Canada-Peru Free Trade Agreement Implementation Act

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

This bill is from the 40th Parliament, 2nd session, which ended in December 2009.

Sponsor

Stockwell Day  Conservative

Status

This bill has received Royal Assent and is now law.

Summary

This is from the published bill.

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 Peru and signed at Lima on May 29, 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.

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

June 3, 2009 Passed That the Bill be now read a third time and do pass.
June 3, 2009 Passed That this question be now put.
April 23, 2009 Passed That the Bill be now read a second time and referred to the Standing Committee on International Trade.

Canada-Peru Free Trade Agreement Implementation ActGovernment Orders

June 2nd, 2009 / 11:55 a.m.

NDP

Carol Hughes NDP Algoma—Manitoulin—Kapuskasing, ON

Madam Speaker, my colleague is absolutely right. We should not be turning a blind eye with regard to the environment and human rights.

The U.S. had over two years with respect to its agreement with Peru and it obviously has a lot of flaws. The president of Peru, Alan Garcia Perez, actually did 102 legislative decrees on the agreement. The concerns are, based on these decrees, that they are actually unconstitutional. The activists have basically indicated that the agreement is detrimental to labour, the environment, the agriculture industry, and indigenous rights.

Perhaps my colleague could explain a bit more about why it is important that we make sure that we get it right.

Canada-Peru Free Trade Agreement Implementation ActGovernment Orders

June 2nd, 2009 / noon

NDP

Paul Dewar NDP Ottawa Centre, ON

Madam Speaker, I am going to reference yet again not my point of view or my party's point of view, but the point of view of Canadians. I want to reference a comprehensive study that was recently done on the point of view of Canadians. That is important data for all of us. This review was done by Canada's World, which is a centre for dialogue in British Columbia.

Canadians want the federal government to make Canadian companies responsible for environmental damage when carrying out overseas operations. They want the federal government to pass mandatory, not voluntary, regulations for Canadian corporations overseas on human rights and environmental standards. That is what Canadians think.

I am asking the government to please listen to Canadians as well as members in this place and put this agreement aside because it is not right. Canadian values are not in this agreement.

Canada-Peru Free Trade Agreement Implementation ActGovernment Orders

June 2nd, 2009 / noon

NDP

Peter Julian NDP Burnaby—New Westminster, BC

Mr. Speaker, I am pleased to follow my learned colleague from Ottawa Centre in this debate.

Quite frankly, this is the kind of debate we need to have in the House about the government's trade agenda, which is simply a carbon copy of the Liberals' trade agenda. On its trade agenda, the government essentially has shown that it is appallingly weak in negotiating and has shown an inability to set any objectives in line with what Canadians strongly believe they need to see in trade policy. The vast majority of Canadians are fair traders. They want to see a balanced approach on trade that actually provides for improvement in environmental standards, human rights and labour rights. They also want to see a trade strategy that allows for domestic growth and jobs here at home. They get neither with this bill, tragically.

Most Canadian families earn less now than they did when the Canada-U.S. free trade agreement was implemented back in 1989. We have seen an erosion for the vast majority of Canadian families. They are earning less. The ones who have profited are chief executives and corporate lawyers. They have seen their family income increase dramatically. The wealthiest Canadians now take more than half of all income in Canada, but for most Canadians in the middle class, Canadians in the lower middle class and the poorest Canadians, they have seen a substantial erosion in their income.

We are also facing a record trade deficit. Essentially we export raw materials to create jobs in other countries and we import increasingly the manufactured products that used to be manufactured here in Canada. How does the Canada-Peru free trade agreement change this? It does not change it at all. Fundamentally, even under the former Liberal government, most of the bilateral agreements that we have signed have led to a fall in exports. We simply import more from the country of origin, often with no standards applied, no labour standards, no minimum wage standards, but our exports actually fall.

To pretend that this bill is in any way part of any sort of comprehensive economic strategy is simply false. It is not the objective of the government. The objective of the government appears to be, more than anything else, just fancy ribbon cutting. Signing a trade deal has a lot of pomp and circumstance. People put their signatures on a piece of paper. They get to come to the House to say that they are doing something, but when most bilaterals have led to a fall in exports, when most Canadian families are earning less, we have to wonder. We have to think that somebody in the Conservative government would actually look at the results, would actually monitor what is going on and take measures to put in place a more comprehensive export strategy. That has not been done.

As we have cited in the House before, the Conservative government is just as bad as the former Liberal government. It is the same old, same old. One does not change the other's strategy. We are just as bad under the Conservatives as we were under the Liberals for actually providing any sort of product promotion support outside of Canada.

For the entire United States market, where 85% of our exports go right now, the Canadian federal government has a combined product promotion budget of $3.4 million for this massive United States of America market of 300 million citizens. I will repeat that figure, because it is stunning in its cheapness, that $3.4 million is the entire federal government product promotion support budget for the entire United States of America market. Is that unbelievable? Yes it is, but it is unfortunately true.

The government has no trade strategy. It provides no product promotion support. It seems incapable of understanding even the rudimentary elements of what a fair trade strategy would be.

In the OECD countries, in the United States, the debate is increasingly on fair trade as opposed to George Bush style unregulated free trade. In election after election, fair trade is winning out. People around the world want a balanced fair trade approach and not this radical, extremist, George Bush style, unregulated free trade approach. As a result of that, we are seeing elections such as the recent one in the United States where governments are changed and that agenda is stopped.

That is the approach the government has taken until now. Let us look at the specifics of Bill C-24.

The NDP voted against the softwood sellout that killed tens of thousands of jobs in Canada. We voted against the shipbuilding sellout that every single worker, manager and owner within the shipbuilding industry implored Parliament not to pass without a carve-out. The NDP proposed the carve-out and the Liberals and the Conservatives banded together. The Liberals drove the getaway car for the Conservatives and essentially adopted a bill they knew would kill the shipbuilding industry in Canada. It is a shame. We have the longest coastline in the world and we just voted a few months ago to kill progressively our shipbuilding industry.

The NDP voted against the Canada-Colombia trade deal, an egregiously bad deal. One cannot imagine how it was conceived. That regime is connected to murderous paramilitary thugs and drug lords and the government wants to give it preferential trade access to Canada. That is absolutely absurd. We will debate that if the government ever brings it back before the House.

I think the government was as embarrassed as we in the NDP were that it even proposed such an appalling concept as rewarding a regime with massive human rights violations and connections to murderous paramilitary thugs and drug lords who killed hundreds of people last year. The president has had connections with them since his initial days as the mayor of Medellin, Colombia when the Medellin cartel ran the place. In any event, we will debate the Colombia trade deal when it comes forward.

The Peru trade deal provides no protection for the environment and no protection on labour rights. The Peruvian government has essentially refused to put its signature on International Labour Organization agreements and the government does nothing with regard to the superficial, symbolic labour side deal to address that issue.

Now we find within the Peru agreement the same chapter 11 provisions that have been rejected by every other country on earth since NAFTA was implemented. The United States moved away from it. Every other country has moved away from it.

The investor state provisions allow corporate CEOs to override democratic decision making, whether it is on the labour code or environmental standards. Corporate CEOs can actually get compensation for any public measure that is taken in the public interest. It is a cash cow. They can go to governments and get millions of dollars for nothing, simply because the government has made a decision that is in the best interests of its citizens.

In Bill C-24 there are enhanced investor state provisions that allow corporate CEOs to milk the government in Peru. We learned just last week that there was a nationwide strike among Peruvian workers because in the northeastern Amazon region of Peru, a package of laws has been passed that will open up the lands of that region to mining and drilling without consultation with local communities.

There is a chapter 11 on steroids in Bill C-24. There is no protection for environmental standards or labour standards, and now there is legislation by the Peruvian government that allows mining CEOs to override local democratic decision making. Regardless of what anyone's political stripe is, one would think that every member of the House would understand that democratic decision making is the very essence of democracy. Once we give extraordinary rights to corporate CEOs to override that and get millions of dollars in compensation for nothing, we are doing something that is profoundly unfair to the people of Peru.

For all of those reasons, the NDP is speaking out against this agreement, but we continue to press the government to actually negotiate fair trade agreements. It is not a complicated concept. It means actually raising living standards in Canada and abroad. That is done by establishing tough environmental standards, tough labour standards and human rights. The NDP will be voting no on this bill.

Canada-Peru Free Trade Agreement Implementation ActGovernment Orders

June 2nd, 2009 / 12:10 p.m.

Jonquière—Alma Québec

Conservative

Jean-Pierre Blackburn ConservativeMinister of National Revenue and Minister of State (Agriculture)

Mr. Speaker, I have listened to the hon. member's speech, as well as those from several representatives of the Bloc Québécois.

The hon. member said that it was not good for the Canadian economy to have a free trade agreement with Peru and other countries. If our country produced goods just to meet the needs of Canadians, does he think that he and I and those watching us would have a more prosperous life? The answer is no.

Canada's strength is that we are very productive and in a position to export our products throughout the world, which gives us an economy that is far stronger than that of other countries.

That said, I travelled to Peru when I was Minister of Labour to discuss, among other things, the side agreement on labour rights. From my discussions with my Peruvian counterpart, the labour minister of the day, as well as other representatives of that country, I understood how well Canada was perceived internationally as far as workers' rights are concerned. I also understood the leadership role Canada could play in these countries.

The hon. member is likely not aware that between 50% and 60% of companies in Peru are currently not registered with the state, which means that the state does not collect any kind of taxes and is unaware of working conditions. With this agreement, businesses will now have to be registered and this will be to the advantage of the people of Peru and the workers. What is more, the agreement respects—

Canada-Peru Free Trade Agreement Implementation ActGovernment Orders

June 2nd, 2009 / 12:10 p.m.

The Deputy Speaker Andrew Scheer

The hon. member for Burnaby—New Westminster.

Canada-Peru Free Trade Agreement Implementation ActGovernment Orders

June 2nd, 2009 / 12:10 p.m.

NDP

Peter Julian NDP Burnaby—New Westminster, BC

Mr. Speaker, I really liked the minister's question. I also like his region, Saguenay—Lac-St-Jean, where I lived for several years.

The people of that region understand that it does not come down to a choice between no trade at all and the bad trade agreements negotiated by this government. They understand that our borders will not close if we do not sign these agreements. My argument, as I said before, is that most of the time, bilateral agreements actually reduce exports. There is an ethical issue in this, and a lack of strategy.

Signing this agreement will not create prosperity here in Canada, that is for sure. The fact that the government is signing an agreement with the Government of Colombia, a country where union members are killed on an almost-weekly basis, where people disappear every day and where the regime is linked to paramilitary organizations and drug dealers, shows just how sincere—

Canada-Peru Free Trade Agreement Implementation ActGovernment Orders

June 2nd, 2009 / 12:10 p.m.

The Deputy Speaker Andrew Scheer

Questions and comments.

The hon. member for Berthier—Maskinongé.

Canada-Peru Free Trade Agreement Implementation ActGovernment Orders

June 2nd, 2009 / 12:10 p.m.

Bloc

Guy André Bloc Berthier—Maskinongé, QC

Mr. Speaker, I would like to congratulate my colleague on his excellent speech. I am not surprised that the Conservatives plan to vote in favour of the agreement. After all, they have already signed it. It is in line with their right-wing ideology, as we have seen in other trade agreements.

However, I am surprised that the Liberals will be voting for the agreement. They tabled Bill C-300 in the House, a bill to ensure that Canadian mining companies behave responsibly in terms of workers' rights and the environment. They also moved Motion M-283, with which I am sure my colleague is familiar, to implement the recommendations of the National Roundtables on Corporate Social Responsibility and the Canadian Extractive Industry in Developing Countries advisory group.

I would like my colleague to comment on that. In his opinion, why did the Liberals vote in favour of those two measures if they are voting against—

Canada-Peru Free Trade Agreement Implementation ActGovernment Orders

June 2nd, 2009 / 12:15 p.m.

The Deputy Speaker Andrew Scheer

The hon. member for Burnaby—New Westminster.

Canada-Peru Free Trade Agreement Implementation ActGovernment Orders

June 2nd, 2009 / 12:15 p.m.

NDP

Peter Julian NDP Burnaby—New Westminster, BC

Mr. Speaker, that is actually a very good question.

In this House, over the past three years, the Liberals have supported the Conservatives 72 consecutive times. The Conservatives have been kept in power by the Liberals. There is no difference: the Liberals and the Conservatives have the same beliefs.

However, from time to time and in a superficial manner, the Liberals present bills to prove that they disagree.

They voted for the softwood lumber agreement, which resulted in the loss of thousands of jobs. They also voted for the agreement that sold out the shipbuilding industry. The Liberals say they will vote in favour of the agreement with Colombia—

Canada-Peru Free Trade Agreement Implementation ActGovernment Orders

June 2nd, 2009 / 12:15 p.m.

The Deputy Speaker Andrew Scheer

Order. Is the House ready for the question?

Canada-Peru Free Trade Agreement Implementation ActGovernment Orders

June 2nd, 2009 / 12:15 p.m.

Some hon. members

Question.

Canada-Peru Free Trade Agreement Implementation ActGovernment Orders

June 2nd, 2009 / 12:15 p.m.

The Deputy Speaker Andrew Scheer

The question is on the motion that this question be now put. Is it the pleasure of the House to adopt the motion?

Canada-Peru Free Trade Agreement Implementation ActGovernment Orders

June 2nd, 2009 / 12:15 p.m.

Some hon. members

Agreed.

No.

Canada-Peru Free Trade Agreement Implementation ActGovernment Orders

June 2nd, 2009 / 12:15 p.m.

The Deputy Speaker Andrew Scheer

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