Bill C-24 (Historical)

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

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.

Opposition Motion—Softwood Lumber Agreement

[Tracey Ramsey, NDP, Essex, ON]

Mr. Speaker, I will be splitting my time with the member for South Okanagan—West Kootenay.

Before I begin my remarks, I would like to offer my sincere condolences to the friends and family of Jim Prentice. He was a respected parliamentarian, and my heart goes out to all of my colleagues who are mourning his tragic passing today.

Today's motion is timely, and I am glad my Conservative colleague from Battlefords—Lloydminster has brought it forward for debate. The motion urges the government to take all necessary steps to prevent a trade war with the United States over softwood lumber exports.

I absolutely support the motion. For the many thousands of Canadians whose livelihoods depend on this important industry, it is imperative that Canada secures a fair deal with the United States.

Softwood lumber is a vital part of Canada's forestry sector. For many rural communities, it is the backbone of their economy. According to Canada's labour force survey, in 2015, the forest industry accounted for 260,000 direct and indirect jobs, compared to just over 400,000 jobs in 2003. Hundreds of sawmills across Canada have been shuttered, taking with them high-quality, well-paid jobs, the kind of jobs on which families and communities depend.

Today, the softwood lumber industry is on the verge of more job losses. With the expiry of the 2006 SLA, producers are bracing for more U.S. tariffs, which will further devastate an industry that has already been hard hit by the long-standing dispute with the U.S., as well as factors like the recent recession, the crash of the U.S. housing market, and domestic issues like the spread of the pine beetle across British Columbian forests.

Canadian producers and workers are hoping that a new SLA will bring fairness and predictability.

The Canada-U.S. softwood lumber dispute first began in 1982. For nearly 35 years, the American industry has argued that Canadian producers benefit from subsidization, a claim that has been defeated time and time again.

Over the years, there have been several managed trade agreements and upon their expiration, more duties slapped on Canadian exports to the U.S. and more costly litigation. Canada has spent in the ballpark of $100 million in legal fees to defend our position.

After the previous agreement expired in 2001, the U.S. levied $5.4 billion in duties on Canadian imports, money that should have stayed in the pockets of Canadians. It was the beginning of a decade of massive job loss in the Canadian industry.

Soon after the Conservatives were elected in early 2006, they quickly negotiated a new agreement with little to no consultation with Canadian stakeholders. The result was a very controversial agreement that many argued represented a sellout of Canadian interests. For starters, it was based on the falsehood that Canada's industry was subsidized, which tribunal after tribunal has said is not the case. This set a terrible precedent that the rules of trade did not apply.

The agreement provided an option for Canadian regions of an export tax or a quota with an export tax at a lower rate. It took $50 million from Canadian industry to create a binding dispute settlement system where the U.S. was able to bring more actions against Canada. Perhaps most egregiously, the agreement allowed the U.S. to keep $1 billion of the duties it illegally levied on Canadian producers.

At the time, BMO Nesbitt Burns analyst, Stephen Atkinson, said, “Why would you give 22 per cent to your competition?...This money belongs to the companies and their shareholders, and the Canadian government is giving it away.”

Canadians were furious with the 2006 SLA. When the Conservatives brought it to Parliament in the form of Bill C-24, the NDP argued vehemently against the agreement. When we look back at this agreement, it is fair to say that the Conservatives caved to American interests. Today, it is imperative that the Liberals do not do the same.

As we know, the 2006 agreement was renewed in 2012 and expired last October. The Liberals love to blame the Conservatives for failing to initiate negotiations on a new agreement. It would seem the Conservatives made zero effort to work on the issue before the election. However, the current government must shoulder the responsibility for its role in failing to get a new deal done in time. For months, the government has hinted at breakthroughs that have never materialized.

In March, the Prime Minister boasted, “I'm confident that we are on a track towards resolving this irritant in the coming weeks and months.” That is from the CBC. The fact is that the Liberals broke their own commitment and failed to get a deal done before time ran out.

Beyond softwood specifically, the government does not seem to have a plan for the forestry sector. The federal budget contained no vision for supporting this important industry, which provides jobs right across Canada. It also failed to renew funding for the forest innovation program, which expired earlier this year.

The international trade committee undertook a brief study of softwood lumber earlier this spring, given that the expiry of the standstill clause was fast approaching. Over the course of two meetings, we heard from witnesses from British Columbia, Quebec, and Atlantic Canada. We heard a lot of frustrations about how Canada had gotten to the place it was at now. The 2006 SLA was a bad deal and the Conservatives did a poor job of negotiating it.

While many concede that another managed trade deal is better than more costly litigation, there is something inherently unfair about the fact that despite continued findings that Canada is not in the wrong, we continue to negotiate agreements that are clearly in the interests of U.S. industry. Many witnesses expressed a desire to see Canada and the U.S. reach a negotiated settlement, one that would work for all our regions. However, I also heard very clearly that people did not want another bad deal. Quebec, for example, has made a lot of changes in its forestry practices and any new agreement must recognize these and other regional differences. A one-size-fits-all solution simply will not do.

One important voice we did not get to hear from at committee was labour. The United Steelworkers, which represents some 40,000 forestry workers, has laid out several requirements for what it would like to see happen now that the 2006 SLA has expired.

It wants the creation of provincial forest community restoration fund. These funds would be invested in workers, forest-dependent communities, and forest health. It wants fair access to the U.S. lumber market and discourages a new quota system. It also wants a guarantee that Canadian producers will have the same access to the U.S. market that other countries will enjoy.

I appreciate the perspective of the United Steelworkers because it represents the workers' point of view. For workers, these three things would help give them greater job security and strengthen, instead of weaken, the industry.

The committee's final report made five recommendations to the government, including that it get a deal done that would serve Canadian interests, that it consult with big and small producers, and that any new deal respect regional differences. The committee submitted its report to the House last spring, but as the summer went on, we continued hearing worry and concern over the lack of progress on the government's part. In August, opposition committee members, including myself, pushed for a summer meeting to get an update from the department.

We also called on the government to broaden its consultations and convene a round table of stakeholders that had been excluded in the past. The Liberals rejected this proposal and, quite shockingly, called the whole meeting a waste of time.

In just a few short months, Canadian producers expect to be hit with U.S. tariffs of around 25%. Mills will be shut down right across Canada. Thousands of jobs will be lost. It is extremely important that the government gets this deal done right and gets it done fast. I hope the government understands the gravity of what these job losses will mean in our communities: thousands of people with no jobs to go to, no more paycheques to bring home, and families worried about how to pay the rent or make the next mortgage payment.

I am from southwestern Ontario and people in Essex know what it is like to lose a lot of jobs in one sector. It is tough and people are resilient, but it is very difficult for families and communities to work through these types of events. I urge the government to act in the interests of those whose jobs are on the line. That means getting the deal right and working collaboratively with the communities that will be impacted by another round of duties.

If the Liberal government is serious about holding out for a good deal, instead of signing a bad one tomorrow, then it owes Canadians more transparency and openness about how it will help Canada's industry weather this impending trade storm. Some in the industry want the government to provide loan guarantees to help them deal with a new round of U.S. duties. If this prevents sawmills from closing and jobs from being lost, then it is imperative that the government provide this support. Canadians deserve answers from the government, not more empty promises and hollow words about meetings and consultations.

The New Democratic Party supports this motion and urges the government to make a new agreement that is in the best interests of Canadians a top priority.

Report Stage Amendments—Speaker's Ruling

[The Speaker, Andrew Scheer]

Before addressing the selection and grouping of report stage motions for Bill C-23, An Act to amend the Canada Elections Act and other Acts, I would like to address the point of order raised on May 6, 2014, by the hon. member for Saanich—Gulf Islands.

I would like to thank the member for Saanich—Gulf Islands for raising this matter as well as the Government Leader in the House, the House leader of the official opposition, and the members for Toronto—Danforth, Bas-Richelieu—Nicolet—Bécancour, and Winnipeg North for their comments.

The member for Saanich—Gulf Islands raised concerns that the Standing Committee on Procedure and House Affairs adopted a motion requiring all remaining questions necessary to dispose of its clause-by-clause consideration of the bill to be put by a specified time, effectively creating a deadline for the debate to end. She argued that this motion contradicts an earlier committee order adopted on October 29, 2013, which gives members from non-recognized parties the ability to speak to their suggested amendments to bills before they are voted on by the committee. Because of the imposed deadline, the member's opportunity to speak to her amendments was interfered with, pursuant to the committee order of October 29, 2013. As such, the member for Saanich—Gulf Islands suggested that substantive amendments, even if already voted on by the committee, should be selected for consideration at report stage. Several members rose in support of the member for Saanich—Gulf Islands' point of order.

The government House leader made two central points in response. First, he reminded the House that at report stage the Speaker's authority to select report stage amendments is limited to determining whether they were presented, or could have been presented at committee. Second, he pointed out that the deadline adopted by the committee affected all members the same way, so it is inaccurate to claim that members from unrecognized parties and independents were particularly penalized in this regard.

In examining the matter, it is useful to remind the House of the power of the Speaker to select amendments at report stage. To place the matter in its proper context, it is helpful to refer to the March 21, 2001, statement by Speaker Milliken, found at page 1991 of the Debates, which establishes the guidelines upon which I rely to discharge my responsibility to select amendments at report stage. Speaker Milliken was clear in his intent when he urged:

…all members and all parties to avail themselves fully of the opportunity to propose amendments during committee stage so that the report stage can return to the purpose for which it was created, namely for the House to consider the committee report and the work the committee has done…

These principles are also reflected in the interpretive notes attached to Standing Orders 76(5) and 76.1(5). House of Commons Procedure and Practice, second edition, further expands on these principles, explaining at pages 783 and 784 that:

…the Speaker will normally only select motions in amendment that could not have been presented in committee.

I would remind all members that the guidelines for selection specify whether amendments could have been presented in committee and whether they were defeated in committee. In the case of the committee's consideration of Bill C-23, all members of the committee, as well as any interested independent member, were given the opportunity to present their amendments at committee, and a certain number of these amendments were defeated. The hon. member is now asking the Chair, in exercising its powers of selection, to evaluate whether the consideration afforded such amendments in committee was sufficient.

It is evident that the committee chose to handle its consideration of Bill C-23 in a particular way. A motion setting out the process to be followed was proposed, debated, and ultimately agreed to. Just as the opportunity to present and speak to amendments was decided by way of a committee motion, the deadline by which debate would end likewise was decided by a committee motion. Such decisions are the exclusive responsibility of the committee. I do not believe that it is for the Chair to second-guess how committees choose to manage their business.

The hon. member has asked that I select motions for consideration at report stage because she was not able to debate them in committee. In doing so, she referred to a ruling I gave on December 12, 2012, whereby I noted that I would continue to select motions from independent members at report stage until such time as a satisfactory method was found for them to participate in the clause-by-clause consideration at committee. I understand that the hon. member found unsatisfactory the opportunities afforded to her at the procedure and House affairs committee in relation to Bill C-23. Other members of the committee echoed they too were not satisfied that certain amendments were not debated once the committee's self-imposed deadline was reached. That said, it remains clear to me that the committee considered and voted on all amendments she is asking me to select.

In 2006, Speaker Milliken dealt with a somewhat analogous situation in relation to Bill C-24, the Softwood Lumber Products Export Charge Act.

On November 6, 2006, the hon. member for Burnaby-New Westminster raised a point of order regarding the decision of the Standing Committee on International Trade to limit debate and set a strict deadline by which point debate would end.

Though the situation was different insofar as he was a member of the committee concerned, I believe Speaker Milliken's response, found on page 4756 of Debates, was instructive:

I do think that committees are masters of their own procedure. They are entitled to make provisions in adopting orders in the committee that govern the way they are going to conduct their business...The committee is allowed to make amendments to the bill. The committee has imposed rules on how those amendments will be dealt with in the committee and how members will be able to address the issues raised by the amendments. It seems to me that [it] is entirely within the jurisdiction of the committee and indeed [it] is [a] quite normal exercise of its powers.

When the bill was taken up at report stage, the member for Burnaby—New Westminster submitted a large number of the amendments that had been defeated in committee, and asked the Chair to select them on the basis that they had not been debated in committee.

In a ruling I gave as Acting Speaker on November 21, 2006, found on page 5125 of Debates, I declined to do so, reminding the House that:

...the Chair selects motions which further amend an amendment adopted by a committee, motions which make consequential changes based on an amendment adopted by a committee and motions which delete a clause.Aside from this, the Chair is loath to select motions unless a member makes a compelling argument for selection based on the exceptional significance of the amendment.

As far as the Chair is concerned, in keeping with past precedents, I cannot see how the imposition of a deadline for the end of the debate could constitute a justifiable argument for the selection of amendments at report stage that were already presented and defeated in committee.

Notice of Motion

[Peter Van Loan, Conservative, Minister of International Trade]

Mr. Speaker, pursuant to Standing Order 83(1), I have the honour to table a notice of a ways and means motion to amend the Softwood Lumber Products Export Charge Act, 2006. I ask that an order of the day be designated for consideration of the motion.

Mr. Speaker, while I am on my feet, I move:

That the House do now proceed to orders of the day.

Canada-Colombia Free Trade Agreement Implementation Act—Speaker's Ruling

[The Speaker, Peter Milliken]

I am now prepared to rule on the point of order raised on October 9, 2009, by the hon. member for Argenteuil—Papineau—Mirabel regarding the use of Standing Order 56.1 to disallow further amendments and subamendments at the second reading stage of Bill C-23, Canada-Colombia Free Trade Agreement Implementation Act.

I want to thank the hon. member for Argenteuil—Papineau—Mirabel, as well as the hon. member for Vancouver East and the hon. Minister of State and Chief Government Whip for their comments.

The member for Argenteuil—Papineau—Mirabel argued that the motion of the Leader of the Government in the House of Commons, having been moved pursuant to Standing Order 56.1, should be ruled out of order since it does not fall within the definition of a routine motion as prescribed in that Standing Order. Instead, he argued that the Standing Order was used to limit debate, in the same fashion as moving the previous question.

In addition to agreeing with the arguments raised by the member for Argenteuil—Papineau—Mirabel, the member for Vancouver East expressed concern about the expanded use of Standing Order 56.1 and the “creeping, sort of incremental change” accompanying this, which then led her to question the appropriateness of its use in this case. She added that there are other mechanisms available to the government to manage the amount of time allocated to debate on Bill C-23.

The chief government whip contended that the government was applying Standing Order 56.1 correctly and that there had been previous instances where the Standing Order was used in this fashion.

For the benefit of members, the motion adopted on October 9, 2009, reads as follows:

That, notwithstanding any standing order or usual practices of the House, the second reading stage of Bill C-23, An Act to implement the Free Trade Agreement between Canada and the Republic of Colombia, the Agreement on the Environment between Canada and the Republic of Colombia and the Agreement on Labour Cooperation between Canada and the Republic of Colombia, shall not be subject to any further amendments or sub-amendments.

As mentioned by the member for Vancouver East, similar concerns over the expanded use of Standing Order 56.1 were raised in 2001 when it was used for the disposition of a bill at various stages. When I ruled on that point of order on September 18, 2001 in the Debates at pages 5256 to 5258, I expressed reservations about the trend toward using that Standing Order for purposes other than for motions of a routine nature. My predecessor had already urged the Standing Committee on Procedure and House Affairs to examine the use of Standing Order 56.1, and I reiterated this need for the committee to do so at the earliest opportunity.

In the absence of such feedback, on May 13, 2005 in the Debates at pages 5973 to 5974, I allowed a motion that provided for the completion of the second reading stage of two bills to be moved pursuant to Standing Order 56.1. Again, I highlighted the fact that the Standing Committee on Procedure and House Affairs still had not undertaken a study of Standing Order 56.1, and as such, I was not in a position to rule definitively on the appropriateness of that Standing Order's use and I stated the following on that occasion.

I believe having had nothing back [from the committee] I can only allow this one to proceed at this time, particularly so when the time allocated here is much more generous than would be the case under closure or under time allocation…Accordingly the motion appears to be in order.

Similarly, on October 3, 2006, I allowed a motion moved pursuant to Standing Order 56.1 which in part disallowed further amendments or subamendments to the second reading stage of Bill C-24, the Softwood Lumber Products Export Charge Act, 2006. Another motion with such provisions was allowed to proceed on December 12, 2007, in reference to Bill C-28, An Act to implement certain provisions of the budget tabled in Parliament on March 19, 2007 and to implement certain provisions of the economic statement tabled in Parliament on October 30, 2007.

As was the case in those two most recent examples, even though the current motion disallows further amendments and subamendments, it still allows members who have not yet done so to speak to the amendment and the main motion. Furthermore, as I then stated in my ruling in the Debates on October 3, 2006 at page 3571:

The motion does not set a deadline for completion of the proceedings, as would be the case under time allocation or closure...There is a significant difference.

This does not, however, negate the concerns expressed by members over time about the need for a clearer and agreed upon understanding of this Standing Order. The following quote from my 2006 ruling still applies in this case:

My predecessor and I have both encouraged the Standing Committee on Procedure and House Affairs to examine the appropriate use of the Standing Order. To date I am not aware of any report by that committee on this question.

Should the House feel the need to change the parameters pertaining to the use of Standing Order 56.1, I would suggest once more that members bring their concerns to the Standing Committee on Procedure and House Affairs. Since the committee has not yet offered clear direction on the definition of Standing Order 56.1, and since motions disallowing amendments and subamendments have been ruled admissible in the past, I rule that the motion moved by the Government House Leader on October 9, 2009 is in order.

I thank hon. members for their attention.

Opposition Motion—Forestry Industry

[Marc Garneau, Liberal, Westmount—Ville-Marie, QC]

Mr. Speaker, first of all l would like to thank the hon. member for Halifax West for his insightful comments.

I thank my Bloc colleague for his motion and want him to know right off that I share his opinion on the need to establish a plan to help the forest industry. My party therefore supports the spirit of this motion. However, my colleague will not be surprised to hear me say that the plan should apply to the industry as a whole and not just to the portion of it in la belle province of Quebec.

The forest industry in Quebec, the Maritimes, Ontario, Alberta and British Columbia is facing major challenges these days. If we think back, we will remember that the Liberal government itself put forward a forestry strategy in 2005.

On November 24, 2005, the Liberal government announced, in partnership with forest industry stakeholders, a true plan for the forestry sector, a forest industry competitiveness strategy committing $1.5 billion over five years. This strategy included: $215 million for the development of new technologies in areas such as the pulp and paper industry to enhance its competitiveness; $50 million to support the forest industry to develop bioenergy and cogeneration power technology; $90 million to support innovation in value-added wood products; $66 million in wood product market development; $10 million to enhance workplace skills in the forest sector; $150 million to help forest dependent communities diversify economically; $800 million in loan support to help Canada's forest companies invest to improve competitiveness; and $100 million in loan support for small forest sector businesses.

We can see that the Liberal government had anticipated quite a bit of what is happening today. Upon forming government in 2006, the Conservatives, however, cancelled the plan. Today Canadian forestry workers are paying the price for that action. Instead of investing then in improving technology, skills and competitiveness to strengthen the industry and to save jobs, Canada now faces tens of thousands of job losses. Since the Conservatives took over government, Canada has lost 18,000 forest sector jobs. Not only that, they negotiated a poor settlement on the softwood lumber dispute and we are paying the price today.

As regards the softwood lumber agreement with the United States, the Liberal Party of Canada has always supported a two-step approach to resolving the dispute over softwood lumber—arbitration by the courts and negotiation.

On September 19, 2006, the Liberal Party voted against the agreement on softwood lumber, and, on December 6, 2006, against Bill C-24 on the softwood lumber export fees. The Liberal Party wanted to be sure the Conservative government would respect the North American Free Trade Agreement and keep its election promise to recover all the customs duties collected illegally by the United States.

We believe the softwood lumber agreement is full of holes for the following reasons.

It is a reversal of the position adopted by successive federal governments and supported by NAFTA and World Trade Organization trade panels that our softwood lumber sector is not subsidized.

It compromises Canada's chances of helping a sector already in difficulty, by handing part of our sovereignty over our natural resources to our American competitors. The fallout of such capitulation will be felt in future disputes, which will no doubt arise not only in the softwood lumber industry, but also in other sectors facing the same accusations by our American competitors.

It creates an export tax, which, at the current rate, is in fact higher than the illegal American customs duties of the past.

It strips NAFTA of any credibility as arbitrator of trade disputes and voids the principles governing such discussions.

It drops $500 million into the hands of the American forestry sector, which uses it to fund legal and political attacks against the Canadian industry and another $500 million into the hands of the American government.

And, finally, it contains anti fluctuation provisions that will deny the Canadian industry the flexibility it needs to deal with the unexpected, such as the infestation of the pine beetle.

The Conservatives claim that their softwood lumber agreement put an end to the dispute, but the United States began consultations questioning the forestry policies of Ontario and Quebec within seven months of signing the agreement.

Nova Scotia, British Columbia and Alberta face the same attacks. It is the $500 million the Conservatives handed over to the Americans that is being used to finance these attacks. On April 4, 2007, the Liberal Party announced that a Liberal government would organize a national summit on the forestry sector bringing together the stakeholders—public officials, the localities involved and the forestry sector—to work out responsible measures for the environment and protect jobs in the Canadian localities.

Instead of being proactive in investing to strengthen the industry, the Conservatives are now being reactive, announcing band-aid programs. The Conservatives' lack of vision has led to this crisis in the forest sector and caused many Canadians their jobs.

For our softwood industry, the Conservatives' softwood lumber deal has also been a failure. The Conservatives rushed into a flawed agreement that left $1 billion in the pockets of the United States. The Conservative government said that the softwood lumber agreement would put an end to litigation, yet Canada is back in court.

Unlike the Conservatives, the Liberal Party believes that there is a role for government to play in helping these sectors and the workers who depend on them.

My party has long recognized that action is essential. Accordingly, it is prepared to support a real plan to help the forest industry, a plan that would include a series of specific measures to ensure sustainable development.

Standing Committee on Aboriginal Affairs and Northern Development--Speaker's Ruling

[The Deputy Speaker, Bill Blaikie]

Before going to orders of the day I would like to give the ruling on the point of order raised by the hon. member for Wascana regarding the use of Standing Order 56.1 to timetable the proceedings on a bill in the Standing Committee on Aboriginal Affairs and Northern Development.

On May 31, 2007 during routine proceedings the government House leader sought, but did not obtain, unanimous consent of the House to move the following motion:

That, notwithstanding any Standing Order or usual practices of the House, when the Standing Committee on Aboriginal Affairs and Northern Development convenes a meeting, it shall not be adjourned or suspended until it completes the committee stage of Bill C-44 except pursuant to a motion by a parliamentary secretary and, provided the bill is adopted by the committee, agrees to report the bill to the House within two sitting days following the completion of the committee stage.

He then moved the motion again pursuant to Standing Order 56.1 and the motion was adopted when fewer than 25 members rose to object. A short time later, the hon. member for Wascana raised a point of order regarding the use of Standing Order 56.1. He was supported by interventions from the hon. member for Joliette and the hon. member for Hamilton Centre, while the Parliamentary Secretary to the Leader of the Government in the House of Commons argued that the motion adopted earlier had been appropriately presented under Standing Order 56.1.

Given that a meeting of the Standing Committee on Aboriginal Affairs and Northern Development was imminent, I delivered an immediate ruling promising that the Chair would return to the House later with reasons. I am now prepared to do so.

First, the Chair would like to thank all hon. members who intervened on the point of order for their contributions on this question and is particularly grateful that members have taken note of certain key rulings, specifically those the Speaker delivered on September 18, 2001 and October 3, 2006.

A key element in my ruling today is the fundamental precept that standing committees are masters of their own procedure. Indeed, so entrenched is that precept that only in a select few Standing Orders does the House make provision for intervening directly into the conduct of standing committee affairs. In addition to the power the House has to give instructions to committees by way of a substantive motion that is subject to debate, there are, of course, Standing Orders 57 and 78, which can be used by the House to allocate time or for closure proceedings on a bill in committee. It is toward the use of these very instruments that the Speaker directed the House in his ruling of September 18, 2001, on Debates page 5257, where, as the hon. member for Wascana pointed out, the Speaker stated:

The expanded use of Standing Order 56.1 since 1997 causes the Chair serious concern. The government is provided with a range of options under Standing Orders 57 and 78 for the purpose of limiting debate.

Let us now turn to the Speaker’s ruling of October 3, 2006 allowing the use of Standing Order 56.1 to extend, in an open-ended fashion, the debate on Bill C-24, the Softwood Lumber bill.

It should be noted at the outset that when Standing Order 56.1 was used in reference to Bill C-24, the bill was then before the House at second reading, not before a standing committee. In allowing the use of Standing Order 56.1 in that case the Speaker did so with some concern and on the basis that:

The precedents available to me, including my own previous rulings, are [therefore] insufficient for me to rule the motion out of order on this occasion.

This is part of the Speaker's ruling quoted by the Parliamentary Secretary to the Leader of the Government in the House of Commons. At the time the Speaker had more to say. He also encouraged, as had Mr. Speaker Parent before him, the Standing Committee on Procedure and House Affairs to examine the appropriate use of this Standing Order, a pretty clear indication of the difficulties with which the House has had to deal when Standing Order 56.1 has been invoked in questionable circumstances.

In the present case, the Chair has looked carefully at the wording of Standing Order 56.1, which states in reference to the House itself that the Standing Order can be used to move motions in relation to “the management of its business” and “ the arrangement of its proceedings”. Interestingly, the only reference to committees in the Standing Order is one allowing motions for “the establishing of the powers of its committees”, suggesting that the rule was meant to be used not to reach into the conduct of standing committee affairs to direct them, but rather in a routine manner, to provide them powers they do not already possess. A review of the previous uses of Standing Order 56.1 appears to support this. The only examples dealing with standing committees or standing committee activity the Chair has been able to find have to do with granting standing committees the power to travel. The power to travel is, as all hon. members know, a power standing committees do not possess and so the use of Standing Order 56.1 in that regard falls squarely within the parameters of the rule.

Accordingly, to repeat the words I used when this matter was first raised, the use of Standing Order 56.1 to direct the business of the committee, of any committee, is a new development in the House and one that I find out of order.

I thank all hon. members who intervened for bringing this matter to the attention of the House.

Standing Committee on Aboriginal Affairs and Northern Development

[Tom Lukiwski, Conservative, Regina—Lumsden—Lake Centre, SK]

Mr. Speaker, I thank my colleagues for their interventions, although I believe that you will find in your ruling that there has been precedents set, as was in the case of Bill C-24, and you will rule this motion in order.

I just want to respond to my colleague, the hon. House leader for the Bloc Québécois, who was making the argument that perhaps in some manner, witnesses coming from far afield would be inconvenienced. In fact, just the opposite is true. Witnesses are already here, witnesses from Saskatchewan and other provinces, since there is a committee meeting starting in approximately four minutes.

Therefore, there is absolutely no inconvenience to any witnesses. In fact, it gives them an even longer opportunity to present their case before the committee so that the committee will have the ability, should it choose to sit extended hours.

I would argue that there is more opportunity for not only witnesses but committee members to discuss this bill and in fact, that is quite the opposite of closure. It is giving all committee members an opportunity to speak for as long as they wish, which I think, quite frankly, is entirely democratic.

Document for Committee Chairs

[Jay Hill, Conservative, Prince George—Peace River, BC]

Mr. Speaker, if the hon. member for Halton wants to continue to heckle, perhaps he can add to the debate after I am done instead of just shouting out his nonsense.

The reality is that this is a similar document that all parties produce to help train their individual members. I note that this internal document, as I say, is not a government document. It is something that was produced by the Conservative Party to assist our chairs.

Since the NDP members are so concerned about this, perhaps they could reveal to us their playbook or explain their tactics when they were delaying and continue to delay Bill C-45, the Fisheries Act; or Bill C-44, the amendments to the Human Rights Act; or their earlier extensive delay in filibustering Bill C-24, the softwood lumber act. In all of those things they employed tactics to delay passage of government legislation.

What about a chapter from their playbook dealing with moving concurrence motions to obstruct government legislation from following the due process and the procedure that we have become accustomed to in passing through the chamber? Instead, they resort, almost daily, to moving concurrence motions to delay that legislation.

I have remarked that the further training of our chairs, our committee members and, indeed, all of our caucus is to ensure that we are well aware of any procedural tools that we might have as a government, recognizing that we are a minority government and that we are outnumbered, not only in the chamber but at each and every standing committee. When we are confronted, as we have been by the opposition parties, which have become increasingly obstructionist, with a lot of legislation, we need to ensure we use every possible tool at our disposal to get our legislation passed through the committees, passed through the chamber and ultimately passed through a Liberal dominated Senate to become law in order that we can keep the promises that we made to the Canadian people in the last election campaign.

I have been noting that the people of Canada did not elect a coalition government of opposition parties. They elected a minority Conservative government and we have been trying to govern as such.

It is certainly my contention that this is an internal party document and that all parties have similar types of documents. It is beyond the pale that we would start out this final week with this bogus question of privilege.

Softwood Lumber

[Helena Guergis, Conservative, Simcoe—Grey, ON]

Mr. Speaker, I am pleased to stand here in the House as the Parliamentary Secretary to the Minister of International Trade and tell members that a lot of hard work and negotiations went into the softwood lumber agreement. Not only am I proud that Bill C-24 passed, but I am also proud to be part of a government that does what it says it is going to do and works as a team.

On Wednesday I was disappointed to see all but two Liberal MPs stand in the House of Commons and vote against the softwood lumber agreement. This is shameful, given the support for the agreement by the provinces, including the province of Quebec, where the new Liberal leader is from, and the support from industry, labour and unions in Quebec.

How could the Liberals not support an agreement that is obviously in the best interests of Canada? This further demonstrates the Liberal tradition of playing political games. By not supporting the deal, the Liberals are putting their own partisan interests ahead of the needs of all Canadians.

Softwood Lumber Products Export Charge Act, 2006

[The Speaker, Peter Milliken]

It being 3:10 p.m., the House will now proceed to the taking of the deferred recorded division on the motion at the third reading stage of Bill C-24.

Call in the members.

The House resumed from December 5 consideration of the motion 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, be read the third time and passed.

[Robert Bouchard, Bloc, Chicoutimi—Le Fjord, QC]

Mr. Speaker, I am going to use the few minutes available to me to offer a brief summary of the situation as it relates to the softwood lumber agreement signed on July 1, between Ottawa and Washington.

As everyone knows, we have not been too eager to support Bill C-24. I come from a region, Saguenay—Lac-Saint-Jean, that has been greatly affected by the softwood lumber crisis in recent years. That is in fact the reason why I wanted to talk about this issue again today.

Many of my colleagues from Quebec are going through a similar situation. In our respective regions, when the sawmill shuts down, the entire local economy is affected.

For example, the municipality of Ferland-et-Boilleau, in my riding, falls into the one-industry category, because 80% of local jobs depend on that economic activity. Obviously, the problems the forestry industry has been experiencing for several years have had major economic and social consequences for that municipality.

The situation is not rosy for the forestry sector. This agreement is only one step in the right direction. Once again, last weekend, the municipality of Normandin in Lac-Saint-Jean watched as Gémofor sought the protection of the Bankruptcy and Insolvency Act. I would point out that Gémofor employed nearly 150 men and women. The uncomfortable situation the company now finds itself in is not encouraging for the people in that community.

These are just a few examples. But a large number of sawmills, like P.H. Lemay and Péribonka, have been affected by the crisis in recent months.

At present, the government seems to be wanting to wait for the market to sort itself out while abandoning hundreds of businesses to their fate. This is a dangerous game because a number of rural regions could see their economies completely wiped out by this kind of decision.

This industry is indeed on its last gasp, at the end of its rope. It would be better to accept this bad agreement than to risk losing those businesses. Now that the agreement has been ratified, it is up to the government to put a set of measures in place as quickly as possible to assist the softwood lumber industry, which is facing serious difficulties at the very moment when it has been weakened by a lengthy trade dispute.

The industry needs immediate assistance to avoid these plants having to bear the costs of the federal government’s failure to support them.

I had the opportunity to speak on this subject in September and I would once again like to refer to some statistics that prove the new agreement is not enough to ensure the survival of the forestry sector. In early September, the Bowater sawmill at Saint-Félicien was forced to lay off 140 employees for an indefinite period.

The Coopérative forestière de Girardville announced that an investment of a million dollars would be needed to restart its operations.

Finally, the PFS sawmill in Petit-Saguenay is due to re-open its doors after initially shutting down for what was expected to be two weeks. Meanwhile, the sawmill has decided to discontinue its second work shift due to market difficulties.

These are just some examples of what is happening in many municipalities in Quebec and across Canada.

Although it is a statistic that I have already referred to in this House, I would like to mention it again. The softwood lumber crisis led to the loss of 3,000 jobs in my region of Saguenay—Lac-Saint-Jean—yes, 3,000 direct jobs —and the situation continues to get worse.

We are living through a crisis without precedent and the conditions for profitable operation are very difficult. A good number of forestry companies will have no other choice than to restructure or to realign their activities or their plants in order to remain competitive.

The root cause of the problem remains intact. The situation will continue to get worse if quick action is not taken. The problem is most acute in the resource regions of Quebec and it is difficult to close our eyes to this situation.

For several years, the Bloc Québécois has been calling for the introduction of a support program for older workers. The Bloc Québécois has intervened three times in the House of Commons to demand the implementation of a new POWA.

Unfortunately, the announcement of the Conservative program in October turned out to be worse than we feared because the assistance is not immediate and takes the form of a two-year pilot project that is under-funded and does not respond to the needs of older workers.

Indeed, a large part of the program consists solely in helping workers retrain. When an entire community suffers the hardship of a massive layoff, real action has to be taken. Regrettably, workers who are more than 55 years old and have difficulty finding another job cannot benefit from such a program.

That is why the Bloc Québécois believes that now that we have accepted a sellout agreement, it is incumbent on the government to put in place programs that will enable communities and companies that depend on the forests to diversify their economies.

The Bloc Québécois proposes to increase the budget that the federal government allocates for economic diversification of forestry regions. It also proposes that the funds be transferred to the Government of Quebec to avoid duplication of effort. Consequently, we are talking about a sum of $50 million over three years, strictly for Quebec. The federal government has the means to assist an economy that greatly needs support.

In closing, I would like to point out that Bill C-24 does not solve the structural problems in the market. In the coming months, measures must be introduced to avoid a collapse of the forestry sector. Moreover, I hope the minister will act on the resolution from the RCM of Lac-Saint-Jean-Est, in my region of Saguenay—Lac-Saint-Jean. The resolution adopted in September calls on the federal government to provide greater support to the forest industry.

[Pat Martin, NDP, Winnipeg Centre, MB]

Mr. Speaker, perhaps my colleague was not here for the earlier part of my speech. The NDP is not supporting the bill. The NDP is vehemently opposed to Bill C-24. In fact, my colleague from Burnaby--New Westminster was the sole voice on the standing committee that objected in the strongest possible terms to having this very flawed piece of legislation rammed down our throats.

Perhaps I misspoke or perhaps my colleague did not hear me clearly, but let me phrase it for him one more time. The NDP is opposed to Bill C-24. We will vote against it because we believe that we left $1 billion on the table, notwithstanding the very real point my colleague raises about there not even being any interest on that money. It is in actual fact the $5.3 billion of illegal duties taken by the United States. If we add even a nominal rate of interest, it is actually much more money than that currently.

We believe that $500 million that is going to the U.S. Coalition for Fair Lumber Imports will be used to launch the next volley of assault toward the Canadian softwood lumber producers. In other words, we are financing through our own money that was taken from us illegally the next trade challenge against us.

[Pat Martin, NDP, Winnipeg Centre, MB]

Mr. Speaker, there are two key areas that the NDP finds fault with in Bill C-24. The first is the money that was left on the table, the billion dollars that could have been rightfully returned back to the softwood lumber producers.

My colleague is saying that is the past and ancient history. In actual fact we have now financed the next attack of the American softwood lumber producers on Canadian softwood lumber producers because my colleague should not think for a minute that this is the end of the harassment by the Americans. This deal does not protect Canadian producers adequately.

The second objection the NDP has, which I cited earlier, is the whole issue of forfeiting our Canadian sovereignty in the administration of our own softwood lumber industry. I am sure my colleague would agree with me that the notion is fundamentally reprehensible that some other country should dictate to the province of Quebec how it manages its softwood lumber industry in that province. It is an affront to Canadian sovereignty. It is an affront to the jurisdictional sovereignty of the province of Quebec that it would now have to have any of these changes vetted through Washington before it would be allowed to change.

That means a change in stumpage fees, a change in cutting rights, or a change in the way that the forest is managed and administered would now have to be cleared through Washington. The Americans will try to ensure that this does not constitute any kind of a subsidy because in their minds almost everything that Canada does to look after our own best interests constitutes a subsidy.

We are damaged. We are suffering on two fronts: first, the pure financial aspect that we have $1 billion less to create jobs and to revitalize our industry, money that our softwood lumber industry players could have used to reinvest, retool, and use in research and development; and second, this affront to Canadian sovereignty that the Americans will now dictate how we manage our assets in the forestry industry.

The House resumed consideration of the motion 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, be read the third time and passed.