Agricultural Growth Act

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

This bill is from the 41st Parliament, 2nd session, which ended in August 2015.

Sponsor

Gerry Ritz  Conservative

Status

This bill has received Royal Assent and is now law.

Summary

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

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.

Elsewhere

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

Bill numbers are reused for different bills each new session. Perhaps you were looking for one of these other C-18s:

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

Votes

Nov. 24, 2014 Passed That the Bill be now read a third time and do pass.
Nov. 19, 2014 Passed That Bill C-18, An Act to amend certain Acts relating to agriculture and agri-food, {as amended}, be concurred in at report stage [with a further amendment/with further amendments] .
Nov. 19, 2014 Failed That Bill C-18, in Clause 5, be amended by replacing line 4 on page 7 with the following: “—the right referred to in paragraph 5(1)( g) cannot be modified by regulation and do”
Nov. 19, 2014 Failed That Bill C-18 be amended by deleting Clause 2.
Nov. 19, 2014 Passed That, in relation to Bill C-18, An Act to amend certain Acts relating to agriculture and agri-food, not more than one further sitting day shall be allotted to the consideration at report stage of the Bill and one sitting day shall be allotted to the consideration at third reading stage of the said Bill; and That, 15 minutes before the expiry of the time provided for Government Orders on the day allotted to the consideration at report stage and on the day allotted to the consideration at third reading stage of the said Bill, any proceedings before the House shall be interrupted, if required for the purpose of this Order, and in turn every question necessary for the disposal of the stage of the Bill then under consideration shall be put forthwith and successively without further debate or amendment.
June 4, 2014 Passed That, in relation to Bill C-18, An Act to amend certain Acts relating to agriculture and agri-food, not more than five further hours shall be allotted to the consideration at second reading stage of the Bill; and that, at the expiry of the five hours provided for the consideration at second reading stage of the said Bill, any proceedings before the House shall be interrupted, if required for the purpose of this Order, and, in turn, every question necessary for the disposal of the said stage of the Bill shall be put forthwith and successively, without further debate or amendment.

AgriculturePetitionsRoutine Proceedings

April 9th, 2014 / 3:30 p.m.


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Liberal

Ted Hsu Liberal Kingston and the Islands, ON

Mr. Speaker, I present a petition today from residents of the city of Kingston and the surrounding rural areas. It concerns Bill C-18.

The petitioners are asking Parliament to refrain from making changes to the Seeds Act and the Plant Breeders' Rights Act, and they are asking Parliament to legislate the rights of Canadians to save, reuse, select, exchange, and sell seeds.

AgriculturePetitionsRoutine Proceedings

April 9th, 2014 / 3:25 p.m.


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Conservative

Jay Aspin Conservative Nipissing—Timiskaming, ON

Mr. Speaker, I am honoured to rise to present a petition on behalf of a number of residents. The petition calls upon Parliament to refrain from making any changes to the Seeds Act or the Plant Breeders' Rights Act through Bill C-18, an act to amend certain Acts relating to agriculture and agri-food.

AgriculturePetitionsRoutine Proceedings

April 4th, 2014 / 12:05 p.m.


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Conservative

Rick Norlock Conservative Northumberland—Quinte West, ON

Mr. Speaker, the second petition is about Bill C-18 and farmers being able to keep the seeds they have purchased.

Agriculture and Agri-FoodPetitionsRoutine Proceedings

April 3rd, 2014 / 10:10 a.m.


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Conservative

LaVar Payne Conservative Medicine Hat, AB

Mr. Speaker, the second petition is in regard to plant breeders’ rights and Bill C-18.

AgriculturePetitionsRoutine Proceedings

March 31st, 2014 / 3:15 p.m.


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Conservative

David Tilson Conservative Dufferin—Caledon, ON

Mr. Speaker, the second petition is calling on Parliament to refrain from making any changes to the Seeds Act or the Plant Breeders' Rights Act through Bill C-18.

AgriculturePetitionsRoutine Proceedings

March 24th, 2014 / 3:20 p.m.


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Conservative

David Tilson Conservative Dufferin—Caledon, ON

Mr. Speaker, I have a petition from a number of constituents in my riding who are concerned about the proposed restrictions on farmers' traditional practices, such as reusing, selecting, and selling seeds. These petitioners are proposing to the government that it refrain from making any changes to the Seeds Act or to the Plant Breeders' Rights Act through Bill C-18.

Further, the petitioners call upon Parliament to enshrine in legislation the inalienable right of farmers and other Canadians to save, reuse, select, exchange, and sell seeds.

Statements by the Member for Mississauga—Streetsville—Reference to Standing CommitteePrivilegeRoyal Assent

March 4th, 2014 / 6:30 p.m.


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NDP

Malcolm Allen NDP Welland, ON

Mr. Speaker, usually I would rise and say that I am pleased to join the debate, but I have a sense of trepidation about doing this. The member for Mississauga—Streetsville is someone I have come to know and quite like, so it becomes difficult when one has to stand and talk about his actions in the House.

My preference would have been for the government to simply allow this to go to committee, in which case the committee could have dealt with it a long time ago and dispensed with it. The committee could have ruled on it and brought back a recommendation. This way we would not be, as the government House leader has said, spending two days talking about this particular issue, which the member for Mississauga—Streetsville has ended up being the centre of.

Of course, this is public. It is televised. CPAC carries it. People can watch it on the Internet. Committees can be watched on the Internet, but they are less public than this forum.

Would it not have been collegial of the government, of which he is a member, to send it to committee to have it dispensed with? That is what the Speaker's ruling was intended to do. The Speaker believed that there was a case to have it resolved somewhere else and to have us look at it.

Here we are, looking at it here and throwing all the information out over and over again. It does not help the member for Mississauga—Streetsville to have it recast over and over again, but the government has given us no other opportunity. It has left us with this as the only outlet.

One of the government members said earlier that one may misspeak in the House. I started to think about when that happens. Has it happened to me as a member? It actually happened to me on Monday, during the debate on Bill C-18, the government's bill on agriculture.

It came to my attention in two ways. I did not actually know that I had misspoken. In relation to what is called UPOV '91, I actually talked about 1929, which is actually an international convention on plant protection. I interchanged 91 and 29.

The Minister of Agriculture and Agri-Food, when questioning me during the debate, said that I had gotten it wrong and was talking about something that had happened a long time ago. It dawned on me that I had misspoken and that I had used the wrong date. That is misspeaking. That is how one actually misspeaks.

The staff at Hansard then emailed me. I have the email here. It said that they would like to clarify the text. The email said:

Can you please confirm whether [the member for Welland] was referring to the 1929 International Convention for the Protection of Plants (Rome), or if he meant to say otherwise (UPOV 91)? Can you advise...?

Clearly we were debating UPOV '91, which is from 1991, not the International Convention for the Protection of Plants of 1929. That was dispensed with long before we were born. We may think that we are long in the tooth sometimes, but we are certainly not that long in the tooth.

That was an example of someone getting a date wrong and misspeaking. There needed to be a correction but not an apology. It was simply the wrong date that needed to be corrected to reflect what we were actually discussing and what the debate was really about, which was Bill C-18, of which UPOV '91 was a part.

Therefore, when the government rises to defend its colleague, which is admirable and I understand why it does that, to suggest that he misspoke, it makes it extremely difficult to comprehend. It stretches credibility, to be truthful.

Here is what the member actually said. I will quote it, because I have highlighted a couple of pieces that I want to put emphasis on to show how it could not have been someone misspeaking.

On February 6, 2014, the member for Mississauga—Streetsville stated, “Mr. Speaker, I want to talk a bit about this vouching system again. I know the minister represents an urban city. I am from a semi-urban area of Mississauga”, and this is what I want to emphasize, “where there are many high-rise apartment buildings”.

He was adamant about it. He knew that he was from a place where there are lots of apartment buildings.

He further stated:

On mail delivery day when the voter cards are delivered to community mailboxes in apartment buildings, many of them are discarded in the garbage can or the blue box.

He knew it was one or the other. He went on to state:

I have actually witnessed other people picking up the voter cards, going to the campaign office of whatever candidate they support and handing out these voter cards to other individuals, who then walk into voting stations with friends who vouch for them with no ID.

I want to highlight that he said that he witnessed it personally and knew that the cards went in either the garbage can or the grey box, because here in Ontario it is the grey box for paper. He said that he saw it at that level of detail and knew the people who took the cards out of the boxes. They were not strangers but campaign workers. I admit that he does not say if they were Conservative campaign workers, Liberal campaign workers, or other campaign workers. He just said “campaign workers”. We did not get any definitive information on that. The committee might be able to ask him who the campaign workers were and what he actually saw.

He then knew that these people went to the polling stations eventually. People vouched for those folks and they voted. He knew all of those things. That is hugely different from what I described earlier about my misspeaking in the debate on Bill C-18 when I got the date wrong. It is important to get the date right, but it was not misleading the House that the agreement actually happened in 1929 when it truly happened in 1991. The two situations are not even the same.

To bring the point home even more clearly, the member for Mississauga—Streetsville said it again. He said it slightly differently but basically with the same intent. He stated:

Earlier this afternoon I asked the Minister of State for Western Economic Diversification a question. I think my friend from York South—Weston will appreciate this because, just like the riding I represent, there are a lot of apartment buildings in his riding.

I emphasize his next words:

I will relate to him something I have actually seen. On the mail delivery day when voter cards are put in mailboxes, residents come home, pick them out of their boxes, and throw them in the garbage can. I have seen campaign workers follow, pick up a dozen of them afterward, and walk out. Why are they doing that? They are doing it so they can hand those cards to other people, who will then be vouched for at a voting booth and vote illegally. That is going to stop.

That will be stopped based on Bill C-23. It would put an end to vouching and it would not happen again. People could pick up as many of those cards as they wanted, because it would not matter. They would not be able to vouch for people. We would get rid of the cards and it would not matter any more.

The story was not misspoken, in my view. It was made up, because the member subsequently decided that he should come back to the House and say that he never witnessed it and did not see it. He did not come back to the House to say that he misspoke and that it was not in the apartment building but somewhere else. That would be misspeaking. If he had said, “I didn't know they were campaign workers, but I saw it”, that would be misspeaking. If he had said, “I'm not sure if they were in the garbage can or the grey box, but they discarded them”, that would be misspeaking. He literally laid it out and itemized it. He highlighted that it was in apartment buildings at the mailboxes on mail day, and people discarded them.

The member said he witnessed it, actually saw it with his own eyes, and that means he was actually there. He had to physically be in that place on mail day to see those residents, which meant he had to spend some time there.

After the member said it the first time, one would have thought that if he had truly misspoken, he would have said to himself that it was not really, wholly accurate, so why would he do it again? Well, if he reinforced the story again by saying almost the same thing verbatim, there are only two things that could be.

One is to suggest that one has some sense of speaking notes, and this is not to suggest that one party over another does not do this. Lots of us have notes.

If the member was allowed to go to committee, one could ask if the speaking notes were given to him by someone in the PMO, who told him to relate the story as if it was his when it really was not. Perhaps the member then realized that he had told a story that was not really his, but it was in his speaking notes, and he later knew that he had to retract it because it was not his story. The member might have felt contrite thinking it was something he should not have done, and he decided to retract the story.

I think that is a valid question to ask the member. However, we are not going to get that opportunity because we are here debating it, and the government thinks this is enough.

This brings me to the position of the government House leader. He talked about how telling this story was not misleading in the sense that someone was not being deliberately misled, but it somehow came to that at the conclusion of the story.

It really boils down to what the government House leader said in the House. He said:

It is quite common for us to misspeak in the nature of conversation...

—and I think I have articulated that—

...and I can understand the error made by the hon. member on the question of voting cards, because I think there are probably very few members in this House who have not, at second- or third-hand, heard anecdotes exactly to that effect.

Here we have the government House leader saying that everybody has heard those anecdotal stories about these cards that someone picks up and takes. Everybody has heard it.

He goes on to say:

I personally

—meaning the minister, the government House leader—

...have heard anecdotes from others, not having witnessed it myself. It is different from having heard an anecdote, but having heard it quite regularly, it becomes part of the normal discourse that “this is what happens out there”.

So the fact that we have heard an anecdotal story over and over again now makes it true. It must be true, because we have heard it more than once. If only that were true, because then if my friends across the way said, “We know you are six feet tall. We know you are six feet tall”, then I could actually believe I am six feet tall.

Well, it is not true. The fact that it is an anecdote will not make it true no matter how many times it is said. To base legislation on anecdotes is the worst type of legislation one could craft, by pretending the anecdotes are true and that we must change the legislation because we know this is what happens because we were told a story. Someone told a story that this is what happens, so therefore we must ban that practice altogether because, Heaven knows, we were told a story.

It is quite beyond belief, to be truthful, that somehow the government would come forward with legislation based on anecdotal evidence and that somehow that evidence must be clear, concise, and true. This is a government that will quite often say to us, especially in the agricultural sector, that something is based on sound science. Now it will be based on sound anecdotes. Now, as long as it is a sound anecdote and as long as it is said often enough, it will be taken as a true story.

Aesop's fables, even if told over and over again, will always be fables. They will not be true. They will be fables. Myths, whether urban myths or old-time myths, are simply myths. No matter how many times we repeat the myth, whether it be an urban myth, whether it be another myth, it will be a myth; it will never be true.

As for the member apologizing, I must admit that I do congratulate him for apologizing, but that apology will not take away from the fact that he came in the House and literally laid out a case in detail of what he said he saw and personally witnessed, not once but twice. He stood by it. He did not retract it that day, did not say, “Oh, my goodness. I think I have actually told an anecdotal story here. I should go back to the House and say that it is not a true story. I actually did not see it. It is what I heard.”

He did much later. It is commendable that he did retract, but it does not negate what he did the first time.

Many of us are quite often sorry for actions we have taken, but if we take actions, there are consequences for our actions.

The government always says to us, when it comes to criminal legislation, that it is about people taking responsibility for their actions, and if their actions are such that people deserve some form of punishment, then that is what is deserved by those people. There are times when I have to nod in agreement, although not always, of course. Sometimes there are mitigating factors.

In this particular case, the member should appear before committee. It is what the Speaker expects us to do. It is what the Speaker suggested that we probably should do, in my humble opinion. I will not put words in the Speaker's mouth and would never do that, but in my humble opinion, that is what I think he was trying to say to us, because it is only about what we say to each other and what we say to Canadians.

It pains me to say this, but when professions are put on a scale, unfortunately we are not near the top with the Canadian public. Quite often, unfortunately, the reason we are not at the top is because of what we see here.

Some of it is question period. Quite often it is just question period. However, now it is about misleading the House, which we are now debating. How exactly does that affect those who are watching and those who are looking at it? They shrug their shoulders and say, “Well, what do you expect from them? That's what they do. They don't really tell you the truth anyway.”

Words are what we use. Those are the tools of our trade. The words that we give to one another and share with one another are the tools of our trade. There is only way this place can function, which is for the partisanship and the back-and-forth to be acceptable. That is why the Speaker is sitting in the chair, refereeing: to ensure we stay within those boundaries so that repartee back and forth is acceptable.

What is not acceptable is coming into the House and misleading it. That is why there are rules. They are there for good reason. They are there to ensure that we do not actually do that and have legislation come before us that is backed up by myths, mistruths, anecdotes, or stories of some description that do not exist in real life, stories that we just simply make up, and then say, “We must do this because this is the story”.

The government prides itself on saying it bases a lot of its policies upon sound science, which is evidence-based and all about truthfulness to the best of one's ability and measuring, quantifying, and qualifying. Unfortunately, when it came to qualifying the member for Mississauga—Streetsville's words, they came up short, and the Speaker was very clear about how short they came up.

Now it is incumbent upon us, as difficult and as unpleasant as it may be for our colleague and for us, to send it to committee, where our colleague will then have to face whatever repercussions and decisions are made based upon his, not our, conduct that started this process. Those repercussions and decisions will come back for ratification.

We did not start this process. It is his words in this place that started us on this path, and the path can only come to its final destination, not its hoped-for destination, when indeed we go to committee, where he will have his opportunity to answer questions. From the committee will come some form of resolution. Only then, I think, can this be put to a final conclusion.

AgriculturePetitionsRoutine Proceedings

March 3rd, 2014 / 3:10 p.m.


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Liberal

Wayne Easter Liberal Malpeque, PE

Mr. Speaker, I have the honour to present a petition from a number of petitioners.

The petition is entitled, “The Right to Save Seeds”. The petitions recognize the inherent rights of farmers to save, reuse, select, exchange, and sell seeds.

The petitioners are calling on Parliament to refrain from making any changes to the Seeds Act or to the Plant Breeders' Rights Act through Bill C-18, which would take those rights away.

AgriculturePetitionsRoutine Proceedings

February 28th, 2014 / 12:05 p.m.


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NDP

Alex Atamanenko NDP British Columbia Southern Interior, BC

Mr. Speaker, I have here close to 100 names of citizens from Kaslo, Ainsworth, Trail, Meadow Creek, and Nelson, who are concerned about Bill C-18, especially the changes to the Seeds Act or plant breeders' rights. They do not want further restrictions of farmers' rights or addition to farmers' costs, and they call upon Parliament to enshrine in legislation the inalienable rights of farmers and other Canadians to save, reuse, select, exchange, and sell seeds.

Business of the HouseOral Questions

February 27th, 2014 / 3:10 p.m.


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York—Simcoe Ontario

Conservative

Peter Van Loan ConservativeLeader of the Government in the House of Commons

Mr. Speaker, I know that the members of the procedure and House affairs committee are very much looking forward to when the NDP members cease their filibuster and actually allow the committee to get on with the business of hearing from witnesses. It is the NDP, in fact, that for many months called on this government to ensure that legislation was in place by the end of this spring. Oddly, its efforts to prevent any evidence from being heard on this legislation is in contradiction to that. I look forward to that changing, now that the House finally voted on that question conclusively this week.

I would also like to note that something else the House voted on this week is Canada's economic action plan 2014. The House endorsed a plan that sees our government on track to balance the budget next year, all the while keeping taxes low and protecting the programs and services upon which Canadians rely.

Unfortunately, the hon. member for Papineau voted against this sound budget, which received both accolades and praise from all parts of the country and diverse sectors of the economy. Perhaps the member does not appreciate the extraordinary effort that went into such a fiscally sound budget. After all, the Liberal leader does hold the view that budgets balance themselves. We know better. We understand the hard work that fiscal leadership actually requires and the hard work that governing demands, something with which he is apparently unacquainted.

With the budget adopted, the House will work on other legislation. Today, we will start the second reading debate on Bill C-24, the Strengthening Canadian Citizenship Act. Tomorrow, we will start the second reading debate on Bill C-25, the Qalipu Mi'kmaq First Nation Act. That debate will continue next Wednesday, if need be. Monday, we will start the second reading debate on Bill C-18, the Agricultural Growth Act. Tuesday shall be the sixth allotted day. Finally, we will resume the second reading debate on Bill C-20, the Canada-Honduras Economic Growth and Prosperity Act.

Genetically Modified OrganismsPetitionsRoutine Proceedings

February 26th, 2014 / 3:25 p.m.


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Green

Elizabeth May Green Saanich—Gulf Islands, BC

Mr. Speaker, the next petition deals with the issue of genetically modified organisms. It comes from residents throughout Quebec and the area of St. Catharines, Ontario, who are calling upon the House to label genetically modified organisms since it is quite important to look at these views as we approach Bill C-18.

AgriculturePetitionsRoutine Proceedings

February 25th, 2014 / 10:05 a.m.


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Conservative

Ron Cannan Conservative Kelowna—Lake Country, BC

Mr. Speaker, I rise to table a petition on behalf of constituents who are calling on Parliament to refrain from making changes to the Seeds Act or the Plant Breeders' Rights Act through Bill C-18.