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.

Facilitating the Transfer of Family Farm or Fishing Corporations Act

[Ruth Ellen Brosseau, NDP, Berthier—Maskinongé, QC]

Mr. Speaker, I commend my New Democrat colleague from Joliette for introducing Bill C-661, An Act to amend the Income Tax Act (transfer of family farm or fishing corporation).

It is a step in the right direction to promote the transfer of a farm or fishing corporation to a family member. This bill will help address some of the problems facing family farms and the next generation of farmers. This bill is common sense, which is why I will vote in favour of it and why I will try to ensure that it is passed unanimously.

In my speech today, I will try to show how this bill is in line with the ideas the NDP has been proposing for four years and how it is essential to keeping our agricultural sector healthy.

First, Bill C-661 is consistent with the work my New Democrat colleagues and I have accomplished in the agricultural sector. Compared to the Conservatives, we truly value farmers and family farms, and this bill is yet another example of that. Since the Conservative government came to power, it has shown that it favours big corporations and big producers at the expense of small ones. The best example is omnibus Bill C-18. Although it was necessary to make amendments and updates, the government did not listen to small farmers. Instead it chose to favour the big plant breeders. As a result, my colleagues and I were forced to present a number of petitions signed by hundreds and even thousands of farmers and Canadians who were critical of many aspects of Bill C-18.

W raised some problems In committee and we proposed solutions to those problems by way of amendments to this omnibus bill, but as usual, the Conservatives outright rejected our amendments.

Historically, the NDP has been the only party that has a proven commitment to helping family farms and small farmers, since we understand the vital role they play in the economy, in our regions and in our society.

The bill introduced by the member for Joliette is also in keeping with the pan-Canadian food strategy proposed by the NDP. We are the only Canadian party to have proposed a plan that indirectly strengthens regional economies by encouraging people to buy local.

At present, we are lagging behind the other OECD and G8 countries. Great Britain and Australia have already successfully adopted this type of strategy.

The NDP believes that a comprehensive food policy would stimulate the local economy and stop the increase in food insecurity in Canada. It would also address farm accessibility issues.

Our “Everybody Eats” policy would have been a good way of helping the next generation of farmers, supporting farm succession planning and reviewing the fiscal framework for farming businesses to be successfully managed. Support for the agricultural sector is a societal choice that the NDP is prepared to make, unlike the current government.

As we have seen, the government has yet to announce the compensation it will offer to dairy producers for losses incurred as a result of the Canada-European Union Comprehensive Economic and Trade Agreement, despite a number of promises, including the unanimous adoption of my motion requiring:

That...the government [respect] its promise to dairy and cheese producers of Quebec and Canada who will be affected by the Comprehensive Economic and Trade Agreement between Canada and the European Union, by: (a) revealing details without delay related to the compensation that will be paid; (b) providing for an implementation period for the agreement that is as long as possible; (c) putting an end to the circumvention of tariff quotas and the misclassification of products at the border; (d) maintaining high quality standards by imposing the same production and processing requirements on imported products; and (e) committing to provide support for commercialization.

Unfortunately, there is still nothing on the table, except for more worries about supply management being sacrificed in future trade agreements.

We see that the agriculture sector is only of use to the government for balancing its budget and electioneering.

Let us not forget the fiasco resulting from the Conservatives' changes to the rules for temporary foreign workers in the agricultural sector. That sector was already struggling with a labour shortage when the government further complicated things. Its bad management cost Quebec farmers nearly $54 million.

I encourage all members to get on board and vote in favour of Bill C-661 because it is critical to maintaining our agricultural system in the short, medium and long terms. Why? Because it acknowledges the realities of the agricultural sector.

For many years now, the agricultural sector has been facing a number of problems related to the next generation of farmers and transferring farms. This has given rise to a new phenomenon: the dismantling of farms.

Those problems include a reduction in the number of farms, growing indebtedness and the ballooning cost of farm assets, which is sometimes as much as $5,000 per acre. This increase in the value of agricultural businesses, which is inflated by land speculation, boosts the value of farmers' assets but does not improve their liquidity, which is essential to transferring farms.

In Quebec, over the past 23 years, the value of land has jumped by 600%. Over 8,000 family farms have disappeared over the past 10 years. The number of farms in Quebec is decreasing every year, and all across Canada, the next generation cannot afford market prices.

At the Standing Committee on Agriculture and Agri-Food, on February 26, 2015, Pierre-Luc Lacoste said, and I quote:

...farm transfers are...complicated....Transfers are extremely expensive and lead to a loss....Mechanisms should be implemented to help farmers...

That is exactly what the bill introduced by the member for Joliette does. It would allow farmers to save time, money and worry by reducing the bureaucratic and fiscal complexities of transferring a farm to a brother or sister. Furthermore, it would facilitate joint ownership of farms by brothers and sisters. At this time, 50% of farm transfers fail. That is an alarming statistic.

If we want to prevent more and more dismantling and a decline in our agricultural production, it is our duty as parliamentarians to make sure that this bill passes as quickly as possible. It appears to be a step in the right direction, because it solves some of the problems caused by the current reality in the agricultural sector.

To the NDP, the choice is clear: we must support family farms and the next generation of farmers as best we can. That is how we will ensure the vitality of the farming sector and our regions.

Farmers know that they can count on the NDP to stand up for them. We believe in an economy of entrepreneurial farmers, and the best way to achieve that is to help family farms by giving them more flexibility, less paperwork and substantial savings on accounting costs.

Quebeckers who are concerned about all the land that is being bought up can count on us to provide clear solutions to help family farms prosper and ensure that they can be transferred from one generation to the next.

I want to thank the hon. member from Joliette once again for her bill and her work. I hope that all the parties and all the members of the House will study this bill and vote in favour of it soon.

Agriculture

[Cathy McLeod, Conservative, Kamloops—Thompson—Cariboo, BC]

Mr. Speaker, I stand to present a petition to respect the right of small-scale family farmers to preserve, exchange, and use seeds. I want to note that in Bill C-18. that ability for farmers to preserve and use their seeds is protected.

[Judy Sgro, Liberal, York West, ON]

Mr. Speaker, I am pleased to present a petition referring to the right to save seeds. These citizens of Canada recognize the inherent right of farmers, derived from thousands of years of custom and tradition, to save, reuse, select, exchange, and sell seeds.

The petitioners call upon Parliament to refrain from making any changes to the Seeds Act or to the Plant Breeders' Rights Act through Bill C-18, an act to amend certain acts relating to agriculture and agri-food, which would further restrict farmers' rights or add to farmers' costs.

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

[Gerald Keddy, Conservative, Parliamentary Secretary to the Minister of Agriculture]

Mr. Speaker, I would like to thank the member for Dauphin—Swan River—Marquette for that important question. I am pleased to report to the House that Bill C-18, the Agricultural Growth Act, received royal assent this week.

The bill will strengthen intellectual property rights for plant varieties, reduce red tape, improve how government carries out its business with the Canadian agriculture industry, enhance trade, and grow Canada's economy. Importantly, the bill also includes farmer's privilege, which explicitly permits farmers to use seeds from the crops they grow.

It is absolutely shocking that the official opposition voted against the bill.

[Robert Sopuck, Conservative, Dauphin—Swan River—Marquette, MB]

Mr. Speaker, Bill C-18, the Agricultural Growth Act, is a bill designed to modernize and strengthen federal agricultural legislation, support innovation in the Canadian agriculture industry, and enhance global market opportunities. Unfortunately, the NDP must oppose all of these positive items, because it voted against the bill.

Could the Parliamentary Secretary to the Minister of Agricultureplease provide an update on this important piece of legislation?

Foreign Affairs

[Gerry Ritz, Conservative, Minister of Agriculture and Agri-Food]

Mr. Speaker, on behalf of the Minister of Foreign Affairs and pursuant to Standing Order 32(2), I have the honour to table, in both official languages, the treaty entitled International Convention for the Protection of New Varieties of Plants of December 2, 1961, as revised at Geneva on November 10, 1972, on October 23, 1978, and on March 19, 1991. An explanatory memorandum is included with the treaty. I would also add that ratification of this treaty, commonly known as UPOV '91, formally implements Bill C-18, the Agricultural Growth Act, which received royal assent yesterday and is yet another step in our government's economic growth agenda for Canadian farmers.

[The Speaker, Andrew Scheer]

I have the honour to inform the House that a communication has been received as follows:

Rideau Hall

February 25, 2015

Mr. Speaker,

I have the honour to inform you that the Right Honourable David Johnston, Governor General of Canada, signified royal assent by written declaration to the bills listed in the Schedule to this letter on the 25th day of February, 2015, at 10:02 a.m.

Yours sincerely,

Stephen Wallace,

Secretary to the Governor General

The schedule indicates the bills assented to were Bill S-221, An Act to amend the Criminal Code (assaults against public transit operators)—Chapter 1, and Bill C-18, An Act to amend certain Acts relating to agriculture and agri-food—Chapter 2.

Agriculture

[Craig Scott, NDP, Toronto—Danforth, ON]

Mr. Speaker, my office has been inundated by petitions signed by many hundreds of my constituents in support of farmers' seed rights and against the economic strategies of many GMO corporations. These petitions are circulated by the good people at the Big Carrot Natural Food Market, located in Toronto—Danforth.

The Big Carrot plays a key role in mobilizing Torontonians to support family farms, promote food safety and food security, and arrest the deepening market domination of agri-business megacorporations.

The NDP is standing with these constituents in opposing the Conservatives' omnibus bill, Bill C-18. The NDP tabled 16 amendments to improve this bill. We sought to ensure that farmers' rights to save, reuse, exchange, and sell seeds were protected to level the playing field between seed breeders and farmers, and to protect farmers from abusive litigation by GMO seed companies.

However, every amendment was rejected by the governing Conservatives. It is time for the government to start listening to concerned Canadians and to all stakeholders.

Business of the House

[Peter Van Loan, Conservative, Leader of the Government in the House of Commons]

Mr. Speaker, I want to thank the NDP House leader for his usual Thursday question, his optimism, and his hope. We are happy to see optimism and hope over there. I can assure members that on this side of the House we share some of that optimism and hope, and we look forward to better days for the NDP.

I also want to thank him for his program of daily concurrence motions this autumn. It has meant that practically every day we have had a chance to have a say on the hard work our committees do and specifically on the report the NDP tabled between the throne speech and the summer adjournment. In just the last five sittings since my last Thursday statement, this House has considered and adopted reports prepared by the Canadian heritage committee, the veterans affairs committee, the finance committee, and even the procedure and House affairs committee.

As a former international trade minister, I took great joy in seeing our debate and vote on the agriculture committee's report on the Canada-Europe free trade agreement. The NDP's concurrence motion allowed my colleague, the agriculture minister's parliamentary secretary, to bring forward his own motion reflecting the developments that followed the committee's work calling on the House of Commons to endorse this free trade agreement. In the past, the committee and the NDP had expressed concerns that they could not commit to a position until the agreement's text was available. Now that the agreement's text is available, they had an opportunity to endorse it right here in this House. Having seen the text of that agreement, I was disappointed that the NDP voted against it. It would be the single largest boost to the Canadian economy in a generation, one that would produce billions of dollars annually to the economy.

That being said, we have other business to attend to in this House.

With respect to the business of the House, let me acknowledge the co-operative and productive conversations we and our teams have had this week with the other parties. This afternoon and tomorrow, we will debate Bill C-26, the Tougher Penalties for Child Predators Act, at second reading. Monday, we will have the third reading debate on Bill C-18, the Agricultural Growth Act.

Tuesday morning we will consider Bill C-40, the Rouge national urban park act, at report stage and third reading. In the afternoon, we will switch to the third reading debate on Bill C-27, the veterans hiring act, which I hope will be passed quickly given the apparent support for it.

On Wednesday, we will start the second reading debate on Bill C-42, the common sense firearms licensing act.

Next Thursday will be the sixth allotted day when the NDP will bring forward a proposal for debate.

Wrapping up next week, on Friday we will have the fourth day of second reading debate on Bill C-35, the justice for animals in service act, which is known more affectionately as Quanto's law.

Finally, for the benefit of all of the committees of this House and their planning, following some consultation with my counterparts, I am currently looking at Wednesday, December 3, for the final allotted day. However, I will formally confirm that sometime next week, I expect.

Bill C-18--Time Allocation Motion

[Malcolm Allen, NDP, Welland, ON]

Mr. Speaker, as we have unfortunately become very accustomed to in the House, we have time allocation and this time it happens to be with respect to agriculture. I guess we have to spread it around every ministry to ensure everybody gets an opportunity to come and defend time allocation in this place, so now it is the Minister of Agriculture and Agri-Food's opportunity.

Even when the minister came before committee, he said that the bill was not quite the way the government wanted it and required some changes. He is correct about some of the things that go on in this place because of the way the process is when it comes to the amendments. However, we submitted 16 recommendations that we thought would strengthen the bill. In its wisdom, the government side of the committee decided to vote against all of them. That was disappointing to say the least because the minister said that he would send a recommendation and the department would have some changes to it, which actually came about. However, it turned out to be a very small piece.

Clearly, the dilemma with Bill C-18 is that it is an omnibus bill, so there are many moving parts contained within it, some of which we like. The problem is we have to vote for all of it, so we have to vote for the parts we dislike more than the parts we like. That is part of the problem.

Ultimately, the minister said that the new seed act would take care of the new seed varieties, which is true. UPOV '91 will not affect them. However, as I said in committee, one of the amendments we tried to make was with respect to the varieties that were established today. When I asked the department this, it clearly agreed with me and said that if I applied to deregister them, there was a process for the deregistration and if that was not opposed to in any way, I could have them removed. The reality is that if I have a new seed variety under UPOV '91 and two old ones and I want to keep the two old ones, which I do not make as much money from, as a business person, I would probably take the new one. Why could we not have ensured that piece was in legislation?

There were a number of other things that did not get through the committee, which is unfortunate because we are now in this situation. The minister made a promise that he would get it done by August, and the last time I checked it was November. That is no reason for time allocation.

[Peter Julian, NDP, Burnaby—New Westminster, BC]

Mr. Speaker, it is with great sadness that I rise today in the House because of this government's sorry record. This is the 82nd time that it has imposed a time allocation motion and closure on a government bill before the House.

This sorry record is unprecedented in the history of Canada. We have never seen a government axe debate in the House so quickly before. Only a handful of people get the opportunity to speak to the bills in question.

What is even sadder is that this government has the worst record when it comes to the number of laws rejected by the court. This year alone, half a dozen bills were rejected by the court. This government keeps cutting off debate, while introducing seriously flawed bills. That is why taxpayers are paying such enormous bills, as this government has to redraft its legislation every time it makes these mistakes.

On this particular bill, Bill C-18, this is the 82nd time the government is imposing time allocation and closure. The NDP offered 16 different amendments to fix problems with the bill. Farmers have raised concerns, including the increased cost of seeds and the increased likelihood of litigation against farmers. The Conservatives have refused to amend the bill to fix these problems.

My question is very simple. Is the reason why the Conservatives are putting forward time allocation that they do not want farmers to know about the problems with the bill?

[Peter Van Loan, Conservative, Leader of the Government in the House of Commons]

Mr. Speaker, I move:

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 of the report stage and one sitting day shall be allotted to the third reading stage of the said bill; and

That fifteen minutes before the expiry of the time provided for government business on the day allotted to the consideration of the report stage and on the day allotted to the 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.

Agriculture and Agri-Food

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

Mr. Speaker, I am so glad that the question came forward and I know it comes from his heart. The difference in philosophy between the NDP and us is that we believe that farmers do not want subsidization but markets. Farmers want the ability to expand and to have access to markets, which we in government have the responsibility of giving them.

One of the other great things is the ability to be competitive with some of the other farm subsidies, whether in Europe or the United States. That why we are going to have a debate in another couple of nights on Bill C-18, the agricultural growth act, which is going to give an incredible amount of support and opportunity to farmers to be competitive, so hang in. I have all the faith in our farmers that they will compete. Give them the markets and they will compete and produce.

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

Mr. Speaker, I am pleased to speak in favour of the report of the Standing Committee on Agriculture and Agri-Food.

I would like to begin by pointing out that the committee conducted a thorough study of the Canada-European Union comprehensive economic and trade agreement, as well as the very positive economic impact it will have on Canada's agricultural sector.

The Standing Committee on Agriculture and Agri-Food heard from many witnesses who painted a complete picture of agriculture in Canada and who said they welcome the Canada-European Union comprehensive economic and trade agreement, especially considering the new opportunities it will provide to our agriculture sector.

The committee presented the House with an exhaustive report on the Canada-European Union comprehensive economic and trade agreement that included five major recommendations.

My comments will touch on the second recommendation, which reads as follows:

...that the Government of Canada continue its strong defence of supply-management to promote sustained growth and profitability in the supply-managed sectors of the economy.

Canadian dairy and farm producers are innovative and supply consumers every day. These industries contribute over $30 billion to the Canadian economy, in both rural and urban areas.

These industries also create thousands of jobs in Canada and help keep the economy strong and stable.

Supply management is vital to thousands of family farms in Canada, and it has served the interests of Canadian farmers, processors and consumers very well for more than 40 years. That is why the government continues to support the current supply management system.

However, the NDP did not even mention the issue of supply management in its 2011 election campaign. In fact, the NDP does not seem to know that agriculture and farmers are the main engines of the Canadian economy.

Yesterday, the NDP announced that it would again vote against the fundamental interests of producers, especially those of the Quebec producers they represent, by voting against Bill C-18, the Agricultural Growth Act, and the access it will provide to seed technologies.

Our government supports supply management. We have always supported supply management, and we will continue to support supply management. At the same time, our government continues to pursue extensive international trade initiatives. This is vital to Canada's exporting farmers, who depend on trade and a strong Canadian economy.

Over the past nine years, we have concluded 10 free trade agreements that have facilitated trade with more than 40 countries. Our government has negotiated and signed these free trade agreements, all the while maintaining Canada's supply management system.

In fact in 2013, under our Conservative government, we reached over $50 billion in export trade deals with our agriculture and food industry. A recent Farm Credit Canada report highlighted Canada's agricultural exports as accounting for 30% of GDP, the second largest contributor to Canada's economic growth.

It is clear that our free trade negotiations and our upholding of supply management benefit the economy and strengthen our agricultural industry. The opposition, however, has opposed almost every initiative we have brought forward to strengthen trade and increase Canadian exports.

The NDP members have even said that, if given the chance, they promise to repeal international trade agreements to which Canada is a party. Of course, they will never be given that chance.

Farmers across the country, particularly those in the Quebec NDP ridings, support free trade because it is good for agriculture, good for Canada, and good for our economy.

The comprehensive economic and trade agreement is the most ambitious trade agreement since the North American Free Trade Agreement. With these two free trade agreements, Canada would be one of the few countries in the world to have preferential access to the world's two largest economies. These economies account for approximately 800 million of the world's most affluent customers.

The Canada-EU trade agreement would allow Canadian exports to benefit from duty-free access into the EU market. This would make Canadian products more competitive and provide our exporters with a significant advantage over their competitors.

The Canada-EU trade agreement trade agreement has been welcomed by many in the agricultural industry. Wally Smith, president of the Dairy Farmers of Canada said:

We have some of the finest and best artisanal cheese in the world, without a doubt, and we can compete with anyone in the world....

The Grain Farmers of Ontario said:

The Comprehensive Economic and Trade Agreement (CETA) will benefit Ontario, and Canadian, corn, soybean, and wheat farmers.

Canada's beef industry has also welcomed this agreement:

Once ratified and implemented, CETA will provide new duty-free access for 64,950 tonnes of Canadian beef - 50,000 tonnes of which is new quota - totally[sic] nearly $600 million annually.

The Canada-EU trade agreement is now signed, and stakeholders across Canada are delighted; yet the NDP still will not say if it agrees with stakeholders, even its own stakeholders, and supports this agreement as signed.

It is most regrettable, even shameful, when a political party does not even listen to its own stakeholders.

Mr. Jim Laws, executive director of the Canadian Meat Council, summed up the benefits best when he said:

CETA will result in higher incomes for farmers, increased competitiveness for processors, more job opportunities for workers, greater choice for consumers, and higher tax revenues for municipalities.

As a result of the government's consultations with many stakeholders across Canada, we know that farmers, dairy producers, provincial producers and associations, cheese producers and importers and the provincial governments may have concerns about the Canada-EU trade agreement.

The government will keep the promises it made to dairy farmers in the event that their productivity is negatively affected by the Canada-EU agreement.

As the Prime Minister said in October 2013, the federal government is firmly committed to closely monitoring the potential effects of the agreement. We could, if necessary, provide compensation if the agreement were detrimental to farmers.

Furthermore, under the terms of the Canada-EU trade agreement, Canada's supply management system will remain strong. The three pillars of the national supply management system—production control, import controls and price controls—are still in place and will remain in place.

Canadian farmers want to be competitive. Quebec farmers also want to be competitive. How would the NDP explain to the farmers in their ridings who are in favour of this agreement that they will not support the Canada-EU trade agreement?

Once again the NDP members are not listening to those they represent. They have pro-export and pro-trade stakeholders who want the NDP to support this agreement. The time is now for the NDP to listen to farmers, listen to their stakeholders, listen to their constituents, and vote in favour of the Canada-EU trade agreement.

Canadian farmers need a final answer from the NDP. Will it support the text of this trade agreement or not?

I have talked about how this agreement is supported by farmers and how supply management would remain intact with this agreement. We have discussed this at the agriculture committee and in this House, yet the NDP cannot make up its mind if it supports free trade and supply management.

I encourage all members of this House, particularly those of the NDP, to support this agreement and supply management.

That is why I move:

That the motion be amended by deleting all the words after the word "That" and substituting the following: "the First Report of the Standing Committee on Agriculture and Agri-Food, presented to the House on Thursday, March 27, 2014, be not now concurred in but that, in view of the subsequent conclusion of negotiations on the Comprehensive Economic and Trade Agreement and its final text having been published, the Report be referred back to the Standing Committee on Agriculture and Agri-Food with instruction that it amend the same so as to recommend that the Agreement represents an appropriate balance between creating opportunities for agricultural and food exporters and maintaining the system of supply management and, therefore, Canada's free trade agreement with the European Union should be implemented as negotiated.".

Bill C-18—Notice of time allocation motion

[Peter Van Loan, Conservative, Leader of the Government in the House of Commons]

Mr. Speaker, I must advise that agreement could not be reached under the provisions of Standing Order 78(1) or 78(2) with respect to the report and third reading stages of Bill C-18, An Act to amend certain Acts relating to agriculture and agri-food.

Under the provisions of Standing Order 78(3), I give notice that a minister of the crown will propose at a future sitting motions to allot a specific number of days or hours for the consideration and disposal of proceedings at the said stages of the said bill.