Proceedings of the Standing Senate Committee on
Agriculture and
Forestry
Issue 16 - Fifth Report of the Committee
THURSDAY, May 14, 1998
The Standing Senate Committee on Agriculture and Forestry has the honour to present its
FIFTH REPORT
Your Committee, to which was referred Bill C-4, An Act to amend the Canadian Wheat Board Act and to make consequential amendments to other Acts, has, in obedience to the Order of Reference of Thursday, 26 February 1998, examined the said Bill and now reports the same with the following amendments, and with observations and recommendations:
1. Page 3, clause 3: Replace lines 12 to 14 with the following:
"appointed by the Governor in Council in accordance with section 3.09."
2. Page 5, clause 3: Replace lines 17 to 21 with the following:
3.09 (1) The president is appointed by the Governor in Council on the recommendation of the Minister and holds office during pleasure for the term that the Governor in Council may determine.
(2) The Minister may recommend that a person be appointed president only if
(a) the Minister has consulted the board with respect to
(i) the qualifications required of the president; and
(ii) the person whom the Minister is proposing to recommend; and
(b) the board has fixed the remuneration to be paid to the president and has informed the Minister of the remuneration.
(3) Notwithstanding the other provisions of this section, the Governor in Council may appoint a transitional president and fix the remuneration to be paid to him or her. The transitional president's term may not end more than one year after the coming into force of this subsection.
3.1 (1) The president is paid the remuneration fixed in accordance with paragraph 3.09(2)(b) or subsection 3.09(3)."
3. Pages 10 and 24, New clause 8.1 and clause 36:
(a) add after line 3, on page 10, the following:
"8.1 Within two years after the day this section comes into force, the Auditor General of Canada may commence an audit of the accounts and financial transactions of the Corporation for such fiscal years as the Auditor General considers appropriate and a report of the audit shall be made to the Corporation and the Minister."; and
(b) in clause 36, on page 24, replace line 1 with the following:
"tion 6(2) of this Act, and sections 8.1, 11, 27 and".
4. Pages 17 and 18, Clause 24:
(a) on page 17, delete lines 31 to 40;
(b) on page 18, delete lines 1 to 16; and
(c) renumber clauses 25 to 36 as clauses 24 to 35 and any cross-references thereto accordingly.
5. Pages 18, 19 and 20, Clause 26
(a) on page 18, replace lines 35 and 36 with the following:
"26. Section 47 of the Act and the headings before it are replaced by the following:
PART V
OTHER GRAINS
Application of Parts III and IV
47. (1) The Governor in Council may, by regulation, on the recommendation of the Minister, extend the application of Part III or of Part IV or of both Parts III and IV to barley.
(2) Where the Governor in Council has extended the application of any Part under subsection (1), the provisions of that Part shall be deemed to be re-enacted in this Part, subject to the following:
(a) the word "barley" shall be substituted for the word "wheat";
(b) the expression "barley products" shall be substituted for the expression "wheat products"; and
(c) subsection 40(2) is not applicable.
(3) An extension of the application of Part III shall come into force only at the beginning of a crop year.
(4) For the purposes of this section, "product", in relation to barley, means any substance produced by processing or manufacturing barley, alone or together with any other material or substance, designated by the Governor in Council by regulation as a product of barley for the purposes of this Part.
(5) The Minister shall not make a recommendation referred to in subsection (1) unless
(a) the Minister has consulted with the board about the extension; and
(b) the producers of barley have voted in favour of the extension, the voting process having been determined by the Minister.
47.1 The Minister shall not cause to be introduced in Parliament a bill that would exclude any kind, type, class or grade of wheat or barley, or wheat or barley produced in any area in Canada, from the provisions of Part IV, either in whole or in part, or generally, or for any period, or that would extend the application of Part III or Part IV or both Parts III and IV to any other grain, unless
(a) the Minister has consulted with the board about the exclusion or extension; and
(b) the producers of the grain have voted in favour of the exclusion or extension, the voting process having been determined by the Minister.".
(b) on page 19, delete lines 1 to 36; and
(c) on page 20, delete lines 1 to 38.
Respectfully submitted,
LEN GUSTAFSON
Chairman