Bill C-30 (Historical)

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 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.

Canada-European Union Comprehensive Economic and Trade Agreement Implementation Act

[Celina Caesar-Chavannes, Liberal, Whitby, ON]

Mr. Speaker, as I said in my speech, CETA is a gold standard agreement, one in which many progressive countries will look to replicate in the years to come.

Canada is taking a leadership role in receiving the CETA agreement from the previous government, looking at that agreement and making some changes to make it a little more reflective and progressive to ensure Canadians, Canadian businesses, Canadian companies are protected, but at the same time are allowed access to markets that will allow them to be a little more competitive, allow members and companies in my riding to compete on a global scale by reducing some of the tariffs that currently exist with our European markets.

[Alistair MacGregor, NDP, Cowichan—Malahat—Langford, BC]

Mr. Speaker, I want to ask the hon. member a little about consultations. Back in 2012, when the Liberals were in opposition, they wrote a dissenting opinion in the 2012 report that further consultation with Canadians was needed on CETA.

When we compare the consultations that have been held with the TPP, we have had 400 witnesses before the trade committee and submissions from approximately 60,000 Canadians, on this agreement, the implementation legislation is enacted a day after it is signed and is brought before Parliament to be rushed through. Furthermore, the Liberal-dominated trade committee has refused to hear any submissions except from witnesses who are appearing.

I cannot believe the Liberal members on that trade committee did that without the cabinet leaning heavily on them. Therefore, why is the Liberal dominated trade committee forcing this through without allow proper submissions from Canadians across the country, not just those who have the means to appear before the trade committee?

[Celina Caesar-Chavannes, Liberal, Whitby, ON]

Mr. Speaker, unfortunately, I do not sit on that committee, so I cannot speak directly to that. However, I want to reinforce and underscore the fact that this government has been very open, transparent and engaged with Canadians.

We have taken an opportunity to lead by example and have had very robust dialogue with Canadians on all sides, across all ministries. We find that very important.

Let me reinforce the fact that this is the gold standard of progressive trade deals, and the minister has consulted widely. We have been open and transparent. We are pursuing trade in a fair and responsible way. We want to reduce inequality and have a very inclusive growth in our economy. I continue to invite our colleagues to stay involved in this discussion.

[Harold Albrecht, Conservative, Kitchener—Conestoga, ON]

Mr. Speaker, I cannot tell my colleague how strongly this CETA agreement is supported in my riding, especially by the rural part of my riding. I have an urban-rural riding. However, the impact this will have on our agricultural industry is profound. I thank the government for proceeding with CETA.

The one question I have is whether her government will honour the commitment our government made to the dairy sector and also to the fishing sector in terms of the fishers investment fund.

[Celina Caesar-Chavannes, Liberal, Whitby, ON]

Mr. Speaker, as my hon. colleague pointed out, CETA will open new agriculture and agrifood markets to Europe. We are very committed to ensuring the Canadian businesses thrive and succeed under this agreement.

As he is well aware, the Minister of Agriculture and Agri-Food has pointed out that the federal government has provided $350 million to our dairy farmers: $250 million for our dairy farmers to innovate, and $100 million to ensure that our processors are in a better position.

We are listening and taking stock of what our dairy farmers are saying, and ensuring that our agriculture sector is strong and thriving in Canada.

[Darshan Singh Kang, Liberal, Calgary Skyview, AB]

Mr. Speaker, I am pleased to speak in support of the government implementation bill, Bill C-30, for the Canada-European Union comprehensive economic and trade agreement, CETA, and about the government's ongoing progressive trade agenda.

Canada is a trading nation and our government recognizes the importance of supporting free and open international trade for our collective prosperity. However, in many countries in the western industrialized world, there is a growing populist backlash against immigration, international trade, and globalization in general.

Beyond what we have seen in recent months from political campaigns in the U.S., the most recent report from the World Trade Organization and other international institutions on trade barriers, published in June, noted that G20 economies introduced 145 new trade restrictive measures between mid-October 2015 and mid-May 2016. That is 21 a month, the highest monthly average since 2009.

This is an issue of global concern, but it is particularly worrisome for a trade dependent country such as Canada. As a medium-sized economy competing in the global marketplace, Canada has long recognized that free and open trade is critical for our economic prosperity. That is why CETA and the government's broader progressive trade agenda are so important for Canada's continued economic prosperity.

People around the world are feeling powerless and anxious in the face of unceasing change. Globalization and technological change have created wealth and opportunities for many. However, parts of the middle class and those working hard to join it feel they are falling behind. Their concerns are not entirely wrong.

Credit Suisse found that the top 1% of the world's population owns 50% of its wealth. The bottom 50% combined owns less than 1%. People with a net worth of less than $10,000 account for 71% of the world's adult population.

Trade, immigration and international openness are increasingly blamed for economic hardships and inequality. However, our government believes we cannot turn our backs on trade or turn back the clock on globalization. Done properly, increased trade can raise living standards, create more jobs, increase prosperity, and help to strengthen the middle class. Closing our borders will only lead us to a less prosperous and more closed-off, insular, and fearful world. This is one of the reasons that our government is pursuing a progressive trade agenda in concert with our like-minded partners around the world.

The progressive trade agenda advances higher standards of living and fosters sustainable and inclusive economic growth. It includes an emphasis on transparent and inclusive approaches. The government is committed to a consultative process on international trade that allows all segments of our society to contribute and be heard. It will ensure that governments can continue to pursue broad societal objectives.

The government firmly believes governments should defend the best interests of their people, particularly the most vulnerable. It ensures the government's continued right to regulate. It supports strong rules on food safety, consumer protection and the environment in addition to world-class publicly funded health care, and other public services.

Our trade agenda will continue to actively promote labour rights and strong environmental protections. It will also include a more progressive approach to an investment dispute resolution that is recognized as fair, open and impartial, including exploring the establishment of a multilateral approach.

We are still in the early stages of developing this new approach to trade for Canada, but we can already see some concrete results. The landmark example of the progressive trade agenda so far is CETA. CETA will create economic opportunities for Canadians across the country, and will do so in a progressive way that is in keeping with the inclusive values of Canada and the EU.

CETA's progressive provisions include stand-alone chapters dedicated to labour, the environment and sustainable development, a very clear recognition of the right of governments to regulate in the public interest, making the process of the resolution of investment disputes more independent and fair, and further increasing its transparency.

On that last point, Canada and the EU have truly innovated with the most progressive investment dispute resolution mechanism to date. In CETA, we have moved away from ad hoc arbitration and established permanent tribunals. CETA establishes a new process for the selection of permanent tribunal members, sets detailed commitments on ethics for all tribunal members, and introduces an appellate system, which, in sum, demonstrates Canada's leadership in promoting progressive 21st century investment protection provisions.

Beyond these progressive provisions, CETA will translate into real benefits for Canadians and contribute to Canada's long term prosperity. CETA addresses the full range of conditions that shape modern international trade, including goods, services, investment, intellectual property, government procurement, non-tariff measures, regulatory co-operation, and more.

It also covers issues never before included in any of Canada's previous trade agreements, including NAFTA. For example, CETA is the first to include a stand-alone chapter on co-operation in regulatory matters. Another unique feature of CETA is its protocol on conformity assessment, which will allow Canadian producers in a number of sectors to have their products tested and certified for the EU market right in Canada.

In many areas, Canada and the EU have negotiated market access and improved conditions for trade that go beyond the NAFTA. For example, in the area of public procurement, CETA is the first to cover all levels of government in Canada and the EU. Once implemented, CETA will set the stage for progressive trade agreements fit for the 21st century. Our government is proud of signing that agreement.

This government has been proactive from day one in placing emphasis on the importance of supporting the middle class, transparency, and broadening consultations on trade agreements. In other words, Canada saw the need for change in this area early on and put things into motion before most others, and remains ahead of the pack.

Going forward, the government will continue to advance progressive approaches in other trade initiatives, including bilateral and regional trade agreements and at the World Trade Organization, and will be looking to co-operate on these issues with like-minded partners around the world.

We welcome the views of all citizens and parliamentarians on how Canada can advance this more progressive approach to trade for our collective prosperity.

[Harold Albrecht, Conservative, Kitchener—Conestoga, ON]

Mr. Speaker, I asked a question earlier of the member's colleague, and I do not think we got a clear answer.

Again, I am of the agreement, especially the benefits it will bring to our agricultural sector, including beef and pork, and grain and oil seeds. However, I would like to know whether the Liberal government is committed to following through on the commitment that our government made to support the dairy sector, as well as to provide funding for the Newfoundland and Labrador fisheries investment fund.

[Darshan Singh Kang, Liberal, Calgary Skyview, AB]

Mr. Speaker, as we all know, from the Minister of Agriculture and Agri-Food, $350 million has been put aside for agriculture.

This agreement literally covers everything we are trying to do. CETA will open a big market for our farmers and fishermen. Instead of 38 million consumers, there will be some 350 million. Our products are going to go to 28 nations. We are creating a big market. I do not see any reason why our farmers and our fishermen cannot compete.

Trade is going to bring in more jobs, as we know from NAFTA. When I moved to Calgary, the population was 390,000. It is 1.4 million now. If it was not for trade, we would not be growing our economies in Alberta and in Canada.

[Ruth Ellen Brosseau, NDP, Berthier—Maskinongé, QC]

Mr. Speaker, I want to thank my colleague for his speech in the House.

I just want to add a few more comments about the answer we just got.

The dairy sector and fine cheese production in Canada will suffer enormous losses because of the Canada-Europe trade agreement. We are talking annual losses of $150 million. The plan announced by the Liberal government is not good enough. It is important to listen to producers, but just listening to them is not enough. The government has to act. We need to have a transition support plan that truly mitigates the negative and damaging effects of the Canada-Europe trade agreement.

Quebec dairy producers are asking for an additional $750 million in assistance. Can the member across the aisle confirm that Quebec dairy producers and fine cheese makers will get that transition assistance?

[Darshan Singh Kang, Liberal, Calgary Skyview, AB]

Mr. Speaker, the Minister of Agriculture has been talking to the farmers. He has been consulting the farmers. Canadians have always helped each other, and if need be, maybe the government will look at it at that point in time. However, right now, I think the $150 million that farmers are getting should be enough for now.

[Kevin Lamoureux, Liberal, Parliamentary Secretary to the Leader of the Government in the House of Commons]

Mr. Speaker, my colleague has always been a very strong advocate for his constituents and the residents of Calgary, and I appreciate the many things he raises. Could he comment on how important it is for his constituents, indeed for the country, that we recognize that trade helps create those crucial middle-class jobs? A healthier middle class means a healthier economy.

Could the member talk about the importance to his community those new middle-class jobs?

[Darshan Singh Kang, Liberal, Calgary Skyview, AB]

Mr. Speaker, Canada has been a trading nation from day one. I have been living in Calgary since 1970, and then came the oil sands development. If it were not for trade, we would not have that big development today. Back then, even in Alberta, it was like a country. We were not a global village back then, but now the world has become a global village.

With trade, there is more competition, which will create jobs. It also helps the consumer, because if we had a wall around our country, there would be no competition, and every consumable would be expensive. Trade also benefits the other countries, and we can look at NAFTA as an example.

When I was an MLA, I always said that we should go to India, and our senior Prime Minister Trudeau used to say that we should go to Pacific countries for trade. Therefore, we should not keep all of our eggs in one basket.

By negotiating this free trade deal, I think we are bringing more prosperity to the country, to Alberta, and to my riding of Calgary Skyview.

[Dave Van Kesteren, Conservative, Chatham-Kent—Leamington, ON]

Mr. Speaker, I am thankful for the opportunity to stand to talk about CETA, which we have been discussing all day. It is quite a topic of discussion.

First, I want to congratulate both the member for Battlefords—Lloydminster and the member for Abbotsford, who both spoke. If anyone missed those speeches, they really need to hear them.

I also want to mention that my time will be split with the member for Cypress Hills—Grasslands.

How did we swing this? Someone has to be asking that question. How does a nation the size of Canada do this? We all know, as Canadians, that this is the greatest country on earth, but it is very possible that the rest of the world does not realize that fact. We are not the most populous by any stretch of the imagination. We do not have the largest GDP. How did we manage to swing this kind of deal?

We heard from the two members I mentioned previously. We have a great negotiating team, as well. However, I would suggest that one of the key reasons is the position that Canada is in. That is the first point I want to talk about, how Canada positioned itself as it moved forward with this deal.

I want to take members back to 2008, when there was a horrendous crash globally. The banking system was in disarray and countries all over the world were scrambling. I remember having a conversation with the then finance minister, Jim Flaherty. He said we were so close to total collapse that it was so important for nations to come together and to do the right things. Canada was part of that, as well.

One of the commitments that nations had to make was to invest, to pour money into the economy. As the banks were on the verge of collapse, and countries and businesses too, it was important that all nations participated. Canada did as well, but we took a different approach. We took an approach that did not continue in that direction, but one with a clear target to come out of deficit within a period of time. That was precisely the position that Canada was in at the end of 2014, when we had moved from a deficit into a positive position and our economy was the envy of the G-7.

I would suggest, as well, that for a small country, negotiating a trade agreement with an organization like the European Union, with 500 million people and the largest economy, is somewhat of a fantastic thing to do. I think we ought to be proud as Canadians. We have heard that quite a bit today in many of the speeches, that we should be proud we were able to do that.

However, I would also caution that it is the very position we are in that needs to be maintained, that we need to continue on that path. We saw the Prime Minister in Argentina this weekend, talking about trade deals. I would like to say to the Prime Minister that that country has a rather seedy reputation, having been known to welch on some of its deals. We would never do that in this country, and other countries know that as well. Subsequently, countries that have that kind of reputation do not get to come to the foreground and make deals like the one we did here in Canada.

My message to the Liberal government would be to maintain the trajectory that the previous Conservative set out in 2008 and handed over to it in 2014.

The second thing I would like to consider is that we are the gateway to the United States. There there are many in the European Union who see this as an excellent opportunity to move products through Canada and into the United States. My riding of Chatham-Kent—Leamington lies next to Detroit. We were able, as a government, to begin the process, and that process is well under way with the Gordie Howe international bridge at the most important and busiest crossing in North America.

It is more than important, but imperative that we make sure that project moves to fruition. I would encourage and implore the current Liberal government to keep its foot on the gas pedal, and not to stop that.

It is hard work. We heard from both of our members who were responsible for initiating and working this deal. Our former minister of agriculture and our former minister of trade talked about how much work was done. It is probably for that reason that many other countries do not set out on this kind of endeavour. It is because it is hard work. It was hard work to begin those negotiations with the Americans to have that corridor to Windsor expanded and to make the necessary deals with the Americans to have that bridge put into place too. We are not there at this point. There has been some suggestion that those workings are going to be slowed down. It is imperative that the government continue on to make sure that that corridor is finished, just as it has done with this particular deal with Europe, which we give the government credit for.

There are 28 countries with a myriad of languages in the European Union. We have in Canada a number of cultures, and here I am specifically talking about Chatham-Kent—Leamington. Today we began the session with the motion that October become German heritage month, and a good suggestion it is. We have had many fine German immigrants throughout the years who have helped make Canada the great country that it is, but so many of us are from Europe. In my riding, the Italians have done a marvellous job with the greenhouse industry. The Dutch have done an incredible job in the greenhouse industry and in farming as well. We have the Scots. We have the Portuguese, who are involved in fishing. All of those industries will be important to our European friends. As well, with what those industries have to offer it will be important that they move it through this corridor. They will be looking to us and looking for the diaspora in our regions to help them with that.

This agreement is good for all of Canada. I see in the chamber today some of the members who are on the trade committee, which has travelled across Canada. We have had the good opportunity to talk about another trade deal, but we know that the same principles are true with this trade deal, whether we go to B.C. with its lumber and minerals; Alberta; Saskatchewan with its oil, minerals, and mining; or Manitoba. Our former agriculture minister pointed out how important it was that we expand some of our trade positions and that we make sure we have another opportunity, and not to put all of our eggs in one basket, but that farmers and the pork producers have another opportunity. They were excited about that too. In Ontario, we have lost a manufacturing base, but we still have a very strong manufacturing base in a lot of segments. Bombardier was spoken about a bit earlier, as well as the service industries that are so big. In Quebec, again there is mining and the service industries. In the Maritimes and Newfoundland there is the seafood industry.

The opportunities are immense, and for Canadians this deal is excellent. It would provide prosperity, but there are obligations on the government to ensure that the deal not only comes to fruition but also becomes a better deal and continues to help make Canadians thrive in the future.

As my time is coming to an end, I would say that much work has been done but there is still much work to be done. Let us continue to be vigilant and be sure that we in the House provide the proper services so this deal will make this country that much greater.

[Rachel Blaney, NDP, North Island—Powell River, BC]

Madam Speaker, in the riding I represent, North Island—Powell River, we have small business owners who work hard every day who are trading with different countries. I also have a broad number of seniors who are coming to live in my riding, and those who have been in the riding, in some cases for their whole lives. One of the concerns I have with the agreement is the fact that medicine will increase substantially.

We need to fight for those benefits for small business. They are the backbone of our economy. They make jobs in our smaller communities especially. We need to support them. I am looking forward to seeing some of these opportunities benefit them. However, at the same time, we have to make sure that the benefits do not punish substantial groups who really need that support.

What are the members thoughts on pharmaceutical medication and making sure that people have affordable medicine in our country?

[Dave Van Kesteren, Conservative, Chatham-Kent—Leamington, ON]

Madam Speaker, that particular question was asked across the nation as well. We heard that from west to east. We spent quite an amount of time in committee discussing that too.

We have to understand that we are a small country. As such, we have a smaller group who are being sold to. Presently, we are one of jurisdictions with the highest pharmaceutical costs. I would suggest, and this was heard at committee as well, that rather than causing medicine to become more expensive, a trade agreement could in fact make the prices drop. It is something we must continue to monitor and make sure we are watching. I know the government will do that. I know the provincial governments will work on their behalf as well. Again, I think there are good things in store for pharmaceuticals as well.