AGRI Committee Meeting

The Standing Committee on Agriculture and Agri-Food met at 3:58 p.m. this day, in Room 237-C, Centre Block, the Chair, Bev Shipley, presiding.

The witnesses answered questions.

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

On Clause 75,

“3.3 The Registrar may not cancel the registration of a variety under paragraph 74(j) of the Seeds Regulations unless the Minister has, after consultation with Canadian farmers, determined that the cancellation would not be detrimental to their interests.”

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.

Clause 75 carried by a show of hands: YEAS: 5; NAYS: 0.

Clause 76 carried by a show of hands: YEAS: 5; NAYS: 0.

On Clause 77,

“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 77, be amended by deleting lines 36 to 43 on page 53.

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

Clause 77 carried by a show of hands: YEAS: 5; NAYS: 0.

By unanimous consent, Clauses 78 to 94 inclusive carried severally.

On Clause 95,

“(o.1) exempting, with justifiable conditions,”

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

On Clause 96,

“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: 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 96, be amended by deleting lines 7 to 14 on page 66.

After debate, the question was put on the amendment and it was negatived, by a show of hands: YEAS: 0; NAYS: 5.

Clause 96 carried by a show of hands: YEAS: 5; NAYS: 0.

By unanimous consent, Clauses 97 to 108 inclusive carried severally.

On Clause 109,

“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: 2; NAYS: 5.

Clause 109 carried by a show of hands: YEAS: 5; NAYS: 0.

By unanimous consent, Clauses 110 to 113 inclusive carried severally.

On Clause 114,

“(1.1) Section 4 of the Act is amended by adding the following after subsection (1):

(1.1) Before the Minister makes a regulation designating a violation under paragraph (1)(a) or fixing a penalty in respect of a violation under paragraph (1)(c), he or she shall consult with a cross-section of persons and businesses involved in the agriculture industry.”

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

Clause 114 carried.

By unanimous consent, Clauses 115 to 124 inclusive carried severally.

On Clause 125,

125. Subsection 5.1(2) of the Act is replaced by the following:

“(2) Paragraph 5(3)(i), section 23 and, unless the agreement specifies otherwise, the following provisions do not apply to an advance guarantee agreement that the Minister enters into without making the guarantee referred to in paragraph 5(1)(a):

(a) paragraphs 5(3)(c), (e), (f) and (h);

(b) paragraphs 10(1)(g) and (h);

(c) paragraphs 10(2)(b) and (c); and

(d) paragraph 19(1)(c).”

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

Clause 125, as amended, carried.

By unanimous consent, Clauses 126 and 127 carried severally.

On Clause 128,

“that the producer continuously owns the agricultural product, is responsible”

After debate, the question was put on the amendment of Pierre Lemieux and it was agreed to, by a show of hands: YEAS: 7; NAYS: 0.

Clause 128, as amended, carried by a show of hands: YEAS: 6; NAYS: 0.

On Clause 129,

(a) replacing line 18 on page 89 with the following:

“11. Subject to section 22, if an agricultural product for which a”

(b) replacing line 27 on page 89 with the following:

“uct, together with the interest — other than the interest paid by the Minister under subsection 9(1) — accruing on that portion calculated from the date of the advance.”

After debate, the question was put on the amendment of Pierre Lemieux and it was agreed to, by a show of hands: YEAS: 5; NAYS: 0.

Clause 129, as amended, carried by a show of hands: YEAS: 5; NAYS: 0.

By unanimous consent, Clauses 130 to 132 inclusive carried severally.

On Clause 133,

“(1.1) Paragraph 20(1)(b) of the Act is replaced by the following:

(b) for all agricultural products produced by a producer or a related producer, to the extent that advances for the agricultural products are attributable to the producer under subsection (2), $600,000 or the amount fixed by regulation.

(1.2) Subsection 20(1.1) of the Act is replaced by the following:

(1.1) The maximum amount of all advances that are eligible for a guarantee under this Act in relation to a producer, or to a related producer to the extent that the advances are attributable to the producer under subsection (2), may not, at any one time, exceed $600,000, or the amount fixed by regulation.”

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

Clause 133 carried by a show of hands: YEAS: 5; NAYS: 0.

By unanimous consent, Clauses 134 and 135 carried severally.

On Clause 136,

(a) replacing line 1 on page 93 with the following:

“136. (1) Subsections 23(1) and (2) of the Act”

(b) adding after line 43 on page 93 the following:

(2) Subsections 23(4) and (5) of the Act are replaced by the following:

“(4) Subject to the other provisions of this section, no action or proceedings may be taken by the Minister to recover any amounts, interest and costs owing after the six year period that begins on the day on which the Minister is subrogated to the administrator’s rights.

(5) The amounts, interest and costs owing may be recovered at any time by way of deduction from, set-off against or, in Quebec, compensation against any sum of money that may be due or payable by Her Majesty in right of Canada to the person or their estate or succession.

(6) If a person acknowledges liability for the amounts, interest and costs owing, whether before or after the end of the limitation or prescription period, the time during which the limitation or prescription period has run before the acknowledgment of liability does not count in the calculation of the limitation or prescription period and an action or proceedings to recover the amounts, interest and costs may be taken within six years after the day of the acknowledgment of liability.

(7) An acknowledgement of liability means

(a) a written promise to pay the amounts, interest and costs owing, signed by the person or his or her agent or other representative;

(b) a written acknowledgment of the amounts, interest and costs owing, signed by the person or his or her agent or other representative, whether or not a promise to pay can be implied from it and whether or not it contains a refusal to pay;

(c) a payment, even in part, by the person or his or her agent or other representative of any of the amounts, interests and costs owing;

(d) any acknowledgment of the amounts, interest and costs owing made by the person, his or her agent or other representative or the trustee or administrator in the course of proceedings under the Bankruptcy and Insolvency Act, the Farm Debt Mediation Act or any other legislation dealing with the payment of debts; or

(e) the person’s performance of an obligation under the repayment agreement referred to in subsection (1).

(8) Any period in which it is prohibited to commence or continue an action or proceedings against the person to recover the amounts, interest and costs owing does not count in the calculation of a limitation or prescription period under this section.

(9) This section does not apply in respect of an action or proceedings relating to the execution, renewal or enforcement of a judgment.”

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

Clause 136, as amended, carried by a show of hands: YEAS: 5; NAYS: 0.

By unanimous consent, Clauses 137 to 153 inclusive carried severally.

On new Clause 153.1,

“REVIEW AND REPORT

153.1 (1) Five years after the day on which this Act is assented to, and every five years after that, the Minister must cause an independent review of the provisions and operation of this Act to be undertaken.

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

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

Clause 1, Short Title, carried.

The Title carried.

The Bill, as amended, carried.

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 5:25 p.m., the Committee adjourned to the call of the Chair.