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MINUTES OF PROCEEDINGS

Meeting No. 49

Tuesday, June 14, 2005

The Standing Committee on Agriculture and Agri-Food met at 10:04 a.m. this day, in Room 701 La Promenade Building, the Chair, Paul Steckle, presiding.

Members of the Committee present: David L. Anderson, Charlie Angus, James Bezan, Wayne Easter, Mark Eyking, Roger Gaudet, Larry Miller, Denise Poirier-Rivard, Gerry Ritz, Paul Steckle and Rose-Marie Ur.

Acting Members present: Ken Boshcoff for Paul Steckle and Lloyd St. Amand for Mark Eyking.

In attendance: Library of Parliament: Jean-Denis Fréchette, Principal.

Witnesses: Canadian Food Inspection Agency: Kristine Stolarik, Executive Director, Liaison, Preparedness and Policy Coordination; Mark McCombs, Head and General Counsel, Legal Services; Jane Dudley, Counsel, Legal Services.

Pursuant to the Order of Reference of Friday, December 10, 2004, the Committee resumed consideration of Bill C-27, An Act to regulate and prohibit certain activities related to food and other products to which the Acts under the administration of the Canadian Food Inspection Agency apply and to provide for the administration and enforcement of those Acts and to amend other Acts in consequence.

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

The witnesses answered questions.

On New Clause 43.1,

Charlie Angus moved, — That Bill C-27 be amended by adding after line 29 on page 21 the following new clause:

“COMPENSATION

43.1 (1) Where the owner of a regulated product or the person having the possession, care or control of a regulated product has incurred any expense as a result of the exercise of the Agency’s powers under this Act or an Agency-related Act and the owner or person is not found to have committed an offence under this Act or an Agency-related Act, the owner or person may apply for compensation in the prescribed manner to the ombudsman or alternative disputes resolution.”

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: 3.

By unanimous consent, the Committee reverted to the consideration of the amendment of Wayne Easter previously stood which read as follows: That Bill C-27, in Clause 3, be amended by adding after line 24 on page 4 the following:

“(2) Subsection (1) does not apply to farming activities that are not mentioned in paragraphs (1)(a) to (e), or to the operation of an establishment to engage in such farming activities.”

David L. Anderson moved, — That the amendment be amended by deleting the following “ That are not mentioned in paragraphs (1)(a) to (e), or to the operation of an establishment to engage in such farming activities”

The question was put on the subamendment and the result of the vote was announced: YEAS: 5; NAYS: 5.

Whereupon, the Chair voted in the affirmative.

Accordingly, the subamendment was agreed to.

The question was put on the amendment of Wayne Easter and it was agreed to, by a show of hands: YEAS: 6; NAYS: 4.

Clause 3, as amended, carried.

By unanimous consent, the Committee reverted to the consideration of the amendment of Denise Poirier-Rivard previously stood which read as follows: That Bill C-27, in Clause 5, be amended

(a) by replacing line 1 on page 5 with the following:

“5. (1) Subject to subsections (2) and (3), the Minister may suspend or revoke a”

(b) by adding after line 3 on page 5 the following:

“(2) Except where a situation exists that poses an immediate risk to human or animal health, the Minister shall not suspend or revoke a licence unless the licence holder

(a) has been notified in writing that the Minister considers that the holder has contravened the conditions of the licence; and

(b) has been given an adequate opportunity to remedy any such contravention.

(3) A licence holder whose licence has been suspended or revoked may appeal the suspension or revocation in accordance with the regulations.”

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

Wayne Easter moved, — That Bill C-27, in Clause 5, be amended

(a) by replacing line 1 on page 5 with the following:

“5.(1) By notice in writing, the Minister may suspend or revoke a”

(b) by adding after line 3 on page 5 the following:

“(2) If the Minister suspends or revokes a licence under subsection (1), the licence holder may make a request to the President in writing for a review of the Minister's decision within the prescribed time.

(3) On receiving a request under subsection (2), the President shall review the decision and, if so requested, shall give the licence holder an opportunity to be heard.

(4) After reviewing the decision, the President shall provide his or her recommendation to the Minister within the prescribed time.

(5) After considering the President's recommendation, the Minister may confirm, reverse or modify the original decision, and the Minister's decision under this subsection is final.”

After debate, the question was put on the amendment of Wayne Easter and it was agreed to, by a show of hands: YEAS: 6; NAYS: 4.

At 11:46 a.m., the sitting was suspended.

At 12:18 p.m., the sitting resumed.

On Clause 5,

Charlie Angus moved, — That Bill C-27, in Clause 5, be amended by adding after line 3 on page 5 the following:

“(2) A licence holder whose licence has been suspended or revoked may, in accordance with the regulations, appeal the suspension or revocation to the ombudsman.”

After debate, the question was put on the amendment of Charlie Angus and it was agreed to, by a show of hands: YEAS: 6; NAYS: 4.

Clause 5, as amended, carried.

On New Clause 11.1,

Charlie Angus moved, — That Bill C-27, in Clause 5, be amended by adding after line 3 on page 5 the following:

“(2) A licence holder whose licence has been suspended or revoked may, in accordance with the regulations, appeal the suspension or revocation to the ombudsman.”

After debate, the question was put on the amendment of Charlie Angus and it was agreed to, by a show of hands: YEAS: 6; NAYS: 4.

James Bezan moved, — That Bill C-27 be amended by adding after line 19 on page 7 the following new clause:

“CONFERENCE

11.1 The Minister shall, within six months after the coming into force of this section, convene a conference of all the provincial ministers of agriculture for the purpose of establishing a single national standard with respect to the safety of agricultural products for human consumption. Any agricultural product that meets that standard would be able to be transported and sold to consumers in any part of Canada. The Minister shall take all measures within his or her power to ensure that the standard is in effect within one year after the termination of the conference.”

After debate, the question was put on the amendment of James Bezan and it was negatived, by a show of hands: YEAS: 4; NAYS: 7.

By unanimous consent, the Committee reverted to Clause 14 previously stood.

Charlie Angus moved, — That Bill C-27, in Clause 14, be amended by replacing line 3 on page 9 with the following:

“prescribed inspection bodies if the sampling, inspection, testing and reporting methodologies used by those bodies are comparable to those used by the Agency.”

After debate, the question was put on the amendment of Charlie Angus and it was agreed to.

Clause 14, as amended, carried on division.

By unanimous consent, the Committee reverted to the consideration of the amendment of Wayne Easter previously stood which read as follows: That Bill C-27, in Clause 25, be amended by

(a) deleting lines 38 and 39 on page 12; and

(b) adding after line 5 on page 14 the following:

“ (4) An inspector may restrict or prohibit the movement of, or hold, a regulated product in order to determine whether the regulated product meets the requirements established by or under the Agency-related Acts.

(5) The inspector shall communicate the restriction, prohibition or hold by notice sent to, or served on, the owner or person having the possession, care or control of the regulated product.

(6) If the inspector determines that the regulated product meets the requirements established by or under the Agency-related Acts, the inspector shall without delay cancel the restriction, prohibiton or hold.

(7) The inspector shall communicate the cancellation by notice sent to, or served on, the person to or on whom the notice under subsection (5) was sent or served.”

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

Wayne Easter moved, — That Bill C-27, in Clause 25, be amended by

(a) deleting lines 38 and 39 on page 12; and

(b) adding after line 5 on page 14 the following:

“(4) An inspector may restrict or prohibit the movement of, or hold, a regulated product in order to determine whether the regulated product meets the requirements established by or under the Agency-related Acts.

(5) The inspector shall communicate the restriction, prohibition or hold by notice sent to, or served on, the owner or person having the possession, care or control of the regulated product.

(6) The restriction, prohibition or hold may last only as long as necessary to determine whether the regulated product meets the requirements established by or under the Agency-related Acts.

(7) If the inspector determines that the regulated product meets the requirements established by or under the Agency-related Acts, the inspector shall without delay cancel the restriction, prohibition or hold.

(8) The inspector shall communicate the cancellation by notice sent to, or served on, the person to or on whom the notice under subsection (5) was sent or served.”

After debate, the question was put on the amendment of Wayne Easter and it was agreed to on division.

By unanimous consent, the Committee reverted to the consideration of the amendment of James Bezan previously stood which read as follows: That Bill C-27, in Clause 25, be amended by adding after line 5 on page 14 the following:

“(4) No inspector shall carry out an inspection unless he or she has received the specific education and training necessary to carry out the inspection in a competent manner.”

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

Clause 25, as amended, carried on division.

On New Clause 26.1,

Wayne Easter moved, — That Bill C-27 be amended by adding after line 11 on page 14 the following new clause:

“Manuals

26.1 The Agency shall make accessible to the public the manuals used by inspectors or officers exercising any power conferred by section 25.”

After debate, the question was put on the amendment of Wayne Easter and it was agreed to on division.

Clause 26.1, as amended, carried on division.

By unanimous consent, the Committee reverted to Clause 29 previously stood.

Clause 29, as amended, carried on division.

On New Clause 29.1,

Wayne Easter moved, — That Bill C-27 be amended by adding after line 30 on page 15 the following new clause:

“29.1 (1) The President shall designate a person who will become an Agency employee to act as ombudsman for the purposes of this section.

(2) If a person has incurred any costs as a result of the exercise of any power under section 25, he or she may file a complaint against the Agency with the ombudsman

(3) The ombudsman, or a person authorized by the ombudsman to act on his or her behalf, shall review and attempt to resolve the complaint and may, if appropriate, mediate or arrange for mediation of the complaint.

(4) If a complaint remains unresolved at the end of the process referred to in subsection (3), the ombudsman, or a person authorized by the ombudsman to act on his or her behalf, shall provide to the parties a report that includes the reasons why the complaint was not resolved.

(5) The ombudsman shall, at least annually, submit a report to the President setting out the number and nature of complaints filed under subsection (2) and describing the manner in which they were dealt with.

(6) The President shall submit the report to the Minister, without delay who shall make a copy of it public without delay.

(7) The ombudsman may recommend an appropriate compensation.”

Gerry Ritz moved, — That the amendment be amended by deleting the word(s) “from the Agency's employees ”

At 1:05 p.m. Gerry Ritz took the Chair.

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

Charlie Angus moved, — That the amendment be amended by replacing the words “from among the Agency's employees a person” with the words “a person who will become an Agency employee ”

After debate, the question was put on the subamendment and the result of the vote was announced: YEAS: 5; NAYS: 5.

Whereupon, the Chair voted in the affirmative.

Accordingly, the subamendment was agreed to.

Larry Miller moved, — That the amendment be amended by adding after subsection (6) the following: “(7)The ombudsman may recommend an appropriate compensation.”

After debate, the question was put on the subamendment and the result of the vote was announced: YEAS: 5; NAYS: 5.

Whereupon, the Chair voted in the affirmative.

Accordingly, the subamendment was agreed to.

Larry Miller moved, — That the amendment be amended by adding after subsection (6) the following: “(7)The ombudsman may recommend an appropriate compensation.”

The question was put on the subamendment and the result of the vote was announced: YEAS: 5; NAYS: 5.

Whereupon, the Chair voted in the affirmative.

Accordingly, the subamendment was agreed to.

Clause 29.1, as amended, carried on division.

By unanimous consent, the Committee reverted to the consideration of the amendment of Charlie Angus previously stood which read as follows: That Bill C-27, in Clause 32, be amended by replacing lines 20 to 22 on page 17 with the following:

“a warrant exist but it would not be practical to obtain one because the delay necessary to obtain a warrant would result in danger to human life or safety or the loss or destruction of evidence.”

By unanimous consent, the amendment was withdrawn.

“(5.1) For the purposes of subsection (5), exigent circumstances include circumstances in which the delay necessary to obtain a warrant would result in danger to human life or safety or the loss or destruction of evidence.”

By unanimous consent, the amendment was withdrawn.

Clause 32 carried on division.

By unanimous consent, the Committee reverted to the consideration of the amendment of Charlie Angus previously stood which read as follows: That Bill C-27, in Clause 44, be amended by replacing line 32 on page 21 with the following:

“to in subsection (2) who has been convicted of an offence under this Act or an Agency-related Act any costs incurred by Her”

After debate, by unanimous consent, the amendment was allowed to stand.

By unanimous consent, the Committee reverted to the consideration of the amendment of Charlie Angus previously stood which read as follows: That Bill C-27, in Clause 45, be amended by replacing line 18 on page 22 with the following:

“with this Act or the regulations if that person is convicted of an offence under this Act or an Agency-related Act.”

After debate, by unanimous consent, the amendment was allowed to stand.

On New Clause 55.1,

Charlie Angus moved, — That Bill C-27 be amended by adding after line 19 on page 25 the following new clause:

“APPEALS

55.1 Any person affected by a decision or order of the Agency or the Minister made under this Act or an Agency-related Act may appeal that decision or order to the Federal Court on a question of law or a question of jurisdiction, on application made within 30 days after the making of the decision or order or within such further time as that Court under special circumstances allows.”

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

By unanimous consent, the Committee reverted to Clause 56 previously stood.

Charlie Angus moved, — That Bill C-27, in Clause 56, be amended by replacing line 20 on page 25 with the following:

“56. The Governor in Council may, on the advice of the advisory board appointed under section 10 of the Canadian Food Inspection Agency Act, make”

By unanimous consent, the amendment was allowed to stand.

Wayne Easter moved, — That Bill C-27, in Clause 56, be amended by replacing lines 21 and 22 on page 26 with the following:

“infected or contaminated with a pest, disease or toxic substance”

After debate, the question was put on the amendment of Wayne Easter and it was agreed to on division.

Charlie Angus moved, — That Bill C-27, in Clause 56, be amended by replacing line 6 on page 27 with the following:

“(q) establishing rules regarding the practice and procedure to be followed with respect to the renewal, amendment, sus-”

After debate, the question was put on the amendment of Charlie Angus and it was agreed to on division.

At 1:51 p.m., the Committee adjourned to the call of the Chair.

Bibiane Ouellette
Clerk of the Committee

2005/06/17 1:44 p.m.