AGRI Committee Meeting

MINUTES OF PROCEEDING
(Meeting No. 9)

THURSDAY, NOVEMBER 6, 1997

The Standing Committee on Agriculture and Agri-Food met at 9:00 o’clock a.m. , this day, in room 209, West Block, the Chair, Joe McGuire, presiding.

Members of the Committee present: Leon E. Benoit, Paul Bonwick, Rick Borotsik, Gerry Byrne, Murray Calder, Jean-Guy Chrétien, John Harvard, Jake E. Hoeppner, Larry McCormick, Joe McGuire, Dick Proctor, Paul Steckle and Rose-Marie Ur.

Acting Members present: Wayne Easter for Denis Coderre; Garry Breitkreuz for Jay Hill.

In attendance: From the Committees and Legislative Services Directorate: Charles Bellemare, Legislative Clerk. From the Parliamentary Research Branch of the Library of Parliament: Sonya Dakers, Research Coordinator and Jean-Denis Fréchette, Economist.

Appearing: Gerry Byrne, Parliamentary Secretary to the Minister of Natural Resources and Minister Responsible for the Canadian Wheat Board.

Witnesses: From the Department of Agriculture and Agri-Food: Howard Migie, Director General, Adaptation & Grain Policy Directorate, Policy Branch. From the Department of Justice: David Byer, Legal Counsel, Legal Services.

The Committee resume consideration of Bill C-4, An Act to amend the Canadian Wheat Board Act and to make consequential amendments to other Acts. (See Minutes of Proceeding and Evidence of Meeting No. 2, dated Tuesday, October 21, 1997)

Jake E. Hoeppner moved, - That the Committee do not consider Bill C-4, An Act to amend the Canadian Wheat Board Act and to make consequential amendments to other Acts, until such time as the Solicitor General of Canada deals with his request for criminal investigation to the documentation that was presented to the court.

After debate, the question being put on the motion, it was negatived on the following division: YEAS: 2; NAYS: 10.

The Committee resumed consideration of the amendment of Jean-Guy Chretien, which is as follows:

That Clause 3 be amended by replacing lines 7 to 9, on page 3 with the following:

"3.02(1) Two directors are appointed by the Governor in Council on the recommendation of the Minister. Twelve directors are elected in"

After debate, the question being put on the amendment, it was negatived on the following division: YEAS: 4; NAYS: 9.

By unanimous consent, Gerry Byrne, - That Bill C-4 be amended by:

(a) replacing, in the French version, line 7 on page 3, with the following:

"le président directeur général."

(b) replacing, in the French version, line 13 on page 3, with the following:

"d'application. Le président directeur général est nommé par le"

(c) replacing, in the French version, line 18 on page 3, with the following:

"président directeur général - occupent leurs fonction pour"

(d) replacing, in the French version, line 23 on page 3, with the following:

"tion du président directeur général - exercent leurs fonctions"

(e) replacing, in the French version, line 31 on page 3, with the following:

"président directeur général - sont indemnisés des frais de"

(f) replacing, in the French version, line 25 on page 4, with the following:

"professionnel du président directeur général;"

(g) replacing, in the French version, line 28 on page 4, with the following:

"tion du président directeur général;"

(h) replacing, in the French version, the heading after line 24 on page 5, with the following:

Président directeur général

(i) replacing, in the French version, line 25 on page 5, with the following:

"3.09 Le président directeur général exerce ses fonctions à"

(j) replacing, in the French version, line 28 on page 5, with the following:

"3.1 Le président directeur général reçoit la rémunération"

(k) replacing, in the French version, line 34 on page 5, with the following:

"3.11(1) Le président directeur général est le premier diri-"

(1) replacing, in the French version, line 4 on page 6, with the following:

"président directeur général ou de vacance de son poste, le"

Murray Calder moved, - That Clause 3 be amended by replacing line 9, on page 3, with the following:

"of the Minister. Ten directors are elected by producers in"

After debate, the question being put on the amendment, it was agreed to on the following division: YEAS: 10; NAYS: 1.

Dick Proctor moved, - That Clause 3 be amended by replacing line 9, on page 3, with the following:

"of the Minister. Eleven directors are elected in"

The question being put on the amendment, it was negatived on the following division: YEAS: 3; NAYS: 7.

Dick Proctor moved, - that Clause 3 be amended by replacing lines 12 to 14, on page 3, with the following:

"board of directors."

The question being put on the amendment, it was negatived on the following division: YEAS; 1 nays: 8.

Murray Calder moved, - That Clause 3 be amended by replacing line 17,on page 3, with the following:

"four years, up to a maximum of three terms."

After debate, the question being put on the amendment, it was agreed to on the following division: YEAS: 9; NAYS: 4.

Rick Borotsik moved, - That Clause 3 be amended by adding after line 33, on page 4, the following:

"3.06 the board shall make by-laws containing conflict of interest guidelines governing the conduct of the directors in relation to producers."

After debate, the question being put on the amendment, it was negatived on the following division: YEAS, 1; NAYS: 9.

Murray Calder moved, - That Clause 3 be amended by:

(a) replacing line 36, on page 6, with the following:

"3.13(1) The Corporation may indemnify a"

(b) adding the following after line 12, on page 7:

"(2) Despite anything in this section, a person referred to in subsection (1) is entitled to indemnity from the Corporation in respect of all costs, charges and expenses reasonably incurred by that person in connection with the defence of any civil, criminal or administrative action or proceeding to which the person is made a party by reason of being or having been a director or officer of the Corporation , if the person

(a) was substantially successful on the merits in their defence of the action or proceeding; and

(b) fulfills the conditions set out in paragraphs (1) (a) and (b).

(3) The Corporation or a person referred to in subsection (1) may apply to a court for an order approving an indemnity under this section and the court may so order and make any further order it thinks fit."

After debate, the question being put on the amendment, it was agreed to.

Murray Calder moved, - That Clause 3 be amended by replacing, in the English version, line 38, on page 6 with the following:

"Corporation or a person who acts or acted as a director or officer at"

After debate, the question being put on the amendment, it was agreed to.

And the question being put on Clause 3, it was agreed to on the following recorded division:

YEAS

Paul Bonwick Wayne Easter Dick Proctor
Gerry Byrne John Harvard Paul Steckle
Murray Calder Larry McCormick Rose-Marie Ur
- (9)


NAYS

Leon Benoit Rick Borotsik Jean-Guy Chrétien
- (3)

On Clause 4

Jean-Guy Chrétien move, - that Clause 4, be amended by adding after line 25, on page 7, the following:

" (4) Notwithstanding subsection (2), the Board shall provide the Minister of Finance with the financial statements of the Board in order that they may be submitted to the Auditor General for examination in accordance with the Auditor Ganeral Act."

After debate, the question being put on the amendment, it was negatived on the following recorded division:

YEAS

Leon Benoit Garry Breitkreuz Dick Proctor
Rick Borotsik Jean-Guy Chrétien
- 5
NAYS

Paul Bonwick Wayne Easter Paul Steckle
Gerry Byrne John Harvard Rose-Marie Ur
Murray Calder Larry McCormick
- 8

And the question being put on Clause 4, it was carried on division.

Clauses 5 to 9 inclusive carried.

And the question being put on Clause 10, it was carried on division.

Clauses 11 to 17 inclusive carried on division.

And the question being put on Clause 18, it was carried on division.

Clauses 19 to 21 inclusive carried on division.

Clauses 22 to 25 inclusive carried on division.

On Clause 26

Rose-Marie Ur moved, - That Clause 26 be amended by replacing lines 35 and 36, on page 18 with the following:

"26. Section 47 of the Act and the headings before it are replaced by the following:

47. (1) The Governor in Council may, by regulation, extend the application of Part III or of Part IV or of both Parts III and IV to barley.

(2) Where the Governor in Council has extended the application of any Part under subsection (1), the provisions of that Part shall be deemed to be re-enacted in this Part, subject to the following:

(a) the word "barley" shall be substituted for the word "wheat";

(b) the Expression "barley products" shall be substituted for the expression "wheat products"; and

(c) subsection 40 (2) is not applicable.

(3) An extension of the application of Part III shall come into force only at the beginning of a crop year.

(4) For the purposes of this section, "product", in relation to barley, means any substance produced by processing or manufacturing barley, alone or together with any other material or substance, designated by the Governor in Council by regulation as a product of barley for the purposes of this Part."

After debate, the question being put on the amendment, it was agreed to on the following division:

YEAS: 12; NAYS: Nil.

Rose-Marie Ur moved, - That Clause 26 be amended by replacing lines 7 and 8, on page 19 with the following:

"by an association all of the members,of which are producers of the grain and that represents the producers of that grain throughout the"

After debate, the question being put on the amendment, it was agreed to on the following recorded division:

YEAS

Paul Bonwick Jean-Guy Chrétien Larry McCormick
Gerry Byrne Wayne Easter Paul Steckle
Murray Calder John Harvard Rose-Marie Ur
- 9

NAYS

Leon Benoit Garry Breitkreuz Dick Proctor
Rick Borotsik
- 4

Rose-Marie Ur moved, - That Clause 26 be amended by adding after line 15, on page 19 the following:

"(2.1) Notice of the request referred to in paragraph (2) (a) shall be published in the Canada Gazette and in a periodical that, in the opinion of the Minister, has a large circulation in the designated area. The notice must invite interested persons to make representations with respect to the request in writing to the Minister within sixty days after publication of the notice."

After debate, Rick Borotsik moved an amendment to the amendment, - That "sixty days" be replaced by "one hundred and twenty days".

After debate, the question being put on the amendment to the amendment, it was agreed to.

By unanimous consent, Garry Breitkreuz moved an amendment to the amendment, - That in the second sentence delete the word "a" and add the word "s" after the word "periodical" and replace the word "has" by "have".

After debate, by unanimous consent, Garry Breitkreuz withdrew his amendment to the amendment.

Murray Calder moved an amendment to the amendment - That in the second sentence add the words "or periodical" after the word "periodical" and the words "or have" after the word "has"

The question being put on the amendment to the amendment it was agreed to.

And the question being put on Clause 26, as amended, it was carried on division.

Clauses 27 to 30 inclusive carried on division.

New Clause 30.1

Rick Borotsik moved, - That a new Clause be added before line 1 and the heading "Agricultural Marketing Program Act" on page 21, the following:

"Access to Information Act

30.a Schedule I to the Access to Information Act is amended by adding the following in alphabetical order under the heading "Other Government Institutions":

Canadian Wheat Board

After debate, the question being put on the amendment, it was negatived on the following division: YEAS: 1; NAYS: 6

Clauses 31 to 36 inclusive carried.

The Title carried on division.

The question being put:

Shall the Billl carry?

It was carried on the following recorded division:

YEAS

Paul Bonwick Wayne Easter Paul Steckle
Gerry Byrne John Harvard Rose-Marie Ur
Murray Calder Larry McCormick
- 8

NAYS

Leon Benoit Garry Breitkreuz Dick Proctor
Rick Borotsik
- 4

It was agreed, on division - That the Chairman report Bill C-4, as amended, to the House.

It was agreed, on division, - That the Committee order a reprint of Bill C-4, An Act to amend the Canadian Wheat Board Act and to make consequential amendments to other Acts for use at Report stage.

During the course of the meeting the Parliamentary Secretary and the witnesses answered questions.

At 11:15 o’clock a.m., the Committee adjourned to the call of the Chair.