Canada-Panama Free Trade Act

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

This bill was last introduced in the 40th Parliament, 3rd Session, which ended in March 2011.

Sponsor

Peter Van Loan  Conservative

Status

Third reading (House), as of Feb. 7, 2011
(This bill did not become law.)

Summary

This is from the published bill. The Library of Parliament often publishes better independent summaries.

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 Panama and done at Ottawa on May 13 and 14, 2010.
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 agreements 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.
Part 3 of the enactment contains coordinating amendments and the coming into force provision.

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.

Votes

Feb. 7, 2011 Passed That Bill C-46, An Act to implement the Free Trade Agreement between Canada and the Republic of Panama, the Agreement on the Environment between Canada and the Republic of Panama and the Agreement on Labour Cooperation between Canada and the Republic of Panama, be concurred in at report stage.
Feb. 7, 2011 Failed That Bill C-46 be amended by deleting Clause 63.
Feb. 7, 2011 Failed That Bill C-46 be amended by deleting Clause 12.
Feb. 7, 2011 Failed That Bill C-46 be amended by deleting Clause 10.
Feb. 7, 2011 Failed That Bill C-46 be amended by deleting Clause 7.
Oct. 26, 2010 Passed That the Bill be now read a second time and referred to the Standing Committee on International Trade.
Oct. 26, 2010 Passed That this question be now put.
Oct. 20, 2010 Failed That the motion be amended by deleting all the words after the word "That" and substituting the following: “Bill C-46, An Act to implement the Free Trade Agreement between Canada and the Republic of Panama, the Agreement on the Environment between Canada and the Republic of Panama and the Agreement on Labour Cooperation between Canada and the Republic of Panama, be not now read a second time but that it be read a second time this day six months hence.”.

Canada-Panama Free Trade ActGovernment Orders

October 20th, 2010 / 4 p.m.
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NDP

Irene Mathyssen NDP London—Fanshawe, ON

Madam Speaker, I want to thank my colleague for his intervention in regard to this bill. We heard his comments in regard to the tax haven that Panama offers. Canadians are incensed by the fact that there are those who defraud the rest of us when they refuse to pay their taxes.

I wanted to ask him about the labour side deals. I have been looking at this agreement and there is, of course, a labour side deal. Unfortunately, it does not protect the men and women who work in this country or in Panama. Without real teeth in labour negotiations and deals, workers both here and in Panama are lost. They are going to be as victimized as the rest of Canadians who will never see those tax fraud artists brought to justice.

Canada-Panama Free Trade ActGovernment Orders

October 20th, 2010 / 4 p.m.
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Bloc

Mario Laframboise Bloc Argenteuil—Papineau—Mirabel, QC

Madam Speaker, my colleague is right. As I was telling her, it is even more unfortunate given that the Conservative government, supported by the Liberals, is trying to establish a new economy. It is trying to sell it to us as economic development. However, an entire sector of our traditional industry—I am referring to the forestry industry—has been left to fend for itself. I have trouble understanding that. I can understand that the Conservatives are trying to play politics with this, but I hope that the people will not be deceived.

Canada-Panama Free Trade ActGovernment Orders

October 20th, 2010 / 4 p.m.
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NDP

Jim Maloway NDP Elmwood—Transcona, MB

Madam Speaker, I am very pleased to speak to Bill C-46 today. It is certainly a bill I have been looking forward to speaking to for the last little while.

I enjoyed the two previous speakers. Certainly, the Bloc has put a lot of effort into dealing with the issue of tax havens. Clearly, that is a very important point to which we should have been paying attention in this country for many years already. It is extremely unfair to have corporations and individuals essentially hiding their money in foreign tax havens, basically to save taxes, but it is essentially robbing Canadian taxpayers and stealing from the Canadian public.

The tax dollars that are collected by the government are used to build infrastructure and provide services in this country. A lot of tax haven participants are people who take full advantage of our roads and medical system. Yet, they insist upon putting half a million dollars in a Swiss bank to try to hide income.

It is good to see that after all these years, at least two countries, France and Germany, are actually doing something about it. However, it took them forever, too, to get the ball rolling, and by the way, it had more to do with actually two disgruntled bank employees. The first bank employee worked for a Liechtenstein bank and when he left, he took his computer diskettes and actually sold them to the German government. The German government have chased down the German tax evaders and collected. I am not sure whether it is half a billion dollars, but quite a bit of money in back taxes.

The German government gave the information to the Canadian authorities two years ago. A small number of Canadians were involved, most of whom are from the beautiful province of British Columbia. Guess what? Revenue Canada offered an amnesty to these people. Why would we need an amnesty if we had the names of the tax evaders? I assume they are offering the amnesty because they want people to voluntarily walk in and declare their undeclared income.

Since then, another employee from the HSBC in Switzerland went on the run to France and he too carried a lot of information on maybe 5,000 taxpayers. I believe 160 of them are in Canada and their names have been turned over to Revenue Canada.

Now we have the Prime Minister going to Switzerland this week to talk to the Swiss prime minister to try to get more compliance from Switzerland. The French government did. The French government collected a list of, I believe, 18 tax havens around the world and decided to be proactive. Unlike Canada, which is totally reactive and acts as though we are surprised when something happens. We wish it would not happen because it causes us some inconvenience. The French government levied a tax of 50% proactively on dividends, interest, royalties and service fees paid by anyone based in France to a beneficiary based in the countries on its black list, which in this case included Panama.

Once this happened, it did not take long before some of the 350,000 corporations that are hiding assets in Panama, the French participants of the 350,000, started to get concerned and put pressure on Panama. They will have to take their money out of Panama. In view of that, the Panamanian government simply went cap in hand to France and asked to be removed from the list because it is bad for business, and Panama agreed to sign the taxation avoidance treaty with France.

It signed the double taxation avoidance treaty with France and now there are eight countries that have negotiated tax agreements with Panama.

However, it was not done by coercion. France did it by getting tough on Panama. It got it by taxing its own corporations who were actively doing business in Panama. That is how France got results.

Panama ratified its agreement with Mexico on June 21. I believe the agreement with Barbados is being signed. It has also reached agreements with Italy, Belgium, the Netherlands, Qatar and Spain, but that is it.

Did we see Canada on this list? Absolutely not. What is Canada doing that the other countries are not doing? Canada is going further. Canada has a free trade deal. Canada is proposing ratification and implementation of a free trade deal with the very country that is a haven for some of our taxpayers. This is a perfect opportunity to follow in France's footsteps and these other eight countries, and demand that before we implement anything, before we pass anything in the House, that we get Panama's agreement on these taxation avoidance treaties.

Once we implement the agreement, once we pass it through the House, what is the incentive for Panama to do anything? There is absolutely none.

We should be proactive as the French were, as the Germans were. When the Prime Minister gets back from Switzerland talking to the Swiss prime minister should get on a plane and visit the Panamanian president, and demand that he sign the double taxation avoidance treaty with Canada, so that we can be number nine. Only when he has done that, then we should be looking at proceeding further, but not putting the cart in front of the horse which is what we are doing.

This is a government that talks about being tough on crime. The government is soft on crime.

We have mentioned many times that the number of white collar criminals put in jail in the United States is 1,200. The number in Canada is one, two convictions both against the same person.

The Americans feel their system is not tough enough and they want to get tougher. They are recalibrating, recalculating and reregulating the whole financial services industry.

Let us look at what the United States is doing in this case. The United States is dealing with a Panama treaty as well. Guess what? Fifty-four congressmen have demanded that President Obama forgo the agreement with Panama until Panama signs the tax information exchange treaties, so we have activity going on there.

I do not know if anyone has mentioned the situation with AIG. AIG, the House will recall, received huge bailout money from the American taxpayers only two years ago. Guess what? It is one of the 350,000 foreign registered companies operating in Panama and it is suing U.S. authorities right now to keep, I believe, $306 million in back taxes that it wants to hold back on because it has been using the Panamanian tax haven. Is that not sweet? The taxpayers bailed it out in its time of need with huge amounts of money. The next year it turned around and rewarded itself by giving employees huge bonuses and now it is suing the taxpayers to keep its ill-gotten gains through tax havens like Panama.

These are the types of companies that we are dealing with. We have to get tough with them. It is about time the Prime Minister started doing something, rather than just pretending that he is tough on crime. He is soft on white collar crime.

Canada-Panama Free Trade ActGovernment Orders

October 20th, 2010 / 4:10 p.m.
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NDP

Irene Mathyssen NDP London—Fanshawe, ON

Madam Speaker, I wonder if my colleague could expand on his discussion in regard to the tax haven and the fact that companies and individuals are dumping money in tax havens.

I wonder if he could also address to what is happening to union workers on the ground. I note that in July there was a new wave of anti-union repression in Panama, resulting in several workers being killed. Over 100 were injured and 300 arrested, including the leaders of SUNTRACS and the CONATO trade union.

My colleague has a great interest in the rights of workers in Canada and abroad. I would like to hear his thoughts in regard to this kind of overt violence against men and women who are simply seeking fair compensation for their work or the ability, I think more accurately, to fend for themselves and their families.

Canada-Panama Free Trade ActGovernment Orders

October 20th, 2010 / 4:10 p.m.
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NDP

Jim Maloway NDP Elmwood—Transcona, MB

Madam Speaker, the member is absolutely correct. There has been a new wave of anti-union repression in Panama. This is hardly a good time to be implementing a free trade deal when a situation like that is developing in that country. Several workers were killed. Over 100 were injured and over 300 were arrested, including leaders of the trade unions.

We are considering this at a time when trade with Panama is actually very small. We only have $132 million in trade with Panama. Even if we were not to proceed with a free trade deal, this trade would not go away. There has been some suggestion on the part of the government that somehow if we do not sign a free trade deal with Panama or any other country that we will stop trading with them. That is not going to happen. There has been trade with Panama for many years and we will continue to trade with Panama for many years with or without the free trade deal.

Let us not put the cart in front of the horse. Let us get the tax avoidance agreement signed with Panama while we still have some clout. Eight other countries have signed agreements, including France. France received compliance from Panama. Why can we not do the same thing? I would ask the Prime Minister to pause a bit, to follow in France's footsteps, and maybe in the whole area of tax havens.

I want to ask the government about its arrears situation in GST and income tax, corporate taxes, and other kinds of taxes that it may be a little slow to collect from some people. The fact of the matter is that the government could collect a lot of this money if it followed what France did when it formulated its black list.

Canada-Panama Free Trade ActGovernment Orders

October 20th, 2010 / 4:15 p.m.
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NDP

Irene Mathyssen NDP London—Fanshawe, ON

Madam Speaker, the discussion in regard to the fact that money is not being collected leads me to a question that pertains more to Canada's reality. My esteemed colleague has indicated he has questions for our government with regard to tax evasion here.

More specifically, I read in the paper today that the government has determined that $33 million is owed in terms of unpaid taxes and suspect it is far more, yet the government is laying off 500 civil servants, many of them at the Canada Revenue Agency. We know that for every $1 invested in a worker at CRA, $5 is recouped in terms of revenue. I wonder if my colleague would comment on that.

Canada-Panama Free Trade ActGovernment Orders

October 20th, 2010 / 4:15 p.m.
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NDP

Jim Maloway NDP Elmwood—Transcona, MB

Madam Speaker, the member is correct. The fact of the matter is that tax evasion has been a big problem for many years. We cannot provide services and infrastructure to the taxpayers and the citizens of Canada if we allow corporations and wealthy individuals to simply take their money offshore. As long as tax havens are available, people and corporations will gravitate toward those tax havens. It has to be a concerted international effort to shut these places down.

Canada-Panama Free Trade ActGovernment Orders

October 20th, 2010 / 4:15 p.m.
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NDP

Jean Crowder NDP Nanaimo—Cowichan, BC

Madam Speaker, I want to thank the member for Elmwood—Transcona and especially the member for Burnaby—New Westminster for outlining some of the key concerns that New Democrats have with Bill C-46.

Some of us have ridings that have been impacted by trade deals or agreements that have seriously affected the ability of people in our ridings to make a living. I just have to point to the softwood lumber agreement. My riding of Nanaimo—Cowichan is still feeling the effects of that agreement. It was supposedly going to be great and resolve all kinds of issues. In fact, it has meant that we continue to ship jobs south. People in my riding are certainly very concerned about this move toward the kinds of trade agreements that simply do not benefit Canadians.

We have often heard from the other side of the House that New Democrats are opposed to trade and that is absolutely not true.

Canada-Panama Free Trade ActGovernment Orders

October 20th, 2010 / 4:15 p.m.
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Ed Fast

When is the last time you voted for a free trade agreement?

Canada-Panama Free Trade ActGovernment Orders

October 20th, 2010 / 4:15 p.m.
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NDP

Jean Crowder NDP Nanaimo—Cowichan, BC

What New Democrats feel is really important is that it is incumbent upon us as legislators to perform the due diligence, to examine those kinds of trade agreements to ensure that—

Canada-Panama Free Trade ActGovernment Orders

October 20th, 2010 / 4:15 p.m.
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Some hon. members

Oh, oh!

Canada-Panama Free Trade ActGovernment Orders

October 20th, 2010 / 4:20 p.m.
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NDP

The Acting Speaker NDP Denise Savoie

Order, please.

The hon. member for Nanaimo—Cowichan.

Canada-Panama Free Trade ActGovernment Orders

October 20th, 2010 / 4:20 p.m.
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NDP

Jean Crowder NDP Nanaimo—Cowichan, BC

Madam Speaker, we need to ensure that they are of benefit to Canadian citizens.

A member across is asking when is the last time a New Democrat agreed to a trade agreement. We have not because we do not see a benefit to Canadians. Often we are accused of just opposing things. We have actually had some proposals about what trade agreements should look like. New Democrats talk about fair trade, not free trade. I want to talk about a couple of those elements, because they are absent from this agreement.

New Democrats believe that a trade policy should be based on the principles of fair, sustainable and equitable trade. Equitable trade is an important aspect of any agreement.

We also believe there are a number of overall strategies that should be in place when we are looking at trade agreements. These include a comprehensive, common-sense impact assessment on all international agreements which demonstrates that trade deals that Canada negotiates are beneficial to Canadian families, workers and industries. The government should not sign any trade agreement that would lead to a net job loss. I referenced the softwood lumber agreement earlier and the impact that has had on jobs in our communities from coast to coast to coast.

Trade agreements that Canada negotiates should support Canada's sovereignty and freedom to chart its own policy, support our ability to be a competitive force on the world stage, and support the principles of a multilateral, fair trade system. Of course with these trade agreements and what is happening with foreign takeovers of our industries, that kind of impact assessment simply is not happening, especially around the issue of sovereignty.

A fundamental principle that all trade agreements must promote is the protection of human rights by prohibiting the import, export or sale in Canada of any product that is deemed to have been created under sweatshop conditions, forced labour or other conditions that are not in accordance with fundamental international labour standards and human rights.

Another fundamental principle is that all trade agreements should respect sustainable development and the integrity of all ecosystems.

There are other elements that we propose are important to any fair trade agreement. We simply find that the agreements that come before the House do not include those elements.

This Panama bilateral free trade agreement has four components: free market access in goods and services, investment protection, labour protection and an agreement on the environment. The labour protection agreement and the agreement on the environment are side agreements. They are not even incorporated into the trade agreement.

I want to touch on three aspects of this because I only have a brief period of time.

Regarding labour co-operation, we have seen this in other agreements. Under the Colombia free trade agreement, we saw what was being characterized as pay a fine, kill a trade unionist. In Colombia, we have certainly seen continuing violence against trade union members.

When we look at the Panama free trade agreement, we see that it is going to make it easier for Canadian and foreign corporations to flout Canadian labour laws, to pay their workers in Panama an average wage of about $2 an hour, and not have to pay for pension or sick leave benefits.

In Canada, we have laws that protect workers. We have some minimum standards. I think many of us are concerned about the erosion of some of those standards. We only need to look at what is happening with private sector pensions in Canada, but workers in Panama simply do not have access to the same level of benefits as in Canada, nor is there anything in this agreement that would ensure that workers in Panama would not be subjected to conditions that we would simply find intolerable here.

The labour co-operation agreement within the Panama free trade agreement does not have any vigorous enforcement mechanisms. As I mentioned, this is a very similar template to what was used in the Colombia free trade agreement. Because there are not these kinds of protections, that should be of concern to this House. In the Colombia free trade agreement, there had been a recommendation made for a full study on any kind of human rights violations before we proceeded with that agreement, and that did not happen.

It is the same thing with the side agreement on the environment. It has no effective mechanism to force Canada or Panama to respect environmental rights. The agreement commits both countries to pursue environmental co-operation and to work to improve their environmental laws and policies, but it can only ask both parties to enforce their domestic laws, and if they do so, there are very few remedies if they violate their own laws.

I would argue that what we have here is an agreement which, if Canadians truly understood both the labour and the environmental aspects of it, they would be saying not to sign onto it.

A number of other members have touched on the issue of tax havens. I am going to raise that issue as well because the government says it is going to crack down on tax havens and yet we are signing onto a free trade agreement with a country that has a notorious reputation for being a tax haven. I want to touch on a couple of aspects around tax havens and the investor portion of it.

The trade deal does not provide investors or labour with a level playing field. While under chapter 11 investors have the right to seek binding arbitration, they can pursue independently a trade union in Panama that does not get to pursue a case to arbitration. They can file a complaint that would lead to an investigation report, but it is up to the government to seek remedies and damages. I mention that because chapter 11 has been a serious problem for us and we feel that this is another way of simply brushing some of the issues under the carpet.

Other members have talked about the opposition in the United States to this free trade agreement. When members of the U.S. Congress speak out quite vocally, it is important for us to pay attention.

In a letter signed by two members of Congress in April 2009, they indicated that Panama's industrial policy is premised on obtaining a comparative advantage by banning taxation of foreign corporations, hiding tax liabilities and transactions behind banking secrecy rules and the ease with which U.S. and other firms can create unregulated subsidiaries.

According to the state department, Panama has over 350,000 foreign registered companies. We can almost guarantee that those are shells that allow the flow-through of money to avoid taxation in the countries where those companies actually operate. The member for Elmwood—Transcona mentioned that AIG is very keen on these tax havens in Panama, and we heard about the court cases and whatnot that are unfolding.

An article on the Dow Jones Newswires says that tax haven questions could trip up the Panama trade pact. It says that the OECD, the Organisation for Economic Co-operation and Development, listed Panama as one of the 30 tax haven jurisdictions that have committed to international standards on bank secrecy but have not yet substantially implemented those standards. The member for Elmwood—Transcona mentioned that there are eight countries that now have agreements with Panama. But, as usual, the devil is in the details.

With its track record, its history of secrecy, its unwillingness to supply information, one would wonder why at this point we would be willing to sign an agreement without some of those guarantees, some of that transparency and accountability that the Conservative government always references being in place to protect Canadians and Canadian companies.

New Democrats will be opposing Bill C-46, and I think with very good reason. We encourage other members in the House to take a close look at some of the flaws in this agreement.

Canada-Panama Free Trade ActGovernment Orders

October 20th, 2010 / 4:25 p.m.
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NDP

Nathan Cullen NDP Skeena—Bulkley Valley, BC

Madam Speaker, my colleague from Nanaimo—Cowichan packed a lot into a short amount of time and pointed out some of the ideological flaws that exist. I want to ask her about a specific one.

She talked about the tax havens. I would like her to bring this home to what the impact on average Canadians might be if this trade agreement were to go ahead, if Panama were to maintain these shell corporations that evade taxes here in Canada while making their profits here in Canada and other countries. What would be the implications for working Canadians, for governments and for our economy to sign a so-called deal with the devil, as they say, sign a deal with a party that is a known violator of international tax laws and the trade deal does little or nothing to correct that? What would be the impact on Canadian families if Canada were to go ahead with this flawed agreement?

Canada-Panama Free Trade ActGovernment Orders

October 20th, 2010 / 4:25 p.m.
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NDP

Jean Crowder NDP Nanaimo—Cowichan, BC

Madam Speaker, one of the things that often gets lost in these conversations is what it is our taxes pay for. Not only do Canadian families benefit from taxes that are paid in this country, whether it is good schools, education, health care or roads, the TransCanada Highway, but corporations also benefit from taxes that are paid in this country.

When corporations pay their fair share of taxes in this country, they get an educated workforce. They get people who go to kindergarten through grade 12, graduate and go on to universities, which are also publicly supported. They get access to workers who have access to a publicly funded, publicly delivered health care system. They get access to the roads and, let us face it, municipal infrastructure which is also supported through federal tax dollars with various agreements that are put in place.

We need to turn this conversation around and talk about the corporations that are avoiding their responsibilities, getting a free ride in Canada by getting access to benefits that the rest of Canadians are paying for through their tax dollars and they are not contributing their fair share to the upkeep and maintenance of our infrastructure. We need to be putting hard questions to those corporations that are evading their tax responsibilities in this country.