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

February 7th, 2011 / 12:10 p.m.
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Liberal

Geoff Regan Liberal Halifax West, NS

Ronald Reagan was the president, but that is Reagan not Regan. Let us make that clear. He had an extra “a” in his name.

There are many benefits of trade and we have seen over the past 50 or 60 years, with increasing trade liberalization, an improvement in the standard of living for millions and billions of people. Clearly, there is a long way to go for lots of folks around the planet and we still want to see better lives for people in many countries, but trade can play a positive role in improving people's lives by giving them access to markets.

I mentioned Africa. One of the problems it has is getting access to markets in the U.S. and Europe for its cotton and textiles. It has beautiful cotton fabrics that were made into dresses and shirts. It had trouble getting access to those markets because of subsidies and tariffs, and so forth. These issues are real from both points of view.

The Conservative government's mismanagement of our trading relations has resulted in trade deficits for the first time in 30 years. That is alarming for Canada and should be alarming for Canadians. For the first time in 30 years, under this regime, we are falling behind our competitors in emerging markets like China and India.

We suffered the embarrassment of not gaining a seat on the UN Security Council. Speaking of China, the government's clumsy approach in its attitude toward China was very much an element of that, one of the factors involved, as well as its decision to cut aid to many African nations. It certainly offended those nations and many Middle Eastern countries were unhappy with the government's approach on a variety of things.

It surprised me that the government actually decided to campaign for a seat on the UN Security Council when it ought to have been fairly obvious that with all the things it had done in recent years, it was unlikely to gain that seat and how badly it misjudged the number of votes it would have. For a Prime Minister who is often talked of as a political strategist, it is surprising that he would not see the dangers of that move.

However, the current government is also falling down on protecting Canadian interests vis-à-vis our largest trading partner, the U.S, not only on things like softwood lumber and other agricultural products, et cetera, but in relation to the current talks on the common perimeter where the government does not want to share with Canadians what it is planning to do and what it has in mind. It has not set out to the House or to Canadians what its approach is, what its attitude is, what its vision is for border issues and therefore, for issues such as immigration. We ought to have control over what happens with our immigration and refugee policies. Canadians are concerned that the government wants to surrender our sovereignty. We do not agree with surrendering any of that.

Recently we saw its approach to the situation in Egypt. The government has been slow to respond and very hesitant. We have been less forthcoming, in terms of supporting the protest, in terms of supporting principles like human rights and political freedoms, than the U.S. has been. That is disappointing. We need to have a long-term view and recognize that if we support regimes which do not allow those kinds of freedoms, in the long term, the effects would be negative for us. If we look at the history of many countries, we can see that.

Meanwhile, the U.S. is engaging in increasing protectionism which already has hurt Canadian business, yet the Conservative government is doing virtually nothing about it.

I could go on about other countries and the policies of the government in respect to them, but let us focus on Bill C-46 and Panama.

In spite of the global economic downturn, Panama's GDP actually grew at 10.7% in 2008. That is one of the highest in the Americas. It is forecast at 5.6% for 2010, which would put it well ahead of most other countries, including Canada, in terms of our growth last year.

In 2009, bilateral trade between the countries totalled $132.1 million, with Canadian exports making up $91.4 million and imports of $40.7 million.

Primary Canadian merchandise exports to Panama include, and these are some of the major things that we sell to Panama: machinery; vehicles; electronic equipment; pharmaceutical equipment; frozen potato products; pulses, which are beans and lentils, important sources of protein; financial services; engineering; information and communications technology services. These are all important areas where we currently export and there is room for us to increase our exports to Panama, particularly in relation to agricultural products and things like fish, as we referred to earlier in the debate.

The existing Panama Canal is vital for the international trading system. It is being expanded with completion slated for 2014. That expansion, worth $5.3 billion, is expected to generate opportunities for Canadian businesses in construction, environmental engineering and consulting services, capital projects, and more. There are many opportunities that we can see. There are no guarantees at all, but opening trade with Panama, in spite of some concerns we have, is a positive move.

Canada-Panama Free Trade ActGovernment Orders

February 7th, 2011 / 12:10 p.m.
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Liberal

Geoff Regan Liberal Halifax West, NS

Mr. Speaker, first I must inform you that I will be splitting my time with my hon. colleague from Don Valley East.

I am pleased to have the opportunity to speak to Bill C-46, the free trade bill between Canada and Panama. This bill seeks to implement the Canada-Panama free trade agreement, the Canada-Panama agreement on labour co-operation and the Canada-Panama agreement on the environment. It is a bit of a mouthful.

I will also be—

(The House resumed at 12 p.m.)

The House resumed from February 4 consideration 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 reported (without amendment) from the committee; and of the motions in Group No. 1.

Canada-Panama Free Trade ActGovernment Orders

February 4th, 2011 / 1:10 p.m.
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Liberal

Alan Tonks Liberal York South—Weston, ON

Mr. Speaker, I am pleased to have the opportunity to add my own reflections with respect to Bill C-46, the bill to engage in free trade with the Republic of Panama.

For just a moment I would like to reflect anecdotally on my insights on the role I think Canada should be playing in a hemispheric sense.

The globalization of capital reminds us that we live in a very competitive economic environment where the barriers to the flow of capital and investment should be reduced. The economic and fiscal corollary is that is necessary for us to reduce barriers to investment in our own economy. Traditionally, we have had high tax barriers as part of our national policy. Those particular approaches cannot be part of the character of a modern economy.

As a young person, I had the opportunity to work in the Caribbean and to travel extensively throughout Latin America. As a result of that experience back in the mid-1960s, it was my perception that because Canada was not a colonial power and not a country with a reputation for exploiting economies and people, as had been characteristic of history, we had a natural affinity and responsibility, in fact an opportunity, to develop hemispheric relationships, particularly with the Caribbean, Latin America and South America, whereas European countries had a natural affinity, a responsibility and accountability for development in Africa and Asia.

I do believe that the free trade agreement and the movement to free trade had their roots in those perceptions, those senses of what Canada's role could be in developing the kind of relationships that were more in keeping with the 20th century, the 21st century and, in fact, the future.

I will give the government credit for its outreach to the Caribbean countries, the conferences that have been held with CARICOM, the development of relationships that are non-exploitive in an historic sense, which are opportunities for the Caribbean, and now for Latin American and South American countries, to start to deal with the very issues that are residuals of the isolationism that we have had in a hemispheric sense.

Thus, while I acknowledge the points that have been made with respect to labour and human rights legislation, I also acknowledge the irrelevancy, the acrimonious base, in fact, that is established through tax haven approaches, which have been very competently described. These are the residuals of tax regimes and outlooks and viewpoints that have created the kinds of problems that have existed in social, humanitarian and criminal terms.

If anyone is to argue that we can go forward by looking backwards, that we can go forward in dealing with these humanitarian, labour and fundamentally criminal issues related to taxation, which are in fact anachronisms in today's global community, then the place where we should begin to deal with those is in our own backyard, in our own hemispheric relationships, where we have patterns of immigration, investment and reciprocity that are stronger in human terms, in fiscal and economic terms, and in terms of our own self-interest.

If we argue that what goes on in Mexico with respect to the criminal activity around drugs is only happening in Mexico, if we argue that the issues with respect to Caribbean countries and their being used as turnstiles to subvert Canadian youth in our cities, and if we argue that those are going to be addressed by isolating those particular countries, we are in fact going in a very wrong direction.

Using that as an introduction to the premises that I hope the House will use in establishing a framework for evaluating our economic outreach, I would indeed hope that, per Maslow's hierarchy of needs, self-interest and self-preservation are at the top.

What we are doing is that we are dealing with countries in a hemispheric sense, where we have historic and huge issues that are either going to be a foundation for progress or are going to continue to drag us back, and we and our children and our children's children will suffer for that.

I look at free trade agreement with Colombia, the outreach to the Caribbean, and I look at Panama now and hope that the House was sensitive to the characterization of “losers”. I have great respect for the member and I know that in the heat of the moment, that was the characterization. I know that is out of character for that member.

Here we have a country that was subject to the criminal activity of a man who is now incarcerated but was the president of Panama and who exploited that country and who characterized all that is bad, and now we have a new, free and democratic government that has thrown off the shackles of control of the United States and the Panama Canal and has now inherited its rightful heritage. We have a country that characterizes in every way the hope and aspirations of its young people.

We hope that those aspirations do not find themselves expressed on the streets in rioting in Panama City, as they are in Egypt, Tunisia and other states, where young people look down at the United Arab Emirates, at Abu Dhabi, and at the tremendous development in technology and the luxury cars and so on, and they ask what is happening to them with the unemployment in Egypt and Cairo?

The young people are saying there has to be a change. That change in Panama has been remarkable over the last few decades. That is not to say there are not problems in Panama, but they are representative of the kinds of issues we all have to deal with.

Again, reflecting on that, here I see a treaty that I am going to call a fair trade treaty because it takes the remarkable growth in Panama and reduces the high tariffs reciprocally, as other speakers have talked about.

In terms of the labour and human rights issues, while it would be better that they were entrenched in the agreement, which we would all support, this is a starting point. This is neither the beginning of the end nor the end of the beginning. It is a threshold that we can cross with the people of Panama, as we should with many other countries hemispherically, with whom we share a huge future relationship.

The time to start that is now.

Canada-Panama Free Trade ActGovernment Orders

February 4th, 2011 / 12:55 p.m.
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NDP

Pat Martin NDP Winnipeg Centre, MB

Mr. Speaker, I am happy to enter into the debate on Bill C-46. If we are to use trade as an instrument to elevate the human condition and not just to exchange goods and services, then we must consider the fact that trade with Canada should be viewed as a privilege and not as any kind of right. In fact, we should be choosing trading partners who earn the privilege of trading with a great nation like Canada.

If it is our intention, even as a secondary goal, to help elevate the standard of wages and living conditions of the people with whom we are trading, if we are indeed to be global partners in the globalization of capital, then we must also consider that with the globalization of capital must also come the globalization of human rights, labour rights and environmental standards. We should use our capacity as a trading nation to achieve those secondary goals.

I would go further and argue that we should not enter into any country that will not stipulate to those lofty standards that seek to elevate the human condition. We owe it to our global partners and we owe it to the global efforts to eradicate poverty and create a planet that is sustainable for the future.

I note, not by any kind of coincidence, that the driving force behind this trade agreement is the mining industry. It is the greatest lobbyist that came forward to try to justify and defend a bilateral free trade agreement with a country like Panama that does not meet any of the standards I just pointed out. Panama does not meet any of the tests of a country that has taken active steps to recognize and protect human rights. Also, it is a country that has actively taken steps to undermine the health and well-being of the global economy by proactively creating itself to be one of the largest tax havens in the world.

We have to ask ourselves as parliamentarians why we would want to participate in a trade agreement with a country whose actions and actual practice we abhor, or claim to abhor. The members in this chamber often raise the fact that we criticize and chastise those tax fugitives who would avoid paying their fair share of taxes by harbouring their activities and funnelling their profits in dummy shell companies around the world even though the corporate taxes in this country are going down to 15%, one of the lowest in the developed world. It is estimated that we lose $7 billion a year in lost tax revenue by allowing situations to exist where countries can move their taxable profits and income into these dummy companies.

Are we not acquiescing to, or even encouraging this international behaviour by recognizing these countries with a free trade agreement? Canada, I am proud to say, does not tolerate this kind of thing lightly. It seems a contradiction to me.

In recent years we have had this debate over and over again. Even though the parliamentary secretary said we are engaged in negotiations of free trade agreements with countries such as India and Morocco, those are not the ones that come forward in the list of priorities for the government or before this chamber. We end up debating free trade agreements with Colombia and narco-states overrun by criminals, gangsters and people who murder trade unionists in the streets. Panama is not much better. It is a sanctuary and refuge for some of the worst actors in the world.

What business do we have welcoming them into our family of trade when we try to pretend that we operate at a higher standard of behaviour? Why should we stoop to that level of behaviour? Why would we be sullied? Why would we let them darken our towels until they clean up their own act?

If we are to elevate the human condition of our trading partners, it should be a prerequisite that they come up to our standards, not that we lower our standards to theirs. With globalization comes the risk of harmonizing to the lowest common denominator, not the highest common denominator. We must be ever vigilant, as parliamentarians, to ensure that the latter does not happen.

It is difficult to put the brakes on something that sounds as innocuous as free trade. I think the words were chosen very carefully. But, our negotiating history in free trade agreements has been poor. They are not fair trade agreements. The NDP is always being accused of not being in favour of free trade. Nothing could be further from the truth. If it truly were free trade, if it truly were fair trade, it would have our enthusiastic support and endorsement, but we never see that.

We always send Department of Justice lawyers and globe-trotting representatives to negotiate these free trade agreements. I do not know who gives them their mandate, but they keep coming back with pretty bad packages. Our history has been appalling in negotiating to ensure that the best interests of Canadians are paramount before these trade agreements are signed. It seems we will sign anything with anyone. We are too easy. Our bargaining stance is on our knees. We beg them to leave us with a bit of dignity when they are finished with us. That has been our experience. We wind up with deals that cost us a fortune, that do not protect and defend our standards on an issue such as supply management regime, for instance. All these things are at risk when we enter into these deals and arrangements.

I notice in this deal, again, we have made a classic mistake regarding most favoured nation treatment and national treatment. Again, foreign investment from the partner country should receive the same treatment as domestic investment or investment from any third country. The same language keeps popping up in all these trade agreements. Even after the NDP reminds the government of the day not to do that, it keeps doing it again. It does not listen to us. Sometimes I am concerned that Conservatives are not listening at all.

It boggles the mind, really. I lived through the great free trade agreement debates in 1988. I watched as we allowed section 11 in NAFTA. We leave ourselves vulnerable time and time again with our eagerness to appease and please our trading partners. We seem willing to sacrifice the best interests of Canadians.

It is like Margaret Atwood said about the Canadian beaver. It seems as soon as there is any stress at all, we get backed into a corner and we bite off our own testicles. I agree with Margaret Atwood. It is not an image that we like to dwell on, but we do not show the kind of strength in our bargaining position that we should when we are at international bargaining tables.

Now we are faced with yet another free trade agreement to debate. We debated ones on Peru and Colombia. Now we have Panama. Where are these big trade agreements with the big actors that the Conservative government says it is negotiating? I would argue it is at the negotiating table, but probably kneeling at the negotiating table, begging to please, please sign a deal with us. It will give away whatever other countries want, never mind the best interests of Canadians, never mind the best interests of the people who sent us here. The government will sign anything with anyone anytime, if it can get it through the House of Commons.

It is a good thing this is a minority Parliament. We are going to keep fighting this bill as long as we can.

Canada-Panama Free Trade ActGovernment Orders

February 4th, 2011 / 12:45 p.m.
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Liberal

Alexandra Mendes Liberal Brossard—La Prairie, QC

Mr. Speaker, I am pleased to speak 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.

I am pleased to participate in a debate that, unusual for this House in recent times, we had hoped would be relatively free of heated partisan rhetoric. It is not so, but we had hoped. I support the passage of the bill for many of the same reasons that members sitting on the government side of the House support it.

Unfortunately, before we discuss the meat and potatoes of Bill C-46, we need to deal with the amendments put forward by the NDP. I appreciate that the NDP does not support the bill. I can also appreciate that it put forward amendments following the rules and practices of the House. However, this is simply a last ditch attempt to halt a bill that would allow for better economic relations with Panama.

Let us look at what the NDP is asking for and why this 11th hour effort is just another example of that party's inability to accept that free trade is not a bad thing.

The NDP began by proposing that clause 7 be deleted but that is the clause that sets out the purpose of the bill. If the description of the purpose of the bill is taken out, that poses a bit of a problem. It would be similar to a car with no driver. Maybe those members are trying for a revival of the TV show Knight Rider but most of us like to have a driver behind the wheel. They are also asking that clause 10 be deleted. That clause contains institutional and administrative provisions and, without those kinds of clauses, there would be no bill.

I know members of the NDP want to ensure that the bill does not pass, so it is not a major surprise to see such amendments, but this total disdain for the possible benefits of free trade is very disappointing. Why these stall tactics without some truly constructive amendments?

They are also asking that clause 12 be deleted. This clause deals with panels, working groups and other people involved in administering the bill, particularly in terms of labour and the environment. It seems to me that these matters are important to NDP members, so I question their objective in opposing clause 12.

In addition, they are asking that clause 63 be deleted, the coming into force provision.

Without those clauses there would be no bill. Are my NDP colleagues playing political games here in the House rather than having an informative and intelligent debate? Many of these issues have already been discussed in committee.

I can safely say that I will not support the amendments, but I will take a bit more time to talk about the bill as currently drafted.

In spite of the global economic decline, Panama's gross domestic product increased by 10.7% in 2008, which is one of the highest rates in the Americas. It is expected to increase by 5.6% in 2010. In 2009, bilateral trade between the two countries totalled $132.1 million; Canada's exports were worth $91.4 million and imports from Panama totalled $40.7 million.

Canada's main exports to Panama include machinery, electronic equipment for vehicles, pharmaceutical equipment, leguminous seeds, and frozen potato products. Services related to export that Canada offers include financial services, engineering services, and communications information and technology services. Goods that Canada imports from Panama include precious stones and metals, primarily gold; fruit and nuts; and fish and seafood products.

The Panama Canal is essential to international trade. Its expansion should be finished by 2014. This $5.3 billion project could create opportunities for Canadian companies to provide services in the areas of construction, environment, engineering and consultation on capital investment projects, as well as in many other areas.

Some of the issues covered under the trade agreement include market access for goods, cross-border trade services, telecommunications, investment, financial services and government procurement.

Panama maintains an average most favoured nation applied tariff on agricultural products of 13.6%, with tariffs reaching peaks as high as 260% on some products. The free trade agreement will eliminate those tariffs on 90% of products immediately, and on the other 10% little by little over the next five to 15 years. This should enhance the competitive position of Canadian agricultural exports such as frozen potato products, pulses, pork—which is currently taxed at a rate of 47%—malt, processed foods and beef.

Panama maintains an average most favoured nation applied tariff on non-agricultural goods of 6.2%, with peaks of up to 81% applied on several key Canadian exports. The free trade agreement will completely eliminate those tariffs, which will certainly help Canadian exporters of fish and seafood, construction materials and equipment, industrial and electrical machinery, paper products, and vehicles and parts.

Canada would immediately eliminate over 99% of the tariffs imposed on current imports from Panama.

The free trade agreement will also address non-tariff barriers by adopting measures to ensure non-discriminatory treatment of imported goods and the promotion of good regulatory practices, transparency and international standards.

We live in a global economy and our survival as a nation depends on our ability to work with other nations around the world. We have seen the disadvantages we incur when we are slow to interact with growing economies.

The fact is that Canada today has a trade deficit. For the first time in 30 years, we are actually buying more than we are selling internationally. That is ominous for a small, open economy like Canada that has depended disproportionately on external trade for our standard of living and our wealth as a country.

If we look at where the world is headed and where the growth will be over the next five to ten years, we see that it will be in China, India and in the Asian economies. We also see a lot of opportunities in Africa, despite the governance concerns in certain countries. We see a lot of progress in Africa and we see a tremendous amount of growth and opportunity.

Then we look at the Latin American countries and, increasingly, it is becoming clear that being dependent on the traditional economies of the U.S. and Europe is not where we want to be. We need to think outside the box. We need to look for new partners and facilitate trade. We need to provide tools both at home and abroad that will make Canada a country that others want to invest in and trade with. If there are problems between the two, we will work it out. Simply saying “no deal” because no country is perfect is a pretty obvious sign of a very narrow-minded party.

Yes, I agree that Panama represents a small trading partner compared to the government's missed opportunities with China and India, but it is still a real and obvious partner. I strongly believe that there is strength in numbers and, even if the government has failed to truly engage our largest trading partners, we must never forget about the smaller ones. They provide unique opportunities and highlight Canada's place on the world stage as a country open to all.

In closing, I must remind the House that the 21st century is here and we cannot close our doors to the world. We need to be looking at partnerships with any and all governments while promoting our values and strengths abroad.

Canada-Panama Free Trade ActGovernment Orders

February 4th, 2011 / 12:35 p.m.
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NDP

Bruce Hyer NDP Thunder Bay—Superior North, ON

Mr. Speaker, I have spoken to Bill C-46 before, but it is an important issue that deserves full consideration.

Many of my colleagues in the New Democratic Party have mentioned the many problems in the trade agreement with Panama, none more so than our member for Burnaby—New Westminster who has worked tirelessly on this file. He has single-handedly orchestrated the only truly effective opposition to this very flawed trade deal.

However, I was very disappointed to hear about what has been happening in committee consideration of Bill C-46, with the Liberals siding time and time again with the Conservatives to defeat the amendments put forward by the hon. member for Burnaby—New Westminster. His amendments were excellent and they would have been helpful.

Amendments that would have improved the legislation include one that promotes sustainable development. That was defeated when the Liberals joined with the Conservatives. One to promote sustainable investment was also defeated by the Liberals in committee in the same way. One to require taxation transparency was defeated by the Liberals. One to ensure the protection of labour rights, including the right to collective bargaining, was defeated by the Liberals. The key motion, to hold off on this deal until Panama agreed to sign a tax information exchange agreement, again was defeated by the Liberals.

Often, it is getting really hard to tell the difference between the Liberals and the Conservatives. The way the so-called official opposition has rolled over on opposing this problematic trade deal, and other deals, has only blurred the line between these two parties so people wonder if there really is a difference at all anymore.

One of the many problems with this trade deal is the lack of measures to ensure proper conservation, particularly regarding biodiversity. I know this all too well, being a biologist myself. We know that the Isthmus of Panama has a rich ecosystem with over 10,000 species of plants. Of these, 1,250 are known to exist only in Panamanian rainforests. There is nothing on climate change or greenhouse gas pollution in either this trade agreement or in the environmental side agreement. These words do not even appear in the agreement.

Both countries signed the Kyoto accord, but as we can tell from the actions of the Conservative government and the Liberal government before it, merely signing an international agreement does not mean Canadians will respect our obligations in these agreements.

Panama's environment has a wealth of biodiversity and its diverse and rich ecosystems are now threatened by many development projects under way without regard for the possible effects on the environment. This agreement does not deal with that at all, or with any of the key environmental issues in Panama today, such as water pollution from agricultural run-off, threats to fishery resources, endangerment of wildlife habitats and therefore to wildlife as well, deforestation, land degradation, wetland destruction and soil erosion. Of particular concern are the endangerment of wildlife habitat and the depletion of fisheries as a result of projects such as the construction of commercial shrimp ponds and recreational facilities in the coastlines.

This headlong development is contributing to a level of deforestation of the Panamanian tropical rainforest and wetland destination that was only matched previously when the Panama Canal was originally bulldozed through the jungle. Together, these are contributing to major soil erosion problems in the unique geography of this isthmus country.

We cannot have a complete consideration of this trade deal with Panama without mentioning serious omissions regarding labour rights. Panama has had a poor record in respecting the rights of workers. In fact, just last year many people were killed there when workers protested draconian changes to labour laws by the Panamanian government.

The changes were typical Conservative, union-busting techniques to let companies fire and replace striking workers with impunity, to criminalize the right to demonstrate, to give police immunity from prosecution afterward and to ban the collection of dues. When they objected to all this, hundreds of labour leaders were rounded up and thrown in jail.

With a regime like this in Panama, we would think that basic labour rights would be a consideration in any trade deal, but things like the protecting of basic right to organize are not in this deal at all.

During second reading debate, some members talked about the serious problems with Panama being a tax haven. I mentioned that the Organisation for Economic Co-operation and Development, OECD, blacklisted Panama as an uncooperative tax haven in 2008. It was one of only 11 countries with no sharing of tax information.

I would like to examine the serious implications of the tax issues with this trade deal in Panama more today. The government of Panama has refused to sign a tax information exchange agreement. Why? It is because it has pursued a deliberate course away from information sharing and toward becoming a deliberate, planned tax haven. It has succeeded. There are an estimated 400,000 corporations, including offshore corporations, in this tiny country, more than quadruple the number registered in Canada.

Billions of dollars in money laundering is performed in Panama each year, including money from drug trafficking from places like Mexico and Colombia. Now it is one of the world's worst tax havens on top of that.

One of the reasons the U.S. Congress has held off on a risky trade deal with Panama is because of tax shelter issues and concerns over money laundering. For example, a 2009 report by the United States state department red flagged Panama for these issues things like: laundering drug money and being an illegal tax haven; adopting the U.S. dollar; lots of offshore banks and shell companies; the world's second largest free trade zone; and its location between Colombia and Mexico. The U.S. state department also noted that Panamanian banks were already favoured by global criminal organizations for money laundering.

It is no wonder criminal organizations like Panama. The financial system is famous for its secrecy. The government there does not even have the legal authority to learn crucial information about offshore corporations set up there, even who owns them.

The International Narcotics Control Strategy Report, again by the U.S. state department, said:

The funds generated from illegal activity are susceptible to being laundered through a wide variety of methods, including the Panamanian banking system, Panamanian casinos, bulk cash shipments, pre-paid telephone cards, debit cards, insurance companies, real estate projects and agents, and merchandise. Panama’s vulnerability to money laundering is exacerbated by the government’s lack of adequate enforcement, personnel, and resources devoted to anti-money laundering and combating the financing of terrorism... as well as the sheer volume of economic transactions, a significant portion of which is in cash.

We are talking about U.S. cash.

Lawmakers in the U.S. want Panama to take steps to increase transparency to share tax information for a U.S.-Panama trade.

Alarm bells should be going off. We are signing a comprehensive trade deal, one that ties the hands of anyone wanting to combat tax evasion and money laundering.

Canada-Panama Free Trade ActGovernment Orders

February 4th, 2011 / 12:25 p.m.
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Liberal

Brian Murphy Liberal Moncton—Riverview—Dieppe, NB

Mr. Speaker, I rise to join in the debate on Bill C-46. The bill has been debated in the House for quite some time and quite a few members have spoken to it. There seems to be a theme developing.

I would like to say that having a lengthy debate on a trade agreement like this is largely symbolic. The reason we are having such a debate on a trade issue in this House is that Canada is undergoing a change as an international trading entity. Canada is experiencing its first trade deficit in 30 years. Those who do not understand or study history are doomed to repeat it. There were years well after Confederation when, at various times, various governments attempted to isolate Canada from its natural trading partners and potential trading partners. We saw a period of Conservative isolationism under Prime Minister Diefenbaker, and it was not good for Canada.

What we are seeing here is a government that may talk about free open trade, may talk about improving Canada's international trade situation, may talk about Canada's international reputation as being the foot in the door toward trade negotiations, but that talk has not been followed through with achievement. Let us look at some recent facts.

Canada being denied its seat at the United Nations Security Council was a direct result of a lack of campaigning by the Conservative government for that seat. What campaign there was came all too late and was all too little. I would have thought that, of all people, those Conservatives would know something about campaigning. We will give them some credit. They use government money to campaign domestically. However, when they should have campaigned for the seat on the United Nations Security Council, they did not. We lost that international prestige. Being a member of the Security Council might have opened some doors toward further trade negotiations. It diminished Canada's role and reputation internationally.

Let us look at the second item that has blurred the otherwise glossy image of Canada on the international stage. That is the whole imbroglio around the UAE, losing the back entry, theatre entry, for our forces in Afghanistan over a petty, negligent negotiation over domestic air rights. What a shame to have this squabble on the international scene, which further diminishes Canada's image internationally.

We can start with how the Prime Minister has made statements and has spoken to Americans about how he views Canada. I particularly remember, and will never forget, his comments made about Canada to an American assembly of right-wing conservatives in Canada. He made these comments and they shall never leave my brain as long as I am able to remember them. There is a whole posse of statements.

One of them is, “In Atlantic Canada, they have a culture of defeat”. I am from Atlantic Canada. I found that offensive.

He also talked about bilingualism, one of the founding principles of our nation. The Québécois and the people who speak French in communities outside Quebec have a birthright to speak French and understand their government's services in the French language. It is something which, as a proud Acadian by marriage, I believe in very firmly. It is an entrenched principle in law in Canada, by statute in New Brunswick. I might add that in Canada's first officially bilingual city, the city of Moncton, it is not just law, it is a way of life.

However, the Prime Minister once said, “bilingualism is the god that failed”. That is what the Prime Minister said.

This bill is not about bilingualism. It is about how he perceives our country and how he sells our country to other nations. It is not a real selling pitch to say, “I live there, but in Atlantic Canada they have a culture of defeat. And our official languages policy, well, that is the god that failed”.

Also, he is the person who said that we are a failed northern European welfare state, or something along those lines.

I do not want to get used to quoting the Prime Minister verbatim because there are so many faux pas that diminish our role and reputation as an international leader.

We are facing a trade deficit, the first in 30 years. The Conservative government has diminished our image internationally, yet it wants a deal with Panama so it can say that it is great champion of international trade, that Canada's image will be completely resurrected like Lazarus because it has a deal with Panama.

There are many problems with the state in Panama. There is no question that the NDP would go on ad infinitum about all the problems with Panama. We agree, from a corporate social responsibility point of view, that there are definitely domestic problems in Panama.

There is another sovereign principle though, and that is that we cannot get involved in the affairs of foreign nations directly. What we can do is, by moral suasion, bring countries into the fold by virtue of trading partnerships and show them a better way to treat their people, to achieve internationally accepted standards of corporate social responsibility, social justice at home, et cetera. For this reason this deal is should be supported.

On this side, we see it as a symptom of how little the Conservative government has on the shelf to show for five years of governing and directing Canada through the waters of international trade, international diplomacy and our stature generally.

By definition, we are a trading nation. Our internal market is only 33 million consumers. We also happen to have massive reserves in natural resources. We need to export and import. We need trading partners. We need to cultivate positive relationships with our trading partners. How did we come to lose our trading surplus? Why did the government do this to us when we have a rising dollar and oil reserves that are the envy of most countries in the world?

The Conservative government should have been contemplating the development of new trading partnerships years ago. We knew it was risky to rely so much on our number one trading partner, the United States. The government has been lax in exploring new markets. Whenever we denigrate other countries, it does not help.

If the U.S. economy experience is something similar to Japan's lost decade, and let us hope that is not the case, we stand to keep our negative trade balance for at least a decade if we do not diversify our trading partners.

The government needs to do more to protect us from American protectionism. It is an automatic reaction in down times for some American politicians to close the tent and say that they have to protect their people. I am not debating whether they are mean-spirited or not. In the famous words of an Irish-American politician, Tip O'Neill, all politics is local. That is how protectionist measures evolved in the United States. When we have someone as eminent as Joe Lieberman and other sainted and long serving members of the House and Senate, from both parties, saying that they need to watch and tighten the borders, the economy and get America on its feet first, I believe this is not an intended but inadvertent danger posed by Americans toward our economy.

The government needs to do more to develop new trading partnerships in Europe and in the BRIC countries, Brazil, Russia, India and China. Let us talk about China for a second.

The government is very slow to move to the realization that China is a behemoth. It is the power of the future. We must make our concerns known about human rights. We all believe in human rights enforcement and upholding human rights internationally. However, we must talk to them. There is no way we can change the heart or the mind of a nation or a people without talking to them. The government did not do that for years.

As I mentioned briefly, we have concerns with the issues of tax havens and labour rights. However, let us look at the conclusion of this.

The famed Panama Canal underwent a $5.7 billion expansion recently. It opens up new opportunities in Central America and Canada and we need to be part of this progress. There is too little that prevents us from entering this agreement. There is so much to win. We are talking about a $90 million economy in Panama. It is not the biggest deal that could be brought to the table, but we support it. We just wish the government would take better care and be a better steward of our international reputation in diplomacy, in trading and in stature.

Canada-Panama Free Trade ActGovernment Orders

February 4th, 2011 / 12:10 p.m.
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Bloc

Nicole Demers Bloc Laval, QC

Mr. Speaker, while I am pleased to rise in the House to debate Bill C-46, I feel somewhat strange doing so. This past Tuesday, February 1, was groundhog day. In the United States, in Philadelphia, Phil came out of his hole and realized that he could not see his shadow. This apparently means we will have an early spring, which I am quite happy about.

Knowing that I would be debating this bill here today, it felt a little like groundhog day. We debated a very similar bill last fall, a bill that had to do with a free trade agreement between Colombia and Canada, which we did not agree with either, but which was passed in this House thanks to the Liberal and Conservative members.

When we explained why we did not agree with that bill, our reasons were very similar to our reasons for disagreeing with this bill. Of course, the current situation in Panama is a little different from what was going on in Colombia and is still going on there today. We did not agree with what was happening in Colombia last fall. The Conservatives and the Liberals voted in favour of the free trade agreement between Canada and Colombia, and the situation in that country has not changed much.

Atrocities are still being committed against people who simply want to defend their labour rights. Workers there have no more rights than they did before and the mining companies do not respect their rights any more than they did. The government is just as corrupt as it was before and very little effort has been made to change anything. Yet in the fall, we were told that the deal would bring considerable change and that discussions were already under way in that regard.

The government is talking about a free trade agreement with the Republic of Panama. It is not that the Bloc Québécois does not believe in free trade. On the contrary, we believe in it and are in favour of it, but we think that we should focus on multilateral approaches instead, which are much more effective in developing fairer trade that respects the interests of all nations.

However, the Conservative government seems to focus more on bilateral agreements, which do not benefit all nations and, more specifically, do not benefit the people who live in the countries involved in the agreements. These bilateral agreements are not beneficial to Quebec or Canada.

In the summer of 2010, the right-wing government in Panama passed a law prohibiting unionized workers from defending their rights and making it a crime to demonstrate to defend their rights. Of course, they say that this law is currently being reviewed, that it will be repealed and completely reworked, but what guarantees do we have?

We were told that Colombian workers would no longer be killed and that they would be heard, but they were not. They can make all the promises they want, but until we have proof and guarantees that men and women will be treated with respect, the problem will persist. One of the problems in Panama right now is that women and children are not treated with respect. Because there are loopholes in the labour laws, children continue to work and women are not treated equally and do not have the respect they deserve.

Naturally, the Bloc Québécois is not in favour of this bill. It is opposed to any bill that would not guarantee that a country's people would have their rights respected. It is also opposed to any bill that would not guarantee, here in Canada, that our banking regulations would be respected.

Unfortunately, Panama does not respect tax regulations and there is tax evasion there. We do not have any assurances right now that this problem will be resolved. The government has not signed any agreements or treaties with Panama to ensure that these regulations would be respected that we would not have to worry in the future if the bill were passed.

I think there are already so many tax havens, and so many businesses, companies and people evading taxes, that our huge deficits keep growing. In my opinion, the people who earn the most money should pay their share, as all citizens must, including the entire middle class who pays the most tax in Quebec and Canada.

I am sure people in the middle class would like companies and individuals who evade taxes to be required to pay their fair share to the Canadian treasury. If they did, our programs could be improved and we would have better programs, not just for women and children, but also for seniors.

The government says that it currently cannot invest more money in programs for seniors and children because of our significant debt. If we went after the money in the countries where tax evasion has been occurring for a very long time now, I am sure we would manage to quickly eliminate our debt. If we just conclude free trade agreements with countries without worrying about resolving this problem, then people who are benefiting from tax evasion and agreements with these countries will continue to evade taxes and put their money wherever they can, without worrying about paying their fair share. That is wrong. Everyone should pay their fair share because everyone benefits from programs.

We are against this bill. It is important for members of the House to understand, yet again, that this type of bill should not be passed. I hope this time we will make sure it is not.

Canada-Panama Free Trade ActGovernment Orders

February 4th, 2011 / 10:30 a.m.
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Bloc

Diane Bourgeois Bloc Terrebonne—Blainville, QC

Mr. Speaker, we are here this morning to debate 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.

The Bloc Québécois is not in favour of this bill for a number of reasons. First, this is a bilateral agreement, which the Bloc Québécois believes is ineffective. We believe that a multilateral agreement would be more effective in developing much fairer trade that respects the interests of all of the nations.

The Conservative government has decided to drop the multilateral approach to trade and is entering into many negotiations to sign bilateral agreements. There have not been any studies done by officials at the Department of Foreign Affairs and International Trade or at Industry Canada to help us determine whether these bilateral agreements would be beneficial to our economy. Regardless of whether these agreements are good or not, they seem advantageous, so the Conservatives and the Liberals are jumping at them. They are jumping into other bilateral negotiations before conducting any studies.

If we do not know that we will come out a winner by signing a bilateral agreement, we should not move forward. For example, the Conservative government plans on signing a bilateral agreement with China. In 2005, Canada imported $32 billion worth of Chinese products, which generated a trade deficit in Canada of $26 billion, or $1,000 per capita. When trade with a country generates five times more imports than exports, the main priority should be to balance the terms of trade and not to make them even more liberal.

The Bloc Québécois will not support these bilateral agreements until we receive a guarantee or can be convinced that they will benefit the Quebec economy.

We are told that Panama is the most industrialized country in Central America and it has the highest economic indicators in the region. According to the Department of Foreign Affairs and International Trade, Canadian exports to Panama consist mainly of finished products, such as machine tools, automobiles, electronic and electrical equipment, pharmaceutical equipment, pulses and frozen potato products. Canada also exports financial, engineering and professional services, as well as information technology and communications services.

Canadian direct investments in Panama are made mainly in the banking, financial, construction and mining sectors. Every time the Conservative government comes forward with a bilateral free trade agreement, it always includes mining.

Our primary imports from Panama are metals—mostly gold—precious stones, fruit, exotic nuts, fish and seafood.

The free trade agreement between Canada and Panama will have an impact on our country. According to the Department of Foreign Affairs and International Trade, this deal includes eliminating Panamanian tariffs on many Canadian products.

This means that our businesses will be able to invest in Panama without any tariff restrictions. Thus, Panama will eliminate all tariffs on non-agricultural products.

The Canadian exports that should benefit the most from these concessions are fish and seafood products, construction materials and equipments, frozen potato products, pulses, beef and beef products, most pork products, malt, forest products, and flight simulation and training equipment. So far, so good.

Canada, for its part, will eliminate 99% of its tariffs on products from Panama, except certain sugar products and products under supply management, of course.

The federal government wants to ratify this agreement very quickly because, so it says, it wants to get ahead of the United States and the European Union, which have both signed similar agreements but have a much longer ratification process.

The problem for us is that Panama is a tax haven. I would remind the House about a certain prime minister a few years ago who had interests in Canada Steamship Lines and who managed to get some deals ratified with known tax havens, including a deal with Barbados, which he just slipped through right under our noses. Panama is also part of this group of countries that are known tax havens. It is even on the OECD's grey list.

The OECD uses four criteria to determine whether a country should be placed on its grey list of tax havens: no or only nominal taxation; lack of transparency; laws or administrative practices that prevent the exchange of information; and indications that the country is attempting to attract investments that are tax-driven and do not involve economic activity.

One of the things that stands out for me is the fact that there is no or only nominal taxation. I have nothing against our corporations doing business. However, I do have a problem with the fact that, because of a lack of transparency, corporations cannot say how much money they make there and do not repatriate the money. As for laws and administrative practices that prevent the exchange of information, it seems to me that I have seen this before. I am currently a member of the Standing Committee on Government Operations and Estimates. We are coming to realize that the government is using the excuse that it must protect confidential information to withhold information about money, for example about the freeze on budget envelopes, or about what it is doing with the money. It is very annoying. It means that Canadians cannot find out what is being done with their taxes, and government officials cannot determine how much profit has been made in other countries. This issue of laws or administrative practices that prevent the effective exchange of information is tiresome.

Then there are the indications that the country attracts investments that are solely tax-driven and to not involve economic activity. We must remember that, in some countries, certain Canadian corporations have a dismal record when it comes to mining, among other activities. How will we ask questions to obtain information about what is happening? This is a problem for the Bloc Québécois.

Furthermore, the right-wing government has passed a repressive bill that, in theory, could criminalize workers. It has agreed to review the law but we are not sure that it will do so.

In short, the Bloc Québécois does not support this bill.

We do not know enough about it, and there are not enough guarantees and safeguards. It is a bilateral agreement that completely ignores human considerations and does not demonstrate the openness that should be the hallmark of such agreements.

Canada-Panama Free Trade ActGovernment Orders

February 4th, 2011 / 10:15 a.m.
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NDP

Paul Dewar NDP Ottawa Centre, ON

Mr. Speaker, today I join with others in debating Bill C-46 regarding free trade with Panama. Negotiations were concluded back in August 2009 and, according to the government, there was a comprehensive free trade agreement with Panama. The agreement also includes side agreements. We saw this pattern with regard to Colombia on labour and environment. After the negotiations were completed in August 2009, there were formal signings in May 2010.

When Bill C-46 passed second reading in October 2010, it was then referred to the committee which went through a clause by clause review of it. It is important that we and all Canadians know that the NDP brought forward amendments that would deal with some of the concerns raised by a member of the Liberal Party just a minute ago, including those around tax information, exchange agreements, double taxation, et cetera. Sadly, however, they were defeated. I will, however, put on the record that they were not just defeated by the Conservatives. They had help from the Liberal Party in defeating some of those amendments, which would have passed if there had been support from the Liberal Party.

When we look at the concerns raised by the Liberals, it is important to note that when they had the opportunity in committee to deal with those concerns, they sided with the government on this. It calls into question what the Liberal Party is doing. However, I will leave it to the Liberals to explain their dynamics on this. On the one hand, they are saying that they have concerns about tax havens. I was shocked to hear one of the members of the Liberal Party say that tax avoidance and tax havens were okay because that is a way of doing business but that we want to ensure it is reported. I will leave that for them to discuss among themselves.

However, it is very difficult to understand the Liberals' position when it comes to this bill. On the one hand they say that this is terrible and that we should not be dealing with this kind of trade agreement because of all the concerns around tax havens and double taxation. The list is long and it sounds very similar to our concerns. On the other hand, the Liberals are saying that they will vote with the government on this.

It is perplexing. I know what the Conservatives' strategy is. They have decided that multilateralism is not the way to go and so they are rushing around trying to sign up anyone to a bilateral agreement, which is precarious at best. I think it shows a lack of vision in terms of where we should be going with international trade. For the record, we have stated time and again in this House that we should be going toward a multilateral approach.

My father worked for many years as a public servant dealing with the GATT. It was important at that time for Canada to deal at a multilateral level, My father would negotiate with other countries on behalf of this country on the General Agreement on Tariffs and Trade. We know what happened to that. We know what happened with the Doha round. However, the government now says that maybe it should one day get back to that but, in the meantime, it goes down this bilateral route which undermines the whole approach of multilateralism.

Let us put aside for a second the concerns we have with this deal. Does anyone really think that signing a free trade agreement with Panama will lead to the economic prosperity of Canada? Let us get real here. We need only look at how much investment there is between the two countries. What it does is it undermines that whole intention that many of us have of going down the multilateral route. It is an opportunity that costs and it also decries this notion that we should be trying to work with other like-minded countries, particularly those in the G8 that are looking toward a fairer trade regime, and saying that we all have concerns around the way trade is done and we need to work together to ensure particularly the bigger economies in the world will follow some sort of fair regime.

However, the government is not doing that. It is going off on our own, cap in hand, to anyone who will sign one of these agreements and clearly doing it for political reasons.

As I said, no one really believes that signing a trade agreement with Panama will lead to a green and pleasant land in Canada. In fact, the government will try to spin people by saying how great it is because it is signing all these trade agreements, as if that will make a difference in lives of people. It will not. What it will do, and we have seen this in the debate and the details as we have gone over them, is make it more precarious for Canadians and also for those who are concerned about issues around international banking.

In terms of disclosure of tax revenues and investments and tax havens, the government is sending a message to the international community that it is willing to sign a deal with Panama, without having had the concerns that other governments, like France, have had about disclosure. The sequence is entirely wrong. If we thought this was the way to go, we should have dealt with the concerns of the OECD with tax havens, taxation and disclosure. However, that did not happen.

What is the message? The message is basically Canada really does not care about that. The government is so concerned about looking like it has made progress on trade, which has question marks abound, that it will look the other way when it comes to the concerns with tax havens and disclosure.

I met with ambassadors from throughout Latin America. They are very concerned about the issue of narco-trafficking. One thing said was that we had to follow the money. We have to ensure we know where the money goes.

What is the message from this country? When it comes to the issue of narco-trafficking, we will look the other way if we can put something in the window for people to see we have made progress on “free trade”. It is not principled. It is not effective. I think most Canadians, if they knew what we are signing, would oppose it. That is why it is important to take the time to debate it in the House.

I join with the members from the Liberal Party, notwithstanding their challenge in having a position and then voting the other way, that the Conservative Party is silent on this. It will not talk about it. It has a “move on, there's nothing to see here” attitude. I am not sure if the Conservatives have actually read the agreement. A great poll would be to ask those members if they had read the agreement and know what is in it. It is important to highlight that.

If we are going to be signing on to these agreements, why the hurry? Why are we not hearing from all members of Parliament on this, beyond talking points from parliamentary secretaries?

If we look at the profound effect that some of these trade agreements have had, not just on Canada, but on those we trade with, it also raises an issue. I fundamentally believe, if we are to enter into trade agreements with other countries, it should be of mutual benefit. I do not see that in this case.

We should be looking at strategic kinds of agreements within sectors. We should be ensuring they are sustainable. We should be ensuring there is mutual benefit.

When it comes to the Panama-Canada free trade agreement, we do not see that. What we see is us undermining our credibility when it comes to dealing with financial disclosure, tax havens and real fairness. For that reason, we will be opposing it. I only wish the Liberal Party would find it in itself to do the same, but we will wait for it to decide on that.

Canada-Panama Free Trade ActGovernment Orders

February 4th, 2011 / 10:05 a.m.
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Liberal

Paul Szabo Liberal Mississauga South, ON

Mr. Speaker, I am pleased to complete my comments on Bill C-46, the free trade bill between Canada and Panama.

Just generally, I have had some concerns about bilateral trade deals that we have entered into. I have spoken in the past on the Colombia free trade deal. Issues at the time had to do with human rights abuses, displacing people in the cause of improving corporate opportunities, corruption of government and the judiciary, a whole host of issues that had very little to do with the benefits of bilateral trade.

In the case of Panama in Bill C-46, we do not have the same kinds of elements but we do have one that is extremely important to demonstrate that we cannot just look at trade and the benefits of trade in isolation. Our trade exchange with Panama now is very insignificant in the scheme of things, but the expansion of the Panama Canal brings some hope and promise for increased traffic through the canal and opportunities for businesses, particularly for Canada in the construction, engineering and consulting firms. Agriculture may also have some benefits.

The other area is taxation. The finance committee is now looking at tax havens and their use as instruments for tax evasion. This is a very serious problem. It is in the hundreds of billions of dollars. With regard to Panama, the committee heard by teleconference from a witness from the OECD, Mr. Owens, who confirmed to the committee that Panama was rated as in the grey scale. That is pretty well the worst concern one could have in terms of harbouring tax evaders and the secrecy that allows them to do it.

On Thursday, Mr. Donald Johnston, who was a former minister of finance for Canada in the early 1980s and a former secretary-general of the OECD, re-affirmed and confirmed Mr. Owens comments that Panama was one of the biggest problem areas in terms of promoting or at least facilitating evasion of taxes.

The current bill does not specifically incorporate any provisions to address the tax evasion problem, which is a very expensive problem for Canada. However, there are double taxation agreements in place with other countries to ensure that a Canadian, for instance, will not be taxed in one jurisdiction and also in Canada.

The other and probably equally important issue is the tax information sharing agreements. These agreements are the instruments that would allow us to obtain more information about those who have set up situations that would probably allow them to evade taxes in Canada. That is not part of this agreement. The point of my speech so far has been that, as we enter into trade agreements, we should exhaust every opportunity to establish a good faith relationship with that country so we can deal with some of our mutual problems.

I am concerned that government members have not been speaking to this bill, which is at report stage, because if a member of the government stands to speak to it they will be subject to questions by all other hon. members. They do not want that. They do not want to be held accountable and that concerns me and it should concern all Canadians.

Trade is an important issue but democracy is a more important issue.

Canada-Panama Free Trade ActGovernment Orders

February 3rd, 2011 / 5:25 p.m.
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Liberal

Paul Szabo Liberal Mississauga South, ON

Mr. Speaker, I am pleased to provide some commentary on 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.

This afternoon we are debating the four report stage motions which were moved by a member from the NDP. These four motions are all motions to delete certain clauses in the bill.

The first motion is to eliminate clause 7, which outlines the purpose of the bill. I think the bill probably would still operate even if we did not have the narrative about what the purpose is because it is almost self-evident.

The second motion is to eliminate the clause which designates that the minister is the representative of Canada. That is almost self-evident as well, although it is probably good to have it in there.

The third motion is to eliminate clause 12, which lays out the minister's authorized activities in his role.

The last one is to eliminate the final clause, which is the coming into force clause, i.e., when this bill would become law.

The member for Windsor—Tecumseh had indicated that, in substance, putting all these together probably makes the bill somewhat sloppy or inoperative and basically would kill the bill.

Now we know exactly why we are spending all this time on this. It is probably why the Speaker has given so much latitude to members who are speaking because there is not very much we can say. These are constructive motions basically to scrap the bill. Some people would rather talk about the bill, which is really not what we are debating.

It is interesting that there has been so much irrelevance relative to what we are supposed to do, but probably some of the more interesting commentary that we have had with regard to bilateral free trade agreements in general. There have been a lot of very good issues that have come up. Some relate to double taxation issues, or tax-sharing information, or multilateral versus bilateral agreements, and some of those benefits and whether or not we should be doing trade at all with countries that do not respect human rights, with countries that do not respect the collective bargaining process.

We talked about the fact that in this particular case the trade activity between the two countries is very small. It is $90 million one way and $30 million the other. It is inconsequential. Yet, there have been eloquent speeches about what a great thing this is for agriculture and so forth. That is nonsense, quite frankly. There is not a great deal of trade.

However, what there is, is a future. There is the expansion of the Panama Canal which is going to be finished, I think, in 2012. It is going to open up new opportunities.

The most important aspect that has been raised is that there is a problem in Panama. It has been identified critically by the OECD, and it has to do with tax evasion through tax havens. Tax havens are fine. Tax avoidance is fine. Tax evasion is illegal.

We need good faith with our trading partners. They may not be part of a particular trade instrument that we have, such as a bill like this one, but they should be part of the conversation. I think that members have basically said we need to have this conversation about how we are going to conduct ourselves in terms of having ethical trade with other countries around the world. We need that conversation. I hope that it will start as a consequence of the input of hon. members today and that we understand that even in Canada there are people who do bad things. There are people who are money launderers, who break the laws, all the things we accuse these other countries of. Let us not be holier than thou. We have problems ourselves. We have to clean them up.

Mr. Speaker, I will finish this speech at the next sitting.