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 29th, 2010 / 4:15 p.m.
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NDP

Chris Charlton NDP Hamilton Mountain, ON

Madam Speaker, as my colleague will know, for us the issue is not so much about being for or against trade. The issue is whether one is for free trade or fair trade. For us that is what the central focus of the debate ought to be.

I am pleased to tell members of the House that the member for Burnaby—New Westminster will soon be tabling a bill in the House on fair trade. For us it is absolutely key that in any free trade agreements there be respect for the environment in all of the trade dealings. There must be respect for the economy; trade agreements must be economically viable. Trade agreements also must have respect for human rights and social justice.

In July there was a new wave of anti-union repression in Panama, resulting in several workers killed, over 100 injured and over 300 arrested. When I look at the labour side agreements that are part of all of these bilateral agreements the Conservative government is signing, it really worries me because labour is never a part of the formal agreement. It is always in a side agreement.

Much like we saw in the trade agreement with Colombia, what we see here again is a provision that says, “kill a worker, pay a fine”.

Does the hon. member really think that the labour side agreement is enough to persuade her that this is not just a free trade agreement, but that it is a fair trade agreement as well? Does she have enough concerns about these issues to deal with them effectively in committee?

Canada-Panama Free Trade ActGovernment Orders

September 29th, 2010 / 4:15 p.m.
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Liberal

Martha Hall Findlay Liberal Willowdale, ON

Madam Speaker, of course we are concerned about fair trade. Of course we are concerned about human rights. I will say two things. That is exactly the kind of thing I look forward to having discussed at committee. That is exactly what the committee process is for, but I will also say that we do not rely just on the fact of specific words in a specific agreement or a side agreement. We of course do that. That is why we do them. That is why we encourage agreements on labour specifically. That is why we encourage agreements on the environment. We want to have those agreements. They are part of the discussion.

However, I cannot stress enough to my colleague that the fundamental philosophy we have here is that when we engage in free trade, the freer trade encourages a freer flow of information, a freer flow of ideas, a freer exchange of people, whether it is through business, whether it is through clients or whether it is through education exchanges that are spurred on by those business activities.

The situation in Panama in terms of labour rights and all of the things that happen domestically is up to Panamanians. The opportunity Canada has is to open those doors and windows wider so that we can engage even more fully. The people of Panama can themselves see the opportunities and the examples that Canada has to show. Again, as I said in my speech, not in some paternalistic way, not with some we know best attitude, but by showing by example there are opportunities for improvement and that it is not just coming from specific language and specific agreements, it comes from the entire philosophy that greater engagement will encourage greater exchange of people, of ideas, of information. That will give Canada and Canadians an opportunity in their engagement with Panama and Panamanians to have the Panamanians look for improvements wherever those improvements can be found.

Canada-Panama Free Trade ActGovernment Orders

September 29th, 2010 / 4:15 p.m.
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Bloc

Jean-Yves Laforest Bloc Saint-Maurice—Champlain, QC

Madam Speaker, I am pleased to speak on behalf of the Bloc Québécois to Bill C-46 to implement the agreement negotiated by representatives of the Department of Foreign Affairs and International Trade with the Government of Panama. We oppose this free trade agreement. It is not that the Bloc Québécois is against free trade and free trade agreements, but in this case, there are strong reasons that justify our opposition.

Panama has one of the most well-developed economies in Central America. However, the Bloc Québécois does not believe we should ratify a free trade agreement with Panama when it is still on the OECD's grey list of tax havens. Every country turns to that organization for that list; it is used as a reference. People at the OECD evaluate different criteria with regard to tax havens, which I will say more about later.

We asked departmental representatives a few questions. They said that Canada is currently negotiating a tax treaty with Panama in order to tighten the rules on banking transparency to better combat tax evasion. However, there is no mention anywhere of such a treaty with Panama in the Department of Finance's register of tax treaties currently in effect or under negotiation.

It is clear to us that Panama is still on the OECD grey list and France's blacklist of countries that promote tax evasion. That is the major reason we oppose such an agreement.

The other reason we object to implementing this free trade agreement is that we do not get the impression that workers' rights are very well protected in Panama. In June 2010, the right-wing government of Ricardo Martinelli passed Law 30, which is considered to be anti-union. This law is said to include labour code reform that is seen as repressive since it would criminalize workers who demonstrate to defend their rights.

On August 5, the Panamanian government agreed to review this law, but we have every reason to be concerned about the desire of the Martinelli government to respect the conventions of the International Labour Organization integrated into the side agreement on labour standards.

For these two major reasons—which we will look at again in more detail—we believe that we should delay the ratification of the free trade agreement, in light of the adoption of Law 30, with which the Panamanian government has taken a real step backwards.

Although two days ago we were talking about the Canada-Jordan free trade agreement—Bill C-8—which we were in favour of, we do not agree with the Conservative government's strategy of focusing on bilateral agreements instead of multilateral ones, which are preferred by the Bloc, as we said yesterday.

The Bloc Québécois believes that a multilateral approach is more effective for the development of more equitable trade that protects the interests of all nations.

I would like to come back to the issue of respect for human and labour rights in Panama. Human rights are guaranteed by the Constitution, and in general, they are respected. That is a fact. However, the judicial system still has a number of problems in Panama, including the conditions of imprisonment, the length of preventive detention, corruption, and the lack of independence of the judicial system. In rural areas, there are problems with child labour and with indigenous communities and marginalized ethnic minorities, as well as discrimination against women.

In recent months, Panama has seen a wave of what is considered to be anti-union repression. Sources estimate that between two and six people died, and about a hundred were injured during violent protests that followed the June 2010 adoption of Law 30, known as the “sausage bill”, because it contains all kinds of reforms, such as reforms to the labour code and to environmental legislation.

The reform of the labour code is seen as repressive, because it would make it a crime for workers to demonstrate to defend their rights.

Some of the country's environmental groups submitted an application for support to the UN environment program to convince the Panamanian government to review changes that will diminish the state's ability to preserve its natural resources.

Unions have asked for support from the international labour federations while the Inter-American Commission on Human Rights is asking for an investigation of police brutality during protests against Law 30 in July 2010. According to our sources, the Panamanian government is conducting its own investigation.

On July 14, 2010, the International Trade Union Confederation, together with its affiliated organizations in Panama, firmly condemned violent repression of the strike movement by workers and demanded the immediate repeal of “the controversial Law 30, which has become a licence to kill for the police, creating a climate of extreme violence” among the people. I am quoting from the article entitled “New Panamanian Law Threatens Environment and Human Rights.”

On August 5, the Panamanian government agreed to review the law. We should monitor this issue before going any further. Otherwise, after signing the agreement, Canadian corporations may find that they are damaging the environment or contravening the International Labour Organization's core convention, C87. That is rather important.

I will now return to the issue of Panama being a tax haven on France's blacklist and the OECD grey list. The latter lists countries that have committed to exchanging tax information but that have not substantially implemented the rules.

Section 26 of the OECD model tax convention provides the most generally accepted standard for the bilateral exchange of tax information.

There is no indication, on the Department of Finance web site of treaties and conventions, that an information exchange agreement is being negotiated with Panama.

Before entering into the Canada-Panama free trade agreement, the Conservative government absolutely must sign a tax information exchange agreement with Panama and this agreement must not allow subsidiaries located in the targeted jurisdictions to be tax exempt.

Obviously, it is important that this agreement be concluded, negotiated, drafted and signed before finalizing the free trade agreement. It is also clear that, under such an agreement, corporations cannot use their presence in Panama to justify tax evasion. For the Bloc Québécois, it is entirely inconceivable that we would be associated with such a practice.

With this free trade agreement, we will likely see more trade and a significant increase in Canadian investment in Panama. We will see more taxpayers, both individuals and businesses, earning income in both Canada and in Panama. That is why it is essential for the Government of Canada and Panama to sign the type of information exchange agreements I was talking about earlier.

Since Panama is a tax haven, such a free trade agreement would become an invitation to evade taxes, or use loopholes in the law to help a taxpayer avoid paying a tax he or she normally should.

At the end of the day, should a free trade agreement promote tax evasion? It is a very serious question because we would not want Canada to inadvertently promote investments that encourage tax evasion under the pretext of concluding more trade agreements and lowering taxes. That makes absolutely no sense.

For example, a company whose income would be legally taxed according to the rate in effect in Panama would be tempted to set up a business structure to take advantage of this near-zero tax rate.

The Conservative government is already signing tax treaties with tax havens and we all know it. The Bloc Québécois absolutely believes that we need to be vigilant because in June 2010 the government signed tax information exchange agreements based on the OECD model with eight jurisdictions: Bahamas, Bermuda, Dominica, the Cayman Islands, Turks and Caicos, St. Lucia, St. Kitts and Nevis, and St. Vincent and the Grenadines.

This information tells us that we absolutely must be careful; the Conservative government absolutely must avoid putting Canada in a position, once again, of promoting tax evasion, when there are plenty of workers in Quebec and Canada who can barely manage because they have to pay their taxes.

In La Presse on July 6, 2010, we read:

In return for these agreements, Canada seems to have given these jurisdictions an advantage. Subsidiaries of active Canadian companies domiciled in these islands can effectively repatriate their foreign profits to Canada tax free.

Bermuda, Bahamas and the other islands will thereby have a similar status to Barbados, which has been the only tax haven to have this privilege.

It is high time we gave ourselves a real policy of multilateralism.

The current course of globalization, a phenomenon bearing both great hope and great injustice, must be redirected. Disparity between rich and poor, the failure to respect rights and freedoms and the lack of regulations on the environment and labour give rise more to despair than to hope.

Openness to trade and the establishment of international regulations to counter protectionism and protect investment are good things that the Bloc supports. That does not mean that trade rules should have precedence over the common good and the ability of governments to redistribute wealth, to protect their environment and culture and to offer their citizens basic public services such as health care and education. These fundamental elements must always take precedence over any trade that we establish in order to increase our exports. These basic criteria must guide our negotiations and intentions to sign free trade agreements with other countries.

Quebec is a trading nation. Our companies, and especially our cutting-edge companies, could not survive on just the domestic market. International exports account for one-third of Quebec's GDP. If interprovincial trade is added, exports represented 52% of Quebec's GDP in 2005.

Protectionism is not in our interests, and that is why Quebec, and Quebec sovereignists in particular, massively supported the free trade agreement with the United States and then NAFTA.

That is also why the Bloc Québécois was the first party in the House of Commons to call for a free trade agreement with the EU.

Then again, it would be naive and false to claim that everything is just fine, in the best of all possible worlds. While freer trade has led to greater wealth overall, it has also produced its share of losers. And that is unfortunate.

The trade environment has worsened considerably over the last few years, and we must take that factor into account. Between 2003 and 2007, Quebec went from a large trade surplus to a $13 billion deficit. In 2006, every Quebecker therefore consumed $2,000 more than he or she produced. And this only covers our international trade balance; another $5 billion deficit must be added in interprovincial trade, which also made us considerably poorer.

The result of this trade deficit is that our manufacturing sector has become dangerously weak. Between 2003 and 2007, it lost nearly 150,000 jobs, which was nearly all the jobs lost in this sector in Canada, including 65,000 lost since the Conservatives came to power, mainly because of foreign competition and a strong Canadian dollar. Trade liberalization can only be profitable if it is guided by certain rules; otherwise, it is a race to the bottom.

For a long time, Canada's trade policy was simply to improve access to foreign markets. From that perspective, it has been very successful. Today a majority of products, over 80% of world trade, flow freely.

However, we are now beginning to see the downside of unbridled liberalization: heavy pressure on our industry, offshoring and trade agreements that amount to a licence to exploit people and the environment in developing countries. The trade environment has changed in recent years and as far as Quebec is concerned, it is not for the better.

Joseph Stiglitz, Nobel Prize winner in economics and former vice-president of the World Bank, had this to say when he received his honorary doctorate from Université de Louvain on February 3, 2003:

As our interdependence has increased, we have discovered that we need rules to govern the process of globalization and to create institutions to help it function. Unfortunately, these rules are too often established by the rich countries to serve their own interests and especially individual interests within these countries.

The Bloc Québécois is proposing a change in Canada's trade priorities. Canada should now shift its focus from trade liberalization to creating a more level playing field. The Bloc Québécois believes that our trade policy must focus on fair globalization, not the shameless pursuit of profit at the expense of people and the environment.

That is the Bloc Québécois' position on Bill C-46.

Canada-Panama Free Trade ActGovernment Orders

September 29th, 2010 / 4:35 p.m.
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Conservative

Randy Hoback Conservative Prince Albert, SK

Madam Speaker, I understand the Panamanian government is planning a $5.3 billion expansion of the Panama Canal. This is in addition to $13.6 billion in investment planning, including $1.5 billion for a new metro system in Panama City.

I understand the hon. member plans to oppose the free trade agreement, even though it will provide Canadian companies, which are known all over the world for their great products, the guaranteed ability to bid on these projects.

The member says he thinks the government is moving too fast with this bill. I wonder if he would say the same thing to the workers, many of whom live in Quebec, employed by the companies he wants to prevent, by delaying or opposing this bill, from bidding on the nearly $19 billion in government procurement contracts in Panama. Can he explain that to the people of Quebec? Can he explain it to me here in the House?

This is a great opportunity for Canadian companies, for companies in Quebec. Why would he object to that? Can he explain this to me?

Canada-Panama Free Trade ActGovernment Orders

September 29th, 2010 / 4:35 p.m.
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Bloc

Jean-Yves Laforest Bloc Saint-Maurice—Champlain, QC

Madam Speaker, the Bloc Québécois is opposed to this free trade agreement because it does not completely safeguard the workers in Panama today. If implemented, this agreement will allow some companies to set up shop there to evade taxes. Quebec workers would see companies take advantage of a free trade agreement to avoid their obligation to pay taxes here in Canada.

Quebec workers and the people of Quebec know what is what, and they will have no trouble understanding why the Bloc Québécois is opposed to this free trade agreement.

Canada-Panama Free Trade ActGovernment Orders

September 29th, 2010 / 4:40 p.m.
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Liberal

Martha Hall Findlay Liberal Willowdale, ON

Madam Speaker, I would simply like to ask my colleague whether the Bloc members are dead set against this agreement. Perhaps in committee we could try to determine where the problems are and fix them. Can my colleague tell me whether his party is completely unwilling to discuss this in committee? Perhaps there is a way to amend the agreement to address the issues my colleague spoke about.

Will the Bloc Québécois completely reject this bill or will it participate in committee discussions?

Canada-Panama Free Trade ActGovernment Orders

September 29th, 2010 / 4:40 p.m.
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Bloc

Jean-Yves Laforest Bloc Saint-Maurice—Champlain, QC

Madam Speaker, I do not get the impression that my colleague would be able to tell me whether the OECD will take Panama off the grey list of countries that promote tax evasion for companies investing in Panama.

All of these questions are hypothetical. The main objections we have voiced are in relation to that. I said that Panama is considered to be a country that openly promotes tax evasion. In addition, it has not yet passed laws or taken the necessary measures to protect all its workers.

Canada-Panama Free Trade ActGovernment Orders

September 29th, 2010 / 4:40 p.m.
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NDP

Chris Charlton NDP Hamilton Mountain, ON

Madam Speaker, I have listened to the Bloc, the Liberals, and the Conservatives talk about this trade agreement.

Let us keep in mind what is at stake here. Right now, as the minister said, the trade amounts to $130 million. That is one-tenth of what it cost for security at the G8 and G20.

We are talking about an agreement that is fundamentally flawed, an agreement that gives rise to huge concerns about human rights, environmental protection, and fair trade. I do not think we need to blow this out of proportion and say it is going to be the be-all and end-all for saving the Canadian economy.

I want to ask the member about a concern that has been raised with respect to where some Canadian investments may be headed, namely, the mining sector. I have heard from many people who are actively engaged with the Canadian Catholic Organization for Development and Peace, which has been following these trade agreements closely because they are concerned about what Canadian mining corporations are doing in the global south, particularly when it comes to environmental matters, indigenous peoples, and labour laws.

I wonder if the member has heard from any of his constituents, particularly from the organization I just mentioned, and whether he might be able to comment.

Canada-Panama Free Trade ActGovernment Orders

September 29th, 2010 / 4:40 p.m.
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Bloc

Jean-Yves Laforest Bloc Saint-Maurice—Champlain, QC

Madam Speaker, I would like to thank my colleague for her question

Unfortunately, I did not hear the minister's presentation. I do not know how they make their plans, but the Standing Committee on International Trade was meeting just as the first debate got under way concerning this international trade bill. Perhaps they could have watched out for that kind of overlap, since they create the agenda. However, as for her question, even though I did not hear the minister, we have seen how the organizations that she mentioned, ones that defend people, see very dangerous gaps in terms of respect for human rights in various countries. We saw how the Conservatives acted during the debate about the free trade agreement with Colombia, when there were numerous presentations from people who came from all over, including Colombia. NGOs also came to testify that workers are under tremendous pressure and are also victims of relocation by mining companies. There are Canadian mining companies that are not respecting these workers' rights or the rights of the local populations in general. I cannot imagine that they have changed overnight. I think that they still have the same listening technique, which means that they choose not to hear the pleas of these people.

Canada-Panama Free Trade ActGovernment Orders

September 29th, 2010 / 4:45 p.m.
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Conservative

Harold Albrecht Conservative Kitchener—Conestoga, ON

Madam Speaker, the member raises questions about guarantees for workers. The provisions of this agreement do cover a wide range of issues that would protect workers, such as, the abolition of child labour, the freedom of association, the rights of collective bargaining, the elimination of forced or compulsory labour and many other initiatives that would protect workers.

Why would the Bloc member and the Bloc as a whole oppose guarantees for Canadian workers, like the guarantee that Canadian companies would now be able to bid on infrastructure projects in Panama, projects that could total as much as $19 billion.

Canada-Panama Free Trade ActGovernment Orders

September 29th, 2010 / 4:45 p.m.
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Bloc

Jean-Yves Laforest Bloc Saint-Maurice—Champlain, QC

Madam Speaker, with respect to workers' rights, I mentioned earlier that as long as we do not have proof that the government of Panama has backed off—although it has announced its intentions—on Law 30, which was passed last spring and is considered to be anti-union legislation that prohibits union protests, I think that we can say that there would be serious risks if the free trade agreement with Panama were adopted. If it were adopted, there is a serious danger that Canadian companies could be put in a situation where they would violate core convention 87 of the International Labour Organization.

Canada-Panama Free Trade ActGovernment Orders

September 29th, 2010 / 4:45 p.m.
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Bloc

Serge Cardin Bloc Sherbrooke, QC

Madam Speaker, my colleague mentioned the free trade agreement with Colombia. Members will recall that in the beginning, when we examined this issue, the Liberals agreed with us. As leadership changes were made, the Liberals started disagreeing with the Bloc and supported the agreement. We see today that they support the free trade agreement with Panama, so they support the Conservatives as well.

Do they see a chance for power and want to meet the demands of industries, financiers and businesspeople?

I would like to ask my colleague whether an impact study was provided to members in committee, as it was with previous agreements, so that the members could carefully examine the impact on our businesses here, our businesses abroad, our businesses in Panama, human rights and the environment.

Canada-Panama Free Trade ActGovernment Orders

September 29th, 2010 / 4:45 p.m.
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Bloc

Jean-Yves Laforest Bloc Saint-Maurice—Champlain, QC

Madam Speaker, very quickly, I have never seen a political party change its tune faster than what we saw this spring concerning the free trade agreement with Colombia.

To answer his second question, we have not received any impact studies or anything of the sort in committee. We are not yet in committee.

Canada-Panama Free Trade ActGovernment Orders

September 29th, 2010 / 4:45 p.m.
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NDP

The Acting Speaker NDP Denise Savoie

Before resuming debate, it is my duty pursuant to Standing Order 38 to inform the House that the questions to be raised tonight at the time of adjournment are as follows: the hon. member for Vancouver Quadra, the environment; the hon. member for Cape Breton—Canso, Public Safety.

Resuming debate. The hon. member for Hamilton Mountain.

Canada-Panama Free Trade ActGovernment Orders

September 29th, 2010 / 4:50 p.m.
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NDP

Chris Charlton NDP Hamilton Mountain, ON

Madam Speaker, I am pleased to speak today to the Canada-Panama free trade agreement.

I have to say at the outset, though, that I find it mind-boggling that we are yet again debating a bilateral trade agreement, as if such agreements will somehow magically give us a coherent and smart industrial and economic strategy.

On the contrary, there has been no economic strategy, no real focused trade strategy, and the result has been that most Canadians are worse off now than they were before.

The government simply cannot keep doing these ribbon cuttings for free trade agreements and then expect that its job is done.

This is no small issue. When we look at the last 20 years, since the implementation of the Canada-U.S. Free Trade Agreement, the real income of most Canadian families has gone down, not up. The real incomes of the two-thirds of Canadian families that comprise the middle class and those of the poorest Canadians have gone down right across the country.

The only people who have actually profited and seen an increase in their real income over the past 20 years, when the first of these agreements was implemented, have been the wealthiest of Canadians. The wealthiest 10% have seen their incomes skyrocket. One-fifth of Canadians, the wealthiest 20%, now take home most of the real income in this country.

In fact, as I pointed out in this House on Monday when I spoke about the Canada-Jordan free trade agreement, I remember the arguments being used when the first free trade agreement was being signed between Canada and the U.S. At that time, the management of Stelco, which is now U.S. Steel, a steel manufacturer in my hometown of Hamilton, sent a letter to all the steelworkers in the plant telling them that in the upcoming federal election they should vote for the parties that support free trade because without such a trade deal their jobs would be at stake.

Well, that trade agreement has been in place for decades now and I would defy the government to find a single steelworker who would say that it has been good for his or her job. On the contrary, decent family sustaining jobs are disappearing and they are being replaced by precarious and part-time work.

To imply, therefore, that the free trade agreements that have been brought in by the Liberals and Conservatives have led to instant prosperity is simply false.

Statistics Canada data puts the lie to those pretensions that this is somehow a coherent and smart industrial and economic strategy. Maybe the reason the government is so intent on doing away with the mandatory long form census is that it knows that solid statistical evidence will contradict its mantra of being a good economic manager.

We need to ask about the actual record of the government since it came to power. We saw the softwood lumber sellout, which killed jobs right across this country. We have seen the shipbuilding sellout, where the tiny European country of Liechtenstein actually outmanoeuvred the Conservative government. Of course, there was also the Canada-Colombia free trade deal. All of them point to the fact that the Conservative government's record is abysmal when it comes to protecting Canadian interests.

Meanwhile, our competitors are investing in export promotion support. The United States, Australia and the European Union are spending hundreds of millions of dollars every year in providing support for their export industries and promoting their exports.

In Canada, we spent paltry cents on the dollar compared to other countries like Australia. Australia's total budget for export promotion support is half a billion dollars. Our total budget is a few million. This is what is wrong with the government's approach: it simply does not provide the kinds of supports that other major industrialized countries, our competitors, do.

What we in the NDP have been saying ever since the Conservative government came to power is that it needs to change its approach. The government simply cannot go to these free trade agreement ribbon cuttings and expect that its job is done.

Even if these trade agreements were based on fair trade as opposed to the old NAFTA template, do the trade agreements themselves make a difference? Obviously not, because with a number of these bilateral agreements, our exports in places have actually gone down in those markets after the trade deals were signed. In every case, imports from the countries that we have signed with have gone up. In other words, other countries have managed to profit from the agreements signed with Canada but Canada's exports have actually gone down.

How can we sign an agreement and not have a follow-up strategy to bolster our exports?

The problem with the government's approach is not only that it has no industrial strategy but it also does not have an export oriented focus and it is not willing to invest Canadian government funds in the way that other countries do to bolster their industries.

Instead, our government is allowing the wholesale sell-off of Canada's strategic industries: Stelco, Inco, Alcan, Nortel, Falconbridge, and the list goes on. Canada has already ceded control over aluminum, steel and nickel, and now potash is inching its way toward a foreign sale. It is way past time for the Prime Minister to stop rubber-stamping foreign takeovers and start protecting family supporting jobs and our communities.

I am proud that my NDP colleagues and I have been advocating a buy Canadian strategy. We are the only party in the House to do so. While the Liberals and Conservatives make facile attempts to ridicule us for it, countries like France, the United States and Germany are focused on making precisely such investments in key industries. They are essential for ensuring a strong foundation. Without such a foundation, Canada will continue to lose from the trade deals it signs.

Let us look specifically at the Canada-Panama free trade agreement.

As the NDP labour critic, I will begin by focusing on the labour co-operation agreement, which grandly declares that both countries have committed to ensuring that their laws respect the International Labour Organization's 1998 Declaration on Fundamental Principles and Rights at Work.

The declaration aims to ensure that social progress goes hand-in-hand with economic development and covers the right to freedom of association, the right to collective bargaining, the abolition of child labour, the elimination of forced or compulsory labour and the elimination of discrimination in respect of employment and occupation. That sounds great, except the labour co-operation agreement contains no provisions that would force the signatories to implement the UNs labour standards.

Moreover, the agreement does not prevent Panama from weakening or reducing the protections afforded in domestic labour laws in any future effort it may make to encourage trade or investment. The Canada-Panama FTA contains only one enforceable labour provision: a requirement for the government to adhere to its own labour laws. Unfortunately, there is a significant canard involved in this language.

Panama's labour track record is not good. While unions and collective bargaining are permitted in export processing zones, the International Labour Organization's committee of experts questioned the government as to whether these workers actually have the right to strike.

In August 2007, two construction union members were assassinated while demonstrating for worker's rights. This summer there was a new wave of anti-union repression in Panama, resulting in several workers killed, over 100 injured and over 300 arrested.

Panama's law regulating the EPZs does not include arbitration or specify procedures to resolve labour disputes. Moreover, the U.S. state department noted that child labour continues to be a problem, with violations occurring most frequently in rural areas at harvest time and in the informal sector where many children work as street vendors, shoe shiners, cleaning windows, washing cars, bagging groceries in supermarkets and picking up trash. Clearly, even if Panama plays lip service to upholding ILO and UN labour conventions, it does not walk the talk. This FTA's so-called “dispute settlement system” does little to change that reality. It serves as little more than window dressing.

The maximum government fine for labour violations is capped at $15 million and, to add insult to injury, these funds, in the unlikely circumstance that they will ever be collected, are paid to a joint commission to improve labour rights enforcement, which, in turn, could easily be funnelled back into the Panamanian government's coffers.

Given that the Panamanian labour code does not even apply in export processing zones and that approximately two-thirds of Panamanian workers operate in the informal economy, the remedial power of any labour provisions that might be included in the agreement would be severely limited. In fact, this FTA would ultimately exonerate the signatories from meeting an acceptable human rights standard. To put it in a nut shell, this free trade agreement is bad news for labour.

However, it gets even worse.The agreement is bad news not just for labour, but for every Canadian because Panama is an offshore tax haven for companies that want to evade their Canadian tax obligations. A free trade agreement between Canada and Panama would be a bonanza for big business while leaving individual Canadian taxpayers with an ever-increasing burden for picking up the costs of federal government programs.

Let us take a closer look.

For decades, Panama has adjusted its laws in order to ensure that its business climate is one of the most unregulated in the world. Such lax regulation offers tremendous opportunities for foreign companies interested in dodging fair taxes, exploiting malleable labour regulations and taking advantage of less than transparent reporting requirements.

Panama's level of foreign direct investment has skyrocketed since legislation was passed in 1992, which established export processing zones in a number of locations across the country. Companies from all over the world are welcome to establish factories in these zones from light manufacturing, assembly, high technology and specialized and general services. Companies operating there are exempt from all taxation on imports and exports, sales tax and taxes on capital and assets.

In addition, EPZs are free from all restrictive national labour and immigration standards. Instead, they operate under provisions that are more favourable to foreign companies than the current Panamanian code.

In April 2009, the U.S.-based Public Citizen released a report highlighting Panama's banking secrecy rules and lax financial regulations. Ever since then, there has been much discussion in the media about Panama's status as a top tax haven. All foreign corporations conducting business in Panama are exempt from national taxes, making the country a 100% tax haven, according to the report. It comes as no surprise that over 350,000 foreign registered companies nominally operate from Panama.

In addition to tax exemptions, Panamanian law also makes it easy for multinational corporations to cook the books. According to the Public Citizen report, Panama has one of the world's most restrictive information exchange regimes, which allows the country to withhold information, even within the framework of a criminal investigation. Moreover, extremely strict slander laws can be used to arrest journalists for reporting facts and figures if they do not reflect well on business interests.

This lack of transparency, coupled with a lenient regulatory system governing the country's banking and financial sectors, enables corporations to conceal their financial losses and to engage in off-balance-sheet activities.

Evidence also links Panama's Colon Free Zone, or CFZ, with trafficking of narcotics and other illicit substances, in addition to offshore activities carried on by foreign corporations. Panama's CFZ, which is the second largest free trade zone in the world, provides a centrally located transit area for drugs and related money laundering activities moving up through Mexico to its northern border, according to the International Monetary Fund.

The illicit matters have grown even more controversial since the G20, at its recent conference, decided to crack down on tax havens and to step up financial regulation as key steps toward global financial recovery. In response, the Canada Revenue Agency is working on a new set of rules for voluntary disclosure here in Canada of offshore earnings.

I have criticized these rules elsewhere before. Not only will these rules allow individuals and corporations to admit that they have earned income in offshore bank accounts without facing prosecution for tax evasion, but under the new rules, auditors will only go back 10 years, and account holders will no longer have to explain where the original capital on accounts more than 10 years old came from. That, of course, means that money laundering is now legal in Canada as long as one is patient.

A free trade agreement with Panama would actually make it even more difficult to crack down on tax evasion and money laundering in Panama. The proposed FTA contains provisions that forbid cross-border regulations on financial transactions between Canada and Panama. It would also provide subsidiaries operating in Panama enhanced investor rights that would enable them to challenge any attempt by the Canadian government to monitor or limit financial transactions. In short, if one has tax evasion or money laundering needs, try Panama.

It is time to rethink our approach to global competitiveness. The measure should not be the profitability of Canadian multinational corporations abroad but rather the ability of Canadian-based producers to compete and thrive on Canadian soil in a dynamic global economy. What Canada needs and Canadians deserve is an overall national economic strategy that delivers on the promise of good jobs at home and shared prosperity abroad. The patchwork of trade agreements the Conservatives have brought to this House to date delivers neither.

It is time to stop the ad hoc ribbon cutting across the globe and start afresh in the recognition that our trade policy requires deep reform. In fact, Canadians understand that need better than the Conservative government, and they are getting active on the issue. There is a growing fair trade movement in Canada that is being embraced by individual citizens, schools, academics, unions, activists, religious organizations, and more, all unified by their desire to make the world a better place.

Fair trade is really about making changes to conventional trade, which, as I pointed out, often fails to deliver on promises of sustainable livelihoods and opportunities for people in the poorest countries in the world. Poverty and hardship limit people's choices, while market forces tend to further marginalize and exclude them. This makes them vulnerable to exploitation, whether as farmers and artisans or as hired workers within larger businesses. That two billion of our fellow citizens survive on less than two dollars per day, despite working extremely hard, makes it painfully clear that there is indeed a problem.

Fair trade seeks to change the terms of trade for the products we buy to ensure that the farmers and artisans behind those products get a better deal. Most often this is understood to mean ensuring better prices for producers, but it often includes longer-term and more meaningful trading relationships.

Clearly, Canadians are taking this concept to heart. I want to applaud everyone involved in having their communities certified as Fair Trade Towns. The first city to be awarded Fair Trade Town status in Canada was Wolfville, Nova Scotia, on April 17, 2007.

Since then, additional cities, such as La Pêche, Quebec; Port Colborne, Ontario; Nakusp, B.C.; Golden, B.C.; Gimli, Manitoba; Olds, Alberta; Revelstoke, B.C.; Neuville, Quebec; Mercier-Hochelaga-Maisonneuve, Quebec; Vancouver, B.C.; Barrie, Ontario; Sainte-Anne-de-Bellevue, Quebec; and Canmore, Alberta have all joined, allowing fair trade towns to stretch from coast to coast.

I am proud that my own home town of Hamilton is a fair trade town in progress. We are well on the way to meeting all six goals for achieving fair trade town certification. All of the credit goes to Environment Hamilton and its supporters, who have been tireless in promoting sustainability in our community.

Members of the House may be interested to know that the six criteria for certification are as follows. First is the support of city council. Council has to pass a resolution in support of fair trade and the local campaign including (a) a commitment to purchase only fair trade certified tea, coffee, and sugar and other fair trade certified products, where possible, for all meetings and in offices and cafeterias and (b) a commitment to assign fair trade town responsibilities to a member of staff or committee to ensure continued commitment to its fair trade status.

Achieving this goal has been interrupted by the current municipal campaign in Hamilton, but I am cautiously optimistic that getting the city to commit will not be the most daunting challenge. Of course, the outcome of the election may change that landscape.

Second, communities have to demonstrate that fair trade certified products are available in stores and restaurants. Hamilton is already there.

Third, there must be support from community groups. Again, the support and commitment is already there in Hamilton, and we are now getting people organized around the goal of formal certification of the city.

Four, there needs to be demonstrated public support from both the media and the general public. Those pieces will certainly fall into place in Hamilton as we take the final steps toward certification of the city.

The fifth criterion is that a steering committee be convened that includes wide representation from the community and that commits to achieving two additional targets per year: submitting an annual progress assessment to TransFair Canada, and organizing events for National Fair Trade Week in May of each year. Environment Hamilton has already recruited representatives from local co-ops, faith groups, and retail outlets to join EH on the steering committee, so that is another criterion that has been met.

Lastly, there has to be a commitment to promote ethical and sustainable consumption. This will dovetail nicely with work already being done around the “eat local” campaign and the labour movement's “sweatshop-free” campaign. Again, we are almost there.

I am confident that Hamilton will get its certification as a fair trade town in very short order. When we succeed, we will be the largest municipality in Ontario to have achieved that designation.

Let us put that into the context of the oft-cited phrase of environmentalists, “Think globally, act locally”. Clearly, Hamilton is already acting locally, but the phrase urges people to consider the health of the entire planet when acting in their own communities and cities.

Long before federal agencies began enforcing environmental laws, individuals were coming together to protect habitats and the species that live within them. Now, with respect to trade, grassroots activists are once again way ahead of the federal government. It is time to catch up. It is not overly complicated, and if we make the effort, it will be very easy to engage in fair trade.

There are only three pillars to fair trade: respect for the environment in all dealings, respect for the economy—agreements must be economically viable—and respect for the human rights of the societies involved in trade agreements.

If the Conservative government included these simple but profound guidelines and principles in its international trade policies, Canada's image on the global stage would be transformed, and all Canadians would know that their federal government is finally embracing a trade policy that delivers on the promise of good jobs at home and shared prosperity abroad.

Instead, what I see in the Canada-Panama free trade agreement is a continuation of the patchwork approach of signing bilateral agreements that neither meet the goals of fair trade nor lead toward a comprehensive national economic strategy. In the absence of meeting those criteria, this is not a trade agreement that I can support.

Therefore, I move the following motion:

That all the words following “That” be deleted and replaced with 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 six months hence.