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 / 1:50 p.m.

Conservative

Helena Guergis Conservative Simcoe—Grey, ON

Mr. Speaker, I would remind the hon. member that he and I agreed yesterday to meet today at 11 a.m. so I could take him through those amendments to assure him that this, of course, was not the case. In fact, the member for Cumberland—Colchester—Musquodoboit Valley is in the middle of a briefing right now to take himself through those amendments to have a full understanding. He also realizes that the clarifications are very technical in nature.

However, there is one exclusion that was amended at committee. When clause 26 was actually approved by committee members, we made an error. The way the clause is worded right now, it would actually affect the industry all across the country. All the industry would be required to go through the Maritime Lumber Bureau. Unfortunately, all industry across the country just cannot go through the Maritime Lumber Bureau and provide their information to them. We do need to change that amendment so that it follows what the softwood lumber agreement has to say.

The softwood lumber agreement talks about the Maritime Lumber Bureau and it provides for the historic exclusion, which we as a government support, but the one very important part of it is that we have a domestic tax policy in Canada and we cannot have an international treaty overriding our domestic tax policy. Many times throughout the agreement there are sections where our domestic tax law applies that actually has not been put into words or even spoken about in the softwood lumber agreement.

I assure the hon. member that we are not doing anything.

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

November 21st, 2006 / 1:50 p.m.

NDP

Peter Julian NDP Burnaby—New Westminster, BC

Mr. Speaker, I appreciate the parliamentary secretary's efforts to vainly defend the indefensible, which is this badly botched deal and this badly flawed bill.

What is interesting, in the exchange with the Liberal member opposite, is that it is quite clear that there was even more botching in the process of drafting the amendments that were supposed to fix the first draft of botches that came in Bill C-24.

The parliamentary secretary said that Canadians needed to think about what life was like before the softwood sellout. The answer to that is very simple: the 4,000 people who had jobs then do not have them now after the signing of the agreement. In the last four weeks, 4,000 jobs have evaporated into thin air. Canadians who think about what life was like before the softwood sellout can think of the thousands of people who are no longer working and the thousands of families that have lost their breadwinner because of the appalling incompetence of the government.

The parliamentary secretary referred to some repairs that were made to this badly flawed bill, Bill C-24. We only heard two witnesses at the standing committee. A number of errors were identified. Why were other clauses, like clause 6, clause 25 and clause 18, not repaired?

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

November 21st, 2006 / 1:50 p.m.

Conservative

Helena Guergis Conservative Simcoe—Grey, ON

Mr. Speaker, I am hearing the usual rhetoric coming from that hon. member. I find it very disappointing, especially because he continues to deliberately mislead Canadians and this House when we are talking about job losses within the softwood lumber industry.

We acknowledge that there has been some job losses but it has nothing to do with this agreement whatsoever. It definitely has everything to do with the previous Liberal government's inability to secure a deal and its inability to stand up for the softwood lumber industry and do something. In fact, it did absolutely nothing.

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

November 21st, 2006 / 1:50 p.m.

Liberal

Ken Boshcoff Liberal Thunder Bay—Rainy River, ON

Mr. Speaker, for the past number of months I have thoroughly examined and outlined the shortcomings of the softwood lumber agreement. We know for certain that it is not close to that proposed by the previous government in August, 2005.

Many of the objections to the nature of the high-handedness are now, regrettably, becoming a trademark of the minority government. The lack of consultations are also of concern. I even had Thunder Bay included on the list of sites for four nationwide hearings during the committee stages.

As to the success of our legal battles, we were winning on the NAFTA and WTO fronts. These are concerns. The fact that the major objection of the United States on subsidization was refuted is something that I outlined previously.

The concern that the $500 million could be used against us still needs to be addressed and the impatience of the government to please the President of the United States are some of the objections that I have outlined since April. They have been well-documented and I have vocalized the concerns of the workers, the families, the communities, the municipal leaders and their associations, the suppliers and the companies.

I have also been in constant communication with all concerned. For Thunder Bay—Rainy River and, indeed, for all of northwestern Ontario, the goal is to keep people working so they can put food on the table, pay their mortgages and keep their families together.

I believe that during the debate and the vote, my message has been consistent and clear. It is to fight hard for what is best for the people of northwestern Ontario, do not let partisan politics create artificial constraints in representing one's constituents and listen to the workers and the companies that employ them. I have done all that. After six months of discussions, hearings, debate and several votes, I have strongly stood up for all concerns.

The companies in northwestern Ontario have been on their knees financially for some time and need the cashflow to keep people working. In fact, if the House will recall, it was the NDP that abandoned the workers of northwestern Ontario by supporting the Conservatives, and people know this. They know it was the NDP that cost all of these jobs. The blame lays squarely on the NDP for destroying the $1.4 billion forestry accord.

Along with the members for Kenora and Thunder Bay—Superior North, and indeed all northern Ontario Liberal MPs and senators, we were able to establish a package of support that also gained support from MPs across the country. A combination of loan guarantees, modernization incentives and environmental cleanups were gutted by the NDP. It is clear that it has no understanding whatsoever of economics.

One of the most despicable, even by NDP standards, public relations stunts recently took place. Inviting members to a debate without the decency of first talking to the members to see if they were available hit a new low. If people thought this was the hallmark of NDP character assassination techniques, one can just imagine its fear in not being able to even send a direct invitation. Many members of the NDP's own caucus and more in the labour movement were embarrassed by this deliberate setup. It was a new low for them.

All members of the House deal with the debate in an honourable parliamentary manner. That the members for Timmins—James Bay and Burnaby—New Westminster would stoop to this subterranean level has revealed their lack of character.

Over my 30 year span in elected office, I have never once seen such action. My record of public accountability and accessibility as president of three major municipal organizations, as mayor, councillor and now as representative of the people of Thunder Bay—Rainy River, speaks loudly and clearly of someone who is known to be fair, reasonable and honourable. Would I ever pull such a stunt like that? Never. It is astonishing that the NDP does not even have enough class to apologize. It is very sad and very lame.

As the first round of cheques have now been deposited and the companies have, with great reluctance, accepted this deal, it is vital that any obstruction or posturing that would delay the flow of further funds would only hurt the workers.

I ask all members to please let us move forward and cease any needless obstruction. If we are doing it for its own sake, then that is not the gesture of this Parliament.

The reason I voted in favour of this agreement, after many months of outlining my objections, was to restore economic vitality. Employees have been calling my office and dropping in to thank me and for that I am very appreciative. When a worker has been laid off and is now working again it means the entire difference. If the people of northwestern Ontario are working it means that northwestern Ontario is also working.

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

November 21st, 2006 / 1:55 p.m.

The Acting Speaker Andrew Scheer

I hate to interrupt the hon. member for Thunder Bay—Rainy River but it being 2 o'clock, we must move on. He will have five minutes left the next time this bill is debated.

Softwood Lumber Products Export Charge Act, 2006Government Orders

November 21st, 2006 / 3:05 p.m.

The Speaker Peter Milliken

Resuming debate. Is the hon. member for Timmins—James Bay rising on a point order?

Softwood Lumber Products Export Charge Act, 2006Government Orders

November 21st, 2006 / 3:10 p.m.

NDP

Charlie Angus NDP Timmins—James Bay, ON

Mr. Speaker, I am rising because the former member had made a number of personal attacks on myself and my colleague, the member for Burnaby—New Westminster, and I was hoping he would be here to respond. However, it appears that he cut corner and ran. I would be very concerned about having to use the time for my speech to actually to respond. I was really hoping I could ask him a question.

Mr. Speaker, would it be possible to get the unanimous consent of the House that I could speak to the member's empty chair, which is what I have had to do when I go into his riding?

Softwood Lumber Products Export Charge Act, 2006Government Orders

November 21st, 2006 / 3:10 p.m.

The Speaker Peter Milliken

I am sure the hon. member would appreciate that but the practice in the House has been to not put questions to somebody who is not here. The normal practice is to have questions at the conclusion of a member's speech and that member's speech is now over. It ended some time ago, so the period for questions and comments went out the window with the member. I am afraid the hon. member will need to use up some of his own valuable time to respond if, as and when the time arises.

The hon. member for Timmins—James Bay is now rising on debate.

Softwood Lumber Products Export Charge Act, 2006Government Orders

November 21st, 2006 / 3:10 p.m.

NDP

Charlie Angus NDP Timmins—James Bay, ON

Mr. Speaker, I am very pleased to speak today. I find it fascinating and very telling that the member for Thunder Bay—Rainy River made his statements and then scrambled out of the House before questions and comments. I will be speaking to an empty chair but that has been the sort of situation that we have been facing in northern Ontario.

I listened to the hon. member's speech and what it--

Softwood Lumber Products Export Charge Act, 2006Government Orders

November 21st, 2006 / 3:10 p.m.

Conservative

John Williams Conservative Edmonton—St. Albert, AB

Mr. Speaker, I rise on a point of order. You know and everyone else knows, including the member for Timmins—James Bay, that there is a long-standing rule in the House that members do not make reference to the fact that someone is not in the chamber. He keeps talking about empty chairs and wishing the member were here so he could speak to him.

I would ask that he respect the rules of the House. If he wants to give a speech, which nobody really wants to hear, we will let him give it but he should also abide by the rules.

Softwood Lumber Products Export Charge Act, 2006Government Orders

November 21st, 2006 / 3:10 p.m.

The Speaker Peter Milliken

I know the hon. member for Timmins—James Bay, in referring to an empty chair without mentioning anybody, is in order because of course there are some empty chairs in the chamber, as we can all see. However, he does not normally want to do that in relation to any individual member. The fact that he is unable to ask a question of a member who had been making a speech some time ago and was nameless was fine, but once he starts naming names he is sort of stepping over the line.

I would caution him to respect the rules in this regard and avoid reference to a member's presence or absence in the chamber because if we were to get into absences, as the hon. member knows, we could go on at some length.

The hon. member for Timmins—James Bay can continue.

Softwood Lumber Products Export Charge Act, 2006Government Orders

November 21st, 2006 / 3:10 p.m.

NDP

Charlie Angus NDP Timmins—James Bay, ON

Mr. Speaker, I feel very chastened by that. The fact that the seat that was empty, but will not be mentioned, is no longer empty makes my point moot, so I will start over again.

When I was listening to the member's speech, it reminded me of being in a madhouse funhouse with the distorted mirrors of who said what and positions were upside down when they were really flipped over, and what was really black was white. It seems to me that we would need a political Emma Peel and a political John Steed to actually work through the labyrinth of Liberal misconceptions being perpetrated.

The biggest misperception, and I do not take it personally, is that when I and my colleague went to Thunder Bay to take part in a public debate, it was characterized as some kind of low grade character assassination, that it was completely outrageous for a member of Parliament to do his due diligence and engage in debate. I feel I have to clarify that just for the folks at home to understand the kind of political chicanery machinations we are dealing with in the language here.

The hon. member had stated that the NDP had initiated this public meeting and we tried to set it up as some kind of publicity stunt, when the fact was that we were invited. We were invited by members of the member's own constituency. We were invited by CEP. We were invited by the United Steelworkers to a public meeting and we agreed to come. The fact that they were unavailable or chose not to come is beside the point, but it was made very clear at the public meeting held by CEP in Thunder Bay, to which we were asked to go along with the members from the Thunder Bay region, that if they were not able to come, we would be more than happy to go back to Thunder Bay to debate them in an open forum.

I do not see how that could be characterized as character assassination to any extent, unless of course one group doing its job and another not doing its job is somehow character assassination of those not doing their work.

To bring the point home, I will read a letter that was written in the Thunder Bay Chronicle Journal on October 31, 2006. The people who put on this event felt it very necessary to clarify the spin being put out by the member who had not been there at the time but who is now sitting in his seat right here.

Joe Hanlon, president of the United Steelworkers in Thunder Bay, said that he was publicly responding to the letter from the MP for Thunder Bay--Rainy River. He said that if that member and the other member from Thunder Bay would like to come before the people of northern Ontario to discuss why they have voted in favour of a sellout softwood lumber deal, he would invite Roger Falconer from the Steelworkers, Cec Makowski from CEP, as well as the two NDP MPs, and MPP Howard Hampton, the provincial NDP leader, and ask them to come back to Thunder Bay. He went on to say:

Even though these individuals, two of whom are MPs from other ridings, came to attend our meeting here in Thunder Bay last Thursday, our two MPs couldn't or wouldn't take the time or effort to show up. [The member for Thunder Bay--Rainy River] states that he is listening to his constituents. It would be nice to know who he listens to because I know that a lot of people have sent him letters asking him to vote against this bad deal. If you look at the recent issue of [the member for Thunder Bay--Rainy River's] “Report to Constituents”, there is not one mention of forestry.

That is the word of constituents from Thunder Bay, people who are involved in the industry and who are concerned. When I went to Thunder Bay to speak to them, I went there because I am a northerner and I had been invited there. He had been invited there. I would like to meet him anytime in Thunder Bay. I will meet him here, but to say that I was involved in character assassination when I was fighting for the rights of people in northern Ontario, I think it goes without saying that it is very typical of what we have been seeing here.

We see other members standing up and trying to create a solid Liberal front, standing up to softwood, when in fact they have shut down the debates. They have shut down the public hearings. They have accused our attempt to have public input as some kind of waste of their royal time. I find that very shameful.

There are many issues that have to be addressed with this deal. I would like to refer, for example, to the comment of the member for Thunder Bay—Rainy River, on May 17 in Hansard, where he said that this deal was a “stab in the back”. Why is it a stab in the back? It is a stab in the back because this deal accepted the fundamental American argument from the beginning. The deal says that we in Canada agree that we have unfairly subsidized our industry, which is a falsehood, and that we must completely change how we deal with forestry in order to please the Americans.

I would say that the member is correct. It is a stab in the back. It is a stab in the back to our industry that tried to maintain a solid line and looked to government for help.

On September 25 the member stated that the constant shifting position of the Prime Minister has caused much confusion about what it is we are voting for or against. I would actually infer that as confusion within the Liberal Party in terms of whether it was going to stand up or sit down. He said:

Now that the actual motion has been presented and we see what it actually says, on principle, I must now vote against the deal. The motion spends more words punishing Canadian companies than it does trying to achieve a positive agreement.

That is what the member said and on that point I would certainly agree with him because we were in an unprecedented situation where the Parliament of Canada was being asked to act as a predator on its own industry. We were being asked within this House to impose illegal penalties that we had won in trade dispute mechanism after trade dispute mechanism. They were recognized as illegal, but we were going to add on penalties to our own workers and on top of that, we would add on a further penalty for the companies that did not buckle under.

Of course I would say that it is a stab in the back and a deal that is attempting to please the Americans rather than help our own industry. Why the member three weeks later stood up and gave the big two thumbs up to the agreement, I am still not quite sure.

There are many issues about this agreement that need to be examined. We have talked with industry. We have talked with the workers. We have talked with the communities across northern Ontario that are going down. The question is, the government had the ability under the Liberals and it did not do it. It had it under the Conservatives in order to give some funding up front in order to alleviate the cashflow problems that industry was facing.

We now see that for the companies that have signed on, the government is flowing taxpayers' money to them through the EDC payments. That money could have been flowed before and it would have allowed our companies the necessary financial breathing room because they really are at the end of their ropes.

What is amazing about the deal is the notion we have accepted here of crippling our own markets, of putting export taxes on the value added for wood products. Many of our companies have their head offices in the southern United States. It is very clear that an American company looking to invest would not invest in a crippled market. Companies would not invest where they would be paying higher export tariffs if they create value added in their wood. They will be investing south of the border. Why? Because they have $450 million of our money. They are our direct competitors. Plus they have another $500 million given to the George Bush administration to do with what it wants.

There was not a penny, nothing, rien, nada for our own communities that have gone down right across the country. They were pleading for help. They were pleading for retooling. They got nothing. The message given to the people of Smooth Rock Falls, Opasatika, Red Rock and communities like them was that they were being cut adrift from the economy of this country and that they are on their own.

There are moments in the House when we do need to stand up and speak to the bigger principle. The bigger principle here is the fact that we have a situation where a government looking for a quick photo opportunity signed off on an agreement and accepted everything that the American trade interests wanted, and sold our own industry down the river. One of the prime economic engines of our country was sold down the river. Thousands upon thousands of jobs are dependent on it. Communities across northern Canada are dependent on this. Where was the government? It sold them out. That is unacceptable.

As the New Democratic Party, we will continue to fight in the House to make sure that every single amendment that affects our communities and our jobs will be heard.

Softwood Lumber Products Export Charge Act, 2006Government Orders

November 21st, 2006 / 3:20 p.m.

Liberal

Roger Valley Liberal Kenora, ON

Mr. Speaker, I would like the member to think about how many hundreds or thousands of jobs have been lost in his riding and lost in all of northern Ontario. It is not necessarily due to the softwood lumber agreement; it has something to do with the forestry industry itself.

We had the opportunity to travel to Timmins to make an announcement late last fall, just before Christmas. We talked about $1.6 billion for forestry companies, money that was going to help them stay in business, money that was going to keep jobs in northern Ontario. That money was going to make sure that families could have a good Christmas and continue to live in dignity in northern Ontario. But the member and his party at that point saw fit to side with the Conservatives and bring on an election that no Canadians wanted. It cost jobs all throughout northern Ontario.

We knew the way was not to sell out Canada on a softwood deal. We knew we had to support the companies to make sure they had the resources, to make sure they could keep those mills running, to keep the sawmills going to provide employment in northern Ontario.

My direct question is, how many jobs did the member lose in his riding and how many were lost in northern Ontario because of his sellout to the Conservative Party which forced the election and took the $1.6 billion away from the forestry companies?

Softwood Lumber Products Export Charge Act, 2006Government Orders

November 21st, 2006 / 3:20 p.m.

NDP

Charlie Angus NDP Timmins—James Bay, ON

Mr. Speaker, I could say I am surprised at the question, but I am not, because it looks like one of those funny little 10 percenters the Liberals spread across northern Ontario in an attempt to change the facts.

The reality is that the member's own former government went on the nation's television to plead with the Canadian public when the Liberals were caught in one of the most disgraceful scandals in Canadian history, promising an election 30 days after the Gomery report which would have put the election in March 2006.

Suddenly in the great Liberal rewriting of history there was this betrayal, this secret night of the long knives where the heartless NDP stood up with all the poor peasants and tossed the member's party out on its royal petard. Before the Liberals went, they crossed the country promising things they never delivered in 12 years. It was the great red book of all red books, the great mother of red books.

The Liberals came into my riding on the eve of the election and they had the nerve, they had the gall to tell people, “Vote for us. Keep us in power and we will give you money”. Meanwhile, our communities had been down here time and time again asking the former prime minister to work with the forestry industry and they got nothing. They got zero. But on the eve of the election it was like, “Stick with mama Liberal and we will feed all you little children”.

Now there is this hilarious rewrite that allows the Liberals to send their 10 percenters into ridings across the country saying, “Under the Liberal government we created all the great child care spaces; under the Liberal government we saved the environment; under the Liberal government we were there for the forestry industry”. The Liberals did nothing for the forestry industry and thousands of jobs went down. When we were asking for the money to be put up front they did nothing. That is when the jobs would have been saved.