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 / 5:10 p.m.
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Fort McMurray—Athabasca Alberta

Conservative

Brian Jean ConservativeParliamentary Secretary to the Minister of Transport

Madam Speaker, could the member answer the following questions?

I understand in part what he is saying, but it does not seem to compute. Does he not see this as a good first step for the people of Panama and Canada? How does it help the people of Panama if we do not remove artificial barriers, if Canadians do not buy their products, if Panama is not able to sell its products here? How does it help the people of Canada if they do not have more choices, if they cannot buy more products and sell more products to Panama? I just do not understand how this does it. Could the member answer those questions?

Also, would he mind answering the question that is on the minds of most Canadians? New Democrats are using a type of technicality to thwart the democratic will of the people of Canada and the majority of members in the House. Could he answer why NDP members are so anti-democratic and why they do not want to help the people of Canada, farmers in particular, and the people of Panama?

Canada-Panama Free Trade ActGovernment Orders

October 20th, 2010 / 5:10 p.m.
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NDP

Tony Martin NDP Sault Ste. Marie, ON

Madam Speaker, does he not feel I have a democratic right to stand in this place and make my case on behalf of the people who elect me? If that is not democratic, then I guess we could have further discussion about that.

He asked a question about the people of Panama. Certainly the NDP has a concern and interest in the welfare and well-being of the people of Panama. However, if we simply enter into agreements with it on trade without insisting on strong regulation where human rights are concerned, for example, the government of Panama will think it is fine to continue with the track record that it has shown over the last number of years such as trade unionists being killed simply for exercising the democratic rights that we take for granted in Canada.

Canada-Panama Free Trade ActGovernment Orders

October 20th, 2010 / 5:15 p.m.
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NDP

Carol Hughes NDP Algoma—Manitoulin—Kapuskasing, ON

Madam Speaker, I am glad to join the debate on the Canada-Panama free trade agreement.

It is a bit of a shock to see yet another trade agreement, especially with a country that represents about only 1% of our trade, but I will add my 2¢ nonetheless.

What we are being asked to approve is another in an ever-growing line of NAFTA-style agreements. These are agreements that promote what many call the race to the bottom, agreements that seek a level playing field which we are well aware is level for some, like investors, and lopsided for the rest of those affected by them.

I am sure that most in this chamber are familiar with the concerns New Democrats have been raising about these kinds of agreements. We have been consistent in our criticism of agreements that make a mockery of environmental standards and labour practices; fail to protect or promote human rights; entrench poverty in already struggling populations, just like we see here in Canada where a quarter of a million seniors live in poverty; and ultimately lead to a siphoning off of Canadian jobs.

Many of my colleagues have raised these very points again and again. Yet, they seem to fall on deaf ears as the ideologically-driven right wing cements a world that is defined by haves and have nots.

From my perspective, this deal is flawed. We are being asked to cozy up to a country with a terrible record when it comes to labour standards and the rights of workers. This is a country that has new legislation restricting the right to strike and freedom of association. In this country, Panama, this past summer we saw several workers killed, over 100 injured and more than 300 arrested as they protested the legislation. Is that what our government hopes to promote with this deal?

It is truly a step backward from the rights and freedoms fought for and enjoyed by Canadian workers.

It is all the more disappointing that labour is dealt with as a side agreement. It would be refreshing to see an agreement come about where human rights and labour standards are the primary goal and investor rights are dealt with as an afterthought. However, I do not imagine we will be seeing that any time soon from the current government.

What we see here is another in a long line of measures from the current government, and its predecessors, that pays attention to the needs of banks and CEOs at the expense of everyday people.

The current government likes to say the economy is its number one priority. I say it is too bad Canadians were not its number one priority. If that were the case, our trade policy would take a different shape. We would not have thousands of forestry sector workers unemployed. We would not be fighting foreign ownerships to honour pensions people worked their entire lives for, just as we saw in the case of Vale Inco. And we certainly would not be debating endless trade agreements that are not beneficial to most Canadians.

Ultimately, with this agreement we see that again all the meaningful regulations protect investors. If the NAFTA example is any indication, we will watch as money flows out of Canada in chapter 11-type dispute settlement payments. And if recent history is any indication, the government will not even bother to defend Canada when the claims are made.

If we take a look at the side agreement on the environment, it has no teeth. It does not ensure that Canada or Panama will enforce their environmental laws and this is worth considering. We actually have trouble enforcing the current environmental laws we have in place here in Canada.

A good portion of our trade with Panama would be in agriculture. The agreement would remove tariffs. If Panama were to follow the example of Brazil, we would be seeing a significant growth in cattle farming. Panama has some of the most important rainforests on the planet. It is not unreasonable to suspect that this agreement could lead to the destruction of these important cloud forests so that we could have cheap leather and burgers. This is why an environmental side agreement with no real teeth is such a disappointing feature of this agreement.

I do not think it is possible to overstate the fact that Panama is a tax haven and is largely uncooperative with other countries that would like to repatriate missing money.

We have just seen the kind of money that could be hidden from our tax collectors as a result of leaked documents from Swiss HSBC accounts. Why would we pursue a trade agreement with a country as notorious for this as Panama? Not only are we charging ahead with a deal that will mostly benefit large investors, but we will not even be demanding an end to the tax havens they can use to further avoid contributing to our country. It is enough to make one's head spin.

As I said at the outset, this agreement is typically that of a race to the bottom mentality that really does not address the needs of the average person.

I will leave it there because I am sure there will be questions that will need to be answered and I can present more of my speech afterwards if need be.

Canada-Panama Free Trade ActGovernment Orders

October 20th, 2010 / 5:20 p.m.
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Fort McMurray—Athabasca Alberta

Conservative

Brian Jean ConservativeParliamentary Secretary to the Minister of Transport

Madam Speaker, I actually have the same questions for this member that I had for the last one because they simply were not answered. Again I ask, is this trade agreement not a great first step for the people of Panama, a great first step for their ability to have the things we enjoy here in Canada, the great employment rights that we have, the right to speak our minds, and to have the democratic right to vote?

In this place we all want to have an opportunity to vote on this piece of legislation, except for the NDP members, but they are trying to use some sneaky tactic that is allowed in this place, and I agree to it, but it quite frankly allows a very small minority in this place, a very small number of people who represent a small number of people in Canada, compared to the rest of us, to actually hold up a piece of legislation that would help the rights of people in Panama.

It will actually allow the products of our farmers to be sold in Panama and it will help Canadians, Canadian trade, and the people of Panama. Certainly, the influence Canada has in the world will assist us to trade with Panama and help the people there.

I wonder if the member might answer that question and why we cannot have the democratic right to vote today.

Canada-Panama Free Trade ActGovernment Orders

October 20th, 2010 / 5:20 p.m.
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NDP

Carol Hughes NDP Algoma—Manitoulin—Kapuskasing, ON

Madam Speaker, the hon. member said the questions are not being answered. I think he is just not listening to the answers.

Why would we want to take on trade deals with people who actually kill trade unionists, who kill their workers? This is basically the same type of labour cooperation agreement, without any vigorous enforcement mechanism, the same template, that was used in the Canada-Colombia agreement: kill a trade unionists and pay a fine.

In the Canada-Peru FTA as well, the labour side agreement does not deliver an effective mechanism for the protection of labour rights. Once we see that, we will be glad to support fair trade agreements.

Canada-Panama Free Trade ActGovernment Orders

October 20th, 2010 / 5:20 p.m.
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Liberal

Alan Tonks Liberal York South—Weston, ON

Madam Speaker, the--

Canada-Panama Free Trade ActGovernment Orders

October 20th, 2010 / 5:20 p.m.
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Some hon. members

Oh, oh!

Canada-Panama Free Trade ActGovernment Orders

October 20th, 2010 / 5:20 p.m.
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NDP

The Acting Speaker NDP Denise Savoie

Order, please. I would like to ask for a little bit of order in the House. This is a period of questions and comments and I would ask members to wait until they are recognized. The hon. member for York South—Weston.

Canada-Panama Free Trade ActGovernment Orders

October 20th, 2010 / 5:20 p.m.
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Liberal

Alan Tonks Liberal York South—Weston, ON

Madam Speaker, I am sure the House has no hesitation in supporting the spirit of what the member has laid out in terms of respect for human rights and in particular, the rights of trade unionists without being victimized. There is no argument with that.

However, when I was sitting on the natural resources committee, we listened to the forestry industry that she had cited and we had all kinds of representations before the committee that talked about the advancements that had been made by the Danes, who had taken a lesser quality fibre, had used innovation and developed new markets, and developed a very vibrant forestry sector.

The objective of these kinds of relationships is to have investment where investment is needed. Was that investment not needed in the forestry industry? I am not saying that this agreement will achieve all of that, but is it not a step in the direction to the transfers of capital and investing in Canadian industries and sectors, and reciprocally in Panamanian sectors that will benefit the have nots.

Canada-Panama Free Trade ActGovernment Orders

October 20th, 2010 / 5:25 p.m.
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NDP

Carol Hughes NDP Algoma—Manitoulin—Kapuskasing, ON

Madam Speaker, I greatly appreciate the comments my hon. colleague has made, but let us be clear here. If we look at northern Ontario, how many people have actually lost their jobs in the forestry sector? Has this actually been beneficial? We are looking at signing an agreement where Canadian and foreign corporations, who move to Panama, flout Canadian labour laws and pay their workers in Panama an average of $2 an hour. That is about $300 a month. Let us look at that in reality: no pensions, no benefits, no sick days.

Canadian law states that workers enjoy certain minimum workplace safety laws. Corporations in Panama do not have to do that at any cost. We are seeing people die. Let us really respect human rights.

Canada-Panama Free Trade ActGovernment Orders

October 20th, 2010 / 5:25 p.m.
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NDP

The Acting Speaker NDP Denise Savoie

Resuming debate. Is the House ready for the question?

Canada-Panama Free Trade ActGovernment Orders

October 20th, 2010 / 5:25 p.m.
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Some hon. members

Question.

Canada-Panama Free Trade ActGovernment Orders

October 20th, 2010 / 5:25 p.m.
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Conservative

Brian Jean Conservative Fort McMurray—Athabasca, AB

Madam Speaker, I rise on a point of order. I do have some points to make on this particular bill. Obviously, you saw me stand up several times asking questions--

Canada-Panama Free Trade ActGovernment Orders

October 20th, 2010 / 5:25 p.m.
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NDP

Carol Hughes NDP Algoma—Manitoulin—Kapuskasing, ON

No, you didn't. You never got up.

Canada-Panama Free Trade ActGovernment Orders

October 20th, 2010 / 5:25 p.m.
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Some hon. members

Oh, oh!