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 / 5:10 p.m.

Bloc

Serge Cardin Bloc Sherbrooke, QC

Mr. Speaker, her colleague who sits on the Standing Committee on International Trade surely must have told her that it would be best if the government went back to the drawing board. I imagine that my colleague is in favour of the government reviewing the way it does its free trade agreements, and going back to the drawing board.

In my opinion, we cannot let this opportunity pass by. Things must be done differently starting today: we must partner with emerging countries so that their citizens can truly benefit from that partnership and not be exploited by Canadian firms like the mining companies.

Canada-Peru Free Trade Agreement ActGovernment Orders

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

NDP

Linda Duncan NDP Edmonton Strathcona, AB

Mr. Speaker, contrary to the earlier question from the member opposite, it is not paternalistic to bring to the table sage advice and learnings from previous experience. It is for precisely that reason that it is necessary for the government to bring forward these documents and share them with the other nations, particularly emerging nations, so they can learn from the mistakes made previously.

Why do we want to keep repeating the same mistakes over and over? This countries does not seem to want to follow the path taken by other nations. We are doing it on environment, on climate change and now we are doing it on trade. We are regressing instead of progressing. It is absolutely incumbent upon the government and the parties that are negotiating this agreement to revisit the agreement and move us into this century.

Canada-Peru Free Trade Agreement ActGovernment Orders

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

Bloc

Monique Guay Bloc Rivière-du-Nord, QC

Mr. Speaker, it is rather paradoxical. I had the opportunity to go to Peru with the Minister of Labour, who at the time was a Liberal minister. I was able to see the situation of the workers in Peru and that of the children, who work for nothing and do not even have shoes on their feet to work. I could speak at length about this, but I will return to it. I would like to state the position of the Bloc Québécois, which is against the Conservative government’s strategy of concluding trade agreements on a piecemeal basis. We prefer the multilateral approach.

The present economic crisis shows us that a market economy cannot function properly unless it is regulated and stabilized by an institutional, political and ethical framework. Instead of making piecemeal agreements, Canada must work within the WTO to ensure that the rules that govern international trade are the same for all, without exception. We are also now talking about a free trade agreement with Colombia, concerning which I will also speak a little later.

We believe that trade can contribute to the enrichment of peoples, and in that sense can be an important instrument of socio-economic development. For that to happen, however, trade agreements must contain measures to guarantee that the populations concerned can develop sustainably and thrive, in other words, to guarantee workers’ rights and human rights. The free trade agreement with Peru contains an investor protection clause, copied from chapter 11 of NAFTA, which will permit companies to prosecute governments. The presence of a chapter on investor protection could constitute an impediment to the social and economic development of Peru.

As we all know, Canada’s principal commercial activity in Peru is mining. Peru does not have a glowing record on protecting the workers in that sector because it does not have the resources. In the absence of a genuine accountability policy for Canadian mining companies, ratification of this agreement will permit those companies to extend their operations without being subject to any rules or consequences when they pollute the environment or flout human rights.

We will therefore be voting against this bill. Nor must it be forgotten that we are at third reading, a stage at which it is impossible to amend the bill. The attempt was made in committee. The Bloc Québécois and the NDP tried to find out more. Everything was done on the sly. It is worrying when things are not put clearly on the table, when documents are not clear, when we do not have access to certain documents and we do not feel that we are being listened to. Instead they want to pass this bill as quickly as possible to get the Canadian economy rolling in another country, because we are in an economic crisis and we have to make money to repay the debt and see that our companies make money. It all appears to be based on worry.

I would like to talk about chapter 11 of NAFTA. We have been through highs and lows on this subject. To set the context, NAFTA chapter 11 on investment permits investors in a member country of the North American free trade area to claim compensation from the government of another party to NAFTA when they feel they have been prejudiced by the adoption of regulatory measures that modify their company's operating conditions. These regulatory or legislative modifications must, however, be comparable to direct or indirect expropriation or to a measure equivalent to expropriation.

NAFTA is the only major free trade agreement binding on Canada that contains such extensive provisions on the treatment to be given to investors in the other parties. Since the free trade agreement with Peru contains a similar clause, the Bloc Québécois considers that it is not in Quebec’s interest to support such an agreement, and we shall oppose ratification of the agreement with Peru.

In reality, it is difficult for the free movement of goods not to be accompanied by the free movement of capital.

When specific provisions are not incorporated in free trade agreements, bilateral agreements generally provide for the protection of investments coming from the other party, and all these agreements contain substantially similar provisions, that is, a neutral arbitration procedure in the event of a dispute between the foreign investor and the host state of the investment. There are presently over 1,800 bilateral agreements of this type in the world.

The provisions of chapter 11 of NAFTA governing investments have been called into question. They are the source of numerous proceedings that have been brought against various governments in Mexico, the United States and Canada. They sometimes result in millions of dollars in compensation being awarded. We need only think of the whole softwood lumber saga. I went to the United States several times myself to meet with American senators and representatives to make them aware of our problem and tell them that it was not true that we were subsidizing softwood lumber. They used chapter 11 against us, and that cost us millions of dollars more. We have to be careful.

In short, for the Bloc Québécois, chapter 11 defines an entire investment regime. The definition of investment is very broad, perhaps far too broad. Some of the provisions of that chapter, including the concept of expropriation, have generated numerous proceedings. In addition, the current trend is toward extending that concept to encompass lost profits.

I have a number of examples here. I was speaking earlier about the softwood lumber quotas. There is one legal action on the banning of MMT, another resulting from the prohibition of a toxic waste landfill site, and many others. We have many examples of proceedings.

In addition, many questions are raised about the dispute settlement mechanism provided for in this chapter. That mechanism provides that a company that considers a government to be contravening the investment provisions may bring an action directly against that state before an arbitral tribunal. The arbitration tribunals that hear these disputes are formed to hear a specific dispute. The deliberations of these arbitrators and their decisions are secret, unless both parties to the dispute decide otherwise.

Once again, everything is done in secret, behind closed doors. Even if an agreement is reached that does the least possible harm to either party, we are still talking about millions of dollars that have to be spent to settle a dispute, and that dispute can drag on for years.

While the free trade agreement with Peru contains certain advances in terms of transparency—something we do not deny—the Bloc Québécois feels that disputes should be settled on a multilateral and centralized basis, instead of case by case between the different states that sign bilateral agreements.

In fact, the NAFTA provisions on investment are similar to the ones in the proposed free trade agreement with Peru. They give very broad powers to businesses and give us concern as to the ultimate sovereignty of governments and their ability to take measures to protect the health of people and the quality of their environment.

The Bloc Québécois will therefore oppose this agreement. I have shown what chapter 11 means. As I said earlier, I had the opportunity to go to Peru with a Liberal Minister of Labour, and I saw the working conditions of the people who live there. I also saw the conditions of the indigenous people. Certainly, if you go to Lima, the country's capital, you will see a completely different reality than if you go into the mountains and meet with the indigenous people who are born there. It is a completely different reality. These are people who have no way of defending themselves. They have no unions.

They can be made to work for starvation wages. As I said earlier, children who are actually barefoot are going to be made to work. That is a fact; I am not exaggerating. Adults who have no resources and will have no choice but to work for starvation wages are going to be made to work, and our wealthy mining companies, which make bags of money around the world, will exploit them, which is unacceptable.

Once they have finished exploiting them and emptied the mine, they will work the ore elsewhere. But they will leave the mining site in a sorry state. They may have contaminated the water table, in which case the water will no longer be potable.

Peruvians already have serious drinking water problems. In fact, they have serious education, health and environment problems. Yet we are sending companies into Peru that, under this agreement, are not required to follow strict rules. Their compliance will be voluntary. I cannot get over it. I have sat in this Parliament for 16 years, and I know that voluntary measures inevitably lead nowhere.

We have seen it in every aspect, including the environment and labour, and it is not working. We have to force these companies to abide by stringent and specific rules, and we have to make sure they follow them. It is all very well to make rules, but there also has to be monitoring and an authority to do the monitoring. There are non-governmental agencies that can monitor, but that is all there is.

Canada has responsibilities to these countries. When it sends its companies to do development there, it has to make sure that this does not serve only the companies’ interests, that they are not the only ones that make money, and that the host country also benefits properly, which means that it benefits in environmental terms.

We now have methods of extracting ore and working in mines that are much better for the environment than they were in the past. We have to know how to use these resources. Obviously, the mining companies want to go as fast and as cheaply as possible, and will want everything to be as profitable as possible for them, because they are not forced to follow rules and the measures are voluntary. Well, voluntary measures lead nowhere, and will not help Peru to develop. That is what is troubling us about this agreement.

In Canada today, there are mining companies already being blamed because they do not do their work properly and they exploit people, they exploit young people and children. These companies exploit the people and the environment, and then they leave and go on their merry way. When there is no more ore and no more money to be made, the country is the one with the problem then, but it does not have the resources it needs to remedy the environmental situation.

When the environment is destroyed, it can be expensive to try to restore an acceptable environment. We talk about acceptability. The country may not even have the resources to think about investing in the environment. Very often, the country invests in essentials and tries to save its people before investing in the environment.

I have seen children there who simply did not eat and who slept in cardboard boxes. We, citizens of wealthy countries, who have a roof over our head, we need to go there and see how they live. I am not persuaded that when mining companies set up facilities there and exploit their resources it will mean that those people will not still be living in little cardboard boxes.

When this agreement was negotiated, on the sly, as I pointed out before, we should really have made sure that stringent constraints and monitoring methods were included, for overseeing work done there.

Perhaps then we would not see children and families living in cardboard boxes, but rather families making money with the prospect of forming a union. We can help them. We have expertise here. We can also send them this expertise when we send the mining companies. We cannot send only big business and not provide resources to the people in the host countries. These countries really do not have a lot of resources, and we, for our part, go there to exploit them. We lead them to believe that they will make money, but in the end they are the ones who pay the price, once more.

The same is true in the case of Colombia. There are emerald mines there, and we know the value of emeralds. When the mining companies get there, they will work them thoroughly and make a lot of money. How can these countries defend themselves against big companies, the multinationals making a lot of money? They can afford lawyers and court cases lasting five or ten years. The host country is poor and does not necessarily have the means to contend with these multinationals. So, we must help them. We are going there. There must be very strict rules to ensure that their environment, their life, the life of their children, the life of the indigenous people and the beauty are not destroyed. Peru is a magnificent country. If operations begin without a thought to the environment, whole landscapes may be destroyed there and waterways essential to the life of the country may be rerouted.

My concerns are real. I am even more concerned when I think of Peru, because we can see the agreement was negotiated on the sly. They do not want to give us information. They keep everything hidden. We do not know how it will be operated. We also see that only Bloc and NDP members are interested in discussing the matter.

We are really on the wrong track. This is 2009. There is a worldwide economic crisis to overcome. It affects these countries too. It is having a huge impact on them. In addition, we are running the risk of destroying what little they have managed to build over the years, in terms of the environment and labour with the help of NGOs and in terms of drinking water, culture and agricultural development. If we come lumbering in and destroy all that, there will be nothing left. We will have to live with the horror of saying it is our fault. It is in fact the fault of the Conservative government, not of the Bloc. Unfortunately, there are not enough of us to defeat this agreement and renegotiate it more intelligently. The Conservative government will have to take the flack.

We can imagine the impression this will leave internationally. We can imagine what people will think of Canada and what these so-called will voluntary measures will do to our international reputation.

Of course, we will oppose this agreement. I sincerely hope that this people does not suffer from the mismanagement of the Conservative government, which is sending mining companies to develop there unrestricted.

Canada-Peru Free Trade Agreement ActGovernment Orders

June 1st, 2009 / 5:30 p.m.

NDP

Claude Gravelle NDP Nickel Belt, ON

Mr. Speaker, I would like to ask my colleague in the Bloc a question. Free trade agreements are usually negotiated by and for the rich. We have a good example of that here in Canada with the softwood lumber agreement negotiated with the United States. Rich Americans got everything and we lost $1 million. John Deere, another very profitable company, is in Mexico now.

I would like to ask my colleague from the Bloc whether it would be worthwhile sending this bill to committee or whether the House of Commons should just immediately vote it down.

Canada-Peru Free Trade Agreement ActGovernment Orders

June 1st, 2009 / 5:30 p.m.

Bloc

Monique Guay Bloc Rivière-du-Nord, QC

Mr. Speaker, we are at third reading, and at this stage, a bill cannot be sent back to committee or amended any more. There is nothing more we can do. We have reached the end. We can only talk about it here in the House and make people aware of what our position is. We are boxed in and our hands are tied. Nothing more can be done, other than to inform the people listening to us about what is happening.

We get information from our fellow citizens. We are currently getting postcards on the free trade agreement with Peru. There is a large Peruvian community in my riding that is very aware of this issue. I have received telephone calls telling me how concerned they are about the free trade agreement because it does not contain any measures on respect for the environment, human rights or labour rights.

Thus, we are at third reading and we are stuck with this bill. We have to vote for or against it. We have decided to vote against it and the NDP will certainly adhere to the same position. It is our task to show that the Conservative government and the Liberals, who will vote in favour, are making a monumental mistake by voting for such a poorly written agreement.

Canada-Peru Free Trade Agreement ActGovernment Orders

June 1st, 2009 / 5:35 p.m.

Bloc

Serge Cardin Bloc Sherbrooke, QC

Mr. Speaker, I want to congratulate my colleague on her remarks and especially on her sensitivity to the situation that could arise. The agreement that has been signed does not make it possible to force Canadian companies that invest in Peru to improve their records on labour rights and the environment. Companies that are globalizing their investments obviously think Peru is more profitable than Canada. These profits will often be derived from working conditions and the environment, especially in the case of mining companies or oil and gas operations.

The government needs to be sent back now to do its homework. Therefore, we should vote against this implementing legislation. We should also ask the Liberals not to be two-faced and to uphold the values they are really most attached to if they want to return to power some day. If they want to return to power, they really should abide by those values.

Canada-Peru Free Trade Agreement ActGovernment Orders

June 1st, 2009 / 5:35 p.m.

Bloc

Monique Guay Bloc Rivière-du-Nord, QC

Mr. Speaker, I totally agree with my colleague. One cannot speak from both sides of the mouth at the same time. One cannot talk about environmental protection on one hand, and then accept an agreement as badly written as this one. The Liberals should do their homework. If they vote with us against the bill, the agreement will be rejected. If they vote for the bill, they will have the shameful task of defending their position later on. I find their position appalling because they will destroy instead of building.

Of course, when multinationals and mining companies go into countries like Peru, they should contribute to the improvement of the population's standard of living. Oftentimes, that is not what we see because people in those countries do not have the means they need to defend themselves. In this case, the agreement does not give them those means. There will be only voluntary measures. That is unacceptable and it must be denounced. A great many of us will vote against the bill.

Canada-Peru Free Trade Agreement ActGovernment Orders

June 1st, 2009 / 5:35 p.m.

NDP

Peter Julian NDP Burnaby—New Westminster, BC

Mr. Speaker, the hon. member spoke eloquently about the government's claims and about the effects of this so-called free trade agreement. In fact, the government claims that the agreement will improve the economic situation of Peruvians. However, as the member clearly said, poverty is rampant in Peru. Only improvements in workers' rights could eventually raise the development level of the country.

Does the member see in the agreement any single measure that could guarantee Peruvian workers some rights that could lead to economic development and improve their economic condition? I would also like to know how she reacted when she learned, as all hon. members in this House should know, that the Peruvian government even refused to respect its own signature on the International Labour Organization treaty. In other words, the government of Peru already reneged on past commitments aimed at guaranteeing the rights of the workers. Does the agreement include measures to prevent that from happening again or will it perpetuate the problem we see with the Peruvian government refusing to recognize the rights of the workers?

Canada-Peru Free Trade Agreement ActGovernment Orders

June 1st, 2009 / 5:35 p.m.

Bloc

Monique Guay Bloc Rivière-du-Nord, QC

Mr. Speaker, it is clear that this will simply perpetuate the problem and the situation will get worse. It cannot improve, particularly when there has already been a signature opposing labour rights.

Imagine that a union tries to organize in Peru to protect mine workers, when the government has already refused to sign. At present there is absolutely nothing in this agreement to allow a union, an environmental group or any group that would be good for the country to take action and speak out against what is going on. They could have some power to respond and to make the company engaging in misconduct respond.

It is a waste of time from the outset. It is too bad. It is sad to see, but that is the decision made by the Conservative government, supported by the Liberals. We will remind them of it in the election campaign. Have no fear about that.

Canada-Peru Free Trade Agreement ActGovernment Orders

June 1st, 2009 / 5:40 p.m.

Oshawa Ontario

Conservative

Colin Carrie ConservativeParliamentary Secretary to the Minister of Health

Mr. Speaker, I could not help but listen to the member's response, saying that this is a decision of the Conservative government. This is a decision of the democratically elected governments of Canada and the democratically elected government of Peru.

The sadness here is the Bloc member, who claims to support democracy, standing in this House and saying that even though two governments have come to a decision on trade, the Bloc members will vote it down and disrespect that decision.

As we see historically with free trade agreements, when Canadian companies go into other countries they raise the bar and provide jobs. What I am hearing from that member and other members in the House is that they immediately start to disrespect Canadian companies that have a wonderful reputation around the world by saying that our companies are out there exploiting people in these other countries, which is entirely disrespectful.

What does the member have against Canadian companies and Quebec companies going out into the world to provide jobs for people and raise their standard of living? Why do the Bloc members not respect the democratic right of these countries to make trade agreements in order to raise the bar for all citizens involved?

Canada-Peru Free Trade Agreement ActGovernment Orders

June 1st, 2009 / 5:40 p.m.

Bloc

Monique Guay Bloc Rivière-du-Nord, QC

Mr. Speaker, yes, they were democratically elected. I understand that quite well, but they are a minority. As long as they are a minority, that is how it will be. We will always have our say, and I too was democratically elected here to this House,just like all the members from all parties. I think we do not need to keep bringing that up.

We have nothing against the companies, except that we know, and we have the evidence, that there are problems with Canadian mining companies all over the world. They have engaged in bad exploitation.

Why is there nothing in this free trade agreement with Peru about requirements to avoid these situations? On the contrary: preference is given to adopting voluntary measures, well never mind that, just say openly that you are going to exploit.

Canada-Peru Free Trade Agreement ActGovernment Orders

June 1st, 2009 / 5:40 p.m.

NDP

Pat Martin NDP Winnipeg Centre, MB

Mr. Speaker, I am very pleased to follow my colleague for Rivière-du-Nord and her learned presentation. We share many of the concerns raised by my colleague. This is the second time today I have spoken to an issue brought forward by my colleague for Rivière-du-Nord. She is having a very illustrious day in the House of Commons today.

The position of the NDP has always been that we are not opposed to free trade providing that it is fair trade. We sounded the alarm in the 1980s when the first free trade agreement was introduced. We cautioned people that the globalization of capital was not some force of nature, that it was not like gravity or the conservation of mass. This is a choice made by nation-states on behalf of corporations. The free trade agreement and the NAFTA became like a charter of rights and freedoms for corporations to move freely and override the sovereignty of nation-states.

What we cautioned then, we continue to caution today, which is that there is an erosion of sovereignty associated with the free trade agreements that we have entered into so frequently and freely since the early 1980s when the first FTA was put into effect.

Mr. Speaker, you know that I am a socialist and a trade unionist and you should also know that I am a fiercely proud Canadian nationalist. As such, on all of those fronts, we are dedicated to a multilateral point of view. We are dedicated to elevating the standards of wages and working conditions for people all over the world, not just for Canadian workers but for the international movement of workers' rights. The international solidarity of workers' rights is alive and well. In fact, it is the free trade agreements entered into so freely by nation-states around the world that have revitalized the importance of workers coming together through their free trade unions, where such free trade unions are allowed, and through the international plenary umbrella of international organizations of those unions.

It seems that we alone are standing to try and caution people about the predictable consequences of some of the causes associated with what are called free trade agreements, such as the one we are contemplating today.

The international trade critic for the NDP, my colleague for Burnaby—New Westminster, has been a tireless champion of these issues. Again, this is not to be negative and try to criticize the concept of freer trade, tearing down barriers to trade or some of the non-tariff barriers to trade. Granted, we want the free movement of capital and of goods and services. We even want the free movement of people around the world. However, we also suggest that when there is the globalization of capital there must also be the globalization of labour rights, human rights and environmental standards. We want to harmonize at the highest common denominator, not the lowest, and that has been the actual empirical evidence in many of the free trade agreements that we have now had the luxury of time to study.

The old yarn put forward by the neo-Conservative movement that a rising tide lifts all boats, is not in fact true. If our boat has a hole in it, it does not rise with the tide. It simply stays down. We watched this movement propel itself around the world and, frankly, capitalism does not had a very good name lately.

When I announce that I am a socialist, I guess it is no surprise because we are all socialists now. We just bought General Motors. I always thought that one of the signs of the apocalypse would be when General Motors went bankrupt. Is that not when the four horsemen appear on the horizon and there is darkness at the break of noon when GM goes bankrupt?

Canada-Peru Free Trade Agreement ActGovernment Orders

June 1st, 2009 / 5:40 p.m.

An hon. member

It is the four horsepower.

Canada-Peru Free Trade Agreement ActGovernment Orders

June 1st, 2009 / 5:40 p.m.

NDP

Pat Martin NDP Winnipeg Centre, MB

The four horsepower of the apocalypse. That is very good.

The fact is that we now have Marxism realized. We own the means of production and we did not have to fire a single shot. It is really quite phenomenal what went on today.

We have always cautioned people that unfettered capitalism has no conscience. I do not blame it for that, just like a shark cannot be blamed for having no conscience. It simply swims through the water and gobbles and gobbles because that is what it does.

It is up to us because we have the moral conscience. It is up to people to apply morality to capitalism and that is what we seek to do when these free trade agreements come through. Some of us need to rise up in the spirit of true democracy, contrary to what my colleague implied, that those of us who raise legitimate concerns are somehow less than democratic. We do not respect the unfettered right of the Conservative minority government to enter into free trade agreements without scrutiny, oversight and due diligence by duly elected members of Parliament in this chamber. That would be an affront to democracy, if there were any associated with this.

My Bloc colleague from Rivière-du-Nord pointed out earlier that one of our serious legitimate concerns about this free trade agreement and others is the investor rights that it gives to corporations. The chapter 11 rights were unheard of until they were introduced in the NAFTA agreement. These rights give a corporation nation-state status so it can sue a duly elected government for inconveniencing its ability to commercialize a certain product.

That was horrifying to us. We blew the whistle and sounded the alarm in 1988. We warned people that this was folly and that it would lead to untold complications. I will give one example from a few years ago and example of one that is going on currently involving MMT.

The people of Canada decided that the gasoline additive MMT was too poisonous to be exposed to and that we did not want it put into gasoline in this country. We were sued because this decision interfered with the ability of Ethyl Corporation to sell its product in Canada. It sued Canada for lost opportunity and it won. We paid the corporation for the inconvenience. We had to shell out $13.5 million to Ethyl Corporation because we as a nation decided we did not want MMT in our air supply and in our children's organs.

I will give the House a more recent example. The province of Quebec, quite rightly, wanted to ban the cosmetic nonessential use of pesticides in homes, gardens, schoolyards, on golf courses, et cetera. This was the right thing to do given that we now know that exposure to chemical pesticides can lead to a number of cancers, birth defects and problems in reproductive health. However, believe it or not, Dow Chemical, the manufacturer of many of these chemical pesticides, is now suing the Government of Quebec for having the temerity to do what it thought was right for its citizens.

That is fundamentally wrong on so many levels that I can hardly express them, but this is the very same concept we are now introducing in this free trade agreement with the people of Peru.

The good people of Peru will find themselves stripped of some of their sovereignty to chart their own destiny in a matter so vital and so fundamental as public health. The same investor right clauses can be applied should their democratically elected government decide to curtail the ability of one of the Canadian mining companies operating there or impose stringent standards on the operation of those companies. Those companies can sue because this interfered with their ability to commercialize that product.

That is just one of the concerns that we have that warrants further debate. I regret we are now at the stage of debate on this bill where we do not have the opportunity for further amendment. All I can do is express our dissatisfaction with this and our legitimate concerns.

The NDP, advocating on behalf of workers around the world, has tried to introduce what we call our corporate social responsibility bill, a bill put forward by my former colleague and the former leader of our party, Ed Broadbent. It was taken over by the next leader of our party, the former member for Halifax, Alexa McDonough.

For a decade or more, we have been trying to introduce something that would recognize the problems in the free trade agreement. If we are going to give a charter of rights to businesses and to corporations, then we need to offset those rights with what we call the extension of corporate social responsibility of Canadian companies when acting abroad.

The rules that apply to them when they are within the domestic jurisdiction where they come from should apply to them when they act and operate outside this jurisdiction. That way we would truly be elevating the labour and environmental standards of those other companies with which we trade because we would export not only the business operation, but we would export their modus operandi of how they conduct themselves as well.

These companies should not be able to form and incorporate in this country and then when they conduct themselves abroad, go to the lowest common denominator or standards, health and safety standards, labour standards and environmental standards, that are often far lower than what we would require a company to adhere to in this country.

We noticed when the Canada-Peru free trade agreement was first signed, the president of Peru, Alan Garcia, was optimistic that Canada, having a greater production outcome, would share some of that outcome. He said that Canada had a production output 12 times greater than Peru's and bought $600 billion worth of goods from other countries. He was therefore optimistic that Canada, by virtue of this trade agreement, would add more Peruvian wood, mining products and farming and manufactured products to the list.

At the same time, critics of the current president and the regime spoke out against the free trade agreement and against the president's administration, pointing out that the president's approval ratings had sunk as popular support for his policies continued to vanish. An international commentator said:

The Peruvian government is beginning to unravel as corruption charges and scandals threaten to completely discredit the already unpopular leadership of President Alan García. The minister of Mines and Energy as well as other top energy and state oil officials have been fired in response to allegations of favoring a foreign energy company...in exchange for bribes.

The regime that we are entering into an agreement with is falling apart. I speak now on behalf of the working people in Peru. It could well be that the Peruvian government does not have the mandate to enter into this agreement from the people of Peru any more than this minority Conservative government has the absolute mandate of the people of Canada to enter into this agreement.

We should remind ourselves that it was not long ago that bribery was such a common business practice in international trade, et cetera. Until the mid-1990s, the Government of Canada allowed companies to write off bribes as a tax deduction. This only changed in the mid to late 1990s after Canadians were horrified. The companies pushed back and said that it was the way business was done when they operated abroad. They have to grease the wheels of commerce with bribes and therefore it is a legitimate business expense. Until recently, the Government of Canada accepted this.

Revenue Canada has been under a lot of scrutiny lately with the Oliphant inquiry into the Mulroney-Schreiber Airbus affair. Many of us were horrified at some of the things Revenue Canada deemed to be acceptable. When we pay our taxes diligently, not exactly eagerly, and then the former prime minister of Canada, after not paying taxes for nine years on money he received in a brown paper bag in a hotel room, finally decides to come clean with Revenue Canada and it arbitrarily decides that he only has to pay taxes on 50% of what he failed to declare all those years earlier, the credibility of Revenue Canada comes into question.

I was even more horrified to learn today that the practice was only stopped by Revenue Canada last November. When this whole situation began to surface, Revenue Canada quickly stopped the practice and covered up its tracks.

That does not explain what happened to the former privacy commissioner, George Radwanski, who owned $650,000 in back taxes and 24 hours before he started a job, which paid $250,000 a year, Revenue Canada forgave him all the back taxes on the basis that it was not possible to retrieve.

Those are the kinds of decisions that Revenue Canada makes from time to time. It makes Canadians really question if there is not two tax systems in our country, one for the rich and the connected, someone who has connections with the PMO, and the rest of us.

This free trade agreement is fraught with concerns. We felt obliged to oppose the agreement when it was first introduced. My colleague, the member for Burnaby—New Westminster, at every stage of debate and through the committee stage, made efforts to amend the free trade agreement so it would be in a form of which we could be proud.

Those of us who want fair trade do not object to free trade, as long as it meets those basic tests. We do not want the huge imbalance that exists, an imbalance that would act as a charter of rights for corporations to override the sovereignty of a nation state and completely give them carte blanche to conduct themselves in any way they saw fit without a considered attempt to elevate the standards of conditions in the places where they settle.

My colleague from Rivière-du-Nord said that one of the faults of the bill was that it set guidelines for voluntary compliance, by suggesting these companies should conduct themselves in a certain way will make it so. I am sorry, but we do not buy that. It is just not credible. We should judge people by what they do, not by what they say.

We find ourselves in the middle of an economic downturn. Some people are saying that it is the end of an era of a certain ideology and certain economic policies. Some people are calling for a new Bretton Woods. Some people are calling for a new internationalism, coming out of the ashes of what began as the globalization movement.

The champions of the globalization of capital saw it as a panacea, that all we had to do was increase and improve lines of trade with countries and they would automatically come and be harmonized at some western standards.

That has not been the case at all. These things will not happen by accident. These things will not happen because there has been no collective agreement, which is one of the goals, one of the objectives. When businesses come to governments looking for a licence to operate in a certain way, it is up to us then to inject and insert those secondary objectives into the activities that they have under way. They have one goal and one goal only, and it is the profit motive. There is nothing wrong with that. That is what businesses do. They seek to maximize profits for their shareholders.

We are here with a different mandate, a different set of rules. We are here with different goals. If our goals are to elevate the standards of wages, living conditions and social conditions of fellow workers around the world and if we use these opportunities to achieve those secondary goals and objectives, we can do more than just enable free trade. We can mandate fair trade and then we will realize those noble objectives of elevating the standards of the people with whom we are trading.

What we want for ourselves, we wish for all people. That is one of the founding principles of the party to which I belong. As a socialist and a trade unionist, it is my obligation, every chance we get, to try to elevate those standards of my colleagues around the world, my brothers and sisters in the international labour movement. It is through trade agreements we can achieve those things, but not if we let them slide by in a substandard way like this.

Canada-Peru Free Trade Agreement ActGovernment Orders

June 1st, 2009 / 6 p.m.

Kootenay—Columbia B.C.

Conservative

Jim Abbott ConservativeParliamentary Secretary to the Minister of International Cooperation

Mr. Speaker, as the member well knows, he and I have managed to find ourselves on different sides of many issues, but I respect the fact that he and I have also had occasion to work together for the kind of common good to which he has spoken. He would also know there is currently a private member's bill before the committee, which was passed by the House, Bill C-300 on the issue of corporate social responsibility.

We have been studying it as recently as this afternoon and the thing that has been most interesting is the aggressive action that the Government of Canada is currently undertaking with respect to corporate social responsibility.

I put to the committee today the concept that there was not one person in the House, and probably not one person in Canada, who was not serious about wanting all of our corporations to be involved in the world with the concept of corporate social responsibility.

The only thing I would suggest for my friend is this. An awful lot of the time I have been in the House and have taken occasion to listen to the speeches of the NDP, it always seems so dower, so down and so negative. we cannot do this and we cannot do that and those great big greedy corporations. There is all this negativism.

What the Government of Canada wants to do with this Peru free trade agreement, as with other free trade agreements, is to open up the possibility for Canada and Canadian workers to have more opportunity in the world because Canada is such a free trading nation.

Would my friend not want to put on a more positive face, a bit more of a smile, rather than always being concerned about being dragged down? Canadians are the most productive creative people in the world. We are a nation that can carry our own and we can carry these things to Peru and to other countries to help them bring themselves up to a higher level.