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.”