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 3rd, 2011 / 4:25 p.m.
See context

Bloc

Pierre Paquette Bloc Joliette, QC

Mr. Speaker, I am pleased to rise here today to speak to 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 do so because I have the sense that by participating in this debate, much as our party critic in this area did, one is really doing something positive, not only for the Quebec nation, but also for the Canadian nation. Indeed, some members of this House are taking a back door approach in order to sign a free trade agreement that will be extremely harmful to Panamanians, Canadians and Quebeckers.

I would like to begin by saying that the Bloc Québécois will not support this implementation bill, and for a reason that is very important to us: Panama is a tax haven. Not only is it a tax haven, but it is on the OECD's grey list. Accordingly, it is a tax haven that does not co-operate with the OECD and does not sign the agreements set out by that organization.

Furthermore, Panama has seriously repressed its union movement. I would remind the House that in June 2010, the Panamanian government passed Law 30, which is considered to be very anti-union by the World Federation of Trade Unions and the International Labour Organization.

Of course, the government members will tell us that the president of Panama announced on August 5, 2010, that he plans to comply with all ILO conventions and remove the repressive aspects of the law. So far, however, no such action has been taken and we can only wonder what the real scope of the labour co-operation agreement with Panama will be. In that regard, I would also like to point out that the other co-operation agreements we have signed, whether concerning the environment or labour rights, have never been very effective and have never produced anything beyond meetings and symposiums. They have never led to any corrective measures when it comes to labour rights. Therefore, that is our second reason for opposing this free trade agreement.

I would also like to add that the Bloc Québécois is not completely inflexible on this issue. In 1994, the Bloc Québécois, who had been in the House for one year, supported the North American Free Trade Agreement, although, at that time, the Bloc was unaware of the magnitude of the effect that chapter 11 would have on the protection of American and Mexican investments in Canada. Clearly, this chapter also applies to the protection of Canadian investments in the United States and Mexico.

The fact remains that we supported this agreement at the time. We also supported free trade agreements with northern European countries. A Conservative member mentioned it earlier. We have absolutely no problem with this.

We are following with great interest the negotiations for an agreement with the European Union, despite the fact that we have some concerns, we are waiting for explanations and we would like to see the documents. I would like to remind the members of the House that the unions have been asking for these documents. As parliamentarians, we should have them, as has been the case in the past. Surely, the members remember how, several weeks before the Summit of the Americas in Quebec City, the governments that were negotiating agreements around the free trade area of the Americas made their negotiation documents available. That is certainly not the case with Panama and the European Union. However, we must still give the government the benefit of the doubt. Quebec and the Bloc Québécois are among those who have been promoting a free trade agreement with Europe for an extremely long time already, at least a decade. We hope that such an agreement will yield positive results for Canada, Quebec and the European Union.

Once again, in certain cases, we do not support the signing of trade agreements with countries that do not abide by a certain number of rules. Such is the case with Panama and Colombia. It is absolutely unbelievable that the Canadian government would be so irresponsible as to want to sign an agreement with Colombia, knowing full well that human and labour rights are violated there on a consistent and repeated basis.

It is evident that what is important is to have a position based on principles. Yes, we support opening borders, but we also support complying with major international agreements on human rights, labour rights, environmental rights as well as cultural diversity, which is extremely important.

In the case of Panama, the situation is even more serious and, in my opinion, this has not received sufficient attention in this debate. An article appeared in Le Devoir on January 10, 2011, entitled “The Canada-Panama Free Trade Agreement—Cozying up to the Drug Trafficking Paradise”. It was written by Alain Deneault, the author of Offshore, paradis fiscaux et souveraineté criminelle, and Claude Vaillancourt, who is the co-president of ATTAC-Québec. Not only is Panama a tax haven that does not co-operate, even by OECD standards, but it is a tax haven that makes life easier for drug traffickers. And that is the kind of bill promoted by the Conservative government. It says it is tough on crime. It is tough on petty criminals, but it is the friend of big-time criminals and we have the proof: the Panama free trade agreement it is trying to make us accept.

I would like to read a paragraph from this article in the January 10, 2011 issue of Le Devoir.

Panama certainly deserves its bad reputation. This country's main economic activity is providing financial services to drug traffickers and multinationals. It has specialized, among other things, in discount flags of convenience, without any bureaucratic red tape. This allows vessels to sail without worrying about domestic laws and sailors' working conditions.

Capital enters and leaves Panama without any restrictions. Transactions are protected by banking secrecy rules, and there is no monitoring of financial activity. The Organization for Economic Co-operation and Development (OECD), which is nevertheless fairly accommodating when it comes to evaluating how co-operative tax havens are, has placed Panama on its “grey list”.

Panama is a tax haven, and one that makes life easy for drug traffickers and money launderers. We are talking about organized crime, the mafia and other criminal groups or organizations. This will have disastrous effects on Panama. It will allow organized crime groups from Canada to launder their money in Panama. It will also allow some organizations that are currently located in Panama to benefit from the rules in the free trade agreement and locate here, in Canada and Quebec.

I remind members that the OECD has come up with four criteria to determine whether a country is a tax haven. The first is whether the jurisdiction imposes no or only nominal taxes. For example, I remember the case of Barbados—I believe—where the tax rate is regressive instead of progressive. The higher the profits, the lower the tax rate. They start with the wonderful rate of 3% and go right down to the alarming rate of 1%. Since Canada has signed a double taxation treaty with Barbados, if a Canadian company operating in Barbados meets a certain number of administrative criteria and has paid that wonderful tax rate of 1% on its profits, it is able to repatriate money to Canada tax free. That was the first criterion.

The second criterion is a lack of transparency. I have already said that Panama fits the bill. The third criterion is whether there are laws or administrative practices with respect to the exchange of information. Panama has refused to sign the 12 bilateral agreements to meet the OECD standards. The fourth criterion is whether there is any indication that the country is attracting investments solely for tax purposes and not for the purposes of economic activity.

Panama fits that definition of a tax haven. As I mentioned, since it has refused to sign the 12 agreements, it is currently on the grey list. So before we implement this agreement, we must be certain that Canada has signed a tax treaty with Panama and that Panama meets the OECD criteria. Otherwise we would simply be an accomplice to international organized crime.

Canada-Panama Free Trade ActGovernment Orders

February 3rd, 2011 / 4:10 p.m.
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Liberal

Bonnie Crombie Liberal Mississauga—Streetsville, ON

Mr. Speaker, I rise today in support of Bill C-46, An Act to implement the Free Trade Agreement between Canada and the Republic of Panama, the Agreement on the Environment between Canada and the Republic of Panama and the Agreement on Labour Cooperation between Canada and the Republic of Panama. The Liberal Party will be supporting the bill.

I would like to raise a couple of concerns about the government's lack of action on increasing U.S. protectionism and its failure to seize trade opportunities with Indian recently, China, South Korea and other countries. I will also raise concerns about the lack of a tax treaty.

Canada is now experiencing the first trade deficits it has seen in 30 years. Indeed, the country set a trade deficit record in July of $2.7 billion. The government's priorities are concerning. Rather than pursue east-west bilateral or multilateral trade opportunities with growing economies such as India and China, the government is focused on trade agreements with smaller nations, representing a small fraction of our trade. It focuses on a misguided crime and justice agenda, which does little to stimulate the economy or to create jobs.

The Liberal Party supports the principle of free trade. Canada is a trade-dependent nation. Eighty per cent of its economy depends on access to foreign markets for Canadian exports. Liberals support initiatives that create jobs and improve market access for Canadian businesses.

In 2008 Panama had one of the highest real GDP growth rates in the Americas at almost 11%. Despite the global economic downturn, Panama posted a positive growth in 2009 at 2.4%, a trend that is expected to continue throughout 2010 and 2011.

The expansion of the Panama Canal is currently under way and is slated to be completed by 2014 at a projected cost of $5.3 billion. The expansion is expected to generate opportunities for Canadian companies in such areas as infrastructure and construction, as well as the environment and heavy engineering, consulting services, capital projects, human capital development and construction materials.

Like the Canada-Chile and Canada-Costa Rica free trade agreements, the North American Free Trade Agreement and the free trade agreement with Jordan, the Canada-Panama free trade agreement would include side agreements on labour co-operation and the environment.

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

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

Yes, Panama is a relatively small economy, as I mentioned. In 2009 Canada exported only $90 million of goods to that country. Yet it is a relatively stable country that has made significant progress in recent years in terms of development and democracy, which Canada is well-placed to continue to encourage.

In spite of the global economic downturn, Panama's GDP grew at almost 11% in 2008, one of the highest in the Americas, and is forecast at almost 6% in 2010. In 2009 bilateral trade between the two countries totalled $132 million, Canadian exports making up $91 million of that and imports $40.7 million.

Primary Canadian exports to Panama include machinery, vehicles, electronic equipment, pharmaceutical equipment and frozen potato products. Canadian service exports include financial services, engineering, information and communication technology services. Merchandise imports from Panama include precious stones and metals, mainly gold, fruits, such as bananas, nuts, fish and other seafood products.

The existing Panama Canal, vital for the international trading system, is undergoing a massive expansion, with completion slated for 2014. The $5.3 billion expansion is already generating business opportunities for Canadian companies. Canada will immediately eliminate over 99% of its tariffs on current imports from Panama should this proceed.

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

On the matter of a tax agreement, my party has some concerns that nothing has been undertaken. The concerns reflect the lack of a tax treaty. Neither a DTA, which is a double taxation agreement, or a TIEA, a tax information exchange agreement, has been signed with Panama. However, the Liberal Party will support this bill on the basis that a tax agreement will ultimately be achieved between our two countries. We will not put the benefits of free trade on hold while we wait for either a DTA or a TIEA. We believe a delay would take away the clear competitive advantage that a free trade deal would give Canadian businesses and farmers given the lack of free trade that currently exists between Panama and the United States.

At this point I wish to highlight some real concerns about the Conservative government's approach to international trade. We are losing the concept of free trade with our biggest trading partner to the south, the United States. When the recession hit, the U.S. government responded with protectionism in putting forth its buy American policies and tighter rules and regulations. The Conservative government initially stood by watching as if it did not know what had hit it. It engaged in photo ops in Washington, not realizing that the battle needed to be fought across all states at the state level.

By the time a so-called exemption was worked out, which itself required significant concessions by Canadian provinces, the protectionism in the United States had already hurt Canadian businesses, costing real Canadian jobs. The exemption only covered 37 states, a great example of how it is not just Washington that must be engaged.

Despite our vociferous efforts to get the Conservative government to engage much more forcefully at the state level, the government did not seem to understand either the whats of the negative effects on Canadian business or the hows of fixing the problem, and here we are again. The United States is threatening more protectionist legislation with its foreign manufacturers legal accountability act, which, although not technically aimed at Canada, would significantly hurt many Canadian businesses and affect many Canadian jobs.

I also want to use this opportunity in the debate on the merits of free trade to encourage the government to do much more in its dealings with China, South Korea and others. I acknowledge the announcement and production of the report last week between Canada and India, and I am encouraged that this is moving in the right direction.

I urge the government to capitalize on the extraordinary growth and scale that presents such fantastic opportunities for so many Canadians here and around the world, an economy that is growing at an incredible rate.

There are incredible investment opportunities being made in infrastructure, water, sewage treatment and public transit. We have been told repeatedly by the Chinese people that they are looking for green technology, for forestry products and for investments in the financial services industries. There are tremendous opportunities for trade in educational services, in co-operation and engagement not just at the Canada-China level but provincially and municipally as well.

We in the Liberal Party have stressed and will continue to stress the importance of Canada in the world. In support of this, we have proposed the concept of global networks. We say that the older, simpler concept of trade and commerce on its own, of simple export and import of goods and services, should be expanded to include all kinds of engagement on all levels, such as education, culture and environmental co-operation, a much greater engagement, a much broader engagement and exchange of people and ideas.

I look forward to this bill moving along as quickly as possible while formalizing a solidified tax treaty. In doing so, I intend to give my full support to the bill and I urge all hon. members to do the same.

Canada-Panama Free Trade ActGovernment Orders

February 3rd, 2011 / 3:25 p.m.
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Bloc

Guy André Bloc Berthier—Maskinongé, QC

Mr. Speaker, I am pleased to be speaking today about Bill C-46. This debate has been lively because of the divergence of opinions among the various political parties as well as their different values. The debate about these free trade agreements with Colombia and Panama is a debate about conflicting values.

I am speaking about this bill today because it deals with an agreement that I have been following for a while, having sat on the Standing Committee on International Trade for a few years.

To begin, I would like to say to the House that we, too, will be supporting the proposed amendments, even though they would void this bill. The fact remains that we think that is a good thing. In fact, this bill would allow Canada to sign an agreement with a tax haven, that is, with Panama. While the government is saying that it wants to fight against tax havens, it is now ready to sign a free trade agreement with a country that is on the OECD's tax haven blacklist.

We are against this free trade agreement. We now know that this tax haven, Panama, denied Canada's request for more tax information. In exchange, the two countries agreed on double taxation. That is nothing like our request for more tax information from each country once the agreement is signed.

The Bloc Québécois is not against all free trade agreements. We were against the one with Colombia, clearly, as well as the one with Panama. However, we were the first party in this House to call for a free trade agreement with the European Union. And we believe that agreement is more fair and reasonable for Canada and Quebeckers.

And we, the sovereignists, orchestrated the free trade agreement that was signed in the 1980s with the United States and Mexico. We are in favour of a free trade agreement when it is fair to workers and the economy and when it complies with environmental or labour standards or standards that make investment as prosperous for Quebec and Canada as for the country signing the bilateral agreement.

In the case of the free trade agreement with Colombia, I participated in the mission to Colombia and Panama in order to meet with different people affected by the agreement. I remember very well that the unions, women's groups and labour groups were opposed at that time to the Canada-Colombia free trade agreement for all sorts of reasons. There was the corruption, even within the Uribe government, and the role of the paramilitary, who protected some mine operators who exploited workers. We were against the agreement. It was unacceptable to Quebec and Canada.

Justice and fairness are values held by Quebeckers. We meet the standards of the International Labour Organization, as well as environmental standards. It is hard for us to imagine signing agreements with countries that do not respect these fundamental values.

As a leader in labour, environmental and economic relations, we should set an example and sign agreements with people and countries that respect our values. The opposite is true in the case before us. We are signing agreements with countries that do not respect our values. There is a lot of talk about drug dealers in Panama. It is a country where drug dealers launder money, a country that has many tax shelters. This agreement could allow some companies to avoid paying taxes, which would further reduce Quebec's and Canada's tax base. Our tax base equips us with more health and education services, social policies and social programs.

By signing an agreement with this country, the government would certainly encourage some companies to export, but there is a risk that these companies could take advantage of very low taxes and tax opportunities in Panama, which would lead to the loss of considerable revenue.

The situation in Panama is not as serious as the situation in Colombia, but it is still rather worrisome. First, there is the issue of workers' rights, which are not very well protected in Panama. Members will recall an announcement that made international headlines on June 30, 2010. The government of President Ricardo Martinelli passed Law 30, which was deemed to be anti-union legislation. This law included a reform of the labour code that was considered to be repressive because it would criminalize workers who demonstrated in defence of their rights. The Government of Panama recently agreed to review this law, but we have every reason to be concerned about the government's true willingness to comply with international labour conventions.

As parliamentarians and in the name of international solidarity, we must take action and speak out against bilateral free trade agreements that violate workers' rights.

Unfortunately, the Conservative government, with the support of the Liberals, is claiming that this kind of bilateral free trade agreement will generate revenue, create jobs and improve our competitiveness. I do not believe that the Canada-Panama free trade agreement will benefit workers in Berthier—Maskinongé or the rest of Quebec.

We must not forget that Panama is still considered to be a tax haven and a place that does not comply fully with international labour laws. The Conservative Minister of Finance told us that he was currently negotiating a tax treaty with Panama in order to tighten the rules on banking transparency to better combat tax evasion. We recently learned that Panama has no interest in signing this type of treaty. Furthermore, nowhere in the Minister of Finance's records do we see any evidence that such a treaty with Panama currently exists or is under negotiation.

Business of the HouseOral Questions

February 3rd, 2011 / 3:05 p.m.
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Ottawa West—Nepean Ontario

Conservative

John Baird ConservativeLeader of the Government in the House of Commons

Mr. Speaker, we are working hard to make Parliament work. I know that when it comes to Bill C-49, the Liberal House leader and his caucus want to kill Bill C-49. They do not want to send it to committee. We will call Bill C-49 for debate. We will call it for a vote and we look forward to members going on record to take their positions on that very clearly.

The government continues to make Parliament work and has been able to move our legislative agenda forward this week. I thank all members of the House for passing Bill S-6 Serious Time for the Most Serious Crime Act, which would get rid of the faint hope clause, and make its way through the House of Commons. I think that was a good day. There were a number of victims' representatives in the gallery and I was very proud of that, as I think all members should be. We also passed Bill C-48 Protecting Canadians by Ending Sentence Discounts for Multiple Murders Act, which will move to the other place.

Today we will continue the debate on the report stage of Bill C-46 Canada-Panama Free Trade Act, Following Bill C-46, we will call Bill S-10 Penalties for Organized Drug Crime Act, and Bill C-55 Enhanced New Veterans Charter Act.

Next week we will continue with the unfinished business from this week, plus Bill C-57 Improving Trade Within Canada Act; Bill C-50 Improving Access to Investigative Tools for Serious Crimes Act; Bill C-12 Democratic Representation Act; and Bill C-20 An Action Plan for the National Capital Commission, .

To respond to the Liberal House leader's question, we will have opposition days scheduled for Tuesday, February 8 and Thursday, February 10, which would be for the Bloc Québécois.

I also will be giving priority to any bill that is reported from committee so that we can continue to move the legislative agenda forward.

Motions in AmendmentCanada-Panama Free Trade ActGovernment Orders

February 3rd, 2011 / 1:45 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 at this stage of Bill C-46.

Amendments have been proposed, and some of our colleagues have claimed that they gut the bill. It is exactly for that reason that we support these amendments.

This bill would implement a free trade agreement with Panama, which is not a good agreement. Many people, both Conservatives and Liberals, have spoken about the economic advantages. However, we cannot deny, and I believe we must acknowledge, that Panama continues to be a tax haven in the eyes of the OECD. Panama has not been taken off the OECD's grey list of tax havens.

Apparently, Panama has taken steps to be removed from this list, but that has not yet happened. Panama still has to conclude agreements and tax treaties with certain countries. Canada would be able to verify or monitor tax evasion by Canadian citizens if it signed a tax information exchange agreement with Panama.

When the bill was being studied, we heard that the Minister of Finance or the Minister of International Trade, I do not remember which one, had written to his counterpart in Panama about negotiating and signing such an agreement. The committee asked different witnesses on a number of occasions if Panama had agreed. To date, we have not been given an answer. We even heard a representative of the Government of Panama tell us, at the Standing Committee on International Trade, that it was not in the interests of his government to enter into a tax information exchange agreement with Canada.

If it is not in the interests of the Government of Panama, why is the Canadian government so intent, despite everything, on going ahead with this free trade agreement and passing an implementation bill, when that would mean giving away all our bargaining power with respect to Panama?

It is because we have given in to Panama. We have given in and will allow it to have free rein so that Panama can tax Canadian businesses. It has said that it wants to sign a double taxation agreement, which really means a no tax agreement. Canadian businesses will be able to repatriate profits to Canada, tax-free, and pay minimum tax in Panama. That is absolutely unbelievable.

The Canada Revenue Agency cannot even say estimate how much tax revenue it will lose because of such an agreement, how much tax leakage the middle class will have to make up through their work and their own taxes.

It is absolutely incredible that we are moving forward with such an agreement. That is why the Bloc Québécois is in favour of the proposed amendments. At least some attempts have been made to improve the bill. In committee, it was proposed that Canada and the Republic of Panama ratify a tax information exchange agreement, based on the OECD model agreement on the effective exchange of tax information, that would not cause Canada to lose tax revenue.

The Conservatives and the Liberals voted against that idea. They could at least have said they want to conclude a free trade agreement with Panama. As many have pointed out, such an agreement might not be such a bad idea.

However, if we end up losing revenue and promoting tax evasion and money laundering, I think that ethically speaking, we have to ask ourselves some serious questions.

Should we continue to move forward with this? The Bloc Québécois says no. We absolutely must wait and see whether this possible agreement could be used as a negotiating tool and as a way to put pressure on Panama to get off the OECD's grey list of tax havens and sign a tax information exchange agreement with Canada. That would be fairer for Canada.

I want to come back to the testimony of Richard Montroy, a Canada Revenue Agency senior manager who testified at the Standing Committee on International Trade on November 17. We asked him whether companies could still bring tax-free profits back to Canada when there is a tax information exchange agreement in addition to a free trade agreement. He said yes.

In other words, there will always be companies bringing money back home no matter what. However, if we had all the tax information on Canadians and their investments in certain countries, we could recover some of the money that is eluding the Canada Revenue Agency.

That is not the case. The government has given up. The Bloc Québécois thinks we absolutely must support these amendments, go back to the drawing board and wait until Panama does its homework before moving forward.

Motions in AmendmentCanada-Panama Free Trade ActGovernment Orders

February 3rd, 2011 / 1:15 p.m.
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South Shore—St. Margaret's Nova Scotia

Conservative

Gerald Keddy ConservativeParliamentary Secretary to the Minister of International Trade

Madam Speaker, it is a privilege to rise to speak to this bill. I did not expect to be speaking to additional NDP amendments to the bill, but I can honestly say I am not terribly surprised.

Without question these amendments are dilatory, obstructionist and unnecessary. They are a thinly veiled attempt to kill the bill, nothing more, nothing less. Worse yet, in my opinion, they disrespect the committee process because all committee members had ample opportunity to put forward all of their amendments at committee stage. We had lengthy debate and heard numerous witnesses, yet here we are debating four amendments that have nothing to do with the substance of the bill. They are only here to kill the bill.

I am happy to speak to Bill C-46, the Canada-Panama free trade agreement, and am privileged to do so.

We need to recognize a few facts, because the previous speech was pretty short on facts.

Panama is a strategic hub for the Americas. It is an important nexus of commercial activity throughout the region. It is already an important market for Canadian businesses. In 2009, two-way merchandise trade between our countries totalled $132.1 million. Panama is a market with great potential, and this free trade agreement would help Canadian businesses take advantage of the opportunities that it offers. I have a personal example.

There is an engineering firm in my riding that specializes in the oil and gas sector. At the present time it is looking at some contracts in Panama. In order to fulfill those contracts, because of the duty, the company is better off to use its subsidiary business in Mexico and ship straight from Mexico to Panama. If this deal goes through, those jobs will stay in Canada.

This agreement would also establish a level playing field so that our companies could maintain or improve their competitiveness in a market where strong competitors, such as the United States and the European Union, have or are seeking preferential access.

A Canada-Panama free trade agreement would result in tangible benefits for Canadians. For example, it would be of key importance to Canadian merchandise exporters.

In 2009, two-way trade between Canada and Panama in non-agricultural merchandise amounted to $104.2 million with Canada's non-agricultural exports to Panama totalling $68 million. The hon. member wants to ignore the numbers as if they did not exist, but we have substantive trade between Canada and Panama now. It begs the question: why would we not include clearer rules to establish beneficial rules-based trading with a country that we are already trading with, that helps Canadian businesses and helps Canadian jobs?

Key Canadian non-agricultural exports to that market have included pharmaceuticals, machinery, vehicles and electrical and electronic equipment. Once implemented, our agreement with Panama would immediately eliminate tariffs on 99.9% of recent non-agricultural imports from Canada. The agreement would eliminate tariffs ranging from 5% to 11% on Canadian pharmaceutical exports to Panama, which amounted to $10.8 million last year.

Canadian machinery and automotive exports to Panama are currently subjected to tariffs as high as 15% to 20% respectively. Under the free trade agreement these barriers would be eliminated.

In these challenging economic times, when our manufacturing sector benefits, the country benefits.

In the forestry sector the Canada-Panama free trade agreement would eliminate tariffs as high as 15% on a range of wood and paper products, creating new opportunities for Canadians in the export of lumber, plywood, books, packaging materials and other products.

Here at home the forestry industry accounts for approximately 12% of Canada's manufacturing GDP and directly employs 230,000 Canadians. As the Forest Products Association of Canada has said, it is the economic lifeblood of over 200 communities in our country. Our government is working to ensure that industries like this one that contribute so much to our economy have access to growing markets like Panama and have the ability to make the most of the opportunities there.

In terms of our agricultural trade, Canadian producers exported $23.6 million of agriculture and agrifood products into Panama in 2009, and there is room to improve.

Panama currently applies tariffs on many agricultural products, some as high as 20%. Once implemented, the free trade agreement would immediately eliminate tariffs on goods accounting for 94% of Canada's agricultural exports to Panama. This would benefit Canadian farmers countrywide, including exporters of frozen french fries, pulses, malt, oilseeds, beef and pork products, maple syrup and Christmas trees.

Canada Pork International has gone on record that Panama is one of the Canadian pork producers' top 15 markets. Approximately $5 million worth of pork products are exported there each year. They support the Canada-Panama free trade agreement and have emphasized the importance of moving ahead with this agreement to take advantage of entering a market ahead of our largest competitors.

The benefits of having access to the Panamanian market do not end with our agricultural and non-agricultural goods, producers and exporters. A free trade agreement with Panama would also improve access for Canadian service providers looking to enter this dynamic and growing market. Panama is a services-oriented economy and some in Canada's service sector have already established operations there.

In 2008, our commercial services exports to Panama totalled $12 million. This includes those providing financial services, engineering and professional services, information and communication technology services, and others.

The Canada-Panama free trade agreement would help Canadian service providers expand their operations, pursue new opportunities, and keep pace with their competitors.

In its services negotiations, Canada obtained access beyond Panama's World Trade Organization commitments, particularly in areas of export interest to Canada, including mining services, energy services and environmental services. This means preferential access for Canadian service providers in sectors where Canada has expertise to share.

The Canada-Panama free trade agreement would also establish new rules to govern trade in services, ensuring the secure, predictable and equitable treatment of service providers from both countries.

This is to ensure that a company such as SNC Lavalin, which is leading a consortium to build a $4 billion copper mine in Panama, owned by Inmet, a Canadian mining company, will directly benefit from this agreement.

We are making our way through some difficult economic times. Many hard-working Canadians are looking for us to show leadership on the economy, promote sustainable economic improvements, and create opportunities for job growth. Our government has made a commitment to do just that, to help Canadians capitalize on their expertise and expand into new and exciting markets.

Canada's producers, exporters and service providers are constantly faced with fierce competition, and we must do what we can to ensure they compete on even ground with their competitors.

We must continue to reduce barriers to trade and negotiate competitive terms of access in global markets. We must show the world that Canada's businesses are second to none.

A free trade agreement with Panama would help to do this.

For all of these reasons, I call on all hon. members in this House, including the members of the NDP, to support Bill C-46.

In the time remaining, I would like to summarize some of the highlights of this bill. There are a couple that we cannot ignore.

We cannot ignore the increased traffic that will go through Panama after it is finished twinning the Panama Canal. We can look at that as an obstruction, a challenge, or we can look at that as an opportunity. Quite frankly, I look at it as an opportunity. There is no reason that increased flow of traffic cannot feed our container ports on the west coast and east coast of Canada.

We simply do not have to wait for the European Union or the United States to sign free trade agreements before we come in a day late and a dollar short. We are leading the way, we are promoting Canadian businesses, and we intend to continue.

He said: Madam Speaker, I am pleased to rise on the NDP amendments to take out certain key portions of Bill C-46, which is the implementation legislation on the free trade agreement with Panama.

The reason why the NDP is opposing this agreement, as many of the witnesses who came before the standing committee can attest, is because this is just another symbol of what has been a pretty dysfunctional trade strategy from the government.

Over the last 20 years, the middle class has been gutted. We have seen reduced incomes for most Canadian families and increasing inequality. Inequality in Canada is at the same level as it was in the 1920s. A lot of this is due to a series of bad right-wing economic policies that have been put forward, first, by the Liberal government and continued by the Conservative government. One of the components within that is how the Conservative government approaches trade strategy.

We will hear Conservatives in the House talk about how this is a fantastic opportunity and that Canadians will prosper. Canadians have heard that line in agreement after agreement. The government said the same thing about the softwood lumber sellout. It said the same thing about the ship building sellout. It said the same thing about the buy America sellout.

However, we have seen the contrary. We have seen middle class incomes eroding, poor Canadians getting less and struggling harder to make ends meet. In part, it is because the government signs these agreements without due thought to the consequences.

This may be surprising, but the Conservative government does not even do impact studies before it signs these agreements. It just goes ahead from the back of a napkin, hoping and praying that everything will turn out right.

It is fascinating to actually look, in real terms, at the export figures. Every time we have signed a bilateral trade agreement, our exports to those markets have actually gone down and not up.

We will hear some bafflegab from Conservatives later today and they will use a very clever trick. Instead of using real dollars, they will use current dollars. As we know, if we use current dollars, we can throw out anything and show that people are earning more money because the inflation rate and devaluation that takes place is not taken into consideration in that purchasing power. It is the same thing with exports. In real terms, in constant dollars comparing apples to apples in the markets that the Conservative government has signed these bilateral trade agreements, our exports have gone down. That is a statement of fact.

The Conservatives will try a lot of bafflegab, but a real reason why their trade strategy is so dysfunctional is because they have not done their homework and checked the figures. In fact, the NDP did the research through the Library of Parliament because, after asking DFAIT month after month, the Department of Foreign Affairs and International Trade was unable to give the actual real-term constant dollar value of our exports to those markets.

I will cut to the chase. We have a dysfunctional Conservative government with a dysfunctional trade strategy. The government is making most Canadians poorer because it is not giving due thought to the impacts of what these trade agreements are and has a rabidly right-wing approach on trade agreements generally.

We have signed a trade agreement with Panama, but what is the problem with Panama? In a study from the Internal Revenue Service of the United States, tax havens and criminality are mentioned as well as what happens in Panama because of its encouragement to launder dirty money. The study says that 75% of all sophisticated drug trafficking operations use offshore secrecy havens like Panama.

I will cite from Tax Havens: How Globalization Really Works by Ronen Palan. He states, “It is evident to all who have studied the offshore banking business that its growth has been fuelled by the phenomenal increase in cash from the U.S. drug trade”.

The IRS states that of the investigations it has conducted, 45% involved illegal transactions derived from legal income and about 55% of cases actually dealt with illegal income from drug trafficking. The IRS cites the offshore money laundering havens where this takes place, which is very interesting. Leading them all is Panama and the Cayman Islands. The sites named by the IRS account for 85% of all cases involving transactions of illegal income.

It is not simply a process of signing a trade agreement with just any country. We are talking about the leading money laundering dirty drug money tax haven in all of the world tied with the Cayman Islands. The the government has a trade agreement with it.

I will not have time today to go into the labour violations, environmental standards or treatment of aboriginal people in Panama. However, I know my NDP colleagues will be mentioning this over the next few hours and days of debate. Instead I will focus on the issue of the money laundering of dirty drug money.

The Conservatives know full well the fundamental issue that has come up and stopped Congress in the United States from moving forward with a trade agreement with Panama. It apparently has higher standards than the Conservative government. One would think the Conservative government would then say that it would negotiate hard on behalf of Canadians, that it would put a stop to the money laundering of dirty drug money and that it would demand a tax information exchange agreement with the Panamanian government. It did not do that.

It sent a letter last year and the Panamanian government did not deign to respond for a long time. However, because the Conservatives are soft on the crime of money laundering dirty drug money decided they wanted to move ahead with the trade agreement, despite the fact it had absolutely no commitment from the Panamanian government to clean up the mess.

What response did they get? We will hear Conservatives say that they got a commitment from the Panamanian government to clean up all the money laundering of dirty drug money that takes place in Panama. That is what they will tell parliamentarians and the public, but they do not have a tax information exchange agreement. Even something minor like a double taxation agreement only deals with legal funds. It does not deal with the money laundering of dirty drug money that takes place in Panama as I speak.

The Conservatives did not get any of those assurances. However, there is a clause in the bill. What does the clause in the trade agreement actually say? It says that nothing should impede the transfer of funds in or out of the country. I guess what the Conservatives are saying is that not only is having a tax haven okay, which they are fine with as they are soft on the money laundering of dirty drug money, but it also says that they cannot stop the flow. If the Hells Angels decides it wants to money launder in Panama, I guess that means the trade agreement says that is okay, too.

These are the fundamental points about which people who voted for the Conservatives in the past should be concerned. We are not talking about economic development or progress. This dysfunctional trade policy has actually put the lie to those pretensions.

We would not be seeing most family incomes and exports to those bilateral markets go down in real terms, despite the bafflegab where the Conservatives try to magically produce, on the basis of current dollars, some kind of magical formula that does not take into consideration the fact that exports have gone down because the export strategy, pretty pathetically, is dysfunctional and failed. It is not just that. The agreement itself allows that protection and comfort for the money laundering of dirty drug money.

This is fundamentally hypocritical. It is appalling to me that a Conservative government that is so soft on white collar crime and so soft on the laundering of dirty drug money, if it is trying to push an election at the same time, would actually bring this bill forward. Over the next days of course we are going to be raising these issues, and of course Conservative voters would be the most concerned about this hypocrisy from the Conservative government.

International TradeCommittees of the HouseRoutine Proceedings

December 14th, 2010 / 10:05 a.m.
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Conservative

Lee Richardson Conservative Calgary Centre, AB

Mr. Speaker, I have the honour to present, in both official languages, the fourth report of the Standing Committee on International Trade.

In accordance with its order of reference of Tuesday, October 26, 2010, the committee has considered 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, and agreed on Monday, December 13, 2010, to report it without amendment.

December 13th, 2010 / 4:35 p.m.
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Conservative

The Chair Conservative Lee Richardson

Thank you.

Mr. Julian, if you would, just prior to any further debate on it, I think it's important to mention that we've asked for a ruling on this proposed amendment. I will simply read it out with regard to Bill C-46:

Bill C-46 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 amendment attempts to insert conditions upon the coming into force of some of the provisions of the bill. As House of Commons Procedure and Practice (2nd Edition) states on page 769: “An amendment intended to alter the coming into force clause of a bill, making it conditional, is out of order since it exceeds the scope of the bill and attempts to introduce a new question into it.” In the opinion of the Chair, the introduction of these conditions is a new concept that is beyond the scope of Bill C-46 and is therefore inadmissible.

So that would be the ruling of the chair. Obviously, we can have debate on that, but I think we're going to rule the amendment out of order.

Mr. Julian, do you want to comment, or overrule the chair?

December 8th, 2010 / 3:55 p.m.
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Conservative

The Chair Conservative Lee Richardson

I call the meeting to order.

Welcome. We were delayed by a vote in the House, so I apologize to our witnesses, who have been very patient, and most particularly to Ms. Healy, who has been more than patient, having had to go through this twice.

We will continue our discussion of Bill C-46, an act to implement the free trade agreement between Canada and the Republic of Panama, as well as 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.

We will hear from three witnesses today. We have--returning from a previous meeting that had to be cancelled because of votes--Teresa Healy, who is a senior researcher of social and economic policy development with the Canadian Labour Congress.

Welcome back. You'll have any time you need today.

We have something a little different today. We have a video conference, as all those around the table can see, but we also have a teleconference.

First, from Panama City and the Environmental Advocacy Center, we have Félix Wing Solís, executive director.

Mr. Solís, can you hear me?

December 1st, 2010 / 3:50 p.m.
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Dr. Teresa Healy Senior Researcher, Social and Economic Policy Department, Canadian Labour Congress

Thank you very much.

On behalf of the 3.2 million members of the Canadian Labour Congress, we want to thank you for affording us this opportunity to present our views today.

The CLC brings together Canada's national and international unions, along with provincial and territorial federations of labour and 130 district labour councils, whose members work in virtually all sectors of the Canadian economy, in all occupations, in all parts of Canada.

I'm here to reflect with you today upon the provisions of Bill C-46, an act to implement the free trade agreement between Canada and the Republic of Panama, and the agreement on labour cooperation between Canada and the Republic of Panama. I'd like to discuss with you our views on the labour provisions of the agreement as well as the context within which this agreement is being considered.

First of all, I'll turn to the labour provisions.

The Canada-Panama free trade agreement, chapter 18, is a two-and-a-half page outline of objectives and obligations on labour issues, which are elaborated separately in the agreement on labour cooperation. As in previous labour side agreements, the focus is on enforcing domestic labour law rather than raising standards. In line with Canada's recent commitments, International Labour Organization core labour standards are invoked.

In its cooperation agreement with Panama, Canada is following the pattern set in agreements with Colombia and Peru. These agreements are all stronger than NAFTA and the Canada-Chile agreements, so they represent, in effect, a different generation of labour provisions.

This agreement includes specific protections for the prevention of occupational injuries and illnesses, and compensation for such injuries. As well, the language concerning acceptable minimum standards is broader than that in Canada's agreements with Peru and Colombia.

However, the Canada-Panama agreement does not include specific protection for the right to organize and the right to strike. It provides instead for the “effective” recognition of the right to collective bargaining. On trade union rights, then, the agreement is weaker than previous agreements.

As well, there is a non-derogation clause in the labour side agreement. Article 2 states the following:

Each Party shall not, as a means to encourage trade or investment, waive or otherwise derogate from, or offer to waive or otherwise derogate from, its labour law in a manner that weakens or reduces adherence to the internationally recognized labour principles and rights referred to in Article 1.

This is a key article; it is a very important article. In other words, any violation of ILO standards cannot be raised if the requesting party cannot demonstrate that the violation was “a means to encourage trade or investment”.

There are, in addition, serious problems with part two, “Institutional Mechanisms”. Each party must provide some means by which its nationals or an organization or enterprise established in the territory of the party may communicate on issues related to labour law. For example, a trade union may raise a complaint, but it is up to the party itself to go to the next step of requesting ministerial consultations.

This may be followed up by a review panel, if the matter is trade-related and if the party that requested the consultation requests this next step. The review panel then makes a report with recommendations, the parties may submit comments to the panel, and then the review panel makes a final report. If the final report indicates that there has been non-compliance, then the parties may develop an action plan to implement the recommendations. Failing that, the requesting party may further request monetary fines of not more than U.S. $15 million.

The process is more streamlined than in previous agreements, but it is still a long and drawn-out process. There is no right of independent action by trade unions or any other human rights organization.

The requesting party must establish that the violation arose in order to encourage increased trade and investment; there is no independent review; the process is entirely controlled by the two governments and the bureaucracies established for this purpose; there is no judicial process. The process is not transparent. Again, it's not independent.

As has been noted by labour lawyer Mark Rowlinson, the agreement is intended to provide a forum for political negotiation between states rather than justice for workers whose rights have been violated. In contrast, the investment provisions of this agreement are much more demanding of governments and national sovereignty.

On labour issues, fines are small; there are no countervailing duties; there's no provision for abrogation or any other such remedy; and yet again, labour provisions remain in a side agreement rather than in the body of the text.

Let me speak a bit about the context of labour rights in Panama.

Panama is a country with a population of about 3.4 million people. It is currently recording relatively high growth rates, but it is the second most unequal society in the region: 40% of the population is poor and 27% is extremely poor, and the rate of extreme poverty is particularly acute in indigenous populations. Although the country has endured extensive structural adjustment, liberalization, and privatization in recent years, this has not translated into economic benefits for the population.

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

The severity of this attack on labour rights was met with strikes and demonstrations. The police were exceedingly harsh in their response—and this was just this past summer. At least six people were killed, protesters were seriously injured, and many were blinded by tear gas and police violence. Three hundred trade union leaders were detained before the President withdrew the labour provisions and called for a national dialogue of moderate trade union leaders and business leaders.

As a result of this political crisis, the government withdrew the most egregious aspects of the law. However, serious problems remain in labour law, and the disregard for labour rights continues to characterize this government. Let me give you an example, that of the free trade area of Baru.

Panama is rich in resources and is home to the most important shipping route connecting the Atlantic to the Pacific Ocean. The country is currently undertaking a $5 billion expansion of the Panama Canal. Recently, the Panamanian government established a free trade zone in the district of Baru in the region where Chiquita banana has reduced operations. The Zona Franca de Bar´ú is located on the port of Armuelles and is intended to be a deepwater container and cruise ship port as well. It will house over 200 storage facilities as well as a marina. It is also destined to be a hub connecting a four-lane highway to the Caribbean side of the isthmus.

Despite the $5 billion expansion of the Panama Canal, it is thought that this dry canal will be needed because newer-generation cargo vessels will become too large for the existing canal. The zone will promote agri-industry and will establish an oil refinery.

I give this description of what's meant to happen here because it's significant. The government created a new law for the establishment and operation of this special economic area. Unfortunately, this new development is borne on the backs of workers.

Article 7 of the law regulating this special economic area makes all collective bargaining a discretionary option for employers for the first six years of operation. Article 17 ensures that for the first three years of employment, certain protections in the labour code will not apply. These protections relate to the conversion of short-term contracts to indefinite-term contracts. Article 18 provides that a worker can be legally dismissed if there are fluctuations in export markets that bring about a considerable loss in the volume of sales.

I use this example to make the point that free flows of trade and investment do not automatically lead to better wages and working conditions. In fact, the reason for this new free trade zone is precisely to provide incentives to ensure that the flow of goods and services attract and promote investments, generate employment, and make the Baru region globally competitive.

New laws are outright contrary to the non-derogation provisions of the labour chapter, and if these new laws had been established after the free trade agreement came into force, they would be considered contrary to the agreement. It would appear that not only are the free trade zones exempt from national labour laws, they are above international labour provisions as well—and the spirit of those.

I think I've reached the end of my ten minutes, and I have other comments on the tax information exchange agreement and the culture of impunity, which I'll be happy to speak about in questions, if we have time.

Thank you very much.

December 1st, 2010 / 3:40 p.m.
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Sam Boutziouvis Vice-President, Economics and International Trade, Canadian Council of Chief Executives

Thank you, Chair Richardson and honourable members, for the opportunity to appear this afternoon to discuss Bill C-46.

The Canada-Panama FTA is in the best economic interests of Canada. The free trade agreement that has been negotiated on behalf of Canadians is comprehensive and of high quality. It will benefit the Canadian and Panamanian economies and will provide positive employment opportunities. The agreement will contribute to political stability, democracy, and greater openness and integration in the western hemisphere. It will also contribute to Canada's overall priority to enhance economic cooperation in the region.

The Canada-Panama FTA will improve market access in Panama for Canadian farm products, particularly wheat, as well as industrial and other non-agricultural goods and services. The agreement provides a framework for expanded two-way trade opportunities. While our bilateral trade and investment is modest, this agreement will help Canadian farmers, manufacturers, service providers, contractors for government procurement, mining and resource companies, and consumers.

The reality is that Panama is not a large market for Canada. At about $132 million in total two-way trade, one could easily conclude that this agreement has limited potential for Canadian businesses and workers. But such thinking would dismiss the potential of this market for growth and investment in the future, as well as the strategic importance of the country.

Panama has experienced exceptional economic dynamism in recent years, with average annual GDP growth of 7.5% from 2002 to 2008. Panama's main engines of growth are in the construction and financial services sectors. Panama demonstrated extraordinary resilience in the global financial crisis. The country avoided recession in 2009, growing by 2.4% in real terms, and it is expected to grow by 4% this year. Panama has the most open economy in the region, with a diversified and buoyant export base.

According the Hong Kong and Shanghai Bank, the Government of Panama's investment plan could reach 7.5% of GDP annually for the next five years. This would provide tremendous opportunities in government procurement contracts for companies such as SNC-Lavalin, Hatch Ltd., and other engineering construction firms and service providers.

The government's investment centrepiece will be to expand the Panama Canal to deal with increased traffic to Asia and back. Members of this committee understand very well how strategically located this country is as a global logistics hub. The Government of Panama is in reasonably good fiscal shape, with a prudent approach to expenditure increases and better than expected revenues. Panama's deficit of 1% of GDP is well below its legal limit of 2.5% of GDP.

Panama is on a clear and disciplined path to sustainable growth and development. Over the next five years, the administration of President Martinelli will dedicate $13 billion to public investments in education, roads, airports, mass transport, and other projects. Public finances will remain stable to lower the debt-to-GDP ratio to 35% or better by the middle of the decade. Social investment in reforms will further improve the standard of living of Panamanians, primarily focused, of course, on infrastructure and activities that will stimulate employment and foster sustainable development.

Finally, through accumulation of financial reserves from the Panama Canal expansion, establishment of a sovereign wealth fund will become a national priority.

This committee and this Parliament should act expeditiously so that the FTA can come into effect as soon as possible. Almost 100% of tariffs on non-ag Canadian exports to Panama will be eliminated. This will make Canadian exports of machinery, motor vehicles and parts, pharmaceutical equipment, and pulse crops even more competitive with respect to Panama.

Incidentally, about 90% of tariffs on manufactured goods exports from the U.S. to Panama will be eliminated under their agreement, once their agreement is ratified by Congress.

The Canada-Panama FTA will eliminate tariffs on 94% of ag exports from Canada to Panama. Panama maintains tariffs on agricultural products, as you've heard before this committee before, that average 13.4%, but with tariff peaks as high as 260%. In the still to be ratified U.S.-Panama FTA, half of America's agricultural products will enter Panama duty-free immediately, while most of the remainder will be eligible for free access over a 15-year period.

The Canadian market is already open to Panamanian imports. In 2007, 97% of imports from Panama entered Canada duty-free. So this FTA is not likely to have a detrimental impact on our competitiveness. An FTA would give Canadian businesses, farmers, and workers market access commensurate with that achieved by the U.S. with its FTA with Panama, to level the playing field with our major competitors.

As indicated in FOCAL's analysis submitted to this committee this past Monday, the Canada-Panama FTA includes chapters on investment, intellectual property rights, government procurement, temporary entry for business persons, and side agreements on labour and environment. This more comprehensive style of agreement presents a framework for modest growth in Canada and Panama, and through this agreement, Canada and Panama should expand their dialogue and cooperation on a variety of issues, including security, democratic governance, as well as economic prosperity—important priorities in this hemisphere. Effective dispute settlement provisions are essential to ensure that trade agreements are implemented and enforced fairly, transparently, and in a binding fashion. This agreement provides access to such a dispute settlement process. Positive prospects for growth, increased access, security, openness, transparency, predictability, protection, rules, recourse--all seem to be present in this agreement.

I'll end on this. Not so long ago, Canadian trade, investment, and even foreign policy priorities for Latin America were heavily tied to the free trade area of the Americas. It was an attractive proposition at the time that had the support of the Canadian business community. We have all come a long way since then, since those heady, visionary days of big ideas of negotiating a well-meaning but ill-fated regional arrangement for the hemisphere.

Fortunately, Canada did not stand still. We are indeed in the process of forming a Pacific arc in the hemisphere. Over the past two decades, Canada has negotiated a number of FTAs—from Chile, to Peru, to Colombia, to Costa Rica, to Mexico, the United States, and hopefully soon, Panama. What an accomplishment to be closer to completing a puzzle, at least on the Pacific side of this hemisphere, with a Canada-Panama FTA.

As a final comment, this FTA does not appear to be that controversial and deserves your expedited approval.

Thank you.

December 1st, 2010 / 3:40 p.m.
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Conservative

The Chair Conservative Lee Richardson

Welcome to the 37th meeting of the Standing Committee on International Trade. We are continuing our order of reference on Bill C-46, An Act to implement the Free Trade Agreement between Canada and the Republic of Panama.

We have today witnesses from the Canadian Council of Chief Executives and the Canadian Labour Congress.

We'll get under way. Everyone is familiar with this. We've had both guests here before, so I think they're familiar with the proceedings.

We'll have Sam go first. He's the vice-president of economics and international trade from the Canadian Council of Chief Executives.