Bill C-2 (Historical)

Canada-Colombia Free Trade Agreement Implementation Act

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

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

Canada-Colombia Free Trade Agreement Implementation Act

[Rob Oliphant, Liberal, Don Valley West, ON]

Mr. Speaker, I will be looking for a variety of witnesses. They should come from third party, outside international multilateral bodies, the United Nations High Commissioner for Human Rights, for instance, that look at those kinds of questions. There should be a variety of Colombian voices and perhaps some from its neighbours as well. There would need to be voices from labour unions, from other NGOs, from the churches, the evangelical churches and the Roman Catholic church as well.

Human Rights Watch has been to my office in Toronto. It has expressed strong concerns about this agreement to me. I would hope that Human Rights Watch and some of the Canadians who have monitored elections would be brought in. I have some names of people who were involved in the last election monitoring endeavour. I think there are some very carefully worded questions that should be answered. Their answers would be weighed. We would weigh what they said, recognizing that everyone has a degree of self-interest in the answers given to these questions.

I trust the committee members in listening to the answers to their questions will give some thought to whether not having a free trade agreement would help or hurt human rights, more than having a free trade agreement would help or hurt human rights.

Decisions regarding helping or hurting a country are important to discuss.

[Jim Maloway, NDP, Elmwood—Transcona, MB]

Mr. Speaker, we were concerned in the House about the Liberal flip-flop on this particular issue. Two years ago the member and the Liberal Party appeared before the Standing Committee on International Trade. At that time they were supporting an impartial human rights assessment. There is nothing wrong with that. As a matter of fact, that is the proper way to approach this issue. Trade with Colombia continues with or without this agreement. That is where the Liberals were under their previous leader and their previous critic.

Then there was a coup in the Liberal Party. A new leader and a new critic took over and all of a sudden, the Liberals have moved to the extreme right. They flipped overnight. Now they are in lockstep with the Conservatives. However, those members who were for the independent human rights assessment are still sitting there and are now being forced by their new leader to get onside with the Conservatives.

I am just asking the member how he can feel comfortable with flip-flopping so fast on this issue.

[Rob Oliphant, Liberal, Don Valley West, ON]

Mr. Speaker, I am happy to respond, because I do not see any flip-flop here. I see an evolution of thought and ideas and an improvement on the government's plan.

Our leader is an internationally recognized and renowned expert in international human rights. He has written extensively, travelled extensively, discussed extensively and is quoted extensively on international human rights. He is bringing to bear the thought that an annual examination of human rights as embedded in this new treaty as it will be amended would be far more effective than any idea the New Democratic Party could ever come up with.

The reality is we are putting right in the heart of this agreement the requirement that we as a government and as a Parliament engage in constant, ongoing evaluation of human rights so that we will see whether this agreement is helping or hurting the people.

[Francine Lalonde, Bloc, La Pointe-de-l'Île, QC]

Mr. Speaker, I must say that I have been dying to speak. I am shocked by the comments I have just heard about free trade promoting human rights, and by the Liberal flip-flop on the free trade agreement.

I would like to take a quick look at the past. I remember the reaction in Canada when Brian Mulroney negotiated a free trade agreement between Canada and the United States. Canada did not want a free trade agreement at all, but Quebec wanted one because it was good for Quebeckers. In the end, with the help of Quebec, Mulroney won the election, and he negotiated a free trade agreement with the United States.

Then, Jean Chrétien took power. He promised to do all he could to put an end to the free trade agreement. What did he do? He not only failed to put an end to it, but he also went on to become the greatest proponent of free trade agreements that I have ever seen. This comment was in response to the Liberal flip-flop.

As for human rights, I would like to hear how a free trade agreement could promote human rights. I have heard in this House, from very well-meaning people, that Bill C-2—

[Some hon. members]

Oh, oh!

[Francine Lalonde, Bloc, La Pointe-de-l'Île, QC]

Mr. Speaker, am I out of order?

[The Deputy Speaker, Andrew Scheer]

The hon. member asked me if you were giving your speech or making a comment. I said that you were giving your speech.

[Francine Lalonde, Bloc, La Pointe-de-l'Île, QC]

Mr. Speaker, I said that I was very anxious to speak. I will continue to talk about the general principle of human rights and free trade agreements.

Free trade agreements are signed with an economic goal in mind and they must result in benefits. The free trade agreement with Colombia will essentially favour two groups: mining companies, which, through government help, will have access to Colombian subsoil and the Colombian government, which will receive taxes and so on from these mining companies. Why would they think that Colombians, that everyday people in Colombia, could benefit from this free trade agreement?

They can say that they are concurrently negotiating a human rights agreement. However, negotiating an agreement and taking concrete action to improve the human rights situation are two completely different things.

I was involved in the union movement for a number of years and, like my colleague, I am interested in the social aspects of what is happening in my riding. It is the balance of power that drives the relationship between the workers and the employers. If there is no local balance of power, there needs to be a national or regional balance. If that balance does not exist, the human rights situation will not improve and there will be no unions or laws to protect workers.

I am truly dumbfounded by the debate on this bill. My colleague said that farmers from out west could sell their products—wheat, oats or barley—to Colombia. If Canada were to do that, it should be because Colombians are not able to grow these grains to feed themselves. But, this is supposedly their primary resource.

What will Colombians gain from this agreement? Some might ask me why the government signed this agreement. It signed it because it thought it was in its own best interests and it did not need people's support. Everything I have read clearly shows that the mining companies are the ones who will benefit. They can move in and have, what I believe, is the other kind of free trade agreement.

First there was the FTA, even though the rest of Canada did not want it and had it imposed on them. Nevertheless, that agreement did not affect trade between states. Why not? Because no one could file a complaint without going through the state.

In the Canada-Colombia free trade agreement, which has support from both sides of the House, it is not the state that can lodge a complaint if there is a problem in a mine, but rather the company. The fact that companies can lodge international complaints directly against Colombia without Canada's consent is something new.

When two states have a relationship, they can negotiate to find a balance, but in this case, no one is trying to achieve such a balance.

A company might have expected to make a profit by setting up in a given location because it wanted to use the water from a river, for instance. If it cannot use the river because it is drying up or because farmers are forcing it out, that company could sue Colombia—according to the bill—for the profits it is losing. It makes no sense.

People are saying they want to help Colombia, but this will not help that country.

I invite my hon. colleges who are standing with their parties to take a close look at the balance of power underlying this agreement. It is not about trying to improve things through trade across borders that is beneficial to both parties, even though a free trade agreement normally tries to improve the situation for both parties.

I will close by saying that I read in the report that the Standing Committee on International Trade has expressed countless reservations about this free trade agreement, that it even went to Colombia and unfortunately learned that the government had proposed this free trade agreement before the committee could make any recommendations.

As the members have probably guessed, I do not support the bill.

[Jim Maloway, NDP, Elmwood—Transcona, MB]

Mr. Speaker, I agree with the member. She made an excellent presentation. Obviously, the happiest ones in this country right now are the mining companies. They probably had a pretty easy job of getting to the leadership of the Liberal Party to have it flip to where it is now, joined up with the Conservatives on this issue.

It has been a big gift for the Conservatives, because something is being done here that they could not get done on their own. They are in a minority situation and will never get a majority government. They could try to pass this agreement as often as they want, but they would never get it through the House. That was a stroke of luck for them.

The mining companies probably put pressure on the Liberals. It did not take much to pressure the new Liberal leader to get in line with the corporate agenda. Now we find all the Liberals happily jumping in line behind their leader, except the member for Mississauga South and a couple of other members over there who are still reluctant to go down that route.

I want to ask the member if she would like to make any further comments about that, because I think she really is on the right track.

[Francine Lalonde, Bloc, La Pointe-de-l'Île, QC]

Mr. Speaker, I think that I am on the right track. Take NAFTA, for example. That free trade agreement also has a chapter 11 like the one in the bill before us. NAFTA also includes Mexico. I went to Mexico and, except for those who produce fruit, which sells very well in the United States, a lot of people had a lot to say about how other parts of Mexico are against NAFTA. They would like to renegotiate a better deal for themselves.

I think that is the principle. Both parties have to benefit.

[Ed Fast, Conservative, Abbotsford, BC]

Mr. Speaker, I profoundly disagree with the member. Canada is one of the great trading nations of the world. She of all people should understand that not only all Canadians but the province of Quebec benefit from robust trade with countries around the world.

She must be aware, or certainly should be aware, that back in the 1970s, Chile had perhaps the worst human rights record in the world, certainly in the Americas. Today its human rights regime is very robust. In fact, it has the lowest murder rate of all of Latin America. Its economy is doing well. Its banking system, I believe, is the fourth strongest in the world.

Why is that? It is because 13 years ago Canada engaged with Chile and entered into a free trade agreement. It was the right thing to do because when countries that are in the process of moving toward better human rights regimes and are engaged with countries that already have a long history of defending human rights, they do well and they improve that system of human rights.

Has my colleague looked at Chile, which is also part of Latin America, as an example that her party should be looking at to take a positive position on this free trade agreement between Colombia and Canada?

[Francine Lalonde, Bloc, La Pointe-de-l'Île, QC]

Mr. Speaker, I have not checked recently, but it seems that the situation in Chile has improved significantly because of the educated middle class. Chile has had many years to create its own development tools.

A free trade agreement alone cannot develop an economy if local political, economic and social leaders do not create the tools to develop the economy and improve things for the country.

I will look at what has happened recently, but I am sure that development in Chile came about because of what I would call internal factors.

[Dean Allison, Conservative, Niagara West—Glanbrook, ON]

Mr. Speaker, it is a great pleasure to speak in the House today to the Canada-Colombia free trade agreement and the parallel agreements on labour and the environment. This agreement is an important part of our government's ambitious free trade agenda, as well as Canada's deepening engagement in the Americas.

As an export-driven economy, it is in Canada's best economic interest to open up as many foreign markets as possible for our producers and our exporters. By increasing access to foreign markets for Canadian businesses, we can foster economic growth and create new jobs for Canadian workers, which is crucial in these difficult economic times. That is why this government is actively engaging in numerous free trade agreement negotiations in this region and elsewhere in order to build on Canada's already existing network of trade agreements.

Since 2006, the Government of Canada has achieved a forward-looking track in international trade. We are engaged in talks on an economic partnership agreement with India, one of the fastest growing economies in the world. We have opened up new trade offices in critical global markets, such as China, India and Brazil, to help Canadian companies and investors deepen their engagement in these countries, as well as five new trade offices within Canada to work with companies locally.

Since 2006, we have signed bilateral science and technology agreements with both China and Brazil. We have also signed a trade co-operation agreement with the United Arab Emirates.

Today, Canadians reap the benefits from several long-standing free trade agreements in force, notably the North American free trade agreement with the United States and Mexico and separate bilateral agreements with Chile, Costa Rica and Israel.

More recently, on July 1, 2009, a free trade agreement with the European Free Trade Association countries of Norway, Iceland, Switzerland and Liechtenstein came into force. This agreement is notable for being the first free trade agreement that Canada has conducted with European countries. More important, however, this agreement increases the market access for Canadian exporters to the lucrative and sophisticated European markets. Through this deal, Canadian businesses gained immediate benefits through the elimination of duties on all Canadian non-agricultural merchandise. Tariffs were eliminated or reduced on selected Canadian agricultural exports, such as durum wheat, frozen french fries, beer and crude canola oil. However, this reduction in tariffs is not the only benefit of this agreement. Thanks to this deal, Canadian companies can now access innovative technologies and other inputs from these European markets at lower costs, including through the importation of machinery and scientific and precision instruments.

However, the agreement with the European Free Trade Association is not the only recent trade agreement that Canada has implemented. On August 1, 2009, the Canada-Peru free trade agreement, along with agreements on labour co-operation and the environment, came into force. The free trade agreement with Peru contains considerable benefits for Canada. For instance, Canadian producers immediately benefited from the elimination of tariffs on 95% of current Canadian exports to Peru, with most remaining tariffs to be eliminated over a period of five to ten years.

Products that received immediate duty free access to Peru include wheat, barley, lentils, peas and selected boneless beef cuts, a variety of paper products and machinery and equipment. Canadian businesses also received improved market access in other sectors of the Peruvian economy, such as mining, energy and professional services, as well as banking, insurance and securities.

This government is continuing to pursue ambitious trade agreements with others as well. That is why, on March 24 this government tabled implementing legislation for the Canada-Jordan free trade agreement along with parallel agreements on labour co-operation and the environment. Through this goods-only agreement, Canadian businesses will have improved market access to Middle Eastern countries. In particular, once the Canada-Jordan free trade agreement comes into force, tariffs on over 99% of recent Canadian exports to Jordan will be eliminated.

Key Canadian sectors that will benefit from this immediate duty-free access include forestry, manufacturing and agriculture and agri-food, sectors in which Canadian companies are global leaders. Given these benefits to the Canadian economy, this government is working toward the implementation of the Canada-Jordan free trade agreement as soon as possible.

This government's free trade agenda, however, does not stop there. On August 11, 2009, the Prime Minister announced the conclusion of negotiations of the Canada-Panama free trade agreement, as well as parallel agreements on labour co-operation and the environment.

These agreements, which are currently undergoing legal review, are another important pillar of this government's plan to increase market access for Canadian exporters. Once enforced, the Canada-Panama free trade agreement will improve market access for goods and services and provide a stable and predictable environment for investments in Panama.

In the meantime, while this House debates the Colombia and Jordan free trade agreements and while the agreement with Panama is undergoing legal review, this government is working on numerous other fronts to conclude additional trade agreements.

That is why at the Canada-European Union Summit in May 2009 this government launched negotiations toward a comprehensive economic and trade agreement with the European Union. A third round of talks with the European Union are taking place this week. These negotiations not only enjoy wide support among the private sector on both sides of the Atlantic, but the provinces and the territories are involved at a unprecedented level in these negotiations.

Meanwhile, negotiations with the Caribbean community are also progressing. The second round of negotiations between Canada and the Caribbean officials took place a few weeks ago.

Canadian officials also held a negotiating round last month with their counterparts from Central America as part of the ongoing negotiations between Canada and the four Central American countries of Guatemala, Honduras, Nicaragua and El Salvador.

This government remains dedicated to advancing our ongoing free trade negotiation with other partners, including South Korea, Singapore and the Dominican Republic, as well as seeking ambitious opportunities elsewhere.

For instance, Canada has started exploring deeper trade ties with India. To this end, in November 2009, Canada and India agreed to establish a joint study group to look at key sectors of interest and the possible parameters of a comprehensive trade agreement. The first meeting of this joint study group took place in Delhi this past December, and officials from both sides are currently working to complete the study.

Canada is also currently involved in technical discussions with Japan.

What does an active trade agenda really mean for Canada? To put it in straightforward terms, by bringing down barriers to trade and investment, the government will help Canadian businesses compete in an ever more competitive world while also stimulating the Canadian economy.

This is where the Canada-Colombia free trade agreement plays an important role. Once implemented, this agreement will reduce tariffs for Canadian producers who want to export to Colombia, as well as expanding opportunities for Canadian investors and service providers. This agreement will also help Colombia build a more prosperous, equitable and secure democracy, a democracy that can contribute to growth and economic stability in the region.

In these difficult economic times, we cannot hide behind trade barriers. Protectionism is not the answer. Partnerships are. Canadians can count on this government to lead efforts in securing foreign markets for Canadian businesses and take every opportunity to oppose protectionism and defend free and open trade on the world stage.

I will make it clear once more. Since we took office, we have conducted 14 ministerial visits to China, including recent visits in April 2009 by the Ministers of Trade, Finance and Foreign Affairs. We have made significant investments to develop the Asia-Pacific gateway, a corridor initiative to make it easier for goods to flow between Canada and Asia, by spending over $2.5 billion.

Our government has opened six new trade offices in Chinese cities to attract trade and investment to Canada. This will help Canadian businesses reach the Chinese market.

Our government also recently opened three new trade offices in India, bringing the total to eight, and making our network in India one of Canada's largest world wide.

Our government continues to expand Canada's trade network around the world. We have begun discussions for trade agreements with the European Union and India. We have completed new free trade agreements. We have more on the way with countries such as Morocco and Ukraine.

This is why I ask for the support of all hon. members for the Canada-Colombia free trade agreement. Let us stand up for Canadian workers. Let us stand up for freer trade and increased competitiveness. Canadians expect it and our government will continue to deliver it.

[Jim Maloway, NDP, Elmwood—Transcona, MB]

Mr. Speaker, I have an issue with the previous Conservative member who spoke. The previous speaker suggested that Pinochet's human rights record was bad and that the free trade agreement with Chile basically improved the human rights record in Chile.

That is absolute nonsense. I was an election observer in Chile in 1989 when Pinochet lost the referendum and again in 1990 when they had an election to elect a new president. Patricio Aylwin was elected as the president and he restored the democratic state that had been there up until Salvador Allende's time when he was overthrown in 1973. It was seven years and two elections before democracy was re-established and the free trade agreement was signed. It had absolutely nothing whatsoever to do with any improvement in Chile's human rights record. It was a totally separate issue.

[Dean Allison, Conservative, Niagara West—Glanbrook, ON]

Mr. Speaker, I think what is absurd is thinking that if we isolate countries and we are not prepared to trade with them or help them find their way out of some of these difficult internal situations, they will just evolve. Somehow by our isolating the countries that do not have options, that depend on drugs and on a whole bunch of other factors, all of a sudden they will be able to find democracy on their own. I think that one of the unique things we are able to do is to come in with labour and environmental agreements that are some of the strongest and toughest in the world. What we are trying to do is provide them other opportunities so they do not have to depend on the drug trade.

Quite frankly, I believe that if we could continue to show countries that need support that there are other options, that they could continue, they could become competitive, they could learn to sell goods, they would look at other ways democracy can be done. I believe this is one of the ways we could help these countries out of some of their current situations.