AGRI Committee Meeting

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MINUTES OF PROCEEDINGS

Meeting No. 44

Tuesday, May 31, 2005

The Standing Committee on Agriculture and Agri-Food met at 3:30 p.m. this day, in Room 371 West Block, the Chair, Paul Steckle, presiding.

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

Acting Members present: Brian Fitzpatrick for James Bezan.

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

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

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 Clause 34,

The Committee resumed consideration of the amendment of Charlie Angus, — That Bill C-27, in Clause 34, be amended by adding after line 36 on page 18 the following:

“(6) 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 section 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 Review Tribunal continued by subsection 4.1(1) of the Canada Agricultural Products Act.”

The debate continued.

The question was put on the amendment and the result of the vote was announced: YEAS: 4; NAYS: 4.

Whereupon, the Chair voted in the negative.

Accordingly, the amendment was negatived.

Clause 34 carried on division.

On Clause 35,

Wayne Easter moved, — That Bill C-27, in Clause 35, be amended by adding after line 3 on page 20 the following:

“(7) Despite subsection (6), the court shall not order the seized thing to be returned if

(a) in the case of an animal, animal product, animal by-product, veterinary biologic or other thing in respect of which the Health of Animals Act applies, it is, or is suspected to being, affected or contaminated by a disease or toxic substance as defined in subsection 2(1) of that Act; or

(b) in the case of a plant or other thing in respect of which the Plant Protection Act applies, it is a pest, is infested with a pest or constitutes a biological obstacle to the control of a pest.”

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

Clause 35, as amended, carried on division.

Clauses 36 to 39 inclusive carried on division severally.

On Clause 40,

Wayne Easter moved, — That Bill C-27, in Clause 40, be amended by replacing line 6 on page 21 with the following:

“40. No person shall, with intent to deceive, make a false or mislead-”

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

Clause 40, as amended, carried on division.

Clauses 41 to 43 inclusive carried on division severally.

On Clause 44,

Charlie Angus moved, — 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, Clause 44 was allowed to stand.

By unanimous consent, Clause 45 was allowed to stand.

On Clause 46,

Charlie Angus moved, — That Bill C-27, in Clause 46, be amended by replacing line 25 on page 22 with the following:

“a sample under this Act unless the loss, damage or costs were the result of a failure to exercise due diligence by an agent or employee of Her Majesty or the Agency.”

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

Clause 46, as amended, carried on division.

On Clause 47,

Wayne Easter moved, — That Bill C-27, in Clause 47, be amended by replacing, in the English version, line 39 on page 22 with the following:

“34(1)(b) or subsection 34(3) unless he or she had”

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

Clause 47, as amended, carried on division.

Clause 48 carried on division.

Clause 49 carried by a show of hands: YEAS: 5; NAYS: 4.

Clause 50 carried by a show of hands: YEAS: 5; NAYS: 4.

Clause 51 carried on division.

Clause 52 carried on division.

On Clause 53,

David L. Anderson moved, — That Bill C-27, in Clause 53, be amended

(a) by replacing line 4 on page 24 with the following:

“time within, but not later than, one year after”

(b) by replacing line 11 on page 24 with the following:

“at any time within, but not later than, one year”

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

Clause 53 carried on division.

At 5:24 p.m., the Committee adjourned to the call of the Chair.

Bibiane Ouellette
Clerk of the Committee

2005/06/03 2:57 p.m.