Softwood Lumber Products Export Charge Act, 2006

An Act to impose a charge on the export of certain softwood lumber products to the United States and a charge on refunds of certain duty deposits paid to the United States, to authorize certain payments, to amend the Export and Import Permits Act and to amend other Acts as a consequence

This bill was last introduced in the 39th Parliament, 1st Session, which ended in October 2007.

Sponsor

David Emerson  Conservative

Status

This bill has received Royal Assent and is now law.

Summary

This is from the published bill. The Library of Parliament often publishes better independent summaries.

The purpose of this enactment is to implement some of Canada’s obligations under the Softwood Lumber Agreement between the Government of Canada and the Government of the United States, by imposing a charge on exports of certain softwood lumber products to the United States and on refunds of certain duty deposits paid to the United States and by amending certain Acts, including the Export and Import Permits Act. The charge on exports will take effect on October 12, 2006 and will be payable by exporters of softwood lumber products. The enactment also authorizes certain payments to be made.

Elsewhere

All sorts of information on this bill is available at LEGISinfo, an excellent resource from the Library of Parliament. You can also read the full text of the bill.

Votes

Dec. 6, 2006 Passed That the Bill be now read a third time and do pass.
Dec. 4, 2006 Passed That Bill C-24, An Act to impose a charge on the export of certain softwood lumber products to the United States and a charge on refunds of certain duty deposits paid to the United States, to authorize certain payments, to amend the Export and Import Permits Act and to amend other Acts as a consequence, as amended, be concurred in at report stage with further amendments.
Dec. 4, 2006 Failed That Bill C-24 be amended by deleting Clause 50.
Dec. 4, 2006 Failed That Bill C-24 be amended by deleting Clause 18.
Dec. 4, 2006 Passed That Bill C-24, in Clause 17, be amended by: (a) replacing lines 42 and 43 on page 12 with the following: “product from the charges referred to in sections 10 and 14.” (b) replacing line 3 on page 13 with the following: “charges referred to in sections 10 and 14.”
Dec. 4, 2006 Failed That Bill C-24 be amended by deleting Clause 17.
Dec. 4, 2006 Failed That Bill C-24 be amended by deleting Clause 13.
Dec. 4, 2006 Passed That Bill C-24, in Clause 12, be amended by replacing lines 2 to 13 on page 8 with the following: “who is certified under section 25.”
Dec. 4, 2006 Passed That Bill C-24, in Clause 10.1, be amended by: (a) replacing line 27 on page 5 with the following: “referred to in section 10:” (b) replacing line 12 on page 6 with the following: “underwent its first primary processing in one of”
Dec. 4, 2006 Failed That Bill C-24 be amended by deleting Clause 10.
Dec. 4, 2006 Failed That Bill C-24, in Clause 107, be amended by replacing lines 37 and 38 on page 89 with the following: “which it is made but no earlier than November 1, 2006.”
Dec. 4, 2006 Failed That Bill C-24, in Clause 100, be amended by replacing line 3 on page 87 with the following: “( a) specifying any requirements or conditions that, in the opinion of the Government of Canada, should be met in order for a person to be certified as an independent remanufacturer;”
Dec. 4, 2006 Failed That Bill C-24 be amended by deleting Clause 8.
Oct. 18, 2006 Passed That the Bill be now read a second time and referred to the Standing Committee on International Trade.
Oct. 16, 2006 Failed That the motion be amended by deleting all the words after the word "That" and substituting the following: “the House decline to proceed with Bill C-24, An Act to impose a charge on the export of certain softwood lumber products to the United States and a charge on refunds of certain duty deposits paid to the United States, to authorize certain payments, to amend the Export and Import Permits Act and to amend other Acts as a consequence, because it opposes the principle of the bill, which is to abrogate the North American Free Trade Agreement, to condone illegal conduct by Americans, to encourage further violations of the North American Free Trade Agreement and to undermine the Canadian softwood sector by leaving at least $ 1 billion in illegally collected duties in American hands, by failing to provide open market access for Canadian producers, by permitting the United States to escape its obligations within three years, by failing to provide necessary support to Canadian workers, employers and communities in the softwood sector and by imposing coercive and punitive taxation in order to crush dissent with this policy”.
Oct. 4, 2006 Failed That the amendment be amended by adding the following: “specifically because it fails to immediately provide loan guarantees to softwood companies, because it fails to un-suspend outstanding litigation which is almost concluded and which Canada stands to win, and because it punishes companies by imposing questionable double taxation, a provision which was not in the agreement signed by the Minister of International Trade”.

Softwood Lumber Products Export Charge Act, 2006Government Orders

September 26th, 2006 / 11:05 a.m.
See context

Conservative

Mike Allen Conservative Tobique—Mactaquac, NB

Mr. Speaker, I am proud to rise to speak in support of Bill C-24. I will be splitting my time with the hon. member for Macleod.

My riding has a significant component of forestry operations, actually running along the entire east section of my riding all the way from the Grand Falls area all the way over to almost Boistown in the middle of New Brunswick.

It has to be understood that forestry is an important aspect of the New Brunswick economy as well as my riding of Tobique—Mactaquac. I have some statistics from the New Brunswick Forest Products Association. In New Brunswick, forestry accounts for 23,400 direct and indirect jobs with $1.1 billion in wages and salaries. It is significant that 40 rural communities depend on some aspect of the industry for their existence. In Tobique—Mactaquac communities like Juniper, Plaster Rock, Bristol, Napadogan and Hainesville are all impacted.

When we think of the impact, what do these revenues get us? Forestry revenues cover 200 hospital beds, 20 schools and 400 teachers. That is the kind of thing that forestry contributes to the economy in New Brunswick.

For example, this past Saturday, I was in Plaster Rock for the 100th anniversary of operations of the Fraser Company. At the ceremony a Fraser executive stood to state how appreciative the company was of the government's stance to get this deal done. It wanted the lumber deal to go through and for it to happen now.

Make no mistake about it, the industry in Atlantic Canada wants this deal. It was appreciative of what we have done and felt that this was a chance to pave the way for its next 100 years of operations, the certainty that this deal will give it for the next seven to nine years.

I have heard many statements about winning the next legal challenge, that this would be over, let us wait it out, and see what is going to happen. I can say that the industry people in my riding are under no illusion that this would be over with any next legal challenge. The only certainty that they see with the continued battle in the courts is that more money is going to be spent on lawyers, not on the industry, not the communities and most of all, not on the people in these communities who need the support.

The Atlantic provinces have been fortunate to have the support of the Maritime Lumber Bureau under the leadership of Diana Blenkhorn in this whole escapade over the last 20 years. The bureau has presented a united front for maritime lumber in protecting our industry as a non-subsidized industry. During the past summer, Ms. Blenkhorn provided testimony to the Standing Committee on International Trade where she talked at length about the maritime exemption, how hard the Atlantic provinces have worked for the exemption, the tracking of lumber and the certificate of origin processes. All of those have exempted our Atlantic industry from issues and problems.

At the same committee, the industry critic for the Liberals, and the member Beauséjour, praised the agreement for protecting Atlantic Canada's interests. As an Atlantic Canadian, I am certainly pleased that the agreement protects the rights we have fought hard to ensure are protected.

I am not sure how industry can reconcile the comments made by the hon. member for Beauséjour in July to his lack of commitment to the industry that he demonstrates by opposing this deal and going on at length yesterday in his speech in this place.

I asked a representative from Fraser, why would Atlantic Liberal and NDP MPs not back this deal? I do not understand. In fact, there are reams of paper in letters sent to every Atlantic MP asking us to support this deal, that it is a good deal for Atlantic Canada. They come from all over the riding. They asked us to support this and get behind it. The representative had no idea. He could not understand it, but he did assure me of one thing, that he would hear about it from his industry representatives coming forward.

As my colleague from Cumberland—Colchester—Musquodoboit Valley stated in the debate yesterday, the industry in Atlantic Canada has worked hard to gain efficiencies in its operations. The industry has striven to identify value added opportunities and the kinds of value and investment it needs to do that. People in the industry have worked hard to keep our rural communities alive. They want resolution. They want the certainty that this deal provides. They want to move forward. They have gotten their exemption.

I point to a relatively small sawmill in the Hainesville area of my riding. The owner wants to explore new business opportunities. He knows that in this down market he needs to be able to do things and create value added opportunities. An accelerated rebate is a key for him. Like other mill owners in my riding, he has no false illusions that the next court case or continued legal action will produce the results that he is expecting or will get him his money any faster. That accelerated rebate is a key.

This deal will deliver financial results mere weeks after going into effect. That is what these people are looking for. In fact someone from a sawmill called me yesterday saying, “We are going to need the money. I have deferred my investments. I want to put in a new saw operation. As well, I might be looking at a new pellet mill in my operation”. All these kinds of things are important investments that folks in my riding want to make to create value, not only for their sawn lumber but also for their low grade fibre.

I also want to applaud our Atlantic members who, with the Maritime Lumber Bureau, discovered the need for a minor wording change to ensure that Bill C-24 guarantees the exemption for Atlantic Canada. As my colleague pointed out yesterday, it is an important recognition by the Minister of International Trade to ensure that we say exemption and not zero rated. It may be minor but it is a very important and key thing for Atlantic Canada.

I want to conclude with a few comments and examples of support that I can point to over the last little while. The provincial governments in Atlantic Canada support the agreement. Many questions have been asked in this House over the past couple of days of whether people have checked with their premiers to see if they were taken out behind the woodshed and browbeaten to support this deal. I have not heard an answer to any of those yet.

The industry in Atlantic Canada supports this agreement. How could Atlantic Liberal and NDP MPs vote against it? The Maritime Lumber Bureau is a strong supporter of the agreement. How could Atlantic Liberal and NDP MPs vote against it? The new Liberal premier of New Brunswick is on record as supporting this agreement. How could Atlantic Canadian and New Brunswick MPs vote against this?

In contrast, not so long ago the Liberals were prepared to accept much less of a deal. As the minister has pointed out, he cannot believe how much of a better deal we have. The Conservative government ensured the Atlantic Canada's lumber industry was protected and its exemption maintained. The Liberal trade minister at the time admitted that the Liberals had been ready to trade away Atlantic Canada's interests as a bargaining chip. I guess Liberal MPs have to toe the party line. They do not have to vote for what is good for Atlantic Canada.

This is a good deal for Atlantic Canada. It is a good deal for Canadians. Two governments support it. The Government of Canada supports it. The industry strongly supports it. I urge members of this House to throw the partisanship aside and get behind this deal.

Softwood Lumber Products Export Charge Act, 2006Government Orders

September 26th, 2006 / 10:25 a.m.
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Liberal

Paul Szabo Liberal Mississauga South, ON

Mr. Speaker, the fact of the matter is that both the NAFTA and WTO panels have ruled continually that our softwood industry has not been subsidized. In fact, the current provisions of Bill C-24 are going to create an export tax that at current price levels will actually be higher than current U.S. duties. It also would create a problem down the road, obviously, with regard to future deals.

Does the member have the same view we do that this is a sellout and that the industry has been bullied into switching its position from being opposed initially and then suddenly miraculously and out of the blue turning around and deciding to go for this sellout?

Softwood Lumber Products Export Charge Act, 2006Government Orders

September 26th, 2006 / 10:15 a.m.
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NDP

Catherine Bell NDP Vancouver Island North, BC

Mr. Speaker, I am glad to have this opportunity today to talk about my concerns and the concerns of so many others in my riding that have been expressed to me about how this softwood lumber deal is bad for Canada.

I think everyone wants a softwood lumber deal, but the tariffs and the court challenges that have been plaguing the softwood industry for many years now have had a negative effect on forest dependent communities in my riding and across this country, and they were court challenges that the Canadian industry won over and over again.

The Conservatives campaigned on getting tough with the Americans, on standing up for Canada and Canadian interests, but instead they got tough with Canadian lumber companies. With the signing of this deal, they have negotiated away all of Canada's wins at the NAFTA tribunal and have put workers and communities in jeopardy.

Canadians should be very worried about this deal and what it means, not just for the softwood industry, but for all industry. When the U.S. can take Canada to court and it is proved that Canada is innocent at every level of appeal and tribunal, that Canada does not subsidize the softwood industry, and still the Government of Canada signs off on a deal that gives away the very thing we won, full compensation, the precedent this sets must have implications for every industry in this country that does business south of the border.

How can anyone agree to a precedent such as this? It sells out our ability and our credibility in the international courts, not to mention world public opinion.

This deal leaves more than $1 billion on the table. That is a lot of money. That money should be coming back to Canadian softwood lumber companies to invest here in impacted forest communities. Because of the length of time during which the softwood crisis has dragged on and because of inaction by the previous government, forest communities have suffered. There has been a serious under-investment in mills in this country because it is cheaper to send raw logs across the border than to pay the tariffs on processed lumber.

In my riding on Vancouver Island North, where I have heard very little support for this deal, workers, community leaders and small lumber companies are telling me that this deal will spell the end of their existence. Without the prospect of seeing a 100% return of the illegally taken tariffs, no hope of loan guarantees and, if a company does not sign on to this deal, a 19% levy, they are feeling pressure to support this softwood sellout.

The NDP called on the government for loan guarantees for affected companies to get them through the litigation process that they were on the verge of winning. Loan guarantees would have allowed cash-strapped companies to continue operating to possibly upgrade their mills instead of downsizing and maybe shutting down, but the government refused to assist those companies. In so doing, it refused to assist the workers and the communities in which they live.

When it becomes cheaper for the industry to export raw logs to the U.S. than to process them into lumber in our small communities, it effectively closes those mills, mills that provided good paying, family supporting jobs in coastal communities. There is nothing in the softwood deal which will ensure that mills will once again flourish, and communities along with them.

Not only are the lumber mills disappearing, but pulp mills are having a hard time getting fibre to make their product. Fibre in the form of wood chips from sawmills used to be plentiful and easily accessible, but with the closure of those mills not any more. Pulp and paper operations have to seek out fibre supplies from outside the province and the country, in fact sometimes buying the very wood chips of logs milled in the U.S. that grew in the same area as the pulp mill. It makes no sense.

The value added sector in this country is quickly disappearing and the government is doing nothing to stop the export of raw logs and processing jobs.

How do I tell those workers and those communities affected by this deal that it is in their best interest when we all know it is not?

The fact that over a billion dollars is not coming back to Canada is one thing, but let us take a look at where it is going and what it could be used for. Of the billion dollars Canada's softwood industry workers and communities will never see, $500 million will go to subsidize the U.S. Coalition for Fair Lumber Imports.

Canada is giving away $500 million to the very aggressor of this trade war, which purported unfairly that our industry was subsidized, to use against us in the future. If ever there were a schoolyard bully in this situation, and there seem to be two, the U.S. Coalition for Fair Lumber Imports is one of them.

As for the other $450 million, that is going directly to the George Bush administration to use at its discretion without congress approval or accountability. How can anyone justify it, no matter what it might be used for?

The other bully in this situation is the Conservative government, which is giving away Canadian dollars to the U.S. even though the Canadian softwood lumber industry won every NAFTA dispute and was awarded full compensation. It is like taking lunch money from little kids and giving it to the bullies who beat them up at recess so the bullies can buy bigger sticks to whack them in the future. How can this possibly be good for Canada? How is this fair?

The government may say that it has the support of industry and the provinces, but much of that support was conditional and the provinces were pressured to sign on. We know that less than 95% of the companies signed on by the government's due date. Much of that support was on the condition that the government in fact met its 95% threshold.

That did not stop the government from implementing punitive taxes of 19% on those who refused to sign up, another bullying tactic. It says that if they do not sign up and give 20% of company returns away, the government will take it away when they win 100% at litigation. How is that showing support for industry? That 19% just might be the straw that breaks the camel's back for some in the industry, yet the government will not support them with a process that they have every right to engage in and were about to win.

Then there is the issue of stability and certainty for the softwood lumber industry. The government has said that this deal will give seven to nine years of certainty in the industry, but if we look closely at this deal we see that it can be unilaterally cancelled at any time after just 18 months. Therefore, it does not provide predictability or stability to the softwood lumber industry.

The U.S. can also terminate the agreement immediately if it feels that Canada has not complied with the terms. Given its track record of imposing illegal tariffs in the first place, how can we be sure that the U.S. will not unilaterally decide to end the deal, regardless of a side letter that says it will not casually terminate it? There is no guarantee. Unfortunately, because of the events of the last several years, it will be difficult to trust the U.S. Coalition for Fair Lumber Imports once it has that $500 million of our money.

Supporting Bill C-24 means we would be voting confidence in the government. We are not prepared to do that, since we are not convinced that this deal is the best deal we can get. If the government had let the extraordinary challenge committee review panel do its job, instead of cancelling it, Canada would have won once and for all a 100% return of the illegally taken tariffs and all that money would now be flowing back to Canadian industry, communities and workers, not into the pockets of U.S. lobbyists and George Bush.

By undercutting our legal victories, the government has set a dangerous precedent that Canada will capitulate to American industry despite having a winning case. This precedent is as troubling for the lumber sector as it is for any other industrial sector. This deal is a betrayal of resource communities in British Columbia and across Canada.

In fact, just yesterday the government added to its list of betrayals of resource communities by cutting over $11 million from the pine beetle initiative. Ironically, on the same day, the government produced a press release saying the beetle knows no bounds and is threatening the boreal forest.

Also, $20 million has been cut from the DFO, money that could have been used for enhancement, enforcement and upgrading infrastructure.

The government has also cut money from western diversification, money that has not yet been allocated. The government is calling it unused program funding, but it is hard to allocate funding when everything is frozen.

It is an ongoing list. These betrayals of rural communities are becoming a shameful pattern in this minority Parliament. The sooner it ends, the better off Canada will be.

I have said it before and I will say it again: this is the same bad deal that was introduced months ago. It is the same bad deal that workers refused to support because they know their jobs are at stake. It is the same bad deal that industry refused to support until it was bullied by the government into signing on. It is the same bad deal that the NDP did not support in the beginning and will not support in the end.

It is our job as members of Parliament to defend Canadian interests, to defend Canadian jobs, and to defend Canadian communities, not sell them out.

September 26th, 2006 / 9:25 a.m.
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Conservative

Ted Menzies Conservative Macleod, AB

Thank you, Mr. Chair.

I would argue that we are talking about two completely different discussions here. The motion that was put forward and carried at the previous meeting was discussing the potential softwood lumber agreement.

If we decided to travel now it would be to have discussions on Bill C-24. We would need a completely different motion from this committee...two totally different discussions.

September 26th, 2006 / 9:25 a.m.
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The Clerk

What you have is a motion requesting or ordering the chair to present a budget proposal to the liaison committee. That's the first point. It is not to make the arrangements, as you pointed out, Mr. Julian, which is a fair comment; it's really to seek permission to travel.

The second step, if the liaison committee approves, is for the House leaders to give permission to travel. A prerequisite for any motion to travel is dates. If you don't have dates, it's difficult to determine when you'll travel.

If you want to travel on the softwood lumber legislation, Bill C-24, it is in front of the House at the moment. As you pointed out, if it comes to committee.... I know there's an amendment and a subamendment in the House at the moment, so it is difficult to do a budget and a proposal for travel, because there are no dates.

I don't want to prejudge the liaison committee, but from my experience I would be surprised that they would approve a budget based on hypothetical travel, because you don't have the dates. It's a bit of a conundrum.

September 26th, 2006 / 9:20 a.m.
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NDP

Peter Julian NDP Burnaby—New Westminster, BC

Mr. Chair, this committee has adopted a motion. That is what was adopted by the committee. The direction we've given to you as chair, and to the clerk, is to arrange those hearings.

We have a bill that will be coming forward, presumably, if it passes second reading, and it will involve hearings in any event. So we're not talking about past business, we're talking about current business. We need to know what the impact is in the Lac-Saint-Jean—Saguenay region, in northern Quebec, which is Pierre Paquette's motion. We need to know what the impact is in northwestern Ontario, which was Mr. Boshcoff's motion. We need to know what the impact is in British Columbia.

It's very pertinent, it's very relevant, and I think the residents of those areas have already expressed real interest in these hearings. If this committee adopts a motion that cancels those hearings, I think folks in those regions would like to hear about it. We have a motion—it was adopted—that directs the chair and the clerk to structure those hearings. We also have work that would be coming forward that meshes very well with the hearings.

So I would suggest that we just continue, given that we have the motion and given that we have adopted this attempt to go to those three regions, and we proceed to mesh the hearings on the second reading of Bill C-24, at the committee stage--assuming it passes second reading--with hearings in the region. Rather than having folks, the few wealthy, come to Ottawa to express their points of view, we go to the regions. That's what we should be doing as parliamentarians to hear firsthand what the impact of Bill C-24 will be in those regions.

Softwood Lumber Products Export Charge Act, 2006Government Orders

September 25th, 2006 / 6:20 p.m.
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Pitt Meadows—Maple Ridge—Mission B.C.

Conservative

Randy Kamp ConservativeParliamentary Secretary to the Minister of Fisheries and Oceans

Mr. Speaker, it is a pleasure to speak to Bill C-24 which will implement Canada's obligations under the softwood lumber agreement. Let me say right off the top that I urge all members of the House to support this bill.

The main point I would like to make is a simple one, that the softwood lumber agreement is good for industry, it is good for lumber communities and it is good for Canada. It is an agreement that, as we have been saying here, enjoys a broad base of support. It is an agreement that brings many benefits to our lumber industry. It is an agreement that will help us take the next steps in building a stronger economic future for Canadians and Americans alike.

Let me start by saying that the agreement did not come about by itself. It is the result of a strong Canadian position, one forged with the active involvement of industry and provinces.

In fact, in direct response to industry concerns, the agreement contains two important clarifications. One is a 12 month standstill period upon expiry of the agreement, under which the U.S. cannot bring new trade action against Canadian softwood producers. There is also a requirement for a six month notice period if either party wants to terminate the agreement--of course, we do not expect that to happen--also with a 12 month standstill period if the U.S. should terminate the agreement early.

In response to Canadian industry concerns regarding the exemption of coastal logs and lumber, the U.S. has also confirmed that it is prepared to engage in early bilateral discussions to ensure the agreement operates in a commercially viable manner.

The agreement also stems from the dedication of countless officials across government and on both sides of the border.

Ambassador Wilson and Ambassador Wilkins and their staff here in Ottawa and Washington deserve our thanks for their hard work and steadfast commitment. We owe a great debt to the member for Vancouver Kingsway, our Minister of International Trade, for finally bringing this agreement to completion.

The provinces along with our softwood lumber industry were instrumental in shaping Canada's negotiating position. The premiers of British Columbia, Quebec and Ontario in particular deserve our appreciation for their ability to see beyond partisan concerns and add their support to our efforts to put an end to this dispute.

Most significantly the agreement is the result of a new tone at the top. When our Prime Minister met with President Bush in Cancun earlier this year, they decided to give solving this issue the momentum it deserved. Thanks to their efforts and leadership we are now able to turn the page on this dispute.

This is an agreement to be proud of. It is a practical and flexible agreement that ends this long-standing dispute on terms that are highly favourable to Canada.

Frankly, I am having a hard time understanding why all B.C. MPs are not supporting this agreement. The Liberal government of British Columbia supports the agreement. In fact, B.C. forestry minister Rich Coleman asked the opposition to support the agreement. How could B.C. Liberal and NDP MPs vote against it?

The majority of the industry in B.C. supports the agreement. How could B.C. MPs not support this agreement?

The Liberals were negotiating a bad deal for Canada, especially for British Columbia. They were ready to sign a deal and only backed off so that they could run an anti-American election campaign, a campaign that did not work.

Moreover, the agreement directly responds to specific issues and concerns raised by industry and provinces. For instance, it recognizes provincial market based reforms and preserves provincial authority to manage their forest resources as they see fit.

It contains an anti-circumvention clause, a clause intended to prevent either government from taking action to circumvent or offset commitments made in the agreement. For example, grants or other benefits to producers or exporters of softwood lumber products are not allowed because they would offset border measures. But a number of measures are explicitly cited as not constituting circumvention.

For example, provincial timber pricing or forest management systems as they existed as of July 1, 2006, including any modifications or updates that maintain or improve the extent to which stumpage charges reflect market conditions, including pricing and costs are excluded.

Fluctuations in stumpage charges that result from such modifications or updates resulting from changes in market conditions or other factors that affect the value of the province's timber, such as transportation costs, exchange rates and timber quality and natural harvesting conditions do not constitute circumvention.

Actions or programs for the purpose of forest or environmental management, protection or conservation, including actions or programs to reduce wildfire risk, protect watersheds, protect, restore and enhance forest ecosystems do not constitute circumvention.

Payments or other compensation to first nations for the purposes of addressing or settling claims also are not subject to circumvention.

Note that with respect to British Columbia, the market pricing system will be considered a provincial timber or forest management system that existed as of July 1, 2006. The protection of the management system in B.C. has always been B.C.'s most important issue. At the insistence of Canada, these protections were included in the agreement.

I am happy to say that the agreement enjoys the support not only of our two national governments but also the clear majority of lumber companies and lumber producing provinces. In short, it will put an end to this long-standing dispute and begin building a brighter future for Canada's lumber industry and the 300 mill communities and 300,000 forestry workers and their families who rely on it.

The next step belongs to parliamentarians. I encourage them all to support it. As parliamentarians consider the merits of this bill, I would also ask that they consider the alternative to this agreement. It would not be a bright future. They have been there before. They have seen the toll, both human and financial, that this dispute has taken and we need to bring an end to this.

After careful consideration of the facts, I am confident that parliamentarians will come to the same conclusion that the provinces and industry have, that this agreement is the best option for Canada. I ask all members of the House to support this bill.

Softwood Lumber Products Export Charge Act, 2006Government Orders

September 25th, 2006 / 5:50 p.m.
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Liberal

Stephen Owen Liberal Vancouver Quadra, BC

Mr. Speaker, it is a privilege to stand today to address this issue.

Bill C-24 is, obviously, of immense importance to the people of British Columbia, a province that supports about half of the logging industry in the country. It is also of great importance to all of us.

We have heard variations from across the country of the impact in different regions and certainly in British Columbia itself there is a variety of impact on different aspects of the forest industry.

Value added manufacturers have a different interest than interior logging and mill operations. Coastal logging operations have a different interest than the interior ones. We have valuable coastal cedar being logged and being unfairly coupled with other types of timber being sent to the Untied States and it should have had a varied approach.

We have also heard the member for Cumberland—Colchester—Musquodoboit Valley talk about the private land logging in the Atlantic provinces which were never caught by the subsidies here.

We have companies in northern Ontario and Quebec that are hurting desperately. To answer the question of the Bloc Québécois as to why they would support it, I fear the softwood lumber companies are facing a situation where they simply cannot afford not to take back only 80% of what they have paid under illegal dumping and countervail charges and neither can their communities and the workers.

In the other cases, we have interior forest companies in British Columbia that are highly efficient, have rationalized, are some of the most efficient mills in the world and have been making profits, notwithstanding the illegal countervail and dumping penalties, and they of course cannot afford to take only 80% back.

We have a range across the country and it is incumbent upon the Government of Canada to ensure that it embraces all those interests, which, obviously, is a complicated thing to do.

Let us look at what has happened in softwood lumber over the years. The Minister of International Trade and I have seen various aspects of this over the last 20 years. We have watched the trade in softwood lumber with the United States and various disputes that have come about over it.

We hear often from the government that it has never been managed trade in softwood lumber with the United States. That was certainly true before the free trade agreement but after the free trade agreement it was supposed to be free trade, not managed trade, and yet in various iterations and agreements where governments have given in to the pressure from the American industry, we have had quotas and we have had export duties. Now we have quotas and export duties. I fail to see how that can be a victory in terms of the softwood lumber industry.

Let us say clearly and out front that this is not about subsidies for the Canadian industry. I hope we all know that. The World Trade Organization and NAFTA panels have said it over and over that it is not about subsidies to Canadian softwood. It is about protectionism in the United States. That is what it is, that is what it will always be and I think we had better call it as it is, put it right in front of us and remember that as we see what happens going forward in the future.

We have pressures from the United States that simply will not let up. My great fear is that with all the immediate, perhaps, benefits to some aspects of the industry, some communities and their workers, that this agreement might provide in the short term, this does not provide the stability that is being suggested.

Let us think about where we were a year ago. Yes, the former Liberal government had pursued this for over four years on a number of tracks. Litigation was certainly one of them and, my goodness, it was certainly expensive and continued to be expensive. However, going through the WTO panels and the NAFTA panels where we were in the minority against the Americans, where they had two members and we had one, we continually kept winning and we have finally came close to the end. After four to five years of expensive litigation, we have come before the U.S. court of international trade, which is an American domestic court.

The one thing the American administration, quite apart from Congress and the individual sectoral lumber industry in the U.S., has always said is that at the end of the day it will change its rules because it does not want to be subject to super national arbitrations or decision making dispute resolution systems.

We got through those and then into the U.S. courts and won at one level. Yes, that could be appealed, but it was getting so close.

Yes, it is fine to talk about and it is important to appreciate the cost of continuing litigation, but it is extremely important not to throw away all of the work that has been done by litigation with the agreement of lumber councils across the country, the softwood industry, individually and collectively, the producing provinces and the federal government. We went forward and finally got to the point where it could be won and it is being thrown away. Let us not forget what we are throwing away when we measure the value of the so-called stability of this agreement.

We fool ourselves if we think we can sit here and rely on the United States in all its complexity, whether it is the administration, the Congress or sectors of their industry, when it has shown in this case its persistence in flouting the rule of law and going forward with arguments that are not being accepted by the various courts and panels.

Will we get stability with this? We know it may go for seven years, it may go for nine years or it may go for three years. I would not put a lot of trust at this stage in the system. However much the administration may intend at this time to see it go for many years and provide stability, it is not entirely in control of this issue. I think the evidence of the past suggests exactly the opposite, that we should not count on stability into the future. The fact is there will be no stability without the rule of law, which is what we are talking about here. Can we depend on agreements, on international trade obligations, on rulings of dispute resolution panels and, eventually, which we were close to, U.S. domestic courts themselves?

Yes, litigation is expensive, but to throw it away now in the name of perhaps a false stability when we are so close to a good outcome in the American courts is a great risk.

We then look at the Byrd amendment. We keep hearing from the government, depending on how it wants to scale and emphasize the amounts, whether it is U.S. dollars or Canadians dollars, that we are giving back over $1 billion American to the United States, to be used by both the the administration and Congress for projects that may be of assistance in their re-election campaigns at various times and to help various sectors of different industries in different parts of the country. Half of that $1 billion will also go to the industry itself which has been using every opportunity to encourage its government and its Congress to flout the law and avoid its responsibilities. How can we put trust in that?

The reason only half of the money will be going to the industry is because the Byrd amendment, which would otherwise allow all of it to go to the industry, over $1 billion American, was found to be against the WTO rules. Now we find, even after this agreement was signed with Canada, the American administration is appealing that WTO ruling. How can we put trust in stability in the future and in the good faith of this agreement when no sooner have we signed it than there is an attempt to get double the amount to go to the softwood industry in the U.S. to be used against Canadian industry and Canadian interest? That is not much of a deal.

We heard the member for Edmonton—Leduc say, quite appropriately, that the softwood industry, as important as it is, and it is immensely important to the province of British Columbia, is only 3% of our trade with the United States. He asked why we would worry that we do not have perfect free trade in this area when it represents such a small percentage of our overall trade with the United States.

I will tell members why we should worry. We should worry because it is a bad precedent. Ninety-seven per cent of our trade with the U.S. could be exposed to the tactics that have proven successful through the government's agreement in the softwood lumber industry. What kind of a precedent do we want to set? What kind of a risk do we want to take with this type of agreement? I suggest it is a short-sighted agreement and it does not bring stability. There is nothing in this agreement that should convince us, from past behaviour, that this will provide stability into the future.

We are not just leaving $1.4 billion or $1.5 billion in the United States as the member for Edmonton--Leduc has mentioned, which may ultimately all go to a competing industry there. We have not talked about the other $1.4 billion that was presented by the former Liberal government a year ago to go toward a number of initiatives to assist the industry in this country, the communities, and the workers. This must be added to the other $1.4 billion. Now we are getting into really large sums.

Those adjustment projects were meant to go to a whole range of things. We have heard of loan guarantees, litigation support and coordination for further negotiation. We have heard of taking the argument directly to the American consumers, one of the parties, in addition to Canadians, who are being hurt over all these years by this illegal U.S. action against Canada. The homebuilding industry and the homebuyers with aspirations to afford a home are being hurt by this U.S. action.

Where has Canada been putting its initiatives in supporting communities, workers and the industry? I will just focus on something that has not been talked about a lot and that is some of the community economic adjustment initiatives of the former government that actually bore fruit, helped stabilize communities, helped get people back to work and helped to provide some strength and support to the individual firms that were threatened.

Let us take the British Columbia part of that softwood adjustment initiative as an example because it is the province I come from. Over the last three years in the last government, $50 million went through community economic adjustment to hard hit resource communities around British Columbia. It went to diversify the economy in those communities in a number of stabilizing, helpful and growth stimulating ways.

When we look at diversification, an industry, which is a commodity industry, or part of it is, that is boom or bust vulnerable given the fluctuations in international commodity prices, that makes us extremely vulnerable. We need to add value. We need to diversify the product by adding value to widen the profit margin so that if there is a fluctuation in commodity prices we can withstand those fluctuations within broader profit margins.

In British Columbia, 145 programs were funded by the federal government in the amount of $50 million. A further $95 million was leveraged which went into 140 communities. One of the important objectives of that was the diversification by adding value added industries and providing support for them. Otherwise, we look for diversification in resource dependent communities to diversify markets. That is where a lot of this investment went and it is where part of the $1.4 billion that had been planned by the previous government would have gone.

I know that 11 ministers in the last Liberal government visited China. Of interest to all of us when we were there was how to diversify our markets away from a dependence on the United States into that huge China market. Forest products, home building and forest product-related sales and markets were a major focus of our initiatives, and those can never be forgotten.

The third part of diversification that we have to look to as an industrial strategy to move ahead and ensure that our resource-dependent communities are not subject to boom and bust or to illegal trade action by countries such as the United States, our biggest trading partner and therefore the one that can have the greatest negative impact on us, is to diversify into other sectors of the economy.

These adjustment funds, highly leveraged through private investment, also went into tourism, into economic infrastructure of various types and into the value added part of the forest products industry. About 30% of the projects, 140 or 145 projects, that were supported went to first nations to help them in their economic adjustment and over dependence on commodity-based forest products.

This is the way we need to go forward, along with litigation and negotiation and along with considering loan guarantees or whatever might be put forward. It shows an understanding of the economy, the vulnerability in our communities and the need to take a broader approach.

I am extremely concerned that we have traded away an agreement in which there is no guarantee whatsoever that there will be stability going long into the future. If the behaviour of the past is any guide, it should suggest to us the opposite.

We have a quota. We have duties. These export duties, and let us not shy away from it, are nothing more than an additional tax, and that is a tax that is going to be on our industry. Where will that money go? We have not heard about that. We can be sure that it cannot go back into the forest products industry or we will have a cancellation of this agreement with countervail action by the United States as fast as we can blink an eye.

Canadian business is being taxed this extra amount. As we have heard a number of people say, if we think through this situation, before the ink is even dry, before the ink was even applied on the agreement, the export duty, for which our industry is vulnerable, already exceeds what the illegal countervailing and dumping duties were. This really goes beyond imagination. It may give some short term relief, and any relief is good, but this is not something that we should not count on or cheer about.

I am very curious that, with the much vaunted new relationship of the new government with the George Bush administration, all we get out of that tremendous new arrangement and relationship is a bad deal. If this is all we can extract from that new relationship, then I am not sure it is particularly helpful to Canadians, and that will be seen in the end.

There is another aspect to this that is somewhat troubling, and I think it should be, to all of us. I do not for the moment suggest that the Minister of International Trade or the government has intended this, but there is an aspect of bullying that has been going on, which sits there underneath the surface in a very troubling way. It is about taking advantage of an industry that is on its knees and the communities and workers who are dependent upon that industry.

It is an uncomfortable feeling that we have to be very cautious of as we try to craft trade and industrial policy in the country, which is so diverse. We do not want to extract, through undue or unfair pressure, from vulnerable areas of our country or aspects of our industry anything that is not in the long term best interests of the industry, its workers or the communities.

Softwood Lumber Products Export Charge Act, 2006Government Orders

September 25th, 2006 / 5:40 p.m.
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Liberal

Paul Szabo Liberal Mississauga South, ON

Mr. Speaker, I have heard this speech several times today. I guess they are just passing it around.

I think a basic point is worth repeating. Many members have argued that the current industry requires some relief, that some are facing financial duress. The fact remains that the deal under Bill C-24 creates an export tax that at current price levels is actually higher than the current U.S. duties.

It also means that there is an awful lot of money that has been left on the table, over a billion dollars. Half of that is going to the U.S. softwood lumber industry. We will likely have some future difficulties with regard to other matters as they arise in this matter.

The member knows that the trade panels, NAFTA and the WTO, both concur that our industry was not subsidized. Both trade panels, NAFTA and the WTO, said that our industry was not subsidized. Now we have a problem where potentially this is an abandonment of the dispute resolution mechanism. It puts it in jeopardy for not only the softwood industry but for other industries where there are trade issues.

How does the member square taking a bad deal for a little money today at the risk of costing substantially more to not only the softwood industry but other industries down the road?

Softwood Lumber Products Export Charge Act, 2006Government Orders

September 25th, 2006 / 5:35 p.m.
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Conservative

James Rajotte Conservative Edmonton—Leduc, AB

Mr. Speaker, it is my pleasure today to rise to speak to Bill C-24, which outlines the government's resolution of the longstanding softwood lumber dispute.

It was interesting to listen to the member who spoke previously. He says it is a dispute that he has been following since he was elected in 1988. I have not been here for quite as long as the previous member or as long as the Speaker himself, but this has certainly been a dispute that has attracted the attention of Parliament and the country since I was elected in the year 2000.

It certainly affected our trade. It was the biggest trade irritant between us and our greatest trade partner south of us, the United States. It was certainly impeding what I would consider a very successful trade agreement, NAFTA. It was certainly having an impact on that.

It is perhaps helpful to remind ourselves just how successful that agreement has been in the sense that I believe softwood lumber consists of about 3% of the trade between Canada and the United States, while 95% of the trade between the two countries goes through irritant free. That shows exactly why it was so important to address the softwood lumber issue. That 3% in fact was very much affecting other trade areas.

I want to compliment the Minister of International Trade for tackling this head-on. I know he certainly did as much as he could in the former government, but certainly since this Parliament started he has been very active on this file.

I think it is important for us to remember exactly what we were facing as a government and as a country. We were facing two choices. The first choice was to continue the route of litigation, to continue to try to win disputes through NAFTA and the World Trade Organization to force the United States to recognize that we were not subsidizing our lumber industry, our forestry products industry, and to try to force the Americans to reduce the countervailing duties and repay the upwards of $5 billion they had collected to that point. That was the choice. The choice was more litigation.

Looking at that, I think we have to be honest with ourselves. The fact was that this was not a resolution. The fact was that we would be spending more in legal fees to go down that route. The fact was that we would probably be discussing some form of loan guarantee program and putting taxpayers' money at risk in order to support our industry.

The fact is that there was no real end in sight, because if we won another NAFTA dispute, another resolution, the United States could simply change its own legislation, start another series in litigation along this route and we would be no closer to a settlement than we were two, three or 20 years ago. So we had a choice. We had a choice between more litigation or this resolution.

In fact, I know that a lot of members of the House have been very critical of this agreement, but I will say quite honestly that this agreement is better than I thought we as a government could get in the first place. I thought the Americans would never sign an agreement of this type. In fact, I want to review some things that are in the agreement and some of the benefits that accrue to Canada.

The agreement eliminates the punitive U.S. duties and returns more than $4.4 billion to producers to provide stability for the industry. It spells an end to the long-running dispute. It obviously addresses the massive trade irritant between ourselves and the United States. U.S. countervailing and anti-dumping duty orders will be fully and completely revoked. The absence of U.S. trade remedy action under the agreement will offer a period of stability for the industry, which will allow Canadian companies to make the investments necessary to ensure that their competitiveness goes forward.

There is also an issue that some members are raising now in portraying what kind of export tax would have to be paid if certain provinces go over a prescribed limit. In fact, as members know, there are two choices. Option A is the export tax if our exports rise above a certain level, but there is also option B, which is the quota and a small tax. What this does is keep these moneys in Canada, in the provinces, thereby allowing the provinces to not only direct their own forestry practices but obviously address situations that may arise.

One of those situations is in my own province of Alberta. Members will know, and certainly members from British Columbia will know, of the seriousness of the pine beetle devastation in that area of the country. Two summers ago, I had the opportunity to survey from a helicopter how much had actually been affected by the pine beetle. It was incredible. One had to see it to believe it.

The concern from the Alberta industries is that the pine beetle will make its way into Alberta very shortly. It would cause some of the producers to want to harvest more quickly, as they did in British Columbia, and therefore the amount of exports would go up.

The agreement allows the Canadian government and the provincial government of Alberta to deal with that situation by having the resources come back to the province and then the province can deal with that situation. Rather than have the United States collect those duties, it allows the provinces to deal with it in a much better way. There is an option between litigating it with possibly no resolution, probably no resolution in sight. In my view, this is the best possible agreement that could have been negotiated.

As I mentioned, it makes a $4.4 billion immediate cash infusion into our communities across the country. It is one thing to talk to the industry itself, and the Minister of International Trade has identified that over 90% of the industry supports this agreement, but let us talk to the communities that are most affected.

Hon. members should talk to the people in those communities, mainly in the rural regions of our country. We should ask them if they want a situation where they will be paying duties, there is no resolution, and they do not know whether they will have a job in a year or two because this situation could carry on, or do they want to have the situation resolved? Do they want to have some stability? The companies in various provinces would then know what kind of situation they are dealing with and have some cash infusion to make their company more competitive.

It is incumbent upon members who are critical of this agreement to put on the table exactly what they are criticizing, to say what specific measures they would want to see in place that the agreement does not address. They should be realistic in the sense that there are two sides to a trade dispute, two sides that have to come to the table and two sides that have to come to an agreement.

In my view, the agreement is the best possible agreement that Canada could have signed. As I mentioned before, it is a better agreement than I thought we would have been able to get. I would like to encourage all members of the House to support the agreement. The Bloc Québécois is supporting it.

I am very surprised that the Atlantic Canadian members of the Liberal Party are not supporting the agreement. It is a very good agreement for Atlantic Canada. Responding to a previous question, a very good question from the NDP to my colleague from Atlantic Canada, I would agree with him. As a westerner, as someone from Alberta, I would say Atlantic Canada, by its forestry practices, deserves this exemption. I, as a Canadian from western Canada, support that.

I want to finish up by saying that I did have the opportunity, and companies across this country have been very open to all parliamentarians, to see firsthand what the industries do and what their workers do. I have seen all aspects of the forestry industry in this country and have been amazingly impressed.

We hear the expression “hewers of wood and drawers of water”. If anyone has been to a softwood lumber facility, and they should go to the one near Prince George, they would see the computer system that measures every single log and the IT system that follows that. If they went to the mill just outside Calgary in Palliser, they would see the way that all the employees, aside from just working in the plant, are also upgrading their skills, learning how to move up the system, and taking logs that other companies may not utilize and turning them into a wood product that they can then export. It is a fantastic industry and one that all Canadians should be very proud of, but it deserves some stability. It obviously deserves our government's support.

We have signed, in my view, the best agreement possible. It is obviously supported by the large lumber producing provinces and it should be supported by all members of Parliament. I encourage all members of Parliament to take a serious look at the agreement, to support it, and to support our lumber industry across this country, but most important, to support the families in the communities who really need a resolution to this issue.

Softwood Lumber Products Export Charge Act, 2006Government Orders

September 25th, 2006 / 5:10 p.m.
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Bloc

Pierre Paquette Bloc Joliette, QC

Mr. Speaker, I thank the hon. member for his question, because it gives me an opportunity to bring up something I forgot to mention in my presentation.

Our position is based on the reality in Quebec, on what the industry, the unions, the municipalities and communities have told us. The situation is not the same all across Canada. The softwood lumber crisis, the forest industry crisis, is much more serious in Quebec than elsewhere.

In part, this is because stumpage fees are much higher. Quebec's stumpage fees are the highest in North America. For example, stumpage fees are approximately $3 per cubic metre for birch and $5 or $6 per cubic metre for poplar. When we compare these fees to those in British Columbia, which are currently 50¢ per cubic metre, obviously it is hard to be competitive.

This is a unique situation. The pine beetle is attacking forests in British Columbia and Alberta, and wood has to be cut to avoid infestation. In Quebec at present, we have a series of regulations that were put in place properly but have resulted in higher stumpage fees. At the same time, we have all the problems I referred to earlier: a strong Canadian dollar, substantially higher energy costs and reduced cutting volume, which means that even companies have lumber supply problems.

The federal government has to step up to the plate so that we can weather this crisis, strengthen the industry in Quebec and turn it into a viable industry with a future. For the time being, we are getting by. Adopting Bill C-24 will breathe new life into the industry. But we need something more, otherwise the plant closures and layoffs will start again in a few months. The pressure on this government will be unbearable.

Softwood Lumber Products Export Charge Act, 2006Government Orders

September 25th, 2006 / 4:50 p.m.
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Bloc

Pierre Paquette Bloc Joliette, QC

Mr. Speaker, I feel very bitter as I rise to participate in this debate.

Everything we see today, the whole mess, is the fault of the Liberals and Conservatives. Things could have turned out very differently if Canada—as it behaves at the WTO and in all the international trade forums—had not acted like a peewee, if not an atom, in the negotiations, starting with theMinister of Industry and his far-fetched statements last spring that opened the way to this cut-rate agreement.

I rise as well to be very responsible. When the agreement with the Americans was signed, we went around to the industries, unions and communities in Quebec. They told us, contrary to what the parliamentary secretary claimed, that the agreement was not perfect and needed to be clarified, but they were exhausted. They said that the Conservative government had smothered them and they were on the verge of bankruptcy. They asked us, therefore, to vote in favour of the bill based on this agreement but to go on saying that the agreement was cut-rate and far from the original objective. That objective, back in 2001, was for free trade in the softwood lumber industry.

This responsible approach led us to go and listen to what the industry, the unions and the communities had to say. This approach also means that the Bloc Québécois will vote in favour of Bill C-24.

I rise today not only to be responsible but also to be constructive. Everyone said throughout Quebec that this agreement was not enough to resolve the structural crisis that the forest industry is going through, especially in Quebec. It is probably the same everywhere in Canada, and the parliamentary secretary must have heard about it. We will need much stronger action to help the softwood lumber industry and our workers to survive this crisis.

If the Conservative government just sits on this bad agreement, thinking that people will forget the rest, it is sadly mistaken. I reach out to the Conservatives so that they proceed with the post-agreement phase and institute a real plan in support of the forest industry. It is true of Quebec, and I am sure it is true of Ontario, Alberta and British Columbia. If the Conservatives are happy just to pass Bill C-24 and think that that solves the problem, they will pay a heavy price in the next elections, which, I can assure the House, will not be long in coming. Our responsible, constructive approach should not lead the House to forget that we have not achieved the objectives that Parliament set for itself in 2001.

I myself introduced a motion, which passed unanimously, asking the Canadian government to do all it could to ensure that the softwood lumber industry was finally included in free trade. Unfortunately, as I said, the attitude, policies, approaches and directions of the previous government and the one that followed have led to this dead end. The industry needs a little oxygen.

Remember that Guy Chevrette said the industry needs some breathing room. He also said that if there were loan guarantees, he would refer the issue to his association for a vote, and that he thought people would be ready to fight to the end. The Conservative and Liberal governments refused to help the industry. They forced it to its knees and then suggested it accept the agreement, without which it would surely face ruin.

We refuse to let it be ruined. Saving it from ruin means more than just adopting Bill C-24; it also means instituting a whole series of measures to help the industry survive the structural crisis that, in Quebec, resulted from the Coulombe report, as the parliamentary secretary should know. Cut volumes will gradually be reduced by 20%. Energy costs have risen, the dollar has reached great heights, and there are a number of other problems Quebec alone faces. I will come back to this later.

I would like to review the order of events briefly. On March 31, 2001, the previous agreement fell. It, too, was a trade agreement administered with the United States. At the time, companies belonging to the American protectionist coalition submitted a petition. The Department of Commerce responded by imposing a 28% duty.

What was the Liberal government's strategy? That is the root of the problem. That government adopted a two-pronged strategy: negotiation with the Americans and legal proceedings.

Once the Canadian government sat down at the negotiation table, the Americans—both the American authorities and the protectionist coalition—expected to reach an agreement like the one before us now, which led to Bill C-24. The responsible thing to do would have been for the minister in charge at the time, Mr. Pettigrew, to say that we intended to pursue all legal avenues to resolve the issue once and for all. Indeed, sooner or later, we will have to find out who is in the right: the Americans, or Canadians and Quebeckers.

As you know, all of the courts, both the WTO and NAFTA, ruled in our favour. Our lumber is not subsidized and is not harming American producers. As such, the duties are illegal. However, we did not pursue this course to its end.

And a few months later, as I mentioned, the industry itself asked us to vote in favour of Bill C-24. Why? Because the Liberals not only pursued both paths, which sent a bad message to American authorities and the American industry, suggesting that we were going to bend sooner or later, but the government also refused to implement an aid program for the industry, although the Bloc Québécois has been requesting this since May 2002. I proposed this plan along with my colleague, the hon. member for Montmagny—L'Islet—Kamouraska—Rivière-du-Loup. I would remind the House that if we had achieved those elements, our situation would be different today. But, no, the Liberal government refused, just like the Conservative government.

First, to allow businesses to avoid bankruptcy, we demanded an aid program with loan guarantees on the basis that illegal duties levied by the Americans constituted accounts receivable. We were told that that was impossible, that international trade legislation did not allow for loan guarantees. Two weeks before the election, the Liberals, sensing they were in hot water, agreed to offer $800 million in loan guarantees for the next five years.

Even worse than that, in the agreement and in the legislation, the federal government is going to operate precisely through loan guarantees. It will buy back the illegal duties levied by the Americans because they are accounts receivable. We could have been doing this since 2002.

Second, we also asked for a relaxation of employment insurance requirements. We are still asking for this and still have not obtained it, not from the Liberal nor the Conservative government. Third, we also asked for support for processing activities in order to offer more job opportunities in Quebec forestry. We never obtained that support. True, the Liberals established a program to diversify economic activity in those areas suffering from the softwood crisis. However, not one business affected by this crisis received a single cent in aid from the government, apart from $20 million for legal fees, if memory serves. This was, moreover, the fourth point in our action plan, namely, that Ottawa would pay the legal fees of any businesses that fell victim to American legal aggression. At that time, legal fees totaled $350 million. As we know, that figure is now much higher.

So if this plan had been put in place, on the basis of our legal victories—we were not far from the end—we could have got through the legal proceedings. When all options had been explored, there would have been a legal victory. It is clear that a legal victory, and the Minister of Industry said so to us—and he is right on this—does not guarantee that the Americans were going to act on these legal victories. Still, they would have put us in a much better negotiating situation than what happened to us when, in early April or late March, theMinister of Industry went and said that, actually, we did not expect to receive all the duties collected illegally by the Americans. What a great message! That creates some negotiating power!

I have been a negotiator for a long time. When we say to our opponent, to the party across the table, that we know that ultimately we will not get everything we are asking for, even though it is our own money, there is a problem. Obviously, the Americans leapt at the agreement and, oddly, a few weeks later, on April 27, we had an agreement that was slightly improved—it must be admitted—on July 1, and that led us to Bill C-24.

As I said, if the Conservatives had continued on the path I have indicated, that is, right to the bottom of the legal issue, with an assistance plan for the industry, we might have been talking about a few months. We would have been able now to have negotiations with the Americans that would have enabled us eventually to go back to free trade. Unfortunately the agreement may be terminated in three, seven or nine years. We do not know. Let us hope that it will last as long as possible. I am not one of those who wish the worst for our industry, on the contrary. I want what is best so that we can have stable and flourishing communities, businesses and jobs.

As I mentioned, when it ends in three, seven or nine years, we will have to do it all over again. Do you think that the American coalition will stand around idly with this $500 million we have just given it? No, certainly not, it is going to start building its case. We can be sure that in maybe three, seven or nine years a fifth dispute concerning lumber will start again.

What are we going to do then? Is it better to give in immediately and say that we Canadians—not Quebeckers—are prepared to accept everything the American coalition wants, because we are not prepared to fight to the finish?

We have some lessons to learn from this episode, and the first one is never to open negotiations before exploring all the legal options. But the only way to explore all the legal options in this issue is to provide solid support for our lumber industry.

Unfortunately, in three, seven or nine years, I will no longer be here since Quebec will be a sovereign country. However, I want to leave Canada's parliamentarians with a constructive lesson that I am taking from this softwood lumber saga; during negotiations, never extend the hand of friendship to the American authorities and softwood lumber industry until the legal process is over. From day one there has to be an assistance plan with teeth, as the member for Montmagny—L'Islet—Kamouraska—Rivière-du-Loup and I suggested in 2002.

I was saying that we had a responsible attitude in this case, that we toured the regions and the industries. The leader of the Bloc Québécois and I phoned big businesses, talked with people from the associations, presidents of the major unions, and representatives of the municipalities affected by this crisis. As I was saying, no one spoke publicly to encourage the Bloc Québécois to vote against the bill resulting from the agreement—the future legislation—or to say they were out of money, out of breath and in the process of suffocating.

Although the agreement is far from perfect, it is in this context that the Bloc Québécois will vote in favour of Bill C-24. As I said, the crisis is huge. In Quebec there have been 7,000 layoffs since 2005. In my riding, there were 400 layoffs just a few weeks ago. Louisiana-Pacific closed its sawmill and waferboard plant. In my opinion, there is not one region in Quebec where this industry operates that is not suffering right now or worrying. The Louisiana-Pacific closure is indefinite. Let us hope it reopens as soon as possible. But for that to happen there needs to be an assistance plan.

The FTQ and the CSN have issued press releases. We know that Mr. Chevrette also issued a press release immediately after the Bloc Québécois decision to support the bill resulting from the agreement, saying that the Bloc met the industry's expectations.

Nonetheless, I will read some excerpts from the FTQ and CSN press releases to show to what extent the Bloc Québécois is in tune with the stakeholders in Quebec, by taking concrete action on the ground. If the Conservatives want to do the same, they will need to use more than words. They need to take action. I will close later with what we propose they do to get through this structural crisis.

I will read the FTQ press release:

The Fédération des travailleurs et travailleuses du Québec (FTQ) salutes the Bloc Québécois decision, announced yesterday, to support the softwood lumber agreement.

Given the catastrophic situation of the forestry industry, the FTQ believes that this agreement, although far from perfect, represents the only possible outcome that will save the industry. “This agreement will now force the Conservatives to take concrete action to help the industry survive the major crisis that it has been living through for several years,” stated Henri Massé.

For many years, the FTQ has been calling for concrete measures to help the forestry industry and workers, as well as an assistance program for older workers.

“It is vital that the government listen carefully to the Bloc Québécois demands regarding assistance for the industry and for the workers,” Henri Massé pointed out.

This is the FTQ press release. As we can see, that is not the end of the matter. Once Bill C-24 is passed, I hope that the Conservatives will not sit on their laurels. There is work to be done and we will suggest avenues to be pursued.

I would now like to quote from the Confédération des syndicats nationaux press release:

The CSN gives its support to the demands of the Bloc Québécois, announced yesterday, which seek to support the workers, companies and communities that have been hit hard by the softwood lumber dispute.

The CSN press release goes on:

Referring to the dramatic situation many communities in Quebec are in because of massive job losses in recent months, CSN president Claudette Charbonneau said that the federal government must act quickly to put in place a structured assistance plan. “Older workers and companies in difficulty must have financial support. The hemorrhaging has to stop”, she said.

The release continues:

The CSN stated that the softwood lumber deal is far from perfect.

So two out of two. That seems fairly clear. The release goes on:

However, it is unrealistic to hope to re-open the agreement with a view to improving it in time to help workers.

A quote from the CSN president follows:

The federal government, which negotiated this bad deal, has a responsibility to make up for these deficiencies using effective support measures that will give new life to an industry that is on its last legs. The survival of whole communities in many parts of Quebec is at stake.

The CSN adds:

The federal government should have taken steps long ago to help the workers and companies. Now, it has a golden opportunity to demonstrate its good faith.

As hon. members can see, support for the deal is far more qualified than the Conservatives let on. As well, I have a hard time understanding how the Liberals from Quebec can oppose Bill C-24, which has arisen out of the agreement, just when the players themselves, while stating as we have that the deal is not perfect, are acknowledging that it exists and was negotiated with the Americans.

Given the series of mistakes that have been made since 2001 by the Liberal and Conservative governments, it is hard to go back. Back to the Future is a movie; it is not reality. We have to recognize this.

I will conclude by talking about the support measures that we have proposed to the Conservative government and that are mentioned in the CSN and FTQ press releases: first, an income support program for older workers.

We discussed it during question period. We want a program like the one that was abolished by the Liberals in 1998: a plan for workers 55 years of age or more all over Quebec in sectors hit by mass layoffs. We will not agree to an income support program for older workers aimed at a particular sector or region to the exclusion of others. There is a group of workers who need help making the transition from their lost job to their pension. We need this program back, which as I said, used to exist until 1998.

Insofar as communities as concerned, we suggest real economic diversification programs for communities dependent on forestry. I will mention them. The Liberals established one, but it did not help the industry, it just helped communities. We need not only that program back now but also programs for businesses. For businesses, we want the $4.4 billion in countervailing and antidumping duties that will be paid back by the American authorities to be subject to a tax treatment that will take into account the damages suffered by these companies.

Indeed the dollars in which the companies paid these duties three or four years ago are not worth the same nowadays. Companies will therefore be paid back in Canadian dollars that are worth much more. They will therefore get less back in Canadian dollars than they paid three or four years ago. The government should take this into account. According to the companies’ assessments, they will lose between $400 and $500 million because of the changes in the exchange rate.

Since the tax formula that the government is going to adopt takes changes in interest rates into account, we expect that changes in the exchange rate will also be taken into account. We have a request from the Canadian Manufacturers and Exporters that could be applied to the forest industry on an experimental basis, namely accelerated depreciation on machinery. Obviously, if the depreciation can be deducted faster, the taxes on earned income are reduced.

We also recommend setting up a program to stimulate innovation in the forest industry and improve its productivity, programs to diversify lumber markets, and financial compensation for maintaining the road network. Our last suggestion relates to the tax credit for research and development. In the case of the forest industry, this is not worth much because the industry does not pay much tax—in fact, it does not pay any. I have been told that several companies have accumulated enough tax credits for the next 10 or 20 years. We therefore ask that this tax credit be refundable—on a trial basis, no doubt—to the forest industry.

For example, Tembec invests $80 million a year in research and development, but cannot benefit from tax credits for these expenses. Refunding the tax credit could stimulate research and development in a sector that really needs it.

I would like to end by saying that the Canada-U.S. agreement provides for a bilateral committee to administer it. The industry has identified a number of problems. We hope the bilateral committee will be able to correct these problems. I would like to see the creation of a sub-committee of Canadian, Quebec and American elected officials to work alongside the bilateral committee.

In conclusion, one of the problems we are facing is complete insensitivity on the part of American elected officials to the realities of the forest industry in Canada and Quebec. They are under the thumb—let us be frank—of an industry lobby that buys elections and probably even buys some elected officials. It might be time to correct this situation by having more frequent and regular contact with them.

Softwood Lumber Products Export Charge Act, 2006Government Orders

September 25th, 2006 / 4:20 p.m.
See context

Conservative

Dick Harris Conservative Cariboo—Prince George, BC

Mr. Speaker, I am pleased to stand today as the member of Parliament representing the largest softwood producing riding in all of Canada, the great riding of Cariboo—Prince George which includes Vanderhoof, Prince George, Quesnel, Williams Lake, Likely and Horsefly.

The area is good, strong, traditional softwood lumber country that quite possibly could supply, if permitted, the majority of the softwood lumber sales to the United States, our biggest customer, and it has a huge interest in the outcome of this legislation. I am pleased to say that a vast majority of the lumber producers in British Columbia, including virtually all of them in my riding of Cariboo—Prince George, the communities in my riding, the province and all those others who have a vested interest in a good, secure future with certainty and predictability in the softwood lumber industry support this deal.

I am pleased to stand in support of my riding and the producers. I should mention that I will be sharing my time with the great member of Parliament for Mégantic—L'Érable who is the Parliamentary Secretary to the Minister of Natural Resources. He will be able to share some reasons from the other part of the country, namely Quebec, eastern Ontario, the Maritimes and Atlantic Canada, as to why this deal should be supported by Liberal members from that area and also NDP members. In defiance of the spin doctors, they should support it because it is a good deal.

I am pleased to support Bill C-24 because this softwood lumber agreement is good for Canada. It is good for my riding and for ridings in northern Ontario, as evidenced by the member of Parliament for Thunder Bay—Superior North who had the courage to stand up and represent the mills and forest workers in his riding while his counterpart up there fromThunder Bay—Rainy River apparently does not have the courage to represent the mills and forest workers and does not have the courage to support certainty in the softwood lumber industry.

As the Minister of International Trade indicated, the softwood lumber deal is good for industry, good for lumber communities and good for Canada. I am proud and pleased to be able to concur with that. It does eliminate U.S. duties. It ends costly litigation and it takes our lumber producers out of the courts, out of the large legal fees and provides stability and certainty for the industry. It returns more than $5 billion to our producers.

It is a practical and flexible agreement that ends the dispute on terms that are highly favourable to Canada and will put Canada and the U.S. back on track for making North America more competitive for the future. I am pleased to note that the agreement has won a wide base of support from both the industry and the provinces.

There are a number of good reasons for the support. Perhaps one of the most significant reasons is that the agreement respects the diversity of Canada's softwood lumber industry. The lumber industry across Canada is varied and different regions have unique challenges and opportunities.

Today I would like to highlight some of regional benefits of the agreement and explain how the agreement responds to a wide variety of needs across the country. Let us talk first about the provincial flexibility and benefits.

First of all, this agreement gives provinces flexibility in choosing the border measure that best suits their particular economic needs.

Exporters will pay an import charge when lumber prices are at or below $355 U.S. per thousand board feet. When prices reach this threshold, Canadian regions, as defined in the agreement--the B.C. coast, the B.C. interior, Alberta, Saskatchewan, Manitoba, Ontario and Quebec--can select one of the following two export charge regimes.

Option A, as was spoken about previously by my colleagues, is an export charge with the charge varying with price. Option B is an export charge plus volume restraint where both the rate and volume restraint vary with the price. This is an innovative mechanism that allows provinces to choose the export charge that is right for their individual economic and commercial situation. It provides flexibility to the provinces.

I should point out that the funds collected under either option will stay right here in Canada. As was pointed out, although the NDP and Liberals failed to grasp it, if we carry on with this uncertainty of litigation, those fees are going south of the border and we will have more and more difficulty trying to repatriate those moneys back into our industry.

Provinces and industry also asked for flexibility in export quota rules to be able to meet their U.S. customers' requirements. In response, our government negotiated provisions allowing companies to carry forward or carry back up to 12% of their monthly quota export volume from the previous or next month. This is a significant improvement over the current environment.

Under the current system, the duties imposed by the U.S. are reassessed annually. The industry never knows from year to year what duty rate will apply, but under this agreement it will know. This is certainty. Companies can plan and prepare for it and take full advantage of a stable, predictable business environment. This is what the industry needs. This is what the investors want.

The agreement also contains a provision allowing provinces to seek an exit from the border measures based on a process to be developed by Canada and the U.S., in full consultation with the provinces, within 18 months of this agreement coming into force.

It provides for reduced export charges when other lumber producing countries significantly increase their exports to the U.S. at our expense.

It protects provincial jurisdiction in undertaking forest management reforms, including updates and modifications to their systems, actions or programs for environmental protection, and providing compensation to first nations to address claims.

It includes an innovative mechanism to ensure that the $4.4 billion U.S. in returned duties will be back in the hands of our exporters within weeks of the agreement's entry into force.

I know my time is running out. I could spend all afternoon talking about the great benefits of this softwood lumber deal and the courage that our government has had to stand up and put this forward to bring some stability and certainty back to our industry, to provide some job security for our forest workers and their families, to provide some economic comfort to the investors in the forest industry, and to provide the ability for our lumber producers to make long term business plans in order to plan the journey of their economic investments.

These elements of this agreement respond directly to the concerns raised by the industry, the provinces and the workers. This is a good deal for the industry, it is a good deal for the provinces, and it is a great deal for Canada. I think it is time to put aside the rhetoric from the NDP down at that end of the chamber. It is time for the Liberals to be honest with themselves about the merits of this deal, to support it and to quit playing politics.

The province of Quebec and the industry in Quebec do support this, and we want to encourage the Bloc to continue to support their industries with the province's acceptance of the bill and of course support the bill when it comes up for a vote.

Softwood Lumber Products Export Charge Act, 2006Government Orders

September 25th, 2006 / 3:45 p.m.
See context

Simcoe—Grey Ontario

Conservative

Helena Guergis ConservativeParliamentary Secretary to the Minister of International Trade

Mr. Speaker, it is an honour for me to speak to Bill C-24, the softwood lumber agreement, which I respectfully ask all members of the House to join me in supporting.

The softwood lumber agreement is good for our industry, good for the lumber communities and good for Canada. I remind all hon. members that we have two national governments that support this deal. All of our major softwood lumber producing provinces support the deal, including those of the members who introduced an amendment and subamendment today. We also have 90% of the industry supporting the agreement and the deal in the legislation. One has to ask why the hon. members are not listening to their provinces and why they are not listening to the industry.

This deal eliminates the punitive U.S. duties. It ends costly litigation, takes our lumber producers out of the courts, provides stability for industry and returns more than $5 billion Canadian. It is a practical and flexible agreement that ends the dispute on terms that are highly favourable to Canada.

Let us remember that this disagreement has been going on for 24 years, this last legal agreement five years alone.

I am proud to be part of a government that has provided a solution that will put our two nations back on track for making North America more competitive for the future. I also want to give my appreciation to our Prime Minister and to our Minister of International Trade for their exceptional work on securing this deal on behalf of our softwood lumber industry.

Today I would like to outline some of the key features of the agreement. Let us begin with the return of the duties.

Clearly, one of the agreement's most important features is the return of $5 billion Canadian. This is a significant infusion of capital for the industry and will directly benefit the workers and communities across Canada that rely on softwood lumber for their livelihood. Without question, this dispute has been extremely difficult for Canada's lumber industry. That is why it is imperative that companies receive this money as quickly as possible so that they can continue to invest in their operations and their people, and to increase their productivity and their competitiveness.

An innovative deposit refund mechanism has been developed that will ensure that Canadian companies receive their share of duty deposits within four to eight weeks after the agreement comes into force. It is designed to help Canadian companies begin reinvesting in their enterprises and bring a measure of stability to an industry that has been hit hard for over 20 years of repeated trade action.

I also want to comment that we have seen the U.S. lumber trade coalition tell us that if this deal did not proceed, if we did not have this agreement, that it can guarantee Canada that there will be continued litigation regardless of the outcome of any lawsuits.

A second key feature is the revocation of the U.S. duty orders and the end to related litigation.

Let us talk about the flexible export measures. The deal also provides a strong measure of flexibility for our provinces. For the next seven to nine years no border measures will be imposed when lumber prices are above $355 per thousand board feet. When prices drop below this threshold, the agreement allows provinces to choose the option that best suits their particular economic situation.

Option A involves an export charge that increases in steps from 5% when the price of lumber is $336 to $355 per thousand board feet to 10% when the price is $316 to $335, and then 15% as the price of lumber falls below $315 per thousand board feet. Option B combines at the same price levels lower export charges of 2.5%, 3% and 5% with quotas.

I should point out that funds collected under either option will now stay in Canada. The Government of Canada will distribute to the provinces revenues from the export charge minus the administrative and perhaps legal costs that are associated with the agreement.

This is a significant improvement over the current environment. Currently the duties imposed by the U.S. are reassessed annually. In other words, the industry never knows from one year to the next what duty rate may apply. Under this agreement the industry will know and can take full advantage of a stable predictable business environment.

The agreement also contains a provision allowing provinces to seek an exit from border measures based on a process to be developed by Canada and the U.S. in consultation with the provinces.

I urge the members who sit on the trade committee with me to work with us in committee, rather than try to hijack it this session. Let us work together toward a better future for our softwood lumber industry. Let us work on this agreement.

It provides for reduced export charges when other lumber producing countries significantly increase their exports to the U.S. at Canada's expense.

Importantly, this agreement has a dispute settlement process for issues related to the implementation of the agreement. The process will be neutral, transparent and efficient.

Often we hear opposition members talk about chapter 19. What they are neglecting or actually choosing to ignore is the testimony that we heard in committee that clearly told us that never was softwood lumber to be included in NAFTA. In fact, there was a memorandum of understanding that was pulled out of the agreement so that it would not be there. We have been trying to apply this dispute to NAFTA when no one agreed that it should be there in the beginning.

This new dispute mechanism will no longer be U.S. trial law. It will be international trade law. There are many who suggest that signing on for this new dispute mechanism is reason alone for signing on to the agreement.

The agreement of course will provide a stable business environment. But perhaps the feature of this agreement that has garnered the most attention and continues to be the subject of myth and misinformation from those who do not understand it is the termination clause. Let me be clear. This agreement will last for seven to nine years, providing a stable market environment for our softwood lumber industry. During this time, the U.S. will be prohibited from initiating further trade action.

I should also point out that the U.S. has agreed to a 12 month standstill on trade action in the event that it may decide to terminate the agreement. This provides yet another measure of stability, one which I might add was added at the industry's request following an August 9 meeting with CEOs.

While the termination clause in this agreement is a standard feature of international trade agreements, I can tell the House that termination by either country is highly unlikely. This is a hard-won agreement and both sides have a clear interest in maintaining the rights and privileges under it.

Within Bill C-24 these features are key elements of the agreement. Bill C-24 will bring these elements into play and implement Canada's commitments under the agreement. In particular, the bill provides authority to impose an export charge in a manner consistent with the agreement. It also seeks to amend the Export and Import Permits Act to bring the export measures component of the agreement into action.

Today I ask all parliamentarians to join me in supporting this bill, putting an end to this long-standing dispute and building a brighter future for Canada's softwood lumber industry, for the workers, families and communities that rely on it.

I want to comment a little further on the proposed amendments. I find it very interesting that the member for Beauséjour tabled such an amendment, considering that the industry in his own province is unequivocally supporting this deal. The industry had written asking him to support this deal. In fact, it does not quite understand why he would not want to support the deal. I have the names of companies, such as the Maritime Lumber Bureau, J.D. Irving Limited, M.L. Wilkins & Son Ltd., Pro Lumber Incorporated, North American Forest Products Ltd., and the list goes on and on.

I am not quite sure where the member is coming from because this deal would provide market access by providing the stability and certainty that the industry has told us it clearly must have. This is exactly what the focus of the Prime Minister and the Minister of International Trade has been all along, to find a stable and predictable market for our industry.

The U.S. is not interested in escaping its obligations on this deal. It has no interest in backing out whatsoever. I remind everyone that it is only the Canadian government or the United States government that can terminate the deal.

We also know, as I alluded to earlier, that the softwood lumber industry was not included in NAFTA and that is why any attempts to try to govern it under NAFTA rules have not worked. The new dispute settlement will work. Canadian workers have always had the support of this government. It is the workers who will finally gain their job security who will benefit most from this deal. Over $5 billion will be returned to the industry ensuring that it can prosper and secure its workers jobs in the future.

In conclusion, I ask all members to can the rhetoric and to support this deal. Let us move forward for a stronger North American softwood lumber industry that will benefit all of Canada.