AGRI Committee Meeting

The Standing Committee on Agriculture and Agri-Food met at 3:30 p.m. this day, in Room 371 West Block, the Chair, Paul Steckle, presiding.

The Committee resumed its clause-by-clause study of the Bill.

The witnesses answered questions.

“71.1 (1) Subsections 10(1) and (2) of the Canadian Food Inspection Agency Act are replaced by the following:

10. (1) The Minister shall appoint an advisory board of not more than twelve members representing all major regions of Canada. A member representing each of the following organizations shall be appointed from a list of candidates provided by those organizations: the National Farmers Union, the Canadian Federation of Agriculture, the Union des Producteurs Agricoles, the Canadian Organic Growers Association, the Public Service Alliance of Canada and the Consumers' Association of Canada.

(2) The standing committee of the House of Commons that normally considers matters related to agriculture shall assess all candidates for appointment to the advisory board and make recommendations to the Minister on the eligibility and qualifications of those candidates.

(2.1) The members of the advisory board hold office during pleasure for a term not exceeding three years, which term may be renewed for one or more further terms.

(2.2) The advisory board shall advise the Minister on any matter within the responsibilities of the Agency and, in particular, carry out the following functions:

(a) provide oversight and review of all decisions made by the Agency under the Canadian Food Inspection Agency Enforcement Act and any other Agency-related Act that have been appealed under any of those Acts by an affected party;

(b) engage third-party audit services to ensure that the powers exercised by the Agency under the Canadian Food Inspection Agency Enforcement Act have been carried out in an appropriate manner;

(c) review third-party audit reports and provide recommendations to the Agency in relation to matters discussed in those reports;

(d) provide policy direction to the Agency, taking into account the challenges facing the food industry; and

(e) provide a forum for the food industry and government to discuss food safety, quality and traceability and new industry initiatives in respect of animal and plant health in a fair and equitable manner.

(2) Subsection 10(7) of the Act is replaced by the following:

(7) The advisory board shall meet at least once every three months at the time and place determined by the Chairperson.

(8) In this section, “Agency-related Act” has the same meaning as in section 2 of the Canadian Food Inspection Agency Enforcement Act.”

By unanimous consent, the Committee reverted to the consideration of the subamendment of Roger Gaudet previously stood which read as follows: That the amendment be amended

(a) by deleting paragraphs 10(2.2)(a), (b) and (c); and

(b) by replacing “policy directions” with “recommendations” in paragraph 10(2.2)(d).

After debate, by unanimous consent, the subamendment was withdrawn.

After debate, by unanimous consent, the amendment was withdrawn.

“71. 1(1) Subsections 10(1) to (3) of the Canadian Food Inspection Agency Act are replaced by the following:

10.(1) The Minister shall appoint an advisory board of not more than twelve members to hold office during pleasure for a term not exceeding three years so as to ensure, as far as possible, the expiry in any one year of the terms of office of not more than one half of the members.

(1.1) The Minister may renew a member's term for one or more further terms.

(2) The advisory board shall provide a forum for the agriculture and agri-food sector to discuss matters within the Agency's responsibilities and shall advise the Minister on any matter within the Minister's responsibilities relative to the Agency, including

(a) advising the Minister with respect to policy, taking into account the challenges facing the agriculture and agri-food sector; and

(b) advising the Minister with respect to matters discussed in reports that the Minister requests the advisory board to review.

(3) The Minister may appoint any person with relevant knowledge or experience to the advisory board, including persons representing various regions of Canada who are from the agriculture and agri-food, public security and public-health sectors, consumer groups, the academic community or provincial or municipal governments, and persons with experience in the development or implementation of federal or provincial government policy.

(2) Subsection 10(7) of the Act is replaced by the following:

(7) The advisory board shall meet at least once every three months at the time and place determined by the Chairperson.

(8) The Chairperson shall, no later than March 31 in each year, submit to the Minister a report on the advisory board's activities for the preceding calendar year.”

It was agreed, — That the amendment be amended in paragraph (8) by inserting the words “and the appropriate standing committees” following the word: “Minister ”

The question was put on the amendment of Wayne Easter, as amended, and it was agreed to.

“72. Subsections 11(1) and (2) of the Act are replaced”

After debate, the question was put on the amendment of Charlie Angus and it was agreed to, by a show of hands: YEAS: 7; NAYS: 4.

Clause 72, as amended, carried.

“ADJUDICATION TRIBUNAL

55.1 (1) The Minister shall appoint a tribunal for the purpose of adjudicating claims referred to in subsection 55.2(1).

(2) No person is eligible to be appointed a member of the tribunal unless the person has knowledge and experience related to agriculture or agri-food.

(3) The tribunal shall include representatives from the private and public sectors, and at least one member must be a barrister or advocate of at least ten years’ standing at the bar of any province or a notary of at least ten years’ standing at the Chambre des notaires du Québec.

(4) The members of the tribunal shall hold office during good behaviour, but may be removed by the Minister for cause.

(5) Each member of the tribunal shall be appointed for a term not exceeding five years and is eligible for re-appointment.

(6) The tribunal may pass by-laws governing the conduct of its affairs.

(7) The Minister may make regulations respecting the proceedings of the tribunal and all other matters relating to the tribunal and its members.

55.2 (1) Any person who has suffered a financial loss as a result of the frivolous, vexatious or otherwise improper action of a person acting on behalf of the Agency may file a claim with the Minister in accordance with this section.

(2) The Minister shall, upon receipt of a claim referred to in subsection (1), refer the matter for hearing to the tribunal appointed under section 55.1.

(3) The tribunal may, in relation to any claim before it,

(a) summon and enforce the attendance of witnesses and compel them to give oral or written evidence on oath and to produce such documents and things as the tribunal deems requisite to the full investigation and consideration of the claim;

(b) administer oaths and solemn affirmations; and

(c) receive and accept such evidence and information on oath, affidavit or otherwise as the tribunal sees fit, whether or not it would be admissible in a court of law.

(4) The tribunal shall

(a) hear the claim within 30 days after it is filed;

(b) determine the procedure to be followed, while giving full opportunity to the parties to present evidence and make submissions;

(c) consider all information relating to the claim;

(d) decide, on a balance of probabilities, whether the claim is valid; and

(e) within 30 days after hearing the claim, send a copy of the decision with the reasons for the decision to each party and to the Minister.

(5) Where the tribunal decides in accordance with paragraph (4)(d) that a person has a valid claim against the Agency, the tribunal shall, by order, require the Agency to make restitution to the person in an amount that the tribunal considers adequate to compensate the person for the financial loss suffered by the person.

(6) Any person who has been granted restitution by means of an order made under subsection (5) may file in the Federal Court a copy of the order, exclusive of the reasons for the order.

(7) An order of the tribunal that is filed in the Federal Court under subsection (6) shall be registered in the Court and, when registered, has the same force and effect, and all proceedings may be taken thereon, as if the order were a judgment obtained in that Court.”

The Chair ruled the proposed amendment inadmissible because it infringed on the financial initiative of the Crown, as provided on page 655 of House of Commons Procedure and Practice.

On Clause 2,

““thing” means, except in paragraph 25(1)(f), a thing that is relevant to the administration or enforcement of an Agency-related Act.”

David L. Anderson moved, — That the amendment be amended by deleting “, except in paragraph 25(1) (f),”

After debate, the question was put on the subamendment of David L. Anderson and it was negatived, by a show of hands: YEAS: 4; NAYS: 7.

The question was put on the amendment of Wayne Easter, as amended, and it was agreed to.

Clause 2, as amended, carried.

Clause 129 carried on division.

The Short Title carried on division.

“An Act to regulate and prohibit certain activities related to food and other products to which the Acts under the admnistration of the Canadian Food Inspection Agency apply and to provide for the administration and enforcement of those Acts and to amend other Acts”

The Title, as amended, carried.

The Bill, as amended, carried on division.

ORDERED, — That the Chair report the Bill, as amended, to the House.

ORDERED, — That Bill C-27, as amended, be reprinted for the use of the House at report stage.

At 4:29 p.m., the Committee adjourned to the call of the Chair.