Mr. Speaker, I intend to support Bill C-61 in the name of my hon. colleague the Minister of Agriculture and Agri-Food.
Bill C-61 introduces an administrative monetary penalty system that should result in a higher rate of compliance with the regulations respecting imported or domestic agri-food products. It would also enable employees of Agriculture and Agri-Food Canada to more effectively enforce federal regulations.
Under the current system the only options available to regional inspectors are to give warnings, to seize or detain products that are not in compliance with standards, and to prosecute alleged violations in the courts. Although recourse to the courts is sometimes necessary, in most cases it is preferable not to proceed through the criminal justice system. This saves time and money.
We all know how costly the criminal justice process can be both to government and the private sector. Moreover criminal prosecution is usually considered an excessive reaction to regulatory violations as it can lead to a criminal record and imprisonment. As a result we had to find effective mechanisms that were as non-coercive as possible to bring firms into compliance with our regulations.
In my view the administrative monetary penalty system is the best approach for decriminalizing violations of the regulations. It brings these regulations into the 21st century for higher efficiency.
As the name suggests, the administrative monetary penalty system provides for a broad range of monetary penalties for enforcing Canadian regulations respecting agriculture and agri-food products. For instance, small fines would be issued for minor violations while larger penalties would be issued for more serious offences. That being said, Bill C-61 precludes criminal prosecution in cases of serious and repeated violations. However the criminal justice system would only be used as a last resort when all other options have failed.
The centrepiece of Bill C-61 is the compliance agreements that can be negotiated under AMPS. Officials representing Agriculture and Agri-Food Canada would have the authority to negotiate the terms of compliance agreements with offenders. In addition, inspectors would be able to reduce or waive fines if the offender takes the necessary steps to ensure future compliance. Inspectors would obtain assurances that corrective action would be made at the source.
In some cases this might involve upgrading a plant, replacing obsolete equipment, making changes to manufacturing processes or implementing a more stringent quality control system. In other cases proper employee training at the plant might remedy the situation. In brief the inspectors would have credible indicators that the problem would be resolved in the very short term.
The objective of Bill C-61 is not to punish offenders. In fact offenders can completely avoid penalties by taking immediate corrective action. It is clear this is the best way to achieve co-operation from violators without delays in a very precious time frame.
A monetary penalty system similar to that proposed by Bill C-61 is already being used successfully by Transport Canada and several departments in the United States. In their experience nine out of ten offenders pay their fines outright. As a result very few cases go before a review tribunal or court of appeal.
On the basis of this experience it looks in the future like Agriculture and Agri-Food Canada would be in a much better position to carry out its broader control activities.
As we know, the Department of Agriculture and Agri-Food must inspect plants and animal products imported into Canada by the travelling public. Among other things, plants, skins, live animals and meat products must be declared to protect the agri-food sector and consumers against the potential risks of exotic disease.
In addition, inspectors are permanently assigned to most ports of entry to control the safety of food products and to ensure compliance with regulations. This aspect is of critical importance for Canadian firms that compete directly with imported products.
The program review currently under way at Agriculture and Agri-Food Canada is clearly favourable to the implementation of the administrative monetary penalty system. It is felt that inspectors need this tool to improve the efficiency and the effectiveness of the regulatory system.
Canadian agri-food organizations feel that the new system is essential given the current context of the liberalization of trade. I should also mention that the United States, Mexico and a number of countries of the European community have already implemented monetary penalty systems. The implementation of Bill C-61 would ensure a level playing field for everyone.
To conclude, the administrative monetary penalty system would facilitate the job of inspectors and give them the tools they need to be more effective in enforcing regulations. This would improve our business relations with foreign firms and would ensure compliance of both domestic and imported agri-food products with Canada's regulatory system.
The bill ensures the fundamental controls and regulations are in place to take Canada into the 21st century. At the same time it ensures a quality and safe supply of food to Canadians.
