Mr. Speaker, it is an honour for me to rise on the bill a second time.
Within my riding there are urban areas and there is also a large rural area where agricultural producers provide the food which we all eat and enjoy.
With respect to this motion I will go over a number of the proposals for change put forward by members opposite. There is a motion which seeks to vary the maximum allowable penalty between the first and subsequent violations. While there could be some merit to these suggestions, in light of the fact that the current maximum penalties are relatively modest, it would not be in our interests to start making distinctions between first and subsequent violations for the purpose of setting a maximum penalty which could be assessed. That does not mean that where there is a subsequent violation a larger penalty could not be assessed.
The legislation allows for maximum flexibility when determining the level of penalty to be assessed when regulations have been violated. This flexibility takes into consideration the compliance history in determining the level of the fine. That is, it does not automatically lead to a greater fine. One must also consider all of the circumstances surrounding the alleged violation in determining the penalty.
In clause 4(3)(a) of Bill C-61 the penalty amounts can be increased or decreased based on the degree of intention or negligence on the part of the person who committed the violation, the amount of harm done by the violation and the compliance history of the person who committed the violation. Therefore we have a system in which all factors are considered in dealing with the maximum level of penalty to be set.
Motion No. 4 proposes that the designated person serving the notice of violation be identified. The bill seeks to achieve administrative simplicity, an inexpensive yet effective system. This is one of the quasi-judicial procedures required by the legislation. I do not believe it would be efficient to have individuals designated within the legislation. By the definition included within the legislation, the designated person issues the notice.
The service of the notice is simply a procedural matter. What we want to see is a flexible yet efficient system for ensuring that the violator of a regulation gets notice. We also want to ensure we are not overburdened with large expenses or complicated mechanisms to get the notice to the person.
The amendments to the act will allow for the provision of service to the person by registered mail. The nature of the offence is a very important factor when considering how a person should be served or notified of the offence. These offences are absolute liability offences. Therefore the procedural requirements to ensure notification, et cetera, are at a minimum level.
At the other end of the scale we have criminal law, the violation of which requires a lot more procedural care, a very much higher standard of proof. Because these offences are of a minor regulatory nature, the service need not be such that it leads to any type of inefficiency.
With respect to Motion No. 5, there is the suggestion to legislate the minimum time of 45 days within which a penalty may be paid. Dealing with time frames within legislation, at one time in our system of government it may have been quite reasonable to include within legislation time frames within which penalties may be paid or within which certain actions may be taken. However, as our legislative requirements have grown it has become more complicated.
Acts have become far more comprehensive. We are dealing with what goes into an act and what should be within the regulations. Acts are not easily amended or changed. Therefore if a provision in an act such as a time frame is found to not function properly we may be stuck with that time frame for a considerable length of time if we are looking at amending legislation to get the change.
What is being proposed is that these time frames be contained within the regulation where it is appropriate. If found to be unworkable or in need of an amendment they can be changed with the minimum amount of disruption to the system. In a cheap, effective manner they can be changed as quickly as is practical. This is what insertion of time frames within the regulations would allow.
Motion No. 18 is another motion to insert the word reasonable within the statute. It is to clarify that expenses recovered by the crown in respect of the disposal of forfeited goods are reasonable. While this was not in the legislation, certainly it was always the intention of the department to be reasonable in the charges and requirements it makes of people who forfeit goods. This is implied within the legislation.
The term reasonable would no doubt be implied in the legislation anyway. Obviously where the goods are forfeited they will not be able to make exorbitant charges. There are limitations.
The Reform Party has put forward a sensible amendment which reflects the intent of the legislation and which therefore should be accepted. It shows the openness of the government and the minister. It shows a lot of flexibility, and I appreciate that flexibility on the part of the minister.
The issue of allowing the violator to rely on the due diligence defence has been carefully addressed by a number of my other colleagues. I will echo those remarks.
Once again, I appreciate the effort that has gone into making this bill such a success. Congratulations to the minister for yet another fine piece of work.