Crucial Fact

  • His favourite word was reform.

Last in Parliament April 1997, as Reform MP for Kindersley—Lloydminster (Saskatchewan)

Lost his last election, in 1997, with 33% of the vote.

Statements in the House

Agriculture And Agri-Food Administrative Monetary Penalties Act November 1st, 1995

They are saying: "No, no, no. We do not want your reasonable approach; we do not want to be accountable". They are saying they just want to be left alone to go on their merry way and try to keep as much information from the public as possible.

I want to assure this House that we on this side will not let that happen. That is why we are exposing the flaws of Bill C-61. That is why we cannot support Bill C-61. It is time to start building a country that is ready to operate in the 21st century. This bill could have helped us do that, but it did not finish the job. I would ask that in future when members opposite start drafting legislation that they think a little more clearly than they did when they drew up Bill C-61.

Agriculture And Agri-Food Administrative Monetary Penalties Act November 1st, 1995

Madam Speaker, I rise in the House to talk about Bill C-61, the Agriculture and Agri-Food Administrative Monetary Penalties Act.

Plans for administrative monetary penalties have been on the books in the department of agriculture for at least a couple of years. Under a system of administrative monetary penalties, or AMPS, an inspector who determines that a violation of an agri-food act has been committed can impose a fine on the offender rather than go through the judicial system. The main goal of AMPS according to the department is to obtain compliance rather than to punish. The United States and some countries in Europe have been using an administrative monetary penalty system for some time.

The Reform Party is not opposed to the concept of administrative monetary penalties. We like the idea of a penalty system that is more efficient and cost effective, a system that helps individuals and companies to comply with regulations. In addition, most of the organizations I have talked to support the concept of administrative monetary penalties. However there is a difference between supporting the concept of AMPS and supporting an AMPS program as proposed in a piece of legislation.

Before I discuss the problems associated with the legislation, I believe it would be helpful to the House to give a short account of the history of Bill C-61 since it started some time ago. On December 5, 1994, Bill C-61 was given first reading in the House. Second reading of the bill was given on February 10 and 13 of this year. It was then referred to the Standing Committee on Agriculture and Agri-Food for consideration, and the standing committee reviewed the legislation on March 15, 23, 30 and April 4 of this year.

On March 15 departmental officials explained the bill's provisions and answered questions. On March 23 Transport Canada officials explained the administrative monetary penalty system introduced in 1985 under the Aeronautics Act and answered questions. On March 30 Ghislaine Richard, former vice-president of the Civil Aviation Tribunal, provided evidence to the committee on the function of the tribunal particularly as it related to the implementation of Transport Canada's administrative monetary penalty system, and she answered questions.

On April 4, Agriculture and Agri-Food Canada officials returned to respond to concerns expressed by the members about disincentives to contest charges, the burden of proof criteria for adjusting the penalty amount and other issues raised during discussion of the bill. The bill was then put to bed and because of the criticism of the bill we thought it may never come to prominence in the House again.

I raised a point in committee and in the House which the minister of agriculture commented on a few minutes ago. In committee the parliamentary secretary for agriculture handed out a list of industry associations that he claimed had personally endorsed Bill C-61. He also suggested there were letters available that would verify this endorsement and that we were welcome to request copies of the letter if we chose to do so.

We requested the letters of endorsement and found that a majority of the letters had been written two to three years before the bill was tabled in the House last December. We acknowledge the fact that the department of agriculture consulted with the industry associations. However we have some qualms about the way the parliamentary secretary for agriculture presented the facts or lack of facts to me and my colleagues with regard to the endorsement of the legislation.

Most of the letters to the department endorsed the concept of an AMPS but not necessarily the bill as it exists before the House today.

The minister of agriculture suggested that we had only contacted three on the list of organizations that we were given indication had endorsed Bill C-61. The minister is wrong. Since the list was submitted by the parliamentary secretary to the committee, we have contacted directly presidents or government relations people from eight of the eleven organizations on the list.

In several cases the signatories of the letters were no longer with the organization. This presented a problem in tracking down the appropriate spokesperson. The eight organizations that we directly contacted included those on the list of the parliamentary secretary that he distributed to the committee. We were unable to speak with some of the people because they were no longer in the organizations they used to represent.

The parliamentary secretary indicated that these were the letters of endorsement he had on file for Bill C-61, and that was not true. Bill C-61 was not in existence when the letters were written. Perhaps, as the minister suggested, there was some other correspondence with these organizations. He certainly has not given us copies of any further endorsements of Bill C-61 and what date the endorsements came about. He told us he issued press releases and had communications with 100-odd organizations but he has never given us any hard copies that would validate his claims.

When we contacted the people whose names had been given by the parliamentary secretary, they were quite surprised to find out there was a Bill C-61. On a few occasions they asked for a copy of the bill and said that if they are supposed to have endorsed the bill

they should at least see what it is, what it is all about and what are the details of the bill. They were rather shocked.

The minister did not clearly respond to our concerns. Specific letters were given to us that were alleged to have been support for Bill C-61. That was not true. They were not letters of support for Bill C-61. They were letters written before the Liberal government was even elected to the House of Commons.

The information we were given was wrong. If that is any indication of how the department of agriculture runs or any reflection on the capabilities of the minister of agriculture and his parliamentary secretary, those of us who are farmers certainly have a great deal to be concerned about.

As I have already mentioned, the Reform Party endorses the AMPS, but we want to know if the department of agriculture consulted the industry associations one time and then did whatever it pleased, or if it actually took the time to address some of the industry's concerns. The industry had some concerns that it put forward in letters that were not letters of support for Bill C-61 but were letters that said they supported an AMP concept.

Only after we raised a stink in the House did the minister's office call industry associations for approval. As the minister readily admitted in his speech, he had to go back and contact the organizations. I think we hit a raw nerve or created a bit of a stir. We actually followed up the leads and caused some problems for the minister because he had not done his homework and he did not know what was going on.

In talking to some industry associations about Bill C-61 there was substantial concern regarding its implementation. Associations, producers and processors want assurances the system will be applied fairly, uniformly and consistently across all programs and regions.

When department of agriculture officials appeared before the committee they repeatedly made reference to the importance of a safe food supply for Canadians and the impact AMPS would have in ensuring that it was possible.

While some of the violations will undoubtedly touch the issue of food safety, many of the other violations will be of a technical variety. For example, the printing on a label may be a centimetre too small or there may be problems importing a certain type of herbicide that has been used in the United States for a number of years without complications.

One of the national industry agencies we consulted had reservations about the application of penalties due to technical violations of regulations such as the examples listed above. There were concerns and these organizations felt their concerns had not been properly addressed by the minister.

It would be good if the minister would clarify the situation and give us proof of recent communications with these organizations. He should give us some letters dated 1995, not 1992 or 1993.

On March 23 and March 30, 1995 meetings of the committee raised some serious concerns for members on this side of the House as well as on the other side. At that time I was not part of the agriculture committee but I have had the opportunity to review the minutes from the proceedings in question. One of the main concerns raised by committee members was the issue of due diligence.

Under the original legislation as it appeared before the committee the clause in question, clause 18, read as follows:

A person named in a notice of a violation does not have a defence by reason that the person

(a) exercised due diligence to prevent the violation; or

(b) reasonably and honestly believed in the existence of facts that, if true,would exonerate the person.

This clause explicitly left out due diligence as a defence for individuals served a notice of violation. This provoked questions delving into whether the system of AMP should operate on a strict liability regime or an absolute liability regime. Strict liability means it has to be proven someone committed the violation with intent. Absolute liability does not consider the intent with which the person committed the violation and therefore does not allow for defence under due diligence.

Mr. Mazowita, director of legislation and compliance for Transport Canada, who appeared as a witness before the committee, commented on this question with respect to the aviation environment:

In the aviation environment we find it appropriate to provide for the defence of due diligence-there can be all kinds of circumstances in which a pilot or a commercial operator or manufacturer has done everything reasonable that a pilot or air carrier manufacturer could be expected to do, and in our program we don't believe it is necessary to punish individuals or companies who act in good faith in such a manner.

The question was then raised of why would a defence of due diligence be workable under the Aeronautics Act but not under the agriculture administrative penalty?

This is not the first time concerns about due diligence were raised. In a memorandum dated February 16, 1995 from the general counsel to the Standing Joint Committee for the Scrutiny of Regulations, these concerns were outlined. Edgar H. Schmidt, in a memo quoted the following principle which was made by the Supreme Court of Canada in the case of Reference re Section 94(2) of the Motor Vehicle Act. It stated:

It has from time immemorial been part of our system of laws that the innocent not be punished. This principle has long been recognized as an essential element of a system for the administration of justice which is founded upon a belief in the dignity and worth of the human person and on the rule of law.

In my view it is because absolute liability offends the principles of fundamental justice that this Court created presumptions against legislatures having intended to enact offences of a regulatory nature falling within that category.

Indeed, as I said, in penal law, absolute liability always offends the principles of fundamental justice irrespective of the nature of the offence.

Mr. Schmidt, in commenting further on the question of absolute liability, said the following:

Since the advent of the Charter, certain principles take precedence even over the enactment of the legislatures. With respect to offences of absolute liability, the Supreme Court of Canada has held that section 7 of the Charter-

-which says that everyone has the right to life, liberty, the security of the person and the right not to be deprived thereof, except in accordance with the principles of fundamental justice-

-prohibits the creation of absolute liability offences that may be punished by imprisonment. In essence the Court held that while all absolute liability offences offend the principles of fundamental justice, only when such offences interfere with the right to life, liberty or security of the person do they offend section 7 of the Charter. Since the violations contemplated by Bill C-61 cannot result in imprisonment, it is not likely that they offend the particular interests protected by section 7. However, that does not change the fact that in making violations matters of absolute liability, the bill offends the principles of fundamental justice.

Clause 18(a) of Bill C-61 effectively places violations in that category which the Supreme Court of Canada characterized as absolute liability offences. It is worth noting that violations under the bill would for the most part be a contravention of the act or regulations that would also constitute either summary conviction offences or indictable offences.

The effect of the bill is to permit the minister to transform any of the matters which are presently solely strict liability offences into matters which are also absolute liability violations by simply designating them under clause 4 of the bill. These are not my observations, but the observations of Mr. Schmidt who certainly knows what he is talking about.

The office of the minister of agriculture responded toMr. Schmidt's concerns by suggesting that an absolute liability standard was "to ensure high standards of care for regulatees, in light of the risk that non-compliance may have on human health and safety".

The Reform Party is also in favour of ensuring high standards and protecting human health. If there are concerns that human health is at risk, I would classify that as an offence. If an individual is to be charged with an offence, that person would have the option of using the defence of due diligence, a right that is not available to individuals served a notice of violation. If someone commits a very serious offence, there is the right of due diligence as a defence. If a lesser violation is committed under Bill C-61 there is no right of due diligence as a tool of defence.

I should make it clear that not all violations under agriculture and agri-food acts can be classified even as a threat to human health and safety. The Liberals and the department of agriculture have repeatedly said that absolute liability is the only way this system can work properly. I am sure the government across the floor is saying that there are provisions within the legislation to take account of the intent of the individual served the notice of violation.

In committee a week and a half ago we raised the point with regard to this issue. Both Mr. Phil Amudsen, director general of mid-west region food production and inspection branch and Mr. Reg Gatenby, chief, legislation, food production and inspection branch addressed the point rather haphazardly. I quote Mr. Amudsen:

In the penalty matrix, intent is part of the evaluation of what the penalty will be-.So it is part of the penalty process, but it is not a defence for getting out of the whole violation.

For example, in the penalty matrix, intention falls under the gravity of misconduct and there are four levels of intention. The first level says: "Unknowingly or inadvertently committed a violation or voluntarily disclosed and took steps to prevent reoccurrence". There are zero points charged for this category.

The second category is: "Degree of negligence (assess degree of control in place of precautions, feasibility, knowledge of hazards, degree of expertise)". For this type of violation three points are docked.

The third category is: "Intention unknown". It is a violation resulting from negligence and is docked three points for that category.

The fourth and final category is: "Knowingly committed a violation", for which five points are received.

A penalty matrix including intent is not a defence under due diligence. For example, an individual who exercised due diligence, depending on the gravity of the misconduct, will pay slightly less than the individual who knowingly committed a violation. This is not a fair system. There should be some sort of recourse for individuals to take that exercise due diligence. I am in favour of coming down hard on those individuals that intentionally and knowingly committed a violation, but we should be more lenient with those individuals who have exercised due diligence.

I will give an example. Under the Pest Control Products Act it states that farmers are to compensate for drift when they spray herbicides or pesticides. Every farmer knows that when the wind comes up they have very little control over the spray. Wind velocities and directions change in a matter of seconds. Under this legislation farmers could be charged even if they exercised due diligence in spraying. Later I will discuss a motion that we put forward regarding due diligence at report stage.

I also want to talk briefly about the time line of Bill C-61. When committee members reviewed the bill during the early part of this year, there were some serious concerns. I have only in the past few minutes addressed one of the many concerns that all parties had with the bill.

After April 24, 1995 this bill went into hiding. Why did the legislation go into hiding for over half a year? Were the Liberals waiting for the smoke to blow over? The committee had some serious concerns with the legislation. They put forward a number of amendments in committee that were to be considered. Instead, when the committee resumed this fall with a number of new members on the committee, the amendments were from the department of agriculture. Although the department adopted a couple of what I would call token amendments, the major concerns were not addressed adequately, including an amendment dealing with due diligence.

What is the purpose of the committees if any well thought out amendments are tossed to the side in favour of departmental amendments only?

The red book on page 22 states: "In the House of Commons a Liberal government will give MPs a greater role in drafting legislation through House of Commons committees". That is what it said but it is certainly not what it is doing.

Last week when Bill C-61 was at report stage, the Liberals accepted three amendments from the Reform Party. We brought amendments forward at report stage simply because we knew there was no way these amendments would have passed through committee.

It was quite funny to watch the clause by clause debate at committee a couple of weeks ago. A number of new members appeared at the committee. They were imported especially for clause by clause study. The meeting was set up for a Monday evening, which is very strange for clause by clause. Actually only a couple of committee members really knew what was in the bill. One of them, to his credit, was the member for Malpeque on Prince Edward Island and the other was the parliamentary secretary, the one who had given us the information that turned out to be incorrect.

However, the rest of them were simply voting machines. In fact, the member for Dauphin-Swan River had the list of amendments from the department of agriculture that it had approved and at the appropriate time she would insert a duly approved amendment from the department. It was obvious that any other amendments that would have been put forward would have been summarily dismissed without due consideration.

That does not speak very well for the committee process in this House. It tells us the attitude of the Liberal government. It tells us that committee work for the most part is a baby-sitting service for Liberal backbenchers and not a place to deal with meaningful legislation.

Although the amendments that were accepted at report stage provided some well-needed clarification to the legislation, the government failed to accept the amendments that would not only make the AMP system better but more palatable to the industry, producers and those responsible for enforcement.

The Liberals, and in particular the member for Regina-Wascana, the minister of agriculture, patted themselves on the back suggesting they had exhibited a spirit of co-operation in accepting three Reform amendments. This government constructs the facade of democracy but inevitably disregards the constructive aspects of the consultative process.

I would now like to address the amendments I put forward at report stage. As I just mentioned, the Liberal government is unwilling to consider amendments that would have had a substantive bearing on the implementation of the act. The amendments were an attempt to quantify and qualify the powers of the minister, the powers of the tribunal to which the violators can appeal and to clarify certain parts of the acts and the rights and responsibilities of both the violator and the minister in enforcing and administering the monetary penalties and forming compliance agreements.

The first amendment that the Reform Party put forward at report stage under Motion No. 1 was to set out some guidelines with regard to the minister's powers. As it now stands, there is nothing in the legislation that determines the differences between violations which the AMP system addresses and an offence which the judicial system addresses.

This amendment would have required the minister to put forward some criteria. In committee, witnesses from the department of agriculture suggested that an extremely serious violation would be considered an offence and prosecution would fall under the court or justice system, whereas a very serious offence would fall under the AMP system.

The question I would like to ask is at what point does a violation cross the threshold and become an offence? There should be some sort of consistency across the board. To arbitrarily determine on

the basis of each case whether the infraction is a violation or an offence is not fair and not reasonable.

Individuals and companies should be given a clear indication what procedure the department is following in the implementation of the AMP program. It is a disappointment when members opposite disregard an amendment that would provide greater clarification.

The way the act now reads the minister can use his power to prevent his friends from receiving the justice they deserve while throwing the book at political opponents. He can also go soft on violations in his own riding but be overly aggressive on alleged violations from an NDP or Reform riding. This can digress to the politics played at lower levels in the administration. There are no checks and balances, no criteria and no parameters to restrict this type of biased administration of the AMP program.

The second amendment put forward by the Reform Party under Motion No. 3 set out to lower the fines by half for first time violations with subsequent violations being subject to the original fines set out in the legislation.

While the hon. member for Malpeque suggested at report stage that the Reform Party, in dealing with the violations of law or quasi-law, wants to go all out and go for the jugular, I would beg to differ.

The Reform Party believes that some leniency should be shown to small business producers and processors for first time violations. Most of the violations that fall under the agriculture and agri-food act do not require that substantial fines be levied. Remember, we are not talking about serious indictable offences. We are talking about a small business, a producer or a processor. Given the economic situation they face today, they could easily be put out of business with the levels of fines proposed under the legislation.

If the parties offend for the second time it is then that we throw the book at them. It is only reasonable that this amendment should have been given consideration.

It is ironic that when we deal with violent offenders, serious criminals, the members on the Liberal side are so compassionate. They want to be so careful and protect the rights of those people, some of them vicious and malicious and repeat offenders. When it comes to small business, when it comes to people who make their living in agriculture or the processing industry, the Liberals want to be so strict. They want to come down with harsh monetary penalties, even on a first offence, and not even allow those people the right of due diligence in offering a defence.

You wonder about the priorities of this government. Sometimes it just makes you sick.

The third amendment we proposed at report stage, under Motion No. 4, was another one of common sense. It set out to identify the designated person serving notice of the violation. As I stated last Thursday, this is a common procedure that is useful, valuable, and will also protect the person who is alleged to have made the violation. I want to stress once again that this amendment was a common sense one and I thought the Liberals had enough common sense. Unfortunately, they did not even have that minute amount to accept the amendment we proposed.

The fourth amendment we put forward, under Motion No. 5, was to improve the legislation by giving the person served the notice of violation at least 45 days to pay or ask for a review by the minister or the tribunal. The legislation outlines that the minister can prescribe any regulations in the act that require prescribing, in other words, a blank cheque. The minister can do whatever he wants.

I believe that some of these regulations can be put within the act. The Liberal members keep repeating that including time frames in the legislation is impractical because it is very difficult to make future changes. The amendment put forth requires only a minimum time period to pay or ask for a review by the minister. The intent is to prevent the minister from arbitrarily and unreasonably setting the time period in which the individual served notice of violation has to pay.

This and similar amendments are necessary parameters to allow for industry confidence in the AMP system.

The minister under this act in two days can say either pay or ask for a review by the department or by the tribunal. Two days is unreasonable. There are no parameters. It is just a wide open field. It is hunting season year round in Bill C-61.

The fifth amendment that we proposed was put forward under Motion No. 11, setting out to prevent the minister from taking security above and beyond the gravity of the violation. This amendment provides clarification as to what is reasonable security. It parallels the acceptance of the Reform amendment to clause 10 which reads: "include a provision for the giving of reasonable security"-and that was an amendment accepted by the minister-"in a form and in an amount satisfactory to the minister as a guarantee that the person will comply with the compliance agreement".

This amendment is an incentive for the individual to comply with the agreement while at the same time it prevents abuse of the system by the minister.

I would also like to comment on the sixth amendment we proposed. This amendment would have required the review tribunal to complete the review within six months of receiving the person's request for a review. This would have prevented reviews

from taking longer than six months to complete. For the sake of expediency of the review process we put forward this amendment.

As I stated at report stage, cases could drag on for quite some time. This is certainly not fair to the accused, to the individual who is waiting for a review of his or her case. Most of all it is not fair to taxpayers to bear the cost of an ongoing review that could never end because there is no restriction as to how long it can continue.

All individuals who are affected by this legislation want a system that is expedient and cost effective. It is in the best interests of this House to make legislation that way and it disappoints me when the government refuses to accept constructive amendments.

The seventh amendment, proposed under Motion No. 19, was the most important amendment we put forward. This amendment sought to allow for the defence under due diligence and an individual should be exonerated if the person reasonably and honestly believed in the existence of fact that if true would exonerate the person.

I talked about this earlier in my speech and it was raised in committee. If our amendment had been accepted by the government, the concerns raised in committee by the general counsel and by industry officials would have been put to bed. However, they are still out there. Excluding due diligence from this legislation makes the bill flawed and not supportable for me and my colleagues. This is one of the main reasons we cannot accept Bill C-61.

The final amendment I will mention was Motion No. 23, which was proposed in the House at report stage. It deals with conflict of interest and appointments of the review tribunal. That amendment went one step further than the conflict of interest clause in stipulating that no government lobbyist or a person who has contracts with the federal government may be appointed to the tribunal.

When the governing party was the official opposition, when the Liberals sat over on this side of the House, there was an outcry from Liberal members almost on a daily basis about the Tory appointments to boards and tribunals. Guess what? Now that the Liberals have moved from this side to that side of the House, the Tory status quo seems to be okay.

We have been going through a time of crisis in our country with the threat of Quebec separation. It is time to start putting solutions on the table. One of the solutions to our problems, which is gaining some momentum and acceptance right across the country, is to move toward a more decentralized government.

One of the ways this federal government could put its money where its mouth is would be by not becoming so involved in appointments of every position it could possibly control from within the privy council. This government has not chosen to do that. It has chosen to have a hands on approach to every appointment on every board and quasi-judicial whatever.

That is offensive to Canadians right across the country. It has created incompetence. It could have a great negative impact upon the carrying out of administrative monetary penalties. It could have been corrected in this bill if strict conflict of interest guidelines had been placed in it. However, the Liberals chose the status quo. They chose to have their hand in the bag handing out the goodies to their friends. They wanted that option. They refused to shut the door on patronage and on being directly involved with patronage appointments.

We want this legislation to be clear and concise with regard to appointment practices. Convoluted legislation opens the door to abuses and downright confusion, as with the Income Tax Act. The Income Tax Act has become so complicated it has become a vehicle for loopholes, abuse, and tax avoidance. The more government tinkers with it, the worse it seems to get.

That is why the member for Calgary Centre, the member for Capilano-Howe Sound, and other of my colleagues are pushing this country to accept the flat tax. They are talking with Canadians from coast to coast about tax reform that will take away the confusion, take away the complexity, and reduce the cost and the bureaucratic red tape. That is the way the department of agriculture should be moving as well.

If we could clean out some of the garbage in the bureaucracy and clean out the hands on approach to appointments, we would simplify the administration of monetary penalties, just as we would clean up the Income Tax Act if we implemented the flat tax.

The last two amendments I would like to speak about come from the less than loyal official opposition. It may seem strange, but it is true that we supported amendments put forward by the hon. member for Lotbinière. We were considering the same amendments, but the hon. member was able to table his amendments prior to ours.

One amendment requires that any governor in council appointment to the review tribunal be approved by the agriculture committee. The Reform Party fully supports this type of process. In fact the Liberal government supported it as well. The government supported it on paper. The Liberals supported it before the election. On page 92 of "Creating Opportunity: The Liberal Plan for Canada" it was stated: "We will establish mechanisms to permit parliamentary review of some senior order in council appointments".

Where are they? Where are those reviews? Where are the parliamentary committees involved in reviewing these appointments? We were told that the minister and the privy council had appointed somebody to be the chair of the CBC. It never came before the House of Commons. We turned on the news and found out that Perrin Beatty, former Tory MP, former member of the

previous government that helped run up a debt of some $500 billion, was the president of the CBC. There was no input from us.

This piece of legislation allows for the formation of a tribunal, with no input from parliamentarians. We are sidelined. We are spectators. We are not participants in pulling the levers of government. We are just supposed to sit back and watch the action. If you are on the government side you have to politely applaud. If you are on the opposition side, the Liberal strategy is to ignore you and barge on and hope they can buy the next election. Of course we know the dollars are gone and they cannot buy things any more. The chickens will come home to roost, just as they did for the Tories.

The Liberals are going to have big problems ahead justifying all these order in council appointments with no review whatsoever outside of the privy council, outside of the ministers and their deputy ministers.

I would like to ask the members opposite if anything has been accomplished lately with respect to parliamentary reviews of appointments. I would suggest that having the agriculture committee approve any appointments to the review tribunal would have been an excellent starting point.

I want to conclude by making one last point. The intent of the AMP program was not only to ensure compliance but to have a program that was consistent with those of the United States. It does not do much good if there is a harmonized AMP program with the U.S. while having two countries that lack harmonization or equivalency in requirements.

It is time for this government to pursue harmonization standards with countries it trades with. A number of farmers and biotech companies are expressing discontent with this government for disallowing or slowing the registration process for certain seed varieties or for certain herbicides.

One biotech company came to me and suggested that it was thinking of pulling out of Canada and taking the jobs it provided in Canada back to the United States if there were no changes forthcoming in the current process.

Millions upon millions of dollars are at stake here, not to mention the employment opportunities. If Canada is not willing to co-operate, companies will set up shop where the environment is more friendly.

The department of agriculture should have good reason when it refuses to authorize the use of a product or harmonize regulations with any of our major trading partners. At the present time it is extremely slow. It is bogged down and does not seem to come up with the goods very often.

In conclusion, as I already stated, incorporating the amendments put forward by the Reform Party in this piece of legislation would have made the bill better for all stakeholders. The Reform Party believes that an AMP system could be an effective way to increase compliance and be a much fairer way of addressing non-compliance than through the prosecution route. However, without the changes the Reform Party proposed we cannot support this legislation.

We are being heckled on the other side.

Small Business Loans Act October 27th, 1995

Mr. Speaker, I listened with interest to the member for London-Middlesex speaking on Bill C-99, an act to amend the Small Business Loans Act.

I conducted a survey of my constituents. In my householder I asked questions about increases in government spending. There were some increases in the area of regional development loans, particularly western diversification which affects my part of the country and also FORD-Q and ACOA.

People in my riding were very opposed to these loans being offered to regions outside of our area of the country. Even on loans granted through western diversification which affected them, there was about a 50-50 division on whether it was the right procedure.

I would like the member to comment on the problems loans based on regional development are causing in the country and perhaps some of the divisions we are dealing with in the referendum campaign which perhaps have been caused by the regional development approach. Maybe the better route would be to put more of our eggs into this type of basket, a national program. This would affect small business right across the country on the same basis with the same rules rather than dividing the dollars into regional development programs, often loans, particularly to Atlantic Canada through ACOA or to western Canada through WED.

Those programs are causing hard feelings. Western Canada has looked at ACOA and said it has not worked. We have been pumping regional development dollars either through grants or loans into Atlantic Canada and unemployment is rising in Atlantic Canada. We have been pumping dollars for regional development into Quebec and some Quebecers want to separate. We are hoping less than 50 per cent want to separate, but it is not creating national unity by putting dollars through grants or loans into regional development.

Would it not be better to put money into loan guarantees for small business on national programs? It might make us feel as if we are all playing on a level playing field rather than making people angry by dumping some money into western Canada, some into Atlantic Canada, some into Quebec and some into the north.

Agriculture And Agri-Food Administrative Monetary Penalties Act October 26th, 1995

Mr. Speaker, we are resuming debate on report stage of Bill C-61. I believe we are at the final grouping of the amendments put forward by my colleague from the Bloc, the hon. member for Lotbinière. My colleagues and I can support the two amendments because they are amendments we considered. Had not the Bloc submitted them I believe we would have introduced them.

Prior to question period I listened to debate on the two amendments by the hon. member for Prince Albert-Churchill River. I confess that I disagree with almost everything the hon. member said.

He did not seem to want more accountability in our system. He did not want public servants in quasi-judicial bodies to be accountable or more accountable to Parliament. He did not want the role of members of Parliament in committees to be increased. It seems it would be too burdensome for the hon. member and too onerous for this astute body to look into the affairs of government, hold it accountable and diligently watch what it is doing.

The red book, if I recall correctly, promised some parliamentary reform. We got into that issue to a degree earlier in question period. Perhaps it is appropriate to raise the subject at this time. The red book talked about parliamentary reform and about strengthening the roles of parliamentary committees.

The two amendments the hon. member put forward would cause the appointment of members to the tribunal to be ratified or reviewed by the Standing Committee on Agriculture and Agri-Food. In my eyes that would seem to comply with the red book promise of giving the committees more responsibility and giving the committees a more meaningful role, making them more than window dressing as they have been notoriously described in the past.

I expected members on the other side to have applauded the proposal, but the member for Prince Albert-Churchill River seemed disconcerted by the suggestion that standing committees would have more work to do and would play a more responsible role in the life of Parliament.

The role of parliamentary committees is more of a babysitting service for Liberal backbenchers. And prior to that it was a

babysitting service for the Conservative backbenchers, something to keep them busy while those in the cabinet ran the affairs of the country, something to keep them away from the decision-making process, something to keep them away from the actual development of legislation, the meaningful review of bills in the committee and meaningful clause-by-clause study of bills and an interest builder in the actual departments of government that were held responsible to review and investigate and monitor.

In our particular committee, the Standing Committee on Agriculture and Agri-Food, we received wrong information from the parliamentary secretary, which seems to indicate to me that the department, the minister, the parliamentary secretary, or whoever was responsible did not feel the work of the committee was that important. They did not really do their homework that well.

We went through clause by clause on Bill C-61. It was kind of a scripted thing where the member for Dauphin-Swan River jumped in at the appropriate time with the amendments that were supported by the government and Liberal members sort of turned off their minds. We could see the lights going out, that they were going to accept these amendments and no others. In fact that is why we brought our amendments to report stage rather than in the committee. Experience has taught us that introducing meaningful amendments in the committee is a waste of time. The minister is not there to review the amendments to see if they are acceptable. The government does not want any possible changes to the legislation without a lot of scrutiny. It does not trust backbenchers to have minds that could actually propose some constructive amendments in clause-by-clause or in the committee stage. This is just a make-work project for the backbenchers.

What these amendments put forward in Group 5 would in fact accomplish is the committee would have a meaningful job to do of reviewing appointments to the tribunal that would be an appeal body for the administrative monetary penalties should someone who has violated the regulations of Agriculture Canada so appeal to that tribunal. That makes a lot of sense. That is moving this House of Commons and the members of Parliament to more meaningful work, a more direct contact with the administration of government. It is more of a hands on role. It is a role with which members can go back to their constituents and say they have something to do that counts and is important.

The Liberal government does not seem willing to give the committees the added responsibility. The promises in the red book ring pretty hollow if in fact these two amendments are not passed.

The minister and his departmental officials have said that the spirit of Bill C-61 is good, that they have good intent. I believe them. I believe they have good intent. I believe they want this new process of administrative monetary penalties and compliance agreements to work to reduce the onerous burden on our justice system. I believe they do want it to work. I believe it is also paramount that in giving these powers to his department, his public servants, and to himself as minister, it is also responsible to put some parameters around that authority and responsibility that are reasonable and responsible.

In summing up my response not only to these two amendments but to the entire bill, it all fits together. What we have tried to do is build those reasonable fences around the bill that allow enough latitude within for the minister and his department to effectively administer the powers they receive under Bill C-64.

Why they would not want the committee on agriculture and agri-food to play a more meaningful role in the ratification of appointees to the tribunal is beyond my understanding. It just seems to be the mindset of this government. I think it is wrong. I think it is unfortunate. It is sad. Perhaps it is even part of the reason we are experiencing some trouble right now.

I would appeal to the minister and the members to reverse this trend, to start to make government more open, more transparent, to make the public service more accessible and accountable to not only the ministers but to all members of Parliament. Therefore, I would support these two amendments. I would heartily endorse these two amendments and ask other members in the House to do the same.

Agriculture And Agri-Food Administrative Monetary Penalties Act October 26th, 1995

moved:

Motion No. 20

That Clause 19 be amended by striking out line 19 on page 11 and substituting the following:

"violation are reviewed by the Minister or by the Tribunal, the Minister must".

Motion No. 23

That Bill C-61, in Clause 29, be amended by adding after line 37, on page 14, the following:

"(3) For greater certainty, 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."

Mr. Speaker, our caucus should have discovered the word reasonable a long time ago. Perhaps we would have more good laws passed in the House of Commons. I wish we had used that in Bill C-68, the gun control bill. We probably would not have had registration. And maybe we would not have had Bill C-64 introduced at all.

In any event, back to Bill C-61. I appreciate support from the other side for a couple of my amendments, which were reasonable and included the word reasonable and were adopted by the House.

We have now moved on to the fourth group of motions. I will address Motion No. 20, which deals with clause 19. It strikes out line 16 and substitutes the following: "violation are reviewed, the minister or the tribunal". Currently in this clause it is stated: "In every case where the facts of a violation are reviewed, the minister must establish, on a balance of probabilities, that the person named in the notice of violation".

This ensures that the facts of a violation should be reviewed both by the minister and by the tribunal. It is not a matter of either or, but in fact it is both. This again is a common sense amendment. It ensures that the burden of proof is on the minister in the case of a ministerial review. It ensures that there is burden of proof on the tribunal when a case of a violation is referred to the tribunal. This is just good common practice. It is sensible. It again puts some qualifiers and quantifiers into the legislation to make it not only effective but also balanced and fair.

I cannot see why members on the opposite side would have any problem whatsoever with this amendment. Therefore I encourage them to support it.

Moving on to Motion No. 23 which deals with clause 29, this motion adds after line 37 on page 14 a new subclause (3), which would say: "For greater certainty, 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 clause prior to that says: "A member of the tribunal shall not accept or hold any office or employment that is inconsistent with the member's duties or take part in any matter before the tribunal in which the member has an interest". We certainly support that clause, but it does not go far enough. All it says is that a member of the tribunal shall not be able to enter into a contract with the federal government. What it does not preclude though is the actual appointment to the board of a lobbyist or someone with a contract with the public service.

We have had a rather negative light cast upon government and upon politicians for quite some time because of the ethics we impose upon ourselves. That perhaps might be better stated as a lack of ethics we impose upon ourselves. Yes, there are conflict of interest guidelines. As you are well aware, Mr. Speaker, there has been some question as to the effectiveness of the conflict of interest guidelines currently, even upon us as members of Parliament. There is concern in the public sector that conflict of interest guidelines be rigid, clear and enforced.

Other legislation precludes members of Parliament or members of provincial legislatures from serving on a board or body such as this tribunal. However what is not precluded is the fact that lobbyists, people who are working for the public service and have a vested interest in the work of the tribunal, are currently not excluded from appointment. This dips into the whole area of patronage appointments that are repulsive to Canadians. It seems that lobbyists have an inside track and are able to have influence behind the scenes far beyond their worth.

I suggest the House support Motion No. 23 that goes one step further than the conflict of interest in clause 29(2) by stipulating that no government lobbyist or person who has a contract with the federal government may be appointed to the tribunal. I appreciate the progress we have made this morning.

Agriculture And Agri-Food Administrative Monetary Penalties Act October 26th, 1995

On a point of order, Mr. Speaker, it has been brought to my attention that there is one more error in the Order Paper. I would like to bring that to the attention of the House to make sure it is corrected.

On my Motion No. 11 in the Order Paper and Notice Paper it states: "That Bill C-61, in clause 10, be amended by adding after line 31, on page 7, the following", and it goes on to state my amendment. That in fact is an error. The amendment falls after line 11, not line 31. If we look in the bill it raises it on page 7 before subclause (5) rather than after subclause (5).

I suspect that those members who looked at this carefully and perhaps felt they could not support the amendment when they saw where it was supposed to be will change their position and support my amendment.

Agriculture And Agri-Food Administrative Monetary Penalties Act October 26th, 1995

It is a speeding ticket.

Agriculture And Agri-Food Administrative Monetary Penalties Act October 26th, 1995

We are dealing with motions which my party submitted in this group, Motions Nos. 3, 4, 5, 18 and 19. I will try to be quick and discuss the substance of the motions, dealing first

with Motion No. 3. It is to suggest that Bill C-61 in clause 4 be amended by replacing some lines. We are reducing the administrative monetary penalty for first time violations.

There is a matrix in place which begins to do this, but the matrix is not included in the legislation. In our judgment, this reinforces that matrix component and ensures that the principle is enacted in the legislation.

The administrative monetary penalties fall into three maximum ranges. The first one is for a minor violation, having a maximum of $2,000, a serious violation having a maximum of $5,000 and a very serious violation having a maximum of $15,000. For a second or subsequent violations we think this is reasonable. However for a first violation, often dealing with small business and with producers, this seems rather severe.

I understand also there can be a warning issued as well for a violation. The minister and his department have that option. I am not so concerned about the norm as I am the extraordinary circumstances that this legislation has to be prepared to deal with. It is only reasonable and right that the legislation should contain the principle that on a first violation the amount of the penalty be reduced by half to protect small business and smaller producers and smaller processors.

We have another amendment farther along. If I knew that amendment was going to be passed, this one would not be quite so important. My suspicions are it may not be and that precludes an alleged violator being able to use due diligence and having burden of proof put on the minister. If that fails, it is even more important that Motion No. 3 pass and the first time violations not be subject to quite as severe a monetary penalty.

Motion No. 4 is another real common sense amendment to which I hope the minister is listening and which I hope he will agree to pass. It suggests that when a person is notified of the violation, besides having his or her name served on the notice, the person who is serving the notice has to identify him or herself as well. This is an agent of the Department of Agriculture, an agent of the minister.

This is common sense and common procedure that someone who is imposing a fine, an administrative monetary penalty, on someone who is alleged to have violated regulations under the agriculture act should have the person who served that notice put his or her name on that same piece of paper. That is only common sense. It will be useful, valuable and will also protect the person who is alleged to have made the violation.

Motion No. 5 amends clause 7. The legislation states that the minister may make regulations prescribing anything that by this act is to be prescribed. That is a pretty blank cheque, particularly when it comes to time frame and some of these specifications.

When a person is served a notice of violation, we do not know how long he or she has to respond. This act does not indicate whether that person has 24 hours, 24 days, or 24 months to respond and to make a decision whether they will ask for an appeal, an appeal to the tribunal, agree to pay the monetary fine or seek compliance.

Nothing in the act suggests a time frame for the decision to be made by the person accused of the violation. The amendment we are proposing would suggest that the person have at least 45 days to make a decision on what route they will go.

The minister could argue that it should be 30 days, 25 days or 60 days. I am willing to listen to his arguments. However the fact that there are no restrictions in the act whatsoever is irresponsible and could be dangerous if at some future time Agriculture Canada became very heavy handed and gave people two days to decide what course of action they wanted to follow. Several courses of action are permitted in this piece of legislation.

This gets confusing. I thank members for bearing with me. I want to make sure I have covered all the motions in this grouping. There are two more motions I want to briefly touch on. In Motion No. 18 we are inserting the word reasonable into clause 15 on line 13. If the minister and his department seize goods and dispose of them, the expenses incurred by the department in disposing the seized goods are charged to the violator.

If the word reasonable is not included in the clause, the minister could hire Lloyds of London to come in and hold an auction to sell something of small value that has been seized, say a load of produce. We do not want to see these extremes employed by the department. We want to make sure reasonable means are used and only reasonable expenses are incurred in the sale of seized goods.

Motion No. 19 amends clause 18. It reads:

a person named in a notice of violation has a defence by reason that the person

(a) exercised due diligence to prevent the violation; or

(b) reasonably and honestly believed in the existence of facts that, if true, would exonerate the person.

There has been extensive debate in committee over this issue. Many members, even members on the Liberal side, were concerned that the act authorizing administrative monetary penalties and encouraging compliance of those accused of violations does not allow those alleged to have violated to use due diligence as a defence. This is a violation of some of the common law protection in Canada.

It allows for a heavy handed department to preclude people asked to pay the fines under the act from normal defences, normal access to the justice system and the normal common law defence of due diligence and honest belief in the facts as presented to exonerate people.

We were moving into an area where perhaps the rights of those charged under the act were being abused. There needed to be some changes. This was the best way that we could ensure it was an even handed piece of legislation that did not unduly burden and persecute those charged with a violation and preclude them from the defence they required if they were to adequately defend themselves from a department that may get carried away or go a little too far.

Again I ask members opposite to seriously consider each of the amendments. I appreciate that they supported one amendment that made a lot of sense. There are some here that also make a lot of sense. If they have not considered them, I ask them to look at the amendments to see which ones they can support.

I invite all members of the House to support each of the amendments in Group No. 3.

Agriculture And Agri-Food Administrative Monetary Penalties Act October 26th, 1995

moved:

Motion No. 3

That Bill C-61, in Clause 4, be amended by replacing lines 14 and 15, on page 3, with the following:

"committed to obtain a financial benefit, $1,000 for a first violation and $2,000 for any subsequent violation; and b ) in any other case

(i) $1,000 for a first minor violation, $5,000 for a first serious violation and $10,000 for a first very serious violation, or

(ii) $2,000 for a subsequent minor violation, $10,000 for a subsequent serious violation and $15,000 for a subsequent very serious violation."

Motion No. 4

That Bill C-61, in Clause 7, be amended by replacing line 25, on page 4, with the following:

"violation and the designated person serving the notice of violation and".

Motion No. 5

That Bill C-61, in Clause 7, be amended by replacing line 33, on page 4, with the following:

"paying, which shall not be less than forty-five days, and the manner of paying the".

Motion No. 18

That Bill C-61, in Clause 15, be amended by replacing line 13, on page 10, with the following:

"(f) the amount of any reasonable expenses incurred".

Motion No. 19

That Bill C-61, in Clause 18, be amended by replacing lines 1 to 14, on page 11, with the following:

"18. A person named in a notice of violation has a defence by reason that the person a ) exercised due diligence to prevent the violation; or b ) reasonably and honestly believed in the existence of facts that, if true, would exonerate the person.''

Mr. Speaker, we are making a little progress here. Let us see if we can make more.

The minister says he has some good news and he has some bad news. The good news is that he has listened to Reform once. Perhaps the bad news is that he did not listen to us on the first amendment which he should have supported as well.

Agriculture And Agri-Food Administrative Monetary Penalties Act October 26th, 1995

Mr. Speaker, this is rather heavy slugging; I hope you are enjoying the debate this morning.

We are dealing with quite a large number of amendments in Group No. 2. I am not going to speak individually on all of the Bloc amendments, but I will lump them together. It seems the Bloc's intention in proposing these amendments is to actually do away with the formulating of compliance agreements altogether. That is not a position I or my colleagues share. We are not opposed to the concept. We want to clarify, quantify and qualify some of the act to make it work better, which is the purpose of our amendments.

If the compliance agreement is properly administered and properly enforced, if it is balanced and gives a proper and reasonable amount of protection to both the minister and his department and to those violators or alleged violators who are affected by this legislation, it can actually be a useful tool that will take violators out of the courts and allow the situation to be dealt with in a less costly and more efficient manner.

Having said that about the Bloc amendments, I suspect the Bloc would have been wiser to simply oppose the bill and offer no amendments at all rather than to actually destroy the intent of the bill.

I would like to speak briefly to the motions we have put forward in this grouping. I will begin with Motion No. 10, which concerns clause 10. We would amend it by replacing line 17 on page 6 with the following: "reasonable security, in a form and in an amount".

This motion deals with the granting of security to ensure compliance of someone who has violated the regulations under one of the acts dealt with in Bill C-61. We suggested there should be criteria in the process, and I appreciate the minister saying that he already has a policy manual in place. I do not know why he and his government would oppose ensuring that policy manual continues and is very open to the public by means of the amendment we have proposed. I cannot understand why the government would not be supportive of the word reasonable in front of the word security. We all want to be reasonable people; I am sure the minister wants to be reasonable, as does his government.

Let us use an example of what this would prevent. It would prevent the minister and his department from demanding an entire meat processing plant for security if the cooler was of a value at least twice as great as the penalty that would be imposed upon the processor for any violation he had committed. That type of approach is reasonable and would prevent abuses by the minister and his department. On the other hand, it would also preclude the minister from going to the other extreme and just demanding the meat grinder for security when the violation was serious enough that he should have more security to ensure the compliance agreement is complied with.

That is a reasonable amendment. It makes the bill stronger. It again qualifies the bill and leads me into Motion No. 11, which deals with the same matter of reasonable security.

Motion No. 11 is that Bill C-61 be amended in clause 10 by adding after line 11, on page 7, the following:

(4.1) Where security has been given under paragraph (1)(a), the notice shall also state that the security shall not be forfeited to Her Majesty in right of Canada unless the amount of security is less than twice the amount of the penalty set out in the notice of violation.

This qualifies what reasonable security in this case would be. It prevents the minister and his department from demanding an unreasonable amount of security in ensuring a compliance agreement is complied with.

This is common sense. It is reasonable. It protects the department; it protects the minister; it protects the Canadian taxpayer. It is an incentive for the offender or the violator to comply with the agreement, yet it prevents abuse.

I will go on to Motion No. 15, which is also in this grouping. It states:

That Bill C-61, in clause 14, be amended by replacing lines 3 and 4, on page 9, with the following:

14.(1) No later than six months after the Tribunal receives a request for a review under this Act, it shall, by order, as

This seems a bit disjointed when it is read, but a tribunal is established under the act that can review disputes if they are not voluntarily complied with by the violator. If the offender is not able to make an agreement with the minister and his department, he does have recourse to a tribunal.

As we know, we have seen in the justice system in the United States and to a degree in Canada that sometimes these cases drag on and on. They are very costly. They are certainly not fair to the person who is accused or the person who has been alleged to have made a violation, and they are certainly not fair to the taxpayers who bear a large portion of the cost of this process.

Again, this is just a qualifier that ensures that the tribunal cannot delay making a decision forever and ever. In fact, it stipulates that in no case can the tribunal delay its action for more than six months. It requires the review tribunal to complete its review within six months of receiving the person's request for review.

Can the minister offer a very good reason why that is not reasonable or that does not protect taxpayers, why it does not protect the person who is alleged to have made a violation and even protect the department from ongoing cases where this situation is not resolved? It is better for all parties involved in this process.

I request that all members in the House look seriously at Motion No. 15. I suggest they support that as being fair and reasonable, making it a better act rather than a weaker one.

The purpose of these amendments is not to in any way criticize the government or do a one-up on the government; it is to make better legislation that is going to affect us all. It is in that spirit that we bring these amendments to the House.

I request that members opposite have a fair look at these amendments and see whether or not they can support them as being reasonable in this legislation, in this case suggesting reasonable security and a reasonable amount of time for decisions to be made.