Bill C-57 (Historical)

Canada-Jordan Free Trade Act

An Act to implement the Free Trade Agreement between Canada and the Hashemite Kingdom of Jordan, the Agreement on the Environment between Canada and the Hashemite Kingdom of Jordan and the Agreement on Labour Cooperation between Canada and the Hashemite Kingdom of Jordan

This enactment implements the Free Trade Agreement and the related agreements on the environment and labour cooperation entered into between Canada and the Hashemite Kingdom of Jordan and signed at Amman on June 28, 2009.
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.

Canada-Jordan Free Trade Act

[Ron Cannan, Conservative, Kelowna—Lake Country, BC]

Madam Speaker, my hon. colleague is a committee member as well. We look forward to continuing to move this agreement through our committee, hopefully much faster than the Colombia agreement, Bill C-23.

From a business perspective, Jordan is a growing market, at about 5.6%. It is fast growing. It is very stable. There are enhanced opportunities for Canadian business. We can look right across the country, from province to province. In Ontario there was almost 29 million dollars' worth of two-way trade in 2008. In British Columbia it was $11.8 million. In Saskatchewan it was $8.1 million. In Jordan it was $1.7 million. It is about $92 million of two-way trade.

We can look at the example of the U.S. The Americans had a trade agreement in place for many years. We are trying to level the playing field. That is a business case in itself. It would give our Canadian businesses an opportunity to be competing on a fair basis. They have had an exponential growth almost tenfold.

We are looking at the fact that we have opportunities for Canadian businesses. We would level the playing field. At the end of the day consumers would be paying lower prices.

[Irwin Cotler, Liberal, Mount Royal, QC]

Madam Speaker, I am delighted to rise and speak in favour of Bill C-57, An Act to implement the Free Trade Agreement between Canada and the Hashemite Kingdom of Jordan, the Agreement on the Environment between Canada and the Hashemite Kingdom of Jordan and the Agreement on Labour Cooperation between Canada and the Hashemite Kingdom of Jordan.

As has been said in this House during debate, this is the first trade agreement that Canada has signed with an Arab country, and it is only appropriate that Jordan be that country.

First, the Jordanian industry and trade minister, Amer Al-Hadidi, said, after the agreement was signed:

The signing is a testimony to the excellent relations between the two countries. We finished...negotiations...in record time.

Second, as they themselves have affirmed both on the occasion of the signing of the free trade agreement and in discussions that I have had with them when visiting the Hashemite Kingdom of Jordan, they have made great strides toward economic and trade liberalization, including developing an ambitious agenda which they hope will combat poverty and unemployment while seeking to protect the environment, promote economic growth and ensure an equitable distribution of goods and services consequent upon that economic growth.

Third, the trade agreement between Canada and Jordan will not only contribute to increasing bilateral trade ties, it will create new export opportunities for Jordanian products in foreign markets through the aggregate rules of origin with the countries that have already signed trade agreements with both Canada and Jordan, such as the United States and Israel.

Fourth, as His Majesty King Abdullah himself said on the occasion of the signing of the trade agreement, “It will help increase the volume of commercial exchange and expand economic cooperation between the two countries”, as “under the [trade agreement], Jordanian products will enter the Canadian market tariff and customs free as of the date the agreement goes into effect, expected to be at the end of 2009”.

At the same time, “Canadian products will benefit from a gradual decrease in tariffs and customs over a span of three to four years”.

As well, this free trade agreement will presage further cooperation between Canada and Jordan, and indeed again, His Majesty King Abdullah appreciated and expressed, as he put it, his appreciation for Canada's support for Jordan in implementing Jordan's development program, especially in the field of education, while expressing the hope that the two countries will further cooperate in the fields of alternative energy, water and nuclear progress.

This brings me to yet another perspective and reason for signing this agreement with Jordan, which will be the first Arab country for that purpose. The two countries, and it is important to factor this into the free trade agreement, also signed agreements to protect the environment, investments and labour rights.

I recall the representations made in this debate by the member for Burnaby—New Westminster, the cautionary note that he sounded with respect to the human rights issues, and the references he made with respect to the U.S. State Department report on matters relating to human rights. I expect that these will be issues that will be addressed in the testimony and submissions before committee as well.

Finally, as Jordan has signed a peace treaty with Israel, indeed we are speaking in this debate on the occasion of the 15th anniversary of that peace treaty between Jordan and Israel, and as Canada has now signed a free trade treaty with Jordan as it has with Israel, and has close cooperation with Israel as well as an excellent relationship with Jordan, this free trade agreement will, in that regard, help create a peace dividend as well as an economic, environmental and labour rights dividend for the reasons that I mentioned.

The value of this first ever free trade agreement between Canada and Jordan finds expression in the preamble and purposes of the free trade agreement to which I will turn at this point. Although I could reference the preamble, for reasons of time I will excerpt only clause 7 of the bill, which speaks to the purpose of the agreement and which says:

The purpose of this Act is to implement the Agreement and the related agreements, the objectives of which, as elaborated more specifically through their provisions--

That is why I am dealing now with summary form as is given in clause 7. The purposes of the agreement include:

(a) establish a free trade area in accordance with the Agreement;

(b) promote, through the expansion of reciprocal trade, the harmonious development of the economic relations between Canada and the Hashemite Kingdom of Jordan in order to foster, in both countries, the advancement of economic activity;

(c) contribute, by the removal of barriers to trade, to the harmonious development and expansion of world trade;

(d) enhance and enforce environmental laws and regulations and strengthen cooperation on environmental matters;

(e) protect, enhance and enforce basic workers' rights, strengthen cooperation on labour matters and build on the respective international commitments of Canada and the Hashemite Kingdom of Jordan on labour matters; and

(f) promote sustainable development.

The Canada-Jordan free trade agreement can be expected to provide important economic, environmental, labour, geopolitical, bilateral and multilateral benefits. It will of course require the oversight that is appropriate to these kinds of agreements, as will, in particular, the side agreements that relate to matters pertaining to environmental protection, workers' rights, and the issue of human rights as a whole.

Let me now try to identify in summary form the benefits that may arguably accrue from this Canada-Hashemite Kingdom of Jordan free trade agreement in a number of sectors. I will refer sequentially to the economic, environmental, labour, geopolitical, bilateral and multilateral sectors.

On the economic front, the free trade agreement would help promote bilateral economic trade as I referenced earlier. This bilateral economic trade between Canada and Jordan stood at $92 million in 2008, but as a result of this agreement, it can be expected to increase exponentially while enhancing competitiveness and establishing mutually advantageous rules to govern trade and reduce distortions through trade. This should accrue thereby to the benefit of both Canada and the Hashemite Kingdom of Jordan in the sectors that have been referenced in the course of this debate and in which some of our provinces, including my own province of Quebec, have a particular interest and concern.

On the environmental front, this agreement has an environmental protection agreement which commits the parties to comprehensive and high-level sustained environmental protection. I might add that in matters of this kind, the environmental assessments will be particularly important as well as the panoply of remedies with respect to--

[The Acting Speaker, NDP, Denise Savoie]

Order, please. I regret to interrupt the hon. member. I would ask members in the House to refrain from discussions back and forth. They are disturbing. I would suggest that these conversations be taken outside to the lobby.

[Irwin Cotler, Liberal, Mount Royal, QC]

Madam Speaker, I am just concluding on the matter of the environmental sector. As I said, there is provision in the side environmental agreement for prospective environmental protection, and it is detailed in the side agreement, but that will require as well ongoing oversight in order to ensure that the protective framework, the remedial framework, the objective sought by way of economic protection comport not only with the understandings and undertakings in that side agreement but indeed with respect to the international economic and environmental protections to which Canada and the Hashemite Kingdom of Jordan respectively have committed themselves to.

This brings me now to the labour front. With respect to the labour front and again the side labour agreement, and I may spend a little more time on this one, the labour agreement commits both parties to protect, enhance and enforce basic workers' rights, to strengthen cooperation on labour matters, and to build on their respective international labour commitments.

In particular in that regard the labour agreement requires both parties to ensure that their laws respect the 1998 ILO declaration on fundamental principles and rights at work, which covers freedom of association, the right to collective bargaining, the abolition of child labour, the elimination of forced or compulsory labour, and the elimination of occupational discrimination as well as the International Labour Organization's decent work agenda.

I mention this because earlier the member for Burnaby—New Westminster addressed some of those concerns that fall within the area of labour rights that again will require our own oversight and accountability in that regard.

I might add that similarly oversight will be required with respect to this particular frame of understandings and undertakings where under the heading of obligations with respect to the memorandum of agreement on labour cooperation between Canada and the Hashemite Kingdom of Jordan, the obligations include providing protections for occupational health and safety, acceptable minimum employment standards such as minimum wage and overtime pay, compensation for occupational illnesses or injuries and non-discrimination in respect of working conditions for migrant workers.

The labour agreement also provides for an open and robust complaint and dispute resolution process. As well, the labour agreement, if in fact the understanding and undertakings will be appropriately adhered to and with the necessary accountability that must be involved, could serve to enhance and maintain Canada's good reputation in Jordan at the same time as Canada promotes a high standard for the protection of workers' rights, and parenthetically I would add women's rights as well.

I would like to say, because sometimes reference has been made to the provincial and territorial implications or obligations in this regard, that it should be pointed out that the provinces and territories are not bound by the obligations of the labour agreement unless they choose to implement the agreement within their territory. Provinces and territories will be subject to dispute settlement including the imposition of monetary assessments only if they sign a declaration indicating their acceptance of these obligations.

Admittedly the labour agreement does commit Canada to use its efforts to persuade provinces and territories to agree to be added to the declaration, but in fact the provinces and territories do not themselves have to agree to do this.

Let me move more quickly now to a close and speak to the issue of the geopolitical front. Such a free trade agreement can promote and enhance better relations not only between Canada and the Hashemite Kingdom of Jordan in their bilateral economic relationship but also with Israel and the Palestinian authority.

There is, and it is not always appreciated, an intersecting and interlocking framework of agreement and set of economic relations in this regard among Canada, the Hashemite Kingdom of Jordan, the Palestinian Authority and Israel.

It may well be that those kinds of intersecting, interlocking relationships, which can include as well provisions for joint industrial parks and the like, can help presage the development of more mutually amicable political relationships, so that we do not only have a formal treaty with respect to the participating countries but we do enhance matters of the political, diplomatic and juridical as well as economic relationships.

On the bilateral front, this can enhance the development of Canada-Hashemite Kingdom of Jordan relationships which are deemed at this point to be excellent, but hopefully, as has been indicated by those involved in this and in my own discussions with the Hashemite Kingdom of Jordan leadership, this can presage developing cooperation in areas such as technology, law, education, nuclear, economic development and the like. These are areas that they have indicated to us are things where Canada can play a role in the enhancement of an overall bilateral relationship of which the Canada-Hashemite Kingdom of Jordan bilateral free trade agreement will be an important component, but it will be a kind of standing invitation for the enhancement of the relationship in a multiplicity of sectors such as I have referenced.

Finally, on the multilateral front, the preamble speaks also to the promotion and protection of democracy, human rights and cultural diversity, as well as of course for the protection of the environment and workers' rights in the side agreements.

We have an excellent agreement on paper. The question is, how does this agreement actually operate in practice? There is always a distinction between law on the books and law in action. There is a distinction between an agreement on the books and an agreement in action. What happens in fact to environmental protection on the ground? What happens in fact to workers' rights on the ground?

We can have comprehensive side agreements in matters of the environment, in matters of workers' rights, but what will be needed will be the necessary cooperation, involvement, oversight and accountability in that regard to ensure that that which is expected of this agreement, particularly in the areas of human rights and all its configurations, will in fact be secured, enhanced and protected by this agreement.

[Kevin Sorenson, Conservative, Crowfoot, AB]

Madam Speaker, mine may be more comments than actual questions, but I would start by saying this. In 1905-06 my grandfather moved here, broke the land, cleared the trees and, generally speaking, planted wheat. That was what was all across the Prairies of this country, wheat.

We live in an age where the farming industry is dependent on the pulse crops, beef, oats, barley, canola and every different type of peas there are. That is the background.

The next thing I want to say is that trade issues frustrate people. Right now we are hung up with what is happening at Doha. Will we see any movement at Doha? Will we see action with our trade agreements? It is frustrating to industry. It is frustrating to our economy.

One of the trademarks of our government, and it is one that personally I am very proud of, is that we have initiated many different agreements, five agreements with eight countries and we are negotiating 50 more. This means opportunities. It means opportunities for the forestry industry and for my agricultural industry.

I respect and very much appreciated the hon. member's speech, or this speech on trade, and one out of two is not bad today, but if I were to ask him one question, it would be, why is it that the other parties, both the Bloc Québécois and the New Democratic Party, do not support--

[The Acting Speaker, NDP, Denise Savoie]

The hon. member for Mount Royal has a minute to respond.

[Irwin Cotler, Liberal, Mount Royal, QC]

Madam Speaker, I cannot speak for the other parties. They represent their own positions in an informed and effective fashion, so I will leave them to speak for themselves. I can only speak with respect to my party and my own position on this.

As I said, I have had longstanding relationships with the leadership of the Hashemite Kingdom of Jordan in a number of the sectors to which I have alluded. In my view, this free trade agreement has the potential, as I said, to not only benefit the Canada-Hashemite Kingdom of Jordan bilateral relationship in economic terms but it has the potential to benefit it in a number of related sectors. I include the sectors of education, technology, co-operation, nuclear-related matters and the like.

I tried to signal a cautionary note that the concerns that were adduced in debate by my colleagues from the both the Bloc and the NDP invite us to ensure that the necessary oversight and accountability with respect to the concerns to which they alluded will in fact find expression.

[The Acting Speaker, NDP, Denise Savoie]

The hon. member will have approximately seven minutes remaining in questions and comments when this debate resumes.

It being 5:30 p.m., the House will now proceed to the consideration of private members' business as listed on today's order paper.