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 ActGovernment Orders

June 1st, 2009 / 4:40 p.m.

NDP

Jim Maloway NDP Elmwood—Transcona, MB

Mr. Speaker, we know the legislation will probably pass the House with the support of the Liberals and the government, with the Bloc and NDP voting against it. Does the member think there are any amendments that possibly could be introduced to make the legislation more palatable? We would like to adopt a different approach.

I am sure the Bloc and NDP would have a totally different approach to a free trade agreement, but on this specific legislation, are there any amendments that she thinks could be made to make this more palatable?

Canada-Peru Free Trade Agreement ActGovernment Orders

June 1st, 2009 / 4:40 p.m.

Bloc

Christiane Gagnon Bloc Québec, QC

Mr. Speaker, first of all, measures are needed to ensure sustainable development and the development of local populations. They have to abolish the clause to protect investments that would allow Canadian businesses to sue the Peruvian government if they believe their rights have been violated. What is needed is a policy to hold mining companies accountable, since that is the main canadian business activity in Peru. The entire bill is problematic.

This government favours concluding bilateral agreements that do not take into account certain protective measures that are included in multilateral treaties. Everything involved in concluding multilateral treaties must be taken into account. A great deal of effort will be needed to change the attitude of the Liberals and the Conservatives, who can be lumped together in the same category, and want to protect companies working abroad. However, we must have a social conscience, first and foremost.

Canada-Peru Free Trade Agreement ActGovernment Orders

June 1st, 2009 / 4:40 p.m.

Bloc

Serge Cardin Bloc Sherbrooke, QC

Mr. Speaker, I thank my hon. colleague from Québec for her speech.

I listened to her very carefully and she talked about the mining industry. As we know, two Liberal members have presented two measures, namely, motion M-293 from the hon. member for Pierrefonds—Dollard, and Bill C-300 from the hon. member for Scarborough—Guildwood. Both measures relate to corporate responsibility in the mining sector.

The Liberals are getting ready to vote for the free trade agreement between Canada and Peru, even though they know very well that the investment agreement based on chapter 11 allows mining companies to sue the state if it improves its legislation concerning the environment, workers' rights and occupational health and safety. They want to liberalize trade, but with such liberalism comes responsibility. How can the Liberals bring forward motions and bills to improve corporate responsibility among mining companies on the one hand, and on the other hand, accept and support such a free trade agreement, when the government should be sent back to the drawing board and forced to take a new approach to free trade agreements?

Canada-Peru Free Trade Agreement ActGovernment Orders

June 1st, 2009 / 4:40 p.m.

Bloc

Christiane Gagnon Bloc Québec, QC

Mr. Speaker, my colleague is quite right. This is not the first time we have seen this sort of contradiction or paradox here in the House. We are standing behind companies that violate environmental or human rights laws. We are giving them the right to go to those countries and we are giving them all the tools they may need to hamstring a government that may wish, for example, to stop the use of hazardous waste sites.

My colleague is quite right. The Liberals should go back to the drawing board and have a hard look at their actions, specifically in this matter. We often tend to believe that the Liberals are strong social democrats. However, their attitude is often similar to that of the Conservatives.

Canada-Peru Free Trade Agreement ActGovernment Orders

June 1st, 2009 / 4:45 p.m.

Liberal

Marc Garneau Liberal Westmount—Ville-Marie, QC

Mr. Speaker, I listened to my colleague and I would like to ask her a question. What contradiction or paradox does she see in an approach that favours free trade with another country and, at the same time, acceptance by Canadian mines of their social responsibilities?

Canada-Peru Free Trade Agreement ActGovernment Orders

June 1st, 2009 / 4:45 p.m.

Bloc

Christiane Gagnon Bloc Québec, QC

Mr. Speaker, I am tempted to say to my Liberal colleague that it is the Liberals who are not accepting their responsibilities. We are not opposed to corporations being developed abroad. What we want is for the government to establish a framework that would impose certain rules on corporations. We defend rights in this country and they are the same rights that should exist elsewhere.

If the rules were established from the outset, corporations might find it less lucrative to go elsewhere and take advantage of the fact that workers and the environment are not protected. When corporations work abroad, they should fulfill certain obligations.

Canada-Peru Free Trade Agreement ActGovernment Orders

June 1st, 2009 / 4:45 p.m.

NDP

Linda Duncan NDP Edmonton Strathcona, AB

Mr. Speaker, does the hon. member have any experiences that she can share from observing our experience under NAFTA and the side agreement on environmental protection? Do we appear to have learned anything in the crafting of later agreements, including this one?

Canada-Peru Free Trade Agreement ActGovernment Orders

June 1st, 2009 / 4:45 p.m.

Bloc

Christiane Gagnon Bloc Québec, QC

Mr. Speaker, chapter 11 of NAFTA was critical in giving companies full discretion to sue governments. Many court actions come to mind. For example, Ethyl Corporation, an American company, sued the Canadian government for banning the use of a fuel additive. The $250 million lawsuit lasted two or three years. Even if a settlement was eventually reached, $13 million still had to be paid out.

There have been many other cases like that. In the Metalclad Corporation case, legal action was instigated after access to a toxic waste disposal site was denied. Again, this was a $16.7 million U.S. action for damages. British Columbia was the one involved in that case. Many examples could be given of the discretion that chapter 11 of NAFTA affords companies to sue governments.

However, setting limits would be desirable, for instance by prohibiting the export of a fuel additive for environmental reasons.

Members of the Liberal Party profess to support the environment. It would come as no surprise from the Conservative Party, but it is rather troubling to see the Liberal Party pursuing today the same objective as the Conservatives. Yes, we must ensure that our companies have some discretion in order to be able to grow, but not at any price, especially nowadays. More and more citizens are increasingly aware of various issues like the environment. There is also the economic crisis, which disrupts things and causes people's attitudes to change. Change will come when proactive political parties which are not afraid to tell it like it is are in power.

Canada-Peru Free Trade Agreement ActGovernment Orders

June 1st, 2009 / 4:45 p.m.

NDP

Linda Duncan NDP Edmonton Strathcona, AB

Mr. Speaker, I am rising in the House today to express my profound opposition to this bill. My opposition is 100% premised on the failure to yet again address environmental issues in trade agreements.

Twenty years after signing NAFTA and the North American Agreement on Environmental Cooperation, we appear to have failed to learn any lessons. That is despite review after review of the failure to take the approach of making environment and labour issues simply a sidebar, non-binding part of these agreements. We have seen trade agreement after trade agreement come before Parliament, repeating the same mistakes and refusing to listen to the input provided by Canadian experts over the last 20 years on the failings of the NAFTA agreement.

Instead of strengthening the environmental provisions of our trade agreements, we are moving to water them down further. Despite the weaknesses of the North American Agreement on Environmental Cooperation, NAAEC, recommendation after recommendation to strengthen that agreement went in the opposite direction. The government has chosen to further downgrade any responsibilities for environmental protection either on this country or on the countries with which it signs trade agreements.

In place of non-binding side agreements, why did the government not take the environmental provisions and incorporate them into the text of the trade agreement? That is precisely what President Obama raised during the last election. His issue with the NAFTA agreement was this very issue. It was the fact that environmental and labour issues had been sidebarred. We should revisit these agreements, not to open up and provide for even freer trade without any limitations, but to reconsider them and make these environmental conditions binding.

The government seems to have an inability to understand that it is not economy versus environment. I had the privilege of attending meetings of world and industry leaders in several countries in Europe with the Minister of the Environment. We heard from world leaders and CEOs of major industries, including the major coal-fired power companies. They said that we must incorporate environmental considerations into our economic development. They said that we must shift to incorporating environmental considerations in any economic or trade policy.

The government has turned a blind eye. It has blinders on to what is happening in the rest of the world. We seem to have blinders on in our attitude toward negotiating trade agreements. We need to enter this century. We are mired in old concepts. It is incumbent upon the government to take this bill back, reconsider it, rewrite it and negotiate it with the Canadian public and the public of Peru.

The rest of the world agrees. We need to step up to the plate. We need to shift our economy into the new green economy. We need to make those kinds of negotiations open and transparent and include the very people who are impacted: our Canadian industry and our Canadian public.

Let me talk about some of the provisions of this sidebar agreement on environment to the Canada-Peru trade agreement proposed under the bill. That is what it is: a sidebar, non-binding document.

This agreement, as with similar agreements and the North American Agreement on Environmental Cooperation, does not demand or compel Canada or Peru to protect the environment. It merely encourages the parties to not weaken or derogate from their environmental or health laws or measures to attract or encourage investment or trade.

First, we are simply saying that it might not be a bad idea, as a sidebar, to give a thought from time to time to not downgrading our environmental and health standards to get a trade or investment advantage. That is absolutely reprehensible. This is the kind of measure that should be at the heart of any trade agreement Canada signs.

Second, this sidebar environmental consideration to the trade agreement, similar to the other trade agreements we have signed, commits Canada and encourages Peru to ensure environmental impact assessment processes are in place.

Forgive me if I hold back a deep laugh. We have just witnessed in this Parliament the demise of federal environmental impact assessment laws, and we have the gall to propose signing off an agreement where we will hold Peru to account for implementing environmental impact assessment laws. I think we better step back and take a look at the record of our country before we make recommendations to other nations that are looking to trade with us and benefit from our experience.

The provisions are non-binding and non-enforceable. They provide for absolutely no recourse or penalties if they are not abided by, unlike, as the previous hon. member mentioned, the provisions in the agreement where a private business can file a legal action for compensation should we not abide by these agreements. There is absolutely no mechanism in these sidebar agreements to hold either government to account for abrogating its environmental assessment or environmental standard setting laws or for the failure to enforce those laws.

We have mentioned the record of the government in relegating our 30 years of development of strong, laudable environmental laws to mere red tape. Is that the lesson we are taking to the table with Peru? Is that the example we are setting? Is that our expectation of Peru? Sure it should go ahead and pass environmental impact assessment laws, set environmental standards, but do as we say, not as we do.

The sidebar agreement also commits, not requires, Canada and Peru to comply with and effectively enforce their respective domestic environmental laws. As above, we have witnessed the actions of this federal government in the failure to enforce its own environmental impact assessment law on its own expenditures.

One of the backbones of federal environmental law is that all expenditures by the federal government will undergo a careful assessment to ensure they are not having an unnecessary and reprehensible environmental effect. What did our government do? It moved behind closed doors, with no public notice and no opportunity for public comment, to rescind and exempt major federal expenditures and project development from environmental impact assessments. Is that what we can expect on this provision of this sidebar agreement?

Another foundation of these sidebar environmental agreements that we have seen with the United States, with Europe and now this one, is the commitment to transparency and participation. This sidebar agreement, mirroring the North American agreement on environmental cooperation, commits Canada and Peru to increased transparency and public participation in the making of our environmental laws and policies. Let us witness the decision by the Minister of the Environment to waive even the notice requirement when he exempted massive projects from environmental impact assessment regulations. Can we expect something different here?

Witness the continued dialogue with the United States on energy and climate change held behind closed doors. Having participated last week in the world dialogue of business leaders and another world dialogue among nations on innovative technology and the urgent need to address climate change, did this occur behind closed doors? No. It was a live broadcast on webcam.

However, when we come back to Canada and our dialogue with our neighbour on what we are going to do jointly on addressing energy issues, energy security for this country and climate change, we go behind closed doors. Is this what we can expect to witness in the Peru-Canada agreement? It looks like it.

Witness the refusal of the government to finally bring forth the negotiated action plan on addressing air pollution, which was long promised by the government and unaddressed, and the failure to bring that proposal before the public, before this Parliament, so we can review it.

Where does it sit? It is on the minister's desk, again turning a blind eye to years of voluntary commitment by business leaders and the environmental community and ignoring the effort to provide input to the government.

Under the North American Agreement on Environmental Cooperation, the Government of Canada, the Government of Mexico and the Government of the United States made a very bold decision. They included mechanisms whereby there would be public advisory councils. The joint public advisory committee, to advise the North American council of environment ministers, was also established under that agreement. The agreement also provides for national advisory councils to advise the environment minister with respect to the three countries.

What has the Canadian government done? It simply allowed the organizations to die. No new appointments have been made under its control. Is this what we can expect under the Canada-Peru trade agreement? Is this what we can expect under the non-binding, ever friendly environmental side agreement? I would hope not, but experience shows otherwise.

Despite the review after review commissioned by independent experts on the relationship between trade and environment, on extensive analysis of how well the North American Agreement on Environmental Cooperation has effectively delivered on the commitments to protect environment as we practise trade, what have we learned from those reviews? Apparently very little. We do not see major changes advancing the consideration of environmental protection in this agreement. For that reason, we must oppose it.

Another clear mechanism in the North American Agreement on Environmental Cooperation is the right of citizens of North America to file a complaint of failure by any of the three countries to effectively enforce their environmental laws. The successive governments of Canada have undermined that process. Instead of embracing this agreement and treating it with the seriousness that the European Community has treated its environment commission, and respecting the direction, the directives and the policies of that commission, our governments have chosen to implode and undermine the very process set up to allow for the transparency. There is delay after delay, interruptions of reviews, and dragging out the process. Even despite that, when the secretariat of the North American commission has come forward with a very thoughtful, independently prepared report, the recommendations simply gather dust.

Have we learned any clear lessons? I guess the lessons we have learned are that the government is turning a blind eye to what we have learned over these 20 years.

I find it extremely regrettable. I think that Canada, in reaching out to other nations, reaching out to nations in South America, Latin America, European nations and Asian nations, could be setting the bar. We could be setting the example for future treaties of this kind. We could be coming to the table and demanding that environmental measures be incorporated into the text of these agreements, that our environmental commitments become enforceable and binding and that there be clear penalties that can be imposed on a nation that abrogates those provisions.

Therefore, I stand clearly in opposition to this agreement. It is with great regret that the government has not taken this opportunity to take the bold, progressive step to make the statement that environmental protection is actually part of any economic development for the future of this country.

Canada-Peru Free Trade Agreement ActGovernment Orders

June 1st, 2009 / 5 p.m.

NDP

Jim Maloway NDP Elmwood—Transcona, MB

Mr. Speaker, as the member knows, the United States-Peru agreement includes labour and environmental agreements, but within the agreement. Whereas this particular agreement leaves labour and environment as side bar issues.

The question I have is this. Why would Canada not get as good an agreement as the U.S. did with its U.S.-Peru agreement?

Canada-Peru Free Trade Agreement ActGovernment Orders

June 1st, 2009 / 5 p.m.

NDP

Linda Duncan NDP Edmonton Strathcona, AB

Mr. Speaker, indeed it is most disappointing that we have chosen to take a different path than the path taken by the United States in forging its trade agreement with Peru. Clearly it is practising what it has preached. It is actually taking what were once sidebar agreements in the NAFTA and apparently incorporating them into the binding text of its trade agreements.

It raises the question of what is going behind closed doors at the United States-Canada dialogue on energy, security and climate change. Perhaps the United States is actually proposing that we move forward with these types of measures. If that is the case, it is indeed a sad day for Canada.

I implore the Government of Canada to open up that dialogue so that Canadians can participate and that Canadian interests are put at the forefront in the negotiation of these agreement.

Canada-Peru Free Trade Agreement ActGovernment Orders

June 1st, 2009 / 5:05 p.m.

Oshawa Ontario

Conservative

Colin Carrie ConservativeParliamentary Secretary to the Minister of Health

Mr. Speaker, I listened intently and I did notice a theme throughout the hon. member's speech. It seems to be a paternalistic theme and a theme of disrespect.

One thing the NDP forgets is that the countries involved in these free trade agreements are actually democracies. In other words, here in Canada, whether the NDP likes it or not, Canadians have a democratic right to elect a government based on a platform, the same as Peru and the same as other countries where we are negotiating free trade agreements. One of the things that political parties run on is a platform, and some political parties actually run on a platform to help promote free trade. This happens to be the case between the two countries we are discussing now, Canada and Peru.

I am wondering why the NDP has such disrespect for a democratically elected government. That was put forth by the people of Peru and the people of Canada in this negotiation. These two democratically elected governments came to an agreement that would benefit both countries. I am wondering why she has such a paternalistic attitude towards these democracies and how she can explain that disrespect.

Canada-Peru Free Trade Agreement ActGovernment Orders

June 1st, 2009 / 5:05 p.m.

NDP

Linda Duncan NDP Edmonton Strathcona, AB

Mr. Speaker, the only evidence of paternalism I see in this House is evidenced by the minority Conservative government to the will of the House.

I ran on a platform of making sure we give due consideration to the rights of workers and our protected environment in any future trade agreements. I find it absolutely incredulous that the member would make a suggestion that we would be paternalistic in suggesting certain measures in the agreement.

Any measures in that agreement would apply equally to Canada and to Peru. In signing on to the agreement we would be undertaking that we will effectively enforce our environmental laws and we will ensure that workers' rights will be protected here.

What we have found under the NAFTA and the sidebar agreement is that far more complaints have been filed against Canada than any of the three nations in its failure to effectively enforce environmental laws.

Canada-Peru Free Trade Agreement ActGovernment Orders

June 1st, 2009 / 5:05 p.m.

Bloc

Serge Cardin Bloc Sherbrooke, QC

Mr. Speaker, it is a pity that I cannot respond directly to the Conservative member who asked a question of my colleague in the NDP. If there is a party that lacks respect in this House, it is surely the government. This can be seen from the way it proceeds with free trade agreements. This government has never tabled any reports or impact assessments on free trade negotiations. The members of the committee and this Parliament have never been able to see an impact assessment for any of the agreements it has negotiated. Worse still, in committee we have proposed amendments and the Liberals and Conservatives have voted against them. Given that we cannot get impact assessments, we have asked to at least have some follow-up on the free trade agreements. That way we might be able to prove to the Conservatives and the Liberals that there are some negative aspects.

I would like to know whether my colleague would agree to having the side agreements that are being established—whether on human rights, particularly in Colombia, or labour rights and environmental protection—incorporated directly into the main agreement, not for the appearance of good will, but to formalize things and demand that workers’ rights, occupational health and safety rights, and environmental protection not be further diluted but improved and augmented.

Canada-Peru Free Trade Agreement ActGovernment Orders

June 1st, 2009 / 5:10 p.m.

NDP

Linda Duncan NDP Edmonton Strathcona, AB

Mr. Speaker, many studies were commissioned by both the Council of Environment Ministers and the Secretariat of the Commission for Environmental Cooperation. It is incumbent upon the government to obtain and review those reports and take into consideration the profound recommendations. There has been article after article critiquing the way we entered into the NAFTA and the failure to incorporate labour and environmental standards into that agreement.

The government is turning a blind eye to any independent analysis. The main question that needs to be raised is in whose interests this agreement is being signed.