Mr. Speaker, I will deal with the two motions in Group No. 4.
On Motion No. 20, again showing how reasonable we are, I agree with the motion. The amendment possibly brings a little more clarity to the bill. It clarifies that the minister carries the burden of proof in both the ministerial review and the review by the tribunal that the person named in the notice of violation committed the violation. This is precisely what the current wording of the bill provides. I have no objection to accepting the proposed amendment; maybe it clarifies the matter a little further. It shows how reasonable we are on this side of the House.
The intent of the legislation is to set up the administrative monetary penalties act. At present an inspector with responsibility for enforcing the agri-food act determines there has been an offence under the statute. There has been much mention that he or she should proceed through the criminal justice system to obtain a penalty for the offence. The inspector must file a complaint with the attorney general who will, where appropriate, commence proceedings against the offender.
Currently whenever a penalty is sought, the entire judicial system must be brought to bear regardless of the seriousness of the offence. The expense and delay inherent in the procedure is often disproportionate to the particular offence. In some cases the fines imposed are very small and in other cases they create a criminal record, which is perhaps too severe a penalty.
In terms of seeking an alternative the government established a system of administrative monetary penalties so that an inspector who determines there has been a violation of the agri-food act could impose a fine on the offender immediately rather than proceed through the judicial system. Basically the government is creating efficiencies in government, being fair and reasonable to all and protecting the interests of the public under the act.
I will mention a couple of points and why the minister must carry the burden of proof. There is a lot at stake and it is important the minister carry the burden of proof. The administrative monetary penalty system will be one that allows the FPI to levy monetary penalties for non-compliance with branch acts and regulations. As has been mentioned by others in the debate, it is less costly, would not tie up the court system and creates a great deal of efficiency.
The administrative monetary penalty system will lead to more equitable enforcement of regulations by allowing the department to take effective action against importers and domestic companies marketing products that do not meet Canadian health, safety and quality standards.
As the system starts to evolve, the industry will recognize the pressure the new system puts on it. The industry will continue to comply with the regulations without having to get into any great enforcement measures. That is important. That is the objective of the system. The criminal prosecution system will remain an option and is available should it become necessary.
It is important that monetary penalties can be offset through compliance agreements. The proposal is to reduce the fine by $1 for every $2 a company spends on new equipment, process changes or staff training to prevent the recurrence of non-compliance. That is also an incentive for the industry to comply with the regulations. In this way the system emphasizes compliance, not punishment for behaviour, which is certainly a great step in the right direction. The administrative monetary penalty system fits with the government's regulatory review agenda to improve regulatory effectiveness and decriminalize most regulatory offences.
The intent of Motion No. 20 is a good one and can be supported. However Motion No. 23 is a horse of a different colour and I cannot support it. The amendment provides that "no lobbyist or party to a contract with the Public Service of Canada shall be appointed as a member of the board or the tribunal".
The bill requires that members of the tribunal have technical qualifications related to the areas of agriculture and agri-food and are not in positions of conflict of interest relative to the matter before them. In addition, it has been clearly set out that no member of the tribunal may be employed in the Public Service of Canada.
The intent of Motion No. 23 is taken care of in other ways. If one were to incorporate the amendment, in essence it would make the legislation more cumbersome. In effect Motion No. 23 is unnecessary and I have to oppose it.