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MINUTES OF PROCEEDINGS

Meeting No. 42

Tuesday, November 4, 2014

The Standing Committee on Agriculture and Agri-Food met at 11:00 a.m. this day, in Room 8-53, 131 Queen Street, the Chair, Bev Shipley, presiding.

Members of the Committee present: Ruth Ellen Brosseau, Earl Dreeshen, Hon. Mark Eyking, Randy Hoback, Pierre Lemieux, LaVar Payne, Francine Raynault and Bev Shipley.

Acting Members present: Malcolm Allen for Denis Blanchette and Richard M. Harris for Bob Zimmer.

Other Members present: Elizabeth May.

In attendance: Library of Parliament: Frédéric Forge, Analyst ; Khamla Heminthavong, Analyst . House of Commons: David-Andrés Novoa, Legislative Clerk.

Witnesses: Canadian Food Inspection Agency: Tony Ritchie, Executive Director, Strategic Policy and International Affairs; Nicolas McCandie Glustien, Manager, Legislative Affairs. Department of Agriculture and Agri-Food: Rosser Lloyd, Director General, Business Risk Management Programs Directorate, Programs Branch; Martin Crevier, Assistant Director, Financial Guarantee Programs Division, Programs Branch. Department of Justice: Louise Sénéchal, General Counsel and Deputy Executive Director, Agriculture and Food Inspection Legal Services; Sara Guild, Acting Manager and Senior Counsel, Agriculture and Food Inspection Legal Services.

Pursuant to the Order of Reference of Tuesday, June 17, 2014, the Committee resumed consideration of Bill C-18, An Act to amend certain Acts relating to agriculture and agri-food.

The witnesses answered questions.

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

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

The Chair called Clause 2.

On Clause 2,

Ruth Ellen Brosseau moved, — That Bill C-18, in Clause 2, be amended by replacing line 22 on page 2 with the following:

“rights, means the intentional doing, without authority under”

After debate, the question was put on the amendment of Ruth Ellen Brosseau and it was negatived, by a show of hands: YEAS: 2; NAYS: 4.

Clause 2 carried by a show of hands: YEAS: 6; NAYS: 0.

On Clause 3,

Ruth Ellen Brosseau moved, — That Bill C-18, in Clause 3, be amended by replacing line 3 on page 4 with the following:

“demonstrates unique features that are clearly distinguishable from the initial variety and has not been sold by, or with the concurrence of,”

After debate, the question was put on the amendment of Ruth Ellen Brosseau and it was negatived, by a show of hands: YEAS: 1; NAYS: 5.

Clause 3 carried by a show of hands: YEAS: 5; NAYS: 0.

Clause 4 carried by a show of hands: YEAS: 5; NAYS: 0.

On Clause 5,

Ruth Ellen Brosseau moved, — That Bill C-18, in Clause 5, be amended

(a) by replacing line 2 on page 5 with the following:

“Act, the holder of the plant”

(b) by replacing line 5 on page 6 with the following:

“Act, the holder of the plant”

After debate, the question was put on the amendment of Ruth Ellen Brosseau and it was negatived, by a show of hands: YEAS: 3; NAYS: 5.

Ruth Ellen Brosseau moved, — That Bill C-18, in Clause 5, be amended by adding after line 35 on page 5 the following:

“(3) The payment of royalties referred to in subsection (2) can only be required once, either when beginning to or ceasing to exercise the rights in respect of which the authorization is conferred under paragraph (1)(h).

(4) It is not an offence to clean a protected variety of seeds for a third party and no person who does so may be compelled to reveal the names of their clients.”

After debate, the question was put on the amendment of Ruth Ellen Brosseau and it was negatived, by a show of hands: YEAS: 4; NAYS: 5.

Pierre Lemieux moved, — That Bill C-18, in Clause 5, be amended by replacing line 2 on page 7 with the following:

“5(1)(a) and (b) and — for the purposes of exercising those rights and the right to store — the right referred to in paragraph 5(1)(g) do not apply to harvested”

After debate, the question was put on the amendment of Pierre Lemieux and it was agreed to, by a show of hands: YEAS: 8; NAYS: 0.

Mark Eyking moved, — That Bill C-18, in Clause 5, be amended by adding after line 6 on page 7 the following:

“(3) For greater certainty, a farmer who has acquired the rights referred to in paragraphs 5(1)(a) and (b) in respect of the propagating material of a plant variety may, without having to pay any further royalties

(a) stock and condition the propagating material and any harvested material derived from the propagating material;

(b) make repeated use of the harvested material on his or her holdings for the purposes of propagating the plant variety; and

After debate, the question was put on the amendment of Mark Eyking and it was negatived, by a show of hands: YEAS: 2; NAYS: 5.

Ruth Ellen Brosseau moved, — That Bill C-18, in Clause 5, be amended by adding after line 22 on page 7 the following:

“5.5 The rights referred to in sections 5 to 5.2 are to be interpreted and applied in a manner that does not restrict the rights of farmers to sell or otherwise transfer propagating material to other farmers, including transfers by means of farmer-owned organizations such as cooperatives, associations and non-profit organizations.”

After debate, the question was put on the amendment of Ruth Ellen Brosseau and it was negatived, by a show of hands: YEAS: 2; NAYS: 5.

Pursuant to the order adopted by the Committee on Tuesday, October 29, 2013, the following amendment, submitted by Elizabeth May for the consideration of the Committee, was deemed moved:

That Bill C-18, in Clause 5, be amended by adding after line 22 on page 7 the following:

“5.5 Sections 5 to 5.4 are to be interpreted and applied in a manner that does not impose unreasonable financial burdens on farmers or impede their rights to grow, save and use seed for planting, including their unrestricted rights to clean, store and prepare seed for that purpose.”

Debate arose thereon.

Mark Eyking moved, — That the amendment be amended by deleting the words: “unreasonable financial burdens on farmers”

After debate, the question was put on the subamendment of Mark Eyking and it was negatived, by a show of hands: YEAS: 2; NAYS: 5.

The question was put on the amendment and it was negatived, by a show of hands: YEAS: 3; NAYS: 5.

Clause 5, as amended, carried by a show of hands: YEAS: 5; NAYS: 0.

By unanimous consent, Clauses 6 to 16 inclusive carried by a show of hands: YEAS: 8; NAYS: 0.

On Clause 17,

Ruth Ellen Brosseau moved, — That Bill C-18, in Clause 17, be amended by replacing lines 21 and 22 on page 14 with the following:

“acceptable, the Commissioner may take those results into consideration as part of the evidence for a review of a decision pursuant to any regulations made under paragraph 75(1)(m). The person on whose part material is”

After debate, the question was put on the amendment of Ruth Ellen Brosseau and it was negatived, by a show of hands: YEAS: 3; NAYS: 5.

Clause 17 carried by a show of hands: YEAS: 5; NAYS: 0.

By unanimous consent, Clauses 18 to 38 inclusive carried.

On Clause 39,

Ruth Ellen Brosseau moved, — That Bill C-18, in Clause 39, be amended by adding after line 42 on page 22 the following:

“(4.1) The Commissioner is responsible for providing information, on request, to breeders of plant varieties, dealers in seeds, growers of seeds, farmers and horticulturists to explain the application and operation of this Act and the regulations, and for seeking comments from those entities on the application and operation of the Act, including any proposed changes to the Act and the regulations.”

After debate, the question was put on the amendment of Ruth Ellen Brosseau and it was negatived, by a show of hands: YEAS: 3; NAYS: 5.

Clause 39 carried by a show of hands: YEAS: 6; NAYS: 0.

By unanimous consent, Clauses 40 to 49 inclusive carried by a show of hands: YEAS: 5; NAYS: 0.

On Clause 50,

Ruth Ellen Brosseau moved, — That Bill C-18, in Clause 50, be amended by adding after line 39 on page 26 the following:

“(4.1) Section 75 of the Act is amended by adding the following after subsection (1):

(1.1) Despite subsection (1), the Governor in Council may not make regulations that would restrict the use of harvested material by a farmer under subsection 5.3(2) by

(a) excluding a particular plant variety from the application of that subsection;

(b) establishing limits on a farmer’s use of harvested material, such as saving, treating, exchanging, conditioning and storing such material; or

After debate, the question was put on the amendment of Ruth Ellen Brosseau and it was negatived, by a show of hands: YEAS: 3; NAYS: 5.

Clause 50 carried by a show of hands: YEAS: 7; NAYS: 0.

By unanimous consent, Clauses 51 to 56 inclusive carried.

On Clause 57,

Ruth Ellen Brosseau moved, — That Bill C-18, in Clause 57, be amended by replacing line 24 on page 33 with the following:

“time to time, with the consent of Parliament.”

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

Pursuant to the order adopted by the Committee on Tuesday, October 29, 2013, the following amendment, submitted by Elizabeth May for the consideration of the Committee, was deemed moved:

That Bill C-18, in Clause 57, be amended by replacing line 29 on page 33 with the following:

“available to the public free of charge on the departmental website.”

After debate, the question was put on the amendment and it was negatived, by a show of hands: YEAS: 3; NAYS: 5.

Pursuant to the order adopted by the Committee on Tuesday, October 29, 2013, the following amendment, submitted by Elizabeth May for the consideration of the Committee, was deemed moved:

That Bill C-18, in Clause 57, be amended by deleting lines 18 to 25 on page 35.

After debate, the question was put on the amendment and it was negatived, by a show of hands: YEAS: 0; NAYS: 6.

Clause 57 carried by a show of hands: YEAS: 5; NAYS: 0.

By unanimous consent, Clauses 58 to 66 inclusive carried.

On Clause 67,

Ruth Ellen Brosseau moved, — That Bill C-18, in Clause 67, be amended by replacing line 10 on page 44 with the following:

“time to time, with the consent of Parliament.”

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

Pursuant to the order adopted by the Committee on Tuesday, October 29, 2013, the following amendment, submitted by Elizabeth May for the consideration of the Committee, was deemed moved:

That Bill C-18, in Clause 67, be amended by deleting lines 1 to 8 on page 46.

After debate, the question was put on the amendment and it was negatived, by a show of hands: YEAS: 0; NAYS: 6.

Clause 67 carried by a show of hands: YEAS: 5; NAYS: 0.

By unanimous consent, Clauses 68 to 74 inclusive carried.

At 1:00 p.m., the Committee adjourned to the call of the Chair.

Jean Michel Roy
Clerk of the Committee

2014/11/06 11:50 a.m.