Ag Canada says power over provinces limited

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Published: February 21, 2002

A parliamentary committee that scrutinizes the legality and

appropriateness of government regulations has problems with a cluster

of farmer levy regulations administered by provincial officials.

It is also concerned about how Agriculture Canada officials respond to

its complaints.

In early February, deputy agriculture minister Samy Watson appeared

before the joint committee on scrutiny of regulations to tell MPs and

senators that he agrees the delays in departmental response to

committee complaints has been “unacceptable”.

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He said that would improve.

But he did not agree with all the committee criticism.

At the core of the dispute is a concern that regulations used by

provincial boards in Quebec and Prince Edward Island to collect levies

from beef and maple syrup producers exceed the scope of the federal law

that is supposed to give them legal life.

Since the check-off regulations are authorized by the federal

Agricultural Products Marketing Act, the committee wants Agriculture

Canada or the National Farm Products Council to force provincial

administrators to change the wording to make it conform with federal

law.

Watson and Agriculture Canada lawyer Henry Schultz told the committee

it is impossible.

The federal department can encourage provincial agencies to change

regulations in accordance with federal objections, but has no power to

force changes.

Ottawa has the power to withdraw the total authorization to operate the

program, such as the national beef industry levy in a particular

province, but that is a drastic action.

As well, Watson and Schultz said that under existing rules, neither the

parliamentary committee nor the federal department has the power to

disallow regulations written and enforced by provincial authorities,

even if the legal authorization is a federal law.

Committee members disagreed. Ottawa has to be able to regulate

provincial actions taken under the authority of federal legislation,

they said.

Watson refused to back down on his view of Ottawa’s limited power to

order provincial agencies around.

He said Ottawa can and will try to persuade provincial agencies in

Quebec and P.E.I. to respond to the committee’s complaints.

“If they choose not to do it, we have no authority to force them to

change it.”

Committee members decided to let the issue pass for the moment.

They told Watson they were happy that he pledged more co-operation with

them in the future to try to persuade provincial agencies to change

regulations when asked.

But Liberal MP and committee member Derek Lee said in a later interview

that Watson’s interpretation of federal power is flawed and the

committee will not drop the issue. He said the committee will ask

Parliament for the power to disallow regulations issued under the

authority of a stand-alone agency such as the National Farm Products

Council. Its power of disallowance now is limited to regulations issued

under the authority of a minister.

And it will expect Watson and Agriculture Canada to do a better job of

responding to criticism and riding herd over provincial agencies

writing inappropriate regulations under the authority of federal

agricultural legislation.

“If concerns continue, we will do more than pass on a letter of

complaint,” he said.

“We’ll invite Agriculture Canada officials back before the committee

and suggest they bring their pajamas. They could be there for awhile.”

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