Agricultural Growth Act

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

This bill was last introduced in 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.

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 the Library of Parliament. You can also read the full text of the bill.

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.

Agricultural Growth ActGovernment Orders

November 24th, 2014 / 6 p.m.


See context

Conservative

Randy Hoback Conservative Prince Albert, SK

Mr. Speaker, we are not biased on this side of the floor. A bad amendment from the Liberals or a bad amendment from the NDP is a bad amendment. It does not matter where it comes from. If it is a bad amendment, it is a bad amendment and should be voted down, which was done.

He does not understand that a tremendous amount of consultation went into this legislation before it ever hit committee. We talked to stakeholders and there was a consulting process with the Department of Agriculture, which the minister went through. It was intensive. As a result, we have a bill that is exactly what the stakeholders, the industry and the farmers wanted, and that is what they got.

For johnny-come-latelies to say they can make an amendment and look like heroes, they have been non-existent in the agriculture scene all along. They are still non-existent in the agriculture scene. Putting forward more and more bad amendments will not improve their stature among agriculture producers.

Agricultural Growth ActGovernment Orders

November 24th, 2014 / 6 p.m.


See context

Conservative

Larry Maguire Conservative Brandon—Souris, MB

Mr. Speaker, it is a privilege to have the opportunity to explain why I support Bill C-18.

The agricultural growth act proposes to modernize the legislative framework that supports Canada's agricultural and agri-food industry. This framework helps to protect the safety of the food we eat and helps our farmers and producers compete successfully in global markets. The bill proposes a series of amendments that would modernize and streamline nine different statutes, seven that the Canadian Food Inspection Agency uses to regulate Canada's agricultural sector, and two administered by Agriculture and Agri-Food Canada.

Some of the acts that Bill C-18 would amend date back to the 1950s. They have served us well, to be sure, but we are in 2014 now. In recent decades, the agricultural and agri-food industry has experienced tremendous innovation, such as new production techniques, and plant varieties that are driven by science. During the same period, international trade in agricultural products has skyrocketed. Today, Canadians regularly eat foods originating from around the world, and Canadian food products are exported to an ever-expanding list of foreign markets.

Given these significant changes, it comes as no surprise to learn that Canada's current legislative framework for agriculture, first enacted decades ago, is outdated and struggles to accommodate modern realities. As new varieties and new developments in science continue to emerge, this framework must evolve to keep pace. This is particularly true when our international trading partners regularly modernize their legislative frameworks. The agricultural growth act proposes to put Canada's legislative framework on par with those of other countries.

Bill C-18 would help support the ability of Canada's farmers and producers to compete in global markets. To illustrate, allow me to focus on a few specific challenges and explain how the agricultural growth act proposes to meet them.

The first challenge relates to plant breeders' rights and how they are protected. Agricultural researchers continually strive to develop new varieties of plants, varieties that produce greater yields or are more resistant to drought, pests, or disease. This innovation is essential to modern agriculture. Without research, there is no progress.

To support ongoing innovation, most countries abide by an international convention on plant breeders' rights, known as UPOV, the International Union for the Protection of New Varieties of Plants. The convention sets a legal standard for protecting these rights. Unfortunately, Canada's laws do not meet the current standard, known as UPOV '91. Bill C-18 would bring Canadian law up to the current UPOV standard. This would give Canadian farmers access to the same cutting-edge crop varieties that most of their foreign competitors already have.

Bringing our law up to the current UPOV standard would also promote crop research here in Canada. This is because any research breakthroughs made in Canada would be protected by laws in Canada, which would be on par with the laws adopted in other countries that have ratified UPOV '91. This kind of protection would give investors the confidence they need to back the development of new varieties and production techniques in Canada. As was just pointed out by my colleague, there are many benefits.

During its review of Bill C-18, the Standing Committee on Agriculture and Agri-Food heard several professionals make precisely this point. For example, consider the statement from Mr. Gary Stanford, president of the Grain Growers of Canada. He said:

The adoption of Bill C-18 will bring our regulations in line with international standards. Canada is only one of a handful of developed countries not covered under UPOV 91. This keeps our farmers out of competitive advantage. Aligning our regulations will not only level the playing field for our producers, but it will also encourage foreign investment into new varieties for Canada. This would give our farmers access to new varieties that their competitors already use.

It is important to recognize that Bill C-18 explicitly recognizes the farmers' traditional practice of saving and reusing seeds from crops grown on their own land. The practice is commonly known as farmers' privilege. Bill C-18 now includes an amendment that makes it perfectly clear that Canada's farmers will be able to continue saving, cleaning, treating, storing, and replanting seed from protected varieties on their own land.

Therefore, when it comes to new varieties, Bill C-18 balances the interests of all concerned, producers, researchers, and consumers.

The proposed legislation would encourage researchers to develop new varieties, at the same time enshrining and protecting the practice of farmers' privilege.

Bill C-18 also proposes to improve the legal framework governing Canada's agriculture and agri-food sector in other ways. The proposed legislation would, for instance, allow consideration of foreign reviews and analyses in the approval process. This change is designed to promote innovation and to cut red tape when it comes to approving certain agricultural products.

The standing committee heard from several industry representatives who strongly support this element of the bill.

Mr. R. Edward Empringham, senior project manager of the Canadian Animal Health Coalition, had this to say:

...as a matter of principle the coalition supports the modernization of legislation to harmonize approaches and recognize modern business practices, the concept of inclusion by reference into regulation, the ability to reference foreign reviews and analysis, and the need to ensure that legislation ensures the protection of animal health and welfare, food safety, meets the requirements of trade, enables innovation, and doesn't impede commerce.

Bill C-18 proposes to clarify and confirm the Canadian Food Inspection Agency's authority to consider foreign reviews, data, and analyses during the evaluation for approval or registration of agricultural products that are new to the Canadian market.

This information would be considered in addition to ongoing Canadian reviews and analyses, always with an eye to the Canadian context, such as how relevant that foreign data is to the Canadian environment.

This in turn would allow 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 the competition.

Bill C-18 would also introduce, through future regulations, the ability to license and register feed and fertilizer manufacturers. The agricultural growth act proposes new, broader controls on the safety of Canada's agricultural inputs through licensing or registration of feed and fertilizer manufacturers.

The proposed amendment would align Canadian legislation with international trading partners and help our feed and fertilizer industries maintain their export markets, especially with the United States.

The approach proposed in Bill C-18 keeps farmers top of mind. This amendment should apply only to businesses that sell animal feed and fertilizer products across provincial and international borders. It would not apply to farmers who make these products for use on their own farms.

The wisdom of this balanced approach earned the approval of the producers and other professionals who appeared before the standing committee.

Here is an excerpt from the testimony of Mr. Clyde Graham, acting president of the Canadian Fertilizer Institute:

Bill C-18 allows for the licensing of fertilizer and supplement establishments, which is common in the United States. The bill also enables the licensing of persons to conduct an activity involving fertilizer and supplements. The Canadian Fertilizer Products Forum has signalled that this is an area that needs to be explored, but only with industry consultation.

Regulations form the core of all licensing regimes, and this government would develop regulations only through detailed consultations with stakeholders.

The truth of the matter is that the extensive shareholder consultations completed during the past few years fully informed the agricultural growth act. This government continues to listen, and, as the most recent amendments made to Bill C-18 attest, we take appropriate action.

We also remain committed to additional consultations. Please be assured that before any changes are implemented, especially regulatory changes, our government is committed to consultation to determine the best course of action.

Upon the bill's receiving royal assent—and it is my great desire to see that day—some of the changes would come into force almost immediately, while others would be phased in or require regulatory amendments.

We need royal asset. That is why I encourage all my colleagues to vote for this legislation.

Agricultural Growth ActGovernment Orders

November 24th, 2014 / 6:10 p.m.


See context

NDP

Pierre Nantel NDP Longueuil—Pierre-Boucher, QC

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

Over time, we have gotten used to feeling that this government does not listen to us. Earlier, one of our colleagues said that the amendments we proposed were most likely moronic as usual. Obviously, that kind of disdain for the opposition does not really bother us anymore.

Does my colleague believe that the bill was perfect by virtue of the fact that his apparently omniscient party created it, even though the UPA's brief did raise several issues?

How can it be that, once again, these issues did not cause Conservative Party representatives to feel even a twinge of doubt about whether it is a good idea to drive a bulldozer with blinkers on?

Agricultural Growth ActGovernment Orders

November 24th, 2014 / 6:10 p.m.


See context

Conservative

Larry Maguire Conservative Brandon—Souris, MB

Mr. Speaker, as pointed out in my presentation, there were amendments that came forward. My colleagues did put some amendments forward in regard to ensuring that farmers could grow their own seed and use it on their own farming operations, not sell it in other commercial entities. That is a right of farmers, the farmers' privilege. That amendment did come forward, and it passed because it was a good amendment.

I want to say that there are many other opportunities to bring legislation like this forward, but this is a prime piece of legislation that would bring Canada up to speed, no matter where they are in Canada. No matter where they are in regard to being able to move more of the product, this legislation would bring us up to speed with the UPOV '91, on which we were falling behind in many areas.

Agricultural Growth ActGovernment Orders

November 24th, 2014 / 6:10 p.m.


See context

Conservative

Bev Shipley Conservative Lambton—Kent—Middlesex, ON

Mr. Speaker, I want to thank my colleague from Brandon—Souris, not only for his great intervention and speech but also for his understanding, knowledge, and background in agriculture.

I have been listening to this debate, which will wrap up here shortly. The focus has been on farmers' privilege, and I understand why some folks are focusing on that aspect but missing the big picture of the greatest value and the greatest movement forward for the agriculture industry in many years.

One of the things I would like to ask my colleague is this. I had the privilege in 2006 of bringing forward a motion, M-460, to give the competitive edge in getting products to the farmers at a reasonable rate and having the inputs from research so that as global research is done, Canada can be a part of that. What it is about is ensuring that our products are competitive in the big field.

I want—

Agricultural Growth ActGovernment Orders

November 24th, 2014 / 6:10 p.m.


See context

The Acting Speaker Barry Devolin

Order, please. The hon. member has a very short answer.

The hon. member for Brandon—Souris.

Agricultural Growth ActGovernment Orders

November 24th, 2014 / 6:10 p.m.


See context

Conservative

Larry Maguire Conservative Brandon—Souris, MB

Mr. Speaker, it is just as I said earlier. This bill is so important in bringing us up to the rest of the world in terms of UPOV '91. We had fallen behind. We were still in the 1950s, and this is a great opportunity for us to move forward in the world and be able to be competitive with others. As I said earlier, if we do not have research, we do not have an industry. That is why it is so important to get caught up with the rest of the world in these areas.

Agricultural Growth ActGovernment Orders

November 24th, 2014 / 6:15 p.m.


See context

The Acting Speaker Barry Devolin

It being 6:15 p.m., pursuant to an order made Wednesday, November 19, it is my duty to interrupt the proceedings and put forthwith every question necessary to dispose of the third reading stage of the bill now before the House.

The question is on the motion. Is it the pleasure of the House to adopt the motion?

Agricultural Growth ActGovernment Orders

November 24th, 2014 / 6:15 p.m.


See context

Some hon. members

Agreed.

No.

Agricultural Growth ActGovernment Orders

November 24th, 2014 / 6:15 p.m.


See context

The Acting Speaker Barry Devolin

All those in favour of the motion will please say yea.

Agricultural Growth ActGovernment Orders

November 24th, 2014 / 6:15 p.m.


See context

Some hon. members

Yea.

Agricultural Growth ActGovernment Orders

November 24th, 2014 / 6:15 p.m.


See context

The Acting Speaker Barry Devolin

All those opposed will please say nay.

Agricultural Growth ActGovernment Orders

November 24th, 2014 / 6:15 p.m.


See context

Some hon. members

Nay.

Agricultural Growth ActGovernment Orders

November 24th, 2014 / 6:15 p.m.


See context

The Acting Speaker Barry Devolin

In my opinion, the yeas have it.

And five or more members having risen:

Call in the members.

(The House divided on the motion, which was agreed to on the following division:)

Vote #284