Bill C-18 (Historical)

Agricultural Growth Act

An Act to amend certain Acts relating to agriculture and agri-food

This enactment amends several Acts in order to implement various measures relating to agriculture.
It amends the Plant Breeders’ Rights Act to amend certain aspects of the plant breeders’ rights granted under that Act, including the duration and scope of those rights and conditions for the protection of those rights. It also provides for exceptions to the application of those rights.
It amends the Feeds Act, the Fertilizers Act, the Seeds Act, the Health of Animals Act and the Plant Protection Act to, among other things,
(a) authorize inspectors to order that certain unlawful imports be removed from Canada or destroyed;
(b) authorize the Minister of Agriculture and Agri-Food to take into account information available from a review conducted by the government of a foreign state when he or she considers certain applications;
(c) authorize the Minister of Agriculture and Agri-Food to issue certificates setting out any information that he or she considers necessary to facilitate certain exports; and
(d) require that a registration or a licence be obtained for conducting certain activities in respect of certain feeds, fertilizers or supplements that have been imported for sale or that are to be exported or to be sent or conveyed from one province to another.
It also amends the Agriculture and Agri-Food Administrative Monetary Penalties Act to, among other things, increase the maximum limits of penalties that may be imposed for certain violations.
It amends the Agricultural Marketing Programs Act to modernize the requirements of the advance payments program, improve its accessibility and enhance its administration and delivery.
Finally, it amends the Farm Debt Mediation Act to clarify the farm debt mediation process and to facilitate the participation of the Minister of Agriculture and Agri-Food in the mediation process when that Minister is a guarantor of a farmer’s debt.

Agricultural Growth Act

[Mark Eyking, Liberal, Sydney—Victoria, NS]

Mr. Speaker, it is great to stand in the House today to talk about Bill C-18. For many of the listeners out there, if they are from the farming community or they just like food and are trying to figure out what is in Bill C-18, I am going to do a little more explaining in the next 20 minutes about the bill and about some of the things that I and the Liberals had a problem with, as well as some of the things we agreed with.

The bill would amend nine separate pieces of agriculture-related legislation affecting plant breeders' rights as well as feed, seed, fertilizer, animal health, plant protection, monetary penalties, agriculture marketing programs, and farm debt mediation. There is a lot in the bill. That is why we are saying it is an omnibus bill. It would have been helpful if, in the 10 years the Conservatives were in power, they could have done some of this beforehand and perhaps split some of this up so that we could have had meaningful legislation.

However, that being said, there is a lot in this bill, and it is needed. The bill is needed. It is needed for today's modern agriculture and for our farms and our food industry. It largely appears that the bill attempts to streamline regulatory processes affecting farmers and the agriculture industry more broadly.

Bill C-18 would amend the Plant Breeders' Rights Act to amend certain aspects of the plant breeders' rights granted under the act, including the duration and the scope of those rights and the conditions for the protection of those rights. It would also provide for exceptions in the applications of those rights. That sounds complicated, but that is where it is.

It would amend the Feeds Act, the Fertilizers Act, the Seeds Act, the Health of Animals Act, and the Plant Protection Act. A lot of different acts would be affected by this one bill.

It would authorize inspectors to order that certain unlawful imports be removed from Canada or destroyed. If a P.E.I. farmer, for example, bought some diseased seed potatoes from another country, we would want to be able to destroy that product. The member from P.E.I. would understand this, because he was a seed producer before. That is one part of it.

It would authorize the Minister of Agriculture and Agri-Food to take into account information available from a review conducted by the government of a foreign state when he or she considers that applicable. For instance, let us say we were looking at a product that was good for our farms. Let us say it was an organic product, for instance. If a peer review was done in Europe or in the United States and our farmers needed it, the Minister of Agriculture and Agri-Food could use that information as he or she sees fit. That is another good part in the bill.

It would require that a registration or a licence be obtained for conducting certain activities with respect to certain feeds, fertilizers, and supplements that have to be imported for sale. We have seen this problem recently with the hog industry. Some supplements were coming in that were questionable. Through this bill, we would have legislation that would allow the minister to intervene if something was brought in as a supplement that was not suitable for our industry.

It would also amend the Agriculture and Agri-Food Administrative Monetary Penalties Act. Among other things, it would increase the maximum limits of penalties that could be imposed for certain violations. I will talk about this aspect later, since we have a little problem with this one. As I said in my some of my questioning of the government, even the Cattlemen's Association has a problem with how this whole penalty and violations business would really change the CFIA's role to being more of a referee than a coach. When I was in farming, when the CFIA inspector would come, many times it would help us improve our productivity and help us to have a better product.

I see some of where the Conservatives are going with this part of the bill. It is a bit more about having big penalties and hitting the farmers with them, or anybody producing food, instead of helping them produce a better product and a safer product. Therefore, we have a bit of a problem with that one.

Bill C-18 would amend the Agricultural Marketing Programs Act to modernize the requirements of the advance payments program in an effort to improve accessibility and enhance its administration and delivery. I will talk about that later. There are quite a few changes in that area. Overall, they are pretty good. The amounts could have been increased, but I think some of the other changes are really applicable to today's farming.

As I go through this, listeners out there will find that there are many parts of this bill that the Liberal Party agrees with and want to move forward and that there are some parts we have some problems with.

The bill would amend the Farm Debt Mediation Act to clarify the farm debt mediation process and to facilitate participation of the Minister of Agriculture and Agri-Food in the mediation process when that minister is the guarantor of a farm debt. In this way, the minister could have some discretion in the mediation process.

As members can see from the many amendments, this omnibus bill has caused some concerns among farmers because there is so much in there to digest and because the repercussions are big. Therefore, we must carefully investigate each of these acts that would be affected. I believe it is important to give people a look at exactly what changes would be made. I figure my best role in my 20 minutes here this morning is to tell people exactly what is in the bill, especially if they are in the food business, so that they have a better understanding.

One of my concerns as the Liberal agriculture critic is the sheer scope of what is being dealt with in this omnibus legislation. The more broadly based the proposed changes are—and in this case, they cross into many areas and many regulatory issues and industry standards—the more difficult it is for people to get their heads around all of it. We have seen that the government has a tendency to just push all this stuff through. It could have been done a little differently and a bit better. We, the opposition on this side, could have helped the Conservatives, but I think it might have hurt their pride, because they had a problem accepting any of the amendments from this side. If any party that is in power really wants to make Parliament work, it would accept ideas from other parties to make the legislation better and to have a made-in-Canada approach. We do not see that happen very much here.

I would also like to highlight more details of some of the other aspects in this bill. One that has been brought up and is the most contentious is the Plant Breeders' Rights Act. Anybody who is listening for the first time would probably wonder what we are talking about in the House of Commons today, but there need to be some changes in this area. If we are to compete with the rest of the modernized world or the western countries that are producing a lot of food, it is only fitting that we have a new system in place.

The old UPOV '78 was just not what it should have been. We needed a more modern approach, and that is what UPOV '91 is. It puts us up there with the other big producers of food and seeds around the world and it helps our farmers. However, there were some problems with it, and we put amendments forward.

It is quite a step for Canadian farmers. We had many witnesses who came forward on both sides of this issue. Smaller growers, organic growers, or growers who just had certain seeds or certain varieties that were unique to a region or an area were worried that they might lose that variety or that somebody might technically steal it. I think some of what is in the bill would protect them.

There was also a lot of opportunity pointed out during committee. We heard from landscapers and horticultural people. Other groups came forward and said that if growers or plant breeders came out with a certain variety of grain that grew well in Quebec, it might grow well in some Scandinavian countries too, so they could be selling that seed someday, and this system would help. The landscapers and horticultural people talked about how they could come up with varieties of roses in Canada, which I think they are doing right now, that they could sell to the northern United States as well as other places. They wanted to know if they would be protected.

There is a lot in this bill. It is a modernization, but I think we could have done both. We could have had a modern bill for plant breeders and farmers, but we also could have put a little more teeth into the protection of small farmers so that they would not be faced with court decisions and the like to protect their seeds. There were some amendments, but I do not think they went far enough.

The bill also proposes that the Canadian Food Inspection Agency be authorized to consider foreign reviews, which I mentioned already. That is a good thing.

The bill also speaks to licensing and registration. It would increase monetary penalties for violations and provide stronger controls at the border for agriculture products. That is key, because what happens at our borders is important. I was talking to some farmers this morning who are associated with Chicken Farmers of Canada. Chicken is coming into Canada that is not supposed to come into this country. We need stronger controls at our border to check on what is coming in, not only to protect our farmers, but to make sure that a product is safe. Having stronger controls at the border for agricultural products is also a good thing.

The bill would also amend the Agricultural Marketing Programs Act and the Farm Debt Mediation Act. Some of the proposals relate to the delivery and ease of the advanced payments program for producers. There is quite a bit in the bill with respect to that. Most of the debate on this legislation has been about the limit. The Canadian Canola Growers Association mentioned that the limit, which is how much farmers can borrow, is too small.

The advanced payment program was set up by the Liberals many years ago. Let me explain what this program is about. As a result of a farmer spending a lot of money in the spring to harvest a crop, that farmer might need money in the fall, and that is where the advanced payment program comes into play. Farmers sometimes sell their crop too quickly just to get some cash flow. The advanced payment program was set up to help farmers with their cash flow. Of course, any amount that they received they would have to pay back, and 99% of all farmers do pay it back. It is a really good program. Most farmers are honest and they work hard, and they do pay back any money that they receive. They might have a crop failure or various things could happen, but they do manage to pay it back. That is what the program is all about.

The Canadian Canola Growers Association told us that a limit of $400,000 was not enough. It suggested that the limit should be $600,000, taking into account the size of many farms today. I recently visited Manitoba, and the amount of investment that farmers have put into their farm operations is unbelievable, whether it is on machinery or something else. We have to take into account how much money needs to be available.

Other changes in the legislation are with respect to the delivery of the advanced payment program and making it easier to deliver to farmers. The bill would allow for multi-year advanced guarantee repayment agreements upon delivery. In other words, the bill would make it more flexible. For instance, if a farmer cannot sell a product within one year, multi-year payments could apply. A farmer could face a disaster and be forced to wait for over a year to sell a product. This is a big part of the legislation.

I would like to go back to where we were with the plant breeders and some of the things that the Liberal Party wanted to include in this legislation.

Some farmers are worried about being limited in the right to save their seeds. This is where the language of the bill comes into play. The legislation talks about the right to save, reuse, exchange, and sell seeds. The Liberals proposed an amendment to this part of the bill. One of the things that really struck us first, and something that a lot of farmers are concerned about, and I can understand why, is that under this legislation saving seed would be considered a privilege. That wording did not sit right with a lot of people, especially farmers. Privilege means that someone could take seeds away from a farmer. It is like having a licence taken away at any time. That set this part of the bill on the wrong foot right off the bat. The Liberal Party pushed for it to be considered a right rather than a privilege, thereby allowing farmers to have that right. When it is considered a right, they are innocent until proven guilty, but if it is considered a privilege, it would seem to be the other way around.

We tried to get more clarification. The government did change the wording a bit, but we were hoping that it would have been a bit stronger and provide more protection to farmers. That did not happen, so we had to move on.

The bill would increase the areas along the value chain and within the seed reproduction chain where plant breeders can collect royalties.

At the end of the day, it was not that the farmers were concerned. The biggest concern they have is that they buy the registered seed, and they should pay a premium if it is really good seed. However, when they take that seed and grow a crop out of it, as farmers, they might say that was a good seed and they would like to use some of it next year. That should be allowed for in the bill. It is stated in the bill now that they are allowed to do that, but it was a big concern.

Plant breeders who come up with this good grain, from which it took years to make the seed, would want their royalties from it, like anybody else who produces a product. As long as that farmer was not going to sell the seed, they would not be penalized. However, the language was vague and we wanted to strengthen it. We got some of that, but it was not exactly where we wanted to go with the whole thing.

There is another part of this bill where the CFIA, the Canadian Food Inspection Agency, has a stronger role in dealing with products. The CFIA intends to utilize our bill to develop regulations, setting conditions around farm-saved seed and compulsory licensing that must continue and engage a farm commodity.

I would like to explore the amendments to the Agricultural Products Marketing Act and the advanced payment program in Bill C-18. We are going to move on from the Seeds Act to the marketing act. Many of the specifics are yet to be determined, but the Canadian Federation of Agriculture has been working with the government, and it sees the merit of a lot of these changes.

I will list some of they key amendments to the marketing products act and the advanced payment program. They are as follows:

Program administrators will now have the ability to provide advances on any commodity and in any region, with a number of limitations. Any program provider wishing to broaden their portfolio will be required to have the respective support of producer representatives within that commodity and/or region.

That makes sense.

There are also multi-year agreements, which I alluded to before on advance payments. This change will do the following:

This will allow for multi-year agreements.... This will be one of the first changes implemented, with no regulatory amendments required, and will reduce administrative burden for those applying to the program in consecutive years.

That sounds pretty good. There are also repayments without proof of sale. It says the following:

This will allow repayment scheduled suited to the perishability of non-storable crops and will allow for cash repayments where the pledged product is not sold, so long as the administrator is satisfied that the quantity of product on-farm covers the value. All advances must still be paid by the agreed due date, but this will allow producers to avoid having to sell product at inopportune times just to meet repayment requirements.

That is what I mentioned about the advanced payments and how it would be good for farmers. It is good that they would not have to sell their product right away. In this part of the act, it states that we are not just talking about grain farmers. If a potato farmer took a long time to get the crop and a lot of inputs, this advanced payment would also broaden into other commodities, like potatoes, where a farmer might be better off selling potatoes in March instead of November. This advanced payment would cover that as well.

Another part has to do with new means of repayment. It says:

Regulatory power will be given to the Governor in Council to define new means of repayment, which will be developed in consultation with industry. This offers the potential to provide greater flexibility for unique situations like farm liquidation.

That says a lot, but at the end of the day, it is flexibility. It is flexibility if a farmer has a certain situation where they cannot sell it within one year of the crop. Let us say that there is an accident or something happens, it gives that flexibility for repayment processes, which is also a good thing.

Another part is about producer eligibility. It says:

Producer eligibility will be expanded beyond those “principally occupied” in the farming operation, allowing farmers with significant off-farm employment to also access the program.

This is a good one. As I said, there are parts of this bill that are good, but that part is for small farmers or new farmers who cannot make all of their living from their farms. They would be eligible for advanced payments where they were probably not eligible before. It would give a start for them to move on.

The other part of the bill is on the whole subject of advance payments. As I stated, the amount does not reflect the reality of agriculture right now. We should have at least gone to $600,000. Some would even go to $800,000. We could have found a median somewhere in the middle that would have worked, but a $600,000 advance payment would have been good.

I have explained most of the bill. A lot of the time we have focused on just one part of the bill, the Seeds Act, but I think we have explained to the public a little more about what is in the bill.

There is a lot in the bill that is good. The Liberal Party will be voting for the bill because there is much in the bill that we want the farmers to have. When we are in power next, perhaps we will take care of what was not done properly and put more in there for small farmers.

[Wayne Marston, NDP, Hamilton East—Stoney Creek, ON]

Mr. Speaker, considering the licensing and registration systems and the fact that it will add the need for additional resources at Agriculture and Agri-Food Canada, and considering the government's record in the last couple of years of budgeting for departments but then not delivering the budgeted money, we have a concern that will cause delays in licensing and registrations, as well as in enforcement. I would like the member's comments on that point.

[Mark Eyking, Liberal, Sydney—Victoria, NS]

Mr. Speaker, is the member alluding to the same problem we are seeing with Veterans Affairs, that the money is earmarked and then it is not spent?

[Laurie Hawn, Conservative, Edmonton Centre, AB]

It was not asked for.

[Mark Eyking, Liberal, Sydney—Victoria, NS]

Mr. Speaker, we have not had the final figures yet on how the government spent it.

I just hope that the government is not doing the same with the farming industry as it has with many others. It is encouraging its administrators to not let the money flow and not let things happen, so it can pad the books and make its budget look good.

We are finishing the harvesting season right now, and we should know in the next few months if the government has good intentions with advance payments for the agriculture industry. There were a lot of crops out west that had problems this year. We are going to see how the program is rolled out and how good the Conservative government is at helping farmers.

In regard to the hon. member's question, we will know in the next few months if the government is doing a proper job, or whether it is doing like many other departments, which is holding back the money from hard-working men and women.

[Bob Zimmer, Conservative, Prince George—Peace River, BC]

Mr. Speaker, I would like to recognize the hon. member across the way. We serve on the agriculture committee together. We like to work together on issues, and I want to ask the hon. member a question.

We talk about breeders' rights. We heard a lot of witnesses speaking to what we need in terms of a modern-day plant breeders' rights system, and UPOV '91 addresses that. There have been a lot of concerns around this in terms of what farmers can and cannot use, but there is a lot of misinformation out there. I would like the member across the way to reiterate what we heard from most witnesses about UPOV '91 and their support for it.

[Mark Eyking, Liberal, Sydney—Victoria, NS]

Mr. Speaker, as I mentioned in my speech, the horticulture and the landscaping industries were talking about varieties of roses that we could develop here. There is no doubt that there is a whole lot that is good in the bill for Canadian farmers. However, it is only going to be good if the money is there for research. If we are going to have the research in our country and come up with new varieties, so be it.

There were many groups that came forward, and there were two items. One was that with global climate change and various things, we need to continue to have better varieties. Also, we are positioned well to be selling varieties of plants all over the world.

What I am concerned about is smaller farmers getting pushed around a bit and not having the legal advice or legal wherewithal to protect themselves. If there is one thing that I would like to see added to this, it is to have a kind of ombudsman, so that if a small farmer feels he is not being treated right and does not have the capacity to take on the big guys, that we step in. That is what I see is lacking here.

The proof is in the pudding. It is about how this is going to roll out. A lot of small farmers do not have the money to defend themselves. There is a part here for an ombudsman, or someone, so if they have a complaint if they are treated wrong about their seed issues, someone will take that up for them.

There was a lot of support from witnesses for that part of the bill.

[Malcolm Allen, NDP, Welland, ON]

Mr. Speaker, my friend talked a bit about public research. I would like him to elaborate a bit more. The bill would allow public research with patented material up to a certain level, but not for commercial use. People could not actually commercialize it if they used it. If they could not actually make money from it, and there has been a decrease in public dollars actually going into public research, does the member have any fear or concern that the public research piece of the balance may actually decline? Where does he see it going? Even though they could get the material from a private company, they could not commercialize it, because it would be explicit that it was for non-commercial use.

Does the member see any threat to public research in the sense that there is a lot of stuff to work with but nothing to do? What effect would that have on farmers, ultimately?

[Mark Eyking, Liberal, Sydney—Victoria, NS]

Mr. Speaker, there is no doubt that the Conservative government has a track record of cutting research. The other problem we have to watch, if the research is commercial, is whether the big companies are doing it and the government is ponying up money.

Recently I was at the agricultural college in Truro, and I saw the research being done there with public dollars. It was amazing. Just on the blueberry industry alone it was on spraying equipment, reduced pesticides, and varieties.

At the end of the day, we have to have a good research program in this country, one that is publicly funded. Not always is the best research commercialized, big-company research. A lot of research can be done. In Newfoundland, they have the cold-crops research place. Without public money going in, it would never happen. No matter where one is in this country, we need public research and public funds going into it, or we are just going to have big companies like Monsanto taking over all the research.

[Scott Brison, Liberal, Kings—Hants, NS]

Mr. Speaker, I thank my colleague for his thorough speech on this legislation. He is an expert, of course, on agriculture, with his background, and he brings a lot to this House in terms of that experience.

The member just spoke of the importance of research. I want to ask him a specific question about the research being done in the Annapolis Valley at the Kentville research station. In recent years, we have seen, through attrition, a reduction in the number of researchers working there. They are not being replaced at retirement.

Given the member's experience in horticulture, does he agree that regional, decentralized research is essential to the future of industries, whether it is the apple industry or the growing grape and wine industry? The research done in the Annapolis Valley is going to render a different result than that done in the Okanagan Valley or in Prince Edward Country in Ontario or in the Niagara region. As such, should we not be focusing more on regional research as opposed to centralizing it, which seems to be the trend with the current government?

[Mark Eyking, Liberal, Sydney—Victoria, NS]

Mr. Speaker, I thank the member for Kings—Hants for that question. He has one of the nicest areas to visit at apple blossom time or any time of the year.

The first time I visited that research station, I was 19 years old. I was in agricultural college, and I was amazed, and I am still amazed by what the researchers do in Kentville. When I was there first, they were doing research on potatoes for the valley and the type of soil they had there. Ten years later, when I went there, they were doing research on apples, and they came out with varieties that transformed the whole apple industry in the Annapolis Valley, which was amazing. It brought the apple industry back. Now when I go there, they are doing grape varieties and other varieties of fruit and vegetables that are very important for the Atlantic region and the valley region. That is key.

We have two things. We have climate change and we have consumer tastes changing. It is hard to believe, but where all those potato fields could have been, where they were doing research, now we see vineyards all through the Annapolis Valley, and it has become one of the fastest-growing areas.

It is key to have that research. It is one thing to bring people in and invest money in agriculture in the area, but they need research and people to help them with varieties, soil tests, and whatever needs to be done. That is a very important point the member for Kings—Hants made. If we do not continue to have that, these pockets of our country are not going to have the environment for agriculture we have seen over the years. We are going to lose it, because research in certain areas is not applicable to other areas.

[Bob Zimmer, Conservative, Prince George—Peace River, BC]

I would first like to say that my thoughts and prayers go out to Pat Quinn's family for their loss today. He was a great Canadian.

Mr. Speaker, I stand today to express my support for Bill C-18, the agricultural growth act. This is a well-informed bill.

The proposed legislation is the result of extensive consultation with Canadian farmers, producers, and the organizations that represent them. In my view, this is the mark of a progressive, responsive, and responsible government. It is one that identifies, reviews, and establishes laws, policies, and programs in collaboration with the citizens most likely to be affected.

I support Bill C-18 because it would foster the continued growth and maturation of this country's agriculture and agri-food industry. One of the ways the proposed legislation would achieve this is by supporting the Canadian Food Inspection Agency's modernization and transformation agenda.

To fully appreciate the last point requires a good understanding of the larger context.

The CFIA is dedicated to safeguarding our food supply, along with animals and plants that contribute to that food supply. Ultimately, the CFIA serves to enhance the health and well-being of Canada's people, environment, and economy.

The Government of Canada established CFIA in 1997 as the federal agency responsible for the regulation and enforcement of key food and agriculture legislation. Prior to that time, several departments and agencies shared responsibility for this legislation.

Since the agency's inception in 1997, almost 20 years ago, there have been many significant changes in the agriculture and agri-food sectors across Canada and around the world. These changes include dramatic increases in crop yields due to advances in science.

In general, farms are getting larger, and economies of scale continue to grow. Land that produced enough to feed only 10 people a century ago can today feed more than 120. That is a dramatic increase.

Another significant change is the growth of international trade in agricultural products. Today Canadians regularly eat foods produced in countries around the world. In Canada's agriculture and agri-food industry, the focus is more and more on international markets. Last year, in 2013, the value of Canada's agriculture and food exports set a new record, topping $50 billion for the first time in our history.

The legislation now before us would modernize existing statutes and support the CFIA's transformation so that it could provide the best and most efficient and effective service possible.

The next step is up to us in Parliament. By endorsing the legislation before us, members of this House can help make sure that Canada's legislation remains in step with modern processes and practices. Here is why.

Some of the laws Bill C-18 proposes to amend date back to the 1950s. Although they have served Canada well, they must be updated to support further progress to help our home-grown entrepreneurs harness innovation, add value, and create jobs and growth right across this country.

According to stakeholders who appeared before the House standing committee, Canadian farmers spend as much as $4 billion each year on fertilizers. That is more than they spend on any other crop input. It is estimated that without fertilizer, crop production in Canada would decrease by half.

The Feeds Act and the Fertilizers Act provide the legal basis for the regulatory framework that govern the use of fertilizers. During his testimony in committee, Mr. Clyde Graham, acting president of the Canadian Fertilizer Institute, had this to say about the current state of the regulatory framework:

The federal regulatory system has served the industry well for 50 years. It has ensured a science-based and consistent regulatory environment for fertilizers and supplements, which emphasizes the principles of safety and efficacy for all products.

...That being said, the fertilizer and supplement industry supports new provisions in the bill that would enable tools such as incorporation by reference, licencing, export certificates, and acceptance of foreign equivalent scientific data.

Bill C-18 includes the provisions and tools Mr. Graham referred to in his comments. The proposed legislation now before us proposes new, broader controls on the safety of Canada's ag inputs through the licencing and registration of feed and fertilizer manufacturers.

I would like to share another relevant comment from a stakeholder who appeared before the committee. Reg Schmidt is with the Feeder Associations of Alberta, and this is some of what he told the committee:

When the Feeder Associations of Alberta was first notified last fall of the new set of amendments, we were not anticipating this exceptional amount of change that is being proposed. We were thinking more of a lipstick and makeup approach. Instead what we got are a very well thought out set of amendments that bring another round of comprehensive updates to an otherwise excellent program

As Mr. Schmidt pointed out, Bill C-18 involves a series of improvements. Among other things, the legislation proposes to authorize CFIA to license or register fertilizer and animal feed operators along with facilities that import or sell products across provincial or international borders. This would enhance the current system under which feed and fertilizer products are typically registered. Adding the provision to license or register facilities and operators would provide a more effective and timely approach to verifying which agricultural products meet Canada's stringent safety and other standards.

This approach would allow for better tracking and oversight of production processes and the products being produced, a more efficient system that identifies issues early, and a faster response if and when a product recall was required.

To license or register feed fertilizer facilities and operators, regulations would have to be developed. The government would work closely with stakeholders to design an effective regime.

It is important to recognize that the new requirement would not apply to farmers who make these products for use on their own farms. It would only apply to businesses that sell their animal feed and fertilizer products across provincial and international borders.

It is also important to note that the proposed amendment would better align Canadian legislation with that of our international trading partners and would help our feed and fertilizer industries maintain their export markets, especially in the U.S.

Bill C-18 also proposes to address international trade in agricultural products in another way: by strengthening border controls for agricultural products.

Bill C-18 would authorize CFIA inspectors to order imported shipments of feeds, fertilizers, and seeds out of Canada if they failed to meet legal requirements. This would be similar to the provisions already in place that authorize the CFIA to order imported plants and animals removed from Canada if they do not meet legal requirements.

The CFIA already takes action now and sometimes seizes illegal products related to animal feeds, seed, and fertilizers. Under the current process, after seizure the CFIA assesses the ability of the importer to bring the products into compliance. Where this is not possible or where the importer refuses to fix the non-compliance, the CFIA may have to destroy or dispose of the product, sometimes at taxpayers' expense. In some cases, court proceedings may be launched. While this process works, it sometimes leaves Canadians paying the bill for the disposal of illegal products that have been seized.

Bill C-18 would give CFIA inspectors the ability to allow the importer to fix the problem in Canada but only if it was not a matter of safety and if they could be sure that the issue would be addressed properly and in a timely manner.

The legislation would also provide the agency with even stronger tools to protect Canada's plant and animal resource base. It would also provide additional reassurance that imported agricultural products met Canada's strict requirements. For Canada's farmers it would mean that they would compete on a level playing field.

Now I would like to again touch on the issue of UPOV '91. The Canadian Food Inspection Agency consulted broadly on plant breeders' rights. The agency conducted formal consultation sessions across Canada and received valuable feedback from plant breeders, farmers, horticulturalists, seed dealers, and the general public.

The feedback led directly to a series of proposed amendments that would increase investment in plant breeding in Canada and would encourage foreign breeders to protect and sell their varieties here. The amendments would also align the rights of Canadian plant breeders with those of their counterparts abroad.

This would effectively level the playing field for Canadian farmers and give them greater access to innovative new varieties bred to enhance crop yields, improve resistance to disease and drought, and meet specific market demands. It is what farmers want. In other words, the amendments would support the continued success of Canada's agricultural producers.

Amendments in the proposed legislation would also explicitly recognize the traditional and popular practice known as farmer's privilege. The practice involves saving, conditioning, and replanting seed generated from protected varieties grown on Canadian farms.

As members will be aware, a further amendment has been brought forward on the issue, one that makes the language in the act explicitly clear that storage of seed is included in farmer's privilege. This amendment, once again, shows that the government listens and responds to farmers.

Canada's farm community is very supportive of the reforms proposed in Bill C-18. For instance, the Canadian Federation of Agriculture, Canada's largest farm organization, posted a page on its website entitled, “C-18 is Good News for Farmers”. Indeed it is. The page includes a quote from federation president Ron Bonnett, as follows:

The proposed changes reflect a number of recommendations made by industry over the years and showcase the government has been listening. We're pleased the government has taken action and followed-up in a concrete way with legislative changes and formal consultations on these proposed amendments.

That is a certainly a ringing endorsement. The federation's web page also points out that the proposed legislation will boost innovation in the agricultural sector and inspire more farmers to plant new crop varieties. The bill is designed to modernize Canada's agricultural legislation and encourage innovation in the sector.

Joe Brennan, chair of the Canadian Potato Council, said the following about Bill C-18 and what we did as a government at committee stage:

The proposed amendments will encourage the development and availability of superior potato varieties that will further enhance the competitiveness of the Canadian potato industry.

Keith Kuhl, president of the Canadian Horticultural Council, emphasized that the proposed legislation would make Canadian companies more competitive internationally. He said, “Ensuring that our plant breeders' rights regulations are aligned with our global trading partners is imperative.”

We heard more of this support from witnesses at the Standing Committee on Agriculture and Agri-Food.

The Agricultural Marketing Programs Act was enacted more than 15 years ago. The act requires that the Minister of Agriculture and Agri-Food, in collaboration with the Minister of Finance, review the effectiveness of the legislation every five years. The last review was completed nearly two years ago and a report on the review was tabled in the House in November of 2012.

The review included a series of activities during the spring of 2011. For instance, stakeholders participated in a series of nine engagement workshops held in communities across the country. The sessions attracted a cross-section of Canada's agriculture industry, producers and administrators, along with representatives of producer organizations and financial institutions.

During the sessions, the stakeholders freely expressed their views on both the act and on the program that it authorized. Participants discussed program relevancy, performance, operations and delivery. They outlined specific strengths and weaknesses, and provided suggestions for potential improvements.

The review also involved a targeted survey. Questionnaires were sent out to approximately 3,000 producers who participated in the advance payments program, also known as APP, in 2008. These engagement sessions and questionnaires led directly to many of the proposed amendments to the Agricultural Marketing Programs Act included in Bill C-18.

In general, the amendments would reduce the administrative burden that producers and producer organizations must bear to participate in the program. More specific, the amendments would provide additional ways for participants to repay their loans. They would also broaden the criteria used to determine eligibility in the program and foster multi-year advance guarantee and repayment agreements, with administrators to streamline delivery.

I now wish to talk about the consultations with stakeholders that took place to inform the proposed amendments in another key part of Bill C-18, the Plant Breeders' Rights Act, administered by the CFIA. These stakeholder views are positive and tell only part of the story of Bill C-18. This is because the proposed legislation will inspire further consultations as resulting regulations are readied.

This government remains committed to consulting in order to determine the best path forward for farmers. Should the legislation now before us receive royal assent, some changes will come into force almost immediately, while others will be phased in or require regulatory amendments.

The overarching goal of the agricultural growth act is to strengthen Canada's agriculture and agri-food industry in a way that protects our food supply and promotes economic growth. Bill C-18 proposes to achieve this goal by ensuring that Canada's legislative framework is effective, innovative and nimble enough to deal with 21st century realities. Updated, streamlined and harmonized legislation would benefit Canadian farmers and industry, support the Government of Canada's and CFIA's modernization initiatives, and meet the interests of Canadians and Canadian farmers.

I encourage my hon. colleagues to join me in supporting Bill C-18.

[Kevin Lamoureux, Liberal, Winnipeg North, MB]

Mr. Speaker, I appreciate the comments put on the record by the member opposite, but I have a question with regard to an issue on the Prairies. Other colleagues of his have made reference to Manitoba's pork industry. This legislation deals with the exportation. There are great opportunities in Manitoba's pork industry, but there have been some issues with the federal government in being unable to get support with respect to temporary foreign workers, in particular, the Brandon plant.

There is a need in Canada within our agricultural community to look at seasonal workers. When we talk about the importance of the agricultural community and how productive it is for our economy, could the member provide some feedback on what he believes the government's agenda is, going forward, with regard to the temporary foreign worker program and the agricultural industry as a whole?

[Bob Zimmer, Conservative, Prince George—Peace River, BC]

Mr. Speaker, although we have not studied that issue in depth at agriculture committee, the issue of TFWs, as it relates to the agricultural industry, is an important one.

From our perspective on this side of the House, we absolutely want to ensure that every Canadian is employed before any temporary foreign workers get jobs in our country. We want to see Canadians get these jobs first and foremost.

That said, there are areas that have needs, but again, we hope Canadians respond to the job opportunities that are there on the Prairies. If they need a job, we need them on the Prairies.

[Carol Hughes, NDP, Algoma—Manitoulin—Kapuskasing, ON]

Mr. Speaker, on so many bills, we have made proposals to enhance them to ensure that we have protections for the different entities they affect.

On this bill, the Minister of Agriculture and Agri-Food had indicated:

I've also heard some good suggestions about providing more clarity, making the bill's language more useful, and as you alluded to, Mr. Chair, we will be passing some amendments to that end...

Yet here we are. We did propose an NDP amendment that would have required the intent to infringe on patent protection be proven first. This would have protected producers from being sued for patent infringement due to accidental reasons, while continuing to ensure that deliberate patent infringement would be pursued.

Could the member opposite explain why the government defeated this proposal, given the fact that we wanted to ensure that the proper protection would be in place?