moved:
Motion No. 2
That Bill C-18 be amended by deleting Clause 2.
Motion No. 3
That Bill C-18 be amended by deleting Clause 3.
Motion No. 4
That Bill C-18 be amended by deleting Clause 4.
Motion No. 5
That Bill C-18 be amended by deleting Clause 5.
Motion No. 6
That Bill C-18, in Clause 5, be amended by replacing line 4 on page 7 with the following:
“—the right referred to in paragraph 5(1)(g) cannot be modified by regulation and do”
Motion No. 7
That Bill C-18 be amended by deleting Clause 6.
Motion No. 8
That Bill C-18 be amended by deleting Clause 7.
Motion No. 9
That Bill C-18 be amended by deleting Clause 8.
Motion No. 10
That Bill C-18 be amended by deleting Clause 9.
Motion No. 11
That Bill C-18 be amended by deleting Clause 10.
Motion No. 12
That Bill C-18 be amended by deleting Clause 11.
Motion No. 13
That Bill C-18 be amended by deleting Clause 12.
Motion No. 14
That Bill C-18 be amended by deleting Clause 13.
Motion No. 15
That Bill C-18 be amended by deleting Clause 14.
Motion No. 16
That Bill C-18 be amended by deleting Clause 15.
Motion No. 17
That Bill C-18 be amended by deleting Clause 16.
Motion No. 18
That Bill C-18 be amended by deleting Clause 17.
Motion No. 19
That Bill C-18 be amended by deleting Clause 18.
Motion No. 20
That Bill C-18 be amended by deleting Clause 19.
Motion No. 21
That Bill C-18 be amended by deleting Clause 20.
Motion No. 22
That Bill C-18 be amended by deleting Clause 21.
Motion No. 23
That Bill C-18 be amended by deleting Clause 22.
Motion No. 24
That Bill C-18 be amended by deleting Clause 23.
Motion No. 25
That Bill C-18 be amended by deleting Clause 24.
Motion No. 26
That Bill C-18 be amended by deleting Clause 25.
Motion No. 27
That Bill C-18 be amended by deleting Clause 26.
Motion No. 28
That Bill C-18 be amended by deleting Clause 27.
Motion No. 29
That Bill C-18 be amended by deleting Clause 28.
Motion No. 30
That Bill C-18 be amended by deleting Clause 29.
Motion No. 31
That Bill C-18 be amended by deleting Clause 30.
Motion No. 32
That Bill C-18 be amended by deleting Clause 31.
Motion No. 33
That Bill C-18 be amended by deleting Clause 32.
Motion No. 34
That Bill C-18 be amended by deleting Clause 33.
Motion No. 35
That Bill C-18 be amended by deleting Clause 34.
Motion No. 36
That Bill C-18 be amended by deleting Clause 35.
Motion No. 37
That Bill C-18 be amended by deleting Clause 36.
Motion No. 38
That Bill C-18 be amended by deleting Clause 37.
Motion No. 39
That Bill C-18 be amended by deleting Clause 38.
Motion No. 40
That Bill C-18 be amended by deleting Clause 39.
Motion No. 41
That Bill C-18 be amended by deleting Clause 40.
Motion No. 42
That Bill C-18 be amended by deleting Clause 41.
Motion No. 43
That Bill C-18 be amended by deleting Clause 42.
Motion No. 44
That Bill C-18 be amended by deleting Clause 43.
Motion No. 45
That Bill C-18 be amended by deleting Clause 44.
Motion No. 46
That Bill C-18 be amended by deleting Clause 45.
Motion No. 47
That Bill C-18 be amended by deleting Clause 46.
Motion No. 48
That Bill C-18 be amended by deleting Clause 47.
Motion No. 49
That Bill C-18 be amended by deleting Clause 48.
Motion No. 50
That Bill C-18 be amended by deleting Clause 49.
Motion No. 51
That Bill C-18 be amended by deleting Clause 50.
Motion No. 52
That Bill C-18 be amended by deleting Clause 51.
Mr. Speaker, let me say congratulations to you. I realize I should have told you ahead of time I might say this. Taking a risk of perhaps embarrassing you and of you then asking why I did this to you, I am going to take the risk anyway. I saw that you were awarded the Charlie Brooks Award last week in your hometown of Windsor and I want to congratulate you in the House on behalf of members in your party and all members here.
For those who do not know of Charlie Brooks, he has been gone now for a number of years but was a great trade unionist in the city of Windsor. He clearly set a standard that is extremely high. To be given such a distinguished award is a credit to you, sir, for the hard work you have done on behalf of your constituents, on behalf of Ontarians, and, indeed, on behalf of Canadians across this land. To you I say congratulations and thanks for your hard work.
I will return now to the matter at hand, the amendments on Bill C-18.
Bill C-18 is clearly an agricultural bill that the government has brought forward. New Democrats had great hope for the bill initially. Even though we saw some things in it that we did not like or believed needed to be done differently, we, in a spirit of co-operation, voted for it at second reading to get it to committee because we wanted to talk about it.
To be fair, the chair of the agriculture committee did a great job of making sure there was a balance of witnesses. That is to be commended. Every chair should try to do that. He did an excellent job.
What the committee heard from a preponderance of witnesses—in fact, a majority of them—is that there needed to be amendments to Bill C-18. Many of the amendments were not identical to what New Democrats proposed, but they were certainly very close. The majority fell into one class, for the most part, under what is called in the act “farmers' privilege”.
We know in this place that words are very meaningful, because we write legislation with words. They have a great deal of meaning and carry a great deal of weight because they enact laws, and from the get-go, the idea of a farmer's “privilege” to save his or her own seed struck New Democrats as the wrong terminology. We thought it should be a farmer's “right” to save seed. It should not be a privilege, because one can earn a privilege or lose a privilege. What we see in this act is that through the Governor in Council farmers could indeed lose what the government has now decided to call their privilege. We find that unfortunate.
As we looked through the act, we discussed things with witnesses and gleaned from them opportunities to make amendments. We made a number of them. I have to admit that the minister came to the committee and recognized that under farmers' privilege, farmers were not getting much of a privilege and needed to be given a little more. We clearly said, as many stakeholders across the country said, especially farmers, that although we were giving farmers the privilege to save seeds, they could not clean them, they could not store them, and they certainly could not resell them.
There was some minor tweaking, even though the minister said the government was going to come back with very substantive changes and amendments to the bill.
There was indeed one hugely substantive piece near the end, which had to do with how to pay back what is called the advance payments program. If I remember correctly, I believe the amendment that the government brought forward was six pages long. It was about how to get the advance payments back if a farmer went bankrupt. It was a very technical clarification, and the good folks in the agriculture department explained it all. They said that if people could not quite understand it, they should think of how to repay student debt. It was actually taken from the student debt handbook on how to deal with the debt if it could not actually be paid back. I had these really awful, vivid flashes in my mind of all the students who have horrendous amounts of debt and saw that we would be giving farmers the same options that students have, which is being almost bankrupt.
In any case, that was the major amendment.
It is under what we call UPOV '91, which is really about intellectual property of seeds. A company that does a great deal of research and development of a new variety of a seed, whether it be wheat, canola, or some other seed, can then reap a reward, basically a dividend, from its investment.
Fundamentally, we do not disagree with that. A private corporation goes into the business of producing that variety, it has taken the time and effort to go through the process, has put the money in, and then it decides it will charge whatever it happens to be for that seed. We do not disagree, and UPOV '91 speaks to that.
We are a signatory to UPOV '91. The “91” signifies that it was in 1991 that the agreement came about. This House has been challenged by UPOV '91 on a number of occasions. It started with the previous Conservative government, and it became part of a Liberal government issue. Now it is back to the Conservatives again.
Clearly there is an opportunity here. Many countries have signed on to UPOV '91. A great thing about it, in my view, is that it can be amended to suit the needs of a country and still fall within the framework. Countries do not have to accept carte blanche everything in UPOV '91; they can take pieces of it. Countries can fundamentally accept pieces and move pieces out. They can do that. A number of countries that have accepted UPOV '91 have actually done that. Many countries have stayed with the UPOV of 1978, which in the eyes of investors who develop seeds is actually more onerous for them to make a profit.
The whole idea was that they would lose out on research and development if they did not get UPOV '91. We understand that. The dilemma is in how to balance the interest of those who want to go into the research and development, which is a multi-billion dollar enterprise. This is expensive research, which means that the money invested deserves some kind of a return, unless of course it is done in the public sphere. We have seen with the government that it has actually taken money from the public sphere, public research.
Competitors for the big industries on the block are becoming fewer all the time. In fact, in this legislation one of the recommendations from one of the stakeholders was a question around balance, so that the small seed producers would not be swallowed up or disappear. We proposed an amendment to the legislation, but unfortunately at committee my friends across the way decided they did not like the amendment and it was defeated. In that regard, balance has not been attained.
What we see at this point is that the government has decided it is going to take UPOV '91 carte blanche, making no changes to it of any significance. We would end up simply taking it as is. Farmers across the country and those in the industry are all asking for a way to balance it out. They want a Canadian farmers' solution to UPOV '91.
One of the things we tried to explain, and the agriculture department was in agreement, was around the fact that there are a variety of seeds that right now are compulsory licensed and on the market. Farmers may like it, but the company that has the licence can decide to go to CFIA to withdraw the licence. There is a process. The licence cannot just be withdrawn. There is a process, as the agriculture department and the CFIA talked about, to deregister the licence.
Once the licence is deregistered, it is gone from the marketplace. Normally it happens when farmers no longer want the product. It is deregistered because no one wants it anymore. It is not available, and it is deregistered.
However, if the company that owns the registration develops a new one, under UPOV '91 it can exact a greater amount of money and greater royalty from it because it is new. There is nothing to stop them from asking for the other one to be deregistered. In fact, the department said that is absolutely right; there is nothing to stop them. They can apply, and if the process is followed correctly, it could disappear.
Even more than that, the legislation allows those companies to then appeal to CFIA when they develop a new seed to ask that it not have a compulsory licence. That means it could be taken off the market if it does not make any money for the company, even though farmers might actually like the seed.
Ultimately, with the lack of competition, we will be stuck with markets that are driven by a handful of large companies rather than having a multitude of choices across the country as farmers have today. That would not be helpful for farmers nor for the marketplace in general. If we were stuck in a place because of intellectual property and get rid of those who might compete—the small seed producers and the government, which used to do public research for the public good that farmers could then utilize down the road—it would not be helpful.
It is unfortunate that the government did not hear us on the amendments and chose not to accept them. Hopefully, it has a second chance through you, Mr. Speaker. You read the amendments out earlier. The government has a second opportunity to correct what it did wrong the first time. It can vote for the amendments this time, and not against them.