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

[Elizabeth May, Green, Saanich—Gulf Islands, BC]

Mr. Speaker, I want to ask the member about Bill C-18.

It is a complicated bill. The plant breeders' rights section, as the member said, appears to tip more toward the corporate interests than the farmers'. This carved out privilege to hang onto seed for farmers, to their own plant varieties, is undermined in a couple of ways, or at least is potentially undermined. I certainly hope we can toughen this bill at committee to prevent the application of it in such a way that it prevents farmers from saving seed.

One of the pieces I picked up on in the definition section is the change in the definition of plant variety to encompass “essentially derived” varieties. In other words, there is a broader definition of a plant variety under Bill C-18 than currently in use, and that would appear to me to give greater rights to the large corporations than to the individual farmer.

I wonder if my colleague has any similar concerns.

[Wayne Easter, Liberal, Malpeque, PE]

Mr. Speaker, the member is absolutely right.

There are very serious concerns, especially as the bill relates to plant breeders' rights. As I said, the minister's answer on farmers' privilege did not instill a lot of confidence in me. He said that farmers' privilege can be enhanced as we move forward. If that is the case, it can also be lessened.

There are some organizations and groups out there that are very concerned. I think it is significant, when we are looking at definition, that it is entitled in the bill as “farmers' privilege”. Why is it not called “farmers' right”?

Farmers have the privilege to save seed they have grown maybe for a little while, maybe under certain conditions. Farmers are the producers of food. Over time we have seen global corporations taking more and more control of the very essence of growing a crop, the seed itself.

I am not saying they have not done a good job in many respects. They have increased production. They have increased protection against disease and all those things. However, is there a balance? Is there too much power in the corporate sector and not enough in the farm sector?

I think we have to look at the difference between farmers' privilege and farmers' right.

[Pierre Lemieux, Conservative, Parliamentary Secretary to the Minister of Agriculture]

Mr. Speaker, I thank the Minister of Agriculture for introducing this important bill.

Indeed, this bill on agricultural growth is one of the most important pieces of legislation that our government has introduced in this House. That is why I am pleased to rise today speak to this House.

Our government continues to ensure that Canadian farmers and food manufacturers have the tools they need to spark economic activity and to compete in world markets.

The bill on agricultural growth will modernize and simplify nine pieces of legislation, including seven that the Canadian Food Inspection Agency is responsible for implementing in order to regulate Canada's agricultural sector, and two administered by Agriculture and Agri-Food Canada.

The legislation in question consists of the Plant Breeders’ Rights Act; the Feeds Act; the Fertilizers Act; the Seeds Act; the Health of Animals Act; the Plant Protection Act; the Agriculture and Agri-Food Administrative Monetary Penalties Act; the Agricultural Marketing Programs Act; and the Farm Debt Mediation Act.

Together, these acts and regulations are critical to the strength of our farm gate, the growth of our economy, and the safety of our agricultural products. We can see from the wide spectrum of acts the bill covers that many agricultural stakeholders have been consulted and do support this proposed legislation. These stakeholders represent farmers; seed, feed, and fertilizer companies; retailers; and end-point users. I will give a small sampling in no particular order.

The groups include, Pulse Canada, Canadian Horticultural Council, CropLife Canada, Canadian Agri-Food Trade Alliance, Canadian Federation of Agriculture, Green Growers of Canada, Alberta Barley Commission, Canadian Seed Trade Association, Canadian Private Potato Breeders Network, Barley Council of Canada, Grain Farmers of Ontario, Prairie Oat Growers Association, Western Canadian Wheat Growers, Canterra Seeds, and the list goes on. This list is not exhaustive, but it is illustrative of the support the proposed legislation enjoys within the farming community.

Why take my word for it when we can see what the Liberal opposition critic for agriculture told The Western Producer a mere 10 weeks ago: “...the bill looks very good and there is a lot I can support...”.

I only hope the member keeps his word and supports the bill.

Some of the acts that we are proposing to amend date back to the 1950s. They have served us well, but a lot has changed since those days. As new agricultural production techniques and new developments in science arrive, the legislative tools for agricultural products must keep pace, especially since other international trading partners have innovated and have modernized their approaches.

We need to keep pace with the modern world and help our farmers grow their businesses, and we need to do it now. That is why the agricultural growth act touches on a whole range of areas, from feeds to seeds, to animal health, to plant protection, to farm finance.

The agricultural growth act proposes amendments that would reduce the regulatory burden for industry; promote trade in agricultural products; and strengthen the safety of agricultural products, the first link in the food chain.

I wish to explain how this proposed legislation would go a long way in modernizing the tools and services available to Canadian farmers. What we are proposing to do with this act is to build a more effective, innovative, and nimble legislative framework, one that reflects 21st century realities. Here is an example.

The agricultural growth act would bring plant breeders' rights in line with those of our international competitors. This would ensure that farmers have the latest crop varieties they need to keep pace with their competition. The proposed changes would encourage investment in plant breeding in Canada, thereby increasing the choices Canadian farmers have in accessing high-yielding crop varieties. High productivity in the agricultural sector benefits farmers and grows Canada's economy.

Canada's farmers would still be able to save, clean, treat, and replant a variety of seed on their own land. This is referred to as “farmers' privilege” and is explicitly stated in proposed section 5.3 of the bill.

I wish to point out that the agricultural growth act already reflects extensive stakeholder consultations carried out over the past few years, and that commitment continues.

Any possible regulatory amendments, including farmers' privilege, would of course follow our regulatory processes, would be based on international best practices, and would include extensive consultations with Canadian stakeholders on a crop-by-crop basis.

Here is another example. The agricultural growth act proposes new broader controls on the safety of Canada's agricultural inputs through the licensing and registration of feed and fertilizer manufacturers. To explain further, this act would provide the ability of the Canadian Food Inspection Agency to license or register fertilizer and animal feed operators and facilities that import or sell products across provincial or international boundaries. This would be in addition to the current system, in which feed and fertilizer products are registered product by product.

Licensing and registering facilities and operators would provide a more effective and timely approach to verifying that agriculture products meet Canada's stringent standards. This approach would allow for better tracking and oversight of production processes and the products being produced, a more efficient system for identifying issues early, and a faster response if and when a product recall is required. This would apply to businesses that sell their animal feed and fertilizer products across provincial and international borders and not to farmers who make these products for use on their own farms. This would also align Canadian legislation with international trading partners and would help our feed and fertilizer industries maintain their export markets, especially in the United States.

I have one more example, and it is an important one.

The agricultural growth act will enable us to implement stricter border controls for agricultural products.

I can assure the House that we already take measures to address non-compliance. We can seize illegal products related to feed, livestock, seed and fertilizer. Under the current process, the Canadian Food Inspection Agency attempts to negotiate solutions to problems or initiates court proceedings. The process works, but I will explain why we need to update it.

Illegal products that are seized may include goods that are dangerous or do not comply with packaging and labelling requirements. Right now, Canada sometimes has to pay to dispose of those illegal products. Under the agricultural growth act, CFIA inspectors can order imported feed, livestock, fertilizer and seed out of Canada if they do not meet legal requirements. We already do this for imported plants and animals. This procedure will be similar to how we can order the removal of imported plants and animals if they do not meet legal requirements.

The act also gives CFIA inspectors the power to allow importers to fix the problem in Canada if there is no safety issue and if they can be sure the problem has been corrected. The proposed amendments would provide the CFIA with tools to more effectively fulfill its mandate to protect Canada's plant and animal resources.

Once passed, these changes will help reassure Canadian farmers that imported agricultural products meet our requirements and that they can compete on a level playing field.

What we are doing is bringing the legislation into line with new science and technology, innovation, and international practices in the agricultural sector. We are making Canadian businesses more competitive and ensuring a consistent regulatory approach, and we are harmonizing our legislation with our trading partners.

Just before I sit down, I would like to inform the House that I will be splitting my time with the member for Lambton—Kent—Middlesex.

[The Acting Speaker, Barry Devolin]

Before I go to questions and comments, I would like to remind all hon. members that if it is their intention to split their time, they ought to announce it at the beginning of their speeches rather than at the end. If this member had gone on for about another 10 seconds, he would have been over the 10-minute limit, which would have precluded his colleague from Lambton—Kent—Middlesex from the opportunity to participate in this debate. I am sure that was not his intention.

We will go to questions and comments. The hon. member for Sydney—Victoria.

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

Mr. Speaker, as farmers are finding out about the bill, they have a lot of questions about it. The member mentioned that some groups are for it. Yes, there are various things in it that might help farmers, but there are many questions. At committee we hope to find the answers.

One of the main concerns I hear is about the Plant Breeders' Rights Act. The bill says that it is a “privilege” for a farmer to store his or her seed for the following year. It should not be a privilege. It should be a right to keep those seeds and to continue to plant the following spring.

I am surprised that the Conservatives would come up with the word “privilege” instead of “right”. They have talked about gun rights and so on, but now they are taking away the right of farmers to keep their seed.

Where are the Conservatives going with the privilege to keep seed? I would hope we would be able to change it to a right instead of a privilege.

[Pierre Lemieux, Conservative, Glengarry—Prescott—Russell, ON]

Mr. Speaker, the member is caught up in a word when he is not actually reading the text of the bill. I pointed out that proposed section 5.3 very clearly delineates what farmers can and cannot do in terms of saving their seed.

For example, it says:

The rights referred to in paragraphs 5(1)(a) and (b) do not apply to harvested material of the plant variety that is grown by a farmer on the farmer’s holdings and used by the farmer on those holdings for the sole purpose of propagation of the plant variety.

This is very clear. I would ask members of the opposition to actually read the bill and understand what it is saying. There is a lot of support for moving to UPOV '91. We are the last western democracy to take on UPOV '91. Why is the member against it? Why is he concerned about giving our farmers the competitive advantage that UPOV '91 will give them?

[Bev Shipley, Conservative, Lambton—Kent—Middlesex, ON]

Mr. Speaker, in Bill C-18, Canadian farmers would have the availability of foreign seeds from other countries. UPOV '91, the plant breeders' rights, allows them to come in and be protected. Will it bring in investment not only for public seeds but also for private seeds?

There will be a royalty. There will be some costs that will be shared. I wonder if the member has some thoughts on whether farmers should actually be paying for any of those benefits they will be receiving should they decide to use those varieties.

[Pierre Lemieux, Conservative, Glengarry—Prescott—Russell, ON]

Mr. Speaker, I would like to thank my colleague for the excellent input he provided on the bill.

I read out loud that farmers can save seed. That is in the legislation. However, there will be consultation with industry itself, and regulatory changes to follow, and that is what the minister spoke of.

On the one hand, if all of this were solidified right now with very little consultation, the opposition would say that we did not consult. Instead, we are encasing the farmers' right to save seed within the legislation. The response to the member's question is going to be contained within extensive consultation with industry, and regulatory changes that will follow, through the normal vetting process.

[Bev Shipley, Conservative, Lambton—Kent—Middlesex, ON]

Mr. Speaker, it is indeed a pleasure for me to support Bill C-18, the agricultural growth act. It is important and timely, and Canada needs it. Canada needs it so agriculture entrepreneurs can harness innovation, add value, and generate jobs and growth across our great country.

The agricultural growth act would modernize and streamline nine different statutes, seven that the Canadian Food Inspection Agency uses to regulate Canada's agriculture sector and two administered by Agriculture and Agri-Food Canada.

Let me explain why we need passage of this proposed legislation now. As new agricultural production techniques and new developments in science thrive, the legislative base for agricultural products must keep pace, especially since other international partners have modernized their legislation. We need the agricultural growth act because it would provide the legislative backbone for growth.

If Canada's farmers, along with the agriculture and food sector, are to maintain their competitive edge on the global stage, they need 21st century technology. We need to keep pace with the modern world, and we need to help our farmers grow their businesses. I am going to touch on some key changes outlined in the agricultural growth act to show what I mean.

First, let me touch on plant breeders' rights. The act would bring plant breeders' rights in line with international competitors. This would ensure that farmers would have the latest crop varieties they need to keep pace with competition. At the same time, the act is explicit. It recognizes the traditional practice of saving and reusing seed from crops grown on their own land, which is known as “farmers' privilege”.

Let me be clear. With the proposed amendments to the Plant Breeders' Rights Act, Canada's farmers would continue to be able to save, clean, treat, and replant seeds of protected varieties on their own land. The proposed changes would encourage investment in plant breeding in Canada, which would increase the choices Canadian farmers have in accessing high-yielding crop varieties.

The Grain Farmers of Ontario said the following about this very issue in a news release on December, 2013:

The new act will give both public and private sector plant breeders the ability and confidence to continue to develop new seed varieties needed to improve yields and keep Canada competitive on the world market. The act will also encourage new product development and research.

Now let me touch on the licensing and registration of feed and fertilizer manufacturers. The agricultural growth act proposes new broader controls on the safety of Canada's agricultural inputs through the licensing or registration of feed and fertilizer manufacturers. The proposed amendment would align Canadian legislation with international trading partners and would help our feed and fertilizer industries maintain their export markets, particularly in the United States.

The act would give the Canadian Food Inspection Agency the ability to license and register fertilizer and animal feed operators and facilities that import or sell products across provincial or international borders. This would be in addition to the current system, in which feed and fertilizer products are registered product by product. Again, we are keeping farmers top of mind. This amendment would apply to businesses that sell animal feed and fertilizer products across provincial and international borders, not to farmers who make these products for use on their very own farms.

Any licensing regime would require regulations before it could operate, so it would be developed in detailed consultations with stakeholders. As Graham Cooper, executive director of the Animal Nutrition Association of Canada told the Western Producer about the bill on December 13, 2013, “What it does is requires commercial feed mills to have preventive control plans, hazard identification and control plans in place”.

This is something the industry wants and is a tool the government needs.

Let me touch on a measure that would allow for the consideration of foreign reviews and analyses in the approval process. For me, this is a personal acknowledgment, as for a long time farmers have been negatively affected by the current regime in registration.

Many in this House will remember my private member's Motion No. 460 in 2010, which called upon the government to allow the CFIA, the PMRA, and the Veterinary Drug Directorate of Health Canada to consider foreign science when approving new products. The Minister of Agriculture listened, and this clause in the bill is the result.

This is an amendment designed to promote innovation and cut red tape when it comes to the registration of new agriculture products. The proposed change would clarify and confirm the CFIA's authority to consider foreign reviews, data, and analyses during the evaluation for approval or registration of new agriculture products to the Canadian market. This information would be considered in addition to the ongoing Canadian reviews and analyses. This in turn allows for an efficient and effective approval process so that Canada's farmers can benefit from the latest scientific research from around the world and keep pace with our competition. This is a great example of how members of Parliament can bring forward ideas on behalf of their constituents and their producers and get them enshrined into law.

I now want to touch on new border controls for the imported agricultural products.

The agriculture growth act will give the Canadian Food Inspection Agency inspectors the authority to order imported shipments of feed, fertilizers, and seed out of Canada if they do not meet legal requirements. This is similar to the way that imported plants and animals may be ordered to be removed if they do not meet legal requirements.

Under the current process, the CFIA negotiates a solution or there are likely to be court proceedings after the seizure of an illegal product related to animal feeds, seeds, and fertilizers. Basically this process works, but at times Canada must then also pay to dispose of the illegal products that are seized. Now we can see how being able to order the products out of Canada, out of our country, would be more effective and efficient. At the same time, the act would give CFIA inspectors the ability to allow importers to fix the problem in Canada, but only if it is not a matter of safety and if they can be sure that the issue will be addressed.

The proposed amendments would provide the CFIA with stronger tools to more effectively fulfill its mandate to protect Canada's plant and animal resource base. This change will provide additional reassurance to Canadian farmers that imported agriculture products meet our requirements and that they are competing on a more level playing field.

I wish to point out that the agriculture growth act reflects extensive stakeholder consultations carried out over the past number of years, and we are committed to additional consultation. Upon the act's receiving royal assent—and it is my great desire to see that day—some of the changes in this bill would come into force almost immediately, while others would be phased in or would require regulatory amendments. However, members can be assured that before any changes are implemented, our government is committed to full consultation to determine how to best move forward.

That is what the agriculture growth act is about. That is why I am asking all parliamentarians to give the agriculture growth act their careful attention and to move it forward so that we will have the legislative backbone to continue providing Canada's farmers and food processors with the tools they need to drive new economic growth and compete in the global economy.

In December of last year, David Hansen, vice-chair of Cereals Canada, said, “The changes being introduced through the tabling of this...bill in Parliament will truly enable Canada’s agriculture industry to grow.” I agree with him totally.

[Wayne Easter, Liberal, Malpeque, PE]

Mr. Speaker, the remarks by the member for Lambton—Kent—Middlesex were interesting, as I would expect coming from a government member supporting this legislation.

I want to ask a question on the changes the bill would make to the feed and fertilizer components. I have enjoyed sitting on the agriculture committee with the member, but I want to ask if there would be any protection for producers with proposed changes to the fertilizer act. The member and I have both sat on that committee, so we know that potash companies and fertilizer companies have joined together around the world in the past and have basically managed supply, or actually shortened supply, to increase the price of fertilizer to the farm community. I am wondering if there is any protection in the bill for producers, not just fertilizer companies. Is there any cost protection in the bill that would protect farmers from excessive pricing by potash and fertilizer companies as they get together around the world and shorten supply, to the disadvantage of producers?

[Bev Shipley, Conservative, Lambton—Kent—Middlesex, ON]

Mr. Speaker, I want to thank the member across the way, who is sitting with the vice-chair of agriculture. I will be looking forward to his speech a bit later.

The legislative changes in terms of the licensing of feed and fertilizer establishments and their operators are about having a safety valve in place in terms of both feed and fertilizer. If products are going to cross the border, we need to know that not just the products themselves but also the establishments and the operators are licensed to make sure that what is put into either feed or fertilizer is safe and that our producers are able to use it.

[Matthew Dubé, NDP, Chambly—Borduas, QC]

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

As some of my colleagues have said, this bill certainly has some positive aspects. However, this is just another omnibus bill from this government, as always. It has some problematic aspects, and it will be extremely important to go over them in committee.

As opposition members, we are in a position where we have to choose all or nothing. This is a serious problem. I wonder if my colleague shares these concerns. Changes are necessary, but it does not work to propose all the changes at the same time.

Did my colleague also notice that there are problems because this is yet another omnibus bill?

[Bev Shipley, Conservative, Lambton—Kent—Middlesex, ON]

Mr. Speaker, I thank my colleague across the way for an interesting question.

The previous government pursued this legislation but never went anywhere with it because it lacked the stamina and did not have the interests of Canadian farmers at heart. Now we have a government that has consulted with individuals for many years, and those individuals will appear before our committee. The committee will bring in witnesses, and we will hear from witnesses across the country.

When I took part in the announcement that went out across Canada in December of this year, industry people, commodity organizations, and representatives from farm organizations thanked us for the consultation process. They were very excited about a bill like this making its way through the system.

I look forward to the day when the bill receives royal assent and we are able to start implementing this legislation.

[Manon Perreault, NDP, Montcalm, QC]

Mr. Speaker, I will be sharing my time with the hon. member for British Columbia Southern Interior.

Today, I rise to speak to an issue that is close to my heart and very important to the people of the magnificent riding of Montcalm.

Montcalm includes the nine municipalities of the Montcalm RCM, and nearly 80% of the land is farmed. That is the riding I represent, and I have lived there for many years. I will not say how many years so as not to give away my age.

I love Montcalm. Many people there, including many of my friends, make their living from agriculture. That is why I think it is essential to go over this bill carefully before imposing new changes that will undoubtedly have many repercussions on my constituents.

Once again, the Conservatives have presented us with an omnibus bill including many changes that should be debated more thoroughly and reviewed carefully. With the agriculture sector being so very complex, it is hard to do this quickly.

The bill proposes amendments to nine different acts. We are supporting it today because we believe that the bill at least deserves to be properly examined by a parliamentary committee. Serious questions need to be asked, and we believe that some provisions need to be carefully reviewed.

Like all of my NDP colleagues, I believe that priority should be given to a balanced approach. We are going to protect farmers and Canada's public sector researchers. We must take everyone's best interests into account. The agri-food sector should not have to pay the price for the Conservative government's ideology-based policies.

The NDP is trying to be as responsible as possible. In fact, one of our objectives is to ensure that Canadians have access to and can benefit from our agricultural heritage. We also need to understand how all of these changes will affect producers.

At first glance, the safety measures proposed with regard to seeds, plants and animals should result in additional resources for the Canadian Food Inspection Agency. Unfortunately, the bill does not seem to address this essential public safety issue.

What is more, the current government has earned a negative reputation with its many cuts to the Canadian monitoring agencies that are supposed to protect the safety of Canadian consumers. The Conservatives made devastating cuts to the food inspection system. We must ensure that such mistakes and the serious consequences they have do not happen again.

Bill C-18 does not have the unanimous support of the stakeholders affected by it. The 1991 Act , which the government signed but still has not ratified, is controversial. Some groups, including the National Farmers Union, do not want the 1991 Act to be ratified and have already spoken out against Bill C-18.

Meanwhile, other organizations, including Keystone Agricultural Producers, the Prairie Oat Growers Association, the Grain Growers of Canada and the Canadian Federation of Agriculture, have expressed their support for the bill. They believe that the government has found a good balance between producers' ability to make their research profitable and—

[The Acting Speaker, Barry Devolin]

Order. The time provided for government business has now expired. The hon. member for Montcalm will have six minutes to finish her speech after question period.