AGRI Committee Meeting

Notices of Meeting include information about the subject matter to be examined by the committee and date, time and place of the meeting, as well as a list of any witnesses scheduled to appear. The Evidence is the edited and revised transcript of what is said before a committee. The Minutes of Proceedings are the official record of the business conducted by the committee at a sitting.

For an advanced search, use Publication Search tool.

If you have any questions or comments regarding the accessibility of this publication, please contact us at accessible@parl.gc.ca.

Previous day publication Next day publication

MINUTES OF PROCEEDINGS

Meeting No. 55

Tuesday, November 6, 2012

The Standing Committee on Agriculture and Agri-Food met at 8:48 a.m. this day, in Room 237-C, Centre Block, the Chair, Merv Tweed, presiding.

Members of the Committee present: Malcolm Allen, Alex Atamanenko, Ruth Ellen Brosseau, Randy Hoback, Pierre Lemieux, LaVar Payne, Francine Raynault, Blake Richards, Merv Tweed, Frank Valeriote and Bob Zimmer.

Acting Members present: Wladyslaw Lizon for Bob Zimmer and Kevin Sorenson for Brian Storseth.

In attendance: House of Commons: Philippe Méla, Legislative Clerk . Library of Parliament: Martha Butler, Analyst ; Khamla Heminthavong, Analyst.

Witnesses: Canadian Food Inspection Agency: Colleen Barnes, Executive Director, Domestic Policy Directorate; Neil Bouwer, Vice-President, Policy and Programs. Department of Justice: Julie Adair, Legal Counsel, Agriculture and Food Inspection Legal Services.

Pursuant to the Order of Reference of Tuesday, October 23, 2012, the Committee resumed consideration of Bill S-11, An Act respecting food commodities, including their inspection, their safety, their labelling and advertising, their import, export and interprovincial trade, the establishment of standards for them, the registration or licensing of persons who perform certain activities related to them, the establishment of standards governing establishments where those activities are performed and the registration of establishments where those activities are performed.

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

Julie Adair, Colleen Barnes and Neil Bouwer answered questions.

Pursuant to Standing Order 75(1), consideration of Clause 1 was postponed.

The Chair called Clause 2.

On Clause 2,

Malcolm Allen moved, — That Bill S-11, in Clause 2, be amended by replacing line 2 on page 3 with the following:

“covering, such as pails, totes and barrels, used or to be used in connection with a”

After debate, the question was put on the amendment of Malcolm Allen and it was negatived, by a show of hands: YEAS: 3; NAYS: 6.

Clause 2 carried.

On new Clause 2.1,

Malcolm Allen moved, — That Bill S-11 be amended by adding after line 31 on page 3 the following new clause:

“PURPOSE

2.1 The purpose of this Act is to ensure safe and high-quality food commodities by any means, including

(a) by promoting and providing for the safety and security of the public;

(b) by recognizing the responsibility of persons regulated under this Act for the safety and security of their products; and

(c) by encouraging the co-operation and participation of persons regulated under this Act and other interested persons in the development and implementation of modern, flexible and efficient policies, programs and laws for the continuing enhancement of the safety and security of food production.”

The question was put on the amendment of Malcolm Allen and it was negatived, by a show of hands: YEAS: 3; NAYS: 6.

Clauses 3 to 9 inclusive carried severally.

On Clause 10,

Frank Valeriote moved, — That Bill S-11, in Clause 10, be amended by adding after line 18 on page 5 the following:

“(4) Despite subsection (3), the Minister may make regulations authorizing the exportation of a prescribed food commodity.”

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

Malcolm Allen moved, — That Bill S-11, in Clause 10, be amended by adding after line 18 on page 5 the following:

“(4) Subsection (3) does not apply if the food commodity is for exportation only or if it is imported only for its manufacturing, preparing, storing, packaging or labelling for exportation purposes.”

After debate, the question was put on the amendment of Malcolm Allen and it was negatived, by a show of hands: YEAS: 3; NAYS: 6.

Clause 10 carried.

Clause 11 carried.

On Clause 12,

Malcolm Allen moved, — That Bill S-11, in Clause 12, be amended by adding after line 30 on page 5 the following:

“(2) Subsection (1) does not apply if the food commodity is for exportation only or if it is imported only for its manufacturing, preparing, storing, packaging or labelling for exportation purposes.”

After debate, the question was put on the amendment of Malcolm Allen and it was negatived, by a show of hands: YEAS: 4; NAYS: 6.

Clause 12 carried.

Clauses 13 to 19 inclusive carried severally.

On new Clause 19.1,

Malcolm Allen moved, — That Bill S-11 be amended by adding after line 19 on page 7 the following new clause:

“19.1 (1) Any person who has reasonable grounds to believe that a person has committed — or intends to commit — an offence under this Act may notify the Agency of the particulars of the matter and may request that his or her identity be kept confidential with respect to the notification.

(2) The Agency must keep confidential the identity of a person who has notified the Agency under subsection (1) and to whom an assurance of confidentiality has been provided by any person who performs duties or functions in the administration or enforcement of this Act.

(3) It is prohibited for an employer to dismiss, suspend, demote, discipline, harass or otherwise disadvantage an employee, or deny an employee a benefit of employment, by reason that

(a) the employee, acting in good faith and on the basis of reasonable belief, has disclosed to the Agency that the employer or any other person has committed or intends to commit an offence under this Act;

(b) the employee, acting in good faith and on the basis of reasonable belief, has refused or stated an intention of refusing to do anything that is an offence under this Act;

(c) the employee, acting in good faith and on the basis of reasonable belief, has done or stated an intention of doing anything that is required to be done in order that an offence not be committed under this Act; or

(d) the employer believes that the employee will do anything referred to in paragraph (a) or (c) or will refuse to do anything referred to in paragraph (b).”

After debate, the question was put on the amendment of Malcolm Allen and it was negatived, by a show of hands: YEAS: 5; NAYS: 6.

Clauses 20 to 23 inclusive carried severally.

On Clause 24,

Malcolm Allen moved, — That Bill S-11, in Clause 24, be amended by replacing line 12 on page 9 with the following:

“this Act, without prior notice, enter a place, including a conveyance,”

After debate, the question was put on the amendment of Malcolm Allen and it was negatived, by a show of hands: YEAS: 5; NAYS: 6.

Clause 24 carried.

Clauses 25 to 27 inclusive carried severally.

On new Clause 27.1,

Malcolm Allen moved, — That Bill S-11 be amended by adding after line 3 on page 12 the following new clause:

“27.1 A peace officer must provide such assistance as an inspector may request to enable the inspector to exercise their powers or perform their duties or functions under this Act.”

After debate, the question was put on the amendment of Malcolm Allen and it was negatived, by a show of hands: YEAS: 4; NAYS: 6.

Clauses 28 to 39 inclusive carried severally.

On new Clause 39.1,

Malcolm Allen moved, — That Bill S-11 be amended by adding after line 33 on page 18 the following new clause:

“39.1 Any person who contravenes a provision of this Act, of the Food and Drugs Act as it relates to food, or of the regulations made under either of those Acts, and who, in doing so, knowingly or recklessly causes a risk of injury to human health, is liable, in addition to any fine, to treble damages, punitive damages and, in the discretion of the court, damages in excess of any profit.”

After debate, the question was put on the amendment of Malcolm Allen and it was negatived, by a show of hands: YEAS: 4; NAYS: 6.

Clauses 40 to 46 inclusive carried severally.

On Clause 47,

Frank Valeriote moved, — That Bill S-11, in Clause 47, be amended

(a) by replacing lines 20 to 24 on page 20 with the following:

“47. (1) The Minister may disclose any personal information or confidential business information to a person or government, without the consent of the person to whom the information relates and without notifying that person, if the person to whom or government to which the information may be disclosed agrees in writing to maintain the confidentiality of the information and to use it only for the purpose of carrying out functions related to the protection of human health or safety or the environment and if the Minister considers that the”

(b) by replacing line 34 on page 20 with the following:

“(1.1) The Minister may, without the consent of the person to whose business or affairs the information relates and without notifying that person beforehand, disclose confidential business information about a food commodity that is a serious and imminent danger to human health or safety or the environment, if the disclosure of the information is essential to address the danger.

(1.2) If the Minister discloses confidential business information under subsection (1.1), he or she must, not later than the next business day following the disclosure, notify the person to whose business or affairs the information relates.

(1.3) For greater certainty, the Minister may disclose information to the public about a danger to human health or safety that a food commodity poses.

(2) The following definitions apply in this section.

“business day” means a day other than a Saturday or a holiday.

“government” means”

“« jour ouvrable » Jour qui n'est ni un samedi, ni un jour férié.”

After debate, the question was put on the amendment of Frank Valeriote and it was negatived, by a show of hands: YEAS: 4; NAYS: 6.

Clause 47 carried.

Clauses 48 to 51 inclusive carried severally.

On Clause 52,

Malcolm Allen moved, — That Bill S-11, in Clause 52, be amended by replacing lines 22 to 24 on page 25 with the following:

“ment as it exists on a particular date, provided that the person or body that produced the document is not in a material conflict of interest.”

After debate, the question was put on the amendment of Malcolm Allen and it was negatived, by a show of hands: YEAS: 5; NAYS: 6.

Clause 52 carried.

Clauses 53 to 66 inclusive carried severally.

On Clause 67,

Malcolm Allen moved, — That Bill S-11, in Clause 67, be amended by adding after line 9 on page 30 the following:

“(viii) the power to set criteria to fix public interest intervener costs and to tax final costs in connection with proceedings under this Act;”

After debate, the question was put on the amendment of Malcolm Allen and it was negatived, by a show of hands: YEAS: 5; NAYS: 6.

Clause 67 carried.

On Clause 68,

Frank Valeriote moved, — That Bill S-11, in Clause 68, be amended by replacing lines 22 to 32 on page 30 with the following:

“68. (1) On the coming into force of this section, and every five years after that, the Auditor General of Canada must undertake a comprehensive review of the provisions and operation of this Act and of the Canadian Food Inspection Agency Act, including an assessment of the resources allocated to their administration and enforcement, and submit a report to the Minister.

(2) The Minister must cause the report to be laid before each House of Parliament on any of the first 15 days on which that House is sitting after the Minister receives it.”

After debate, the question was put on the amendment of Frank Valeriote and it was negatived, by a show of hands: YEAS: 4; NAYS: 6.

Malcolm Allen moved, — That Bill S-11, in Clause 68, be amended by replacing line 22 on page 30 with the following:

“68. (1) On the coming into force of this section, the Minister must undertake an audit, that includes an assessment of the resources allocated to the administration and enforcement of this Act, in order to get baseline information to be applied to reviews undertaken under subsection (1.1).

(1.1) Five years after the coming into force”

After debate, the question was put on the amendment of Malcolm Allen and it was negatived, by a show of hands: YEAS: 5; NAYS: 6.

Clause 68 carried.

Clauses 69 to 110 inclusive carried severally.

On Clause 111,

Frank Valeriote moved, — That Bill S-11, in Clause 111, be amended by replacing line 1 on page 48 with the following:

“111. This Act, except sections 68, 73, 94, 109”

After debate, the question was put on the amendment of Frank Valeriote and it was negatived, by a show of hands: YEAS: 5; NAYS: 6.

Clause 111 carried.

The Short Title carried.

The Title carried.

The Bill carried.

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

At 10:50 a.m., the Committee adjourned to the call of the Chair.

David-Andrés Novoa
Clerk of the Committee

2013/02/21 5:29 p.m.