An Act to amend the Special Import Measures Act (domestic prices)

This bill is from the 39th Parliament, 2nd session, which ended in September 2008.

Sponsor

Diane Bourgeois  Bloc

Introduced as a private member’s bill. (These don’t often become law.)

Status

Defeated, as of Dec. 12, 2007
(This bill did not become law.)

Summary

This is from the published bill.

This enactment sets out the conditions required for deeming whether domestic prices in a country are substantially determined by the government of that country and there is sufficient reason to believe that they are not substantially the same as they would be if they were determined in a competitive market.

Similar bills

C-411 (39th Parliament, 1st session) An Act to amend the Special Import Measures Act (domestic prices)

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-411s:

C-411 (2024) An Act to amend the Criminal Code (arson — wildfires and places of worship)
C-411 (2018) An Act to amend the Official Languages Act (understanding of official languages)
C-411 (2013) An Act to amend the Canada Labour Code (occupational disease registry)
C-411 (2012) An Act to amend the Canada Labour Code (occupational disease registry)

Votes

Dec. 12, 2007 Failed That the Bill be now read a second time and referred to the Standing Committee on International Trade.

Special Import Measures ActPrivate Members' Business

October 18th, 2007 / 6:50 p.m.

The Acting Speaker Andrew Scheer

The hon. member will have five minutes left to finish his remarks the next time the bill comes before the House.

It being 6:54 p.m. the House stands adjourned until tomorrow at 10 a.m. pursuant to Standing Order 24(1).

(The House adjourned at 6:54 p.m.)

The House resumed from October 18 consideration of the motion that Bill C-411, An Act to amend the Special Import Measures Act (domestic prices), be read the second time and referred to a committee.

Special Import Measures ActPrivate Members' Business

December 6th, 2007 / 5:55 p.m.

Liberal

Navdeep Bains Liberal Mississauga—Brampton South, ON

Mr. Speaker, I rise to speak to Bill C-411, An Act to amend the Special Import Measures Act (domestic prices). The summary of the bill states:

This enactment sets out the conditions required for deeming whether domestic prices in a country are substantially determined by the government of that country and there is sufficient reason to believe that they are not substantially the same as they would be if they were determined in a competitive market.

I understand the concerns and issues, and I understand the spirit of the bill. It essentially targets two specific areas. One is dumping practices, which I will talk about, and the other is the pressure on our domestic market. I would say that the manufacturing, forestry, and textile sectors would be the relevant sectors that feel competition from imports, especially when it comes to our dumping practices.

Dumping is an anti-competitive practice that undermines domestic production. Dumping is the sale of a product for export at less than its normal value.

Artificial price reduction is illegal under the World Trade Organization rules because it harms producers in the export market. This strategy also harms exporters of similar products in third countries because they are unable to compete with artificially cheap exports from the dumping country.

If Canada can show that a foreign exporter is dumping products on its market and that these imports could harm Canadian producers, it is entitled to impose anti-dumping measures, such as charging an import duty to raise the price of a certain product to better reflect its actual value in accordance with WTO law.

As I indicated, that is definitely a legitimate concern and something that we need to address. I will allude to some of the concerns I have about this bill specifically around dumping practices. There are other concerns, as I mentioned earlier on, in the manufacturing sector and the forestry sector.

The manufacturing sector alone represents 18% of economic activity in Canada and its contribution to wealth creation is even greater. Since December 2002 until November, statistics indicate that over 210,000 jobs have been lost in manufacturing alone. This is enormous pressure on our manufacturing sector and it needs to be addressed.

What bothers me profoundly is that the current government is aggressively pursuing trade negotiations with the South Koreans and is putting in place a trade deal that would effectively further compound job losses in the manufacturing sector. I cannot understand why the government would pursue such an initiative. It wants to, in effect, create jobs in lower value-added areas that pay less and have less benefits. We would lose our high value-added Canadian jobs. This really concerns me.

There are other issues with respect to South Korea regarding non-tariff barriers that need to be addressed in that trade agreement that have not been addressed thus far by the minister. We have not had proper debate or discussion on that. We are working thoroughly in committee to address these concerns and hopefully that will shed some light on these important issues.

Most important, this is about families. When a person loses a job, it compromises his or her family's position. It is a loss of income. It also has a direct impact on the community. This has to be addressed as well. Not only have we lost those jobs but we are fundamentally shifting the landscape of our country with respect to the economic outlook going forward.

The other sector that is obviously under a tremendous amount of pressure is the forestry sector. Not too long ago the government signed a flawed deal, one that is referred to as the softwood sell-out, a title which I think is appropriate. This deal has questioned our sovereignty when it comes to forestry policies. By signing this deal we left $1 billion on the table, a substantial amount of money. It was a broken promise by the government. The government committed to collect the full amount of the tariffs, but it only collected 80¢ to the dollar, leaving $1 billion on the table. The government threw all our WTO and NAFTA rulings right out the door to settle for a deal that puts on quotas, and charges higher tariff rates to our industry.

Every day in the business section of the newspapers we read about forestry companies closing, mills closing and people losing jobs. This is not simply a matter of jobs. It affects families and communities. It has a ripple effect across our country and our economy. Not only is there concern about particular job loss, but many of these jobs, specifically if we consider the auto sector, have seven to eight spinoff jobs that are lost as well because they are directly correlated with that initial job.

There are thousands of jobs being lost in manufacturing and forestry. I can understand the intent of this private member's bill is to make sure that our economy avoids dumping practices and also avoids the unfair pressure on our manufacturing sector, the forestry sector and the textile sector and other important key industries in our economy.

I indicated before that I do have some reservations and concerns about this particular bill. The bill seeks to codify the conditions used to determine if an export monopoly exists in a given country. It does this by outlining five conditions which, if any of them were not met, would automatically result in a country being deemed to have an export monopoly.

This bill is redundant and seeks to tell the president of the Canada Border Services Agency how to do his job. The president of the CBSA is the one who currently makes this determination.

In my opinion, the categories are broad and could conceivably result in almost any country being designated as having an export monopoly. This includes the United States and the European Union which the CBSA already relies on to determine “normal market practices”. This again impairs the ability of the CBSA and the Canadian International Trade Tribunal to do their jobs.

These are legitimate concerns that our party has. The concerns that this bill wants to address can be dealt with through a variety of mechanisms, including the existing trade agreements, as well as trade tribunals. These issues are better addressed during trade negotiations.

The Liberal Party has always advocated for trade agreements which seek a fair balance, free and fair trade. We have done so and have demonstrated this in our discussions on the South Korea free trade negotiations.

The Liberal Party is a party of free trade. We have a long history of promoting free and fair trade. If we look at our trade negotiations with South Korea, our concern generally has revolved around market access. We want to make sure that Canadian products have a level playing field when being sold in South Korea. We do not want South Korean products to come into our market and our companies and our hard-working Canadians have difficulty selling our products into the South Korean market. This is a legitimate concern that we have. This is the concern that is being addressed.

As I said in my remarks, that there were some concerns that we had around Bill C-411. I have addressed our concerns about the bill. I will again remind the members who are listening that we have reservations and concerns.

We have said that the bill seeks to codify the conditions used to determine if any export monopoly exists in a given country. It does this by outlining five conditions that if were not met would automatically result in a country being deemed to have an export monopoly.

Our party has expressed its concerns about this bill. We understand the spirit and the intent of the bill. We understand the pressures that are currently being felt in our economy from dumping practices. We have alluded to and explained the process around the dumping practices. There is a system in place to address this.

We feel that this bill is too simple. It does not have the wording and the mechanism in place to properly address the concerns that have been raised by some members.

As I have said before, the Liberal Party understands the concerns. We feel that those concerns can be addressed in trade agreements and through trade tribunals. That is something that the Liberal Party has supported as a party of free and fair trade. We look forward to further discussions on this bill.

Special Import Measures ActPrivate Members' Business

December 6th, 2007 / 6:05 p.m.

NDP

Wayne Marston NDP Hamilton East—Stoney Creek, ON

Mr. Speaker, I rise today to speak to Bill C-411. I will begin by saying that we, the NDP members of the House, will be supporting the bill when it comes to a vote.

My community of Hamilton has long been one of the central manufacturing areas for all of Canada. For generations, men and women from my riding of Hamilton East—Stoney Creek have filled the plants of Hamilton, working hard to keep Hamilton's industrial engine turning. Lately, far too many of those hard-working Canadians have been put out of work. It is not just a Hamilton trend, but that trend plays across every province of Canada in all core manufacturing areas, with the greatest damage happening in Quebec, Ontario and B.C.

Clearly, the manufacturing sector must not be ignored any longer. Measures such as those contained in Bill C-411 are needed now to help prevent the further dumping of cheap foreign goods into Canada and the loss of manufacturing jobs that will absolutely follow.

As well, it is vitally important to the well-being of our country that Canadians start to buy Canadian. Cross-border shopping feels like an adventure to some, but I would ask Canadians to pause and take a moment to take into account the effect it has on their economy and their neighbours' livelihoods.

Not all is lost, though, because these days I am hearing more and more constituents of Hamilton East—Stoney Creek talk about buying Canadian to save Canadian jobs. Sadly, this has not begun to happen because of the leadership of the Conservative government. No, it is mainly as a result of a growing understanding of the impact that cross-border shopping has been having on our economy.

As well, everyone who is watching the media will know that the fear of toxins coming into North America imported from other countries, particularly from China, has begun to spur a buy Canadian attitude, so in a roundabout way, the common sense of Canadians is beginning to take hold and they are fighting back. We could use more of their common sense in this place. Then the members just might stop performing for the cameras and start performing for Canadians.

One point I want to be clear on, which will come as no surprise to government members, is that the NDP looks at the marketplace much differently than other political parties do. For instance, we do not believe health care should be a part of the open market, or we will wind up like the U.S. spending double per capita on health care than we do now in Canada and getting worse results.

On the other hand, we also believe that there are areas that need to be protected by the public sector. There is a role as well for the private sector to play here too. We believe that Canada must have market based definitions to protect Canadian jobs from foreign dumping.

The steel industry in Hamilton is a case in which the steel companies are very much at the mercy of foreign companies which dump their excess inferior steel into our market, undercutting our very best steel producers.

Going back to the broader manufacturing crisis, an example of the failings of both the Liberal and Conservative governments over the past five years is how they stood by and watched over 50,000 textile and clothing jobs simply disappear. After listening to the Conservatives during this particular debate and others when they so glibly shout out “a promise made, a promise kept”, today that rings hollow in the face of the deepening crisis and job loss in the manufacturing sector.

The record shows that the Parliamentary Secretary to the Minister of International Trade while in opposition said:

A Conservative government would stand up for Canadian workers and work proactively through international trade policies to ensure Canada competes on a level playing field.

Fine words, but the Conservatives simply have not got the job done on this file.

Today we have literally thousands of workers from Hamilton's manufacturing plants waiting for their federal government to do something, anything, to protect their jobs. The only standing up for Canadian workers that the current government has done to date, and the last government for that matter, is to stand up and wave goodbye to the jobs.

If I am starting to sound a little angry, it is because I am. In point of fact, Hamilton lost 11,000 jobs just in the last year. Between 2002 and 2007, close to 300,000 manufacturing jobs have been lost across the country. Then people wonder why poverty is on the rise. That is 300,000 breadwinners who have gone from well paying jobs to where?

I will wait for it, because of all its best lines about growth and the McJobs that the government will claim to have created with its policies. If we look around, older workers, and so many in manufacturing are older workers, get retrained and then they are handed a spatula and turned loose.

Canadian families are struggling. They have to do more and more with so much less money. The value of their earnings has dropped significantly and they have watched their buying power lose ground since 1989. Remember 1989, that was the year of the free trade agreement. It was free all right. It freed many Canadians of their jobs.

For close to 20 years, I have watched my friends and my neighbours lose their jobs, lose their homes and lose hope while they waited for the real intervention from their federal government to protect them. They cannot wait any longer. The government has a responsibility to act now. Stop the spin, stop the BS and put together a real and comprehensive manufacturing strategy, a strategy devoid of partisanship. Come together with business and labour and the best economic strategists in the country and do it now.

Special Import Measures ActPrivate Members' Business

December 6th, 2007 / 6:15 p.m.

Bloc

Robert Vincent Bloc Shefford, QC

Mr. Speaker, I am very pleased to speak to Bill C-411, even though I am somewhat less pleased now that I have heard what the Liberals have to say. They think that the Canadian International Trade Tribunal can resolve all disputes. But how many of the tribunal's decisions has Ottawa respected since it was created? None. They should not be telling us that there are measures in place to ensure that the Canadian International Trade Tribunal's decisions are respected because Ottawa has not honoured a single one of the tribunal's decisions. The argument does not hold water; it does not make sense.

Where did Bill C-411 come from? The answer is easy: it came from the manufacturing sector's report. The report submitted by the Standing Committee on Industry, Science and Technology was unanimous. I will read the 10th recommendation from the report, a report that the Liberals, the Conservatives and the NDP all supported:

That the Government of Canada conduct an internal review of Canadian anti-dumping, countervail and safeguard policies, practices and their application to ensure that Canada's trade remedy laws and practices remain current and effective. This review would also include comparisons with other World Trade Organization members such as the European Union and the United States.

I did not write that text. The manufacturing sector did. We spent a year talking to representatives from industry, the manufacturing sector and unions. We included this recommendation in the report. I did not make this up. The report was unanimous.

As for making comparisons with the WTO, the European Union and the United States, the work has been done. We studied the issue because the Conservatives demonstrated zero political will to help the manufacturing sector. I thought the Liberals might understand because they have been asking the Conservatives to help the manufacturing sector. However, when it is time to walk the walk, they refuse to get up from their chairs. In contrast, the members of the Bloc Québécois are standing up for manufacturers.

I would like to read five criteria, which were not just pulled out of a hat. The United States and the European Union follow these criteria. The first is as follows:

Prices, costs and inputs have to be determined by supply and demand.

This is not the case in China, where things do not work based on supply and demand, but are determined by the president. Maximum salary levels, for example, would not be a production cost determined by the laws of the market. That is the first criterion.

The second and third criteria are as follows:

Firms have to have one clear set of basic accounting records, independently audited in line with international standards.

The production costs and financial situation of firms must not be subject to significant distortions carried over from previous non-market economy systems.

This could involve, for example, cheap privatizations. The fourth criterion states:

Firms are subject to bankruptcy and property laws.

They are therefore subject to these laws which provide legal security and stability for their daily operations. These types of companies are essentially unseizable, because bankruptcy laws are inadequate and cannot be enforced. So, these companies can operate indefinitely without paying their debts, which obviously cuts down on operating costs.

The final criterion reads as follows:

Exchange rate conversions must be carried out at market rates.

This includes a floating exchange rate determined for each transaction by the balance between supply and demand on the foreign exchange market.

This bill would specify the conditions for determining whether a country meets the economic definition of market during the assessment of the normal value of goods that are part of an antidumping investigation.

The United States and the European Union have these five criteria. Why is Canada going its own way? For us, it is no big deal to let all sorts of items and products into Canada. We will welcome them with open arms, even if companies close. That is what we are doing. We are lax. We are doing absolutely nothing.

While other countries have a certain number of criteria, we are acting like a second class country. To Canadians, it is not important that we protect ourselves. It is much more important to protect others. We are going to let others profit at our expense, like good Canadians.

And on it goes. What is happening in my region today? Productions Ranger is restructuring. The story is in today's paper. The Ranger family has had to close five sewing plants, four they operated in Beauce, the riding of the former Minister of Industry, coincidentally, and one in Montreal, where 200 jobs have been cut.

Company representative Yvon Ranger said this:

We can compete against companies in Quebec or Canada, but we cannot compete against China. The major store chains buy almost nothing from Canada now. Everything is made in China.

This happened today. Five more plants have closed. Why? Because we are not doing anything. We are not doing anything because we do not have five criteria for analyzing another country's market economy. There is nothing complicated about this. It is not hard to have five criteria. But they still do not understand anything. I wish someone would explain to me why we cannot adopt these rules when other countries have adopted them.

Once again, the Bloc Québécois is looking for the support of all the members of this House to help the manufacturing sector. However, I believe that the Bloc Québécois and the NDP will be the only parties to support manufacturers. We are going to listen again to the Liberals ask the Conservatives to help the manufacturing sector.

This will be the second chance we have given them. The first chance we gave them was when we introduced a motion two weeks ago to save the manufacturing sector. But they stayed seated when it came time to vote.

We want to save the manufacturing sector. It would not cost a thing—not one dollar. We do not even need royal assent. We do not need anything. The only thing we need is votes to truly save the manufacturing sector in Quebec and Canada. Nonetheless, if people do not want to save it, then we will just have our simple little criteria that we can do nothing with.

In addition to doing nothing, we are told that the Canadian International Trade Tribunal is going fix everything. I said this earlier and I will have to say it again. Ottawa has never given its approval to any ruling by the Canadian International Trade Tribunal. Never. Now they would have us believe that this tribunal is going to fix everything. It is the Minister of Finance who decides whether or not the Canadian International Trade Tribunal ruling will be applied. Give me a break.

Let us provide the people who control border services with the tools to investigate properly. This is currently not possible.

Do hon. members know what Canada's criterion is? I will tell them. The agency uses just one criterion in every individual case of dumping. Canada determines whether China should be considered a market economy based on the following—and there is just one—criterion: domestic prices in a country are substantially determined by the government of that country and there is sufficient reason to believe that they are not substantially the same as they would be if they were determined in a competitive market.

That is our criterion. As such, in the recent dumping case, the agency determined every time that the Chinese government was not setting the prices. Of course not, it was the companies that set the prices, but they are subsidized.

What is our criterion? Did the government set the price? If not, these companies can import their products here. That is why the other countries have five criteria. It is not hard to figure out. When these five criteria are met, there is no dumping.

In closing, this bill could provide the Canada Border Services Agency with the necessary tools for determining whether emerging countries are practising dumping. Our businesses would be better protected instead of having to abide by inadequate investigations that are unable to protect them from dumping.

Time is of the essence. Some 68,000 jobs have already been lost in Quebec since the Conservatives came into power. As I was saying earlier, and I will say it again, this bill presents the same criteria used by the European Union and the United States.

Special Import Measures ActPrivate Members' Business

December 6th, 2007 / 6:25 p.m.

Conservative

Cheryl Gallant Conservative Renfrew—Nipissing—Pembroke, ON

Mr. Speaker, as the member of Parliament for the Ottawa valley riding of Renfrew—Nipissing—Pembroke, I welcome this opportunity to comment on the private member's bill tabled by the member for Terrebonne—Blainville calling on the government to amend a Special Import Measures Act.

The bill proposes an amendment to the Special Import Measures Act, Canada's trade remedy legislation that governs Canada's anti-dumping and countervailing duties on imports of dumped or subsidized goods that are found to cause injury to domestic producers.

Anti-dumping duties are additional duties designed to offset an exporters underpricing in an importing country's market. Countervailing duties are designed to offset the effects of foreign subsidies on imported products.

The act seeks to balance the interest between parties requiring protection from injuriously dumped or subsidized imports and those requiring access to imports to ensure profitability of their economic activities. This recognizes that Canadian industries are entitled to protection under certain circumstances and in conformity with internationally agreed rules. It also recognizes that Canada is a trading nation that relies on predictable trade flows, including the flow of imported goods, in order to remain competitive in the global economy.

The act can protect Canadian manufacturers from the injury inflicted by dumped or subsidized imports but was not intended to serve as a shield for Canadian companies in the face of the economic competitive realities of the global marketplace.

As the Government of Canada, it is our role and responsibility to represent all Canadians, which is quite different from the Quebec isolationists or separatists who lack the broader perspective that Canadian prosperity depends on open access to a free market.

There is no greater advertisement for a united Canada than a sharing of the prosperity that comes with being a member of the Canadian federation. We all benefit from Canada's status as a trading nation.

In my riding of Renfrew—Nipissing—Pembroke, my constituents depend on access to international markets for their products. Individuals, like Dave Mackay who is the local president of the National Farmers Union in Renfrew county, have expressed concern on behalf of members of what they feel is a serious financial crisis among hog and beef farmers.

I am pleased to confirm that I am working toward a meeting with our local agricultural producers in Renfrew county as together we will try to find solutions for problems in which there are no easy fixes.

The border has only recently re-opened to beef and exports for Canadian farmers to the United States. While we, on the government side, are working with our farmers and continue to be the most responsive government to farmers in over 14 years, I have a real concern that our hard work as a government could be lost as a result of this or some other private member's bill from a separatist member of the House of Commons.

The same situation applies to the softwood lumber industry. The lumber industry is a significant employer in my riding. I am proud of the fact that one of the first items of business, thanks to the leadership of our Prime Minister, was to negotiate an end to the softwood lumber dispute.

I appreciate the cooperation I have received from the Minister of International Trade on the softwood lumber file and look forward to his continued cooperation with my local lumber producers as we work together to improve upon the existing agreement.

The time had come to move forward. We got the job done.

I have many other industries in my riding that rely upon foreign markets. Under no circumstances do I feel that we should be taking any actions in this place to jeopardize employment for all Canadians, including constituents in the riding and province of the member who proposed this private member's bill.

Our new Conservative government has committed to enhancing Canada's international competitiveness with our long term national economic plan, “Advantage Canada”, a plan designed to make Canada a true world economic leader.

From Ireland, to Singapore, to the United Kingdom, other countries are developing competitive advantages based on their own strengths. Given Canada's social, demographic and economic circumstances, we have the opportunity to create a competitive advantage of our own.

Advantage Canada is focused on creating five Canadian advantages to help improve our quality of life and succeed globally. These are: a tax advantage to reduce taxes for all and establish the lowest tax rate on new business investment in the G-7; a fiscal advantage to eliminate Canada's total government net debt in less than a generation; an entrepreneurial advantage to reduce unnecessary regulation red tape and lower taxes to unlock business investment; a knowledge advantage to create the best educated, the most skilled and the most flexible workforce; and an infrastructure advantage to create modern, world-class infrastructure to ensure the seamless flow of people, goods and services.

Our ambitious Advantage Canada plan was tremendously well received from numerous organizations. The Canadian Chamber of Commerce heralded it as “a great road map, it's got all the elements of the things we need to do”. The Ontario Chamber of Commerce applauded it as a “good foundation to build on”. The Canadian Council on Learning was pleased with the “welcome and positive initiatives” included in the plan. The Canadian Federation of Independent Business cheered the plan's focus and “the key issues that our members say should be focused on”. That is just a small sampling of the reaction to Advantage Canada.

Our plan is optimistic, but realistic. It is visionary, but pragmatic and results-oriented. It is ambitious, but grounded in the realities of the world markets.

The world economy is changing. New players are emerging as major economic powers. Competition in world markets is fierce. Emerging economies, such as China, India and Brazil, with inexpensive labour, are becoming increasingly significant in the world economy. These countries have traditionally had low labour costs and their labour costs will remain lower than Canada's for the foreseeable future. This labour cost advantage is being maximized by increasingly effective trade and information and financial linkages with the global economy.

Since Advantage Canada's unveiling in 2006, we have taken significant steps in budget 2007 and in the recent fall economic update to implement its vision, including various measures helping businesses grow and compete.

Freer trade, advances in communications technology and relatively inexpensive transportation costs have helped firms to locate where they get the greatest advantage. Many labour intensive activities have moved to emerging economies, while developed countries are increasingly specialized in higher value-added activities, such as research and development, engineering and product design, that tend to be more capital and knowledge intensive. The rise of emerging economies creates both challenges and new opportunities for Canada. In the near term, emerging economies have increased the competitive pressure on low-skilled, labour intensive sectors.

In due course, the ability of developing countries to compete in higher value-added activities will also increase. Canada will need to continue to innovate and emphasize these higher value-added activities to maintain a competitive advantage and create better jobs. Yet these emerging economies bring significant opportunities for Canada and we look to capitalize and take advantage of these as our economy continues to grow and thrive.

Special Import Measures ActPrivate Members' Business

December 6th, 2007 / 6:35 p.m.

Conservative

Nina Grewal Conservative Fleetwood—Port Kells, BC

Mr. Speaker, I am pleased to rise today on behalf of the constituents of Fleetwood—Port Kells to take part in today's debate on Bill C-411. It gives me great pleasure to be responding on behalf of the Minister of International Trade and specifically to support the comments of my colleague regarding the proposed amendment to Canada's trade remedy legislation.

The bill, introduced by the hon. member for Terrebonne—Blainville, raises issues that are at the heart of any discussion of Canada's competitiveness in the ever changing global economy. The Government of Canada is well aware of the opportunities and the challenges that international development presents for Canadian trade and investment interests.

I welcome this opportunity to discuss the government's approach and plans in this regard. Let me start with a few words regarding the international framework that underpins Canada's international commercial relations in general and specifically Canada's anti-dumping regime.

The World Trade Organization provides the rules that govern trade relations among the organization's 150 members. The membership includes Canada, plus all of our most significant trading partners.

The WTO framework consists of a series of agreements that are specific to particular areas of international trade policy. The agreement pertinent to today's debate is the agreement governing anti-dumping measures. While the WTO aims at equal treatment and a smooth flow of trade among its members, it also permits certain exceptions. Anti-dumping measures are one of these exceptions.

For those who are watching this debate, dumping occurs when a company exports a product at a price that is lower than the price it normally charges in its home market. The WTO rules spell out the circumstances in which a member may take measures against dump imports from another WTO member and the procedure for applying such measures.

Canada has implemented our rights and obligations under this agreement by means of Canada's Special Import Measures Act. This act falls under the Minister of Finance and its implementation falls under the Canada Border Services Agency and the Canadian International Trade Tribunal.

I observe that Canada's anti-dumping framework involves a transparent, quasi-judicial process for the review of complaints by Canadian companies regarding dumping by foreign competitors. The process provides for a balanced and impartial review of the legitimate concerns of domestic industries in Canada and the evidence provided by foreign suppliers and their Canadian customers.

In announcing the introduction of this bill, the hon. member indicated that goods from China are a target of the proposal. Allow me to speak for a few moments about Canada's trade with China.

China is Canada's fourth largest export market and our second largest trading partner. Last year, our bilateral trade totalled over $40 billion. In Canada's case, this meant $7.7 billion in exports of goods alone. These indicators point to a strong and growing trade relationship with China, with tremendous benefits for both sides. One need only observe the accomplishments for Canadian firms in China, for example, in the engineering, financial, transportation and communication sectors, to see how strongly Canadian firms can compete in the dynamic Chinese market.

This is just part of the picture. There is another message that the statistics tell, the fact that imports from China are over four times our exports to China. Canadian consumers benefit from such imports in terms of price and choice.

We have also heard the concerns of certain Canadian producers regarding the growth in imports from China. Some of these complaints allege that these imports are being dumped in the Canadian market or that they benefit from subsidy programs in China.

Canada has 11 anti-dumping measures in place regarding imports from China. In three cases where the products were found to be subsidized, the goods are also subject to countervail measures. These actions demonstrate that Canada's trade remedy system is working.

Canadian firms have made use of the system by formally registering complaints regarding certain imports from China. Trade remedy measures have been applied to these imports where such measures were found by Canadian investigators to be warranted.

While it is useful to remind ourselves of Canada's current trade remedy actions against imports from China, the trade remedy system is not the mechanism we should be looking to in terms of addressing the broader issue of Canada's competitiveness in China and other key markets.

The government monitors our trading partners to ensure that they are living up to their WTO commitments. This includes China. In most cases China has implemented the commitments it took on when it joined the WTO in 2001.

There are exceptions however. Last year Canada filed a challenge against China at the WTO regarding China's tariff treatment of imported auto parts.

Canada has a strong interest in the auto parts sector. Last year Canadian manufacturers supplied over $370 million in auto parts to China's growing auto sector.

Furthermore, the government has recently decided to join other WTO members in formal WTO consultations with China. These are consultations that focus on China's enforcement of intellectual property rights and on certain Chinese subsidy programs.

The consultations will provide opportunities for Canada to relay the concerns of Canadian stakeholders to Chinese authorities and to assess China's latest steps in both areas to bring its regime into compliance with its WTO obligations.

Consultation are the first step in the WTO's dispute settlement mechanism. If consultations do not succeed in resolving the matter under discussion, Canada, like other WTO members, has the option of requesting a WTO panel to adjudicate the issue.

Canada's new government recognizes that many Canadian manufacturers are facing intensified competition and are adjusting to fast-changing global realities.

The government has recognized that Canada needs a more competitive business climate and is committed to government policies that encourage investment and job creation.

The Minister of Finance's economic statement last fall presented a road map of policy directions, “Advantage Canada”.

“Advantage Canada” includes a plan, the government's global commerce strategy, to more aggressively engage the world beyond our borders. For instance, the government is committed to reinvigorating our trade policy while we continue to work toward a meaningful result in the Doha round of multilateral negotiations.

We are also committed to stepping up the negotiation of bilateral trade agreements, ranging from free trade agreements to improved relations and investment accords.

In the case of China a foreign investment promotion and protection agreement is a priority. In today's global market, investment drives trade and investment is the essential catalyst for technology transfer and the development of supply chain links.

We therefore see significant benefits for Canada from an investment agreement with China. As well, our plan is about showing the world that Canada is moving up the value chain.

We are getting the message out that Canada is a leader in science and technology, and a great place to anchor North American commercial platforms, particularly where science, technology and innovation links are key. The government's strategy is also about stepping up our presence on the ground in key--

Special Import Measures ActPrivate Members' Business

December 6th, 2007 / 6:45 p.m.

The Acting Speaker Andrew Scheer

Resuming debate, the hon. member for Terrebonne—Blainville.

Special Import Measures ActPrivate Members' Business

December 6th, 2007 / 6:45 p.m.

Bloc

Diane Bourgeois Bloc Terrebonne—Blainville, QC

Mr. Speaker, before I begin, I would like to ask my colleagues to take this seriously and read the report of the Standing Committee on Industry, Science and Technology, which was released in February 2007 with the unanimous approval of all members from all political parties in this House. After reading the report, they will realize that a great many of the things said in this House tonight are simply not true. A lot of misinformation has been heard.

I listened carefully to the remarks, and I think some things require clarification. I would remind the members that dumping does exist and that under international law, dumping is illegal. Companies that engage in this unfair, illegal trade practice export products below the cost of production or for less than they would sell them on their own domestic market.

When a business uses practices of this nature, it must expect countries to impose antidumping duties in order to counter the effect of these unfair and unlawful practices. Trade legislation must really protect businesses against the unfair and unlawful competition known as dumping. It is not just the Special Import Measures Act or the Canadian International Trade Tribunal, since those two authorities are under the minister, and it is the minister who raised the question of antidumping duties.

At this time, the Conservatives have decided not to enforce the Canadian trade legislation that could temporarily protect our businesses, as well as give them time to adapt to the new context and become modernized.

We would not be the first country to bring in measures to ensure that our businesses are not forced to compete with countries or importers that use unfair and unlawful means. The United States, 25 countries in Europe and all the members of the OECD have adopted such measures, all except two countries—and guess which? Australia and Canada.

The countries that have antidumping measures have issued a series of criteria to assess whether the practices of the Chinese government, in particular, distort the costs and prices. For example, they look at the value of the currency. The regulations, especially in China, are also considered. However, these countries know full well that theirs are not always on a par with the universally recognized regulations, and feel free to hide data.

The EU and the U.S. also evaluate the suppliers. Once again, Canada is showing a complete lack of leadership. I am convinced that this government, which wants law and order, cannot allow something unlawful to take place. It must automatically support my bill. I understand that the Conservative ideology is focused on the open market. However, the open market does not mean illegality. Allowing this to continue now means allowing illegality.

I believe that members who vote against my bill will be demonstrating that they are in favour of an illegal practice that harms Canadian and Quebec businesses. Next Wednesday we shall see who supports our businesses.

The government boasts that it has reduced taxes and passed measures to help the manufacturing, forestry and agriculture sectors. The reality is that they are enabling those turning a profit to add to their coffers. It has not brought forward any measures to help companies existing on credit to deal with the devastating effects of the high dollar. It is now preparing to allow foreign companies to use illegal and unethical practices.

The Bloc Québécois believes that globalization can benefit taxpayers. It provides the opportunity to have more variety in the choice of products. However, we must not allow globalization to harm the efforts of our companies who do not have sufficient means to help them exercise their rights.

Therefore, I repeat, dumping, members of the House, my colleagues—

Special Import Measures ActPrivate Members' Business

December 6th, 2007 / 6:50 p.m.

The Acting Speaker Royal Galipeau

Unfortunately, I must interrupt the hon. member.

The question is on the motion. Is it the pleasure of the House to adopt the motion?

Special Import Measures ActPrivate Members' Business

December 6th, 2007 / 6:50 p.m.

Some hon. members

Agreed.

No.

Special Import Measures ActPrivate Members' Business

December 6th, 2007 / 6:50 p.m.

The Acting Speaker Royal Galipeau

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

Special Import Measures ActPrivate Members' Business

December 6th, 2007 / 6:50 p.m.

Some hon. members

Yea.

Special Import Measures ActPrivate Members' Business

December 6th, 2007 / 6:50 p.m.

The Acting Speaker Royal Galipeau

All those opposed will please say nay.

Special Import Measures ActPrivate Members' Business

December 6th, 2007 / 6:50 p.m.

Some hon. members

Nay.