International Trade Committee on Nov. 28th, 2023

[The Chair, Liberal, Judy Sgro]

Shall the chair's ruling be sustained?

(Ruling of the chair sustained: yeas 6; nays 5)

Next, we have CPC-6.

Is there a member who wants to move it?

Mr. Genuis, go ahead.

[Garnett Genuis, Conservative, Sherwood Park—Fort Saskatchewan, AB]

Thank you, Madam Chair.

We are concerned, based on reports we hear, that there has been a lack of interest from EDC and BDC in supporting investments that build up weapons-manufacturing capacity in key partners where such investments would be appropriate and aligned with the national interest of Canada and the vital strategic interests of the countries in question.

We're proposing an amendment to the Export Development Act designed to facilitate the building up of Ukraine's domestic munitions-manufacturing capacity. The amendment is as follows:

In carrying out its purpose under paragraph (1)(c), the Corporation shall give preference to the development of munitions manufacturing capacity in Ukraine.

I think that's fairly straightforward. Again, we want to see EDC and BDC—we will also have a separate amendment on BDC—be able to look at and consider and move forward with supporting investments that make sense and that would build up the munitions-manufacturing capacity of Ukraine so that it's able to have a secure, domestically sourced supply of the munitions it needs to be able to sustain its struggle for as long as required and liberate its territory and its people.

I hope this amendment will find support.

Thank you.

[The Chair, Liberal, Judy Sgro]

Thank you very much.

Amendment CPC-6 seeks to amend section 10 of the Export Development Act. As House of Commons Procedure and Practice, third edition, states on page 771, “an amendment is inadmissible if it proposes to amend a statute that is not before the committee or a section of the parent Act, unless the latter is specifically amended by a clause of the bill”.

Since section 10 of the Export Development Act is not being amended by Bill C-57, it is therefore my opinion that the amendment is inadmissible.

[Garnett Genuis, Conservative, Sherwood Park—Fort Saskatchewan, AB]

I'll challenge the chair.

[The Chair, Liberal, Judy Sgro]

Shall the chair's ruling be sustained?

(Ruling of the chair sustained: yeas 6; nays 5)

There are no amendments submitted for clauses 17 to 33. Do I have unanimous consent to group them for the vote?

[Simon-Pierre Savard-Tremblay, Bloc, Saint-Hyacinthe—Bagot, QC]

I would like a recorded vote on clause 27, please.

[The Chair, Liberal, Judy Sgro]

Do we have unanimous consent to group clauses 17 to 26?

[Some hon. members]

Agreed.

[The Chair, Liberal, Judy Sgro]

Shall clauses 17 to 26 carry?

(Clauses 17 to 26 inclusive agreed to on division)

(On clause 27)

[The Chair, Liberal, Judy Sgro]

Shall clause 27 carry?

[Simon-Pierre Savard-Tremblay, Bloc, Saint-Hyacinthe—Bagot, QC]

I request a recorded vote.

[The Chair, Liberal, Judy Sgro]

We'll have a recorded vote on clause 27.

[Kyle Seeback, Conservative, Dufferin—Caledon, ON]

I would like an explanation from our officials on clause 27, if we could.

[Adam Douglas, Senior Counsel and Deputy Director, Investment and Services Law, Department of Foreign Affairs, Trade and Development]

I'm happy to provide one. Thank you.

Clause 27 lists the Commercial Arbitration Act, which reflects the international commercial arbitration code and implements it into domestic Canadian legislation. Including arbitration provisions within the Canada-Ukraine free trade agreement and listing it in the Commercial Arbitration Act allows for the judicial review and enforcement of arbitral decisions taken underneath the Canada-Ukraine free trade agreement.

I should note, though, that the listing provided is inclusive, meaning that even if the Canada-Ukraine free trade agreement were not listed, arbitration decisions taken under its provisions would still be captured by the Commercial Arbitration Act.

I hope that's helpful.

[The Chair, Liberal, Judy Sgro]

We'll have a recorded vote on clause 27.

(Clause 27 agreed to: yeas 9; nays 2)

(Clauses 28 to 33 inclusive agreed to on division)

We have new clause 33.1. It's CPC-7.

Is there a member who would like to move it?

[Garnett Genuis, Conservative, Sherwood Park—Fort Saskatchewan, AB]

I'll do it, Madam Chair.

I'm warning members that this is their last chance to support one of my amendments. If they were planning on supporting one of them, this is it. This is the time.

Mr. Gerretsen, if you wish to support it, you can maybe consult with your whip to sub in. I won't go any further down that rabbit hole.

Madam Chair, the amendment I'd like to put forward is effectively the same as the previous amendment, except in this case it applies to BDC instead of EDC. This is to support BDC in making investments that would help develop domestic munitions-manufacturing capacity in Ukraine.

I think these changes are substantial and important. I hope that members will, at this late stage, have a clarification of conscience and do the right thing by supporting one of the many amendments that I have put forward, aimed at facilitating weapons export and manufacturing in Ukraine.

As we've said previously, what Ukraine needs most is not a carbon tax. I would say Ukraine doesn't need a carbon tax at all. What Ukraine needs is not provisions on carbon leakage that would effectively create the mechanism by which there could be pressure to further increase that. Rather, Ukraine needs the munitions and the support to prosecute this war and to achieve a decisive victory.

This is why we have put forward a series of amendments that, if adopted, would have significantly improved the process involved in munitions exports and supporting investments in munitions in Ukraine.

In all seriousness, I do hope that, rather than just voting against these measures, Liberals and New Democrats will take a serious look at what is required to support our partners and allies in Ukraine and support this amendment.

Thank you.

[The Chair, Liberal, Judy Sgro]

Thank you very much.

I appreciate your not going on too terribly long.

In spite of that, amendment CPC-7 seeks to amend section 4 and paragraph 14(5)(b) of the Business Development Bank of Canada Act. As House of Commons Procedure and Practice, third edition, states on page 771, “an amendment is inadmissible if it proposes to amend a statute that is not before the committee or a section of the parent Act, unless the latter is specifically amended by a clause of the bill.”

Since section 4 and paragraph 14(5)(b) of the Business Development Bank of Canada Act are not being amended by Bill C-57, it is therefore my opinion that the amendment is inadmissible.

[Garnett Genuis, Conservative, Sherwood Park—Fort Saskatchewan, AB]

I will challenge the chair.

(Ruling of the chair sustained: yeas 6; nays 5)

[The Chair, Liberal, Judy Sgro]

Thank you very much.

Now we have the last few clauses of the bill.

There are no further amendments submitted for clauses—

[Kyle Seeback, Conservative, Dufferin—Caledon, ON]

I've submitted an amendment to the clerk for clause 40.

[The Chair, Liberal, Judy Sgro]

Let's do clauses 34 to 39.

There are no amendments to clauses 34 to 39. Do we have unanimous consent to group them for the vote?

[Some hon. members]

Agreed.

[The Chair, Liberal, Judy Sgro]

(Clauses 34 to 39 inclusive agreed to on division)

They are carried on division.

We will suspend momentarily so we can distribute the amendment.

[The Chair, Liberal, Judy Sgro]

I'm calling the meeting back to order.

Mr. Seeback, would you like to speak to clause 40?

(On clause 40)

[Kyle Seeback, Conservative, Dufferin—Caledon, ON]

Yes. Thank you, Madam Chair.

I would like to move an amendment to clause 40 to add something at the end. The section now reads, “Subject to subsection (2), this Act comes into force on a day to be fixed by order of the Governor in Council.” I will add “after all references to carbon pricing and carbon leakage have been removed from the modernized Canada-Ukraine Free Trade Agreement”.