Canada-European Union Comprehensive Economic and Trade Agreement Implementation Act

An Act to implement the Comprehensive Economic and Trade Agreement between Canada and the European Union and its Member States and to provide for certain other measures

This bill was last introduced in the 42nd Parliament, 1st Session, which ended in September 2019.

Sponsor

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.

This enactment implements the Comprehensive Economic and Trade Agreement between Canada and the European Union and its Member States, done at Brussels on October 30, 2016.
The general provisions of the enactment set out rules of interpretation and specify that no recourse may be taken on the basis of sections 9 to 14 or any order made under those sections, or on the basis of the provisions of the Agreement, without the consent of the Attorney General of Canada.
Part 1 approves the Agreement and provides for the payment by Canada of its share of the expenses associated with the operation of the institutional and administrative aspects of the Agreement and for the power of the Governor in Council to make orders in accordance with the Agreement.
Part 2 amends certain Acts to bring them into conformity with Canada’s obligations under the Agreement and to make other modifications. In addition to making the customary amendments that are made to certain Acts when implementing such agreements, Part 2 amends
(a) the Export and Import Permits Act to, among other things,
(i) authorize the Minister designated for the purposes of that Act to issue export permits for goods added to the Export Control List and subject to origin quotas in a country or territory to which the Agreement applies,
(ii) authorize that Minister, with respect to goods subject to origin quotas in another country that are added to the Export Control List for certain purposes, to determine the quantities of goods subject to such quotas and to issue export allocations for such goods, and
(iii) require that Minister to issue an export permit to any person who has been issued such an export allocation;
(b) the Patent Act to, among other things,
(i) create a framework for the issuance and administration of certificates of supplementary protection, for which patentees with patents relating to pharmaceutical products will be eligible, and
(ii) provide further regulation-making authority in subsection 55.‍2(4) to permit the replacement of the current summary proceedings in patent litigation arising under regulations made under that subsection with full actions that will result in final determinations of patent infringement and validity;
(c) the Trade-marks Act to, among other things,
(i) protect EU geographical indications found in Annex 20-A of the Agreement,
(ii) provide a mechanism to protect other geographical indications with respect to agricultural products and foods,
(iii) provide for new grounds of opposition, a process for cancellation, exceptions for prior use for certain indications, for acquired rights and for certain terms considered to be generic, and
(iv) transfer the protection of the Korean geographical indications listed in the Canada–Korea Economic Growth and Prosperity Act into the Trade-marks Act;
(d) the Investment Canada Act to raise, for investors that are non-state-owned enterprises from countries that are parties to the Agreement or to other trade agreements, the threshold as of which investments are reviewable under Part IV of the Act; and
(e) the Coasting Trade Act to
(i) provide that the requirement in that Act to obtain a licence is not applicable for certain activities carried out by certain non-duty paid or foreign ships that are owned by a Canadian entity, EU entity or third party entity under Canadian or European control, and
(ii) provide, with respect to certain applications for a licence for dredging made on behalf of certain of those ships, for exemptions from requirements that are applicable to the issuance of a licence.
Part 3 contains consequential amendments and Part 4 contains coordinating amendments and the coming-into-force provision.

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

Feb. 14, 2017 Passed That the Bill be now read a third time and do pass.
Feb. 7, 2017 Passed That Bill C-30, An Act to implement the Comprehensive Economic and Trade Agreement between Canada and the European Union and its Member States and to provide for certain other measures, {as amended}, be concurred in at report stage [with a further amendment/with further amendments].
Feb. 7, 2017 Failed
Dec. 13, 2016 Passed That the Bill be now read a second time and referred to the Standing Committee on International Trade.
Dec. 13, 2016 Passed That this question be now put.

Canada-European Union Comprehensive Economic and Trade Agreement Implementation ActGovernment Orders

November 22nd, 2016 / 10:40 a.m.
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NDP

Jenny Kwan NDP Vancouver East, BC

Madam Speaker, there are two issues that I would like to ask the member to comment on.

One is the fact that at the committee stage, Canadians will not be able to submit written submissions to the committee for consideration. Does the member agree with that? Why would we close opportunities for Canadians to express their points of view on this important trade deal?

Second is the issue of CETA's implications for pharmacare costs. The trade deal will have a huge implications for our pharmacare costs with respect to patents. That will have a huge impact on us. Already, in terms of health care costs, we will be dealing with a $36 billion cut as the hangover from the Harper administration, which the current government is carrying over. How would we handle the impacts on health care costs across the country vis-à-vis patents on pharmacare?

Canada-European Union Comprehensive Economic and Trade Agreement Implementation ActGovernment Orders

November 22nd, 2016 / 10:45 a.m.
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Liberal

Julie Dzerowicz Liberal Davenport, ON

Madam Speaker, CETA has been a long time in the making. There has been a lot of negotiation over many years. There have been many consultations. A lot of thoughtfulness has gone into the agreement.

CETA will give Canada access to the EU's more than 500 million consumers. Canadian workers stand to benefit significantly from increased access to this 28-nation market, which generates $20 trillion in annual economic activity.

On the issue of pharmacare, the rising cost of drugs is a huge concern for people in my riding. It is of great concern to our Minister of Health. It is part of the current discussions and negotiations the minister is having with her counterparts across this country. I have every confidence that we will find good solutions to it moving forward.

Canada-European Union Comprehensive Economic and Trade Agreement Implementation ActGovernment Orders

November 22nd, 2016 / 10:45 a.m.
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NDP

Brian Masse NDP Windsor West, ON

Madam Speaker, I appreciate the intervention of my colleague with regard to the submissions to committee. It is almost unheard of that this government-paid committee, or more importantly, this taxpayer-paid committee, would be shut off from receiving information. I have never heard of that before. It requires a special procedure. It would mean that we do not want to hear from constituents.

I was on that committee at one point.

Britain is Canada's third-largest trading partner and is one of the secure anchors for Canada in this deal, and it is leaving the European Union. There is going to be quite a difference between what was in the past agreement and how it was arranged versus what we will have now.

Why would we not want to hear from Canadians and businesses on how to deal with that new reality?

Canada-European Union Comprehensive Economic and Trade Agreement Implementation ActGovernment Orders

November 22nd, 2016 / 10:45 a.m.
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Liberal

Julie Dzerowicz Liberal Davenport, ON

Madam Speaker, there is large support for CETA right across this country. There is large support in my riding.

The implementing legislation for CETA will be subject to all the stages of the legislative process. I have every confidence that any outstanding questions will be responded to through that legislative process. I look forward to its successful conclusion. People are looking forward to us finalizing CETA and having it in action.

Canada-European Union Comprehensive Economic and Trade Agreement Implementation ActGovernment Orders

November 22nd, 2016 / 10:45 a.m.
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Winnipeg North Manitoba

Liberal

Kevin Lamoureux LiberalParliamentary Secretary to the Leader of the Government in the House of Commons

Madam Speaker, could my colleague comment on how trade will help Canada's middle class? A healthy middle class means a healthier economy, and we all benefit.

Canada-European Union Comprehensive Economic and Trade Agreement Implementation ActGovernment Orders

November 22nd, 2016 / 10:45 a.m.
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Liberal

Julie Dzerowicz Liberal Davenport, ON

Madam Speaker, CETA will not only help the middle class across Canada but will help lift up all Canadians. Canada is a trading nation. We are a small nation. Increasing business and trade around the world will help create more jobs and more prosperity for the middle class and for all Canadians from coast to coast to coast.

Canada-European Union Comprehensive Economic and Trade Agreement Implementation ActGovernment Orders

November 22nd, 2016 / 10:45 a.m.
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Conservative

Dan Albas Conservative Central Okanagan—Similkameen—Nicola, BC

Madam Speaker, it is a great honour today to speak in support of the comprehensive economic trade agreement between Canada and the European Union.

I will be sharing my time with the member of Parliament for Richmond Centre. I think she will join me in giving accolades to the previous government and particularly to two members of Parliament, the MP for Abbotsford and the MP for Battlefords—Lloydminster. They worked very hard with the previous government to see this vision move forward. On that note, I would also like to commend the Liberal government for following through on the tireless work of the former Conservative government on the agreement.

It can be refreshing when two different governments share a common vision of how we can build a stronger Canada. We know that rarely happens in this place.

I would like to state some of the reasons I am supporting the CETA deal.

In Central Okanagan—Similkameen—Nicola, we have a rather unique perspective on free trade deals. Many in the Okanagan region will recall the days in the 1980s when the Canada-United States Free Trade Agreement was looming on the horizon. As is often the case when a trade deal is imminent, the forces of fear were out in full force.

In fact, many grape growers were threatening to rip out their vineyards, so convinced were they that they would not be able to compete and survive against the vast vineyards and inexpensive wines of California. Then a funny thing happened. A few prominent vineyards said no to defeatist thinking and instead saw opportunity.

Do not get me wrong. It has taken some immense hard work, and at the time, the federal government of the day provided some transitional assistance. We know that today Okanagan vintners, as well as British Columbian vintners, make some of the best wines in the world. Okanagan vintners, I would suggest, have not only survived but have thrived and prospered.

Here is something else to think about. In spite of the fact that seven of every 10 bottles of wine sold in Canada are made outside of Canada, a B.C. vintner still cannot directly sell to a customer in Ontario because of the protectionist policies of the Wynne Liberal government.

We also know that the federal Liberal government has once again failed Canada's vintners, brewers, and distillers alike in the latest round of negotiations on internal trade. In fact, it is the same Liberal government that is so terrified of internal trade it refused to elevate the Comeau decision to the Supreme Court for constitutional clarification.

I struggle with that. We have a Liberal government that will impose a national carbon tax on the provinces but will not impose a true internal trade regime that well may be a constitutional right. One can only assume that the 142% increase in consultant lobbying under the current Liberal government, as big corporations want to protect provincial monopolies, is part of the problem.

Where does that leave vintners in my riding? Many are now selling wine directly to customers outside of Canada, because they cannot do the same thing legally in Ontario. Nowhere but in the Liberal Party of Canada does this make any sense.

It is easy to understand why I will be supporting trade deals like CETA, because for many vintners in the Okanagan and British Columbia, this is where opportunities are to be found. I predict that when CETA member nations have their opportunity to directly sample some of these B.C. wines, they will be very impressed by the talent of Canadian vintners.

Of course, there are other good things in my riding besides wine. We also have many fruit farmers, some of whom have ventured beyond the co-operative model to become independent and discovered that foreign markets offer new opportunities that can be very lucrative.

Through the good work of the Summerland federal research station, which is in my riding, new technologies are extending the shelf life of fruit and other perishable products, like flowers. I think that is great, because with longer shipping times, farmers can use more affordable and more environmentally friendly methods. For example, they ship products by sea, rather than by air, or by rail, rather than in trucks.

These are all positive aspects of CETA that could mean significant new opportunities for fruit farmers.

In addition to farmers and producers, of course, we also have manufacturing and resource firms in my riding. These days, certain private employers that pay some of the best salaries depend on new markets to sell and export their products.

We have to remember that in light of the recent election in the United States, we do not yet know how the new American administration will affect Canadian exports to the U.S. That is why diversifying our markets with new partners is so important.

I think it is also worth noting that Canadians can compete with the best in the world in virtually every domain, and they are already doing so.

I do have some concerns, however, that I would like to share with the House. My biggest concern is that CETA member countries do not, I repeat, do not have the same internal trade barriers that Canada does. It is therefore possible that farmers in CETA member countries will have easier access to certain Canadian provinces than our own farmers.

CETA is not to blame for that. It is our own collective failure, especially here in the House. We should have referred Comeau to the Supreme Court when we had the chance. Even though the Conservatives, the NDP, and the Green Party all supported the motion, the Liberals forced the vote and said no to domestic free trade. We need to recognize that CETA may give preferential access to certain sectors at the expense of Canadian producers who face domestic trade barriers.

My other concern is more administrative in nature. I hope that this Liberal government will provide technical resources so that small farmers and small business owners can benefit from CETA. Many small businesses do not have the resources or the internal capacity to acquire the necessary technical expertise to navigate international markets.

My last concern is more of a reminder. One of the downsides of trade agreements is that the nations with lower costs sometimes end up with a trade surplus relative to those where costs are higher.

We know that these concerns were a major issue during the recent U.S. election, especially in the Midwest. It is therefore important that we, and by we I mean all levels of government, know that a nation can only be competitive if the cost of doing business is low.

Ontario's green policy is is giving rise to energy poverty and chasing away manufacturing industries. We must also realize that the United States does not have a carbon tax. The State of Washington recently voted against a carbon tax.

Let us not fool ourselves. We have had a significant excise tax and GST on certain products like gas for quite some time. We have to be careful not to further increase the cost of doing business exclusively for Canadian companies, and forgetting that they are competing with businesses from other countries.

With the exception of the concerns about balance, I am delighted with the opportunities that CETA will create in my riding. I will support this bill and continue to promote the ways in which we can fully benefit from it.

Canada-European Union Comprehensive Economic and Trade Agreement Implementation ActGovernment Orders

November 22nd, 2016 / 10:55 a.m.
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Winnipeg North Manitoba

Liberal

Kevin Lamoureux LiberalParliamentary Secretary to the Leader of the Government in the House of Commons

Madam Speaker, the member made reference to interprovincial trade. We recognize that the government needs to give attention to interprovincial trade and try to work with provinces to see where we could improve the conditions that would ultimately allow for more interprovincial trade and increase access to foreign markets, especially when we take into consideration the move toward globalization and trade.

Could the member explain to the House why the former Stephen Harper government failed to deal with interprovincial trade issues, or possibly even cite a few examples where he felt that the former Conservative government was actually successful on interprovincial trade?

Canada-European Union Comprehensive Economic and Trade Agreement Implementation ActGovernment Orders

November 22nd, 2016 / 11 a.m.
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Conservative

Dan Albas Conservative Central Okanagan—Similkameen—Nicola, BC

Madame Speaker, I welcome the question.

Simply put, my bill, Bill C-311, opened up free trade of wine between Canadian provinces at the federal level. The federal government of the day later, in budget 2014, supported the same kind of treatment for Canadian beer and Canadian spirits. The previous government made huge leaps in that area, which not only helped that particular value-added sector, it also helped our farmers who feed into the inputs of that.

Again, the former minister of industry, Mr. James Moore, spearheaded an initiative for which the Liberals like to claim total credit, to have a new agreement on internal trade. We know that deals like CETA, which were supported by every single province and territory after extensive consultation by the previous government to get there, allowed for a good process of which we are bearing the fruits today.

Unfortunately, it is the same government that has not led collaboration with the provinces to the point where it would allow for beers, spirits, and alcohol to flow freely. We had a chance with the Comeau case in New Brunswick, where we could have elevated it to the Supreme Court to get that constitutional clarity. That member voted against it.

On this side of the House, we are always proposing ideas on which we can get pan-Canadian agreement and consensus. It is that member and his party who voted that down, and it is that member and his party who now support a carbon tax, which again is at odds. The Liberals say they want to work with provinces, but yet they impose mandatory carbon taxes that make our Canadian businesses less competitive internationally.

Canada-European Union Comprehensive Economic and Trade Agreement Implementation ActGovernment Orders

November 22nd, 2016 / 11 a.m.
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NDP

Brian Masse NDP Windsor West, ON

Madam Speaker, it has been interesting to listen to the debate on trade and what we are putting into it. It is amazing how much time we have spent in this House of Commons on trade, but so very little on economic strategies related to, for example, manufacturing.

This is not a full list, but it is a list of trade agreements, investment promotion agreements, and protection agreements that we have signed over the last number of years. It is Peru, Panama, Romania, Senegal, Nigeria, Slovak Republic, Korea, Kuwait, Tanzania, Liechtenstein, Mali, Jordan, Latvia, Benin, Burkina, Colombia, Ghana, Hong Kong, and Ukraine.

Canada-European Union Comprehensive Economic and Trade Agreement Implementation ActGovernment Orders

November 22nd, 2016 / 11 a.m.
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Some hon. members

Oh, oh!

Canada-European Union Comprehensive Economic and Trade Agreement Implementation ActGovernment Orders

November 22nd, 2016 / 11 a.m.
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NDP

Brian Masse NDP Windsor West, ON

I hear a lot of cheering, Madam Speaker. I would ask the hon. member, given his party has identified that the Liberals have really created zero jobs given their last year, why then, with all these accolades to these signed agreements, has there not been an increase in jobs related to all these trade agreements? It is a simple measurement system that we need to look at, and I would like to know specifically. We could use Latvia as an example. Where are the Canadian jobs that have come from the trade agreement with Latvia?

Canada-European Union Comprehensive Economic and Trade Agreement Implementation ActGovernment Orders

November 22nd, 2016 / 11 a.m.
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Conservative

Dan Albas Conservative Central Okanagan—Similkameen—Nicola, BC

Madam Speaker, I certainly appreciate the member's concerns, because again, as we said, any time that there is a new trade agreement or investment agreement proposed, some people draw attention to areas with which they do not feel comfortable. I think we need to address them with logic.

We sign FIPAs that basically allow for investor protection and promotions between both countries. Here in Canada we treat everyone the same. In fact, I like to joke that in Canada, we will treat everyone equally unfairly, which is our way of treating everyone the same. When someone invests in Canada, they receive no extra consideration more than anyone else. They are treated completely fairly and have full access to the courts. When we have Canadians investing abroad, they do not always have that, so having these trade agreements that protect Canadian business and Canadian investors is very important.

Canada-European Union Comprehensive Economic and Trade Agreement Implementation ActGovernment Orders

November 22nd, 2016 / 11 a.m.
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Conservative

Alice Wong Conservative Richmond Centre, BC

Madam Speaker, I rise today to speak to Bill C-30, an act to implement the comprehensive economic and trade agreement between Canada and the European Union, CETA.

I would like to first acknowledge my Conservative colleagues, the Right Hon. Steven Harper, the hon. member for Abbotsford, and the hon. member for Battlefords—Lloydminster. Thanks to their dedication and hard work over the past few years, this agreement has now been made possible.

CETA will give Canadian firms new and secure opportunities to supply both goods and services to all 28 member states of the European Union. While this trade agreement has many different components, all of which provide immense opportunities for the Canadian economy, I will be focusing my speech on the implications this agreement has on the business and private sectors in Canada.

An early study of this agreement, when it was in the negotiating stage in the last government, indicated that a trade agreement with the European Union would likely result in almost 80,000 new jobs for Canadians. This is exactly what the Canadian economy needs now: jobs. One of the reoccurring aspects of CETA is the agreement to eliminate almost all trade tariffs for Canadian goods and services. It is expected that 99% of tariff lines to the EU will be duty-free once the agreement is fully implemented. By eliminating this type of trade barrier, Canadian producers will have increased access to the EU market and a competitive edge over other global producers who do not have the same kind of trade agreement.

As the critic for small business, I hear this conversation frequently. Business owners want to have better access to global markets. This agreement will help answer that call. What smaller companies will now need to know from the government is how SMEs can become important partners in the supply chain.

To ensure that Canadian businesses are able to effectively operate in the EU market, CETA also includes a regulatory co-operation component. The regulatory co-operation forum will provide Canadian and EU regulators with information to ensure that regulatory measures in both markets are compatible and of mutual interest. This will dramatically diminish the barriers often experienced by businesses entering a new market.

In addition to Canadian-made goods, services such as management, financial, and engineering will have better access to the EU markets. Once CETA has been fully implemented, Canadian service exporters will have the same level of access and be bound by the same regulations as those service providers in the EU.

One of the most important aspects of CETA is the investment provisions. Investment is a critical way to engage with the global economy and stimulate economic growth and job creation. CETA will allow both Canadian and EU investors to capitalize on new opportunities while also ensuring stability and transparency in the market as a means of protecting their investments. There are many reasons why the EU market should wish to invest in Canada, and CETA will encourage such investment.

Although there are many positive and exciting aspects to this agreement, there are also some missing pieces. There have been several unilateral declarations made between member states that have not been agreed to by either Canada or the EU.

Additionally, while there are many positive aspects of the investment chapter of this agreement, there is still some uncertainty. As it becomes clear which provisions in the protection and investment dispute resolution aspect of the agreement will be implemented and which will be removed, I ask that the government be forthcoming on these decisions. It is important that any implications these declarations may have on our industries are explained to Canadian exporters and it is important that the Canadian best interests are maintained.

As a member of Parliament from British Columbia, I would like to also comment briefly on the many opportunities CETA will provide to my home province. Services that are critical to B.C., such as environmental services, communication technology services, and energy services, will have new and unprecedented access to the EU markets and economy.

Just last week I met with a business representative from the aerospace industry and he explained the types of growth CETA will be able to provide to his line of work. B.C. companies understand how important this agreement is and I look forward to hearing of the success they will find in the EU market. As the entire service sector is of critical component of B.C.'s GDP and employs a majority of British Columbians, this sort of competitive edge will greatly benefit the province and my riding of Richmond Centre.

B.C. also represents diverse agricultural and agrifood products from seafood to produce and is known for its high food safety standards. Opening up the market to these producers will encourage further growth and world-class excellence.

I am very pleased that, after all of the hard work done by many over the past few years, an agreement has been made. Although I have noted a few of my concerns on the agreement, I look forward to the many benefits CETA will provide to our Canadian businesses and our country on a national level. Canada will be one of a few countries that has been able to secure such access to the world's two largest economies, the United States and the European Union, and that is something to be extremely proud of.

My next question for the current government is how we are going to deal with the trans-Pacific partnership, which the president-elect of the U.S. has openly declared that he is going to withdraw from. I have had the opportunity of joining our former prime minister, the trade minister, and the minister of agriculture to explore business opportunities in Asia in a good number of years. I certainly hope that even without the U.S., our government is able to go forward with the TPP and open up an even larger market for all Canadians.

Canada-European Union Comprehensive Economic and Trade Agreement Implementation ActGovernment Orders

November 22nd, 2016 / 11:10 a.m.
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Winnipeg North Manitoba

Liberal

Kevin Lamoureux LiberalParliamentary Secretary to the Leader of the Government in the House of Commons

Madam Speaker, CETA has been achieved over a number of years. Over the last year it has been a high priority of this government. The minister responsible has visited Europe on numerous occasions, along with the parliamentary secretary and other components of government, to ensure that we get the best deal for Canadians. We believe that the deal we have through this legislation is indeed the best deal for Canadians. It would ultimately assist Canada's middle class and those aspiring to become part of the middle class, and as one of my colleagues indicated, all Canadians would benefit by this particular agreement.

It is generally perceived that this agreement is a good thing for Canada. It has had years of being at the table with open discussions, transparency, and accountability. It is an issue of accountability during the election period. Provinces are virtually onside with this agreement. Does the member not recognize that in regard to the TPP, something the Conservatives are really pushing, there is a process? There was an election commitment given by this Prime Minister to look at that agreement because we have a great deal of concern, something Canadians also share.