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MINUTES OF PROCEEDINGS
 
Meeting No. 4
 
Thursday, November 3, 2011
 

The Legislative Committee on Bill C-18 met at 6:00 p.m. this day, in Room 237-C, Centre Block, the Chair, Blaine Calkins, presiding.

 

Members of the Committee present: Malcolm Allen, David Anderson, Niki Ashton, Alex Atamanenko, Earl Dreeshen, Randy Hoback, Candice Hoeppner, Pat Martin, Hon. Rob Merrifield, Jean Rousseau, Brian Storseth, Merv Tweed, Frank Valeriote and Bob Zimmer.

 

In attendance: House of Commons: David-Andrés Novoa, Procedural Clerk. Library of Parliament: Kristen E. Courtney, Analyst; Jean-Denis Fréchette, Chief Analyst. House of Commons: Wayne Cole, Legislative Clerk; Joann Garbig, Procedural Clerk.

 

Witnesses: Department of Agriculture and Agri-Food: Paul Martin, Director General, Policy Development and Analysis Directorate; Ryan Rempel, Legal Counsel, Legal Services; Greg Meredith, Assistant Deputy Minister, Strategic Policy Branch.

 
Pursuant to the Order of Reference of Monday, October 24, 2011, the Committee resumed consideration of Bill C-18, An Act to reorganize the Canadian Wheat Board and to make consequential and related amendments to certain Acts.
 

By unanimous consent, it was agreed — That, notwithstanding the motion adopted on October 31, for the purpose of the debate on Clause 14 of the Bill, each subclause for which an amendment is proposed, every party speak for no more than five (5) minutes.

 

Paul Martin, Ryan Rempel and Greg Meredith answered questions.

 

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

 

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

 

Clause 2 carried on division.

 

On Clause 3,

Pat Martin moved, — That Bill C-18, in Clause 3, be amended by replacing lines 12 to 16 on page 1 with the following:

“3.02 (1) Fifteen directors are elected by the producers in accordance with the regulations. The president is a director and is elected by the other directors in accordance with the regulations.”

 

The Chair ruled the proposed amendment inadmissible because it was inconsistent with a decision taken by the Committee on a previous amendment, as provided on page 767 of House of Commons Procedure and Practice, Second Edition.

 

Clause 3 carried on division.

 

Clause 4 carried on division.

 

Clause 5 carried on division.

 

On Clause 6,

Pat Martin moved, — That Bill C-18, in Clause 6, be amended by replacing line 9 on page 2 with the following:

“sections 3.06 to 3.09 of the Act are repealed.”

 

The Chair ruled the proposed amendment inadmissible because it was inconsistent with a decision taken by the Committee on a previous amendment, as provided on page 767 of House of Commons Procedure and Practice, Second Edition.

 

Clause 6 carried on division.

 

Clause 7 carried on division.

 

Clause 8 carried on division.

 

On Clause 9,

Pat Martin moved, — That Bill C-18, in Clause 9, be amended by replacing lines 32 to 37 on page 2 with the following:

“Majesty but is deemed to be a Crown corporation within the meaning of the Financial Administration Act. The directors, officers, clerks and employees of the Corporation are not part of the federal public administration but are deemed to have all the rights and privileges of those persons who are part of the federal public administration.”

 

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

 

After further debate, Clause 9 carried.

 

On new Clause 9.1,

Randy Hoback moved, — That Bill C-18 be amended by adding after line 37 on page 2 the following new clause:

“9.1 The Act is amended by adding the following after section 18:

18.1 Despite subsection 18(2), the Corporation may agree to buy or sell grain if the agreement provides for purchase or sale to occur on or after the day on which Part 2 of the Marketing Freedom for Grain Farmers Act comes into force.”

 

After debate, the question was put on the amendment of Randy Hoback and it was agreed to.

 

New Clause 9.1 carried on division.

 

Clause 10 carried on division.

 

Clause 11 carried on division.

 

On Clause 12,

Pat Martin moved, — That Bill C-18, in Clause 12, be amended by replacing lines 15 and 16 on page 3 with the following:

“this Part comes into force remains in office.”

 

The Chair ruled the proposed amendment inadmissible because it was inconsistent with a decision taken by the Committee on a previous amendment, as provided on page 767 of House of Commons Procedure and Practice, Second Edition.

 

After further debate, Clause 12 carried on division.

 

Clause 13 carried on division.

 

On Clause 14,

Pat Martin moved, — That Bill C-18, in Clause 14, be amended by replacing lines 29 and 30 on page 5 with the following:

“grain for the benefit of producers.”

 

After debate, the question was put on the amendment of Pat Martin and it was negatived, by a show of hands: YEAS: 5; NAYS: 7.

 
Frank Valeriote moved, — That Bill C-18, in Clause 14, be amended by replacing lines 29 and 30 on page 5 with the following:

“the grain of producers who choose to deal with the Corporation and the Corporation is accountable only to Parliament.”

 

After debate, the question was put on the amendment of Frank Valeriote and it was negatived, by a show of hands: YEAS: 5; NAYS: 7.

 
Pat Martin moved, — That Bill C-18, in Clause 14, be amended by adding after line 16 on page 7 the following:

“(n.1) to prosecute, in accordance with the regulations, producers who fail to market their grain through the Corporation; and”

 

The Chair ruled the proposed amendment inadmissible because it was contrary to the principle of the Bill, as provided on page 766 of House of Commons Procedure and Practice, Second Edition.

 
Pat Martin moved, — That Bill C-18, in Clause 14, be amended by replacing line 24 on page 7 with the following:

“9. (1) The board consists of fifteen directors,”

 

After debate, the question was put on the amendment of Pat Martin and it was negatived, by a show of hands: YEAS: 5; NAYS: 7.

 
Pat Martin moved, — That Bill C-18, in Clause 14, be amended by replacing lines 26 to 30 on page 7 with the following:

“(2) All directors are elected by the producers in accordance with the regulations. The president is a director and is elected by the other directors in accordance with the regulations.”

 

After debate, the question was put on the amendment of Pat Martin and it was negatived, by a show of hands: YEAS: 5; NAYS: 7.

 
Frank Valeriote moved, — That Bill C-18, in Clause 14, be amended by replacing lines 18 to 23 on page 12 with the following:

“(3) The following losses sustained by the Corporation for which no other provision is made under this Act are to be paid out of moneys provided by Parliament:

(a) losses from its operation under Part 2 in relation to any pool period fixed under that Part, during that pool period; and

(b) losses from its other operations under this Act during any crop year.”

 

The Chair ruled the proposed amendment inadmissible because it infringed on the financial initiative of the Crown, as provided on page 767 of House of Commons Procedure and Practice, Second Edition.

 
Pat Martin moved, — That Bill C-18, in Clause 14, be amended by replacing lines 1 and 2 on page 15 with the following:

“25. (1) The Governor in Coucil may make recommendations to the Corporation with respect to the ”

 

After debate, the question was put on the amendment of Pat Martin and it was negatived, by a show of hands: YEAS: 5; NAYS: 7.

 
Pat Martin moved, — That Bill C-18, in Clause 14, be amended by deleting lines 6 to 10 on page 15.

 

After debate, the question was put on the amendment of Pat Martin and it was negatived, by a show of hands: YEAS: 5; NAYS: 7.

 
Frank Valeriote moved, — That Bill C-18, in Clause 14, be amended by replacing lines 10 and 11 on page 16 with the following:

“period or periods that the Corporation may set as a”

 

After debate, the question was put on the amendment of Frank Valeriote and it was negatived on the following recorded division: YEAS: Malcolm Allen, Niki Ashton, Pat Martin, Jean Rousseau, Frank Valeriote — 5; NAYS: David Anderson, Earl Dreeshen, Randy Hoback, Rob Merrifield, Brian Storseth, Merv Tweed, Bob Zimmer — 7.

 
Randy Hoback moved, — That Bill C-18, in Clause 14, be amended by replacing lines 22 to 24 on page 16 with the following:

“grain to the Corporation a sum certain per tonne basis in”

 

After debate, the question was put on the amendment of Randy Hoback and it was agreed to, by a show of hands: YEAS: 12; NAYS: 0.

 
Pat Martin moved, — That Bill C-18, in Clause 14, be amended by replacing line 33 on page 24 with the following:

“ing its duties, the Corporation may, if so directed by a plebiscite of the producers, give effect”

 

After debate, the question was put on the amendment of Pat Martin and it was negatived, by a show of hands: YEAS: 5; NAYS: 7.

 

Clause 14, as amended, carried by a show of hands: YEAS: 7; NAYS: 4.

 

By unanimous consent, clauses 15 to 41 inclusive carried severally by a show of hands: YEAS: 7; NAYS: 5.

 

On Clause 42,

Frank Valeriote moved, — That Bill C-18, in Clause 42, be amended by replacing line 27 on page 33 with the following:

“following Acts:”

 

After debate, the question was put on the amendment of Frank Valeriote and it was negatived on the following recorded division: YEAS: Malcolm Allen, Alex Atamanenko, Pat Martin, Jean Rousseau, Frank Valeriote — 5; NAYS: David Anderson, Earl Dreeshen, Randy Hoback, Rob Merrifield, Brian Storseth, Merv Tweed, Bob Zimmer — 7.

 
Frank Valeriote moved, — That Bill C-18, in Clause 42, be amended by replacing lines 3 and 4 on page 34 with the following:

“(2) The application must be submitted within four years, or any shorter”

 

The question was put on the amendment of Frank Valeriote and it was negatived on the following recorded division: YEAS: Malcolm Allen, Alex Atamanenko, Pat Martin, Jean Rousseau, Frank Valeriote — 5; NAYS: David Anderson, Earl Dreeshen, Randy Hoback, Rob Merrifield, Brian Storseth, Merv Tweed, Bob Zimmer — 7.

 
Frank Valeriote moved, — That Bill C-18, in Clause 42, be amended by deleting lines 7 to 10 on page 34.

 

The question was put on the amendment of Frank Valeriote and it was negatived on the following recorded division: YEAS: Malcolm Allen, Alex Atamanenko, Pat Martin, Jean Rousseau, Frank Valeriote — 5; NAYS: David Anderson, Earl Dreeshen, Randy Hoback, Rob Merrifield, Brian Storseth, Merv Tweed, Bob Zimmer — 7.

 

Clause 42 carried on division.

 

By unanimous consent, clauses 43 to 45 inclusive carried severally by a show of hands: YEAS: 7; NAYS: 5.

 

On Clause 46,

Pat Martin moved, — That Bill C-18, in Clause 46, be amended by replacing lines 21 to 24 on page 34 with the following:

“tion is not continued because of a decision ratified by a plebiscite of the producers.”

 

After debate, the question was put on the amendment of Pat Martin and it was negatived on the following recorded division: YEAS: Malcolm Allen, Alex Atamanenko, Pat Martin, Jean Rousseau, Frank Valeriote — 5; NAYS: David Anderson, Earl Dreeshen, Randy Hoback, Rob Merrifield, Brian Storseth, Merv Tweed, Bob Zimmer — 7.

 

After debate, Clause 46 carried on the following recorded division: YEAS: David Anderson, Earl Dreeshen, Randy Hoback, Rob Merrifield, Brian Storseth, Merv Tweed, Bob Zimmer — 7; NAYS: Malcolm Allen, Alex Atamanenko, Pat Martin, Jean Rousseau, Frank Valeriote — 5.

 

By unanimous constent, clauses 47 to 64 inclusive carried severally on the following recorded division: YEAS: David Anderson, Earl Dreeshen, Randy Hoback, Rob Merrifield, Brian Storseth, Merv Tweed, Bob Zimmer — 7; NAYS: Malcolm Allen, Alex Atamanenko, Pat Martin, Jean Rousseau, Frank Valeriote — 5.

 

On new Clause 64.1,

Pat Martin moved, — That Bill C-18 be amended by adding after line 21 on page 38 the following new clause:

“PART 6

REPORTS TO PARLIAMENT

Two-year and five-year reviews

64.1 (1) Two years after the coming into force of this section and subsequently every five years, the Minister of Agriculture and Agri-food must review the provisions and operation of this Act.

(2) The Minister must have a report on the review laid before each House of Parliament on any of the first 30 days on which it is sitting after the report is completed."

 

After debate, the question was put on the amendment of Pat Martin and it was negatived on the following recorded division: YEAS: Malcolm Allen, Alex Atamanenko, Pat Martin, Jean Rousseau, Frank Valeriote — 5; NAYS: David Anderson, Earl Dreeshen, Randy Hoback, Rob Merrifield, Brian Storseth, Merv Tweed, Bob Zimmer — 7.

 

The Short Title carried on the following recorded division: YEAS: David Anderson, Earl Dreeshen, Randy Hoback, Rob Merrifield, Brian Storseth, Merv Tweed, Bob Zimmer — 7; NAYS: Malcolm Allen, Alex Atamanenko, Pat Martin, Jean Rousseau, Frank Valeriote — 5.

 

The Title carried on the following recorded division: YEAS: David Anderson, Earl Dreeshen, Randy Hoback, Rob Merrifield, Brian Storseth, Merv Tweed, Bob Zimmer — 7; NAYS: Malcolm Allen, Alex Atamanenko, Pat Martin, Jean Rousseau, Frank Valeriote — 5.

 

The Bill, as amended, carried on the following recorded division: YEAS: David Anderson, Earl Dreeshen, Randy Hoback, Rob Merrifield, Brian Storseth, Merv Tweed, Bob Zimmer — 7; NAYS: Malcolm Allen, Alex Atamanenko, Pat Martin, Jean Rousseau, Frank Valeriote — 5.

 

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

 

ORDERED, — That Bill C-18, as amended, be reprinted for the use of the House at report stage.

 

At 9:57 p.m., the Committee adjourned to the call of the Chair.

 



Jean-François Lafleur
Clerk of the Committee

 
 
2011/11/15 10:24 a.m.