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, provided by 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

September 29th, 2010 / 5:20 p.m.
See context

Halton Ontario

Conservative

Lisa Raitt ConservativeMinister of Labour

Madam Speaker, it is a pleasure to speak in the House today to labour co-operation in the context of the Canada-Panama free trade agreement.

In line with our previous free trade negotiations, labour and environmental issues were an important part of the free trade discussions with Panama. That is why Canada negotiated separate international treaties on labour co-operation and the environment to coincide with the free trade agreement talks with Panama.

With regard to labour, the Canada-Panama labour co-operation agreement is strong and comprehensive and it would help protect the rights of workers in both countries. In particular, Canada and Panama have committed to ensuring that their domestic laws respect the International Labour Organization's 1998 Declaration on Fundamental Principles and Rights at Work. This declaration covers a wide range of workers' rights; namely, the abolition of child labour, the right of freedom of association, the right to collect bargaining, the elimination of discrimination and the elimination of forced or compulsory labour. Through these provisions, Canada has shown its commitment to improving labour standards and to helping Panama protect its workers. It also demonstrates this government's firm belief that prosperity cannot come at the expense of workers' rights.

The labour co-operation agreement with Panama, however, goes even further than the International Labour Organization's 1998 declaration. More specifically --

Canada-Panama Free Trade ActGovernment Orders

September 29th, 2010 / 5:20 p.m.
See context

NDP

Peter Julian NDP Burnaby—New Westminster, BC

Madam Speaker, I rise on a point of order. A motion was moved on the floor of this House just a few minutes ago by the hon. member for Hamilton Mountain that essentially moves the debate and discussion of whether or not this bill should be read and heard six months from now.

Madam Speaker, could you just clarify for the minister that she is indeed speaking to the motion now and not to the bill itself?

Canada-Panama Free Trade ActGovernment Orders

September 29th, 2010 / 5:20 p.m.
See context

Conservative

Lisa Raitt Conservative Halton, ON

Madam Speaker, I am happy the hon. member is actually listening and paying attention. After what I have been hearing in terms of the inaccuracies and absolute untruths he has been indicating with respect to some of the accusations against Colombia, I do believe it is important for us to listen to what we have to say to one another.

Of course, everything I do say today applies now. It is even more important to ensure we have something like this in place between Canada and Panama currently and, going forward for more than six months, would make absolutely no sense in terms of labour co-operation agreements, specifically for the reasons I will be enumerating here.

As I said, the labour co-operation agreement with Panama goes even further than the International Labour Organization's 1998 declaration. That is why it is important to deal with it now and not deal with something in six months. We should take the opportunity to deal with these things as they appear before us and as they are meant to be.

This agreement commits both countries to protect workers by providing acceptable protections for occupational health and safety. I am sure the House would agree that it is something that should happen immediately and not six months from now. Allowing for compensation in cases of injuries and illnesses is important for workers and that should happen now, not six months from now.

Providing for acceptable minimum employment standards, such as minimum wage and hours of work, on which I assume the opposition would agree, is something that should happen sooner rather than later, not through a delay of six months.

Further, the labour co-operation agreement would ensure that migrant workers would be given the same legal protections as nationals in respect of working conditions.

In order to ensure that Canada and Panama comply with their labour obligations, this agreement does include a strong dispute resolution mechanism that is transparent, robust and easy to use. The model is in line with Canada's other parallel labour co-operation agreements with Colombia, Peru and, of course, with Jordan.

As part of this settlement process, members of the public can submit complaints to either government concerning any of the obligations contained in the labour co-operation agreement. These complaints can bring to light any concerns from the public that domestic labour laws or their implementation by Canada or Panama do not comply with the terms of the labour co-operation agreement. If the complaint is deemed valid, then either country can request ministerial level consultations with the other country to resolve the issue.

If the countries are unable to come to a mutually satisfactory agreement and the matter concerns a perceived failure to respect obligations related to the 1998 International Labour Organization's declaration or even the enforcement of domestic laws, the country that requested the ministerial consultations can request that a review panel be convened. If the matter cannot be resolved, the independent review panel may require that the offending country may face financial penalties. These penalties would be placed into a co-operation fund in order to resolve the matter identified, as well as to help ensure compliance with and respect for domestic and international labour obligations.

Moneys placed in the co-operation fund would be disbursed according to an agreed upon action plan, which would ensure that the matters under dispute are effectively resolved

As we can see, under the labour co-operation agreement, both Canada and Panama will have an important tool to protect and improve the rights of workers, which, of course, would make more sense for them to have this now rather than six months from now at the very earliest.

That being said, it must be noted that this agreement also respects provincial jurisdiction on labour matters. At the same time, however, the federal government would have the ability to immediately use the dispute resolution process, if necessary, regardless of the level of provincial participation in the labour co-operation agreement.

In looking beyond the provinces, it is important to remember that this government is re-engaging with our partners across the Americas. An important part of this re-engagement is the promotion of the principles of sound governance, security and prosperity. A vital component of this strategy is the protection of labour rights, and this includes Panama. That is why Canada negotiated a robust and comprehensive labour co-operation agreement with Panama.

Our efforts to protect labour rights do not stop there. During the free trade negotiations with Panama, Canada requested that a principles based chapter on labour be inserted into the Canada-Panama free trade agreement. Panama agreed to this request and, as such, there is now a much stronger and much more direct reference to labour rights in the free trade agreement.

That is important because the chapter on labour reaffirms both countries obligations under the labour co-operation agreement. By inserting a labour chapter into the free trade agreement text, Canada has provided an additional confirmation of that vital link between economic growth, prosperity and the respect for labour rights.

In closing, I would like to emphasize this government's view that free trade can play a positive role in a country's economic and social life, but this positive role does not have to come at the expense of labour rights. In fact, as the labour co-operation agreement demonstrates, it is possible to liberalize trade while protecting the rights of workers.

The push to protect labour rights is also an important component of Canada's active engagement in the Americas. Under this labour co-operation agreement, Canada would be able to help support Panama in its efforts to respect both its domestic labour laws and its international labour obligations. These efforts in turn will benefit Panamanian workers.

For those reasons, I ask all hon. members for their support of the agreement in total and the parallel agreement on labour co-operation and implore that this happen sooner rather than later.

Canada-Panama Free Trade ActRoutine Proceedings

September 23rd, 2010 / 10 a.m.
See context

York—Simcoe Ontario

Conservative