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 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

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”.

Softwood Lumber Products Export Charge Act, 2006Government Orders

December 5th, 2006 / 1:30 p.m.

NDP

Tony Martin NDP Sault Ste. Marie, ON

Mr. Speaker, I do not want to speak for Ontario farmers, but I certainly want to say that it was Canadian farmers in western Canada who chose to do business this way. I know that there are farmers in eastern Canada who are very fond of and very concerned about supply management because we do not have the kind of grain industry in eastern Canada that they have in western Canada. In western Canada we have the Wheat Board and in eastern Canada we have supply management.

Softwood Lumber Products Export Charge Act, 2006Government Orders

December 5th, 2006 / 1:30 p.m.

Conservative

Ken Epp Conservative Edmonton—Sherwood Park, AB

Mr. Speaker, I have a comment more than a question. The comment is very interesting. In his response to the member for Yorkton—Melville the member said that he did not want to speak for Ontario farmers. He is an Ontario MP. Yet, he is quite willing to speak for the farmers of Alberta, Saskatchewan and Manitoba, giving them something that those farmers do not want. That is my comment and I think it speaks for itself.

Softwood Lumber Products Export Charge Act, 2006Government Orders

December 5th, 2006 / 1:35 p.m.

NDP

Tony Martin NDP Sault Ste. Marie, ON

Mr. Speaker, what I would like to say to the member who just spoke and perhaps to the member who asked the question previously is this. Why is it that the government will not allow farmers in western Canada to actually determine their own future as far as the Wheat Board is concerned? Why is it intervening in so many destructive and negative ways in whether farmers actually have a say in whether they want a Wheat Board or not? It is having a plebiscite, but it is a very narrow and controlled plebiscite by the government.

I was at a meeting in Saskatoon in July where 250 farmers and farm leaders from across western Canada spoke very loudly and very clearly about what they thought was in their best interests. They know that the Wheat Board is not a perfect vehicle, but they are willing to work with others to make sure that it gets better. All they want is a chance to do that, but the government has come in, and by fiat and strong-arm has decided that it is going to put it out of its misery.

Softwood Lumber Products Export Charge Act, 2006Government Orders

December 5th, 2006 / 1:35 p.m.

NDP

Pat Martin NDP Winnipeg Centre, MB

Mr. Speaker, I am pleased to enter into this debate on behalf of the good people of the riding of Winnipeg Centre, especially as we enter the final hours of the final stage of this very long, drawn out and controversial piece of legislation, Bill C-24, which as anybody watching will have realized implements the softwood lumber agreement.

It would be helpful in this final stage of debate to summarize and perhaps detail for Canadians who may be watching just what transpired in this whole agonizing drawn out process, this roller-coaster ride that we have been taken on, which has led us to the point where we are today.

It seems that the Prime Minister and the new Conservative government are moving at warp speed to integrate Canada's security and foreign policies with the U.S. and to shred any competitive advantage over the U.S. in areas such as lumber and wheat as well as an overall harmonization and integration on any number of facets in our relationship with the United States.

It seems that the Conservative government is voluntarily and unilaterally giving up the competitive advantage that we enjoyed over the years in the softwood lumber sector and, as raised by my colleague from Sault Ste. Marie, the sale of our superior wheat, a Canadian brand of wheat that is in such great demand around the world. I will speak to this later.

Bill C-24 deals specifically with the softwood lumber agreement. To set the context for my remarks I would like to remind Canadians that days before Ottawa bludgeoned Canada's lumber industry into this deeply flawed softwood lumber agreement, the Vancouver Sun published the details of a leaked letter from the Bush administration to the U.S. lumber lobby.

In this letter the American administration confirmed its objective was to hobble the Canadian industry for seven years. This should have been shocking to Canadians. Having our competitors reveal in a leaked letter that the administration's intention was not to achieve fairness in the North American marketplace for softwood lumber, but to hobble the Canadian industry should have made us all sit up and wonder who negotiated this deal and wonder if they were really acting in our best interests. I cannot blame the administration for being aggressive that way because it is very good at defending its own domestic industries. This is only the beginning.

What we learned and what our colleague from Burnaby—New Westminster has been trying to point out in every way that he knows how, to alert Canadians to the realities of this deal, is that the Americans will get to keep $450 million of the illegal duties they were collecting. They will get to keep this money to grease the wheels for the protectionist republicans in the White House who were facing tough fights in their mid-term congressional elections. With no strings attached, $450 million goes not to the government of the United States, but to the republican administration to wage war on Canadians who are financing this attack on our trade relations.

Canada's timber industry would be forced to subsidize an ongoing illicit attack on itself. What kind of deal is that? It makes one wonder who would negotiate terms and conditions like that on our behalf. Who are we sending to do our bargaining for us in this regard? It is astounding. All of this is going on with the explicit consent of the Canadian government.

There is even more. This is where a worrisome trend is beginning to develop, a motif, one of the characteristics of the current government. When the industry balked, the current government used intimidation, which is now almost a hallmark of our new Prime Minister.

On August 4 the Globe and Mail quoted a senior government official's warning that industry opponents to this deal “should prepare themselves for the consequences of rejecting it and...might want to start contemplating a world where Ottawa is no longer in the business of subsidizing softwood disputes”.

In other words, they were told that if this deal was voted down, if they did not support this softwood lumber deal, they should not expect Ottawa to help them in any future and subsequent deals. It is some kind of economic blackmail to lord this over the heads of the industry players, saying that if this deal is voted down, if industry players trust their best instincts and vote this deal down, then Ottawa will not help in any subsequent deals. The only conclusion Canadians can draw is that this softwood deal is a deal that is managed of, by and for the American lumber lobby.

Here is the most worrisome thing--and I will say this as clearly as I can because it is a complex notion--even more worrisome than the billion dollars that we are leaving on the table in illegal tariffs and duties collected by the Americans. The most worrisome thing yet is that a supposedly sovereign nation has signed on to an unprecedented clause which requires provinces to first vet any changes in forestry policy with Washington. To me, this is more damaging.

People studying this deal 20 years from now will probably find that the most alarming thing about it is that we have voluntarily forfeited our sovereignty to manage our own affairs in the softwood lumber sector. This is where it raises a question: how in God's name did the Bloc Québécois support the ruling party, the government, to get this deal passed when it is all about sovereignty? I have heard a thousand speeches by my colleagues from the Bloc about Quebec's sovereignty and how they did not want the federal government to trample on the jurisdiction of Quebec to control its own affairs as it pertains to its resources. I support the Bloc in that argument.

How, then, can the Bloc support a softwood lumber deal that has this unprecedented and precedent setting clause that requires provinces to vet any changes they may want to make, perhaps in the stumpage fees, the quotas or the amount of cutting in certain cutting areas? Any of those changes will have to be first cleared with Washington before the provinces can implement those changes. It is an affront to Canadian sovereignty. It is an affront to Quebec's sovereignty. But that is the softwood lumber deal that we are about to sign.

One of the things that people often overlook in all the hype about how thankful we should be that the Conservative government gets along with the Americans is the reality that Canada tossed away a significant victory, which we won not before the virtually useless NAFTA panels but from the U.S. Court of International Trade. It ruled that U.S. duties on Canadian softwood lumber were illegal.

In other words, we were winning the court challenges that we threw aside when we went into the softwood lumber agreement. We snatched defeat out of the jaws of victory, as it were. If only we had stayed with that route. I have heard the minister and others say that they could not keep throwing millions and millions of dollars to lawyers in never-ending court challenges. That is true, but they were not never-ending. We were winning them. We were within a hair's breadth of winning them. We were almost there. We were within days of winning when the government announced that it was going to accept a far inferior package.

That is what is incomprehensible about the artificial urgency on the part of the Conservative government to accept a deal that is substandard. When we could have had it all, the government left a billion dollars on the table.

This is the second time that a Conservative government has done this. Let me take people back to 1986, when the GATT, the World Trade Organization's predecessor, issued a preliminary finding on the legality of U.S. lumber duties against Canada. The government of Brian Mulroney at the time, bent on negotiating a free trade agreement with the U.S., abruptly aborted the challenge, with eager acquiescence to the Americans.

That is another example of where we were well on our way to winning our argument that U.S. lumber duties against Canada were illegal. That finding, too, was nipped in the bud before it could take effect. The finding was never published. It does not take a paranoid mind to assume that the GATT had ruled for Canada. Mulroney foreclosed on the GATT ruling because it would have wiped out his entire argument about the necessity of a bilateral free trade agreement with the United States.

It seems to many of us that free trade is like a computer virus coursing through Canada's social, economical and political systems, eradicating everything unique. Everything that is unique and special and advantageous must be eliminated, it seems. We must harmonize with the United States, it seems, but we find no fault in leaving the Americans with the advantages they enjoy in the industry sectors where they do things better than we do.

But it seems we are supposed to forfeit anything that we do better than they do. The first agricultural casualty in that regard was the prairie wheat pools. They corporatized. They were hoping to surf on the private American market. Instead, they surfed on losses and put the Canadian Wheat Board on a timeline. The Americans began gunning for it before the ink was even dry on their signature to the initial free trade agreement in 1989.

I live in Manitoba, and for those of us who live in the prairie provinces, I can tell members that since then the Wheat Board has been subjected to 11 separate U.S. trade attacks. The cry, as with lumber, has been “unfair subsidies”. The U.S. does not just want to eliminate a formidable competitor in the world wheat market for its multinational agriculture business; it wants that agribusiness to capture the price advantage enjoyed by superior Canadian wheat. This is the pattern that is developing. This is the worrisome motif that is developing in trade relations as contemplated by our new Conservative government.

It is as if the new Conservative government is prepared to do the Americans' dirty work for them in terms of these two specific trade irritants. As an example, it has now begun a process to abolish the Wheat Board's monopoly. I will not go into that in any great detail other than to say there have been very worrisome things happening in recent days. Mussolini would be proud of the current Minister of Agriculture because he slapped a muzzle on the board of directors of the Canadian Wheat Board.

The directors are not allowed to defend their own best interests. They are not allowed to represent farmers and to advertise in any meaningful way why the Canadian Wheat Board, which has a business case that shows it, is in the farmers' best interests. The government has taken draconian measures to make sure that the Wheat Board directors are not heard, to the point of cancelling a meeting of the Standing Committee on Agriculture and Agri-Food today, in fact, so that the directors could not make their own case. I will not dwell on this except to say that there are such natural and obvious parallels between these two longstanding trade irritants between our two countries.

I will simply say this, and perhaps I can do it best by quoting John Morriss, the editor and publisher of the Farmers' Independent Weekly, who says that a dual marketing board is “a chimera”, that it cannot work. He asks farmers to recall the voluntary central selling agency, which was run by the pools in the 1920s, and the voluntary Canadian wheat board, which began in 1935. Both of these voluntary wheat board organizations had spectacular bankruptcies. They were likely the two biggest business failures in Canadian history. The voluntary Canadian wheat board lost $62 million in 1938-39, which was an enormous sum at the time and the largest bankruptcy in Canadian history.

The way we explain this is really quite simple, even to a lay person like me. The reason a dual market for marketing Canadian wheat will not work is simply this: if the open market is higher than the initial payment, then the board gets fewer deliveries, and if the initial payment is higher than the market, it gets those--

Softwood Lumber Products Export Charge Act, 2006Government Orders

December 5th, 2006 / 1:50 p.m.

Conservative

James Bezan Conservative Selkirk—Interlake, MB

Mr. Speaker, I rise on a point of order. The member for Winnipeg Centre is going on about the Wheat Board. The debate right now is on softwood lumber and Bill C-24. I would ask that he get back on topic. I would ask that he discuss the matter at hand and not get off track.

Softwood Lumber Products Export Charge Act, 2006Government Orders

December 5th, 2006 / 1:50 p.m.

The Acting Speaker Royal Galipeau

I thank the member for Selkirk—Interlake for his point of order. He does know that although we are studying Bill C-24, the hon. member for Winnipeg Centre, like all members, does have quite a bit of latitude in doing this. I am sure the hon. member for Winnipeg Centre will get back to the point.

Softwood Lumber Products Export Charge Act, 2006Government Orders

December 5th, 2006 / 1:50 p.m.

NDP

Pat Martin NDP Winnipeg Centre, MB

Mr. Speaker, in the context of debating Bill C-24 I was using as an example the similar parallel trade irritant of the Canadian Wheat Board. I think there is a connection, enough of a one to allow me to finish my thoughts in that regard, and then I will come quickly to a summary of the NDP's view on why we are opposed to the current softwood lumber agreement deal.

I was trying to explain that the reason the dual desk marketing system will not work for the marketing of Canadian wheat is that if the open market price is higher than the initial payment, the board gets fewer deliveries. If the initial payment is higher than the market, it gets all the deliveries but it has to sell the product at a loss. It simply cannot work.

In the case of both of these examples, both of these major trade irritants between Canada and the United States, the Conservative government feels compelled to roll over and do exactly what the Americans want it to do. The Americans want the government to give up, even in cases where it is close to victory. When it could have in fact delivered a resounding victory in the softwood negotiations, the government chose not to. It bailed out too early. It left too much on the table.

I would like to quote Margaret Atwood and her view in this regard:

It's said the beaver bites off its testicles when threatened. If true, the beaver is certainly an apt symbol, if not for Canada, certainly for a succession of governments which, when faced with ceaseless bullying, react by carving off pieces of the nation.

That is, carving off our own independence, and I think the words of Margaret Atwood are very prescient and very wise in this regard.

Let me tell members one specific thing. Above and beyond leaving $450 million on the table for the Bush administration, and $500 million that goes directly to the American softwood lumber industry, again so that it can continue its relentless assault on the Canadian softwood lumber industry, one of the things that bothers me most about this deal is that it actually discourages value added manufacturing of softwood lumber in Canada.

My father used to comment on this. Whenever we saw a truck full of raw logs rolling down the highway, logs leaving the country in their round, raw log form, my dad called it economic treason to allow that raw product to leave the country without the value adding that would create quality Canadian jobs. This particular softwood lumber agreement actually discourages value added manufacturing, because the export taxes are based upon the value of the exported product. The softwood lumber deal therefore discourages value added manufacturing by imposing penalties on the value added production and thus creating an incentive for exporting raw logs.

I will quote Stephen Atkinson, the director of paper and forest products research at the Bank of Montreal. He says, for instance:

Let's say you're paying a duty--pick a number again, 15% or 5% or whatever it is. If you can bring in the log without any duty to the United States, then of course it makes sense to put the lumber mill there and create jobs south of the border.

I would like to think that Canadians have moved beyond this image of being hewers of wood and drawers of water. I would like to believe that we have the ability to manufacture and add value to the export of these natural resources, these Canadian commodities. We should not be entering into any kind of agreement that would limit or discourage value added manufacturing for softwood lumber in Canada.

I have 25 good reasons why the NDP is opposed to this deal, but time does not permit my going through them in any great detail. Suffice it to say that we have launched a courageous battle to warn Canadians and to inform Canadians that we are about to enter into a dangerous, precedent setting bad deal.

Softwood Lumber Products Export Charge Act, 2006Government Orders

December 5th, 2006 / 1:55 p.m.

Conservative

Ken Epp Conservative Edmonton—Sherwood Park, AB

Mr. Speaker, I know that we are talking about softwood lumber, but somehow these members keep bringing in the Wheat Board.

The member mentions not taking our raw products out of the country to be processed in another country, which is a very valid argument when we are talking about a softwood lumber agreement. I wonder, then, how he can possibly defend the Wheat Board, which prevents us from having value added in those grain products in our own country.

Softwood Lumber Products Export Charge Act, 2006Government Orders

December 5th, 2006 / 1:55 p.m.

NDP

Pat Martin NDP Winnipeg Centre, MB

Mr. Speaker, in addition to Canada's multiple NAFTA and WTO victories, the October 13 Court of International Trade judgment finally confirmed that Canada was very close to a decisive victory. Within 24 hours of Canada and the U.S. forcing the amended October 12 softwood lumber agreement, 19 pages of previously undisclosed amendments, the U.S. court declared that to recover all of Canadian industry money and to establish free lumber trade immediately, no agreement was necessary.

As of October 13, our worst fears were realized. The views of our member for Burnaby—New Westminster were validated, and we now know we made a terrible deal. We bargained from a position of weakness. Instead of standing up on our hind legs to the Americans and fighting for what was right, we bargained on our knees. No one stood up for Canada. People rolled over instead and accepted a substandard deal when we were a hair's breadth away from getting the whole kit and caboodle. The whole $1 billion could have been delivered to us.

Instead of a 100% return and fair and free trade, the government has seized $1 billion of the Canadian industry's money to complete its tax funding scheme and to deliver it to the U.S. government.

I wish I had time to explain for Canadians what section 18 of the softwood lumber agreement does, but it sets a precedent about which every Canadian in every industry sector should be very concerned.

Softwood Lumber Products Export Charge Act, 2006Government Orders

December 5th, 2006 / 1:55 p.m.

Liberal

Roger Valley Liberal Kenora, ON

Mr. Speaker, I thank the member for Winnipeg Centre for giving us all the credit for being on the right track. When we were in government, that is not what the NDP said.

Very clearly, we heard him say over and over again that the Liberal government was on the right track with softwood lumber, that we should have stayed the course and we would have finished with all the money returned back to Canada.

Therefore, we thank him for giving credit to the Liberal government.

Softwood Lumber Products Export Charge Act, 2006Government Orders

December 5th, 2006 / 1:55 p.m.

NDP

Pat Martin NDP Winnipeg Centre, MB

Mr. Speaker, the reason Bill C-24 is fiscally flawed is the payout is based on Canadian softwood exporters that are owed the equivalent of 95% of the total $5.3 billion in illegal duties paid to the U.S. We know full well that the Conservative government fell far short of the 95% target, despite contrary public representations which makes the special tax essential and imposes costs on taxpayers funding these advance payments.

Softwood Lumber Products Export Charge Act, 2006Government Orders

December 5th, 2006 / 1:55 p.m.

The Acting Speaker Royal Galipeau

Before we go to statements by members, there will be seven minutes left in questions and comments for the hon. member for Winnipeg Centre when we return to the study of Bill C-24.

Softwood Lumber Products Export Charge Act, 2006Government Orders

December 5th, 2006 / 3:30 p.m.

The Speaker Peter Milliken

Order, please. We are resuming debate on the bill.

When the debate was interrupted for question period, the hon. member for Winnipeg Centre had the floor for questions and comments. I am therefore calling for questions and comments addressed to the hon. member for Winnipeg Centre.

Softwood Lumber Products Export Charge Act, 2006Government Orders

December 5th, 2006 / 3:30 p.m.

Bloc

Christian Ouellet Bloc Brome—Missisquoi, QC

Mr. Speaker, the member for Winnipeg Centre talked about the past, but he did not talk about the future. However, the softwood lumber agreement has been in effect since October 12.

Does he believe we would save jobs if we voted against this bill?

Would companies be in a better position tomorrow if we voted against this bill now?

How would he manage the legal vacuum that would result?

How would he explain to companies in Quebec that he had let them down?

The member says that we won in court. It is true that we won a number of times in court, but the money still did not come. The money was paid because there was an agreement. Even though we are not happy with that agreement, it exists nonetheless.

Is the NDP member saying that we should take the money and run, without signing the agreement, even though companies have starting receiving the money?

In my opinion, that makes no sense. Can the NDP member tell us what will happen tomorrow, not yesterday, if we do not pass this bill at third reading?