Softwood Lumber Products Export Charge Act, 2006

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

This bill is from the 39th Parliament, 1st session, which ended in October 2007.

Sponsor

David Emerson  Conservative

Status

This bill has received Royal Assent and is now law.

Summary

This is from the published bill. The Library of Parliament has also written a full legislative summary of the bill.

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

Elsewhere

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

Bill numbers are reused for different bills each new session. Perhaps you were looking for one of these other C-24s:

C-24 (2022) Law Appropriation Act No. 2, 2022-23
C-24 (2021) Law An Act to amend the Employment Insurance Act (additional regular benefits), the Canada Recovery Benefits Act (restriction on eligibility) and another Act in response to COVID-19
C-24 (2016) Law An Act to amend the Salaries Act and to make a consequential amendment to the Financial Administration Act
C-24 (2014) Law Strengthening Canadian Citizenship Act
C-24 (2011) Law Canada–Panama Economic Growth and Prosperity Act
C-24 (2010) Law First Nations Certainty of Land Title Act

Votes

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

Motions in amendmentSoftwood Lumber Products Export Charge Act, 2006Government Orders

November 21st, 2006 / 1:05 p.m.

Conservative

James Lunney Conservative Nanaimo—Alberni, BC

Mr. Speaker, the member talks about money coming back because of the Court of International Trade ruling. He knows full well that the U.S. industry announced that if it was not for this agreement being in place, it would have immediately launched an appeal. That appeal was not launched because of the good work of this Conservative government in arranging an agreement that prevented the U.S. industry from appealing that ruling. The member knows that to be the case and he continues with his NDP “pat themselves on the back spin”.

I want to discuss another issue which is the concern about the move to private lands. Port Alberni, which has been hit so hard by this issue, has also been hit hard by rain recently. Next to the town of Port Alberni is a huge of tract of land on the Beaufort Range that has been the subject of extensive logging because of private land practices there. In fact, back in January there was an investigation. Forest officials were brought in to examine the blowout in the water and there was a boil water advisory as a consequence of that. There have been some very serious changes with the Private Managed Forest Land Council--

Motions in amendmentSoftwood Lumber Products Export Charge Act, 2006Government Orders

November 21st, 2006 / 1:05 p.m.

The Acting Speaker Andrew Scheer

Resuming debate, the hon. member for Sydney—Victoria.

Motions in amendmentSoftwood Lumber Products Export Charge Act, 2006Government Orders

November 21st, 2006 / 1:05 p.m.

Liberal

Mark Eyking Liberal Sydney—Victoria, NS

Mr. Speaker, I rise to speak at report stage of Bill C-24, commonly referred to as the softwood lumber bill. It is with great disappointment that we have witnessed some of the actions of the members opposite trying to make our committee non-functional.

The hon. member said that he liked me, but it is with great sadness that I find that the hon. member is taking me off his Christmas card list. This is not the spirit of the season and I hope he reconsiders.

During the 2006 election of the Conservative Party of Canada it outlined its softwood lumber strategy. In that platform the Conservatives promised to be tough with the American government, defend the Canadian softwood lumber industry, and stand up for the forestry worker and help the struggling communities.

Looking closely at the Conservative platform, specifically the small section on forestry, we see several promises. I would like to take a moment to go through a few of those promises today and how they apply to Bill C-24. One promise was to get tough with the Americans on this file. The Conservatives promised they would: “Demand that the U.S. government play by the rules on softwood lumber”.

I do not think that anyone who read this promise thought for a second that what the Conservatives really meant was they would turn their back on years of hard fought negotiations, turn their back on the cornerstones of the North American Free Trade Agreement, and turn their back on the sustainability of forestry communities. In their haste to appease the Americans and score some political points they capitulated on issue after issue.

Over the years our previous Liberal government fought time and time again through trade panels and international dispute resolution mechanisms to win battle after battle on softwood lumber. Whether it was at WTO or NAFTA, time and again we won those rulings. Admittedly, time and again the Americans appealed these rulings. Protecting their domestic lumber industry was paramount. One need only look at the Byrd amendment to see the lengths they would go through to secure their industry and by extension, the power of the lumber industry of the United States was going to work against us.

Big lumber in the U.S. wanted to limit access to Canadian softwood lumber into what the Americans perceived as their God-given domestic markets despite NAFTA and WTO rulings. Quite frankly they lobbied, bullied and pushed, and dragged out the process in the hope of maximizing their profits and waiting for someone to come along and give in to their demands. That opportunity materialized in the form of the Conservative government across the floor. So desperate were the Conservatives to get a deal, to show action on this file, that they stormed ahead and committed to a flawed agreement.

This agreement has concerning implications, not only for the softwood lumber industry but for other Canadian producers. Polls show that Americans are in support of free trade in principle. In fact, 66% of Americans are in favour of free trade; however, this support crumbles the second that the so-called free trade is not in their best interests.

This is not entirely surprising, but it does point to the fact that if today we capitulate on the softwood lumber, what will be next? Will it be beef, automobiles or grain? Who knows what is going to be next? That they have given in on this file shows lack of resolve, again for cheap political points. The Prime Minister pointed out some kind of great new bond with the American administration but is, frankly, a travesty.

This brings my comments on Bill C-24 to another promise made by the Conservative Party in its blue book. On page 19 in the Conservative 2006 platform it states that the Conservatives would defend the rights of Canadian producers and demand the “return of the more than $5 billion in illegal softwood lumber tariffs to Canadian producers”. We on this side of the House know only too well that the Conservatives are not that good with the math. In 1993 we inherited their deficit mess and we worked long and hard to balance the books of this mismanagement.

That being said, here we are today, and the Conservatives have lopped off a full $1 billion from their promise. That is $1 billion in illegal collected duties. That is $1 billion of our Canadian economy. To lop this right off and give it to the American administration and to the lumber industry, not only demonstrates the Conservatives are bad at math but they are bad negotiators. It is clear to all but the party opposite that at least half of this funding will be used by the American lumber industry to fund legal and political attacks against our industry.

Can we imagine $500 million of Canadian money being used by the American lumber industry to lobby against us? It is unbelievable. The Americans must have thought it was Christmas back in the spring when this deal was being made, and it will be Christmas again when the legislation is passed.

The Conservatives are throwing away the lumber industry to the wolves. With Bill C-24 they have backed the Canadian softwood lumber industry into a corner, and what is worse, they have given the American lumber industry a stick, a $500 million stick. What is more, after just 24 months, Canada's proud new government has given its opponents an escape clause to walk away from the deal. What shrewd negotiations, they have given away all we have gained through our trade agreement resolution process.

They have given opposing industries in the United States funds to lobby for two years against our industry, at which time they can pull the plug and possibly gain increased domestic and international ports again, financed by our Canadian funds. That is how the government protects its domestic industry. That is how a government fights on the international stage for just treatment.

Recently, the Prime Minister has been going around suggesting that he does foreign affairs differently than the past government. He does it differently all right. He walks a different walk and he talks a different talk indeed. He is walked over by the Americans, has miscommunications with the Chinese, and he ignores the European Union. That is hardly a stellar new approach.

Realizing my time is short, we could talk all afternoon on the travesty done here. I want to finish my comments by remarking briefly on the excellent work of my colleague, the Liberal critic for international trade, the member of Parliament for Beauséjour.

In the House we are all aware that Nova Scotia, New Brunswick, Prince Edward Island and Newfoundland and Labrador traditionally receive what is called the Atlantic exclusion. This exclusion recognizes that the lumber industry in Atlantic Canada is different because it is primarily conducted on privately owned land. The Americans have perceived this to be more in line with their domestic market and have therefore waived the tariffs that they impose on the softwood lumber imports from the rest of Canada.

When the recent softwood lumber deal was struck, the exclusion was in that agreement. However, when Bill C-24 was tabled in the House of Commons, the legislation did not have the same language. The Maritime Lumber Bureau raised these concerns with the hon. member for Beauséjour and other parliamentarians. The result was an amendment which was passed at committee to make the language more clear to ensure the continuation of the Atlantic exclusion.

I want to applaud my colleague's work on this amendment and his efforts to work out a deal so the new wording in the bill could be included and the exclusion maintained in exchange for our cooperation with some of the amendments put forward in committee.

We hope that the government resists the urge to roll back these improvements that are part of the report stage amendments. This betrayal will be noticed by the provincial governments, and must make members, like the member for Cumberland—Colchester—Musquodoboit Valley, very happy with the changes in these rollbacks.

Despite this agreement at committee, I want to be very clear that our party does not support Bill C-24. It is flawed legislation brought back by the Bloc and the Conservatives where possibly they tried to make improvements such as the Atlantic exclusion. The reality is that we have been duped. We can only hope that our interventions here at report stage will make members in the Conservative Party come to their senses and pressure their leaders to have the bill withdrawn from the House and negotiate a new deal for the betterment of all softwood lumber producers.

Motions in amendmentSoftwood Lumber Products Export Charge Act, 2006Government Orders

November 21st, 2006 / 1:15 p.m.

NDP

Peter Julian NDP Burnaby—New Westminster, BC

Mr. Speaker, I do not know how to take the intervention of the member for Sydney—Victoria.

The Liberal members on the committee rammed through Bill C-24 and refused debate on most of the bill. Aside from the section on the maritime lumber exemption, which we in the NDP supported, the Liberals rammed through every section. Now the member for Sydney—Victoria stands in the House and says that the Liberal Party is opposed to Bill C-24.

The reason Bill C-24 is in the House today is because of the Liberal Party. The Liberals were the instigators. They were the ones who pushed this bill along. It would still be in committee and we would still be looking at changing some of the most egregious errors that were made had it not been for Liberal members ramming it through.

I do not know how to take the member's intervention. Is it possible that he has finally realized that the Liberals made an egregious error and they are apologizing to Canadians from coast to coast to coast for having rammed through Bill C-24 and having done the Conservatives' dirty work? I hope that is the case but I think it is another example of Liberal double-talk. The reality is that the bill is in the House today because of Liberal support.

We know the bill is bad for Canadians but it is the Liberals who forced it through. The bill is here in the House now, after being rammed through at record speed, because of Liberal Party support.

The NDP has been the only party actively standing up and saying that with the thousands of lost jobs that have resulted since the bill was rammed through provisionally a month ago, with the billion dollars that we are giving away, despite a court decision that says we do not need to give away a single penny, with the export tax that is leading to job losses and shutting down value added production in this country and the fact that this deal stimulates raw log exports, we must ask why the Liberal Party forced this bill through.

Motions in amendmentSoftwood Lumber Products Export Charge Act, 2006Government Orders

November 21st, 2006 / 1:20 p.m.

Liberal

Mark Eyking Liberal Sydney—Victoria, NS

Mr. Speaker, that is quite a question. The reality is that the committee was becoming quite dysfunctional. Mostly because of the NDP filibustering, the committee was not going to get past the first clause.

We all knew that the Bloc and the Conservatives would push the bill through committee. We, being the wise Liberals, the party of the centre, we tried to get some amendments in at committee that would help the lumber industry, not only in Atlantic Canada but right across Canada. We made the best of the situation. We cancelled the filibustering that was going on by the NDP and the rhetoric that was not making any sense.

Yes, we pushed some amendments through because, at the end of the day, the Bloc and the Conservatives were going to push the bill through and we needed to make some constructive changes to the bill. Those are the changes we are pushing for and the changes we still want to see but we are adamantly against Bill C-24.

We wish that in the future the NDP could be a little more cooperative at committee and make things work. It is the season and I am still waiting for my Christmas card.

Motions in amendmentSoftwood Lumber Products Export Charge Act, 2006Government Orders

November 21st, 2006 / 1:20 p.m.

NDP

Charlie Angus NDP Timmins—James Bay, ON

Mr. Speaker, I heard that response but I can see that he is almost blushing after saying that.

The member talked about not wanting to listen to a discussion that was not constructive. Why was it that the Liberals were not interested in hearing from people across Canada? Is it that Canadians from across Canada might have something to say about this that he says we were filibustering and wasting the Liberal's time.

The member can talk to his own colleague from Thunder Bay. The committee would have had hearings in Thunder Bay but the members from the Thunder Bay area support this agreement.

For the member to stand up in the House and say that the Liberal Party adamantly opposes the agreement is not true. Because the Liberals cancelled the hearings across the country so people could not have input, is he saying that the people of Canada would be wasting the Liberals' time by giving their concerns?

Motions in amendmentSoftwood Lumber Products Export Charge Act, 2006Government Orders

November 21st, 2006 / 1:20 p.m.

Liberal

Mark Eyking Liberal Sydney—Victoria, NS

Mr. Speaker, I am glad the hon. member spoke about the member from Thunder Bay.

Whether it is in our rural caucus or any discussions in our caucus, the member from Thunder Bay is out front and centre for the industry. He is trying to make the best of a bad situation brought about by the Conservatives.

The NDP members are trying to take this issue on as though it is their cause, that they are protecting the workers and the industry. All our great citizens need to do is to look at the blues from the committee to know that the NDP members wasted the committee's time many times by filibustering.

I hope there is some sensibility here and that some of the amendments pass so we can get on with the show.

Motions in amendmentSoftwood Lumber Products Export Charge Act, 2006Government Orders

November 21st, 2006 / 1:20 p.m.

Bloc

Richard Nadeau Bloc Gatineau, QC

Mr. Speaker, I will first state the position of the Bloc Québécois on the proposed amendments to Bill C-24, Softwood Lumber Products Export Charge Act, 2006, and, then, outline the position of the Bloc Québécois on Bill C-24 per se.

The Bloc Québécois is opposed to the following amendments.

Under Motion No. 4, the government would not be required to enforce the act; that does not make much sense in the context of fiscal legislation. Motion No. 25 greatly complicates the collection of export taxes and the enforcement of the act. We understand that the New democratic Party does not want the act to come into force, but Quebec lumber companies want it to.

Motions Nos. 83 and 84 would have the act become effective as of November 1. The fact of the matter is, however, that the anti-dumping duties were removed on October 12. Adopting these two motions would mean leaving the lumber trade unregulated for two weeks, which is contrary to the terms of the agreement.

To help members understand the position of the Bloc Québécois on the thorny issue of Canada-U.S. relations with respect to softwood lumber, I will describe once more our party's approach.

It is important to understand that the Bloc Québécois is unenthusiastically supporting Bill C-24.

This bill allows the implementation of the July 1 softwood lumber agreement between Ottawa and Washington by: setting the terms and conditions for the return to Canadian lumber companies of countervailing and anti-dumping duties representing 81% of the money currently held by Washington and about 65% of the amount that these companies have paid, taking into account variations in the exchange rate over the past four years; setting the terms and conditions for the return to Washington of the billion dollars that companies have to leave on the table; setting trade barriers that will govern the softwood lumber trade between Canada and the United States, including export taxes and export permits; and authorizing the payment of export tax revenue to the provinces.

The industry has stated nearly unanimously that this agreement was not satisfactory. It has, however, concluded that it was better to accept this bad deal than to continue fighting. In a word, the industry is at its wit's end.

The attitude of the federal government, be it Conservative or Liberal, has left a bitter taste. By refusing its support, it has considerably weakened the industry, forcing it to accept this agreement for fear of seriously jeopardizing its future.

The Bloc Québécois, after consulting the industries and workers in the forestry sector during the summer, came to the conclusion that it had no choice but to support the agreement because the industry, with its back to the wall, could not wait any longer. To act otherwise would not have been irresponsible.

The Bloc insists, however, on stating clearly that although the bill must be approved, the government cannot claim to have settled the problems the industry is facing. The industry is dealing with structural problems and the softwood lumber agreement does not solve them.

That is why the Bloc Québécois is calling for the government to implement a series of measures this fall to assist the forest industry, which is facing serious difficulties at the very moment it has been weakened by a lengthy trade dispute.

We want an income support program for older workers, an economic diversification program for communities that depend on the forests and special tax status for the 128,000 owners of private woodlots in Quebec.

In addition, we want an increase in funding for the Canadian model forest program of the Canadian Forest Service, and special tax treatment for the $4.3 billion in countervailing and anti-dumping duty that will be refunded by the American authorities to recognize the losses incurred by companies. We also want accelerated amortization of equipment; a program to stimulate innovation and improve productivity within the forest industry; a market diversification and wood marketing program; and, finally, financial compensation for maintaining forest access roads.

Some of these measures will become meaningless if they are not introduced this year, a pivotal year for the industry. The Bloc Québécois is counting on the Minister of Finance to properly respond to these needs when he makes his financial and economic update announcement.

Bill C-24 contains legislative measures to implement the softwood lumber agreement of last July 1 between the governments of Canada and the United States.

All of the provisions take effect from October 1, 2006. Since the bill was not yet approved on that date, the measures that it contains will be retroactive to October 1, 2006.

It introduces an export control system in the softwood lumber sector, which I will now describe.

Ironically, this control still takes the form of amendments to the Export and Import Permits Act. This act is normally used to control trade in arms and dangerous substances or to limit trade with particular countries under economic or military sanctions. Here, though, it is the products of Canadian firms that are being hit by the restrictions in the act.

In provinces like Quebec that choose to be subject to a lower export tax but have a ceiling placed on their exports, the bill provides that exporters must acquire a licence, which is a kind of export permit. It will enable Ottawa to ensure that companies cannot exceed the quota allocated to them under the agreement.

The methods of allocating export quotas are not specified in the act. This will be done later by regulation. The Government of Quebec has suggested that 94% of the quota should be allocated to companies on the basis of their past exports, with the remaining 6% available on a first come, first served basis.

The Quebec industry was concerned that the agreement provided for quotas to be allocated on a monthly basis—one-twelfth of the annual quota—and that the possibilities of exceeding this monthly quota in case of especially large deliveries were so limited that companies would be unable to honour their contracts or even reach their full annual quotas. We must remember that the construction industry is cyclical and lumber deliveries tend therefore to vary considerably from one month to another.

This issue still has not been resolved, and the government has not made any specific promises. At the most, the binational group responsible for ensuring that the agreement works well will deal with the problem. The Bloc Québécois hopes that the government will try through this binational group to make the monthly export ceilings more flexible. In order for this to be done, the bill already provides all the latitude needed to accommodate greater flexibility because things are done through regulation.

I could go on explaining the entire bill in this way, but I will stop here, Mr. Speaker.

Motions in amendmentSoftwood Lumber Products Export Charge Act, 2006Government Orders

November 21st, 2006 / 1:30 p.m.

NDP

Peter Julian NDP Burnaby—New Westminster, BC

Mr. Speaker, I appreciated the member for Gatineau's speech, but I do not understand. I do not understand the Bloc Québécois' position at all.

Since the provisional implementation of this agreement, 2,000 jobs have been lost in Quebec. Jobs have been lost in Abitibi-Témiscamingue, plants have been shut down in Abitibi, and jobs have been lost in Saguenay-Lac-Saint-Jean and on the North Shore. In short, more jobs have been lost in Quebec than elsewhere in Canada. Yet the Bloc still says it will support the agreement. It will support the bill even though we all know it is a bad deal and not at all in the best interest of Quebeckers.

We also know that this agreement has an anti-circumvention clause, which also appears in the bill, that directly affects Quebec's power to act. This clause forces the Government of Quebec to go to Washington if it wants to change its forest policy. The province has to get approval from the Bush administration for any changes even though forest policy falls exclusively under provincial jurisdiction. Even though it is within the purview of the Government of Quebec, we have just ceded the Government of Quebec's sovereignty.

The Bloc's policies in this House are inconsistent. The Bloc is not defending the Government of Quebec's right to make changes to its forest policy, nor is it fighting for all of the jobs that were lost because of this bad deal.

Why?

Motions in amendmentSoftwood Lumber Products Export Charge Act, 2006Government Orders

November 21st, 2006 / 1:35 p.m.

Bloc

Richard Nadeau Bloc Gatineau, QC

Mr. Speaker, I thank my hon. colleague from the NDP.

First of all, let us look carefully at this issue. The Quebec softwood lumber industry is asking us to pass this bill because it is under the gun. It is in a terrible position. The longer we wait, the harder it will be for the industry to get back on its feet. As for the anti-circumvention clause, it specifies that a country cannot act in such a way that circumvents the agreement. It is very important to understand this.

Thus, Washington could not try to limit access to its market any more than what is specified in the agreement. Compared to the years in which no further trade was possible without the Americans imposing an appalling tax, the situation will at least allow the industry to start fresh on a basis that will finally resolve this issue. This is what the industry wants, as well as the unions representing industry workers.

Motions in amendmentSoftwood Lumber Products Export Charge Act, 2006Government Orders

November 21st, 2006 / 1:35 p.m.

Bloc

Diane Bourgeois Bloc Terrebonne—Blainville, QC

Mr. Speaker, since the beginning of the debate on Bill C-24, I keep hearing the member for Burnaby—New Westminster continually bring up the position of the Bloc Québécois on this bill. Time and time again, my colleagues from the Bloc Québécois who spoke on the bill have explained the situation of the forestry industry and the people who depend on it, with respect to the softwood lumber issue and the agreement with the U.S.

Time and time again, we have said that our industry in Quebec literally had a gun to its head; time and time again, we have said how many sawmills in Quebec had to be sold to American interests; time and time again, we have repeated that we in the Bloc Québécois stand up for our Quebec industries. We are the voice of the industries and people of Quebec in this House.

On many occasions, however, I have seen colleagues from the NDP put forward all sorts of arguments that did not take into account Quebec's position.

Why is the NDP defending the Canadian position so strongly today? Why is it shouting from the rooftops that this is not a good bill and that—

Motions in amendmentSoftwood Lumber Products Export Charge Act, 2006Government Orders

November 21st, 2006 / 1:35 p.m.

The Acting Speaker Andrew Scheer

I am sorry, but the hon. member for Terrebonne—Blainville has run out of time.

The hon. member for Gatineau now has the floor.

Motions in amendmentSoftwood Lumber Products Export Charge Act, 2006Government Orders

November 21st, 2006 / 1:35 p.m.

Bloc

Richard Nadeau Bloc Gatineau, QC

Mr. Speaker, I thank my colleague for her remarks.

What we have here is, on the one hand, populist demagoguery and, on the other hand, a party called Bloc Québécois which is a responsible political party. Faced with the situation the softwood lumber sector is finding itself in today, the Bloc Québécois is taking a courageous and responsible position, in cooperation with the industry and the labour unions representing the workers in that industry.

Motions in amendmentSoftwood Lumber Products Export Charge Act, 2006Government Orders

November 21st, 2006 / 1:35 p.m.

Simcoe—Grey Ontario

Conservative

Helena Guergis ConservativeParliamentary Secretary to the Minister of International Trade

Mr. Speaker, it is a great pleasure to rise in the House today to report on the deliberations in the Standing Committee on International Trade on Bill C-24 to implement Canada's obligations under the softwood lumber agreement.

I would like to start by thanking the committee for its close study of the bill. The members worked hard across all party lines to put forward amendments that took into account the concerns of industry and the pressing need to implement the bill in a very timely fashion. It was truly a team effort. I know I speak for all members on this side of the House when I express our gratitude for the energy and ideas brought to bear on the bill. I am confident that their collective contributions and amendments have helped to clarify important elements of the bill.

Today I would like to update the House on the amendments approved by the committee.

The first amendment stems directly from a request from the Maritime Lumber Bureau. The bureau represents lumber companies throughout Atlantic Canada. As members know, the softwood lumber agreement already excludes Atlantic provinces from an export charge. This reflects a long-standing history whereby these provinces have been excluded from U.S. trade action.

Bill C-24 included provisions respecting the exclusion of the Atlantic provinces. However, the bureau wanted to ensure that this exclusion was further clarified in the bill. Therefore, led by the government and in particular the member for Cumberland—Colchester—Musquodoboit Valley, the committee discussed and passed this important amendment.

This clarification leaves no doubt that exports from the Atlantic provinces are excluded from the export charge and that a charge will only be imposed if there is a circumvention of the agreement. It also brings other exclusions, those of the territories and the included companies into the same clause. To ensure the proper functioning of the Atlantic Canada exclusion, the government will be proposing a few technical amendments to the bill at report stage.

Our colleagues from the Bloc Québécois proposed amendments that stemmed from concerns expressed by the Quebec Forest Industry Council. The first is a proposed amendment to clarify the timing with respect to the date of shipment for exports sent by rail to the U.S. Second is a proposed amendment to further clarify the definition of FOB value, which is the freight on board cargo, in the legislation. As with the Atlantic exclusions, these amendments directly address the concerns of the lumber industry.

The next amendment concerns independent remanufacturers. As the House knows, the softwood lumber agreement ensures that independent lumber remanufacturers will not have to pay an export charge on the value added component of their products. In fact, this was an essential component of Canada's position throughout the negotiations and in direct response to industry requests. However, the industry asked for further clarity. Therefore, the bill, with the government's amendments at report stage, will make clear how the independent remanufacturer will be treated and certified.

The government also put forward a number of amendments to reflect the agreement's entry into force date of October 12, 2006.

These proposed amendments, while relatively minor in nature, will give our lumber exporters an added measure of certainty and predictability to go forward and plan for the future. Indeed, time is of the essence for the bill. Canada's lumber industry is facing a number of challenges. Lumber prices are at the low end of their cycle and production costs are rising. Combine these challenges with the continued strength of our dollar and we can begin to understand what our industry is up against.

That is why, as the amended bill makes it through the House, we should remind ourselves of the importance of moving it through in a timely manner. Our lumber companies need the stability, predictability and cash that the agreement provides.

The agreement eliminates punitive U.S. duties. It ends the costly litigation, which has gone on for far too long. Under the agreement, the U.S. will immediately dismiss all trade actions against our companies. It takes our lumber producers out of the courts and puts them back where they belong, in communities across the country, growing their enterprises and contributing to Canada's economy. It provides stability for industry hit hard by years of trade action and drawn out litigation.

For the next seven to nine years, no border measures will be imposed when lumber prices are above $355 per thousand board feet. When prices drop below this threshold, the agreement gives provinces flexibility to choose the border measures that most benefit their economic situation. I should add that all export charge revenues collected by the Government of Canada through these border measures will stay in Canada and not end up in the U.S. treasury, which was the case before.

The agreement returns more than $5 billion Canadian to companies, a significant infusion of capital for the lumber industry and the workers in more than 300 communities across Canada who depend upon it.

I am happy to report that the Export Development Canada duty refund mechanism, which we developed to expedite refunds to companies, is ahead of schedule. More than $1.8 billion has already been dispersed to companies, and Export Development Canada will continue to make expedited refunds over the coming weeks.

While the money is good news in itself, we must also consider what this money represents for the forest workers and the communities. The badly needed cash provided by the agreement will help our lumber producers reinvest in their enterprises, improve efficiency and weather the current downturn in lumber prices. Most important, it will let them do so in a stable and predictable trade environment.

We cannot overestimate the importance of this kind of stable environment to our lumber industry. Along with the refunded cash, the stability and predictable environment created by the agreement will allow lumber companies to make long term plans and grow. It will also put us on the right path toward fostering further development and integration of a stronger North American lumber market, one where Canadian companies can play an essential and leading role.

Contrast this positive new environment with what life was like before the agreement. Our lumber producers have spent the better part of the last two decades engaged in a number of drawn out legal battles with the United States. They know that just because we win one battle, it does not mean we win the war.

Our victories in a number of trade courts, including NAFTA and the WTO, were simply appealed by the U.S., costing millions in legal fees and creating much uncertainty for the industry. In fact, some estimates pegged the total cost of fighting these battles for governments and individual lumber companies alike at over $300 million since 2002. The enormity of these fees stands as a testament to the high price of continuing with the strategy built entirely around litigation.

When I hear calls to continue litigation, I remind people of the steep price of taking this path and the extremely uncertain outcome waiting at the other end. This is a case where there is simply no trade peace waiting for us. There is only continued litigation, crushing legal fees and punishing U.S. duties.

Therefore, I would ask all members to carefully consider the cost of turning our backs on this agreement. Ask the lumber companies that are getting over $5 billion Canadian back to reinvest in their enterprises and weather the tough economic times in which they find themselves. Ask the major lumber producing provinces that join the overwhelming majority of industry in supporting the agreement. Finally, ask the hundreds of thousands of people in lumber producing provinces across the country who rely upon a stable and predictable trade environment for their livelihoods. Ask them if they would like to turn back the clocks to a time when this agreement did not exist.

The government believes our lumber communities have suffered long enough. We believe they need the stability and resources that the agreement provides. We believe the agreement is the single best way forward for our softwood lumber industry and the over 300,000 Canadians who rely upon it.

I am confident that the majority of parliamentarians agree with this assessment. Therefore, I ask for their support of the amended Bill C-24, and I thank them very much.

Motions in amendmentSoftwood Lumber Products Export Charge Act, 2006Government Orders

November 21st, 2006 / 1:45 p.m.

Liberal

Dominic LeBlanc Liberal Beauséjour, NB

Mr. Speaker, in her comments, the parliamentary secretary referred to some of the government amendments it is seeking to have accepted at report stage of Bill C-24.

By our examination, six of the seven government amendments, which deal with the Atlantic Canada exclusion, reduce or roll back some of the amendments proposed by the member for Cumberland—Colchester—Musquodoboit Valley. In her speech, the parliamentary secretary thanked him for his good work. We believe his amendments, which were supported at the committee by Conservative members, improved the position of Atlantic Canada's historic exclusion. Yet at report stage, we find the government intends to roll back what its member had proposed as an amendment, an amendment supported by the Conservatives at committee stage.

We see the same thing with respect to the definition of independence, which was included with respect to Canada's independent lumber remanufacturers. The committee included this definition in the legislation, supported by some government members. We were surprised at report stage to see the Conservatives trying to turn back the clock, or undo what we thought had been some very positive work done at committee.

Could the parliamentary secretary explain why they have changed their minds?