Canada-Panama Free Trade Act

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

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

Sponsor

Peter Van Loan  Conservative

Status

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

Summary

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

This enactment implements the Free Trade Agreement and the related agreements on the environment and labour cooperation entered into between Canada and the Republic of Panama and done at Ottawa on May 13 and 14, 2010.
The general provisions of the enactment specify that no recourse may be taken on the basis of the provisions of Part 1 of the enactment or any order made under that Part, or the provisions of the Free Trade Agreement or the related agreements themselves, without the consent of the Attorney General of Canada.
Part 1 of the enactment approves the Free Trade Agreement and the related agreements and provides for the payment by Canada of its share of the expenditures associated with the operation of the institutional aspects of the agreements and the power of the Governor in Council to make orders for carrying out the provisions of the enactment.
Part 2 of the enactment amends existing laws in order to bring them into conformity with Canada’s obligations under the Free Trade Agreement and the related agreement on labour cooperation.
Part 3 of the enactment contains coordinating amendments and the coming into force provision.

Elsewhere

All sorts of information on this bill is available at LEGISinfo, an excellent resource from the Library of Parliament. You can also read the full text of the bill.

Votes

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

Canada-Panama Free Trade ActGovernment Orders

September 30th, 2010 / 12:15 p.m.
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Liberal

Alan Tonks Liberal York South—Weston, ON

Madam Speaker, I am sure that members of the House are quite taken by the depth of knowledge that the member has and I found it instructional myself with his analysis of two major issues.

One is the international regime with respect to labour standards and occupational health and safety, and so on. The question was trying to extract what this agreement would do to firm up fair labour relationships.

The member has also addressed the issue of tax havens. He has talked about the second generation of globalization as a need to reassess, for example, mechanisms such as the WTO and chapter 11 dispute mechanisms that are not working properly. We have heard before that crime and international criminal activity are focusing around the whole issue of tax havens and the lack of accountability in the international banking regime. He has indicated that the OECD is grappling with this very same issue.

Would it not be better to send the bill to committee, given the member's approach and his overview with respect to globalization, and look at the experience of late through the OECD to see if we can come up with mechanisms similar to the labour initiative that would allay the fears put forward with respect to the international banking regimes that in fact are very problematic to trade?

Canada-Panama Free Trade ActGovernment Orders

September 30th, 2010 / 12:20 p.m.
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Bloc

Pierre Paquette Bloc Joliette, QC

Madam Speaker, we could do that if we could imagine—and this is my reasoning—that it would be possible to correct some of the agreement's shortcomings. However, some of the problems with the agreement or relations with Panama are beyond Canada's control. For example, there is the issue of police repression of unions. Although we could study the issue in committee, we would be wasting our time if the Panamanian leaders have no interest in examining and addressing the situation. As for chapter 11, we have raised this on a number of occasions. It would require a change in the government's philosophy, and there is absolutely no indication of that. We believe that it would really be a waste of time.

I just wanted to highlight one of the concerns that was raised. When I say that we must comply with the major international labour conventions, I do not mean that we all comply with them in the same way. We respect the rights that are protected. I would like to give a brief example and end on that note.

The right to unionize is for the most part respected in Canada and Quebec. The closing of the Walmart in Jonquière showed us that there are still shortcomings in the law, but we do unionize to a certain extent in Canada, Quebec and the United States. It is different in Europe. We are not asking others to do as we do, we are asking them to respect a right. For the time being, this does not seem possible for Panama.

Canada-Panama Free Trade ActGovernment Orders

September 30th, 2010 / 12:20 p.m.
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NDP

John Rafferty NDP Thunder Bay—Rainy River, ON

Madam Speaker, it appears that the Conservative government and the Liberal Party are intent on building a free trade platform that provides corporations with additional powers and indeed with incentives. It would give them the right to challenge Canadian regulations and standards and shape trade to serve their needs, and not necessarily in the public interest.

My colleague talked about being in such a hurry for this trade agreement to go through. I would like to ask my colleague, why does he think the Conservative government and the Liberal Party are in such a rush to allow multinational corporations to leverage additional power, and in his case, to leverage additional power over the Quebec government?

Canada-Panama Free Trade ActGovernment Orders

September 30th, 2010 / 12:20 p.m.
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Bloc

Pierre Paquette Bloc Joliette, QC

Madam Speaker, I thank the hon. member for his question.

I too have to wonder about this, but it seems to be the strategy chosen by the Canadian government. I was talking about Colombia. While the United States-Colombia free trade agreement was debated at length in the U.S. Congress, here, the Conservatives tried to impose it by shoving it down our throats. The same goes for the agreement with Panama. Discussions are currently underway between the United States and Panama. I believe they have agreed to enter into a free trade agreement, but there will be a ratification process that is much more involved than what we have at this time. This stems from several problems, but I will mention only one, specifically, the fact that free trade agreements are negotiated by the government, by the executive. We, as parliamentarians, have no influence over these agreements, except when an implementation act affects Canadian legislation.

In the case of chapter 11, for instance, we have no influence, either as a committee or as parliamentarians. It was negotiated by the government, the executive, and from a legislative standpoint, parliamentarians cannot add a thing, except very indirectly. What we need in order to have a process that is at least equivalent to that of the United States is a process to ensure that before any free trade agreement is signed with any country—Panama, in this case—a debate would have to be held here in this House and the House of Commons would have to give the executive the mandate to negotiate that agreement. Unfortunately, this is not possible for treaties at present. Let us hope that, for democracy's sake, the ratification process will be taken further.

Canada-Panama Free Trade ActGovernment Orders

September 30th, 2010 / 12:20 p.m.
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Bloc

Guy André Bloc Berthier—Maskinongé, QC

Madam Speaker, before asking my brief question, I would like to congratulate the member for Joliette on his excellent speech, which summarized the Bloc's thoughts on free trade agreements.

I would like to ask my colleague how this government—the last I heard, it wanted to lead a fight against tax shelters—can sign this agreement with a country that is considered to be a tax haven. I would like him to specifically address the impact these tax havens have on the tax revenue Quebec or Canada could bring in to improve our healthcare and education systems. There is enormous pressure to privatize these systems because of a lack of tax revenue.

Canada-Panama Free Trade ActGovernment Orders

September 30th, 2010 / 12:25 p.m.
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Bloc

Pierre Paquette Bloc Joliette, QC

Madam Speaker, I will answer the last question. Canadian banks are required to disclose how much the federal and provincial governments lose as a result of the banks' use of tax havens. Last year, the annual reports of Canada's banks showed that $2 billion was lost because the banks take advantage of havens. We are talking about several billion dollars that is being paid by the middle class and by taxpayers—businesses or individuals—who are not able to pay accountants and lawyers to take advantage of these havens themselves. That is completely anti-democratic.

Canada-Panama Free Trade ActGovernment Orders

September 30th, 2010 / 12:25 p.m.
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NDP

Bruce Hyer NDP Thunder Bay—Superior North, ON

Madam Speaker, I am not an expert in foreign trade, although I am a person with a small business and I do some foreign trading in a variety of forums. I am a forester and a biologist, and I am still listening and learning in this debate.

However, I am alarmed about what I hear about Bill C-46. Despite popular mythology, the NDP is not protectionist. The NDP believes in trade and the jobs that are created by trade, but we believe in fair trade, trade that is fair to all parties, all Canadians, not just large multinationals but fair to average Canadian citizens, to our middle class, our working people, people with small businesses, trade that is fair to workers and fair in the area of women's equity.

Forget about Latin American countries, where they have far to go. Canada still has huge gaps in pay equity, which is shameful. We believe in trade that is fair to farmers, especially farmers of small and medium size farms across Canada.

My area of expertise is in the environment and I am concerned about fairness to the environment, not only the Canadian environment but also the global environment.

Fair trade would be fair in the areas of clean water, water quality, surface water, ground water and especially drinking water, which should be a basic human right and not traded away in trade agreements anywhere. I believe in trade that is fair to air quality, which we now realize is a global concern and not just an urban concern. I believe in trade that is fair to biodiversity. We have important biodiversity in Canada, but in Panama it is amazing. It has over 10,000 documented species in Panama, but almost 1,300 of those are found nowhere else in the world. I am concerned that in our rush to promote multinationals, in promoting quick development in Panama, that we will put many of these species and rare diverse ecosystems, forested ecosystems at risk.

Canada has its own endangered species and biodiversity problems. Some of them are very small and very little known and some of them are quite well known, like grizzlies, wolverines and polar bears.

Speaking of polar bears, I am concerned about the entire lack in Bill C-46 and the proposed treaty to do anything about concerns of greenhouse gases and global climate change.

As many of us recognize increasingly that the Conservative government is more interested in protecting the rights and benefits for large multinationals, especially big banks and big oil companies.

In the name of big oil and the Conservatives attachment to it, several decades ago they brought us NAFTA. As we know, the Liberals won a majority election by promising to scrap NAFTA, but they did not keep their word.

Now the Conservatives, through a series of serial bilateral NAFTA-style agreements, are pandering to the aspirations of those large multinationals with which they seem to see as their main client base.

This template is well documented and forecasted in Naomi Klein's book, The Shock Doctrine. Every Canadian who can read should read Naomi Klein's book. It is alarming, it is prescient and it should be required reading.

As we can see, the Bill C-46 treaty will move this agenda one step forward. It is a small step, a small country and a small portion of our trade, but it is part of a disturbing trend.

Let us talk about a few specifics.

With respect to the area of market access, an important part of this treaty, Bill C-46 would eliminate all non-agricultural tariffs in to and out of Canada. It would eliminate most agricultural tariffs either immediately or within the next five to ten years.

Let me get back to the environment and some of the wording in the proposed bill.

The bill promises not to weaken environmental regulations. As we know, environmental regulations in Canada are already disturbingly weak, but in Panama they are virtually nonexistent. Bill C-46 proposes to enforce existing regulations. In theory that sounds great, but, again, Canada is already doing little in the area of environmental enforcement. Panama has virtually no environmental enforcement.

In the area of disputes, Bill C-46 proposes to hold consultations, information exchanges. We have seen these kinds of words before in Conservative legislation and we know what kind of commitment to protecting our environment, or Panama's environment or the world's environment for that matter, would entail.

Where is this free trade agreement and other various free trade agreements that the Conservative government has been signing not fair?

Let me talk about some of the problems with so-called U.S.A.-Canada relations. Very few Canadians, and even some members of Parliament, know that the nominal tax rate for large corporations in the United States is 36%. Very few know that in Canada, under the Conservatives, it has been reduced to 18%, half of the U.S. rate.

That has been justified by those who know about it and agree with it. They claim it is an alleged stimulus to investment, but that investment has not occurred in Canada. The moneys from those huge tax breaks to big corporations has moved out of Canada into the U.S. and into various tax havens, including Panama. That investment simply has not occurred in Canada.

I can understand having slightly lower tax rates than the United States, but half the large corporate tax rate? How will we continue to pay for our health care system? How will we continue to invest in the technologies and industries of the future, such as clean energy, sustainable energy?

Let us talk about another aspect of the bad NAFTA agreement and a bad softwood lumber deal.

The U.S. has rolled over our economies in many of the areas that are covered by NAFTA, which is most of our areas. It has exported jobs from Canada. It has exported natural resources in low value-added form, in the form of minerals, trees, cereal grains and other crops and especially in the area of oil.

Under NAFTA, we can either do as we are doing now, which is giving the United States relatively low cost oil, but we have to charge ourselves the same for that oil. We cannot take advantage of our natural asset, sell it at the world price and sell it to ourselves at a reasonable cost that Canadians can afford to foster economic development in Canada.

Canada could choose to be 100% self-reliant on oil and energy, but we export about half of it to the United States and import roughly the same amount from places like Saudi Arabia and Venezuela. Most of the oil that runs our cars and heats our homes in eastern Canada comes from those places. It does not come from our west at an affordable price with a guaranteed supply for the future. Rather it is imported from other places so large multinational oil corporations benefit by exporting those jobs and those litres of oil to the United States.

The government does not believe in fair trade on oil. It does not believe in fair trade on energy self-sufficiency. It does not believe in fair trade on Canadian autonomy.

Let us go back to Panama and why I and my party are inclined to oppose Bill C-46.

Panama is a well-known source of drugs. It is a well-known tax haven for those wealthy multinational corporations and wealthy tax-avoiding Canadians, whose interests the Conservatives seem to be placing paramount.

It seems this is a new opportunity for the Conservatives, with the passive support of the Liberals, to export lost tax dollars, low value-added resources and hundreds of thousands of jobs: manufacturing jobs, real jobs, productive jobs, jobs that can support a family, jobs that can support the Canadian health care system.

The Conservative initiative in Bill C-46 is one more new opportunity, it seems, in a small, symbolic but worrisome way, to sabotage Canadian regulations, autonomy, health care and Canadian labour standards. The labour agreement here is not in the treaty itself; it is a side agreement. The side agreement has no effective mechanism to protect our labour rights, not to mention the labour rights in Panama.

The side agreement on the environment for this Panama treaty will unfortunately continue the degradation of the natural environment not only in Panama, but probably will help to continue the stagnation of dealing effectively with our environmental degradation. It is a side deal with no teeth.

Let us talk about tax havens. In 2000 the Organisation for Economic Co-operation and Development, the OECD, blacklisted Panama as, “An unco-operative tax haven”. In 2008 Panama was one of only 11 countries with no tax sharing information.

I would like to ask a large question, much bigger than Panama, much bigger than Bill C-46. What is happening to our Canada under this Conservative government?

In looking at the past Conservative government of Brian Mulroney, if one liked Mulroney, then one would love the current government. It is moving faster and more effectively to undercut the core of Canadian values, jobs and autonomy.

We have half the large corporate tax rate in Canada than what there is in the United States, 36% versus 18%. We have a huge growth in Canada, in a time of fiscal difficulty, of banks, big oil, their executives and a variety of speculative traders.

Canada has a huge growth in unemployment, especially in real full-time jobs. Those are not the part-time, or underground jobs. Those are not the jobs of people scrambling to survive after they have given up trying to look for real jobs, which are not even reflected in the statistical figures anymore. These are the kinds of jobs that will support families, mortgages and a university education. The quality of life that Canadians have come to expect for decades is eroding. We have a huge loss in Canada of our middle class.

The Conservatives have been doing a wonderful job of distracting Canadians, distracting the media, and distracting the House of Commons with wedge issues. There was a huge one last week. Wake up, Canadians. Wake up, parliamentarians.

As I said, Naomi Klein, in The Shock Doctrine, does a good job of documenting the blueprint for this plan. If members have not read it, I urge them to read it. It documents the right-wing agenda, which is clear. It is as clear as Das Kapital. It is as clear as what was in Mein Kampf.

I would like to recommend another book, called The Spirit Level. The Spirit Level is by Wilkinson and Pickett. Wilkinson and Pickett are epidemiologists and statisticians, and The Sprit Level is full of graphs. It does not sound very interesting, does it? However, it is fascinating.

The Spirit Level documents scientifically what many of us have known for decades, which is that trickle-down economics is baloney. Wilkinson and Pickett, in The Spirit Level, have taken the figures and facts from the United Nations and other data sources for all the developed wealthy countries of the world and have shown clearly that the best countries in the world to live in are the Scandinavian countries. When it comes to health, happiness, fairness, equitableness, crime, and prisons, the United States heads the list of the worst developed country in the world in which to live.

They do a wonderful job of showing how that is highly correlated with the gap in income in those countries. Those countries that have a reasonable gap in income between the bottom 20% and the top 20% are happy, healthy countries. They are the Scandinavian countries, some of the European countries, and Japan.

On the other hand, countries such as the United States, Portugal, and others have a huge gap and a growing gap.

Where is Canada in that spectrum? Canada is right in the middle. We are halfway between the Scandinavian countries and the United States in terms of happiness, welfare, and quality of life, and we are also halfway between those countries in terms of the spread of income.

My question for this Parliament, for Canadians, is this: Do we want to drift or be driven, as is happening now, closer to the U.S. greed-based model, with its excessive gaps in income, or do we want to move back toward the Scandinavian model that has done such a good job of providing employment, wealth, happiness, and security for Scandinavians?

The last thing I would like to say is that Panama is less than one-tenth of 1% of our trade. It is pretty minuscule. In 2008, we had a trade surplus. We exported $128 million, and Panama exported $21 million to Canada. It has been going down since 2008, though. In 2009, it was $91 million and $41 million. The trend throughout Latin America has been that the balance-of-trade deficit is getting worse for us.

As we make hard decisions in this act, over how many months and years and coming elections, I hope we will give real consideration to how we get back to fair trade rather than alleged free trade and to how we get back to a Canada that has values based on a middle class and full employment.

Canada-Panama Free Trade ActGovernment Orders

September 30th, 2010 / 12:45 p.m.
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Conservative

Kevin Sorenson Conservative Crowfoot, AB

Madam Speaker, I am not certain about how to really begin. I am very disappointed by what I just heard from the member. I commend him for the way he presented his speech. He did it in a calm way, which is different from other NDP members whom we have seen today. His approach was fairly calm, but his substance I found quite offensive.

The member stands in this House and says, “Wake up, Canadians. You are being sabotaged. The autonomy of your country is at stake. Your health care here in Canada is at stake. All labour agreements are at stake. The well-being of every Canadian is at stake”. I find that offensive. He points to this legislation, as well as at the government, and says that everything about Canada is bad.

We look around and we see that Canada is coming out of this recession in probably the best position of any other country, and the member stands here painting a picture of nothing but doom and gloom.

I believe that one of the problems of this House is that many times we really begin to believe our own rhetoric. I would ask the member to simply calm down a bit.

The government believes in free trade. The Panama free trade agreement is here to enhance the environmental and labour practices of both countries, and agreements have been negotiated to do that.

Is it because of his frustration with Canada that he does not want to have us influence that country and continue to enhance trade?

Canada-Panama Free Trade ActGovernment Orders

September 30th, 2010 / 12:45 p.m.
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NDP

Bruce Hyer NDP Thunder Bay—Superior North, ON

Madam Speaker, I believe that most of the members of this House believe in the kinds of traditional values that have helped Canada become the wonderful country it has been for a century and a half and beyond, but I think we are in trouble. I am going to stand by my comments.

Our middle class is disappearing. We have increased poverty. The gap in income is growing, and I unfortunately believe that most, perhaps not all, people who stand on that side of the aisle believe that the model we need for the future is one of greed. It is a U.S.-based model. It is a so-called free trade model. It is one on which we will just have to agree to disagree, and I just hope that in the future, Canadians will vote for parties that believe in more equity and more fairness.

Canada-Panama Free Trade ActGovernment Orders

September 30th, 2010 / 12:45 p.m.
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Liberal

John McCallum Liberal Markham—Unionville, ON

Madam Speaker, I have said before that I find the NDP approach to economic policy, to put it politely, a bit old fashioned. I am curious. It has consistently opposed free trade, which is wrong-headed in general.

My question is very simple. Is there any country in the world, any country on this planet, with which the NDP would favour free trade with Canada?

Canada-Panama Free Trade ActGovernment Orders

September 30th, 2010 / 12:45 p.m.
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NDP

Bruce Hyer NDP Thunder Bay—Superior North, ON

Madam Speaker, time is limited, so I will keep my response short.

The countries that obey and follow the precepts of the United Nations Universal Declaration of Human Rights would be basic ones. The ones in which the gaps in income, as indicated in the book The Spirit Level, which I mentioned, are reasonable and moderate I would say are the countries we want to trade with.

Canada-Panama Free Trade ActGovernment Orders

September 30th, 2010 / 12:50 p.m.
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Conservative

Kevin Sorenson Conservative Crowfoot, AB

Name one country. Just name one.

Canada-Panama Free Trade ActGovernment Orders

September 30th, 2010 / 12:50 p.m.
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Liberal

John McCallum Liberal Markham—Unionville, ON

Name one.

Canada-Panama Free Trade ActGovernment Orders

September 30th, 2010 / 12:50 p.m.
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NDP

Olivia Chow NDP Trinity—Spadina, ON

Japan.

Canada-Panama Free Trade ActGovernment Orders

September 30th, 2010 / 12:50 p.m.
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NDP

Bruce Hyer NDP Thunder Bay—Superior North, ON

There is Scandinavia, Japan, and the list goes on. There are many.