Proceedings of the Standing Senate Committee on
Agriculture and Forestry
Issue 15 - Minutes of Proceedings
OTTAWA, Tuesday, June 21, 2005
(24)
[English]
The Standing Senate committee on Agriculture and Forestry met this day, at 6:05 p.m., in room 9, Victoria Building, the Honourable Joyce Fairbairn, P.C. presiding.
Members of the committee present: The Honourable Senators Chaput, Fairbairn, P.C., Mercer, Mitchell, Oliver, Peterson, Ringuette, Robichaud, P.C. and Tkachuk (9).
In attendance: Frédéric Forge and Tara Gray from Research Branch of the Library of Parliament.
Also in attendance: The official reporters of the Senate.
Pursuant to the Order of Reference adopted by the Senate on Wednesday, June 15, 2005, the committee began its study of Bill S-38, An Act respecting the implementation of international trade commitments by Canada regarding spirit drinks of foreign countries.
APPEARING:
The Honourable Wayne Easter, P.C., M.P., Parliamentary Secretary to the Minister of Agriculture and Agri-Food with special emphasis on Rural Development.
WITNESSES:
Department of Agriculture and Agri-Food Canada:
David Liston, Legal Counsel, Legal Services;
Gary B. Koestler, Deputy Director, Eastern Hemisphere Division, International Trade Policy Directorate.
Association of Canadian Distillers:
Jan Westcott, President and Chief Executive Officer;
C.J. Hélie, Executive Vice-President.
West Indies Rum and Spirits Producers' Association:
Milan Stolarik, Advisor.
At 6:05 p.m., the Honourable Wayne Easter made a statement and together with the other witnesses answered questions.
At 6:55 p.m., Mr. Westcott and Mr. Stolarik made statements and together with the other witness answered questions.
At 7:45 p.m., the committee adjourned to the call of the Chair.
ATTEST:
OTTAWA, Thursday, June 23, 2005
(25)
[English]
The Standing Senate committee on Agriculture and Forestry met this day, at 8:05 a.m., in room 705, Victoria Building, the Honourable Joyce Fairbairn, P.C. presiding.
Members of the committee present: The Honourable Senators Callbeck, Chaput, Fairbairn, P.C., Kelleher, P.C., Mercer, Mitchell, Peterson, Robichaud, P.C. and Tkachuk (9).
In attendance: Frédéric Forge and Tara Gray from Research Branch of the Library of Parliament.
Also in attendance: The Official Reporters of the Senate.
Pursuant to the Order of Reference adopted by the Senate on Wednesday, June 15, 2005, the committee continued its study of Bill S-38. An Act respecting the implementation of international trade commitments by Canada regarding spirit drinks of foreign countries.
APPEARING:
The Honourable Wayne Easter, P.C., M.P., Parliamentary Secretary to the Minister of Agriculture and Agri-Food with special emphasis on Rural Development.
WITNESSES:
Department of Agriculture and Agri-Food Canada:
David Liston, Legal Counsel, Legal Services;
Gary B. Koestler, Deputy Director, Eastern Hemisphere Division, International Trade Policy Directorate.
At 8:05a.m., the Honourable Wayne Easter made a statement.
At 8:10 a.m., it was agreed that the committee proceed to clause-by-clause consideration of Bill S-38, An Act respecting the implementation of international trade commitments by Canada regarding spirit drinks of foreign countries.
It was agreed that the title stand.
It was agreed that the preamble stand.
It was agreed that clause 1 stand.
It was agreed that clause 2 carry.
It was moved by the Honourable Senator Mitchell that Bill S-38 be amended in clause 3, on page 2, by replacing lines 3 to 9, with the following:
"3. (1) No person shall use the name of a spirit drink referred to in sections 1 to 5 of the schedule to sell a product as a spirit drink except in accordance with those sections.
(2) Subsection (1) does not prevent the use of the name of a spirit drink to sell the spirit drink if it has been blended or modified in accordance with the laws of Canada.
(3) Subsection (1) does not prevent the use of any registered trademark that was applied for before January 1, 1996.''.
After debate, the question being put on the motion, it was adopted.
It was agreed that clause 3, as amended, carry.
It was moved by the Honourable Senator Mitchell that Bill S-38 be amended on page 2, by adding after line 9, the following:
"3.1 (1) No person shall use the name of a spirit drink referred to in sections 6 to 14 of the schedule to sell a product as that spirit drink except in accordance with those sections.
(2) Subsection (1) does not prevent the use of the name of a spirit drink to sell the spirit drink if it has been blended or modified in accordance with the laws of Canada.''.
After debate, the question being put on the motion, it was adopted.
It was agreed that clause 4 carry.
It was agreed that clause 5 carry.
It was agreed that clause 6 carry.
It was agreed that clause 7 carry.
It was agreed that clause 8 carry.
It was agreed that clause 9 carry.
It was agreed that clause 10 carry.
It was agreed that clause 11 carry.
It was agreed that clause 12 carry.
It was agreed that clause 13 carry.
It was agreed that clause 14 carry.
It was agreed that clause 15 carry.
It was agreed that clause 16 carry.
It was agreed that clause 17 carry.
It was moved by the Honourable Senator Mitchell that Bill S-38 be amended in the schedule, on page 6, by replacing sections 1 to 7, with the following:
"1. (1) A spirit drink may be sold using the name Grappa if it has been produced exclusively in Italy.
(2) A spirit drink may be sold using the name Grappa di Ticino if it has been produced in the Ticino region of Switzerland.
2. A spirit drink may be sold using the name Jägertee, Jagertee or Jagatee if it has been produced exclusively in Austria.
3. A spirit drink may be sold using the name Korn or Kornbrand if it has been produced exclusively in Germany or Austria.
4. A spirit drink may be sold using the name Ouzo or Oύζo if it has been produced exclusively in Greece.
5. A spirit drink may be sold using the name Pacharán if it has been produced exclusively in Spain.
6. Scotch whisky may be sold under that name if it has been distilled in Scotland as Scotch whisky for domestic consumption in accordance with the laws of the United Kingdom.
7. Irish whisky may be sold under that name if it has been distilled in Northern Ireland or in the Republic of Ireland as Irish whisky for domestic consumption in accordance with the laws of Northern Ireland or the Republic of Ireland.''.
After debate, the question being put on the motion, it was adopted.
It was agreed that the schedule, as amended, carry.
It was agreed that the title carry.
It was agreed that the preamble carry.
It was agreed that clause 1 carry.
It was agreed that Bill S-38 be adopted with amendments.
It was agreed that the Chair report Bill S-38, as amended, at the next sitting of the Senate.
At 8:20 a.m., the committee adjourned to the call of the Chair.
ATTEST:
Line Gravel
Clerk of the Committee