Canada-Colombia Free Trade Agreement Implementation Act

An Act to implement the Free Trade Agreement between Canada and the Republic of Colombia, the Agreement on the Environment between Canada and the Republic of Colombia and the Agreement on Labour Cooperation between Canada and the Republic of Colombia

This bill was last introduced in the 40th Parliament, 2nd Session, which ended in December 2009.

Sponsor

Stockwell Day  Conservative

Status

Second reading (House), as of Nov. 17, 2009
(This bill did not become law.)

Summary

This is from the published bill. The Library of Parliament often publishes better independent summaries.

This enactment implements the Free Trade Agreement and the related agreements on the environment and labour cooperation entered into between Canada and the Republic of Colombia and signed at Lima, Peru on November 21, 2008.
The general provisions of the enactment specify that no recourse may be taken on the basis of the provisions of Part 1 of the enactment or any order made under that Part, or the provisions of the Free Trade Agreement or the related agreements themselves, without the consent of the Attorney General of Canada.
Part 1 of the enactment approves the Free Trade Agreement and the related agreements and provides for the payment by Canada of its share of the expenditures associated with the operation of the institutional aspects of the Free Trade Agreement and the power of the Governor in Council to make orders for carrying out the provisions of the enactment.
Part 2 of the enactment amends existing laws in order to bring them into conformity with Canada’s obligations under the Free Trade Agreement and the related agreement on labour cooperation.

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.

Votes

Oct. 7, 2009 Failed That the amendment be amended by adding after the word “matter” the following: “, including having heard vocal opposition to the accord from human rights organizations”.

Canada-Colombia Free Trade Agreement Implementation ActGovernment Orders

September 14th, 2009 / 4:30 p.m.
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NDP

Peter Julian NDP Burnaby—New Westminster, BC

Madam Speaker, the public who are watching this debate today, particularly the thousands of Canadians who have written to Conservatives and Liberals asking them not to do this appalling bad deal and try to force it through the House, can see a real shift in the Conservative approach. The Conservatives are now not talking about the trade deal, and of course, they cannot because the trade deal is so egregiously bad, but they are talking about the Canadian International Development Agency.

The NDP is on record as saying we need to increase funding to CIDA, because a lot of the programs it runs, including those in Colombia, help to benefit the Colombian population. It gets around what is an appalling corrupt and murderous regime.

The problem is the regime itself. The regime is not subject to rules. The regime has paramilitary ties. As the BBC recently exposed, and as Diego Murillo, the successor to Pablo Escobar in the Medellin cartel, stated quite recently, President Uribe's successful election campaign was funded with drug lord money. Uribe has very clear ties to murderous paramilitary thugs, including the AUC, which was born in his province, flourished and spread under his governorship, and led to the deaths of more than 100,000 Colombians.

How can that member stand in the House and defend the indefensible, a regime that has committed human rights violations and is tied to drug lords and murderous paramilitary thugs?

Canada-Colombia Free Trade Agreement Implementation ActGovernment Orders

September 14th, 2009 / 4:30 p.m.
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Conservative

Peter Kent Conservative Thornhill, ON

Madam Speaker, I do not where to start given the confection of anachronistic stereotypes, disinformation and gross inaccuracies. I will work backward from the accusations, which we heard earlier today, regarding the legitimacy and the courage of President Uribe whose government has been commended for significant progress over the past six years, both in terms of disbanding the paramilitaries and working toward reconciliation, despite the unhelpful performance of two neighbouring countries that provide sanctuary for terrorist groups and continue to displace innocent civilians and indigenous peoples.

I would suggest that the hon. member go to Colombia himself and acquaint himself --

Canada-Colombia Free Trade Agreement Implementation ActGovernment Orders

September 14th, 2009 / 4:35 p.m.
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NDP

Peter Julian NDP Burnaby—New Westminster, BC

I've been. I've been.

Canada-Colombia Free Trade Agreement Implementation ActGovernment Orders

September 14th, 2009 / 4:35 p.m.
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Conservative

Peter Kent Conservative Thornhill, ON

Then the member was there with his eyes closed.

The member raised the matter of whether Canada was alone in this matter. I would ask the hon. member to ask why the European Free Trade Association, Norway, Iceland, Switzerland and Liechtenstein have conducted free trade negotiations with Colombia, as have the United States and the European Union. All of these countries are as sensitive as Canada is to issues of human rights and ethics in government.

I must say that the NDP is dealing with, as I said, stereotypes from the eighties.

I would also disagree with the point made by the member about thousands of letters protesting this agreement. In fact, when I was there, as were two other members, the member for Kings—Hants and the member Toronto Centre, we were impressed by the fact that the private sector unions welcomed this free trade agreement as a way of improving conditions for their workers, for the growth of their individual companies and for new opportunities.

I would also suggest, and I hesitate to do it while the member is not in the House, that a member of his own party, the member for Thunder Bay—Rainy River, travelled with me and I can tell the member that he was impressed from our meetings with civil society, with trade unions, with the church, with victims--

Canada-Colombia Free Trade Agreement Implementation ActGovernment Orders

September 14th, 2009 / 4:35 p.m.
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NDP

Peter Julian NDP Burnaby—New Westminster, BC

He's going again.

Canada-Colombia Free Trade Agreement Implementation ActGovernment Orders

September 14th, 2009 / 4:35 p.m.
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Conservative

Peter Kent Conservative Thornhill, ON

Whether or not he--

Canada-Colombia Free Trade Agreement Implementation ActGovernment Orders

September 14th, 2009 / 4:35 p.m.
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NDP

The Acting Speaker NDP Denise Savoie

Order, please. I would ask members not to engage in debate directly. I will move to another quick question.

The hon. member for York South—Weston.

Canada-Colombia Free Trade Agreement Implementation ActGovernment Orders

September 14th, 2009 / 4:35 p.m.
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Liberal

Alan Tonks Liberal York South—Weston, ON

Madam Speaker, the member did not address it but I wonder if he would like to.

The concept of a rules-based trade agreement also has regional implications with respect to what is happening in Venezuela. I think that international peace is also a corollary to developing these kinds of rules-based trade agreements.

Is there hope that that kind of road would also follow a regional path that would be in the interest of international peace?

Canada-Colombia Free Trade Agreement Implementation ActGovernment Orders

September 14th, 2009 / 4:35 p.m.
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NDP

The Acting Speaker NDP Denise Savoie

The minister for a very brief response.

Canada-Colombia Free Trade Agreement Implementation ActGovernment Orders

September 14th, 2009 / 4:35 p.m.
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Conservative

Peter Kent Conservative Thornhill, ON

Madam Speaker, I regret that I cannot give my hon. colleague the answer that his worthy question deserves. However, I can assure him that Canada is open to free trade discussions for foreign investment protection agreements with countries throughout our hemisphere. We do believe that by engaging we do have the ability to leverage--

Canada-Colombia Free Trade Agreement Implementation ActGovernment Orders

September 14th, 2009 / 4:35 p.m.
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NDP

The Acting Speaker NDP Denise Savoie

It is my duty pursuant to Standing Order 38 to inform the House that the questions to be raised tonight at the time of adjournment are as follows: the hon. member for Winnipeg North, Aboriginal Affairs; the hon. member for Malpeque, Health.

Resuming debate. The hon. member for Terrebonne—Blainville.

Canada-Colombia Free Trade Agreement Implementation ActGovernment Orders

September 14th, 2009 / 4:35 p.m.
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Bloc

Diane Bourgeois Bloc Terrebonne—Blainville, QC

Madam Speaker, before I begin, I would like to say hello to the people I represent in Terrebonne—Blainville and Ste-Anne-des-Plaines as Parliament resumes.

We are here today to discuss Bill C-23 at second reading. This bill concerns the implementation of the Canada-Colombia Free Trade Agreement.

I would like to start by saying that the Bloc Québécois is opposed to this bill for various extremely important reasons.

When two countries sign a free trade agreement, it is because they are preferred trading partners and the volume of trade makes it worthwhile to reduce trade barriers. But the Colombian market is a small and not particularly lucrative market for Canada. Canada has limited trade with Colombia. Of course, we export western grain there, but when the whole world needs grain, we are not going to export the most grain to Colombia.

Colombian investment in Canada amounts to $1 million, while Canadian investment in Colombia totals roughly $1.058 billion, which can essentially be attributed to the extractive industry.

The Colombian subsoil is extremely rich. Ore and energy resources such as coal account for 31% of Canadian imports. Colombia is therefore extremely attractive to Canadian extractive companies. It is also rich in natural resources.

In concluding this free trade agreement, the government is motivated not by trade, but by investments and the mining sector. This agreement will make it easier to protect Canadian investments in Colombia.

The Bloc Québécois is not against protecting Canadian investments in another country, but we want the agreements protecting those investments to be fair and equitable and take into account the common good. This is not true of this Canada-Colombia agreement.

The current agreement contains many clauses based on chapter 11 of NAFTA. This chapter had favourable results at least a decade ago, but for some time now, it has been misused, because it allows foreign investors to turn to international courts when a country wants to amend and improve its laws.

It is also possible under chapter 11 to use the threat of court action to prevent a government from improving people's living conditions. Lawsuits can be for an unlimited amount.

First, Colombia is not on an equal footing with Canada in terms of living conditions. Second, the proposed agreement uses chapter 11 of NAFTA, a chapter that has been roundly criticized everywhere and poses problems everywhere.

As I was saying earlier, free trade agreements are generally signed by states with similar economies. The economies of Canada and Colombia are completely different. Colombia is an extremely poor country. It is estimated that 47% of the population was living below the poverty line in 2006.

According to the United Nations High Commissioner for Human Rights, poverty is most prevalent in rural areas and affects 68% of the population. In addition, the current unemployment rate is one of the highest in Latin America. In view of this fact, what is the value of a free trade agreement that benefits mining companies and that will not necessarily improve the standard of living for the country's population given that they must work for the mining companies? We know what these companies do. I will come back to that later on.

Colombia has one of the worst human rights records in Latin America. In June 2009, witnesses appeared before the Standing Committee on International Trade and told us that the worst humanitarian crisis was unfolding in Colombia.

The impunity prevailing in Colombia has led human rights groups to believe that there is collusion between the Colombian political class and paramilitary groups.

Colombia is one of the worst places in the world when it comes to workers' rights. We know that union activists are assassinated and that thousands of people have disappeared. People are displaced because small farmers and miners sometimes own land that is coveted by big mining companies. In most cases, these people receive no compensation.

There is a great deal of opposition to this free trade agreement. Canadian civil society is opposed to this agreement, Colombian civil society is opposed to this agreement and many organizations in Quebec are also opposed to this agreement. A committee called the National Roundtables on Corporate Social Responsibility and the Canadian Extractive industry in Developing Countries was created in 2007. This committee made recommendations to the government. What did the government do? It rejected them outright. It did nothing and did not implement any of the roundtables' recommendations.

Recently, members of this House who sit on the Standing Committee on International Trade also wrote a report based on their deliberations, their trip to Colombia and their meetings with witnesses. This report reproduced some of the conclusions of the famous round tables.

What did the government do? It rejected the report out of hand and gave us a slap in the face, saying that it had signed this agreement and asked only that we vote for it. That is irresponsible, and it shows disrespect for the members who sit in this House and the companies that sounded the alarm and warned the government that the situation in Colombia was not exactly what the government thought.

But we know that this government protects major investors, and this agreement protects Canadian investors abroad who will not be punished for the crimes they commit against the Colombian people and Colombian companies.

For all these reasons, the Bloc Québécois will vote against this agreement and speak out publicly against it.

Canada-Colombia Free Trade Agreement Implementation ActGovernment Orders

September 14th, 2009 / 4:45 p.m.
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Bloc

Serge Cardin Bloc Sherbrooke, QC

Madam Speaker, I want to congratulate my colleague on her speech. She cares deeply about human rights, and when it comes to foreign affairs, she puts a lot of emphasis on international development assistance.

Earlier, in my speech, I spoke about a Conservative member who mentioned that in Colombia, international assistance was very important, and was improving the situation in the country, and that this free trade agreement would make things even better.

Even when it comes to international assistance, Canada acts with its own interests in mind. Since there are not many investments or investors in Africa, Canada has taken this money and sent it to South American countries so that South American countries, Colombia in this case, will be tempted to sign such agreements, since the government is providing international assistance as well as protection for investors in Colombia.

I would like to know whether this is how my colleague sees this.

Canada-Colombia Free Trade Agreement Implementation ActGovernment Orders

September 14th, 2009 / 4:50 p.m.
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Bloc

Diane Bourgeois Bloc Terrebonne—Blainville, QC

Madam Speaker, I think that the government-supported relationship between international development and corporations is a bad one. Allow me to explain: twice during the time I was a member of the Subcommittee on Human Rights and International Development, Canadian companies received funding through CIDA. They used money distributed through CIDA to get paramilitary staff on the company payroll. They gave CIDA money to military employees. That money was used to pay hired guns, not to help the people. I sure hope that CIDA has solved that problem, particularly with regard to TVI and TVI Pacific Inc.

According to the documents, there can be no doubt: at one point, CIDA disbursed $14,000. That is not a lot of money here, but in Colombia, it might be worth $100,000. TVI used that $14,000 to pay professional soldiers to protect company assets and prevent people from using the only remaining source of drinking water because it had contaminated every other source around the site. That was an abominable practice that I hope is no longer happening.

Perhaps my colleague, who is a member of the Standing Committee on International Trade, who travelled to Colombia, and who hosted Colombian envoys, can tell us whether this is still going on or whether the government has put a stop to it.

Canada-Colombia Free Trade Agreement Implementation ActGovernment Orders

September 14th, 2009 / 4:50 p.m.
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Edmonton Centre Alberta

Conservative

Laurie Hawn ConservativeParliamentary Secretary to the Minister of National Defence

Madam Speaker, contrary to what the last questioner said, we have actually doubled our aid to Africa. We have not withdrawn money from Africa at all.

If Canadian civil society is arguing against the FTA, I am not hearing it, and the people in Edmonton Centre are certainly part of civil society.

My colleagues seem to suggest we should just do free trade agreements with comparable economies, but I would suggest there would not be that many free trade agreements we could pursue because most economies are not comparable to Canada.

Does my hon. colleague not think that trade and free trade agreements are a good opportunity to increase employment? She talked about concerns regarding employment and prosperity for the people of Colombia. Is giving them opportunities not a good way to increase employment and increase their prosperity?