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”.

SOFTWOOD LUMBER PRODUCTS EXPORT CHARGE ACT, 2006Government Orders

November 22nd, 2006 / 4:35 p.m.

NDP

Olivia Chow NDP Trinity—Spadina, ON

Mr. Speaker, we know that there have been two court decisions recently, one on July 14 where the top U.S. trade court, the Court of International Trade, ruled that the payout, under the so-called amendment, to the U.S. firms that launched the lumber trade actions was illegal. Prior to that there was another court judgment.

Would the hon. member describe to us why this trade deal not only wastes Canadian taxpayers at least a billion dollars but what does it do to the NAFTA trade dispute resolutions that were supposed to save all the different court challenges caused by NAFTA?

SOFTWOOD LUMBER PRODUCTS EXPORT CHARGE ACT, 2006Government Orders

November 22nd, 2006 / 4:35 p.m.

NDP

Nathan Cullen NDP Skeena—Bulkley Valley, BC

Mr. Speaker, here is an incredible scenario before us. When the NAFTA was being negotiated and when the FTA in particular was being negotiated, the Americans very much wanted access to our energy. They very much wanted energy to be placed within the FTA and then eventually into the NAFTA.

Canada resisted and for good measure. Under the principles of the agreement, once the pipeline is opened up to a certain level, under no circumstances, even our own national interests, can we ever lower that amount of energy going forward. More than 50% is now leaving the oil sands in Alberta to the American markets. It is heading toward 60% almost.

What we did in trading away that energy profile and trading away that access is we said, “Give us this dispute resolution panel”. We realized and recognized there was at least some sense of sensibility within the trade negotiators at the time that there was an unbalanced relationship in power. The Americans knew that we depended so much on their market for our goods. Our negotiators realized in some small moment of brilliance that we needed to rebalance the power between the trade partners and establish this panel. This panel was meant to settle the disputes when one was overpowering the other, as is the case with the softwood lumber tariffs.

Lo and behold, the panel under this deal is absolutely null and void. There is no sense in even establishing it or having it any more because we have caved. We have said that even when the panel sided for Canada and even when the Court of International Trade sided with Canada, we are willing to take defeat. We are willing to accept less than what the dispute panel and all the other courts have decided in our favour.

Canada is not even accepting silver. It is not even getting on the podium. When we had the gold in our hand and the victory was ours and every dollar was meant to be returned, Canada said, “We would rather not have that. We would rather have something else”.

We thereby set a precedent that other industries within the United States who seek protectionist measures will follow and we have said as much because the practice has been borne out. If Canada is pushed hard enough, long enough, and far enough, it will cave. What we will do is offer up our future. What we will do is offer up communities that do not politically matter at this particular time.

It is a shame to be calling this negotiation a fair trade or free trade or anything. This has to be the greatest misnomer in economic trade history. It has allowed some pretence to Canadians to feel as though we actually have access to the U.S. market. Only 50% of our products actually fall under NAFTA. The rest fall under favoured nation status.

The illusion is perpetrated by the elites in this country, by Bay Street and others, that somehow this deal is a panacea. They say that it is a wonderful thing for Canada and that it also protects our access to the U.S. markets. This is even when we have completely lost, we have chosen the path of defeat, and we have chosen to not listen to the court hearings and to the decisions that have been passed down by U.S. and international courts alike.

Canada's willingness and determination to actually establish fair and free trade with our partners to the south, who we rely on and who we need for our future economic prosperity, will allow something else to take place. This will allow some absolute miscreation. This devilish deal perpetrates a complete apprehension of the idea of fair and free access to the U.S. market.

It is a shame and a travesty. I truly worry for the communities that I represent and for their ability to have any sense of representation from the government because it is gone under this deal.

SOFTWOOD LUMBER PRODUCTS EXPORT CHARGE ACT, 2006Government Orders

November 22nd, 2006 / 4:40 p.m.

NDP

Irene Mathyssen NDP London—Fanshawe, ON

Mr. Speaker, in the past month I have done a great deal of reading and listening with regard to the government's softwood lumber agreement and I have come to only one conclusion, which is that this softwood lumber deal is a sellout and it is bad for Canada. There are many reasons why and I would like to take some time this afternoon to list a few of those reasons.

First, it is based on the falsehood that Canadian softwood lumber industries are subsidized. This falsehood was exposed and rejected in every NAFTA and U.S. commercial court ruling, all of which have clearly sided with the Canadian industry.

Second, it gives away $500 million in funds owned by the Canadian softwood industry to subsidize the U.S. Coalition for Fair Lumber Imports.

Third, it provides $450 million in funds to the Bush administration that the President of the United States can use at his discretion, without congressional approval and without any accountability. One can only wonder at what George Bush will do with these ill-gotten Canadian funds.

If we put those two together, it is nearly $1 billion. This is $500 million so the U.S. Coalition for Fair Lumber Imports can come at us again and $450 million in the hands of the President of the United States. I do not know about other members but it gives me chills just thinking about that.

In addition, this deal can be cancelled unilaterally at any time and does not provide stability and predictability to the Canadian softwood industry. It constrains trade unreasonably by applying punitive tariffs and quotas that hinder the flexibility of the Canadian softwood industry. It also infringes on provincial constitutional prerogatives by not just Ottawa but by Washington. It is bad enough that Ottawa can interfere in provincial jurisdiction but to have Washington calling the shots is just unconscionable.

The softwood deal also kills the credibility of the NAFTA dispute settlement mechanism which would have ensured a full refund to the Canadian softwood industry of the entire $5.3 billion of illegally collected duties. Was it not just recently that both the Liberals and the Conservatives were delivering the siren call of the NAFTA deal and how important that was? To see it being scuttled and totally abandoned now is quite remarkable.

This deal sets a bad precedent not only for softwood lumber but for any other industrial sector in Canada. That should send shivers through this country, not just the softwood industry but every other industrial sector. It opens the door to U.S. attacks on all Canadian industries. They can target any industry and go after it because they were very successful with softwood. They will find a group and then follow the same plan as before.

The deal does nothing for the thousands of workers who lost their livelihoods over the past five years. There is nothing in the softwood lumber agreement to deal with the major disruption that the U.S. abuse of trade rules has caused to the working families in the communities of Canada. There is absolutely no compensation for people who have lost their jobs or for the communities that have suffered as a result of those job losses.

This deal will also potentially trigger significant job losses through further consolidation caused by the quotas and export taxes and by discouraging Canadian value-added production and stimulating raw log exports. Value-added industries are the key to our economic future. If we are to be hewers of water and those who can only use our resources to export, we will not progress at all in this modern economy.

The deal also forces a further downsizing of the Canadian softwood industry, with the accompanying huge impacts on softwood communities throughout Canada.

The deal discriminates against Canadian companies that refuse to sign the softwood lumber agreement by resorting to bullying and fiscal arm-twisting. This is an abuse of power.

This deal will not deter American litigation in the near future, as evidenced by the recent move of the Bush government to overturn the United States Court of International Trade, CIT, decision of April 7 and July 14 which ruled that the Byrd amendment could not apply to Canadian merchandise.

I believe I have given a significant number of reasons. In fact, I have just outlined 14 reasons why Bill C-24 is fiscally flawed. The payout is based on Canadian softwood exporters who are owed the equivalent of 95% of the total $5.3 billion in illegal duties paid to the U.S. We know that the Prime Minister has not reached the 95% target, which means additional costs to the Canadian softwood industry and to taxpayers. Taxpayers should be watching this bill very closely because they will be the worst for its passing.

The 15th reason is that the participation process was flawed. While U.S. customs has put in punitive taxes on about 1,500 Canadian softwood companies, the minister responsible initially conducted secret meetings with a core group of about 25 large softwood companies. The consultation process must be far broader than that.

The Standing Committee on International Trade passed an NDP motion in support of further hearings on the softwood issue in northern Ontario, Quebec and B.C. More hearings are needed, not fewer. More hearings are needed by the committee to ensure the recommendations that need to be in place are indeed in place.

The deal does not account for the seasonal nature of the market. Companies are not allowed the flexibility to sufficiently carry forward export quotas to other months, which would lead them to consistently undershoot their export ceilings.

Also, at current or potential market benchmark prices, the Canadian softwood industry would pay more in punitive tariffs under the softwood lumber agreement of 2006 than the current illegal American tariffs. Can anyone imagine making a deal in which we pay more? It is like asking someone to hit us over the head with a mallet. If we pay more and have more charges, we will be less competitive. It is like being asked to be hit again.

The quotas will not replace the export tax until 2007. As of October 1. everyone, east and west, will pay a 15% export tax for three months. This is a considerable sum of money. Also, Canadian softwood companies that seek a refund through the EDC could be losing interest on their money. They could forfeit about 20% of their return and pay an additional tax of 19%. So much for Conservatives the tax fighters. This is astounding.

Bill C-24 contains no contingency provision pertaining to entry into forest and softwood lumber agreement 2006. Consequently, when the tax of 15% goes into effect on October 1, a Canadian softwood company may still be paying an additional 10.8% to the U.S. on that day.

The 22nd reason, and we are logging up quite a few here if you will pardon the pun, Mr. Speaker, is that the Provinces of B.C., Ontario and Quebec are behind this deal for the wrong reasons. The reality is that the three provinces are overexcited about getting the money and have given little consideration to the longer term, broader implications of this deal.

I have many more reasons and I wish I had time to go through all of them but the current Prime Minister was clear on how the softwood lumber agreement should be negotiated. In Hansard on October 24, 2005, he said:

Most recently, the NAFTA extraordinary challenges panel ruled that there was no basis for these duties, but the United States has so far refused to accept the outcome and has asked Canada to negotiate a further settlement.

I will repeat what I have said before and I will be as clear as I can. This is not the time for negotiation or for compliance and that was before the final legal victories. I speak from the heart and for my constituents in the forest city of London when I say that this is a sellout. We cannot accept this deal. We must negotiate something that works for Canada and Canadians.

SOFTWOOD LUMBER PRODUCTS EXPORT CHARGE ACT, 2006Government Orders

November 22nd, 2006 / 4:50 p.m.

NDP

Peter Julian NDP Burnaby—New Westminster, BC

Mr. Speaker, the member for London—Fanshawe has done a remarkable job of addressing the many problems, errors and botching of this bill and of this softwood sellout.

The member represents a proud city, the city of London, which is currently in a byelection. The Liberals are saying that folks in London should be voting for them so they will have a good representative in Ottawa. However we have seen here in Ottawa that the Liberals, when the camera lights were on, talked about opposing the softwood agreement and opposing the sellout because they somehow understood it, but the second the camera lights went out they worked behind the scenes with the Conservatives to ram the bill through committee. The Liberals and the Conservatives, working together, said there would be no debate on half the bill and limited time on provisions that include errors around double taxation, a double export tax for companies and other huge egregious errors, and the Liberals and Conservatives, the dynamic duo of the devils, worked together to force the bill through committee. It is now in the House because of the Liberals.

I would like to ask the member for London—Fanshawe how the Liberals could be so hypocritical and why anyone in London would want to vote for a Liberal when they have shown such poor representation in the House of Commons.

SOFTWOOD LUMBER PRODUCTS EXPORT CHARGE ACT, 2006Government Orders

November 22nd, 2006 / 4:50 p.m.

NDP

Irene Mathyssen NDP London—Fanshawe, ON

Mr. Speaker, the immediate response is practice. It is very clear that there have been unconscionable attempts in committee to silence the hon. member in his attempts to bring the bill to a point where it would actually works for Canadians and for the people who are depending on the softwood lumber industry.

In terms of the member's question about London--Fanshawe, it is not just on jobs where we see that the Liberals have failed London. It is also in the realm of affordable housing. We had a Liberal minister in London North Centre who promised everything. He said that he could support the people who worked there but did the Liberals support anti-scab legislation? No. The same minister insisted that he would provide affordable housing. London, Ontario is second only to the city of Toronto in terms of homelessness in the province of Ontario.

This record is disgraceful. It underscores over and over again how the Liberals have failed Canadians, have failed Ontarians and have failed Londoners. I will tell the House that it will not happen again after November 28 because there will be another NDP MP in London and she will come to this place and she will make a difference.

SOFTWOOD LUMBER PRODUCTS EXPORT CHARGE ACT, 2006Government Orders

November 22nd, 2006 / 4:50 p.m.

NDP

Pat Martin NDP Winnipeg Centre, MB

Mr. Speaker, I was paying close attention to my colleague's speech and one of the most compelling remarks she made was what she itemized as number six. I believe it talks about Canada as a sovereign nation signed on to this unprecedented clause in the bill that would require provinces to first vet any significant changes in their forest industry policy with the Washington, D.C. In other words, it is unprecedented that we would need to ask Washington if it were okay to change something like stumpage fees or our cutting levels.

What does the hon. member think of the significance of this dangerous precedent being set, surrendering our sovereignty and the Bloc supporting it?

SOFTWOOD LUMBER PRODUCTS EXPORT CHARGE ACT, 2006Government Orders

November 22nd, 2006 / 4:50 p.m.

NDP

Irene Mathyssen NDP London—Fanshawe, ON

Mr. Speaker, the hon. member has made a very salient point and has emphasized my concern. This is a sovereign nation and we make our own decisions when it comes to the determination of sovereignty in the north and to our industries and job creation.

We have lost a great deal in the recent past. We lost our Auto Pact. In my city, the automotive industry is a significant employer. Our economy depends very much on auto making and on the parts industry.

The Liberals signed away the Auto Pact and now we see the Conservatives signing away our authority, our autonomy in terms of the softwood lumber deal. One has to wonder what is next. When we look at our precious programs, like health care and the supports to our community, one has to worry about what indeed is next.

SOFTWOOD LUMBER PRODUCTS EXPORT CHARGE ACT, 2006Government Orders

November 22nd, 2006 / 4:55 p.m.

The Acting Speaker Andrew Scheer

Is the House ready for the question?

SOFTWOOD LUMBER PRODUCTS EXPORT CHARGE ACT, 2006Government Orders

November 22nd, 2006 / 4:55 p.m.

Some hon. members

Question.

SOFTWOOD LUMBER PRODUCTS EXPORT CHARGE ACT, 2006Government Orders

November 22nd, 2006 / 4:55 p.m.

The Acting Speaker Andrew Scheer

The question is on the motions in Group No. 1, starting with Motion No. 4. Is it the pleasure of the House to adopt the motion?

SOFTWOOD LUMBER PRODUCTS EXPORT CHARGE ACT, 2006Government Orders

November 22nd, 2006 / 4:55 p.m.

Some hon. members

Agreed.

No.

SOFTWOOD LUMBER PRODUCTS EXPORT CHARGE ACT, 2006Government Orders

November 22nd, 2006 / 4:55 p.m.

The Acting Speaker Andrew Scheer

All those in favour of the motion will please say yea.

SOFTWOOD LUMBER PRODUCTS EXPORT CHARGE ACT, 2006Government Orders

November 22nd, 2006 / 4:55 p.m.

Some hon. members

Yea.

SOFTWOOD LUMBER PRODUCTS EXPORT CHARGE ACT, 2006Government Orders

November 22nd, 2006 / 4:55 p.m.

The Acting Speaker Andrew Scheer

All those opposed will please say nay.

SOFTWOOD LUMBER PRODUCTS EXPORT CHARGE ACT, 2006Government Orders

November 22nd, 2006 / 4:55 p.m.

Some hon. members

Nay.