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.

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.”.

Business of the HouseOral Questions

March 3rd, 2011 / 3:05 p.m.


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Ottawa West—Nepean Ontario

Conservative

John Baird ConservativeLeader of the Government in the House of Commons

Mr. Speaker, before I respond to the member's question, I would like to, on behalf of the government, add my voice to the voices of the member for Toronto Centre and the member for Winnipeg Centre who spoke about the passing of a distinguished member of the parliamentary press gallery, Jim Travers of The Toronto Star. He was a long-time member of the parliamentary press gallery and a former editor of the Ottawa Citizen. Jim would have been just 63 years old next month. His passing in the hospital was completely shocking and unexpected.

Jim was a top national journalist and a columnist who never was afraid to make his views known on the printed page and on the airwaves as a frequent guest on panel shows and talk radio. He was a passionate Canadian. He loved this country and he was incredibly committed to his craft. Canada has certainly lost a legend.

On behalf of all of us in this place, I offer our sincere condolences to Jim's wife Joan, his sons Patrick and Ben, and to the rest of his family and friends, and his colleagues especially from The Toronto Star who, I know, are deeply saddened by this loss, and, indeed, all of his colleagues in the parliamentary press gallery at this very difficult time. The thoughts and prayers of all Canadians are with Jim's family and many friends.

In terms of parliamentary business for the coming week, today we will continue debate on the NDP opposition motion. I thank my NDP counterpart, the member for Vancouver East, after our difference of opinion. We have worked to make Parliament work and we have come to an agreement that has been satisfactory to both sides. I also thank my opposition colleagues from Ottawa South and Joliette for their assistance and agreement in this matter.

Tomorrow, we will resume and hope to complete debate on Bill C-55, the enhanced new veterans charter that our colleague, the Minister of Veterans Affairs, has introduced. Following Bill C-55, we will move to call Bill C-60, An Act to amend the Criminal Code (citizen's arrest and the defences of property and persons).

Next week, we will continue with the business on Friday and, in addition, we will call Bill C-20, the action plan for the National Capital Commission; Bill C-54, the child sexual offences; Bill C-8, the Canada–Jordan free trade agreement; Bill C-12, the democratic representation; Bill C-46, the Canada–Panama free trade agreement; Bill C-57, improving trade within Canada, brought forward by the Minister for Small Business; and Bill C-50, improving access to investigative tools for serious crimes, which is an important bill sponsored by our colleague, the Minister of Justice and Attorney General of Canada.

My friend from Ottawa South and the member for Vancouver East mentioned a solicitation for financial funds on parliamentary letterhead.

Mr. Speaker, as the chair of the Board of Internal Economy, I think it would be wise for you to place this issue before the Board of Internal Economy. There have been several complaints about opposition members soliciting campaign funds on government websites and perhaps the board could discuss that at the same time.

With respect to Bill S-10 and Bill C-49, we continue to make our case to Canadians and are working hard to convince the Liberal Party of the wrong decision it has made on these important piece of legislation. We will call for further debate in due course.

Business of the HouseOral Questions

February 17th, 2011 / 3:05 p.m.


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Ottawa West—Nepean Ontario

Conservative

John Baird ConservativeLeader of the Government in the House of Commons

Mr. Speaker, with respect to Bill S-10 and Bill C-49, we will call them when the time is right and when we can get these important pieces of legislation passed by the House of Commons.

With respect to accelerated parole, we found the time was right this week to get that bill done. I want to thank all members of the House for their consideration, particularly those members who supported that important legislation to stop fraudsters, who steal $100 million from seniors' retirement savings, from only having to go to jail for one-sixth of their sentence. I want to thank all the members who supported that important legislation, particularly on third reading.

Today, we will continue with the Liberal opposition motion. We heard a great speech by the member for Wascana at the outset of this Parliament.

Tomorrow, we will call Bill C-42, the strengthening civil aviation security; Bill C-46, the Canada-Panama free trade bill; and Bill C-55, the enhanced new veterans charter, on which the Minister of Veterans Affairs has done a phenomenal job. I think there have been consultations with the parties, which is good news. We also will call Bill C-20, an action plan for the National Capital Commission. I know there has been a considerable amount of very non-partisan discussion among all the parties. We will have that bill at report stage and then third reading. There will be a few amendments and we have already had some discussion with some members on this.

Next week, as all members will know, is a week the House is not sitting. When the House returns on February 28, we will simply continue where we left off with the list of bills that I gave.

I am pleased to announce to our good friends in the new Democratic Party that Tuesday, March 1 shall be an allotted day.

Business of the HouseOral Questions

February 10th, 2011 / 3:05 p.m.


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Conservative

John Baird Conservative Ottawa West—Nepean, ON

Mr. Speaker, boy, have I mellowed. I would not have said such nice things about the Badger even just a few short years ago, but I have mellowed and have become so quiet and soft-spoken since I arrived on Parliament Hill.

I would like to the thank the House leader for the official opposition for his questions.

With respect to Bill S-10, it is an incredibly important piece of legislation that goes after people who traffic in drugs, sell drugs to our children and who traffic in date rape drugs, which is something that is incredibly serious in many parts of the country. We want to see that bill passed and we will move forward on a path to allow it to be passed.

With respect to the bill on human trafficking, we want to see that passed. Again, it is an important piece of legislation. We do not want to provide the Liberal Party with an early opportunity to kill that good piece of legislation. I know they are anxious to kill legislation that is tough on crime, but we are going to stay focused.

Getting back to the business of the House, we will continue today with the Bloc opposition motion.

The parties are currently negotiating a way to proceed with Bill C-59, An Act to amend the Corrections and Conditional Release Act (accelerated parole review) and to make consequential amendments to other Acts. This is a modified version of what makes up part of Bill C-39, a bill that has been at the public safety committee since October 20, 2010. This is an important piece of legislation. The thrust of it has already received agreement in principle from this House. We will be continuing the negotiations on it, or dances, depending on how one defines that, with all parties on this issue.

Given that Bill C-59 will prevent fraudsters from getting out of jail after serving only one-sixth of their sentence, I hope there is sufficient support to move on this initiative without further delay. Tomorrow, therefore, we will either debate Bill C-59 or a procedural motion relating to Bill C-59.

Following Bill C-59, the government intends on calling Bill C-42, Strengthening Aviation Security Act; Bill C-46, Canada-Panama Free Trade Act; Bill C-55, Enhanced New Veterans Charter Act; Bill C-20, An Action Plan for the National Capital Commission; Bill C-8, Canada-Jordan Free Trade Act; Bill C-57, Improving Trade Within Canada Act; Bill C-50, Improving Access to Investigative Tools for Serious Crimes Act; and Bill C-12, Democratic Representation Act.

I could come back with more if we could get all of these bills passed on Monday.

That is the agenda for next week.

Canada-Panama Free Trade ActGovernment Orders

February 7th, 2011 / 4 p.m.


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Bloc

Daniel Paillé Bloc Hochelaga, QC

Mr. Speaker, I am pleased to once again speak about Bill C-46 because a government cannot possibly be unaware that it is impossible to serve such different interests at the same time; it does not make sense.

It is true that Panama has a developed economy. In fact, it has the most highly developed economy in Central America. One of the reasons why Panama's economy is so highly developed and open to the world is that, at a some point, a canal was built that serves as a route between the Americas. As a result, Panama is already accustomed to trade, travel and transit, and has been for a long time.

As a matter of fact, it is this familiarity with transit and trade, as well as the fact that many people pass back and forth through Panama but do not live there, that have made it into a tax haven. Such has been the case for a long time. We are becoming more and more aware of it; however, the members on the other side of the House do not seem to be responding to this situation.

It is said that Panama has moved from the blacklist to the grey list. Panama has signed agreements. In fact, it has signed several and has said that it would like to sign a tax treaty. We are saying that, if an international trade agreement is to be signed, a tax treaty, at minimum, should also be signed. This should not all be incorporated into the same agreement. There should be two separate agreements. But, there is always the power to negotiate.

If Panama receives $91 million worth of Canadian products per year and sells $41 million worth of its products to Canada per year, we find ourselves in a situation that, although may be marginal from an economic perspective, is still significant. The Government of Canada therefore has the power to negotiate. It can say to the Panamanian government that it agrees and that it is prepared to facilitate trade; however, from a tax perspective, there are a certain number of irritants. I will come back to this.

We should also remind Panama that it wants to sign a trade agreement with us, that there is a tax agreement to sign, but that the International Labour Organization finds that Panama's treatment of its labour force is inappropriate. In other words, the Panamanian government is recognized by the International Labour Organization as a government that breaches even minimal labour standards. Here again, we have leverage and can say that before we sign a trade agreement, Panama will have to make significant progress in terms of its tax policy and its labour relations. And why not add the environment to boot? It seems, according to our information, that Panama is not necessarily the best country in the world when it comes to respecting environmental rights.

Even though we are in favour of opening up markets, let us not forget that Canada is part of NAFTA because of Quebec's massive support for the Progressive Conservative government that concluded this international trade agreement with the Americas. We agree with having open markets, but their strategy is all wrong. They should be taking advantage of this opportunity.

What is a tax haven? I said a couple of minutes ago that I would come back to taxation.

There are some terms that are used that people do not understand. A tax haven is four things.

First, a tax haven is a place that has no or nominal taxation. To have a tax rate of 15%, 18% or a little more than 20% on business profits, as we have in Canada, or 11% on SMEs, is perfectly fine. However, 0.5% or nothing at all is considered a nominal tax rate. There is a gap between the tax rates.

Second, a tax haven lacks transparency. When it comes to ethics, transparency and disclosure, if Canada wants to sign a tax agreement with Panama, then there at least needs to be transparency in the information we receive.

Third, there are laws or administrative practices that prevent the exchange of information. Getting any information, let alone transparent information, is quite something. Sometimes the government considers itself to be a tax haven when we ask it for some information, as we did in the Standing Committee on Finance to no avail. Our colleague from the Liberal Party was talking about this earlier. However, sometimes we receive piles of documents that are absolutely not transparent.

Fourth, there are indications that the country attracts investors solely for tax reasons and not for their economic activities. Earlier, our NDP colleagues told us just how many businesses just have a post office box in Panama.

The characteristics of a tax haven are a post office box, difficulty obtaining information, unclear information and non-existent taxation. Those are four relatively simple elements that define a tax haven.

We should be taking this opportunity to state that we want a tax treaty. But if we had a tax treaty with a country that has zero taxes, people would wonder what business we had forcing Panama into levying more than a 1% tax on business income. On the other hand, it would make no sense for Canada, by signing a tax treaty with Panama, to exempt Canadian companies doing business in Panama from paying taxes because they pay them in Panama. That is why we need to discuss tax treaties between Canada and Panama. That is why we are delving into this issue and saying that these agreements need to be reviewed.

What are the elements of Quebec sovereignty and independence? The first is the ability to have our own taxation. During question period, we prove that Quebec is not independent when the federal government gets involved in Quebec taxation. The second is the ability to make all of our own laws. During question period, we also prove that Quebec is being invaded by federal laws. The third element of sovereignty is the ability to sign our own treaties. If Quebec were sovereign, it would not sign this kind of agreement with Panama unless there were worthwhile taxation, labour rights and environmental agreements.

Canada-Panama Free Trade ActGovernment Orders

February 7th, 2011 / 3:45 p.m.


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NDP

Jean Crowder NDP Nanaimo—Cowichan, BC

Mr. Speaker, New Democrats are opposing the Canada-Panama free trade agreement, Bill C-46.

I am going to address a couple of issues. I want to talk about the labour aspect of this legislation and, if I get to it, fair trade and the tax haven.

Earlier, we heard one of the Liberal members talk about the fact that the Conservative government would have consulted and yet, I find that a surprising statement given the fact when Dr. Teresa Healy, the senior researcher for the Canadian Labour Congress, came before the committee, she clearly outlined some concerns around the labour aspects of the bill.

I will not read her testimony into the record, but she did say the Canada-Panama agreement does not include specific protection for the right to organize and right to strike. On labour issues, fines are small, there are no countervailing duties. There is no provision for abrogation or any other such remedy. Yet, again, labour provisions remain in a side agreement rather than in the body of the text.

She indicated a bit of the socio-economic status in Panama. She said 40% of the population is poor, 27% is extremely poor, and the rate of extreme poverty is particularly acute in indigenous populations.

She also pointed out the track record of the Panamanian government.

The president announced unilateral changes to labour law in the summer of 2010. The law ended environmental impact studies on projects deemed to be of social interest. It banned mandatory dues collections from workers. It allowed employers to fire striking workers and replace them with strikebreakers. It criminalized street blockades and protected police from prosecution.

This is hardly a country's labour record that we would want Canada to enter into an agreement with.

The member for Burnaby—New Westminster has been taking the lead on this particular piece of legislation for New Democrats and has proposed amendments to attempt to change some of the more egregious aspects of this agreement.

One of the amendments he put forward was that the trade union workers in Panama be offered the right to collective bargaining as well as requiring the Minister of International Trade, as a principal representative of Canada on the joint Panama-Canada commission, consult on a regular basis with representatives of Canadian labour and trade unions. Sadly, that amendment was defeated at the committee.

I want to put this into context. In an article from October 2010 called “Back to the 'Good' Old Days”, although it is talking about Asia, there makes some good points. It states:

“Child labour rampant in Asia, serfdom on the rise here”.

I am going to quote extensively from the article because it is important when we see the erosion of labour rights in other countries it cannot help but raise concerns at home.

The article starts with a quote from John D. Rockefeller, from 1894. It states:

The disparity in income between the rich and the poor is merely the survival of the fittest. It is merely the working out of a law of nature and a law of God.

Many of us do not believe that. We believe there are roles for government in terms of redistribution of income.

Quoting again from the article, it states:

During the first 70 years that followed this pronouncement by one of the 19th-century's leading robber barons, the worst excesses of unfettered free enterprise were curbed by government regulations, minimum wage increases, and the growth of the labour movement. Strong unions and relatively progressive governments combined to have wealth distributed less inequitably. Social safety nets were woven to help those in need.

Corporate owners, executives, and major shareholders resisted all these moderate reforms. Their operations had to be forcibly humanized. They always resented having even a small part of their profits diverted into wages and taxes, but until the mid-1970s and '80s they couldn't prevent it. Now they can.

Thanks to the international trade agreements and the global mobility of capital, they can overcome all political and labour constraints. They are free once more, as they were in the 1800s, to maximize profits and exploit workers, to control or coerce national governments, to re-establish the survival of the fittest as the social norm.

This global resurgence of corporate power threatens to wipe out a century of social progress. We are in danger of reverting to the kind of mass poverty and deprivation that marked the Victorian era. Indeed, this kind of corporate-imposed barbarism and inequality is already rampant in many developing countries.

From the statistics that that Dr. Healy quoted, when we have 27% of a country extremely poor and 40% of the population poor, we have to wonder why we would be entering into that kind of trade agreement.

The article went on to talk about how, unfortunately, most Canadians do not seem to know how badly their forebears were mistreated in the workplace of the 1800s. These are labour conditions in Canada, but Canadians often do not realize that in Canada we had some of the worst labour laws going. It talks about a number of things. It says:

Conditions in the mines were especially bad, with most of the miners dying from accidents or “black-lung” disease before they reached the age of 35.

Hundreds of thousands of children, some as young as six, were forced to work 12 hours a day, often being whipped or beaten. A Canadian Royal Commission on Child Labour in the late 1800s reported that “the employment of children is extensive and on the increase. Boys under 12 work all night in glass-works in Montreal. In the coal mines of Nova Scotia, it is common for 10-year-old boys to work a 60-hour week down in the pits”.

This Royal Commission found that not only were children fined for tardiness and breakages, but also that in many factories they were beaten with birch rods. Many thousands of them lost fingers, hands, even entire limbs, when caught in unguarded gears or pulleys. Many hundreds were killed. Their average life expectancy was 33.

As late as 1910 in Canada, more than 300,000 children under 12 were still being subjected to these brutal working conditions. It wasn't until the 1920s, in fact, that child labour in this country was completely stamped out.

In the 1920s in Canada we agreed that child labour was not a norm, finally, that we would agree to. Yet we are saying it is okay to sign trade agreements with other countries where child labour is in fact part of what happens in those countries.

The article went on:

In the United States, another robber baron, Frederick Townsend Martin, was even more candid. In an interview he gave to a visiting British journalist, he boasted: “We are the rich. We own this country. And we intend to keep it by throwing all the tremendous weight of our support, our influence, our money, our purchased politicians, our public-speaking demagogues, into the fight against any legislation, any political party or platform or campaign that threatens our vested interests.”

It is nice to hear that someone was on the record in an honest way about what that particular corporate agenda was.

A modern descendant of John D. Rockefeller, his great-grandson banker David Rockefeller, put it plainly in a speech he gave back in the 1990s: “We who run the transnational corporations are now in the driver's seat of the global economic engine. We are setting government policies instead of watching from the sidelines”.

The article also states:

Already, in most of the developing nations, they have brought back child labour. Conditions in most factories operated by or for the transnational corporations in Asia and parts of Latin America are not much better today than they were in North America and Europe in the 1800s. Thousands of boys and girls are being compelled to work 12 hours a day in dirty, unsafe workshops for 40 or 50 cents an hour.

The article gives a number of examples in some Latin American countries.

When we talk about entering free trade agreements I hear Liberal and Conservative members ask when would the New Democrats ever support a free trade agreement. We would support a free trade agreement when it is a fair trade agreement, when it looks at the working conditions, when it looks at who is being exploited in those countries, when it looks at the corporate agenda in terms of driving the wages down in those unsafe working conditions.

A very good reason for us to question whether or not we should be entering a free trade agreement is when we have a side agreement, as in this particular case, about labour. It is not even integrated into the agreement.

I now have only a brief moment to talk about fair trade.

My colleague from Hamilton East—Stoney Creek earlier talked about multilateral trade. Many of us believe that multilateral trade is a very important way to look at it. Also, when we talk about trade, it should include fair trade.

When we talk about fair trade it is about the fact that workers in the countries of origin have fair access to the profits of their labour. There are a number of principles around fair trade.

To wrap up, I would encourage all members in this House to vote down this agreement. There are better ways that Canada can gauge and demonstrate leadership with countries around trade.

Canada-Panama Free Trade ActGovernment Orders

February 7th, 2011 / 3:30 p.m.


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Bloc

Thierry St-Cyr Bloc Jeanne-Le Ber, QC

Mr. Speaker, I am pleased to rise today to speak to Bill C-46, which would implement the free trade agreement negotiated between Canada and the Republic of Panama. First of all, I want to say that even though the Bloc Québécois is generally in favour of free trade, it will oppose Bill C-46 and, more specifically, the agreement with Panama.

I will start by providing a brief history of free trade and explain why a number of countries have signed agreements to freely exchange goods, without there being any customs duties or excessive restrictions on these goods.

The oldest major free trade agreement is the GATT, which was signed in 1947. If I recall correctly, that stands for the Global Agreement—

Canada-Panama Free Trade ActGovernment Orders

February 7th, 2011 / 1:45 p.m.


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NDP

Niki Ashton NDP Churchill, MB

Mr. Speaker, it is an honour to rise in the House to take part in such a critical debate, not just about the Canada-Panama free trade agreement but about how we move forward as a country, our relationships at the international level and how we see our role as promoters of trade and growing relationships within the Americas.

However, as I stand here, I am also very proud to be a member of a party that has stood for the kind of trade that prioritizes the concept of fairness, fair trade, a party that reaffirms its vision for a fair trade policy that puts the pursuit of social justice, strong public sector social programs and the elimination of poverty at the heart of an effective trade strategy.

In fact, when we hear Canada speak out at the international level, we hear of the concepts of mutual growth and improvement of living conditions. However, when we look at the specifics of the kinds of trade agreements that the government is promoting, we see an approach that strays from those kinds of ideas, certainly from the values that we in the NDP hold dear and go against the idea of wanting to contribute to the benefit of people in these countries, not just corporations or certain people, but people in general. That is the question in the House when it comes to Bill C-46, the Canada-Panama free trade agreement.

As my colleagues have expressed in the House, we have grave concerns that this bill has come forward in a hurried fashion, with a real desire by the government to pass it without the in-depth examination of what might be challenging pieces. Certainly there has been critical debate at committee, but there are some key points that I am sure many Canadians would be shocked to find out the government is trying to push through. They require more debate. Members deserve a chance to sit down and ask whether this really is what Canada wants to be promoting on the international stage.

We have heard much talk about the idea that this trade agreement would exacerbate the inequalities in Panama, that it would allow Canadian companies and Canada to be part of scenarios where labour rights are disrespected and abused or environmental rights are disregarded. We have heard that the fact that there are side agreements on labour co-operation and the environment is supposed to deal with these concerns and dynamics that we in the NDP think such a trade agreement would foster in a country like Panama.

The existence of such side agreements is simply not what is going to prevent such abuses from taking place or what is going to prevent such trade agreements from truly looking at how trade could make Panamanians and Canadians better off. There are a couple of reasons why NDP members feel the side agreements and Bill C-46 are inadequate in trying to reach the point of truly contributing to the well-being of Panama and Canadians.

At committee, compelling testimony was heard from witnesses regarding, for example, the tax haven situation in the Republic of Panama as well as its poor record of labour rights. It was noted that Panama has refused to sign a tax information exchange agreement, something that is troubling considering the large amount of money laundering in Panama, including money from drug trafficking.

Panama's complete lack of taxation transparency has led to the Organization for Economic Co-operation and Development to label the nation a tax haven. It has been referenced that a double taxation agreement would somehow resolve such a concern, but the double taxation agreement only tracks legal income while a tax information exchange agreement would track all income, including that made through illegal means.

The tax haven situation in Panama, as witnesses expressed in committee, is not improving conditions under the current government in Panama. A trade agreement with Canada would only worsen the problem and could cause harm to both Panama and Canada.

Another critical area a side agreement would not deal with and the source of such concern would be in the area of labour and the respect of labour rights. It is a tenet of who we are as a democracy and as a country that has believed that people's well-being depends on their freedom to organize, on their ability to be part of unions and on their ability as working people to fight for a decent wage, to fight for proper health and safety and to fight for that dignity that we would all hope for in any country around the world.

However, we recognize that these rights are not respected in Panama the way we respect them in Canada.

Another major issue is the status of labour rights in Panama and the complete failure of this trade agreement to ensure that these rights are not denied to Panamanian workers as they have been in the past.

When Teresa Healy of the Canadian Labour Congress spoke to the parliamentary committee regarding the agreement on labour co-operation, she testified that while the International Labour Organization's core labour standards are invoked, Bill C-46 is still weaker than it should be. As well, she pointed out the current Panamanian government has increasingly been harsh on labour unions and workers, especially in recent years.

It was noted, for example, that over the last few years a number of measures have come into play that have exacerbated the wealth inequalities in a country like Panama. While recording relatively high growth rates, it is the second most unequal society in the region. Forty per cent of the population is poor; 27% is extremely poor; and the rate of extreme poverty is particularly acute in indigenous populations. The country has endured extensive structural adjustment, liberalization and privatization which has not translated into economic benefits for the population.

In response to the international perception that Panamanian labour laws were rigid and a disincentive to foreign investment, President Martinelli announced unilateral changes to the labour law in the summer of 2010. The law ended environmental impact studies on projects deemed to be of social interest. It banned mandatory dues collections from workers. It allowed employers to fire striking workers and replace them with strikebreakers. It criminalized street blockades and it protected police from prosecution.

These are the kinds of measures that we are in fact not just approving of by continuing to approach this trade agreement as a positive sign and looking to side agreements as though they were going to put a stop to such an agenda put forward in Panama. Canadians would not want to think, would not want to know that we are complicit in encouraging what is fundamentally an attack on people's right to organize and people's right to speak out and fight for a decent living.

The severity of this attack on labour rights seen in Panama has been met with strikes and demonstrations. The police have been exceedingly harsh in their response and that was just this past summer. At least six people were killed; protestors were seriously injured and many were blinded by tear gas and police violence. Some 300 trade union leaders were detained before the president withdrew the labour provisions and called for a national dialogue of moderate trade union leaders and business leaders.

We are pointing out that a side agreement on labour co-operation, as it is termed, is in no way sufficient and certainly does not make a strong statement by Canada that such action is unconscionable.

The NDP is saying trade agreements must respect the tenets of fairness, but also must respect the values that we hold dear as Canadians, whether it be in terms of labour rights, transparency or on the environment. Canadians would demand nothing less.

Canada-Panama Free Trade ActGovernment Orders

February 7th, 2011 / 1:35 p.m.


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Liberal

Siobhan Coady Liberal St. John's South—Mount Pearl, NL

Mr. Speaker, I rise to speak in support of 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.

Canada and Panama signed this agreement on May 14, 2010, and the bill has made quick progress through all stages to get to the third reading, since it was only introduced on September 23 of last year.

The international trade committee concluded its study on the bill in late December before the House recessed. After careful consultation with stakeholders, the committee concluded that the agreements were satisfactory, and now Bill C-46 has come back to the House.

Freer, more open trade with our neighbours benefits everyone. Through trade agreements, we strengthen our economy, increase wealth, protect labour and human rights and help ensure environmental protection.

Our country relies on trade. In fact, 80% of our economy depends on trading with our neighbours. That is why I support any initiative that improves market access for our Canadian businesses. Canada is a trading nation. Our trade roots date back to the 1600s. Indeed, our country is founded on trade.

This is why Liberals are concerned that for the first time in 30 years, Canada now has a trade deficit. Export amounts to 45% of our gross domestic product, so we definitely need to have a good trade relationship. We need successful trade policies that build and sustain relationships with our existing partners, while also securing opportunities for other nations.

However, it seems our country takes one step forward and two steps back. Consider the United Arab Emirates, for example. We are all familiar with the diplomatic negotiations with the United Arab Emirates over airline landing rights. The U.A.E. is an important trading partner for us, with $2 billion every year in trade. This dispute was about six extra flights every week. However, because it was so poorly handled, we were told to leave Camp Mirage, a military base in Dubai that has been our forward operating base for our mission in Afghanistan. It will cost taxpayers at least $300 million just to close it and who knows how much to set up a new base somewhere else. That is how important trade relationships are.

In emerging markets, for example like China and India, we have delayed or missed opportunities. In the coming years, China and India will generate some 900 million new consumers and spend some $4 trillion on new infrastructure. Yet in 2006 and 2007 our exports to China barely kept pace with the growth of the Chinese economy. In the same period, the U.S. increased its trade by some 60%. We are not only falling behind the Americans. Thailand, the Philippines, Germany, and Australia are all getting a bigger piece of the Chinese import market than we are.

As I stated earlier, the Liberals are very supportive of fair open trade and Bill C-46 does make progress in that direction. However, we are falling behind in securing the biggest emerging markets in the world. If we are to compete tomorrow, we must open up opportunities not only in Panama, but in China, Russia, India, Brazil, and other emerging markets.

Even though Panama is a relatively small economy, there is much potential. In 2009 Canada exported around $90 million in goods to a small country of just under 3.5 million people. The country is relatively stable. It has made important strides in recent years with its development of democratic institutions. Through the global economic downturn, Panama's GDP still managed to grow at 10.7% in 2008, making it one of the hottest economies in the Americas. It is forecast to grow 5.6% for 2010.

Most of our exports to Panama include machinery, vehicles, electronic equipment and pharmaceutical equipment. Our service industries provide financial services and engineering, as well as information technology support. The Canada-Panama free trade agreement would include open market access for goods, cross-border trade and services, telecommunications, investment, financial services and government procurement.

At the moment, Panamanian tariffs on agricultural products are around 13.4%, but in some cases they can reach as high as 260%. Removing these tariffs would generate many opportunities for the Canadian agricultural sector.

Atlantic Canada also stands to benefit very much from this free trade agreement. It accounts for 10.9% of Canadian exports to Panama.

In late January, early February of this year, 12 Atlantic Canadian companies participated in a trade mission to Panama, building on past trade missions to that country. From Newfoundland and Labrador, four companies participated in the trade mission: Blue Oceans Satellite Systems of St. John's, Cartwright Drilling of Goose Bay, Labrador, Compusult Limited of Mount Pearl and Marine Industrial Lighting Systems of Mount Pearl.

Compusult is a global leader in geospatial interoperability. Its scientific applications support environmental data gathering and management. Marine Industrial Lighting Systems was formed in 1999 and one of its Panamanian projects includes explosion proof submersible floodlights for the Panama Canal.

Panama will be expanding its strategic canal route which connects the Atlantic and the Pacific. This project is valued at over $5 billion and will provide Canadian companies significant opportunities in a wide spectrum of goods and services. The expansion of the canal will allow for increased container traffic, some of which will access ports in Atlantic Canada.

As with Canada's other free trade agreements, Chile, Costa Rica, NAFTA and Jordan, there are side agreements on labour co-operation and the environment.

The Canada-Panama agreement on labour co-operation recognizes the obligations of both countries under the International Labour Organization Declaration on Fundamental Principles and Rights at Work. It requires that each country ensure its domestic laws, regulations and practices protect fundamental labour principles and rights at work.

The Canada-Panama environment agreement would allow any person who resides in either country to request an investigation of alleged violations of that country's environmental laws.

This free trade agreement contains sufficient protections for labour and the environment, ensuring that they are not compromised for the sake of trade.

As for the future, Canada needs to focus on emerging markets, Panama and the Americas, as well as India, China, Russia and Brazil. We must do so with haste and ensure more available markets for Canada's goods and services.

I hope my colleagues in the House will join me in supporting Bill C-46 so Canadian business and the people of Canada and Panama can benefit from freer, more open trade.

Canada-Panama Free Trade ActGovernment Orders

February 7th, 2011 / 1:20 p.m.


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NDP

Wayne Marston NDP Hamilton East—Stoney Creek, ON

Mr. Speaker, I am pleased to stand today to speak on behalf of my party to Bill C-46.

I commend the member for Hamilton Mountain on her intervention. It struck me, as she was answering questions, that the Liberal member stood in the House and basically said that it was trade at all costs. The reality for our country is that human rights and labour laws are the defining set of principles. To hear that kind of intervention from a party that proclaims human rights struck me as strange. It is not trade at all costs. As the member just indicated, our trade with Panama is around $100 million. That is an awfully cheap price to give up on the rights that Canadians believe so much in.

I want to go through a bit of the chronology on this bill. The Conservative government concluded the negotiations in August 2009. This agreement, by the way, as has been indicated by previous speakers, is very similar to the one with Colombia. We, of course, opposed the Colombia free trade agreement for weeks on end in the House because we felt that it was beneath Canada's dignity to be signing a free trade agreement with such a reprehensible government.

This agreement was signed May 14, 2010. On the same day, the government tabled side agreements in the House on Bill C-46. The NDP is opposing this bill for a number of reasons. In committee, compelling testimony was heard from witnesses regarding the tax haven situation in the Republic of Panama, as well as the poor record of labour relations in the country.

The previous speaker from the NDP, our labour critic, talked about the lack of labour rights in Panama. The member for Burnaby—New Westminster moved motions and amendments in committee that would have addressed some of the glaring failures in this agreement. Sadly, the record will show that they were opposed by the Conservatives and supported by the Liberals.

We do have issues with the free trade agreement. For example, despite requests from the Canadian government, Panama has refused to sign a tax information exchange agreement. This is very troubling considering the large amount of money that is being laundered in Panama, including money from drug trafficking, similar to Colombia. Panama's complete lack of taxation transparency has led the OECD to label the nation as a tax haven.

Just before the clause by clause review of Bill C-46, the member for Burnaby—Douglas proposed a motion to the committee that would have stopped the implementation of the Canada-Panama agreement until Panama agreed to sign a tax information exchange agreement. Again, his motion was defeated by the Conservatives and the Liberals who argued that the double taxation agreement Panama had agreed to was satisfactory. We do not agree. Unfortunately, the double taxation agreement only tracks legal income, while tax information exchange agreements will track all income, including money made through illegal means. That was as proposed by the member for Burnaby—New Westminster.

Considering Panama's history and reputation on such matters, it should be clear as to why such an agreement is necessary before signing the deal. Again, we hit a roadblock with both the Liberals and Conservatives on that point.

Subsequently, during the clause by clause review, the member for Burnaby—New Westminster proposed nothing less than 11 amendments that would have made progressive changes to the bill. These amendments included the addition of the crucial concepts of sustainable development and investment, a requirement for taxation transparency and provisions, and to corporate in the bill the protection of labour rights, including the right to free collective bargaining.

Other amendments would have required the Minister of International Trade to consult with labour and trade unions, as well as work with human rights experts and organizations in order to create impact assessments for the trade agreement. It is one thing to sign these agreements but it is quite another thing to follow up and see what the impacts have been on both the country we sign with and in our own industries and businesses that are part of the agreement.

A final amendment would have required Parliament to vote to extend the provisions of the act beyond the first year. All of these amendments, once again, hit that same wall and were voted down by the Conservatives with the help of the Liberals.

The committee heard testimony from Todd Tucker of the Public Citizens Global Trade Watch. Mr. Tucker made a very compelling case when he said that Panama was one of the world's worst tax havens and that the Panamanian government had intentionally allowed the nation to become that tax haven. Obviously there are benefits for a government seen in such a thing.

To summarize Mr. Tucker's testimony, he said that the tax haven situation in Panama was not improving under the current government nor under the conditions today in Panama. In addition, a trade agreement with Canada, in his opinion, would worsen the problem and could cause harm to both Panama and Canada.

Another major issue for myself as a former labour leader is the status of labour rights in Panama and the complete failure of this trade agreement because these are pending agreements. They are like letters of intent in a collective agreement that have no legal weight. These side agreements on labour rights fall far short of what is needed.

Two of the amendments put forth in committee by the member for Burnaby—New Westminster would have protected trade union workers in Panama. The member for Hamilton Mountain made a point a few minutes ago regarding Bill C-300, as well as labour rights. Why would we sign an agreement with a country and not demand, as part of that agreement, equal rights in that country to the rights we have here in Canada. As the principal representative of Canada on the joint Canada-Panama commission, the minister should have consulted on a regular basis with representatives of Canadian labour and from trade unions both here and in Panama.

Like all other amendments, those amendments were also defeated by the Conservatives with their friends the Liberals. Unfortunately, this creates a free trade zone that belittles the rights of labour, a serious problem that is already prevalent in Panama.

Teresa Healy of the Canadian Labour Congress spoke to the committee studying the bill regarding the agreement. She testified that while the ILO's, the International Labour Organization, core labour standards had been invoked in the agreement, the agreement was still weaker than it should be. As well, the current Panamanian government has been increasingly harsh on labour unions and workers in recent years.

In addition, two amendments regarding definitions were proposed by the member for Burnaby—New Westminster. By the end of the day, people will know the member for Burnaby—New Westminster who sits on this committee for our party.

The first amendment was with regard to sustainable development. The member for Nanaimo—Cowichan spoke a few moments ago in debate on this. The amendment would define sustainable development as development that meets the needs of the present without compromising the ability of future generations to meet their own needs, as set out in the Brundtland report, published by the World Commission on Environment and Development.

The second amendment was with regard to the definition of sustainable investment. The amendment would have defined sustainable investment as investment that seeks to maximize social good as well as financial return. Again, that is a principle in this country of Canada that we should be sharing with any other countries with which we have agreements, specifically in areas of environment, social justice and corporate governance, in accordance with the United Nations principles for responsible investment.

In addition to those issues with the Canada Panama free trade agreement specifically, there is also the fact that this agreement is just another step in the massively flawed Canada-U.S. strategy of pushing serial bilateralism in the form of NAFTA-style free trade agreements.

The NDP prefers a multilateral approach based on a fair and sustainable trade model. Bilateral trade deals amount to protectionist trade deals since they give preferential treatment to few partners and exclude the rest. This puts weaker countries in a position of inferiority vis-à-vis larger partners. A multilateral trade model avoids these issues while protecting human rights and the environment.

Canada-Panama Free Trade ActGovernment Orders

February 7th, 2011 / 1:05 p.m.


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NDP

Chris Charlton NDP Hamilton Mountain, ON

Mr. Speaker, I am delighted to rise in the House again today to speak to Bill C-46, which seeks to implement the Canada-Panama free trade agreement.

I say “again” because I have previously had the opportunity to speak at length on this bill at second reading. At that time, I focused my comments predominantly on three areas: labour issues; the fair trade movement as opposed to the free trade movement; and, of course, the serious implications of signing a free trade agreement with a tax haven, a free port or free zone, such as Panama, which is a country of convenience.

While I may get back to some of those seminal issues later if time permits, I want to focus today on environmental concerns and the very serious cautions we received in committee about signing a trade agreement with a country that many suggest is a safe haven for international crime.

Let me begin with the latter first.

Alain Deneault, who is a sociologist at the Université du Québec à Montréal, gave a succinct presentation at the Standing Committee on International Trade that summarized much of the prevailing thought and evidence about criminal activities in Panama and how those activities threaten to permeate Canadian jurisdictions if the implementation of this free trade agreement proceeds as planned.

Let me remind members of some of the most salient points.

A number of criminologists consider Panama to be a hub for money laundering, with a link to international drug trafficking, because of the Colon Free Zone. Patrice Meyzonnier, the chief commissioner at the headquarters of France's judicial police, talks in his book about a state involved in drug trafficking and the laundering of a good chunk of the world's dirty money. He says that Panama plays a bridging role between the south and north, from Colombia to the United States.

The criminal activity in the Colon Free Zone takes place mainly in the hotel industry, and via fictitious commercial spaces and fictitious rents.

It is actually a whole economy of money laundering that is corroborated in another book by Marie-Christine Dupuis-Danon of the United Nations Office on Drugs and Crime. She states:

Drug traffickers capitalize on the benefits associated with free zones like the one near Colon in Panama. This zone actually fosters the movement of goods and cash, with little surveillance from the authorities. There are no fewer than 1,890 companies generating a total of $5 billion annually in re-export activities. By definition, there are no customs duties on the operations carried out in the Colon Free Zone. As a result, the authorities are not able to enforce the regulations that are in effect in the rest of the country, including the declaration of sums over $10,000. Drug traffickers buy goods and resell them for cash with a 20 to 30% discount to the dealers in the free port. So they deposit their pesos in banks in the free zone and transfer their funds to their regular accounts in Colombia.

Dupuis-Danon's findings are corroborated by Alain Delpirou and Eduardo MacKenzie in their book, The Criminal Cartels. They stress that cocaine and heroine trafficking is a major industry in the region and that it becomes an even greater problem because the free port of Colon has direct access to an uncontrolled zone in Colombia.

Finally, Mr. Deneault reminded us that Thierry Cretin, a former French judge who worked for the European Anti-Fraud Office, has published accounts that clearly demonstrate that the Colombian and Mexican mafias are very active in Canada while also very present in Panama. It seems hard to believe that we as legislators would vote in favour of anything that would make our country an even more porous jurisdiction for organized crime.

At a minimum, I would have thought that such mounting evidence from impeccable sources would have given the government pause for thought. I would have hoped that it would have caused the government to exercise extreme caution and that it would have reconsidered entering into a free trade agreement with this particular jurisdiction.

In passing, does it not strike others in this chamber as more than passing strange that this deal is being made by a Conservative government that is desperately trying to sell itself as being tough on crime? Does it even understand what it really takes to fight crime? Let me tell the members that it takes a lot more than a catchy slogan to get the job done.

If we want to get at organized crime, then we have to get at the money. By allowing Panama to continue to be a tax haven it is easy for corporations to register there and it makes it easy to launder money via Panama. In essence, Panama is being allowed to facilitate the operations of organized crime syndicates, along with the drug trafficking and human trafficking that go along with them. The Canadian government is essentially condoning those activities when it enters into a bilateral trade agreement with no strings attached.

Clearly, that should never happen. My NDP colleagues and I are doing everything in our power to ensure that it does not happen. That is why we are here today debating the four amendments that we have introduced to Bill C-46.

The four motions are as follows. The first motion is to eliminate clause 7 that outlines the purpose of the bill. The second motion is to eliminate the clause designating that the minister is the representative of Canada. The third motion is to eliminate clause 12 that lays out the minister's authorized activities in his role. The last one is to eliminate the final clause, the coming into force clause stating when the bill would become law.

Together these four motions essentially gut the bill, giving the government an opportunity to rethink its approach to international trade. We certainly would not be the only jurisdiction to take that opportunity. When the debate began in this House on the Canada-Panama free trade agreement, we were told over and over again that it must be okay to proceed because the Americans were forging ahead with a similar agreement.

Well, the air has certainly gone out of that balloon, because not only have the Americans not passed that agreement, but no fewer than 54 United States congressmen have now demanded that President Obama forgo the agreement until Panama has signed the tax information exchange treaties.

Those treaties are the first step to putting an end to the tax havens that facilitate money laundering, and the Americans got it right: sign the treaties first and then negotiate.

In Canada, the Conservatives and Liberals are operating on a wing and a prayer. They would implement the free trade agreement and then use moral suasion to get the Panamanians to do the right thing. It is not going to work; others have tried and failed, and we should have learned our lesson.

I see that I only have a couple of minutes left to conclude my comments here today, and I really did want to focus on the environment as well, since I did not have an opportunity to do that in my last intervention. I will try to be brief.

First, let me acknowledge that MiningWatch Canada was absolutely right when it pointed out in its submission to the committee that the environmental impact of this FTA is impossible to gauge because it has not been made public, as it was supposed to be after the signing of the trade agreement.

The report that is publicly available on the initial environmental assessment is almost completely devoid of meaningful content. The one thing it does acknowledge, however, is that:

The main effect is likely to be greater protection for existing Canadian investment in Panama.

There it is in a nutshell. This agreement is all about protecting investments while ignoring the environmental implications of that protection. There is absolutely no attempt to frame any aspect of this agreement in terms of sustainable development.

This will be of huge concern to both environmentalists and to all of those Canadians who were actively engaged in the campaign on corporate social responsibility. As the bill on CSR was recently defeated in this House by Conservatives and Liberals, I guess I should not be surprised that this free trade agreement will be passed by the same coalition.

Nonetheless, let us be clear about what is happening in Panama. Examples of Canadian mining projects in Panama include the proposed Cobre Panama open pit copper project by Inmet Mining on the Petaquilla concession, west of Panama City, which is forecast to deforest 5,900 hectares of what is mostly primary rainforest in the middle of the Mesoamerican biological corridor; the controversial Molejón gold mine project of Petaquilla Minerals, which is repeatedly accused by nearby communities of deforestation and contaminating local rivers, and was fined almost $2 million for environmental violations; and Corriente Resources' illegal activity in the Ngöbe-Buglé indigenous territory, trying to overcome community opposition to a huge open pit copper mine project so the company can first obtain and then sell the property to a larger mining company for development.

This free trade agreement will only increase such Canadian investments, yet we know that environmental protection and legal enforcement and compliance in general in Panama are notoriously weak, even within the framework of existing laws and regulations. Why would we enter into a trade agreement that will end up protecting mining investments that are taking advantage of lax governance and the resulting low cost operating environment, and allow Canadian corporations to undertake projects that would never be approved in Canada, or any other country for that matter, without more stringent controls?

In a global economy, we must take global responsibility. That means that we must vote against the Canada-Panama free trade agreement.

Canada-Panama Free Trade ActGovernment Orders

February 7th, 2011 / 12:50 p.m.


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Liberal

Judy Sgro Liberal York West, ON

Mr. Speaker, I am pleased to add my voice to the debate concerning Bill C-46.

As has already been said by many of my colleagues in the House, if passed by Parliament, Bill C-46 would implement a free trade agreement, an agreement on labour co-operation and an environmental accord between Canada and the Republic of Panama.

I share many of the positive comments that have already been made during the debate. Canada is after all a trading nation that has, for the past 30 years, maintained a trade surplus with our global neighbours and our competitors, or at least that was the case until now.

Canada is still a nation on which 80% of our economy is trade-dependent, but despite the lofty trade talk, the Conservative government has presided over a tremendous decline in our national trade advantage. Now, for the first time in more than a generation Canada is in a trade deficit situation.

That is right, the nation that was created and has since maintained itself by trading with our neighbours is importing more than we are selling globally. This new dependency must concern all of us. It is disappointing to me, but for Canadian farmers, manufacturers, and other exporters of Canadian goods and expertise, this is simply a disaster.

As members can imagine, I am pleased to see that the government is starting to focus its attention on trade matters, even if I would rather have seen that focus be on larger, more robust and growing markets, markets that could provide a greater growth potential for Canadian goods and labour expansion.

I want to be clear, I am not suggesting that Panama is not worth the effort; just the opposite. Canada and Panama had more than $132 million worth of bilateral trade in 2009 alone. Then, despite the recession in 2010, Panama's GDP grew by just over 5%. Put another way, while Panama's market potential for trade is relatively small, it is moving in the right direction.

In contrast to the Conservative approach to trade, when the Liberals devised the team Canada approach to opening new trading opportunities, we set our focus on much larger markets, such as the U.S., China, the U.K., the Netherlands and Italy. I suppose the difference is that the Liberals were confident that Canada could and should compete at the highest levels on the global stage, while Conservatives continue to concern themselves with smaller, short-terms goals.

That was then and this is now, so I need to be thankful for smaller steps. With this in mind, I want to congratulate the Minister of International Trade for his efforts to make this agreement possible.

What does this agreement actually do for Canada and for the people of Panama? Right now, Panama levies tariffs on Canadian agricultural products in the range of 13% to 260%. That means that Canadian agricultural products such as pulses, frozen potatoes, processed foods and beef are taxed in a way that makes them uncompetitive when directly compared with some of our Panamanian goods. We clearly know that our agricultural community continues to be under fire and under huge stress, and we need to do everything we can to decrease those problems.

As an example, a bushel of soybeans that would sell for $13.98 in Canada would face a tax in Panama of 47%, or $6.57. With that extra taxation, that bushel would cost $20.55 to a further processor in Panama. That is unfair for our marketplace and unfair for our agricultural industry. This means Panamanians would be more apt to buy Panamanian produced goods when given that choice rather than pay the premium for a top notch Canadian product, understood by all of us.

The agreement would put an end to that artificially prompted competitive disadvantage for our farmers and it would allow Canadian farmers to start to compete on a level playing field, something they have consistently proven their ability to do effectively in many other jurisdictions.

On non-agricultural goods, Panama currently maintains an average-applied tariff of between 6.2% and 81%.

The passage of Bill C-46 means that Canadian fish, construction materials, paper products, and vehicle and auto parts will no longer face this kind of harmful taxation. Again, this kind of tariff reduction means that Canadian industry will have the option of opening and exploring Panama's market potential from a position of strength rather than one of initial economic disadvantage.

In return, Canada will eliminate almost all tariffs on currently imported Panamanian goods. This deal will allow the market to sort out which industry is the most competitive and which products are of the greatest quality and desire to consumers. As I look back on history, I have every confidence that when competing on a level playing field, Canadian farmers, anglers, manufacturers, and paper workers will create success and generate tremendous wealth for their respective industries.

I should also mention that this Canada–Panama free trade deal would seek to address non-tariff trade barriers to further help ensure non-discriminatory treatment of imported goods. While each of these things represent positive advantages, I would be remiss if I focused only on trade and not on the labour portions of the agreement which continue to be of enormous concern to me and others. This is especially important given the refurbishing and expansion of the Panama Canal, which is expected to be completed by 2014.

As with some of the other trade deals that Canada has signed, this agreement includes a side agreement on labour co-operation and the environment. The Canada–Panama agreement on labour co-operation recognizes the obligation of both countries under the International Labour Organization's Declaration on Fundamental Principles and Rights at Work, which requires that each country ensure that their domestic laws, regulations, and practices protect fundamental labour principles and rights at work.

Specifically, this includes: the right to freedom of association, the right to collective bargaining, the abolition of child labour, the elimination of forced labour, and the elimination of discrimination. These are extremely important issues when we are talking about free trade. As a former minister of citizenship and immigration, I think these are important elements of any free trade deal.

While free trade agreements are most certainly economic devices, the Liberals have long viewed trade and engagement as important instruments of social advancement and human rights promotion. When a nation exists in isolation, there is little regard for these fundamental freedoms and rights. However, once a country becomes part of the greater community of nations, there is an imposition of a greater social responsibility.

Sometimes I wonder which comes first. Clearly, this is the avenue we are pursuing, but monitoring these issues must be of high importance to Canada.

Canada has been a trading nation since it was opened by the coureurs de bois in the 17th century. Our native people traded for all items they could not produce themselves. Generations of Canadians have exported our products and ideas to the entire world. Canadian expertise has been responsible for countless global advances, but it has also helped this nation in ways those first coureurs de bois could never have imagined.

Today, Canada is the 11th largest trader on the planet, ranking well ahead of countries such as Spain, Russia, Mexico, India, and Australia. Our international commerce amounts to more than $600 billion annually, and more than 80% of our economy is directly dependent upon trade and commerce with others. Indeed, to say that Canada is a trading nation would be a tremendous understatement, and it is for this reason that I am pleased to support Bill C-46.

Canada-Panama Free Trade ActGovernment Orders

February 7th, 2011 / 12:35 p.m.


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NDP

Dennis Bevington NDP Western Arctic, NT

Mr. Speaker, I rise to speak to Bill C-46 at report stage.

My opinion on the bill has not changed over the course of time of it being in committee. In fact, many of the things presented in committee spoke very strongly against the nature of the bill and against the bilateral free trade agreement with a country like Panama.

Panama along with Colombia are two countries that the Conservative government has decided, in its wisdom, to pursue free trade agreements with and have brought them forward in this Parliament. Neither of these countries is appropriate for free trade deals with Canada.

Clearly Colombia had so many human rights violations that the nature of our protection for those human rights issues, which we hold so strongly in Canada, were simply not there.

In the case of Panama, quite clearly there are human rights issues, but more overwhelmingly are the issues surrounding the nature of the Panamanian business community. That has been brought forward, in great detail, to Parliament through our work, through the work of some of the other parties and through the witnesses at committee and clearly this is not a nation that holds the same level of integrity and honesty within its corporate structures as we do in Canada.

To enter into this free trade agreement, pushing investment with Panama is like injecting more poison into our system. Our system may falter because of the opportunities that exist in this.

Free trade agreements need careful scrutiny, and we have been calling for that. Careful benefit scrutiny, net benefit analysis should take place on any free trade deal with any country in the world. I know we are negotiating a number of those, so there should be work put into that.

Take for instance the much wanted European free trade agreement. Many holes are showing up in that deal already. For instance, today there is a report coming out that indicates Canadian drug costs, drug costs that are directly related to government costs, are going to go up substantially if we go ahead with the European free trade deal as outlined, with the provisions in which the Europeans are most interested.

The opportunity to use generic drugs will be made more difficult. That difficulty is estimated to cost us in the order of $1.5 billion to $2 billion a year. Where does that come from? From the pockets of Canadian taxpayers. What benefits do we get from that? By going along with the Europeans on that, the net total investment in new research and development would be in the order of $400 million.

With the effect of marginal tax rate for corporations in this country of 18%, how much improvement to the economy has to go ahead to make up the difference of $2 billion to the taxpayers? There are no answers for that. No analysis has been done. That directly affects our federal government and all the provinces as well.

There was a curious reception that I went to the other night with the Japanese automotive association. There were opportunities for speeches. The Minister of International Trade made a fine speech about his total belief in free trade, the need to sign these agreements and to work on these things. That was fine. I accept that as his position.

However, the president of the Japanese automotive association said that the European free trade deal was not the panacea for the association, that it would lose on the deal if we signed with Europe.

Let us look at the Japanese automotive industry, one of the clear winners for Canada in the last decade with the setting up of new plants. Of the total number of vehicles produced, most are exported to the United States. Not only are the Japanese in Canada, probably because of our good conditions and public health care, but their product is part of our export development in manufacturing, which everyone in the chamber must understand is very weak on every other front.

The people who are doing a successful job for us in manufacturing automobiles and exporting to the United States are saying that we should look at the provisions of the European free trade deal. Quite clearly, we have to look at trade deals very carefully in this new world. This is not the old world of the 1980s and 1990s when the free trade mantra was something that no one could resist, that no political party was able to completely ignore, that no political party of the right was able to say anything other than it agreed.

Let me get back to the free trade deal with Panama. It is not really a free trade deal. This is about investment. This is about Canadian companies investing their profits in Panama, perhaps on the new expansion of the Panama Canal or a number of other areas. That is what is going to happen. Investors will be taking the money they make in Canada and investing it in another country.

What about agriculture? Riots are going on around the world right now over the price of agricultural products. Canada could do much better. A previous member spoke of pulses, the consortium of producers of lentils, peas and beans. I had an opportunity to speak with those people and they are not concerned about free trade. They are concerned about our railways that do not give them a proper deal on service. They have much more difficulty getting their products to the Canadian ports for export to the world market for produce that is ever-expanding and where the prices of products are going up.

When we talk about agriculture, we are talking about something that is going to be in great demand. When we think about agriculture in terms of free trade, what we should be thinking about is how to protect and enhance our agricultural capacity in our country. This is the way to deal with that.

What is Canada's trade? So much of it is energy and raw resources, the things the world needs, not what it wants. The world wants produced products, but it needs raw products and Canada is in a good position to provide those raw products. We do not want to sell them too cheap or give them away. We want to ensure that our children and grandchildren are well protected in our resources going forward. When we sign free trade deals with countries and say that we must give our resources in a fashion that we do not dictate anymore, we are giving up something, but what are we getting in return?

Let us talk about border security. A big issue right now is that the thickened border has slowed down free trade to the United States. That is nonsense. Trade since 9/11 to the United States has gone up consistently until 2008 when there was a recession and the value of the Canadian dollar accelerated. Those two factors hit our trade very hard with the United States. It went down from about $350 billion to about $100 billion, but it had nothing to do with free trade. It had to do with currency and our ability to deal with our own issues.

As for the currency, we do not have the opportunity to do like the Liberals did in 1993 and lower the interest rate because we are already at rock bottom. We are in a bind. What can we do, quantitative easing? What do we do to improve our currency position vis-à-vis the United States? That is the problem we have with trade with the United States.

Canada-Panama Free Trade ActGovernment Orders

February 7th, 2011 / 12:25 p.m.


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Liberal

Yasmin Ratansi Liberal Don Valley East, ON

Mr. Speaker, I rise today in support of 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.

As has been mentioned, Canada is a trading nation. In the global economy, it is important to get preferential agreements with countries, which is beneficial to both partners. We have seen the impact of relying too heavily on one trading partner. We have seen the government's lack of action on increasing U.S. protectionism and its failure to seize trade opportunities in China, South Korea and other countries.

The Conservative government's mismanagement of Canada's trade relations has led to the first trade deficit we have seen in over 30 years. The trade deficit record last July was $2.7 billion. Therefore, it is important that as a country we need to increase our efforts and our engagement in order to improve the economic situation, increase international trade, and help the Canadian economy.

Canada has always supported free trade. Our origins are that of a trading nation, having started with fur, wood, and other natural resources. The portion of our economic activity attributed to trade is greater than that of most other nations. Indeed, approximately 80% of our economy and millions of Canadian jobs depend upon trade and our ability to access foreign markets. We are, after all, a very small country. Our population is 32 million which, one day the U.S. ambassador told me, could fit into the State of California. Taking that perspective, we need to ensure that we make agreements that are based in the interests of Canada.

If a free trade agreement is negotiated properly, Canadian exporters benefit from the reduction and elimination of tariffs on their goods destined for other countries. Canadian manufacturers benefit from the reduction and elimination of tariffs at the Canadian border on the various materials that go into their products. Canadian consumers benefit from lower prices of imported goods when tariffs on these goods are reduced or eliminated.

I think it is important to note that people do look at the best return on their investment, and everyone is an economical shopper. In this global age, where we are exposed to just about any goods and services, it is important that when we make deals we are able to ensure a better deal for Canada.

We have heard the debate on protectionism and what steps could best promote Canadian business success and generate Canadian jobs. However, most Canadian businesses that serve domestic markets do benefit from free trade because they are forced to innovate and compete with others from abroad, provided that those abroad comply with international rules on trade, tariffs and non-tariff barriers. In the long run, Canadian businesses are more than capable of being strong, innovative, and competitive without hiding behind protectionist walls.

We know that when we are promoting trade in our green technology, as we have seen in examples such RIM et cetera, we need to be strategic and smart because we live in a global village. In that village, everyone knows what the prices are. We could go on eBay and get things from Australia that could be cheaper than what we could get in Canada. This makes businesses innovate, so they can compete in the global market.

The Liberal Party has always supported economic growth through proper free trade agreements. It also supports any initiatives that will improve access to foreign markets for Canadian businesses. It is important to note that we cannot rely heavily on one trading partner because, as was said, when the elephant rolls over, it is the poor mouse sitting next to it that might get hurt. It is important for us to be careful when we are negotiating but ensuring ensure there is freer trade with far more nations, rather than relying heavily on one partner.

Although Panama has a small economy and Canada's existing trade with that country is relatively limited, there are opportunities for Canadian businesses.

The expansion of the Panama Canal is currently underway and it is slated to be completed by 2014 at a projected cost of $5.3 billion. That is an interesting sum of money. The expansion is expected to generate opportunities for Canadian companies in such areas as infrastructure and construction, as well as environmental, heavy engineering and consulting services. In the area of capital projects, opportunities will be generated in human capital development and construction materials.

Like the free trade agreements between Canada and Chile and Costa Rica, the North American free trade agreement, and the free trade agreement between Jordan, the Canada-Panama free trade agreement includes side agreements on labour co-operation and the environment. These are important aspects of the agreement.

The Canada-Panama labour co-operation agreement recognizes the obligations of both countries under the International Labour Organization's Declaration on Fundamental Principles and Rights at Work. Both countries are required to ensure that laws, regulations and national practises protect the following rights: the right to freedom of association, the right to collective bargaining, the abolition of child labour, the elimination of forced labour, and the elimination of discrimination.

The Canada-Panama labour co-operation agreement and the agreement on the environment both include complaints and dispute resolution processes that enable members of the public to request an investigation into the perceived failures of Canada or Panama to comply with these agreements.

The free trade agreement with Panama is another opportunity to increase access to more markets for Canadian farmers and businesses. As was pointed out, our farmers need access to more markets. We are a small country and our farmers need to be competitive and innovative. This agreement will give them access.

Panama is a relatively small economy. In 2009 we exported $90 million in goods to that country, which is not as large as some trading partners. It is, however, a stable country which has made significant progress in recent years in terms of development and democracy. Canada is well placed to continue to encourage that.

In spite of the global economic downturn, Panama's GDP grew to 10.7% in 2008, one of the highest in the Americas, and is forecast at 5.6% for 2010. In 2009, bilateral trade between the two countries totalled $132.1 million. Canadian exports made up $91.4 million and $40.7 million in imports.

In the merchandise area, exports to Panama include: machinery, vehicles, electronic equipment, pharmaceutical equipment, pulses and frozen potato products. In the area of service, Canadian exports include: engineering, information and communications technology.

Under the agreement Canada will eliminate over 99% of its tariffs on imports from Panama.

It is important to note that there is no debate here over the issue of human rights. As members of Parliament we may be concerned about it, but we defer on what approaches to take, whether it is through trade, opening up doors, or through the wagging of fingers. Wagging fingers is not a good idea. When I was in India, we discussed what Canada could export, and the first thing I was told was pluralism.

As the government is focusing on creating free trade agreements with other countries, it also needs to look at creating free trade agreements within provinces.