not done. If it had been done then, we would have had the folks trained and the proper resources in place. Perhaps we would not have seen another crisis.

The only good part of the crisis, if there is a good part, is that to date, no one has passed away. That cannot be said for the 2008 listeriosis crisis, when 23 people died. People cannot measure that crisis against another, nor should they. This is about a system that did not live up to its expectations. It failed. We need to fix that piece. The fix is in front of us. The issue is whether there is a willingness to take that fix and make it so that the system actually operates as it should.

The decision is the government's alone. We are simply saying to the government that it has an opportunity. It should take the opportunity. The system will be better for it. More importantly, Canadians will actually thank them for it.

Safe Food for Canadians ActGovernment Orders

November 19th, 2012 / 4:40 p.m.


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Liberal

Wayne Easter Liberal Malpeque, PE

Mr. Speaker, I enjoyed the member for Welland's remarks, because he hit the nail right on the head in terms of the audit.

The government continues to fail, and I have to ask him why. Why do the Conservatives continue to misrepresent the fact that they have not done a complete audit, which the Weatherill report asked for, as did the member for Welland and others in the work they did on the listeriosis study? Why do the Conservatives continue to misrepresent the facts in that regard?

They talk about the numbers they have added. In my particular area, what we are seeing from CFIA is a heavy downloading of costs to the farm community. We are seeing fees go up. We are seeing that on the weekend, when CFIA inspectors willingly wanted to work for time off, farmers now have to pay time and a half on Saturdays. The system was working, and the government changed it.

Why does the government continue to misrepresent the facts, and why would it not work with opposition parties to make the bill better? Why does it have to be so intransigent?

Safe Food for Canadians ActGovernment Orders

November 19th, 2012 / 4:40 p.m.


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NDP

Malcolm Allen NDP Welland, ON

Mr. Speaker, I thank my colleague from Malpeque, whom I had the great pleasure of working with on that committee in 2009.

It is bewildering why the Conservatives continue to say that they did something, when Carole Swan said that they did not. I find that absolutely astounding. I understand that the government spent some money on a particular piece when it went to PricewaterhouseCoopers. At the end of the day, they were asked to do something specific, so they did it. It was an arithmetic exercise. They counted up some people and gave the number. They did not tell them where or what they would actually do.

The only thing I can think of is that the government deluded itself into believing that it did what it thought it was supposed to do, even though we have continually said that it did not. Perhaps it does not want to hear results that mean it may have to invest more money. Instead of the $56 million it is withdrawing over the next budget year, it will actually have to put it there and maybe add more. Perhaps the government does not want to hear that either in its year of austerity. However, austerity and food safety are two terms that should never come in close contact with one another.

Safe Food for Canadians ActGovernment Orders

November 19th, 2012 / 4:40 p.m.


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NDP

Ruth Ellen Brosseau NDP Berthier—Maskinongé, QC

Mr. Speaker, I am honoured to work with Malcolm on this file on the Standing Committee on Agriculture and Agri-Food. I have a lot to learn and I continue to learn.

I would like him to talk about fines. This bill provides for steeper fines. Will the imposition of harsher and stricter penalties help strengthen our food safety?

Safe Food for Canadians ActGovernment Orders

November 19th, 2012 / 4:40 p.m.


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The Acting Speaker Barry Devolin

Before I go to the member for Welland, I would remind all hon. members not to refer to their colleagues by their given names, first or last.