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Decentralized Democracy

Senate Volume 153, Issue 19

44th Parl. 1st Sess.
February 22, 2022 09:00AM
  • Feb/22/22 9:00:00 a.m.

Senator Gold: Thank you for the question, senator. The Government of Canada knows how critical the agricultural sector is to the economic and social well-being of Canada. Indeed, as I think the government has expressed on other occasions and in connection with this, there is no question the measures that are being taken under the Emergencies Act, notably the securing of our borders and trade routes, have enormous significance and benefit to the agricultural sectors, whether it is livestock out West or a huge panoply of products that go across at Windsor and elsewhere in the country.

As to your question, it is true that agricultural facilities are not defined as critical infrastructure, and the regulations do not authorize that to be added to it sort of pro forma. You are also right, however, to point out that there is a mechanism where, were there sufficient senators so inclined to refer that question to the committee to which I referred, it is possible to amend the regulations.

The other point I might add is that provisions of the regulations may, in fact, potentially apply were it to be the case that an unlawful protest and activity have the effect of shutting down a facility or impeding access to a facility, because the prohibitions against such acts are not limited to those that affect critical infrastructure. That’s under section 2(1).

So it is possible that activities outside of a facility could be covered, and it would open to the Senate to amend the regulations to so designate a facility or facilities as critical infrastructure.

Finally, it is still the case that there is the ability under the current regulations to designate additional protected places.

There are tools in the act that could be used, potentially, without change or, if amended, to address the situation you have raised. Thank you for the question.

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