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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 is from 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. The Library of Parliament has also written a full legislative summary of the 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 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 S-11s:

S-11 (2022) Federal Law–Civil Law Harmonization Act, No. 4
S-11 (2010) Safe Drinking Water for First Nations Act
S-11 (2004) An Act to amend the Criminal Code (lottery schemes)
S-11 (2004) Statutes Repeal Act

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 / 5:35 p.m.

NDP

Charmaine Borg NDP Terrebonne—Blainville, QC

Mr. Speaker, my question will be brief.

This government is a half-measure government, and I think this is another half measure. People became sick because of poor management on the part of the Minister of Agriculture and Agri-Food. Canadians and Quebeckers expect more. They want a bill that will truly resolve the problem and a government that will act quickly in the face of a crisis such as the E. coli one.

I would like to hear my colleague comment on that.

Safe Food for Canadians ActGovernment Orders

November 19th, 2012 / 5:35 p.m.

NDP

Francine Raynault NDP Joliette, QC

Mr. Speaker, I would like to thank the hon. member for her question.

This bill is definitely missing some elements that would help it to really meet the needs of Canadians. It is not good enough.

We are going to vote in favour of this bill but, in 2015, we are going to improve it in order to protect Canadians and ensure food safety.

Safe Food for Canadians ActGovernment Orders

November 19th, 2012 / 5:40 p.m.

NDP

Ruth Ellen Brosseau NDP Berthier—Maskinongé, QC

Mr. Speaker, of course, I am going to support this bill, but once again, it does not go far enough.

This is a very important bill. It affects Canadians across the country because we eat every day. In Canada, one in eight jobs is related to agriculture. With regard to the markets, it is a multi-million dollar industry. We must therefore protect Canada's food safety system. Yes, this debate is important and the amendments that we proposed in committee were really good, but I was disappointed in the way that this took place. Yet, here we are today.

Bill S-11 is a first step in the right direction to improve and modernize the food safety system, and the NDP has been calling for the modernization of this legislation since Sheila Weatherill's report was published in 2009. However, Canadians need the government to invest more resources in the food safety system, rather than just streamlining the regulations. Although we support the content of this bill, we do not think that it goes far enough.

The witnesses who appeared before the Senate committee that conducted a more in-depth examination of this bill said that the bill would not have prevented the E. coli outbreak at the XL Foods plant in Brooks, Alberta. Although the NDP believes that this bill is essential to improving Canada's food safety, we also believe that passing this bill without taking into account the amendments proposed by the opposition once again demonstrates the government's ill will. This is nothing new. We see it here almost everyday.

Every day, we represent our constituents here in Ottawa, and we are proud to do so. They are the ones who voted for us. We are here because of them. So, each day, I try to do my best to stand up for their interests. This seems only natural. However, I get the distinct impression that the members opposite often forget this basic principle. I will explain why.

Let me begin with a brief review of the facts. On October 17, the safe food for Canadians act, Bill S-11, was passed by the Senate. The purpose of this bill is to increase the Canadian Food Inspection Agency's resources and tools. At the beginning of the month, the Standing Committee on Agriculture and Agri-Food did a clause-by-clause review of the bill. As a member of that committee, I am very disappointed with this government's attitude toward this bill.

Today, the parliamentary secretary talked about this bill and all the good things that will come out of it, but it is the opposition MPs who keep talking. The parliamentary secretary was the only government representative to speak in favour of this bill. We have done our homework. All the witnesses who came to committee worked hard and shared their time and expertise with us. We worked very hard to propose constructive amendments, but, unfortunately, none of them were adopted. That is very disappointing, because the primary purpose of this bill is to ensure optimal food safety for all Canadians.

I would like to talk about some of the suggestions we made in committee. We thought it was important to add whistleblower protection measures that take into account the fact that the Criminal Code authorizes these types of measures. Allow me to begin by saying that other acts of Parliament explicitly present protection measures for whistleblowers that go beyond those in the Criminal Code, which is a good thing.

The purpose of this protection is to allow employees to come forward and feel secure—I repeat, feel secure—with this idea that they can tell inspectors things that they may not be able to see. In the case of XL Foods, we heard that this could have helped them.

During the latest tainted beef crisis, the largest beef recall in Canadian history, the workers said that they were aware of what was happening and knew that things were happening in a way that they did not believe was right, but because they felt vulnerable, they did not dare blow the whistle.

That is why we want whistleblower protection. I think we need to have a closer look at that. It is a standard model that can apply to many statutes that are enacted.

Accordingly, people can feel comfortable coming forward with a reasonable complaint, a complaint that has merit and that can be addressed in a way so that they do not feel their employment or their advancement is jeopardized, or any of the other things that people might feel vulnerable about.

We believe that in the case of XL Foods, such a measure would have limited the damage or perhaps even prevented the situation altogether.

That is the rationale for whistleblower protection.

I think this proposal made a lot of sense. It did not take anything away from the bill. On the contrary, it contributed something and enhanced the bill's effectiveness.

I really would have liked to see some openness on the part of the government, my Conservative colleagues. I like when we work together. I think it is important to do so here in the House. I would have liked us to work toward the same end: to improve a bill that is so important to food safety and consumer protection.

Year after year, on the Conservatives' watch, the number of food inspectors has decreased. Meanwhile, the food industry is more and more at risk.

At the committee stage, we proposed an amendment that called for an immediate audit as soon as the bill came into force. Clearly, food safety systems need to be reviewed regularly. We simply cannot allow another E. coli outbreak in the next five years. Unfortunately, the Conservative members of the committee voted against that amendment. It is really too bad, because in five years, we will have no basis for comparison. I think this is a waste of time.

If we do so now, if we create a basis and carry on, I think this will help us. This will be an improvement, not something that will harm the bill. The amendments we proposed made positive changes to the bill.

I would like to draw your attention to an excerpt from the testimony that Bob Kingston, national president of the Agriculture Union, gave before the Senate committee on October 2. I would like to point out that Mr. Kingston has 25 years of experience as an inspector and 15 years of experience as a supervisor, so he is someone who knows his stuff. He said:

I urge the committee to amend this bill to make such a review mandatory. I do note that an amendment has been put forward by the government, but it does not require a resource audit of the CFIA until five years after the bill becomes law. It is sort of like crossing your fingers and hoping nothing bad happens for five years. We already know that the CFIA has a problem; do not wait for another outbreak before addressing it.

We thus proposed several amendments to strengthen the bill. We never opposed this bill. Our sole objective was to strengthen and improve Bill S-11 by making clarifications and giving it more teeth.

We also asked for a mechanism related to stakeholders who represent the public interest on the arbitration board. We want to strike a balance between the interests of companies and the defence of public health.

It is a way for all voices to be represented and defended when it comes to food safety. Our amendment was rejected without any discussion, questions or explanation.

Another important amendment that we proposed asked that, on the coming into force of this section, the minister undertake an audit that includes an assessment of the resources allocated to the administration and enforcement of this act in order to get baseline information to be applied to reviews undertaken every five years. We need a basis for comparison right away, otherwise we will have to wait 10 years, which is a long time, before we can see the effects of these changes.

Bob Kingston also said:

If we are not careful, the successful enactment of Bill S-11, as well as the CFIA's new inspection modernization initiative, could fall victim to these pressures, as did the compliance verification system, or CVS, before them.

If you cast your memories back to the summer of 2008, just months before the Maple Leaf Foods outbreak, you will remember that the CFIA had just launched CVS. Without a serious pilot phase and before any lessons learned in development could be implemented, the agency had no idea how many inspectors were needed to do the job under CVS or what skills and training they might require.

That is what Sheila Weatherill recommended in her report on the 2008 listeriosis crisis, and that is what we asked for following the E. coli crisis. Unfortunately, we will have to continue asking because the Conservatives rejected that amendment.

Following the E. coli crisis this fall, members on both sides of the House knew that we would have to take action to ensure that this does not happen again. The Conservatives tried to make us believe that Bill S-11 was a solution. I have already said that I completely disagree. This bill does not go far enough and does not address a major problem at CFIA: the budget cuts that are forcing food inspectors to do their job with fewer resources.

When we discussed Bill S-11 at second reading stage, I informed my Conservative colleagues that we would move amendments in the Standing Committee on Agriculture and Agri-food. I had hoped that, in committee, with the evidence of expert witnesses and the time to concentrate on each clause, we could have a constructive, positive and honest discussion that would improve the bill. When I arrived here 18 months ago—time passes so quickly—I was somewhat naive. I believed that we would work together to improve things for Canadians. We were elected to protect the interests of Canadians, and I honestly believed that we would work together. That is not at all the case. It happens once in a while, but it all depends. On this file, it is not at all the case.

We moved a number of reasonable amendments that would have improved food safety in Canada, mainly by providing more clarity, preventing conflicts of interest, deterring companies' risky behaviour and providing more protection for CFIA workers and inspectors.

Since I have five minutes remaining, I will talk about the people who support our position, since there are many. The Standing Committee on Agriculture and Agri-food dedicated three meetings to examining Bill S-11, and since we did not have enough time to bring in witnesses, I often had to refer to what happened in the Senate.

If Bill S-11 had first gone to the Standing Committee on Agriculture and Agri-food, it would have been our pleasure to study it.

I will briefly explain what we want. But before I do that, I would like to say something about the crisis at XL Foods. We are not the ones who discovered the E. coli bacteria; it was the United States. It has mandatory testing that can detect the bacteria, which is not the case here in Canada.

Why does Canada not have that mandatory testing? I do not know, but that is something we are looking at.

I will now briefly explain what we want.

We want a comprehensive audit of the compliance verification system, as recommended by Sheila Weatherill.

We also want measures to adequately protect workers at meat processing plants who sound the alarm. We want to ensure that whistleblowers are protected.

We want to ensure that the CFIA has adequate resources and that it has the authority and independence it needs to do its job.

We want to strengthen the traceability requirements for meat, fish, fruit, vegetables—for all fresh foods.

We also want better and more transparent monitoring. During the E. coli crisis, there was a huge lack of transparency with respect to XL Foods, which was disappointing. We noted a lot of problems. In the House, we asked questions about XL Foods in order to understand what had happened, what would be done and what would be the future of the CFIA, but it was very hard to get answers. I think that transparency is very important, especially when it comes to food safety in Canada.

Although I did not talk about it, the question of labelling is also important. More and more, people want to know where their food comes from. They are increasingly curious about and interested in their food. Better oversight of labelling is therefore very important.

Those were our concerns.

Another person who agreed with our amendments was Neil Peacock, a member of the National Farmers Union board and a cattle producer from Sexsmith, Alberta. He remembers the 22 people who died and the 57 people who got sick during the listeriosis crisis in 2008 at Maple Leaf Foods. He wonders if the situation at XL Foods is not further proof that food safety and sovereignty in Canada are in danger.

I think there are lessons to be learned from all this. Yes, there were problems. Yes, perhaps some mistakes were made. However, I am thinking about the future, and Bill S-11, which I have right here, is a good bill if we bring in the amendments. We proposed 11 amendments, which I think are all good.

I am a little disappointed, but we will continue to think about the future.

Safe Food for Canadians ActGovernment Orders

November 19th, 2012 / 5:55 p.m.

Glengarry—Prescott—Russell Ontario

Conservative

Pierre Lemieux ConservativeParliamentary Secretary to the Minister of Agriculture

Mr. Speaker, as I was listening to my colleague's speech, she made reference to the fact that she felt that more time was needed for the committee to study this matter.

When I gave a speech earlier today, I pointed out that this bill has been debated over years but that in this last few months it has been debated in the agriculture committee both here in the House and in the other place.

When it comes to our agriculture committee, we had offered to the opposition, both parties, that we would sit whenever they felt we needed to sit in order to hear more witnesses and to have more time to study the bill if that is what they wanted.

I would like to know why the member is raising, now, that she needed more time when she did not raise it when we actually made a very sincere offer to sit additional hours as an agriculture committee in order to hear from more witnesses and to hear more testimony.

I am wondering if the member could answer that question here in the House.

Safe Food for Canadians ActGovernment Orders

November 19th, 2012 / 6 p.m.

NDP

Ruth Ellen Brosseau NDP Berthier—Maskinongé, QC

Mr. Speaker, I thank the hon. Parliamentary Secretary to the Minister of Agriculture for the question.

The lack of time was not the most important point in my speech. I talked about the 11 amendments proposed in committee.

However, this brings a question to mind. If we had had more time and had explained our amendments in greater detail, would you have voted in favour of them? Would you have agreed to one of our amendments if we had had more time? That is a good question.

Safe Food for Canadians ActGovernment Orders

November 19th, 2012 / 6 p.m.

The Acting Speaker Bruce Stanton

I would remind hon. members to direct their comments and questions to the chair.

The hon. member for Winnipeg North.

Safe Food for Canadians ActGovernment Orders

November 19th, 2012 / 6 p.m.

Liberal

Kevin Lamoureux Liberal Winnipeg North, MB

Mr. Speaker, there is no doubt that our food system is of critical importance to all Canadians. Former prime minister Jean Chrétien is the one who brought in the Canadian Food Inspection Agency. We recognize how critically important it is for a number of different reasons, the most obvious being food consumption. However, there are other benefits.

There was a sense of disappointment in how the government ultimately reacted to the most recent beef recall, which the member has correctly identified as the largest single beef recall in the history of Canada. However, it has a very profound impact in many different ways, not only on the health of Canadians but also on the industry and individuals who rely heavily on those quality jobs, and the loss of opportunities.

When we look at this bill, the member is right in saying that it does fall short, and we recognize that, but we also see that it is a step, although somewhat small, but still a step forward. We, therefore, will be supporting the bill.

In terms of the food safety system as a whole, yes it is important that we emphasize the quality of food products and the important role that it plays in there, but it also protects the industry as a whole. Could the member provide a comment on that?

Safe Food for Canadians ActGovernment Orders

November 19th, 2012 / 6 p.m.

NDP

Ruth Ellen Brosseau NDP Berthier—Maskinongé, QC

Mr. Speaker, quite a few things come to mind. I am new to the agriculture file. I have been here for about seven months so I am learning a lot and visiting a lot of farms.

We have a lot of rules and regulations in Canada and I know our producers and farmers work hard to meet these standards. However, when something like this happens, it is sad because they have done everything. When there are problems at the meat transformation plant after they bring in their animals that really hurts the producers. It also hurts when we try to sell our meat abroad in other countries. This has a big domino effect. We need to focus on having a healthy environment.

I have worked in restaurants. I have been a manager and I know the responsibility to create a good workplace environment. We need to have trust and transparency, and we saw a lot of problems with that in the XL Foods fall-out recently.

We have a lot to do and this bill is a step in the right direction, but when we are going to do something why not do it right? This bill will pass no matter what, and I will vote for it, but why not add our amendments? Why not make it as full and as good as it can be? We should give it our all.

Safe Food for Canadians ActGovernment Orders

November 19th, 2012 / 6 p.m.

NDP

Hélène LeBlanc NDP LaSalle—Émard, QC

Mr. Speaker, I want to thank my colleague for her speech and her work as deputy agriculture and agri-food critic.

I was very glad to hear her talk about the amendments that were proposed and unfortunately rejected at the Standing Committee on Agriculture and Agri-Food. One of those amendments consisted in creating a workplace where workers feel safe and able to report any potential breaches where working conditions are difficult and where 4,000 animals might be slaughtered in one day. That is a lot.

How does she explain that the government rejected an amendment that would have created conditions conducive to the protection and safety of food?

Safe Food for Canadians ActGovernment Orders

November 19th, 2012 / 6:05 p.m.

NDP

Ruth Ellen Brosseau NDP Berthier—Maskinongé, QC

Mr. Speaker, I want to thank the hon. member for her question.

It is very important, because what we saw at XL Foods revealed a major lack of transparency. I felt like I was working in the dark because we kept asking questions, but we never got any answers. Where is the ministerial accountability of the Minister of Agriculture and Agri-Food? I do not think he had any then.

We must protect whistleblowers at processing plants. The Conservatives justified their position by saying that this was not necessary since it already exists in the Criminal Code and that is enough. After seeing what we saw, we know that it is not enough. People felt very vulnerable. They were not comfortable saying that they saw a problem and that something needed to be done.

Whistleblower protection would help them. It would create a healthier, more transparent environment. That is exactly what we need when it comes to food safety: transparency and safety.

We must stand up for our workers with the proposed amendments.

Safe Food for Canadians ActGovernment Orders

November 19th, 2012 / 6:05 p.m.

Conservative

Bev Shipley Conservative Lambton—Kent—Middlesex, ON

Mr. Speaker, it is an honour to ask a couple of questions. I was on the committee when the Weatherill report was put together, in which 57 recommendations were made, and the government has now moved on them, as we know.

I am on the international trade committee right now. Just after the XL issue, the committee heard from delegates from Japan and some government people. We are working to build a trade agreement with Japan but, as we all know, Japan requires and demands premium products.

The XL Foods issue just occurred. How does that affect Canada's reputation on the world stage? Canadians recognize that we have some of the safest food in the world and that there is a process in place that ensures our food is safe. When I asked if this was a detriment to us in terms of moving forward, the answer was that it was not because we have a safe food program in place. It is a positive thing when talking about international trade.

I am wondering if the member would comment. Canada is looked at as a leader and the member is saying that it is not. She seems to be concerned that we do not have safe food in Canada.

Safe Food for Canadians ActGovernment Orders

November 19th, 2012 / 6:05 p.m.

NDP

Ruth Ellen Brosseau NDP Berthier—Maskinongé, QC

Mr. Speaker, I thank my colleague for his question.

In Canada, we have strict rules. Our food safety system is good, but without a doubt nothing is perfect in life. In light of what happened at XL Foods, I believe that there was a problem at the plant, a problem at CFIA and perhaps also a problem with the number of inspectors. There were a number of problems. However, it is obvious that there was a lack of transparency. We do not know what happened. I believe we have lessons to learn from what happened at XL Foods. We can do better. It was an important lesson. So why not accept our amendments in order to do better?

Our food safety system is good, but we want it to be better. The opposition members are the only ones speaking today. I believe we had a few questions from the Conservatives, which is good, but why are they not talking about this important bill?

If this is a concern for them, I would like them to talk about this important food safety bill that affects all Canadians.

Safe Food for Canadians ActGovernment Orders

November 19th, 2012 / 6:10 p.m.

NDP

Pat Martin NDP Winnipeg Centre, MB

Mr. Speaker, I have read the bill that the government has named the safe food for Canadians act. I also took the time to read the Library of Parliament briefing notes that were made available in association with the bill for the assistance and guidance of the committee. I read the explanation of the bill through clause-by-clause analysis and also the House notes prepared by my colleague, the member of Parliament for Welland, who I should stop and recognize and pay tribute to for the work he has done in representing the interests of Canadians in the pursuit of true safe food for Canadians legislation. It might give them some comfort to know that there are committed advocates on the opposition benches who are seeking to address the lamentable situation of the food inspection regime in this country.

Having gone through those various stages of familiarizing myself with the bill, the first and most striking thing is something that has not come up at all in any of the speeches. I even listened to the rather vapid platitudes of the parliamentary secretary in the speech that he made regarding the bill, but no one has pointed out the elephant in the room and that is the front page, the cover of Bill S-11. Any member of Parliament in this place who considers himself or herself a true democrat, surely should be offended by the fact that we are standing here today at this late hour on Monday afternoon in Ottawa in the House of Commons, in the elected chamber, dealing with a piece of legislation that comes from the unelected, undemocratic, unaccountable chamber, the Senate of Canada.

No one elected senators to make legislation for Canadians. I argue they have no right to generate legislation from the other chamber. I argue that as members of Parliament if we had any dignity or self-respect, we would bar the legislation at the gates of the door here. We would ask the Sergeant-at-Arms to block them, to tie the doors and stop the introduction of pieces of legislation such as this into the chamber because it has no business being here. Senators have no right.

If there ever were any semblance of utility to that place, if we could even believe at any given time that there was some value to the Senate of Canada, they forfeited that in the last Parliament when they unilaterally and arbitrarily, I would argue, jettisoned two of the most worthy pieces of legislation I have ever had the honour to work on in this chamber. One of them was the only piece of climate change legislation in the Parliament of Canada, a western, developed nation with no position on climate change. Through five years of laborious negotiation and give-and-take, we passed a piece of climate legislation through the House—

Safe Food for Canadians ActGovernment Orders

November 19th, 2012 / 6:10 p.m.

The Acting Speaker Bruce Stanton

Order, please. The hon. Minister of State for Western Economic Diversification on a point of order.

Safe Food for Canadians ActGovernment Orders

November 19th, 2012 / 6:10 p.m.

Conservative

Lynne Yelich Conservative Blackstrap, SK

Mr. Speaker, do you think that has relevance to food safety? I would ask you to please use your own discretion and judgment on this.