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 Economic Growth and Prosperity ActGovernment Orders

November 7th, 2012 / 5 p.m.
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NDP

Anne-Marie Day NDP Charlesbourg—Haute-Saint-Charles, QC

Mr. Speaker, I want to thank my colleagues who have spoken so far to Bill C-24, 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. They have also done a fine job of explaining the NDP's position on this bill and why we oppose it.

I am pleased to speak to Bill C-24 on the Canada-Panama free trade agreement. This is not the first time we have talked about this bill and opposed it. It was introduced in the House in the 40th Parliament, where it reached second reading stage. The bill died on the order paper because of the election, as we all know.

I will try to explain why the NDP opposes this bill and the trade agreements proposed therein.

The free trade agreement is worrisome given the controversies surrounding Panama's track record on respecting workers' rights, human rights and the environment and because Panama is used as a tax haven for tax evasion.

In our opinion, this agreement promotes the exploitation of workers and human rights. When the committee studied Bill C-46, we heard convincing testimony about the fact that Panama had a bad track record when it comes to workers' rights and that the side agreements on labour co-operation were very weak.

Teresa Healy, senior researcher with the social and economic policy department of the Canadian Labour Congress, said:

The Canada-Panama agreement does not include specific protection for the right of association and the right to strike. Instead, it provides “effective“ recognition for the right to bargain collectively. As far as union rights are concerned, the agreement is, therefore, weaker than previous agreements.

On labour issues, the amendments are modest; there are no countervailing duties; there is no provision for abrogation or any other such remedy; and again, labour provisions are in a side agreement outside the main agreement.

She added:

I would like to say a few words about labour rights in Panama.

Panama has a population of about 3.4 million. It is currently enjoying relatively high rates of growth, but it is ranked second among countries in the region in terms of inequality: 40% of Panama's inhabitants are poor, 27% are extremely poor, and the rate of extreme poverty is particularly high among indigenous populations. In recent years, the country has undergone considerable liberalization and privatization, but they have not trickled down to financially benefit the population.

When we look at Panama's labour laws and the lack of protection for its working people, it amazes me that the Government of Canada is in such a hurry to sign an agreement with this country.

Teresa Healy of the Canadian Labour Congress testified before the committee about the labour co-operation agreement. She said that, although the agreement mentions the International Labour Organization's core labour standards, it is still too weak. What is more, in recent years, the Panamanian government has been increasingly harsh on labour unions and workers. We are convinced that this trade agreement does not respect the integrity of human rights.

The Government of Canada issued an official warning that can be found on the site for tourists and investors. It reads:

OFFICIAL WARNING: Foreign Affairs and International Trade Canada advises against all travel beyond the town of Yaviza in Darién Province. The danger zone begins at the end of the Pan American Highway (past Yaviza, about 230 km southeast of Panama City) and ends at the Colombian border. This area includes parts of Darién National Park and privately owned nature reserves and tourist resorts. Due to the presence of Colombian guerrilla groups and drug traffickers, levels of violent crime in this zone are extremely high, with numerous reports of kidnapping, armed robberies, deaths and disappearances.

I would also like to add that Darién National Park is a nature reserve in the Darién region of Panama that has been a UNESCO world heritage site since 1981.

Darién National Park is the largest of Panama's national parks. It is connected to Los Katíos National Park in Colombia.

I would like to quote the hon. member for Newton—North Delta. When the bill reached second reading stage, she said:

It seems that we have not learned too many lessons from our experiences with NAFTA. As a result of NAFTA, we have seen hundreds of thousands of jobs disappear over the border and into other countries.

During the clause-by-clause review, the NDP member for Vancouver Kingsway proposed several amendments that would have made progressive changes to the bill. The changes would have integrated into the bill the protection of workers' rights, including the right to collective bargaining. Other amendments would have required the Minister of International Trade to consult workers and unions, as well as human rights experts and organizations, in order to conduct analyses of the impact of the trade agreement. That motion was rejected by the Conservatives and the Liberals.

As for respecting the environment, the agreement on the environment is an exact replica of environmental agreements we have signed before, such as the Convention on International Trade in Endangered Species, the Montreal Protocol on Substances that Deplete the Ozone Layer, the Basel Convention on the Control of Transboundary Movements of Hazardous Wastes and their Disposal, the Rotterdam Convention on Trade in Hazardous Goods, and the Stockholm Convention on Persistent Organic Pollutants.

Canada and Panama have agreed to not weaken their environmental regulations in order to attract investment, and interested parties must ask the government to investigate suspected violations of environmental regulations. However, it is important to note that there are no financial penalties for non-compliance.

Panama is also a tax haven. In March 2012, Canada and Panama began negotiations on a tax information exchange agreement. However, this agreement has not yet been signed. A lot of money laundering goes on in Panama, particularly with money from drug trafficking. The lack of tax transparency in Panama led the Organisation for Economic Co-operation and Development, the OECD, to label this country as a tax haven. It is often necessary to know the name of the suspected tax evader in order to obtain tax information from the other country. Governments cannot easily access this information.

Before the clause-by-clause review of Bill C-24, the member for Vancouver Kingsway moved a motion in committee to postpone the implementation of the Canada-Panama trade agreement until Panama agreed to sign a tax information exchange agreement. Once again, this motion was voted down by the Conservatives and the Liberals.

We want fair trade. In my riding, Charlesbourg—Haute-Saint-Charles, many people buy fair trade coffee. Do my colleagues have any idea what fair trade coffee is?

Panama is the smallest coffee producer in Central America. In the 2000s, the country experienced a coffee crisis. Producers banded together, and Panama's coffee was chosen as the best in the world for the first time in 2004. Fair trade coffee is the result of demand from consumers who all decided to make choices that would ensure that the producers receive fair payment for their product.

With this free trade agreement, we are worried that small producers will not end up processing or marketing their products. There is a very big risk of a third party taking over these steps, thus depriving the producer of the added value when selling the product. It is no easy task to protect one's business in a sector dominated by a handful of large-scale producers, and this is not a fair market.

Canada-Panama Economic Growth and Prosperity ActGovernment Orders

November 6th, 2012 / 4:15 p.m.
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NDP

John Rafferty NDP Thunder Bay—Rainy River, ON

Exactly. On that same day the Conservative government tabled the agreement in the House as Bill C-46. The bill passed second reading and committee stage, but it died on the order paper at the dissolution of the 40th Parliament. The legislation was reintroduced on November 15, 2011 as Bill C-24. So we can hardly be accused of holding this legislation up.

Nonetheless, we are opposing the bill for a number of reasons. When the committee considered Bill C-46, it heard compelling testimony from witnesses about the use of Panama as a tax haven for tax evasion and avoidance. Furthermore, Panama has a poor record on labour rights and the deal's side agreements on labour and the environment are very weak.

I started my speech by saying that with some amendments and more careful consideration of the bill, we could make it a better bill. Here, I hope that someone on the government side asks me a question about the two side agreements, one on labour and one on the environment. If the Conservatives simply put those side agreements into the body of the agreement, then those agreements would have teeth. Those two side deals would have real consequences in this agreement. We would accept that. That would be wonderful and reasonable, but the Conservatives refused to do it.

We are also very concerned that the agreement provides greater rights and powers to foreign investors. That is worrisome given the controversies on the environmental and human rights records of some firms operating in Panama. Recent committee testimony on Bill C-24 confirms that these issues continue to be of concern. Motions and amendments that would address the glaring issues in the agreement were introduced by our critic from Vancouver Kingsway, but were opposed and defeated by the Conservatives and Liberals.

We have tried to make this a bill that we could support. The amendments were reasonable and well thought out, and I will talk about them in a moment. Prior to clause-by-clause review of Bill C-24, our critic from Vancouver Kingsway proposed to the Standing Committee on International Trade a motion that would stop implementation of the Canada-Panama trade agreement until Panama agreed to sign a tax information exchange agreement, called TIEA. His motion was defeated.

The Conservatives and Liberals argued that progress was being made in the negotiations under way to sign an agreement. Considering Panama's history and reputation in such matters, it should be clear why such an agreement is necessary before signing a trade deal and why we need to examine its terms to assess its adequacy. The U.S. Congress would not ratify the American free trade agreement with Panama until this was signed.

I do not know what happened behind closed doors with the Conservatives. Perhaps they asked Panama to sign the same kind of agreement the Americans had. Maybe Panama refused, but the point is that the Conservatives have gone ahead without having any sort of agreement signed.

Subsequently, during clause-by-clause review of the bill, our critic proposed several amendments that would have made progressive changes to the bill. These included the addition of the crucial concepts of sustainable development and sustainable investment, a requirement for taxation transparency, and provisions to incorporate in the bill the protection of labour rights, including the right to collective bargaining. Other amendments would have required the minister of international trade to consult with labour and trade unions, as well as to work with human rights experts and organizations to create impact assessments for this agreement. A final amendment would have required Parliament to vote on extending the provisions of the act after five years. All of these amendments were voted down by the Conservatives, with the help of the Liberals.

The status of labour rights in Panama is a major concern, and it is a complete failure of this trade agreement that it fails to ensure that these rights are not denied to Panamanian workers, as they would have been in the past. Moreover, I reiterate that the side agreements could easily have been incorporated into the body of the agreement. Had that happened, there might have been considerable support from this side of the House for this agreement. There were other amendments that we proposed, but those two are very important.

We did support the free trade agreement with Jordan. We have, at second reading, voted to support trade agreements to get them to committee so that we could offer amendments to make the legislation even better. Canadians expect us to work together in the House to come forward with the absolute best legislation we possibly can. In this and the last Parliament, we have seen legislation from the other side that could have been better if the government had just accepted suggestions and amendments from our side of the House. It could have been legislation that all Canadians could be proud of.

Two of the amendments put forth in committee by our critic would have protected trade union workers in Panama by offering them the right to collective bargaining, as well as requiring the minister of international trade, as the principal representative of Canada on the joint Panama-Canada commission, to consult on a regular basis with representatives of Canadian labour and trade unions. Like all other amendments, these were defeated.

Unfortunately, this creates a free trade zone that belittles the rights of labour. This is a serious problem that is already quite prevalent in Panama. I believe that we had 13 amendments to the bill at committee stage. Not one of them was accepted. The Conservatives and the Liberals had no amendments. We have been working to make these agreements better, but we have not had any success.

In addition, two amendments regarding definitions were proposed by our member from Vancouver Kingsway. The first was regarding sustainable development. That amendment defined sustainable development as “development that meets the needs of the present without compromising the ability of future generations to meet their own needs, as set out in the Brundtland Report published by the World Commission on Environment and Development”.

The second amendment was regarding the definition of sustainable investment. The amendment would define sustainable investment as “investment that seeks to maximize social good as well as financial return, specifically in the areas of the environment, social justice, and corporate governance, in accordance with the United Nations Principles for Responsible Investment”.

The labour co-operation agreement is not as strong as it could be. Its enforcement mechanisms are weak, the fines are small, there are no countervailing duties, and there is no provision for abrogation or any such remedy. Quite frankly, it is troubling.

We do want free trade, but we support free trade agreements that expand Canadian exports by reducing harmful barriers to trade. We encourage the development of value-added industries. We believe in creating Canadian jobs by increasing market access to our products; increasing productivity by encouraging new investment; diversifying our exports, especially in emerging markets; and also agreements that help reduce Canada's trade deficit.

Canada-Panama Economic Growth and Prosperity ActGovernment Orders

November 6th, 2012 / 3:50 p.m.
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NDP

Rosane Doré Lefebvre NDP Alfred-Pellan, QC

Mr. Speaker, I thank my colleague across the way for his very interesting speech. Before deciding to ask him a question, I took the time to look at the timeline of this agreement and how it was discussed in committee.

In the previous Parliament, the government introduced Bill C-46 on the Canada-Panama free trade agreement, which died on the order paper. The government is now introducing Bill C-24 on the same subject. A number of witnesses came to committee to discuss Bill C-46. They said, among other things, that the Republic of Panama was used as a tax haven and that it had a bad record when it comes to workers' rights and environmental protection.

The hon. member for Vancouver Kingsway moved a number of motions and amendments to address the most contentious aspects of this agreement, but they were all defeated by the Conservatives and the Liberals.

I am sure that my colleague across the way is just as concerned about tax havens, environmental protection and workers' rights as most Canadians. So why then did the Conservatives not support the NDP's amendments to flesh out Bill C-24?

Third readingCanada-Panama Economic Growth and Prosperity ActGovernment Orders

November 6th, 2012 / 1:20 p.m.
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NDP

Jasbir Sandhu NDP Surrey North, BC

Mr. Speaker, it is an honour to rise in the House on behalf of the citizens of Surrey North to speak to Bill C-24, the proposed free trade agreement between Canada and Panama.

As the Asia-Pacific Gateway critic and someone who is very concerned with Canada's trade deficit, I know my colleagues on the opposite side do not like facts and figures but I am going to give them some. When the Conservatives came into power in 2006, our trade surplus was $25 billion. That is a fact. The Conservatives like to talk about trade and how they want to expand our markets. However, under the Conservative government that $25 billion surplus has turned into a $50 billion deficit. That is the Conservatives' record and they like to talk about numbers. I have gotten that off my chest so I will carry on with my speech.

I am very supportive of an open and progressive approach to trade. That includes building a stronger economy and promoting Canada's interests. Unfortunately this agreement would not fit the bill. I will not be supporting the bill for a number of reasons. Chief among those reasons is that when the bill's previous incarnation, Bill C-46, was studied at the committee stage, we heard very compelling testimony from many witnesses regarding the use of Panama as a tax haven for tax evasion and tax avoidance. Furthermore, Panama has a poor record on labour rights, and the deal's side agreements for labour and the environment are very weak. We are also very concerned that the agreement would provide greater rights and powers to foreign investors. This is worrisome, given controversies regarding the environmental and human rights records of some Canadian mining firms in Panama.

Bill C-24 was studied very briefly at the international trade committee of which I am a member. The testimony we heard confirmed that these issues continue to be of concern today. Motions and amendments that would address these glaring issues in the agreement were introduced by the member for Vancouver Kingsway, our NDP international trade critic, but were opposed and defeated by both the Liberals and the Conservatives.

After studying the situation in Panama more closely, one of my greatest concerns is that while Canada and Panama are in the process of negotiating a tax information exchange agreement, tax disclosure issues have yet to be meaningfully addressed despite protestations to the contrary from the Panamanian government, and undoubtedly the Conservative government, when we raise these issues. It is a major issue that the U.S. Congress refused to ratify a free trade agreement with Panama before signing a tax information exchange agreement.

There are very compelling reasons not to sign the agreement with Panama in the interest of Canadian taxpayers. In 2011, Canada's bilateral trade with Panama represented 0.03%, which is less than 1%, of our overall global trade. The agreement would represent the Conservatives' quantity over quality approach to trade deals. There is no need to rush into an agreement before meaningfully addressing the concerns about Panama being a tax haven.

I will speak in more depth about the tax information exchange agreement because it is very concerning and should cause us to pause before we enter into this agreement with Panama. In March 2012, Canada and Panama entered into the negotiation of a tax information exchange agreement. However, this agreement has not yet been signed. This is very troubling, considering the large amount of money laundering in Panama, including money from drug trafficking, that we heard about at the committee level. Panama's lack of taxation transparency has led the Organisation for Economic Co-operation and Development to label the nation a “tax haven”.

As I said before, the U.S. Congress refused to ratify a free trade agreement with Panama before it signed a tax information exchange agreement. Canadian Parliament should be equally cautious. However, analysis of these agreements indicates that they are highly ineffective in preventing legal avoidance or illegal tax evasion. These agreements typically do not have an automatic information sharing provision, rather an individual request must be made. Furthermore, they generally do not require a partner country to provide the information necessary for determining tax compliance in other nation if it has not been previously created.

Recently, Panama was removed from the so-called OECD “grey list” after substantially implementing the standard for exchange of information when it signed a tax information exchange agreement with France. I believe it has about 14 agreements in place.

At committee, prior to the clause-by-clause review of Bill C-24, my colleague, the member for Vancouver Kingsway, proposed a motion to the international trade committee that would stop the implementation of the Canada-Panama trade agreement until Panama agreed to sign a tax information exchange agreement. I voted in favour of the motion, as did the other New Democrat members of the committee. I supported it because it does not make sense to sign a free trade agreement without a tax information exchange agreement in place.

Unfortunately, the motion was defeated by the Conservatives, along with the Liberals. They argued that progress was being made and negotiations were under way to sign an agreement. I strongly disagree with this line of reasoning. This is putting the cart before the horse. There is no reason to rush the agreement through Parliament. If we in fact are on our way to signing a tax information exchange agreement, why not wait? What is the rush? Why not get that agreement in place before we sign a free trade agreement with a nation that has been known to have money laundering and tax evasion schemes in place? That question has still not been answered by the government.

Considering Panama's history and reputation on such matters, it should be clear why such an agreement is necessary before signing a trade deal and why we need to examine its terms and adequacies. The U.S. Congress would not ratify a free trade agreement with Panama before a tax information exchange agreement was signed. Why should we not have the same basic requirement in Canada? It does not make sense to me and I do not understand why or how it makes sense to the members of the House who intend to vote to pass the bill.

At the committee level, we proposed several reasonable amendments that would have made progressive changes to the bill. These included the addition of the crucial concepts of sustainable development and sustainable investment, a requirement for tax transparency and provisions to incorporate the protection of labour rights in the bill, including the right to collective bargaining. Other amendments would have required the Minister of International Trade to consult with labour and trade unions, as well as work with human rights experts and organizations in order to create impact assessments for the trade agreement.

There are many amendments. In total 13 were introduced, yet the Conservatives voted them down. They were reasonable amendments that would have made reasonable corrections to some of the things the Conservatives have overlooked in this free trade agreement. The NDP prefers the multilateral approach to trade and supports trade agreements that expand Canadian exports by reducing harmful barriers to trade and encourage the development of value-added industries.

I want to conclude by saying the same thing I started with. The Conservatives' trade record is very poor. When they took over government it was $25 billion in surplus. Now we are $50 billion in deficit. We should look this deal over before passing it.

CANADA-PANAMA ECONOMIC GROWTH AND PROSPERITY ACTGovernment Orders

June 19th, 2012 / 11:05 a.m.
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NDP

John Rafferty NDP Thunder Bay—Rainy River, ON

Madam Speaker, I am pleased to rise to speak to this bill today.

This bill started life as Bill C-46 in the last Parliament. The bill came to an end when the election was called. It was introduced in November of this past year and is now called Bill C-24.

I point that out because nothing has changed. There was an opportunity for the government to listen to all the debate, in committee and in this House, on the old bill and to make some adjustments and changes so the rest of the House could find it acceptable, and it did not. As a result, New Democrats continue to oppose this bill, for that reason and a number of others.

In the last Parliament, compelling testimony was heard from witnesses regarding the tax haven situation in the Republic of Panama, as well as the poor record of labour rights in the country. Motions and amendments that would address the glaring issues in the agreement were introduced by our member for Burnaby—New Westminster, but were opposed and defeated by both the Conservatives and the Liberals. The new legislation, despite a new and inspirational short title, does nothing to address the fundamental flaws of its previous manifestation, most importantly the tax disclosure issues that have yet to be meaningfully addressed, despite protestations to the contrary from the Panamanian government, and undoubtedly from the Conservative government, as we raise this issue.

Just before the clause-by-clause review of the old Bill C-46, our member for Burnaby—New Westminster proposed to the Standing Committee on Internation Trade a motion that would stop the implementation of the Canada–Panama trade agreement until Panama agreed to sign a tax information exchange agreement. The member's motion was defeated by both the Conservatives and the Liberals, who argued that the double taxation agreement Panama had agreed to sign was satisfactory.

Unfortunately, the double taxation agreement only tracks legal income, while a tax information exchange agreement would track all income, including that made through illegal means. Considering Panama's history and reputation on such matters, it should be clear why such an agreement is necessary before signing a free trade deal.

Another issue is human rights in Panama and the complete failure of this trade agreement to ensure that these rights would not be denied to Panamanian workers as they have been in the past. Two amendments put forth in committee would have protected trade union workers in Panama by offering the right of collective bargaining as well as requiring the Minister of International Trade, as the principal representative of Canada on the joint Panama–Canada commission, to consult on a regular basis with representatives of Canadian labour and trade unions.

Like all other amendments, these were defeated by the Conservatives and Liberals. Unfortunately, this would create a free trade zone that belittles the rights of labour, a serious problem already prevalent in Panama.

In addition, two amendments regarding definitions were proposed. The first was regarding the definition of sustainable development. The amendment would define sustainable development as:

development that meets the needs of the present without compromising the ability of future generations to meet their own needs, as set out in the Brundtland Report published by the World Commission on Environment and Development.

The second amendment was regarding the definition of sustainable investment. The amendment would define sustainable investment as:

investment that seeks to maximize social good as well as financial return, specifically in the areas of environment, social justice and corporate governance, in accordance with the United Nations Principles for Responsible Investment.

The NDP prefers a multilateral approach, based on a fair and sustainable trade model. In fact, bilateral trade deals amount to protectionist trade deals, since they give preferential treatment to a few partners and exclude the rest. This puts weaker countries in a position of inferiority vis-à-vis the larger partners. A multilateral fair trade model would avoid these issues while protecting human rights and the environment.

New Democrats reaffirm our vision for a fair trade policy that puts the pursuit of social justice, strong public sector social programs and the elimination of poverty at the heart of an effective trade strategy.

Canada's trade policy should be based on the principles of fair, sustainable and equitable trade that builds trading partnerships with other countries that support the principles of social justice and human rights, while also expanding business opportunity.

The federal government should stop exclusively pursuing the NAFTA model at the expense of all other alternatives, and then it should invest in other avenues of trade growth, including, above all, a vigorous trade promotion strategy that builds the Canadian brand abroad, along the lines of the Australian experience.

For example, it is shocking to see that the European Union spends in excess of 500 times more than Canada in promoting one single industry—in this case, its wine industry.

Fair trade should be the overarching principle, not just an afterthought of trade negotiations. The NDP strongly believes in an alternative and a better form of trading relationship that can be established with Panama and any other country, one that includes within an overall fair trade strategy the points that follow.

The first is to provide a comprehensive common sense impact assessment on all international agreements that demonstrates that trade deals Canada negotiates are beneficial to Canadian families, workers and industry. The government does not sign any trade agreement that would lead to a net job loss.

Second is ensuring that the trade agreements Canada negotiates support Canada's sovereignty and freedom to chart its own policy, support our ability to be a competitive force on the world stage and support the principles of a multilateral fair trade system.

Third is the fundamental principle that all trade agreements must promote and protect human rights by prohibiting the import, export or sale in Canada of any product that is deemed to have been created under sweatshop conditions, forced labour or other conditions that are not in accordance with fundamental international labour standards and human rights.

The fourth is the fundamental principle that all trade agreements should respect sustainable development and the integrity of all ecosystems.

The fifth is that any time the Government of Canada signs a free trade agreement, the decision to proceed with enabling legislation must be subject to a binding vote on whether or not to accept the terms of the agreement. The current system, which consists of tabling FTAs in the House for a period of 21 sitting days prior to ratification, is not mandatory and does not bind the government to a decision in the House.

In the last Parliament during the study of the bill, the committee heard testimony from Todd Tucker of the Public Citizen's Global Trade Watch. Mr. Tucker made a compelling case that Panama is one of the world's worst tax havens and that the Panamanian government has intentionally allowed the nation to become a tax haven. The tax haven situation in Panama is not improving under the current government and conditions in Panama. In addition, a trade agreement with Canada would only worsen the problem and could cause harm to both Panama and to Canada.

Teresa Healy of the Canadian Labour Congress spoke to the committee regarding the agreement on labour co-operation. She testified that while the International Labour Organization's core labour standards are invoked, the agreement is still weaker than it should be. As well, the current Panamanian government has been increasingly harsh on labour unions and workers in recent years.

It is interesting to note that when my colleague from London West spoke, he indicated that there is some agreement on another trade deal, the Canada-Jordan trade deal.

While New Democrats are not against free trade, we believe it is important that it should always be fair trade. Unfortunately, in this situation it does not happen.

To be fair to the Conservatives, they have moved a little toward the centre. There was a time not so long ago when they would not have even talked about the environment or human rights.

I see my time is up. I look forward to any questions the House may have.

Canada–Panama Economic Growth and Prosperity ActGovernment Orders

May 28th, 2012 / 6:10 p.m.
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NDP

Élaine Michaud NDP Portneuf—Jacques-Cartier, QC

Mr. Speaker, like many of my colleagues, I am rising in the House today to speak about Bill C-24, 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 many of my colleagues have already pointed out, Bill C-24 is a new version of a bill that was introduced in the House during the previous Parliament, but that died on the order paper at the time.

In August 2009, the Conservative government entered into negotiations surrounding the future free trade agreement with the Republic of Panama. The agreement also included side agreements on labour co-operation and the environment.

This free trade agreement was signed on May 14, 2010, and tabled in the House of Commons as Bill C-46, but the legislative process ended at the clause-by-clause review by the Standing Committee on International Trade.

This same bill is now being reintroduced without any significant improvements over the previous version.

The NDP was opposed to Bill C-46 in the 40th Parliament for the many reasons that have already been enumerated here in this House.

Again, we are going to have to oppose Bill C-24, because there are no provisions in it to remedy the fundamental flaws that have already been cited in this House.

The Canada-Panama agreement negotiated by the Conservative government is in fact only a slightly improved version of the approach to trade taken by former American President George Bush. Once again, in this free trade agreement, big corporations come ahead of the Canadian and Panamanian people, and absolutely nothing is being done to ensure respect for human rights, and very little to protect the environment.

More specifically, it is obvious to my colleagues in the NDP and myself, at least, that there are no provisions in the Canada-Panama agreement to ensure respect for workers’ rights in Panama. If the agreement is ratified by Parliament as it stands, there is absolutely no guarantee that the rights of Panamanian workers will not be flouted as they have so often been in the past.

But honestly, is anyone here surprised by this? If we look at the Conservatives’ record since the May 2, 2011, election, it is clear that workers’ rights are the very last thing on this government’s list of priorities.

In barely a year, they have introduced a record number of bills to force workers back to work and violate their fundamental right to negotiate their conditions of employment in good faith. Given this kind of contempt for the rights of Canadian workers, it is really not surprising that there would be no provisions in the Canada-Panama agreement to protect the rights of Panamanian workers.

My colleague from Burnaby—New Westminster had already proposed two amendments at the Standing Committee on International Trade to remedy this major flaw in the bill.

Those amendments would, first, have protected unionized workers in Panama by guaranteeing them the right to bargain collectively, as is the case here in Canada, or at least as it was before this government came to power.

The amendments presented by my colleague would also have forced the Minister of International trade to consult regularly with representatives of Canadian workers and with Canadian unions.

We know that this kind of consultation seems somewhat repugnant to this government, but New Democrat members think this measure is essential before we can ratify a free trade agreement with Panama.

Of course, in spite of Panama’s bad record when it comes to defending workers’ rights, those amendments were naturally defeated by the Conservatives, with the support of the Liberals.

With the Conservatives confirming on a daily basis their bias in favour of businesses and management—with their brutal attacks on workers' basic rights—it was hard to expect a different outcome.

Another major problem with Bill C-24 is the fact that it does not include any measure to prevent tax evasion. It is important to note that the Republic of Panama is still regarded as a tax haven. In fact, Nicolas Sarkozy, the former president of France, recently said so.

Even though these issues were raised by my colleagues during the 40th Parliament, Bill C-24 is still seriously flawed when it comes to tax disclosure.

Despite repeated requests from Canada, the Republic of Panama has refused to sign a tax information exchange agreement.

This is very troubling, considering the large amount of money that is laundered in the Republic of Panama, including money from drug trafficking.

The Conservatives are constantly boasting about the importance they attach to law and order in Canada and about the fact that they are prepared to put Canadians in jail for years just because of a few marijuana plants. However, they refuse to do anything to create obstacles for big drug traffickers. It is really impossible to understand this government.

In its present form, Bill C-24 is not acceptable to the NDP. This trade agreement, which is quite similar to NAFTA, unjustly favours multinational corporations at the expense of workers and of the quality of our environment. This type of agreement with various countries that are often at an economic disadvantage compared to Canada, increases social and economic inequalities, while also significantly reducing the quality of life of workers and their families.

The rights of workers all over the world are important to my NDP colleagues and to myself. We cannot, in good conscience, support an agreement that does not do anything to protect the basic rights of the country with which that agreement is reached. We already have enough problems protecting our own Canadian workers against this government, which is barely able to conceal its contempt for their rights. We should not, in addition, start interfering with the rights of workers in Panama. It just makes no sense. We must ensure there are guarantees, so that they can negotiate their collective agreements freely and in good faith, as should be the case in any democratic society.

Since the beginning of the debate on Bill C-24, Conservative members keep repeating the same old arguments dictated by their government, without trying to understand our position on this issue.

My colleagues and I have made speeches in this House that are very clear. Our position on international trade is clear: we believe in the importance of international trade, but it has to be fair, sustainable and equitable trade. It is totally false to say that the NDP does not support international trade. I think I will say that again for the benefit of my colleagues opposite: it is totally false to say that the NDP does not support international trade. We simply believe that the trade agreements being negotiated have to respect and support the principles of social justice, sustainable development and human rights, which is not to say that we have to neglect the need to expand our trading opportunities.

We are aware that Canada has to trade with other countries; to import and to export. That is the system we are in. That is how things work and we are very aware of these realities. However, my colleagues and I in the NDP do not think that Canada's economic prosperity needs to come at the expense of workers' rights in other countries, people who are less fortunate than we are and who do not enjoy all the freedoms we had before this Conservative government came on the scene. We can indeed see that the rights to free association and to collective bargaining are fading away as the weeks go by.

It is completely absurd and false to say that the NDP wants to close our borders to commercial products from other countries. We do believe, however, that the government should stop focusing exclusively on the NAFTA model and should remain open to exploring other possible solutions to establish trade ties with other countries.

We must ensure that Canada puts the pursuit of social justice, strong public-sector social programs and the fight against poverty at the heart of its trade strategy. As soon as this government presents us with a free trade agreement that respects the principles of social justice and sustainable development, we would be pleased to support and vote in favour of such a bill. So far, however, we have yet to see such a thing in the history of Canada. The Liberals did not present any such agreements, nor have the Conservatives.

So, until that time, we will continue to oppose them. However, there is still time to amend this bill and ensure that the principles of social justice, sustainable development and the fight against poverty are respected.

I invite my Conservative colleagues to reflect on this and remain open to the kind of amendments that my colleagues are proposing.

Canada–Panama Economic Growth and Prosperity ActGovernment Orders

May 28th, 2012 / 5:25 p.m.
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NDP

José Nunez-Melo NDP Laval, QC

Mr. Speaker, I am very pleased to have an opportunity to say a little bit about Bill C-24 on the implementation of the free trade agreement between Canada and the Republic of Panama.

As you are aware, the NDP is strongly opposed to this agreement because of all its deficiencies and inconsistencies. It is based on the former Bill C-46, which was not passed in the previous Parliament. Let us remember the proposals and amendments suggested by our colleague for Burnaby—New Westminster. He submitted 11 amendments without success and the bill was never passed.

In this Parliament, the Conservative caucus decided to introduce this bill again as Bill C-24. Among other things, the Conservatives proposed that, for tax purposes, Panama should still be considered a tax haven. This is unacceptable in the eyes of the global financial community. The Conservatives are sending the message that we are not asking any questions and that we are not imposing any constraints on countries regarding the disclosure of useful or important tax information. It seems that the negotiators of this type of agreement have not shown the importance of this and have not sent the message to the officials negotiating for the other countries involved—such as Panama in this case—that this was perhaps not a binding requirement for signing this agreement. As we know, these countries have refused to disclose this financial information. It would appear that the Canadian negotiators said that there was no problem and that negotiations could continue.

Our country places a great deal of importance on workers’ rights, as demonstrated by all the collective agreements signed throughout Canada, by the existence of unions and by legislation that permits free collective bargaining. However, the hon. members can see for themselves what is happening right now, in our country.

The Conservatives want to sign a free trade agreement with a country where there are few guarantees that there will be at least minimal respect for the working conditions of employees. In reality, that is not a binding condition, either. It sends the wrong message. In fact, Panama can say in return that it understands very clearly that, in reality, the aim of this free trade agreement is just to grant certain advantages to mining companies, oil companies or Canadian casinos. These companies will be able to operate more profitably, considering the competitive advantage they will obtain from the lower wages and all goods that they can purchase more cheaply.

The countries that should be our partners have flatly refused to sign this agreement. However, this tax information exchange agreement was one of the critical points in the negotiations that Panama entered into with European countries. The OECD has made a number of statements and has even drawn up grey lists and black lists and lists of every colour imaginable in order to categorize certain countries whose economies are dysfunctional.

However, as everyone knows, the result of this is that there was never really a positive agreement between Panama and Europe, and particularly between Panama and France. Now, Canada comes along and wants to be the sheriff. It wants to sign a free trade agreement and it tells Panama what it must commit to do. It also tells Panama that what it is asking for in return is negotiable in a very unfair fashion.

Recently, I was stunned to hear a member of this House call one of our colleagues on this side a pompous socialist, because that member thought the New Democratic Party was fiercely opposed to international trade. It does not make any sense. We were misunderstood. That is really misquoting and mischaracterizing what we want to propose, or what was already proposed on numerous occasions by our colleagues in this House.

When it comes to trade, I feel that all the proposals made by the New Democratic Party are good. These include: protecting the environment and workers' rights—and I will say it again—and total honesty regarding the financial information that must be shared to avoid shenanigans. International trade is plagued by money transfers, money laundering and similar activities.

Our dear colleague, the hon. member for Burnaby—New Westminster, proposed amendments, but the Conservatives and the Liberals always refused to accept them. At the time, there was a deadlock because we were proposing to secure “win-win” free trade agreements, instead of “win-lose” agreements like this one.

As for the member who called our colleague a pompous socialist, it is all a matter of interpretation, because if I said the opposite, they would then be deemed to be imperialists and even colonialists. That is all part of history and those days are over.

As we will see, international trade will evolve in a way where good faith will prevail, followed by everything related to financial interests and to profits from that trade.

Instead of collecting interests or buying bank drafts, we are going to go back to the ancient basic form of trade, namely the trading of natural resources for another form of financial resources.

Canada–Panama Economic Growth and Prosperity ActGovernment Orders

May 28th, 2012 / 5:10 p.m.
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NDP

Nycole Turmel NDP Hull—Aylmer, QC

Mr. Speaker, I am pleased to speak today to Bill C-24, 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 would like to make something clear at the outset. We oppose this bill. In the NDP, we do not want a free trade zone where workers’ rights are sold at discount prices; that is already a serious problem in Panama. Nor do we want a bill without a clear definition of sustainable development and responsible investment.

I would like to remind the House that when the committee considered the predecessor to Bill C-24, Bill C-46, it heard persuasive testimony that the Republic of Panama is a tax haven and that its record on human rights is debatable, to say the least. The situation has not changed since then.

Bill C-24 has a new title but does nothing to address the fundamental shortcomings of its predecessor. It does not incorporate the amendments moved by the member for Burnaby—New Westminster, which would have addressed the most contentious aspects of the agreement. During the clause-by-clause study of Bill C-46, the member for Burnaby—New Westminster proposed 11 amendments that would have made progressive changes to the bill.

The changes proposed by our member concerned the addition of the crucial concepts of sustainable development and responsible investment, the obligation of fiscal transparency and some provisions that would have integrated into the bill the protection of workers' rights, especially the right to collective bargaining. Other amendments proposed by my colleague would have required the Minister of International Trade to consult workers and unions, and to work with experts and human rights organizations in order to conduct analyses of the impact of the trade agreement. All these amendments were rejected by the Conservatives with the support of the Liberals.

There are many reasons why we cannot vote in favour of Bill C-24. First of all, the Canada-Panama agreement, which follows the NAFTA model, puts large corporations before people. That is unacceptable. Agreements like NAFTA were initially designed for trade between highly industrialized, developed countries, but Panama is a developing country. This trade agreement will not help Panama to grow sustainably or improve the living conditions of its people. Instead, the agreement will increase the influence of multinational firms and increase inequalities, and this will happen much faster and more definitively than it did in the case of NAFTA.

Furthermore, this trade agreement does not create a level playing field for investors and workers. Under chapter 11, investors have the right to request compulsory arbitration that they can conduct independently, however a union in Panama would not be allowed to take a case to arbitration. It can file a complaint, which would lead to an investigation followed by a report, but it would be up to the government to seek and obtain remedies.

In addition, the Canada-Panama agreement does not ensure respect for human rights. Also, while Bill C-24 appears to protect the environment on the surface, it does not implement any real measures or mechanisms to resolve disputes. We also have to wonder about the degree of Panama's fiscal transparency. It is important to bear in mind that, despite the Canadian government's requests, Panama refused to sign a tax information exchange agreement.

We believe that Canada's trade policy should be based on the principles of fair, sustainable and equitable trade that builds partnerships with other countries that support the principles of social justice and human rights, without ignoring the need to broaden trade opportunities.

The federal government needs to stop focusing exclusively on NAFTA-type free trade agreements at the expense of other options, and it should explore other ways of increasing trade, in particular by adopting a vigorous trade promotion strategy, one that would spread Canada's brand abroad the way Australia has succeeded in doing.

The NDP firmly believes that there is another, better model of trade relations that could be established with Panama or any other country, a model that would include the following in a global fair trade strategy.

First, it should include a comprehensive and rational impact analysis for all international agreements, to determine whether the trade agreements being negotiated by Canada are advantageous to Canadian families, Canadian workers and Canadian industries. The government should not sign any trade agreement that is likely to lead to a net loss of jobs. Once again, that is unacceptable.

Second, there should be a guarantee that the trade agreements Canada negotiates will strengthen Canada's sovereignty and its freedom to establish its own policies, that they will help make us a force to be reckoned with on the world stage and that they support the principles of a fair multilateral trade system.

Third, there is the fundamental principle according to which all trade agreements must protect and promote human rights by prohibiting the import, export or sale in Canada of any products considered to have been manufactured in sweatshops, by forced labour, or under any other conditions that do not meet basic international standards for labour or human rights.

Fourth, the model includes the fundamental principle according to which all trade agreements should be consistent with sustainable development, as well as the integrity of all ecosystems.

Fifth, every time the government of Canada signs a free trade agreement, the decision to adopt the enabling legislation must be submitted to a mandatory vote on whether or not the terms of the agreement are acceptable.

The current system, which consists of tabling a free trade agreement in the House for a period of 21 sitting days prior to ratification, is not mandatory and does not bind the government to accept a decision of the House.

I am now ready to answer questions.

Canada–Panama Economic Growth and Prosperity ActGovernment Orders

May 28th, 2012 / 3:40 p.m.
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NDP

Françoise Boivin NDP Gatineau, QC

Mr. Speaker, like my colleague from St. John's East, I am pleased to rise today to speak on Bill C-24 at second reading. This bill deals with the implementation of 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.

It is certainly clear that we feel proud every time we see agreements. We feel that other countries want to trade and do business with us. All this seems really nice on paper. On the other hand, sometimes there are little surprises in the fine print. While I cannot claim that I am a specialist in international trade, there are some basic things that we, as a free and democratic country, should insist on when we do business with other countries. This is one of the reasons why our party is opposed to this bill. It is not because we are against international agreements, free trade agreements or attempts to try to remove trade barriers between countries. In fact, if we believe in certain values, I think we must make sure that the countries with whom we do business are not rogue countries or countries that mistreat their people in order to acquire, create, build, produce or manufacture articles that will be freely traded with our country.

I think that when we have principles, we must express them all the way. If not, we should stop going around the world saying that we defend rights and freedoms, and we should just go ahead and do whatever we want.

For those who do not know much about Bill C-24, it is a bill that was previously introduced, if memory serves, on August 11, 2009. The Conservative government had entered into negotiations on a comprehensive agreement with the Republic of Panama. The same day it signed that agreement, the Conservative government presented the agreements in the House of Commons as part of Bill C-46. This was back in 2010. The bill was passed at second reading and referred to the Standing Committee on International Trade for clause-by-clause consideration.

If you followed the speech by my colleague from St. John's East, you know that international trade is one of his passions. I would like to take this opportunity to commend him. The member for Burnaby—New Westminster also worked extremely hard on this issue and his advice was always very wise. He showed us the importance of conducting what is called reasonable and fair trade when these kinds of agreements are negotiated with other countries. Responsibility for this file was passed on to the member for Windsor West, who has also done excellent work.

I think it is important to listen, instead of simply playing cheap politics, as is frequently the case in this House. On the government side, they reduce the speeches made on this side of the House to one-liners, as if the NDP were anti-international trade or anti-free trade just because we ask questions and we ask that the countries with whom we do business do not, for instance, use child labour or exploit children as cheap labour, because we ask questions about specific environmental rules or because we ask that these countries not be obvious tax havens.

I was absolutely shocked when I read about the circumstances surrounding Bill C-24 in a little more depth and when I noted that Panama—which is, by the way, a very beautiful country—is what some people call a tax haven. On both sides of the House, there are people who rise frequently to say that we must try to put an end to anything that is called a tax haven. The problems with tax havens do not just occur away down there; their impact reaches into our country. Considerable amounts of money are taken and sent somewhere else to be hidden because certain countries have rules that are a little too lax. They allow any kinds of company throughout the world to go to their country and hide money from the government in the company's own home country.

Even the OECD has called Panama a tax haven. The United States considers Panama to be a tax haven. The OECD even specified that Panama was on the grey list. I learned there is a white list, a fray list and a black list. I have learned about a great number of things in this House. I also like it when we have the time to express our views on all these bills that often have, unbeknownst to us, an impact on all our constituents, in every one of our ridings.

We have a tendency to believe that when we talk about international trade, we are talking primarily about major trading centres within a country. However, when we do business with certain countries and give them certain privileges with regard to our goods and our services, it has an impact on all our population. Sometimes we have to look at the ramifications of this type of bill.

It is really worrying that a country like Panama still refuses to send information about its tax measures and about various issues and fields, and I am surprised. Although sometimes I am not surprised when we know that we are dealing with a government that is so lacking in transparency. The government may be happy to deal with a country that also has little fiscal transparency, but on this side of the House, we are not.

We definitely do not want to see that country become a place where some of our companies doing business there shelter money from taxation. All MPs should be concerned about that. We are debating a back-to-work bill because the government wants to force people to accept a collective agreement or poorer working conditions, but at the same time, it wants to carry on international trade with a country that allows big companies that make millions or billions in profits to diversify some of their income in order to avoid paying taxes, taxes that enable the government to provide services to Canadians.

I think it is inappropriate and simplistic for MPs on the other side of the House to ask whether the NDP has ever supported a free trade agreement. Bilateral agreements have taken the place of broad territorial agreements. Still, talks are under way between my province, Quebec, and the European Union. Every nation is trying to open its borders to ensure that its goods and services can circulate and be purchased. Once again though, we have to remember how that money is made, and I am proud to be a member of a party that is concerned about making money without having a negative effect on trade. There are ways to do that.

If these people are truly interested in doing business with us, then it is up to them to follow the rules of human decency. For example, I am extremely concerned about the whole section of the agreement concerning labour. When certain people see the number of times this government has resorted to back-to-work legislation, they could simply say that we are in no position to preach. What bothers me is that we are doing business with countries who do not pay much attention to the rights of workers and of those who, by the sweat of their brow, make things that we all take a great deal of pleasure in using.

To conclude, I am happy to have had the opportunity to comment on this bill. I am in favour of international trade, but not at any price.

Canada-Panama Economic Growth and Prosperity ActGovernment Orders

March 29th, 2012 / 1:20 p.m.
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NDP

Mathieu Ravignat NDP Pontiac, QC

Mr. Speaker, my colleagues have made it clear that we oppose this bill for a number of very good reasons.

When the committee looked at the previous bill on free trade with Panama, Bill C-46, we heard convincing testimony about the fact that the Republic of Panama was a tax haven and about its poor record on workers' rights. We proposed motions and amendments that would have corrected the worst parts of the agreement, but the Conservatives and the Liberals both rejected our proposals. We are disappointed that the new bill, despite its inspiring new short title, has not fixed the fundamental shortcomings of its predecessor or introduced tax disclosure provisions.

The government will no doubt say that we oppose this bill because the NDP opposes all trade, but I am here to say that that is not true. The difference between the Conservatives and the NDP is that we believe that the economy should serve the people, not the other way around.

Their faith is in capitalism; our faith is in man. That is what truly separates us. With this principle in mind, free trade is not a good in and of itself but a means to an end, one that serves the interests of the majority of human beings and not a minority of wealthy people. As one of our old slogans goes, put humanity first.

However, I am personally willing to concede that trade is part of the march of history. I would even go so far as to say that trade makes the world smaller and can help bring humanity closer together, which is always a good thing. Man has too long suffered from tribalism, and what unites us is far more fundamental than what separates us. If I may use a metaphor, it is about time we undo the loss of family caused by the arrogance of the Tower of Babel.

However, history has proven that free trade does not automatically mean greater prosperity for the majority or greater rights. Free trade can also tear us apart. Must I remind my colleagues across the aisle that we are still living with the terrible ramifications of 19th century colonialism, that colonialism did not bring us closer together but rather has created deep cleavages and violence, which we are still trying to repair today, and that the major justification of colonialism was freer trade?

However, as progressives we cannot get in the way of the march of history. Having said that, these economic forces are not deterministic and there has always been a subjective element to them. Man has made decisions to engage in trade in particular ways, and better decisions must be made. These economic forces should not be viewed as the Titans of Greek myth, terrible chaotic forces that cannot be controlled. On the contrary, they are forces we must harness to make the world a better place. Olympus must prevail after all.

Therefore, free trade must also be fair trade and must help solve the deep-rooted inequalities between the developed and underdeveloped world, the rich and the poor, the northern and southern hemispheres. We simply cannot allow free trade to exacerbate existing divisions or, worse, create new ones between peoples. We cannot be so naive as to believe that Canadian companies, like companies all over the world whose raison d'être is profit, do not see a particular pecuniary advantage in doing business in countries whose labour standards are lower. I am convinced that if we ask most Canadians whether their government should sign trade deals with another country because some influential companies would like to have access to cheaper labour, where fellow human beings are not paid a decent wage and where dirty money can be laundered, they would say that is simply not fair.

The reality is that there are many Canadian companies behaving badly all around the world, in Africa, Jordan and Latin America, and it is misplaced patriotism to defend them. However, what if we create a situation where free trade and fair trade can work together; where free trade can assure social progress is maintained and enhanced with those countries we trade with; where more prosperity and not more exploitation is the result; where the gap between rich and poor is rendered smaller; where the environment is respected? Is this not the ideal of trade?

The problem is that the bill does not do enough to secure everyone's prosperity and protect their fundamental rights. For instance, it should have protected unionized workers in Panama by giving them the right to collective bargaining and requiring the Minister of International Trade and Minister for the Asia-Pacific Gateway, as the principal representative of Canada on the joint Panama-Canada commission, to consult on a regular basis with representatives of Canadian and Panamanian labour and trade unions. Unfortunately, the fact is that a free trade zone would do nothing to protect workers' rights, and this is already a serious problem in Panama.

As for sustainable development, a clause needs to be added that meets the needs of a free trade agreement in the present without compromising the ability of future generations to meet their own needs, as set out in the Brundtland report published by the World Commission on Environment and Development. The problem is that protecting the environment is difficult in Panama.

In order to be considered responsible, an investment must maximize social good as well as financial return, specifically in the areas of the environment, social justice and corporate governance, in accordance with the United Nations Principles for Responsible Investment. A responsible investment should help to put an end to tax havens that allow money from illegal drug trafficking to be laundered.

Unfortunately, this bill does very little to correct these problems. It is simply not enough. Canada's trade policy should be based on the principles of reciprocal, sustainable and equitable trade, trade that builds partnerships with other countries that uphold human rights principles, while recognizing the need to expand market opportunities. The federal government should stop focusing exclusively on the NAFTA model and remain open to other possible solutions.

Panama is not like the United States or Europe. The government should explore other means of expanding trade by coming up with a vigorous trade promotion strategy that will set the standard for a fairer society for the rest of the world. Fair and equitable trade should be the overarching principle, and not just an afterthought, in all trade negotiations between the Canadian government and other countries.

The NDP strongly believes in an alternative and a better form of trading relationship that can be established with Panama and any other country. Such a trade agreement would involve a comprehensive trade strategy whereby the fundamental principle of negotiation would be the defence and protection of human rights. It would prohibit the import, export or sale in Canada of any product that is deemed to have been manufactured under sweatshop conditions, using forced child labour, or under other conditions that are inconsistent with fundamental international labour standards and human rights.

In the NDP's vision, all trade agreements should respect sustainable development and the integrity of all ecosystems. That is a fundamental principle. This positive and decent vision puts humanity at the centre of our concerns. Let us build a better future for everyone in our trade relations with other countries.

Canada-Panama Economic Growth and Prosperity ActGovernment Orders

March 29th, 2012 / 12:35 p.m.
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NDP

Jean Crowder NDP Nanaimo—Cowichan, BC

Mr. Speaker, I rise to speak to Bill C-24. Back on February 7, 2011, I spoke to the bill when it was Bill C-46. Sadly, the concerns I raised then have not been addressed.

I also want to acknowledge the very good work that has been done by the member for Windsor West and the member for Burnaby—New Westminster. Back in those days, the member for Burnaby—New Westminster proposed a number of amendments to the free trade agreement, including amendments that would deal with some of the issues around sustainable development and investment. The government did not see fit to incorporate these amendments.

As well, that bill had gone to committee, had some extensive review and had a number of concerns raised around labour, human rights and the investment climate. Again, none of those concerns were taken into consideration when the bill was resubmitted to the House.

Members can probably gather by the tenor of my introduction that the NDP is opposed to this bill for a number of reasons. One of those concerns is the poor record of labour rights in the country. I did mention the fundamental flaws that were addressed by amendments proposed by the member for Burnaby—New Westminster.

The government talked about taking on tax havens. However, one of the most glaring flaws in the agreement is that tax disclosure issues have yet to be meaningfully addressed, despite protestations to the contrary by the Panamanian government.

Often in the House we will hear members opposite talk about the NDP never seeing a trade agreement that it liked, and it is for a very good reason. In fact, we have actually supported a trade agreement. However, what comes up consistently is the fact that the government continues to negotiate trade agreements that do not take into consideration the social and economic justice that we think is fundamental to what should be included in them.

The government also does not negotiate these agreements in an open and transparent way. We only have to look at what is happening currently with the CETA agreement. I know that I and many members of the House get numerous emails about the fact that this agreement has been negotiated behind closed doors, that we do not know what the impact will be on our agricultural communities, on pharmaceuticals, on access to natural health products and that our municipalities may be hampered in their procurement processes.

This is just an example of an agreement that could have a very far-reaching impact, and yet Canadians have no input. They have no ability to get at the very meat of what the agreement is about.

When we talk about how we should negotiate these agreements, Panama would have been a great start to having a fair trade agreement versus a free trade agreement. One of the fundamental principles is fair trade. I want to talk about some of those principles and what is absent in the Panamanian agreement.

This is an older article, but I thought it did a very good job of outlining the principles of fair trade. It is from the Canadian Centre for Policy Alternatives, Richard Tarnoff, in October 2004. In this article he says:

While the principles of “fair trade” have been around for a long time, and are primarily based on ideas of human rights and economic justice, the fair trade movement is a relatively recent development. To a large degree, it is a response to the rapid growth in the global economy, in which more and more of what we consume is being produced in Third World countries, where labour and environmental standards are low or non-existent.

He talks about both the principles of fair trade and the fair trade movement. Many of us are very familiar with the fair trade movement. Many of us, when we go to buy our coffee, look to see if it is fair trade certified. There are also principles that apply to fair trade when negotiating these kinds of international agreements.

Tarnoff goes on to say:

One response to this situation has been the effort by labour, environmental and human rights organizations to have minimum standards included in trade agreements. Sometimes described as the demand for “fair trade rules,” these efforts have been vigorously opposed by the multinational corporations for the obvious reason that this is what makes production in Third World countries so profitable.

When he talks about profitable, he talks about how, in these countries, people are paid grim wages, not remotely close to living wages, often in desperate working conditions. Canadians benefit from those kinds of working conditions. We would not want to see any of our neighbours, our children, our brothers or sisters working in those kinds of conditions. Yet because we continue to negotiate the kinds of trade agreements that are before us today, we continue to profit from somebody else's misery.

I will not go over all the principles of fair trade that he outlined, but I want to touch on a couple. I can imagine Canadians listening to this would say that this makes absolute sense, that a trade principle should be that there would be no forced labour and exploitive child labour. It makes sense. We would not want to see young children working 10, 12 hours a day in hot, overcrowded conditions with no lunch breaks, no adequate remuneration. Never mind remuneration, why would we exploit them in the first place children? Most Canadians would agree that makes sense.

What about encouraging sustainable production techniques? It would make sense that when we import agricultural products from countries, we would want to ensure that they would be sustainable, that they would not use the kinds of pesticides not accepted in Canada, that their workers would be protected from access and that they would have all the safety standards and safety equipment needed so when they handled pesticides and herbicides, they would not become ill. The life expectancy of many farm workers in developing countries is so low it is embarrassing.

Another principle is that working conditions be healthy and safe. That just makes sense. Too many of us have heard the horror stories about children who have been trapped in factories as they have burned down because there are no exit doors. They have long days with no breaks, working seven days a week and not having adequate living conditions when they leave those factories. Working conditions that are healthy and safe just make sense.

Another principle is that equal employment opportunities be provided. This means women have access to good paying jobs, that they are not disadvantaged, that they have access to management jobs in some of these factories and that all aspects of trade and productions are open to public accountability.

Recently we saw the backlash against Apple when it turned out that some of the factories producing some of its component parts were not open and public and that the public was demanding the kind of a accountability to ensure workers were not being taken advantage of.

This is a bit of an aside, but it does link to the trade agreements. Tarnoff goes on to say:

It is not only Third World farmers who have become victims to the economics of globalization. Many small farmers in Canada and the U.S. have found themselves struggling to survive in markets dominated by giant corporations. One solution has been the development of a type of “fair trade” called Community Shared Agriculture, in which urban customers enter into agreements to have a local grower supply them with all their produce for the year. So far, over 1,000 farms in North America have made this arrangement.

When we talk about sustainability, ensuring that there is not exploitive practices, Canadians can support our local farmers, get to know them and buy their produce. Community shared agriculture is a way to ensure that farmers stay in business, especially the smaller farmers.

My riding of Nanaimo—Cowichan has a number of CSA farmers, and I am proud to be one of their supporters. We also have a fisherman who has taken the initiative to have a community supported fishery, so he does the same thing as the agriculture sector. He sells shares in advance so he can ensure he has a livelihood to support himself and his family. That is the kind of community supported agriculture we should encourage both in Canada and in countries with which we develop trade practices.

He goes on in this article, and there has been criticisms from the multinationals about any concept of fair trade, to talk about some typical criticism that have come from some of the mainstream economists. He mentions Professor John Ikerd, professor emeritus of Agricultural Economics. He said it was interesting that when economics laws and theories about fair trade being ethically right and being social justice, how suddenly the multinationals and their friends talked about how harmful it would be for the economy.

We need to do a much better job of incorporating principles in trade that are not just about the bottom line. There has to be a social justice component of it so that workers and their families have access to adequate wages and income, that the environment is not damaged and that there is a reasonable and fair distribution of wealth.

I encourage all members of the House to vote against this legislation and send the government back to the drawing board so it can come back with a fair trade agreement, not a free trade agreement.

Canada-Panama Economic Growth and Prosperity ActGovernment Orders

March 29th, 2012 / 12:05 p.m.
See context

NDP

Laurin Liu NDP Rivière-des-Mille-Îles, QC

Mr. Speaker, I am pleased to rise today on Bill C–24, a bill to implement the free trade agreement between Canada and the Republic of Panama, signed in May 2010, and the related agreements on labour co-operation and the environment.

I remind members that the predecessor to this bill, Bill C–46, died on the order paper when the 40th Parliament was dissolved, because the Conservative minority government was unable to get the bill passed by a parliamentary majority. Today, emboldened by its parliamentary majority, the government is trying to foist this bill on Canadians despite the fact that 60% of Canadians voted against this government.

Allow me to briefly remind members why this agreement is at the root of so much controversy.

To begin with, there is the issue of tax evasion. Panama is known as a tax haven because it offers taxation advantages to non-resident investors. It provides foreign banks and companies with extraterritorial licenses that allow them to conduct business in Panama. Not only are these companies not taxed, they are subject to very few, if any, obligations.

The local authority's soft line on taxation, banking and legal matters has enabled this country of three million inhabitants to become the financial centre of Central America, with the second largest naval fleet in the world due to ships flying flags of convenience. Shipowners choose this flag because of how unrestrictive it is in terms of taxation, safety and crew labour rights.

As everybody knows, the Republic of Panama has refused to sign a tax information exchange agreement with Canada. That is very worrying given the high volume of money laundering activities in Panama, especially money from drug trafficking. There is no fiscal transparency in Panama, which in the past has led to the OECD and G20 labelling Panama a tax haven.

In the opinion of Alain Deneault and Claude Vaillancourt, from Attac-Québec—a group that combats tax havens and fights in favour of taxing financial transactions—Panama is certainly one of the tax havens that is the most active, the least co-operative, and the most closely tied to organized crime. I quote:

Panama's bad reputation is certainly well-deserved. This country's main economic activity is to provide financial services to drug traffickers and multinationals.

Moreover, Patrice Meysonnier of France's judicial police has no hesitation calling Panama a narco-state that is responsible for laundering a large share of the planet's dirty money.

Closer to home, we know that certain Hells Angels leaders in Quebec, who have been on a wanted list since the beginning of Opération SharQc, have taken refuge in Panama. They moved to Panama because they have been able to launder large sums of money there and they hope that the local authorities will not unduly harass them.

On one hand, I find it particularly ironic that this government, which calls itself tough on crime, would enter into a free trade agreement with a country that has become a shelter for criminals and their money without at least first obtaining a fiscal and banking co-operation agreement.

On the other hand, while this government prepares to table an austerity budget this afternoon, and is calling on Canadian families to tighten their belts, how can the government facilitate the erosion of the Canadian tax base by signing such an accommodating treaty?

While members of the G20 have stressed the importance of dealing with the problems caused by tax havens, once again the Conservative government is reneging on its word and doing the exact opposite by opening up a new front to facilitate tax leakage. Honestly, what a farce.

Another problem with this bill is that the Canada–Panama trade agreement has no mechanism to protect the rights of workers that have so often been flouted in the past. Allow me to provide a couple of examples from last year, 2011.

Thirty-three employees of Panama Gaming & Services were laid off for trying to start a union. The Panamanian government did nothing to help them. These layoffs constitute a blatant violation of workers' rights and, more specifically, a violation of the International Labour Organization's Convention 87, which pertains to freedom of association and the protection of the right to organize, a convention that Panama has ratified.

Here is another example.

On July 8, 2011, security forces used violence to end a union demonstration, leaving at least six dead and 700 injured. Several hundred people were also arrested. The freedom to demonstrate was clearly violated.

The government regularly uses intimidation tactics on union leaders. For example, in the summer of 2011, the under secretary general of a large construction union was arbitrarily arrested and detained for a week. And that is not to mention all the anti-union laws passed by the country's current government.

It is important to remember that the right to strike is prohibited in the Canal Zone and that the government recently passed legislation to undermine the rights and freedoms of public servants. In the public sector, the minimum number of workers required to form a union was increased to 50 in order to make it more difficult to do so.

By signing a free trade agreement with Panama without requiring the country to take concrete action to protect the right of association and the right to strike, Canada is condoning the Panamanian government's actions.

I suppose that we cannot expect any better from this Conservative government, which, even here at home, has taken action that violates workers' rights. We need only think about the special bill that the government recently passed to suspend the right to strike of 3,000 pilots and 8,600 mechanics, baggage handlers and cargo agents who work for Air Canada. Bill C-33 was a fundamental attack on the right to freely negotiate a collective agreement.

One of the most worrisome aspects of the agreement is found in the chapter on investment. In fact, chapter 9 is modelled on chapter 11 of NAFTA, which allows a corporation to sue a government for creating barriers to trade by implementing a regulation.

According to Todd Tucker of Public Citizen, who appeared before the Standing Committee on International Trade on November 17, 2010.

....hundreds of thousands of U.S., Chinese, Cayman, and even Canadian corporations that can attack Canadian regulations by using aggressive nationality planning through their Panamanian subsidiaries.

I am very concerned that major foreign multinationals will be able to have trade tribunals challenge and perhaps even invalidate a decision made by a democratically elected government or parliament in order to protect public health or the environment, for example.

In the previous Parliament, the NDP presented a series of amendments in an attempt to address these shortcomings. Our colleague for Burnaby—New Westminster suggested adding provisions on sustainable investment, a requirement for fiscal transparency and provisions to incorporate workers' rights, especially the right to collective bargaining, into the bill. All these amendments were voted down by the Conservatives, with the support of the Liberals. This time we hope that the government will look more favourably on our amendments. I would like to recognize the work of my colleague from Burnaby—New Westminster in this matter.

Unlike the Conservative government, which has its sights set only on trade and profits, the NDP is proposing a trade policy that is fair and based on social justice and sustainable development. We want everyone, and not just big corporations, to benefit from economic development.

We believe that Canada's trade policy should be based on the principles of fair, sustainable and equitable trade, trade that builds partnerships with other countries that support the principles of social justice and human rights without ignoring the need to develop trade opportunities.

I know that I have just one minute remaining and I will close by speaking of the five pillars of the NDP's fair trade strategy.

First, we are proposing that an impact analysis of all international trade agreements be carried out in order to determine whether or not trade agreements negotiated by Canada benefit Canadian families, workers and industries.

Second, we are proposing that there be a guarantee that trade agreements negotiated by Canada strengthen Canada's sovereignty and its freedom to establish its own policy.

Third is the fundamental principle that all trade agreements must protect and promote human rights, which Canadians deem essential.

All trade agreements should also respect sustainable development and the integrity of all ecosystems. Last, any time the Government of Canada signs a free trade agreement, the decision to proceed with enabling legislation must be voted on in the House of Commons.

I will take questions now.

Canada-Panama Economic Growth and Prosperity ActGovernment Orders

December 12th, 2011 / 1 p.m.
See context

Liberal

Wayne Easter Liberal Malpeque, PE

Mr. Speaker, I am pleased to speak to Bill C-24, 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 mentioned the full title because I do believe that very important parts of this agreement, and ones we have been pushing for a long time, are the side agreements on labour co-operation and the environment. Whether they are strong enough at the end of the day, that is certainly something at which the committee will have to have a more in-depth look.

For years, various trade agreements have left out the important points of labour and the environment. It is unconscionable that in a trade agreement we would ask our businesses to compete on so-called fair free trade with other countries, where there are abuses of labour, low paid labour, and regulations on the environment, others do not. It is important to use these trade agreements to bring up labour and environmental standards around the world.

The trade agreement with Panama, though, is yet another example of the government pursuing new arrangements at the expense of established agreements. The most recent indication that the government is better at talking about the significance of trade while ignoring the practical matter of securing our trade with countries we have been trading with for a long time is demonstrated by the most recent trade statistics.

This past Friday, Stats Canada indicated that our merchandise exports declined by 3% and imports increased by 1.9%. Our trade balance, again, slipped into deficit.

While we are getting all kinds of talk from the government and the member for London West earlier in his remarks when asking a question of the parliamentary secretary talked about how aggressive the government is in securing trade agreements. Yes, it is aggressive. There is no question about that. However, it is aggressive in flitting all around the world trying to establish agreements with any number of countries, not big players in terms of actual trade, but while it is doing that, it is ignoring the countries with which we already have established trading relationships, especially the United States.

The government's mismanagement of Canada's trading relationships has resulted in trade deficits for the first time in 30 years, and that is worrisome.

Yes, while we support this particular trade agreement, we believe the government is failing over all in terms of a trade agenda around the world, basically by ignoring the key market that we trade with, which is the United States. In that market, in terms of the value of trade on a daily basis, more than $1.4 billion is traded between Canada and the United States. According to the international trade publication of Canada's State of Trade 2011, in 2010 the United States market accounted for 74.9% of our merchandise exports, and by 2040, according to the trade department itself, the U.S. share of Canada's exports will be 75.5%.

That regardless of the diversification of trade, even this government acknowledges, in its own documentation, that the United States is and will remain the dominant trading party of this country.

I express that because of all the propaganda and rhetoric we are getting from the government. It talks about a new trade deal here a new trade deal there. It is negotiating Panama today, but it is ignoring our established markets, and that point has to be made.

So yes, while the Conservatives sign the agreements, and they can add up the numbers, the fact of the matter is that they are failing Canadians on the trade agenda, especially with the United States of America.

In terms of merchandise trade, in 2010 Canada exported $339.4 billion internationally. The vast majority of our merchandise trade was with 10 countries, which, in descending order, were: the United States, accounting for 74.9%; the United Kingdom, 4.1%; China, 3.3%; and then Japan, Mexico, Germany, Korea, Netherlands and Brazil.

It is sad to say that we are now starting to lose ground in the Korean market, which is one of those top 10. The United States has just signed a free trade agreement with Korea and the tariffs to the United States will come down.

Korea is a huge market for Canadian pork and beef. However, the discussions between Canada and South Korea just seemed to have dried up. I do not know whether it is a dispute or whether the Minister of International Trade is trading off Canadian pork producers because the Minister of Finance is so concerned about the auto industry that is in his backyard.

The government has to come together and balance, in an auto-pact kind of way, in order to protect the Canadian car industry, which the Minister of Finance clearly wants to do as it is in his own backyard. However, the Minister of International Trade has to stand up to the Minister of Finance and say that Canadian pork and beef exports to Korea, where we trade over $1 billion in that market now, are important too.

Every day from here on, with the United States tariffs coming down, we are going to start to lose our Korean market share. It will go up for the United States and down for Canada. It is time that the Minister of International Trade stood up for Canadian pork producers in that particular market.

This is not Panama, but is an important market and we have to pull the whole trade agenda into context. Panama is important, but it is extremely important that we not lose markets wherein we have already established a market share.

Canada is a trade dependent nation with 80% of our economy depending on access to foreign markets for Canadian exports. The Liberal Party supports the principle of free trade. We support initiatives that improve market access for Canadian business.

To look back at how we got into some of these established markets, we see a failing with the current government. Prime Minister Chrétien led trade missions, sometimes with premiers and businesses, to China and other countries around the world to establish and expand the trading relationship. That is not happening with the present Prime Minister. The trade minister seems to be flying around the world, but as I said, we are losing established markets. We cannot continue to allow that to happen.

The international trade committee studied Bill C-46 in the previous Parliament and consulted with stakeholders to ensure that the agreement was generally good for Canada. The committee travelled to Panama and I believe to Jordan as well. I congratulate the committee on its work.

However, I agree with the parliamentary secretary that we do not need to go through that broad hearing process again. It is on the record and we can look at it. I think there are other issues that we need to look at as a committee in order to do our work, but we do not need to repeat what was already done. I would hope that we can give this piece of legislation relatively quick passage in the House.

Panama has a relatively small economy. In 2009 we exported $90 million in goods to the country. It is, however, a stable country which has made significant progress in recent years in terms of development and democracy, which Canada is well placed to encourage.

Some of the exports that have great potential in Panama, such as fish, shellfish, french fry potatoes and agriculture products, do come from my region of the country, so the agreement should be good for some businesses and farmers in my own particular region.

I would like to put this into perspective. While this is a very worthwhile venture, the Conservative government has been lagging behind our competitors in important emerging markets like China and India, and this has been mentioned by previous speakers, and has only recently attempted to engage in those markets. Canada should be focusing its trade agenda on larger growing markets where there are more opportunities for Canadian businesses and Canadian employers.

The Conservative government has been failing, and I underline that, to protect Canadian interests vis-à-vis our largest trading partner, the United States. The United States is engaging in increasing protectionism, which has already hurt Canadian businesses, yet the Conservative government seems to be doing virtually nothing.

Time and again we have asked the Minister of International Trade about the buy American issue, and he has surprised and disappointed us. We asked him about the additional fees on products going by sea and air into the United States, and he surprised and disappointed us.

Against the rule of law and undermining democracy, the Canadian government is trying to do away with the Canadian Wheat Board, and the bill may pass through the Senate tonight against the ruling of the Federal Court and against the rule of law.

To the disadvantage of producers in this country, the government is giving to the Americans, undermining democracy in the process. The Americans have challenged Canada 14 times with respect to that particular agency. Canada won every time and now the government is going to give it away. One has to wonder who the minister is really working for. Is he working for American or Canadian producers?

It is one thing to kill the Canadian Wheat Board, but are the Americans going to reduce their subsidies? No, they will not. They never negotiated anything like that. It is a win for the Americans, and that is the problem that we are seeing with the Conservative government.

At the WTO we won the issue with respect to COOL, country of origin labelling. Is the government demanding that the Americans pay compensation to our producers? No. Our industry lost over $5 billion as a result of that illegal, improper action by the United States, and the minister just sits on his hands. It just gives them something else in return. That is the key point in terms of the trade perspective.

Panama is important. Bill C-24 is a reasonably decent bill, but the government has been avoiding the bigger and broader trade issue. At the end of the day, even with a new trade agreement, Canadian exporters and Canadian businesses seem to be consistently losing ground, and they are feeling it in their pocketbooks.

We support Bill C-24, but our focus in terms of trade is on the larger issues and larger trading partners, both existing and potential, that the government is neglecting to the detriment of the Canadian economy and Canadian jobs.

The agreement with Panama is helpful and in the opinion of the Liberal Party the legislation should move to committee for further examination. As I said a moment ago, we do not need to take months to examine it. We should be able to give the bill reasonably quick passage if we examine it critically.

I have a couple of points on Panama. In spite of the global economic downturn, Panama's GDP grew at 10.7% in 2008, one of the highest in the Americas. In 2010, Panama's GDP growth stood at 7.5%. Panama is Canada's largest export market in Central America. The bilateral trading relationship has grown 61% since 2009, reaching $213 million in bilateral trade in 2010.

Primary Canadian merchandise exports to Panama include machinery, vehicles, electronic equipment, pharmaceutical equipment, pulses 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; nuts; fish; and seafood products.

The existing Panama Canal, vital, as we know, for the international trading system, is being expanded, with completion slated for 2014. The $5.3 billion expansion is expected to generate opportunities for Canadian companies in construction, environmental engineering and consulting services, capital projects and more. That is an opportunity for Canadian companies to work on the ground and to gain economy back home in terms of increasing the size of Panama Canal so it can handle super Panamax vessels.

Elements covered by the FTA include market access for goods, cross-border trade and services, telecommunications, investment, financial services and government procurement. Panama maintains an average most-favoured nation, applied tariffs on agriculture products of 13.4%, reaching as high as 260% on some products. The FTA would eliminate these immediately, and that is a good thing, in the case of 90% of the products and gradually on the rest over the next 5 to 15 years. This would likely enhance the competitive position of Canadian agriculture products, such as frozen potato products; pulses; beans and lentils; pork, which was previously taxed at 47%; malt; processed foods; and beef. As I said earlier, several of those products are important to the Atlantic region.

On non-agriculture goods, Panama maintains an average MFN applied tariff of 6.2%, reaching as high as 81% on certain key Canadian exports. The FTA would completely eliminate these tariffs, which could help Canadian exporters of fish and seafood, construction materials and equipment, industrial and electronic machinery, paper products, vehicles and parts. Canada would immediately eliminate over 99% of our tariffs on current imports from Panama.

The free trade agreement also addresses non-tariff barriers by adopting measures to ensure non-discriminatory treatment of imported goods, promoting good regulatory practices, transparency and use of international standards. Ratifying this free trade agreement appears to have little economic risk for Canadian industries. The concerns that have yet to be resolved and relate to the issue of Panama is Panama as a tax haven and the issue of money laundering. I do not want to get into the technicalities in those particular areas. That is an issue that we need to talk about at committee. I asked the parliamentary secretary a question earlier. We see that as an important issue that really does need to be addressed.

The bottom line is that we are supportive of this particular trade agreement but we are critical of the government in terms of its overall trade agenda where it continues to lose out on already established markets as it vies to find new ones.

Business of the HouseOral Questions

March 24th, 2011 / 3:05 p.m.
See context

Conservative

John Baird Conservative Ottawa West—Nepean, ON

When members are called smug, they all cheer and applaud.

As for the business of the House, I believe the minister responsible for the Status of Women has a motion that she would like to move after I have concluded my response to the Thursday question. Following that, without anticipating the outcome of any vote of the House, there seems to be an appetite to allow members who will not be running in the next election to have two minutes each to make statements. Following these statements, we will continue with day one of the budget debate.

Tomorrow we will consider the last allotted day in this supply period. I do not know why the opposition coalition is talking about ending this very productive Parliament to force an unwanted and unnecessary election. Recent weeks have led me to conclude that this is the most dysfunctional Parliament in Canadian history.

Yesterday our Conservative government achieved royal assent for the following bills: Bill S-6 to eliminate the faint hope clause; Bill C-14 to provide hard-working Canadians some fairness at the gas pumps; Bill C-21 to crack down on white collar crime; Bill C-22 to crack down on those who would exploit our children through the Internet; Bill C-30, R. v. Shoker; Bill C-35 to crack down on crooked immigration consultants; Bill C-42 to provide aviation security; Bill C-48 to eliminate sentencing discounts for multiple murderers; Bill C-59 to get rid of early parole for white collar fraudsters, a bill the Liberal government opposed but the Bloc supported; Bill C-61, the freezing of assets of corrupt regimes; and Bill S-5, safe vehicles from Mexico. What a legacy for the Minister of Transport, Infrastructure and Communities.

The work of this Parliament is not done. There are a number of key and popular government bills that Canadians want. Next week, starting on Monday, we will call: Bill C-8, the Canada-Jordan free trade agreement; Bill C-46, the Canada-Panama free trade agreement; Bill C-51, investigative powers for the 21st century; and Bill C-52, lawful access.

Does the Minister of Justice ever stop fighting crime? He gets more and more done. In many respects, as House leader I am like the parliamentary secretary to the Minister of Justice.

Of course, we need to complete the budget debate to implement the next phase of Canada's economic action plan, a low tax plan for jobs and growth. Therefore, Tuesday we will debate day two of the budget, Wednesday we will debate day three of the budget and on Thursday we will debate day four of the budget. We have lots to do and I suggest to the members across that we turn our attention back to serving the interests of the public.

While I am on my feet, I would like to serve those interests by asking for unanimous consent for the following motion. I move that, notwithstanding any Standing Order or usual practices of the House, Bill C-49, An Act to amend the Immigration and Refugee Protection Act, the Balanced Refugee Reform Act and the Marine Transportation Security Act shall be deemed to have been read a second time, referred to a committee of the whole, deemed considered in committee of the whole, deemed reported without amendment, deemed concurred in at report stage and deemed read a third time and passed.

Business of the HouseOral Questions

March 10th, 2011 / 3:10 p.m.
See context

Ottawa West—Nepean Ontario

Conservative

John Baird ConservativeLeader of the Government in the House of Commons

Mr. Speaker, with respect to your ruling yesterday, we are working right now as we speak to comply on that issue and we will be responding in short order.

We will continue debate today on the Bloc opposition motion that began this morning.

Tomorrow, we will call for third reading of Bill C-55, the new veterans charter bill. I appreciate that there has been support for the passage of that bill. It is important for Canada's veterans and I am pleased that we have been able to come together on that.

Following Bill C-55, if time permits, we would debate Bill C-54, protecting children from sexual predators; Bill S-7, the justice for victims of terrorism; Bill C-8, the Canada-Jordan free trade agreement; Bill C-12, the democratic representation bill, which is an important bill for my premier in Ontario and particularly for the people in both Alberta and British Columbia; Bill C-46, the Canada-Panama free trade agreement; Bill C-57, improving trade within Canada; Bill C-43, RCMP modernization; Bill C-52, investigating and preventing criminal electronic communications; and Bill C-50, improving access to investigative tools for serious crime.

With respect to the business for next week, I will be, among other places, working hard in my constituency for the people of Ottawa West--Nepean.

Business of the HouseOral Questions

March 3rd, 2011 / 3:05 p.m.
See context

Ottawa West—Nepean Ontario

Conservative

John Baird ConservativeLeader of the Government in the House of Commons

Mr. Speaker, before I respond to the member's question, I would like to, on behalf of the government, add my voice to the voices of the member for Toronto Centre and the member for Winnipeg Centre who spoke about the passing of a distinguished member of the parliamentary press gallery, Jim Travers of The Toronto Star. He was a long-time member of the parliamentary press gallery and a former editor of the Ottawa Citizen. Jim would have been just 63 years old next month. His passing in the hospital was completely shocking and unexpected.

Jim was a top national journalist and a columnist who never was afraid to make his views known on the printed page and on the airwaves as a frequent guest on panel shows and talk radio. He was a passionate Canadian. He loved this country and he was incredibly committed to his craft. Canada has certainly lost a legend.

On behalf of all of us in this place, I offer our sincere condolences to Jim's wife Joan, his sons Patrick and Ben, and to the rest of his family and friends, and his colleagues especially from The Toronto Star who, I know, are deeply saddened by this loss, and, indeed, all of his colleagues in the parliamentary press gallery at this very difficult time. The thoughts and prayers of all Canadians are with Jim's family and many friends.

In terms of parliamentary business for the coming week, today we will continue debate on the NDP opposition motion. I thank my NDP counterpart, the member for Vancouver East, after our difference of opinion. We have worked to make Parliament work and we have come to an agreement that has been satisfactory to both sides. I also thank my opposition colleagues from Ottawa South and Joliette for their assistance and agreement in this matter.

Tomorrow, we will resume and hope to complete debate on Bill C-55, the enhanced new veterans charter that our colleague, the Minister of Veterans Affairs, has introduced. Following Bill C-55, we will move to call Bill C-60, An Act to amend the Criminal Code (citizen's arrest and the defences of property and persons).

Next week, we will continue with the business on Friday and, in addition, we will call Bill C-20, the action plan for the National Capital Commission; Bill C-54, the child sexual offences; Bill C-8, the Canada–Jordan free trade agreement; Bill C-12, the democratic representation; Bill C-46, the Canada–Panama free trade agreement; Bill C-57, improving trade within Canada, brought forward by the Minister for Small Business; and Bill C-50, improving access to investigative tools for serious crimes, which is an important bill sponsored by our colleague, the Minister of Justice and Attorney General of Canada.

My friend from Ottawa South and the member for Vancouver East mentioned a solicitation for financial funds on parliamentary letterhead.

Mr. Speaker, as the chair of the Board of Internal Economy, I think it would be wise for you to place this issue before the Board of Internal Economy. There have been several complaints about opposition members soliciting campaign funds on government websites and perhaps the board could discuss that at the same time.

With respect to Bill S-10 and Bill C-49, we continue to make our case to Canadians and are working hard to convince the Liberal Party of the wrong decision it has made on these important piece of legislation. We will call for further debate in due course.

Business of the HouseOral Questions

February 17th, 2011 / 3:05 p.m.
See context

Ottawa West—Nepean Ontario

Conservative

John Baird ConservativeLeader of the Government in the House of Commons

Mr. Speaker, with respect to Bill S-10 and Bill C-49, we will call them when the time is right and when we can get these important pieces of legislation passed by the House of Commons.

With respect to accelerated parole, we found the time was right this week to get that bill done. I want to thank all members of the House for their consideration, particularly those members who supported that important legislation to stop fraudsters, who steal $100 million from seniors' retirement savings, from only having to go to jail for one-sixth of their sentence. I want to thank all the members who supported that important legislation, particularly on third reading.

Today, we will continue with the Liberal opposition motion. We heard a great speech by the member for Wascana at the outset of this Parliament.

Tomorrow, we will call Bill C-42, the strengthening civil aviation security; Bill C-46, the Canada-Panama free trade bill; and Bill C-55, the enhanced new veterans charter, on which the Minister of Veterans Affairs has done a phenomenal job. I think there have been consultations with the parties, which is good news. We also will call Bill C-20, an action plan for the National Capital Commission. I know there has been a considerable amount of very non-partisan discussion among all the parties. We will have that bill at report stage and then third reading. There will be a few amendments and we have already had some discussion with some members on this.

Next week, as all members will know, is a week the House is not sitting. When the House returns on February 28, we will simply continue where we left off with the list of bills that I gave.

I am pleased to announce to our good friends in the new Democratic Party that Tuesday, March 1 shall be an allotted day.

Business of the HouseOral Questions

February 10th, 2011 / 3:05 p.m.
See context

Conservative

John Baird Conservative Ottawa West—Nepean, ON

Mr. Speaker, boy, have I mellowed. I would not have said such nice things about the Badger even just a few short years ago, but I have mellowed and have become so quiet and soft-spoken since I arrived on Parliament Hill.

I would like to the thank the House leader for the official opposition for his questions.

With respect to Bill S-10, it is an incredibly important piece of legislation that goes after people who traffic in drugs, sell drugs to our children and who traffic in date rape drugs, which is something that is incredibly serious in many parts of the country. We want to see that bill passed and we will move forward on a path to allow it to be passed.

With respect to the bill on human trafficking, we want to see that passed. Again, it is an important piece of legislation. We do not want to provide the Liberal Party with an early opportunity to kill that good piece of legislation. I know they are anxious to kill legislation that is tough on crime, but we are going to stay focused.

Getting back to the business of the House, we will continue today with the Bloc opposition motion.

The parties are currently negotiating a way to proceed with Bill C-59, An Act to amend the Corrections and Conditional Release Act (accelerated parole review) and to make consequential amendments to other Acts. This is a modified version of what makes up part of Bill C-39, a bill that has been at the public safety committee since October 20, 2010. This is an important piece of legislation. The thrust of it has already received agreement in principle from this House. We will be continuing the negotiations on it, or dances, depending on how one defines that, with all parties on this issue.

Given that Bill C-59 will prevent fraudsters from getting out of jail after serving only one-sixth of their sentence, I hope there is sufficient support to move on this initiative without further delay. Tomorrow, therefore, we will either debate Bill C-59 or a procedural motion relating to Bill C-59.

Following Bill C-59, the government intends on calling Bill C-42, Strengthening Aviation Security Act; Bill C-46, Canada-Panama Free Trade Act; Bill C-55, Enhanced New Veterans Charter Act; Bill C-20, An Action Plan for the National Capital Commission; Bill C-8, Canada-Jordan Free Trade Act; Bill C-57, Improving Trade Within Canada Act; Bill C-50, Improving Access to Investigative Tools for Serious Crimes Act; and Bill C-12, Democratic Representation Act.

I could come back with more if we could get all of these bills passed on Monday.

That is the agenda for next week.

Canada-Panama Free Trade ActGovernment Orders

February 7th, 2011 / 4 p.m.
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Bloc

Daniel Paillé Bloc Hochelaga, QC

Mr. Speaker, I am pleased to once again speak about Bill C-46 because a government cannot possibly be unaware that it is impossible to serve such different interests at the same time; it does not make sense.

It is true that Panama has a developed economy. In fact, it has the most highly developed economy in Central America. One of the reasons why Panama's economy is so highly developed and open to the world is that, at a some point, a canal was built that serves as a route between the Americas. As a result, Panama is already accustomed to trade, travel and transit, and has been for a long time.

As a matter of fact, it is this familiarity with transit and trade, as well as the fact that many people pass back and forth through Panama but do not live there, that have made it into a tax haven. Such has been the case for a long time. We are becoming more and more aware of it; however, the members on the other side of the House do not seem to be responding to this situation.

It is said that Panama has moved from the blacklist to the grey list. Panama has signed agreements. In fact, it has signed several and has said that it would like to sign a tax treaty. We are saying that, if an international trade agreement is to be signed, a tax treaty, at minimum, should also be signed. This should not all be incorporated into the same agreement. There should be two separate agreements. But, there is always the power to negotiate.

If Panama receives $91 million worth of Canadian products per year and sells $41 million worth of its products to Canada per year, we find ourselves in a situation that, although may be marginal from an economic perspective, is still significant. The Government of Canada therefore has the power to negotiate. It can say to the Panamanian government that it agrees and that it is prepared to facilitate trade; however, from a tax perspective, there are a certain number of irritants. I will come back to this.

We should also remind Panama that it wants to sign a trade agreement with us, that there is a tax agreement to sign, but that the International Labour Organization finds that Panama's treatment of its labour force is inappropriate. In other words, the Panamanian government is recognized by the International Labour Organization as a government that breaches even minimal labour standards. Here again, we have leverage and can say that before we sign a trade agreement, Panama will have to make significant progress in terms of its tax policy and its labour relations. And why not add the environment to boot? It seems, according to our information, that Panama is not necessarily the best country in the world when it comes to respecting environmental rights.

Even though we are in favour of opening up markets, let us not forget that Canada is part of NAFTA because of Quebec's massive support for the Progressive Conservative government that concluded this international trade agreement with the Americas. We agree with having open markets, but their strategy is all wrong. They should be taking advantage of this opportunity.

What is a tax haven? I said a couple of minutes ago that I would come back to taxation.

There are some terms that are used that people do not understand. A tax haven is four things.

First, a tax haven is a place that has no or nominal taxation. To have a tax rate of 15%, 18% or a little more than 20% on business profits, as we have in Canada, or 11% on SMEs, is perfectly fine. However, 0.5% or nothing at all is considered a nominal tax rate. There is a gap between the tax rates.

Second, a tax haven lacks transparency. When it comes to ethics, transparency and disclosure, if Canada wants to sign a tax agreement with Panama, then there at least needs to be transparency in the information we receive.

Third, there are laws or administrative practices that prevent the exchange of information. Getting any information, let alone transparent information, is quite something. Sometimes the government considers itself to be a tax haven when we ask it for some information, as we did in the Standing Committee on Finance to no avail. Our colleague from the Liberal Party was talking about this earlier. However, sometimes we receive piles of documents that are absolutely not transparent.

Fourth, there are indications that the country attracts investors solely for tax reasons and not for their economic activities. Earlier, our NDP colleagues told us just how many businesses just have a post office box in Panama.

The characteristics of a tax haven are a post office box, difficulty obtaining information, unclear information and non-existent taxation. Those are four relatively simple elements that define a tax haven.

We should be taking this opportunity to state that we want a tax treaty. But if we had a tax treaty with a country that has zero taxes, people would wonder what business we had forcing Panama into levying more than a 1% tax on business income. On the other hand, it would make no sense for Canada, by signing a tax treaty with Panama, to exempt Canadian companies doing business in Panama from paying taxes because they pay them in Panama. That is why we need to discuss tax treaties between Canada and Panama. That is why we are delving into this issue and saying that these agreements need to be reviewed.

What are the elements of Quebec sovereignty and independence? The first is the ability to have our own taxation. During question period, we prove that Quebec is not independent when the federal government gets involved in Quebec taxation. The second is the ability to make all of our own laws. During question period, we also prove that Quebec is being invaded by federal laws. The third element of sovereignty is the ability to sign our own treaties. If Quebec were sovereign, it would not sign this kind of agreement with Panama unless there were worthwhile taxation, labour rights and environmental agreements.

Canada-Panama Free Trade ActGovernment Orders

February 7th, 2011 / 3:45 p.m.
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NDP

Jean Crowder NDP Nanaimo—Cowichan, BC

Mr. Speaker, New Democrats are opposing the Canada-Panama free trade agreement, Bill C-46.

I am going to address a couple of issues. I want to talk about the labour aspect of this legislation and, if I get to it, fair trade and the tax haven.

Earlier, we heard one of the Liberal members talk about the fact that the Conservative government would have consulted and yet, I find that a surprising statement given the fact when Dr. Teresa Healy, the senior researcher for the Canadian Labour Congress, came before the committee, she clearly outlined some concerns around the labour aspects of the bill.

I will not read her testimony into the record, but she did say the Canada-Panama agreement does not include specific protection for the right to organize and right to strike. On labour issues, fines are small, there are no countervailing duties. There is no provision for abrogation or any other such remedy. Yet, again, labour provisions remain in a side agreement rather than in the body of the text.

She indicated a bit of the socio-economic status in Panama. She said 40% of the population is poor, 27% is extremely poor, and the rate of extreme poverty is particularly acute in indigenous populations.

She also pointed out the track record of the Panamanian government.

The president 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 strikebreakers. It criminalized street blockades and protected police from prosecution.

This is hardly a country's labour record that we would want Canada to enter into an agreement with.

The member for Burnaby—New Westminster has been taking the lead on this particular piece of legislation for New Democrats and has proposed amendments to attempt to change some of the more egregious aspects of this agreement.

One of the amendments he put forward was that the trade union workers in Panama be offered the right to collective bargaining as well as requiring the Minister of International Trade, as a principal representative of Canada on the joint Panama-Canada commission, consult on a regular basis with representatives of Canadian labour and trade unions. Sadly, that amendment was defeated at the committee.

I want to put this into context. In an article from October 2010 called “Back to the 'Good' Old Days”, although it is talking about Asia, there makes some good points. It states:

“Child labour rampant in Asia, serfdom on the rise here”.

I am going to quote extensively from the article because it is important when we see the erosion of labour rights in other countries it cannot help but raise concerns at home.

The article starts with a quote from John D. Rockefeller, from 1894. It states:

The disparity in income between the rich and the poor is merely the survival of the fittest. It is merely the working out of a law of nature and a law of God.

Many of us do not believe that. We believe there are roles for government in terms of redistribution of income.

Quoting again from the article, it states:

During the first 70 years that followed this pronouncement by one of the 19th-century's leading robber barons, the worst excesses of unfettered free enterprise were curbed by government regulations, minimum wage increases, and the growth of the labour movement. Strong unions and relatively progressive governments combined to have wealth distributed less inequitably. Social safety nets were woven to help those in need.

Corporate owners, executives, and major shareholders resisted all these moderate reforms. Their operations had to be forcibly humanized. They always resented having even a small part of their profits diverted into wages and taxes, but until the mid-1970s and '80s they couldn't prevent it. Now they can.

Thanks to the international trade agreements and the global mobility of capital, they can overcome all political and labour constraints. They are free once more, as they were in the 1800s, to maximize profits and exploit workers, to control or coerce national governments, to re-establish the survival of the fittest as the social norm.

This global resurgence of corporate power threatens to wipe out a century of social progress. We are in danger of reverting to the kind of mass poverty and deprivation that marked the Victorian era. Indeed, this kind of corporate-imposed barbarism and inequality is already rampant in many developing countries.

From the statistics that that Dr. Healy quoted, when we have 27% of a country extremely poor and 40% of the population poor, we have to wonder why we would be entering into that kind of trade agreement.

The article went on to talk about how, unfortunately, most Canadians do not seem to know how badly their forebears were mistreated in the workplace of the 1800s. These are labour conditions in Canada, but Canadians often do not realize that in Canada we had some of the worst labour laws going. It talks about a number of things. It says:

Conditions in the mines were especially bad, with most of the miners dying from accidents or “black-lung” disease before they reached the age of 35.

Hundreds of thousands of children, some as young as six, were forced to work 12 hours a day, often being whipped or beaten. A Canadian Royal Commission on Child Labour in the late 1800s reported that “the employment of children is extensive and on the increase. Boys under 12 work all night in glass-works in Montreal. In the coal mines of Nova Scotia, it is common for 10-year-old boys to work a 60-hour week down in the pits”.

This Royal Commission found that not only were children fined for tardiness and breakages, but also that in many factories they were beaten with birch rods. Many thousands of them lost fingers, hands, even entire limbs, when caught in unguarded gears or pulleys. Many hundreds were killed. Their average life expectancy was 33.

As late as 1910 in Canada, more than 300,000 children under 12 were still being subjected to these brutal working conditions. It wasn't until the 1920s, in fact, that child labour in this country was completely stamped out.

In the 1920s in Canada we agreed that child labour was not a norm, finally, that we would agree to. Yet we are saying it is okay to sign trade agreements with other countries where child labour is in fact part of what happens in those countries.

The article went on:

In the United States, another robber baron, Frederick Townsend Martin, was even more candid. In an interview he gave to a visiting British journalist, he boasted: “We are the rich. We own this country. And we intend to keep it by throwing all the tremendous weight of our support, our influence, our money, our purchased politicians, our public-speaking demagogues, into the fight against any legislation, any political party or platform or campaign that threatens our vested interests.”

It is nice to hear that someone was on the record in an honest way about what that particular corporate agenda was.

A modern descendant of John D. Rockefeller, his great-grandson banker David Rockefeller, put it plainly in a speech he gave back in the 1990s: “We who run the transnational corporations are now in the driver's seat of the global economic engine. We are setting government policies instead of watching from the sidelines”.

The article also states:

Already, in most of the developing nations, they have brought back child labour. Conditions in most factories operated by or for the transnational corporations in Asia and parts of Latin America are not much better today than they were in North America and Europe in the 1800s. Thousands of boys and girls are being compelled to work 12 hours a day in dirty, unsafe workshops for 40 or 50 cents an hour.

The article gives a number of examples in some Latin American countries.

When we talk about entering free trade agreements I hear Liberal and Conservative members ask when would the New Democrats ever support a free trade agreement. We would support a free trade agreement when it is a fair trade agreement, when it looks at the working conditions, when it looks at who is being exploited in those countries, when it looks at the corporate agenda in terms of driving the wages down in those unsafe working conditions.

A very good reason for us to question whether or not we should be entering a free trade agreement is when we have a side agreement, as in this particular case, about labour. It is not even integrated into the agreement.

I now have only a brief moment to talk about fair trade.

My colleague from Hamilton East—Stoney Creek earlier talked about multilateral trade. Many of us believe that multilateral trade is a very important way to look at it. Also, when we talk about trade, it should include fair trade.

When we talk about fair trade it is about the fact that workers in the countries of origin have fair access to the profits of their labour. There are a number of principles around fair trade.

To wrap up, I would encourage all members in this House to vote down this agreement. There are better ways that Canada can gauge and demonstrate leadership with countries around trade.

Canada-Panama Free Trade ActGovernment Orders

February 7th, 2011 / 3:30 p.m.
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Bloc

Thierry St-Cyr Bloc Jeanne-Le Ber, QC

Mr. Speaker, I am pleased to rise today to speak to Bill C-46, which would implement the free trade agreement negotiated between Canada and the Republic of Panama. First of all, I want to say that even though the Bloc Québécois is generally in favour of free trade, it will oppose Bill C-46 and, more specifically, the agreement with Panama.

I will start by providing a brief history of free trade and explain why a number of countries have signed agreements to freely exchange goods, without there being any customs duties or excessive restrictions on these goods.

The oldest major free trade agreement is the GATT, which was signed in 1947. If I recall correctly, that stands for the Global Agreement—

Canada-Panama Free Trade ActGovernment Orders

February 7th, 2011 / 1:45 p.m.
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NDP

Niki Ashton NDP Churchill, MB

Mr. Speaker, it is an honour to rise in the House to take part in such a critical debate, not just about the Canada-Panama free trade agreement but about how we move forward as a country, our relationships at the international level and how we see our role as promoters of trade and growing relationships within the Americas.

However, as I stand here, I am also very proud to be a member of a party that has stood for the kind of trade that prioritizes the concept of fairness, fair trade, a party that reaffirms its vision for a fair trade policy that puts the pursuit of social justice, strong public sector social programs and the elimination of poverty at the heart of an effective trade strategy.

In fact, when we hear Canada speak out at the international level, we hear of the concepts of mutual growth and improvement of living conditions. However, when we look at the specifics of the kinds of trade agreements that the government is promoting, we see an approach that strays from those kinds of ideas, certainly from the values that we in the NDP hold dear and go against the idea of wanting to contribute to the benefit of people in these countries, not just corporations or certain people, but people in general. That is the question in the House when it comes to Bill C-46, the Canada-Panama free trade agreement.

As my colleagues have expressed in the House, we have grave concerns that this bill has come forward in a hurried fashion, with a real desire by the government to pass it without the in-depth examination of what might be challenging pieces. Certainly there has been critical debate at committee, but there are some key points that I am sure many Canadians would be shocked to find out the government is trying to push through. They require more debate. Members deserve a chance to sit down and ask whether this really is what Canada wants to be promoting on the international stage.

We have heard much talk about the idea that this trade agreement would exacerbate the inequalities in Panama, that it would allow Canadian companies and Canada to be part of scenarios where labour rights are disrespected and abused or environmental rights are disregarded. We have heard that the fact that there are side agreements on labour co-operation and the environment is supposed to deal with these concerns and dynamics that we in the NDP think such a trade agreement would foster in a country like Panama.

The existence of such side agreements is simply not what is going to prevent such abuses from taking place or what is going to prevent such trade agreements from truly looking at how trade could make Panamanians and Canadians better off. There are a couple of reasons why NDP members feel the side agreements and Bill C-46 are inadequate in trying to reach the point of truly contributing to the well-being of Panama and Canadians.

At committee, compelling testimony was heard from witnesses regarding, for example, the tax haven situation in the Republic of Panama as well as its poor record of labour rights. It was noted that Panama has refused to sign a tax information exchange agreement, something that is troubling considering the large amount of money laundering in Panama, including money from drug trafficking.

Panama's complete lack of taxation transparency has led to the Organization for Economic Co-operation and Development to label the nation a tax haven. It has been referenced that a double taxation agreement would somehow resolve such a concern, but the double taxation agreement only tracks legal income while a tax information exchange agreement would track all income, including that made through illegal means.

The tax haven situation in Panama, as witnesses expressed in committee, is not improving conditions under the current government in Panama. A trade agreement with Canada would only worsen the problem and could cause harm to both Panama and Canada.

Another critical area a side agreement would not deal with and the source of such concern would be in the area of labour and the respect of labour rights. It is a tenet of who we are as a democracy and as a country that has believed that people's well-being depends on their freedom to organize, on their ability to be part of unions and on their ability as working people to fight for a decent wage, to fight for proper health and safety and to fight for that dignity that we would all hope for in any country around the world.

However, we recognize that these rights are not respected in Panama the way we respect them in Canada.

Another major issue is the status of labour rights in Panama and the complete failure of this trade agreement to ensure that these rights are not denied to Panamanian workers as they have been in the past.

When Teresa Healy of the Canadian Labour Congress spoke to the parliamentary committee regarding the agreement on labour co-operation, she testified that while the International Labour Organization's core labour standards are invoked, Bill C-46 is still weaker than it should be. As well, she pointed out the current Panamanian government has increasingly been harsh on labour unions and workers, especially in recent years.

It was noted, for example, that over the last few years a number of measures have come into play that have exacerbated the wealth inequalities in a country like Panama. While recording relatively high growth rates, it is the second most unequal society in the region. Forty per cent of the population is poor; 27% is extremely poor; and the rate of extreme poverty is particularly acute in indigenous populations. The country has endured extensive structural adjustment, liberalization and privatization which 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 Martinelli announced unilateral changes to the 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 strikebreakers. It criminalized street blockades and it protected police from prosecution.

These are the kinds of measures that we are in fact not just approving of by continuing to approach this trade agreement as a positive sign and looking to side agreements as though they were going to put a stop to such an agenda put forward in Panama. Canadians would not want to think, would not want to know that we are complicit in encouraging what is fundamentally an attack on people's right to organize and people's right to speak out and fight for a decent living.

The severity of this attack on labour rights seen in Panama has been met with strikes and demonstrations. The police have been exceedingly harsh in their response and that was just this past summer. At least six people were killed; protestors were seriously injured and many were blinded by tear gas and police violence. Some 300 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.

We are pointing out that a side agreement on labour co-operation, as it is termed, is in no way sufficient and certainly does not make a strong statement by Canada that such action is unconscionable.

The NDP is saying trade agreements must respect the tenets of fairness, but also must respect the values that we hold dear as Canadians, whether it be in terms of labour rights, transparency or on the environment. Canadians would demand nothing less.

Canada-Panama Free Trade ActGovernment Orders

February 7th, 2011 / 1:35 p.m.
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Liberal

Siobhan Coady Liberal St. John's South—Mount Pearl, NL

Mr. Speaker, I rise to speak 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.

Canada and Panama signed this agreement on May 14, 2010, and the bill has made quick progress through all stages to get to the third reading, since it was only introduced on September 23 of last year.

The international trade committee concluded its study on the bill in late December before the House recessed. After careful consultation with stakeholders, the committee concluded that the agreements were satisfactory, and now Bill C-46 has come back to the House.

Freer, more open trade with our neighbours benefits everyone. Through trade agreements, we strengthen our economy, increase wealth, protect labour and human rights and help ensure environmental protection.

Our country relies on trade. In fact, 80% of our economy depends on trading with our neighbours. That is why I support any initiative that improves market access for our Canadian businesses. Canada is a trading nation. Our trade roots date back to the 1600s. Indeed, our country is founded on trade.

This is why Liberals are concerned that for the first time in 30 years, Canada now has a trade deficit. Export amounts to 45% of our gross domestic product, so we definitely need to have a good trade relationship. We need successful trade policies that build and sustain relationships with our existing partners, while also securing opportunities for other nations.

However, it seems our country takes one step forward and two steps back. Consider the United Arab Emirates, for example. We are all familiar with the diplomatic negotiations with the United Arab Emirates over airline landing rights. The U.A.E. is an important trading partner for us, with $2 billion every year in trade. This dispute was about six extra flights every week. However, because it was so poorly handled, we were told to leave Camp Mirage, a military base in Dubai that has been our forward operating base for our mission in Afghanistan. It will cost taxpayers at least $300 million just to close it and who knows how much to set up a new base somewhere else. That is how important trade relationships are.

In emerging markets, for example like China and India, we have delayed or missed opportunities. In the coming years, China and India will generate some 900 million new consumers and spend some $4 trillion on new infrastructure. Yet in 2006 and 2007 our exports to China barely kept pace with the growth of the Chinese economy. In the same period, the U.S. increased its trade by some 60%. We are not only falling behind the Americans. Thailand, the Philippines, Germany, and Australia are all getting a bigger piece of the Chinese import market than we are.

As I stated earlier, the Liberals are very supportive of fair open trade and Bill C-46 does make progress in that direction. However, we are falling behind in securing the biggest emerging markets in the world. If we are to compete tomorrow, we must open up opportunities not only in Panama, but in China, Russia, India, Brazil, and other emerging markets.

Even though Panama is a relatively small economy, there is much potential. In 2009 Canada exported around $90 million in goods to a small country of just under 3.5 million people. The country is relatively stable. It has made important strides in recent years with its development of democratic institutions. Through the global economic downturn, Panama's GDP still managed to grow at 10.7% in 2008, making it one of the hottest economies in the Americas. It is forecast to grow 5.6% for 2010.

Most of our exports to Panama include machinery, vehicles, electronic equipment and pharmaceutical equipment. Our service industries provide financial services and engineering, as well as information technology support. The Canada-Panama free trade agreement would include open market access for goods, cross-border trade and services, telecommunications, investment, financial services and government procurement.

At the moment, Panamanian tariffs on agricultural products are around 13.4%, but in some cases they can reach as high as 260%. Removing these tariffs would generate many opportunities for the Canadian agricultural sector.

Atlantic Canada also stands to benefit very much from this free trade agreement. It accounts for 10.9% of Canadian exports to Panama.

In late January, early February of this year, 12 Atlantic Canadian companies participated in a trade mission to Panama, building on past trade missions to that country. From Newfoundland and Labrador, four companies participated in the trade mission: Blue Oceans Satellite Systems of St. John's, Cartwright Drilling of Goose Bay, Labrador, Compusult Limited of Mount Pearl and Marine Industrial Lighting Systems of Mount Pearl.

Compusult is a global leader in geospatial interoperability. Its scientific applications support environmental data gathering and management. Marine Industrial Lighting Systems was formed in 1999 and one of its Panamanian projects includes explosion proof submersible floodlights for the Panama Canal.

Panama will be expanding its strategic canal route which connects the Atlantic and the Pacific. This project is valued at over $5 billion and will provide Canadian companies significant opportunities in a wide spectrum of goods and services. The expansion of the canal will allow for increased container traffic, some of which will access ports in Atlantic Canada.

As with Canada's other free trade agreements, Chile, Costa Rica, NAFTA and Jordan, there are side agreements on labour co-operation and the environment.

The Canada-Panama agreement on labour co-operation recognizes the obligations of both countries under the International Labour Organization Declaration on Fundamental Principles and Rights at Work. It requires that each country ensure its domestic laws, regulations and practices protect fundamental labour principles and rights at work.

The Canada-Panama environment agreement would allow any person who resides in either country to request an investigation of alleged violations of that country's environmental laws.

This free trade agreement contains sufficient protections for labour and the environment, ensuring that they are not compromised for the sake of trade.

As for the future, Canada needs to focus on emerging markets, Panama and the Americas, as well as India, China, Russia and Brazil. We must do so with haste and ensure more available markets for Canada's goods and services.

I hope my colleagues in the House will join me in supporting Bill C-46 so Canadian business and the people of Canada and Panama can benefit from freer, more open trade.

Canada-Panama Free Trade ActGovernment Orders

February 7th, 2011 / 1:20 p.m.
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NDP

Wayne Marston NDP Hamilton East—Stoney Creek, ON

Mr. Speaker, I am pleased to stand today to speak on behalf of my party to Bill C-46.

I commend the member for Hamilton Mountain on her intervention. It struck me, as she was answering questions, that the Liberal member stood in the House and basically said that it was trade at all costs. The reality for our country is that human rights and labour laws are the defining set of principles. To hear that kind of intervention from a party that proclaims human rights struck me as strange. It is not trade at all costs. As the member just indicated, our trade with Panama is around $100 million. That is an awfully cheap price to give up on the rights that Canadians believe so much in.

I want to go through a bit of the chronology on this bill. The Conservative government concluded the negotiations in August 2009. This agreement, by the way, as has been indicated by previous speakers, is very similar to the one with Colombia. We, of course, opposed the Colombia free trade agreement for weeks on end in the House because we felt that it was beneath Canada's dignity to be signing a free trade agreement with such a reprehensible government.

This agreement was signed May 14, 2010. On the same day, the government tabled side agreements in the House on Bill C-46. The NDP is opposing this bill for a number of reasons. In committee, compelling testimony was heard from witnesses regarding the tax haven situation in the Republic of Panama, as well as the poor record of labour relations in the country.

The previous speaker from the NDP, our labour critic, talked about the lack of labour rights in Panama. The member for Burnaby—New Westminster moved motions and amendments in committee that would have addressed some of the glaring failures in this agreement. Sadly, the record will show that they were opposed by the Conservatives and supported by the Liberals.

We do have issues with the free trade agreement. For example, despite requests from the Canadian government, Panama has refused to sign a tax information exchange agreement. This is very troubling considering the large amount of money that is being laundered in Panama, including money from drug trafficking, similar to Colombia. Panama's complete lack of taxation transparency has led the OECD to label the nation as a tax haven.

Just before the clause by clause review of Bill C-46, the member for Burnaby—Douglas proposed a motion to the committee that would have stopped the implementation of the Canada-Panama agreement until Panama agreed to sign a tax information exchange agreement. Again, his motion was defeated by the Conservatives and the Liberals who argued that the double taxation agreement Panama had agreed to was satisfactory. We do not agree. Unfortunately, the double taxation agreement only tracks legal income, while tax information exchange agreements will track all income, including money made through illegal means. That was as proposed by the member for Burnaby—New Westminster.

Considering Panama's history and reputation on such matters, it should be clear as to why such an agreement is necessary before signing the deal. Again, we hit a roadblock with both the Liberals and Conservatives on that point.

Subsequently, during the clause by clause review, the member for Burnaby—New Westminster proposed nothing less than 11 amendments that would have made progressive changes to the bill. These amendments included the addition of the crucial concepts of sustainable development and investment, a requirement for taxation transparency and provisions, and to corporate in the bill the protection of labour rights, including the right to free collective bargaining.

Other amendments would have required the Minister of International Trade to consult with labour and trade unions, as well as work with human rights experts and organizations in order to create impact assessments for the trade agreement. It is one thing to sign these agreements but it is quite another thing to follow up and see what the impacts have been on both the country we sign with and in our own industries and businesses that are part of the agreement.

A final amendment would have required Parliament to vote to extend the provisions of the act beyond the first year. All of these amendments, once again, hit that same wall and were voted down by the Conservatives with the help of the Liberals.

The committee heard testimony from Todd Tucker of the Public Citizens Global Trade Watch. Mr. Tucker made a very compelling case when he said that Panama was one of the world's worst tax havens and that the Panamanian government had intentionally allowed the nation to become that tax haven. Obviously there are benefits for a government seen in such a thing.

To summarize Mr. Tucker's testimony, he said that the tax haven situation in Panama was not improving under the current government nor under the conditions today in Panama. In addition, a trade agreement with Canada, in his opinion, would worsen the problem and could cause harm to both Panama and Canada.

Another major issue for myself as a former labour leader is the status of labour rights in Panama and the complete failure of this trade agreement because these are pending agreements. They are like letters of intent in a collective agreement that have no legal weight. These side agreements on labour rights fall far short of what is needed.

Two of the amendments put forth in committee by the member for Burnaby—New Westminster would have protected trade union workers in Panama. The member for Hamilton Mountain made a point a few minutes ago regarding Bill C-300, as well as labour rights. Why would we sign an agreement with a country and not demand, as part of that agreement, equal rights in that country to the rights we have here in Canada. As the principal representative of Canada on the joint Canada-Panama commission, the minister should have consulted on a regular basis with representatives of Canadian labour and from trade unions both here and in Panama.

Like all other amendments, those amendments were also defeated by the Conservatives with their friends the Liberals. Unfortunately, this creates a free trade zone that belittles the rights of labour, a serious problem that is already prevalent in Panama.

Teresa Healy of the Canadian Labour Congress spoke to the committee studying the bill regarding the agreement. She testified that while the ILO's, the International Labour Organization, core labour standards had been invoked in the agreement, the agreement was still weaker than it should be. As well, the current Panamanian government has been increasingly harsh on labour unions and workers in recent years.

In addition, two amendments regarding definitions were proposed by the member for Burnaby—New Westminster. By the end of the day, people will know the member for Burnaby—New Westminster who sits on this committee for our party.

The first amendment was with regard to sustainable development. The member for Nanaimo—Cowichan spoke a few moments ago in debate on this. The amendment would define sustainable development as development that meets the needs of the present without compromising the ability of future generations to meet their own needs, as set out in the Brundtland report, published by the World Commission on Environment and Development.

The second amendment was with regard to the definition of sustainable investment. The amendment would have defined sustainable investment as investment that seeks to maximize social good as well as financial return. Again, that is a principle in this country of Canada that we should be sharing with any other countries with which we have agreements, specifically in areas of environment, social justice and corporate governance, in accordance with the United Nations principles for responsible investment.

In addition to those issues with the Canada Panama free trade agreement specifically, there is also the fact that this agreement is just another step in the massively flawed Canada-U.S. strategy of pushing serial bilateralism in the form of NAFTA-style free trade agreements.

The NDP prefers a multilateral approach based on a fair and sustainable trade model. Bilateral trade deals amount to protectionist trade deals since they give preferential treatment to few partners and exclude the rest. This puts weaker countries in a position of inferiority vis-à-vis larger partners. A multilateral trade model avoids these issues while protecting human rights and the environment.

Canada-Panama Free Trade ActGovernment Orders

February 7th, 2011 / 1:05 p.m.
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NDP

Chris Charlton NDP Hamilton Mountain, ON

Mr. Speaker, I am delighted to rise in the House again today to speak to Bill C-46, which seeks to implement the Canada-Panama free trade agreement.

I say “again” because I have previously had the opportunity to speak at length on this bill at second reading. At that time, I focused my comments predominantly on three areas: labour issues; the fair trade movement as opposed to the free trade movement; and, of course, the serious implications of signing a free trade agreement with a tax haven, a free port or free zone, such as Panama, which is a country of convenience.

While I may get back to some of those seminal issues later if time permits, I want to focus today on environmental concerns and the very serious cautions we received in committee about signing a trade agreement with a country that many suggest is a safe haven for international crime.

Let me begin with the latter first.

Alain Deneault, who is a sociologist at the Université du Québec à Montréal, gave a succinct presentation at the Standing Committee on International Trade that summarized much of the prevailing thought and evidence about criminal activities in Panama and how those activities threaten to permeate Canadian jurisdictions if the implementation of this free trade agreement proceeds as planned.

Let me remind members of some of the most salient points.

A number of criminologists consider Panama to be a hub for money laundering, with a link to international drug trafficking, because of the Colon Free Zone. Patrice Meyzonnier, the chief commissioner at the headquarters of France's judicial police, talks in his book about a state involved in drug trafficking and the laundering of a good chunk of the world's dirty money. He says that Panama plays a bridging role between the south and north, from Colombia to the United States.

The criminal activity in the Colon Free Zone takes place mainly in the hotel industry, and via fictitious commercial spaces and fictitious rents.

It is actually a whole economy of money laundering that is corroborated in another book by Marie-Christine Dupuis-Danon of the United Nations Office on Drugs and Crime. She states:

Drug traffickers capitalize on the benefits associated with free zones like the one near Colon in Panama. This zone actually fosters the movement of goods and cash, with little surveillance from the authorities. There are no fewer than 1,890 companies generating a total of $5 billion annually in re-export activities. By definition, there are no customs duties on the operations carried out in the Colon Free Zone. As a result, the authorities are not able to enforce the regulations that are in effect in the rest of the country, including the declaration of sums over $10,000. Drug traffickers buy goods and resell them for cash with a 20 to 30% discount to the dealers in the free port. So they deposit their pesos in banks in the free zone and transfer their funds to their regular accounts in Colombia.

Dupuis-Danon's findings are corroborated by Alain Delpirou and Eduardo MacKenzie in their book, The Criminal Cartels. They stress that cocaine and heroine trafficking is a major industry in the region and that it becomes an even greater problem because the free port of Colon has direct access to an uncontrolled zone in Colombia.

Finally, Mr. Deneault reminded us that Thierry Cretin, a former French judge who worked for the European Anti-Fraud Office, has published accounts that clearly demonstrate that the Colombian and Mexican mafias are very active in Canada while also very present in Panama. It seems hard to believe that we as legislators would vote in favour of anything that would make our country an even more porous jurisdiction for organized crime.

At a minimum, I would have thought that such mounting evidence from impeccable sources would have given the government pause for thought. I would have hoped that it would have caused the government to exercise extreme caution and that it would have reconsidered entering into a free trade agreement with this particular jurisdiction.

In passing, does it not strike others in this chamber as more than passing strange that this deal is being made by a Conservative government that is desperately trying to sell itself as being tough on crime? Does it even understand what it really takes to fight crime? Let me tell the members that it takes a lot more than a catchy slogan to get the job done.

If we want to get at organized crime, then we have to get at the money. By allowing Panama to continue to be a tax haven it is easy for corporations to register there and it makes it easy to launder money via Panama. In essence, Panama is being allowed to facilitate the operations of organized crime syndicates, along with the drug trafficking and human trafficking that go along with them. The Canadian government is essentially condoning those activities when it enters into a bilateral trade agreement with no strings attached.

Clearly, that should never happen. My NDP colleagues and I are doing everything in our power to ensure that it does not happen. That is why we are here today debating the four amendments that we have introduced to Bill C-46.

The four motions are as follows. The first motion is to eliminate clause 7 that outlines the purpose of the bill. The second motion is to eliminate the clause designating that the minister is the representative of Canada. The third motion is to eliminate clause 12 that lays out the minister's authorized activities in his role. The last one is to eliminate the final clause, the coming into force clause stating when the bill would become law.

Together these four motions essentially gut the bill, giving the government an opportunity to rethink its approach to international trade. We certainly would not be the only jurisdiction to take that opportunity. When the debate began in this House on the Canada-Panama free trade agreement, we were told over and over again that it must be okay to proceed because the Americans were forging ahead with a similar agreement.

Well, the air has certainly gone out of that balloon, because not only have the Americans not passed that agreement, but no fewer than 54 United States congressmen have now demanded that President Obama forgo the agreement until Panama has signed the tax information exchange treaties.

Those treaties are the first step to putting an end to the tax havens that facilitate money laundering, and the Americans got it right: sign the treaties first and then negotiate.

In Canada, the Conservatives and Liberals are operating on a wing and a prayer. They would implement the free trade agreement and then use moral suasion to get the Panamanians to do the right thing. It is not going to work; others have tried and failed, and we should have learned our lesson.

I see that I only have a couple of minutes left to conclude my comments here today, and I really did want to focus on the environment as well, since I did not have an opportunity to do that in my last intervention. I will try to be brief.

First, let me acknowledge that MiningWatch Canada was absolutely right when it pointed out in its submission to the committee that the environmental impact of this FTA is impossible to gauge because it has not been made public, as it was supposed to be after the signing of the trade agreement.

The report that is publicly available on the initial environmental assessment is almost completely devoid of meaningful content. The one thing it does acknowledge, however, is that:

The main effect is likely to be greater protection for existing Canadian investment in Panama.

There it is in a nutshell. This agreement is all about protecting investments while ignoring the environmental implications of that protection. There is absolutely no attempt to frame any aspect of this agreement in terms of sustainable development.

This will be of huge concern to both environmentalists and to all of those Canadians who were actively engaged in the campaign on corporate social responsibility. As the bill on CSR was recently defeated in this House by Conservatives and Liberals, I guess I should not be surprised that this free trade agreement will be passed by the same coalition.

Nonetheless, let us be clear about what is happening in Panama. Examples of Canadian mining projects in Panama include the proposed Cobre Panama open pit copper project by Inmet Mining on the Petaquilla concession, west of Panama City, which is forecast to deforest 5,900 hectares of what is mostly primary rainforest in the middle of the Mesoamerican biological corridor; the controversial Molejón gold mine project of Petaquilla Minerals, which is repeatedly accused by nearby communities of deforestation and contaminating local rivers, and was fined almost $2 million for environmental violations; and Corriente Resources' illegal activity in the Ngöbe-Buglé indigenous territory, trying to overcome community opposition to a huge open pit copper mine project so the company can first obtain and then sell the property to a larger mining company for development.

This free trade agreement will only increase such Canadian investments, yet we know that environmental protection and legal enforcement and compliance in general in Panama are notoriously weak, even within the framework of existing laws and regulations. Why would we enter into a trade agreement that will end up protecting mining investments that are taking advantage of lax governance and the resulting low cost operating environment, and allow Canadian corporations to undertake projects that would never be approved in Canada, or any other country for that matter, without more stringent controls?

In a global economy, we must take global responsibility. That means that we must vote against the Canada-Panama free trade agreement.

Canada-Panama Free Trade ActGovernment Orders

February 7th, 2011 / 12:50 p.m.
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Liberal

Judy Sgro Liberal York West, ON

Mr. Speaker, I am pleased to add my voice to the debate concerning Bill C-46.

As has already been said by many of my colleagues in the House, if passed by Parliament, Bill C-46 would implement a free trade agreement, an agreement on labour co-operation and an environmental accord between Canada and the Republic of Panama.

I share many of the positive comments that have already been made during the debate. Canada is after all a trading nation that has, for the past 30 years, maintained a trade surplus with our global neighbours and our competitors, or at least that was the case until now.

Canada is still a nation on which 80% of our economy is trade-dependent, but despite the lofty trade talk, the Conservative government has presided over a tremendous decline in our national trade advantage. Now, for the first time in more than a generation Canada is in a trade deficit situation.

That is right, the nation that was created and has since maintained itself by trading with our neighbours is importing more than we are selling globally. This new dependency must concern all of us. It is disappointing to me, but for Canadian farmers, manufacturers, and other exporters of Canadian goods and expertise, this is simply a disaster.

As members can imagine, I am pleased to see that the government is starting to focus its attention on trade matters, even if I would rather have seen that focus be on larger, more robust and growing markets, markets that could provide a greater growth potential for Canadian goods and labour expansion.

I want to be clear, I am not suggesting that Panama is not worth the effort; just the opposite. Canada and Panama had more than $132 million worth of bilateral trade in 2009 alone. Then, despite the recession in 2010, Panama's GDP grew by just over 5%. Put another way, while Panama's market potential for trade is relatively small, it is moving in the right direction.

In contrast to the Conservative approach to trade, when the Liberals devised the team Canada approach to opening new trading opportunities, we set our focus on much larger markets, such as the U.S., China, the U.K., the Netherlands and Italy. I suppose the difference is that the Liberals were confident that Canada could and should compete at the highest levels on the global stage, while Conservatives continue to concern themselves with smaller, short-terms goals.

That was then and this is now, so I need to be thankful for smaller steps. With this in mind, I want to congratulate the Minister of International Trade for his efforts to make this agreement possible.

What does this agreement actually do for Canada and for the people of Panama? Right now, Panama levies tariffs on Canadian agricultural products in the range of 13% to 260%. That means that Canadian agricultural products such as pulses, frozen potatoes, processed foods and beef are taxed in a way that makes them uncompetitive when directly compared with some of our Panamanian goods. We clearly know that our agricultural community continues to be under fire and under huge stress, and we need to do everything we can to decrease those problems.

As an example, a bushel of soybeans that would sell for $13.98 in Canada would face a tax in Panama of 47%, or $6.57. With that extra taxation, that bushel would cost $20.55 to a further processor in Panama. That is unfair for our marketplace and unfair for our agricultural industry. This means Panamanians would be more apt to buy Panamanian produced goods when given that choice rather than pay the premium for a top notch Canadian product, understood by all of us.

The agreement would put an end to that artificially prompted competitive disadvantage for our farmers and it would allow Canadian farmers to start to compete on a level playing field, something they have consistently proven their ability to do effectively in many other jurisdictions.

On non-agricultural goods, Panama currently maintains an average-applied tariff of between 6.2% and 81%.

The passage of Bill C-46 means that Canadian fish, construction materials, paper products, and vehicle and auto parts will no longer face this kind of harmful taxation. Again, this kind of tariff reduction means that Canadian industry will have the option of opening and exploring Panama's market potential from a position of strength rather than one of initial economic disadvantage.

In return, Canada will eliminate almost all tariffs on currently imported Panamanian goods. This deal will allow the market to sort out which industry is the most competitive and which products are of the greatest quality and desire to consumers. As I look back on history, I have every confidence that when competing on a level playing field, Canadian farmers, anglers, manufacturers, and paper workers will create success and generate tremendous wealth for their respective industries.

I should also mention that this Canada–Panama free trade deal would seek to address non-tariff trade barriers to further help ensure non-discriminatory treatment of imported goods. While each of these things represent positive advantages, I would be remiss if I focused only on trade and not on the labour portions of the agreement which continue to be of enormous concern to me and others. This is especially important given the refurbishing and expansion of the Panama Canal, which is expected to be completed by 2014.

As with some of the other trade deals that Canada has signed, this agreement includes a side agreement on labour co-operation and the environment. The Canada–Panama agreement on labour co-operation recognizes the obligation of both countries under the International Labour Organization's Declaration on Fundamental Principles and Rights at Work, which requires that each country ensure that their domestic laws, regulations, and practices protect fundamental labour principles and rights at work.

Specifically, this includes: 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. These are extremely important issues when we are talking about free trade. As a former minister of citizenship and immigration, I think these are important elements of any free trade deal.

While free trade agreements are most certainly economic devices, the Liberals have long viewed trade and engagement as important instruments of social advancement and human rights promotion. When a nation exists in isolation, there is little regard for these fundamental freedoms and rights. However, once a country becomes part of the greater community of nations, there is an imposition of a greater social responsibility.

Sometimes I wonder which comes first. Clearly, this is the avenue we are pursuing, but monitoring these issues must be of high importance to Canada.

Canada has been a trading nation since it was opened by the coureurs de bois in the 17th century. Our native people traded for all items they could not produce themselves. Generations of Canadians have exported our products and ideas to the entire world. Canadian expertise has been responsible for countless global advances, but it has also helped this nation in ways those first coureurs de bois could never have imagined.

Today, Canada is the 11th largest trader on the planet, ranking well ahead of countries such as Spain, Russia, Mexico, India, and Australia. Our international commerce amounts to more than $600 billion annually, and more than 80% of our economy is directly dependent upon trade and commerce with others. Indeed, to say that Canada is a trading nation would be a tremendous understatement, and it is for this reason that I am pleased to support Bill C-46.

Canada-Panama Free Trade ActGovernment Orders

February 7th, 2011 / 12:35 p.m.
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NDP

Dennis Bevington NDP Western Arctic, NT

Mr. Speaker, I rise to speak to Bill C-46 at report stage.

My opinion on the bill has not changed over the course of time of it being in committee. In fact, many of the things presented in committee spoke very strongly against the nature of the bill and against the bilateral free trade agreement with a country like Panama.

Panama along with Colombia are two countries that the Conservative government has decided, in its wisdom, to pursue free trade agreements with and have brought them forward in this Parliament. Neither of these countries is appropriate for free trade deals with Canada.

Clearly Colombia had so many human rights violations that the nature of our protection for those human rights issues, which we hold so strongly in Canada, were simply not there.

In the case of Panama, quite clearly there are human rights issues, but more overwhelmingly are the issues surrounding the nature of the Panamanian business community. That has been brought forward, in great detail, to Parliament through our work, through the work of some of the other parties and through the witnesses at committee and clearly this is not a nation that holds the same level of integrity and honesty within its corporate structures as we do in Canada.

To enter into this free trade agreement, pushing investment with Panama is like injecting more poison into our system. Our system may falter because of the opportunities that exist in this.

Free trade agreements need careful scrutiny, and we have been calling for that. Careful benefit scrutiny, net benefit analysis should take place on any free trade deal with any country in the world. I know we are negotiating a number of those, so there should be work put into that.

Take for instance the much wanted European free trade agreement. Many holes are showing up in that deal already. For instance, today there is a report coming out that indicates Canadian drug costs, drug costs that are directly related to government costs, are going to go up substantially if we go ahead with the European free trade deal as outlined, with the provisions in which the Europeans are most interested.

The opportunity to use generic drugs will be made more difficult. That difficulty is estimated to cost us in the order of $1.5 billion to $2 billion a year. Where does that come from? From the pockets of Canadian taxpayers. What benefits do we get from that? By going along with the Europeans on that, the net total investment in new research and development would be in the order of $400 million.

With the effect of marginal tax rate for corporations in this country of 18%, how much improvement to the economy has to go ahead to make up the difference of $2 billion to the taxpayers? There are no answers for that. No analysis has been done. That directly affects our federal government and all the provinces as well.

There was a curious reception that I went to the other night with the Japanese automotive association. There were opportunities for speeches. The Minister of International Trade made a fine speech about his total belief in free trade, the need to sign these agreements and to work on these things. That was fine. I accept that as his position.

However, the president of the Japanese automotive association said that the European free trade deal was not the panacea for the association, that it would lose on the deal if we signed with Europe.

Let us look at the Japanese automotive industry, one of the clear winners for Canada in the last decade with the setting up of new plants. Of the total number of vehicles produced, most are exported to the United States. Not only are the Japanese in Canada, probably because of our good conditions and public health care, but their product is part of our export development in manufacturing, which everyone in the chamber must understand is very weak on every other front.

The people who are doing a successful job for us in manufacturing automobiles and exporting to the United States are saying that we should look at the provisions of the European free trade deal. Quite clearly, we have to look at trade deals very carefully in this new world. This is not the old world of the 1980s and 1990s when the free trade mantra was something that no one could resist, that no political party was able to completely ignore, that no political party of the right was able to say anything other than it agreed.

Let me get back to the free trade deal with Panama. It is not really a free trade deal. This is about investment. This is about Canadian companies investing their profits in Panama, perhaps on the new expansion of the Panama Canal or a number of other areas. That is what is going to happen. Investors will be taking the money they make in Canada and investing it in another country.

What about agriculture? Riots are going on around the world right now over the price of agricultural products. Canada could do much better. A previous member spoke of pulses, the consortium of producers of lentils, peas and beans. I had an opportunity to speak with those people and they are not concerned about free trade. They are concerned about our railways that do not give them a proper deal on service. They have much more difficulty getting their products to the Canadian ports for export to the world market for produce that is ever-expanding and where the prices of products are going up.

When we talk about agriculture, we are talking about something that is going to be in great demand. When we think about agriculture in terms of free trade, what we should be thinking about is how to protect and enhance our agricultural capacity in our country. This is the way to deal with that.

What is Canada's trade? So much of it is energy and raw resources, the things the world needs, not what it wants. The world wants produced products, but it needs raw products and Canada is in a good position to provide those raw products. We do not want to sell them too cheap or give them away. We want to ensure that our children and grandchildren are well protected in our resources going forward. When we sign free trade deals with countries and say that we must give our resources in a fashion that we do not dictate anymore, we are giving up something, but what are we getting in return?

Let us talk about border security. A big issue right now is that the thickened border has slowed down free trade to the United States. That is nonsense. Trade since 9/11 to the United States has gone up consistently until 2008 when there was a recession and the value of the Canadian dollar accelerated. Those two factors hit our trade very hard with the United States. It went down from about $350 billion to about $100 billion, but it had nothing to do with free trade. It had to do with currency and our ability to deal with our own issues.

As for the currency, we do not have the opportunity to do like the Liberals did in 1993 and lower the interest rate because we are already at rock bottom. We are in a bind. What can we do, quantitative easing? What do we do to improve our currency position vis-à-vis the United States? That is the problem we have with trade with the United States.

Canada-Panama Free Trade ActGovernment Orders

February 7th, 2011 / 12:25 p.m.
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Liberal

Yasmin Ratansi Liberal Don Valley East, 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.

As has been mentioned, Canada is a trading nation. In the global economy, it is important to get preferential agreements with countries, which is beneficial to both partners. We have seen the impact of relying too heavily on one trading partner. We have seen the government's lack of action on increasing U.S. protectionism and its failure to seize trade opportunities in China, South Korea and other countries.

The Conservative government's mismanagement of Canada's trade relations has led to the first trade deficit we have seen in over 30 years. The trade deficit record last July was $2.7 billion. Therefore, it is important that as a country we need to increase our efforts and our engagement in order to improve the economic situation, increase international trade, and help the Canadian economy.

Canada has always supported free trade. Our origins are that of a trading nation, having started with fur, wood, and other natural resources. The portion of our economic activity attributed to trade is greater than that of most other nations. Indeed, approximately 80% of our economy and millions of Canadian jobs depend upon trade and our ability to access foreign markets. We are, after all, a very small country. Our population is 32 million which, one day the U.S. ambassador told me, could fit into the State of California. Taking that perspective, we need to ensure that we make agreements that are based in the interests of Canada.

If a free trade agreement is negotiated properly, Canadian exporters benefit from the reduction and elimination of tariffs on their goods destined for other countries. Canadian manufacturers benefit from the reduction and elimination of tariffs at the Canadian border on the various materials that go into their products. Canadian consumers benefit from lower prices of imported goods when tariffs on these goods are reduced or eliminated.

I think it is important to note that people do look at the best return on their investment, and everyone is an economical shopper. In this global age, where we are exposed to just about any goods and services, it is important that when we make deals we are able to ensure a better deal for Canada.

We have heard the debate on protectionism and what steps could best promote Canadian business success and generate Canadian jobs. However, most Canadian businesses that serve domestic markets do benefit from free trade because they are forced to innovate and compete with others from abroad, provided that those abroad comply with international rules on trade, tariffs and non-tariff barriers. In the long run, Canadian businesses are more than capable of being strong, innovative, and competitive without hiding behind protectionist walls.

We know that when we are promoting trade in our green technology, as we have seen in examples such RIM et cetera, we need to be strategic and smart because we live in a global village. In that village, everyone knows what the prices are. We could go on eBay and get things from Australia that could be cheaper than what we could get in Canada. This makes businesses innovate, so they can compete in the global market.

The Liberal Party has always supported economic growth through proper free trade agreements. It also supports any initiatives that will improve access to foreign markets for Canadian businesses. It is important to note that we cannot rely heavily on one trading partner because, as was said, when the elephant rolls over, it is the poor mouse sitting next to it that might get hurt. It is important for us to be careful when we are negotiating but ensuring ensure there is freer trade with far more nations, rather than relying heavily on one partner.

Although Panama has a small economy and Canada's existing trade with that country is relatively limited, there are opportunities for Canadian businesses.

The expansion of the Panama Canal is currently underway and it is slated to be completed by 2014 at a projected cost of $5.3 billion. That is an interesting sum of money. The expansion is expected to generate opportunities for Canadian companies in such areas as infrastructure and construction, as well as environmental, heavy engineering and consulting services. In the area of capital projects, opportunities will be generated in human capital development and construction materials.

Like the free trade agreements between Canada and Chile and Costa Rica, the North American free trade agreement, and the free trade agreement between Jordan, the Canada-Panama free trade agreement includes side agreements on labour co-operation and the environment. These are important aspects of the agreement.

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. Both countries are required to ensure that laws, regulations and national practises 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 both include complaints and dispute resolution processes that enable members of the public to request an investigation into the perceived failures of Canada or Panama to comply with these agreements.

The free trade agreement with Panama is another opportunity to increase access to more markets for Canadian farmers and businesses. As was pointed out, our farmers need access to more markets. We are a small country and our farmers need to be competitive and innovative. This agreement will give them access.

Panama is a relatively small economy. In 2009 we exported $90 million in goods to that country, which is not as large as some trading partners. It is, however, a stable country which has made significant progress in recent years in terms of development and democracy. Canada is well placed to continue to encourage that.

In spite of the global economic downturn, Panama's GDP grew to 10.7% in 2008, one of the highest in the Americas, and is forecast at 5.6% for 2010. In 2009, bilateral trade between the two countries totalled $132.1 million. Canadian exports made up $91.4 million and $40.7 million in imports.

In the merchandise area, exports to Panama include: machinery, vehicles, electronic equipment, pharmaceutical equipment, pulses and frozen potato products. In the area of service, Canadian exports include: engineering, information and communications technology.

Under the agreement Canada will eliminate over 99% of its tariffs on imports from Panama.

It is important to note that there is no debate here over the issue of human rights. As members of Parliament we may be concerned about it, but we defer on what approaches to take, whether it is through trade, opening up doors, or through the wagging of fingers. Wagging fingers is not a good idea. When I was in India, we discussed what Canada could export, and the first thing I was told was pluralism.

As the government is focusing on creating free trade agreements with other countries, it also needs to look at creating free trade agreements within provinces.

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.

Canada-Panama Free Trade ActGovernment Orders

February 3rd, 2011 / 4:25 p.m.
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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.

November 29th, 2010 / 5:05 p.m.
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President, Canadian Association of Importers and Exporters

Joy Nott

Let me start off by saying that I, personally, am not an income tax expert. As an association, we advocate on behalf of our members with respect to international trade topics that are more in line with the actual trading of commodities and services as opposed to income tax.

I don't know. I haven't read all the minutes from previous witnesses. But I'm sure there could be other associations that could more appropriately answer the specific tax question.

On the trading of commodities and services question, and putting the tax question aside, the tax information exchange agreement I was talking about is currently being discussed between the United States and Panama, not Canada and Panama, that I'm aware of.

Again, at this conference I was at, Secretary Locke seemed to feel it was an important step forward. He publicly stated that they were interested in looking at a free trade agreement. That is the context in which I put forward those comments, as opposed to any income tax.

Relative to the position our association takes on behalf of our members, we don't look at income tax issues. Based on the free trade of commodities and services, and strictly within that forum, we do support Bill C-46.

November 29th, 2010 / 4:45 p.m.
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Carlo Dade Executive Director, Canadian Foundation for the Americas (FOCAL)

Thank you, Mr. Chairman.

It's a pleasure to be here again before the members of this committee. This time, I'm here with two FOCAL researchers.

We will all be happy to answer questions about our brief, which we have prepared and sent to you, in support of Bill C-46.

Just let me note that our presentation will be a little bit different from some of the others you've seen. You've had a great deal of information on specifics of the agreement. We'd like to step back and look at context for the agreement, where it fits in, and why it's important for Canada.

As you know, we've engaged in this country in a process of--

November 29th, 2010 / 4:40 p.m.
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Joy Nott President, Canadian Association of Importers and Exporters

Thank you very much, Mr. Chair and members of the committee.

My name is Joy Nott, and I'm the president of I.E.Canada, the Canadian Association of Importers and Exporters. With me today is Carol Osmond, our vice-president of policy. We'd like to thank you for the opportunity to appear here today to express our support for Bill C-46, the Canada-Panama free trade agreement.

With respect to who we are, I.E.Canada has been a leading voice in the trade community since 1932. Our members consist of small, medium, and large enterprises from across Canada. Our membership is made up of manufacturers, importers, exporters, wholesalers, distributors, and service providers to the trade community in a broad range of industry sectors, including professional services firms, such as legal and accounting firms, customs brokers, and transportation companies.

I.E.Canada was formed as the Canadian Importers and Traders Association, in 1932, in the face of a resurgence in tariff barriers and protectionism at that time. While a significant percentage of our members continue to describe themselves primarily as importers, an even larger percentage are both importers and exporters. Our current membership is reflective of today's reality.

Global business has become ever more integrated as companies around the world strive to remain competitive and productive. Traders at home and abroad are constantly seeking new, cost-effective sources of supply, whether it be finished goods for sale to consumers or parts and components for their manufacturing operations.

Canadian consumers benefit from greater choice of products and lower prices, while our manufacturers are able to remain competitive as they search for new and emerging markets for their products. As an association representing both importers and exporters, I.E.Canada is an advocate for liberalized trade as well as trade facilitation. We also aim to provide businesses with information and tools they need to remain competitive internationally.

I.E.Canada and its members support the Canada-Panama free trade agreement and the speedy passage of Bill C-46. While Panama is a relatively small market overall for Canadian exports, as others have testified before this committee, for individual companies or sectors, Panama is a significant market and promises to be an even more important one with the implementation of this free trade agreement.

Panama's economy is primarily service-driven. It is also one of the fastest growing economies in Latin America. As such, it presents opportunities for Canadian exporters. For example, with the current construction boom in Canada, the Canada Mortgage and Housing Corporation and Export Development Canada are both bullish about opportunities for Canadian suppliers of building products. Large infrastructure projects, such as the Panama Canal expansion project, investments in the Panama-Pacific special economic area at the former Howard air force base and in tourism projects, and the demand for residential housing, fueled by rising incomes, creates demand for a broad range of quality building products, most of which will be imported.

As you know, SNC Lavalin and its partners were recently awarded a major engineering contract by the Minera Panama S.A., a wholly owned subsidiary of Inmet Mining Corp. of Canada, for the development of a copper mining project in Panama. This project will also provide opportunities for Canadian exporters of building materials as well as mining equipment.

Of course, the Canada-Panama free trade agreement is but one element of a broader strategy to promote trade between Canada and Latin America and to diversify Canada's export markets. We were pleased to see, for example, the passage of legislation to implement the Canada-Peru Free Trade Agreement during the last session of Parliament and the Canada-Columbia Free Trade Agreement during this session. Given Panama's strategic location, it can serve as a jumping off point for Canadian companies wishing to access markets throughout Latin America.

Recent economic events in the United States have served to remind us, in a dramatic fashion, of the need to diversify our export markets in Latin America and elsewhere and that we need to reduce our economic dependence on our neighbour to the south. By implementing a free trade agreement with Panama in advance of the United States, we also have the opportunity to give Canadians a head start to possibly capture market share from their U.S. competitors. However, that window of opportunity may be closing. It was recently reported that the United States and Panama are about to sign a tax information exchange agreement that could pave the way for congressional approval for the U.S.-Panama free trade agreement in the United States.

The signing of a free trade agreement is not simply about reducing duties and lowering trade barriers. It immediately raises the profile of each party to the agreement of the other's country. It also fosters closer ties between the governments and between their respective business communities and citizens. At the same time, signing the agreement and passing the necessary implementing legislation by itself is not enough. To ensure that Canadians fully benefit from this and similar agreements, the government, working with the private sector, must promote opportunities to Canadian companies through information and outreach sessions, trade missions, and other similar activities. We view the recent opening of an office in Panama by Export Development Canada as an important step in that direction.

In summary, I.E.Canada and its members support the Canada-Panama free trade agreement, and we urge members of Parliament to proceed quickly with the passage of Bill C-46.

On behalf of the members of I.E. Canada, we would also like to thank you for the opportunity to appear here today, and we would be pleased to respond to your questions when appropriate.

Thank you.

November 29th, 2010 / 4:40 p.m.
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Conservative

The Chair Conservative Lee Richardson

Ladies and gentlemen, we will resume our discussion 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 our next witnesses we have two groups, and I'm sorry we don't have more time, but we will get to them immediately.

From the Canadian Association of Importers and Exporters, Joy Nott is the president--welcome--and Carol Osmond is the vice-president of policy.

From the Canadian Foundation for the Americas, FOCAL, we have with us again Carlo Dade, the executive director--it's a pleasure to have you back--and researchers Marina Connors and Mark Richards joining Mr. Dade.

I'm sure you're all well aware of the format, so I'm going to let you begin.

I'm going to start with Ms. Nott, if you'd like to have an opening statement.

November 17th, 2010 / 4:50 p.m.
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Richard Montroy Deputy Assistant Commissioner, Compliance Programs Branch, Canada Revenue Agency

Thank you for inviting the Canada Revenue Agency to appear before this committee on the subject of Bill C-46.

My name is Richard Montroy. I am the deputy assistant commissioner for the compliance programs branch in the Canada Revenue Agency. With me today are Mr. Brian McCauley, the assistant commissioner of the legislative policy and regulatory affairs branch, and Monsieur François Ranger, acting director general of the international tax directorate in my branch.

In the interest of time, I will keep my opening remarks very brief.

On the legislation that is before you for consideration, the role of the Canada Revenue Agency is to administer the policy and legal framework established by the Department of Finance. We do this by employing a balanced approach to compliance that includes service, outreach, and enforcement activities.

We undertake examinations, audits, and investigations at the domestic and international level. We also administer the provisions of international tax agreements. The CRA collaborates with other tax administrations to address areas of common interest.

We work with the Organisation for Economic Co-operation and Development and Canada's tax treaty partners to advance common understanding and approach to tax issues. The exchange of information through tax treaties or tax information exchange agreements is paramount in detecting and deterring international tax evasion and avoidance.

My colleagues and I will be pleased to answer any questions you have today.

Thank you.

November 17th, 2010 / 4:30 p.m.
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Conservative

The Chair Conservative Lee Richardson

We shall resume.

Thank you, ladies and gentlemen.

We're continuing our 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.

To that end we are welcoming witnesses today from the Canada Revenue Agency. Brian McCauley is assistant commissioner, legislative policy and regulatory affairs branch. Richard Montroy is deputy assistant commissioner, compliance programs branch. François Ranger is acting director general, international and large business directorate, compliance programs branch.

From the Public Citizen's Global Trade Watch, we have Todd Tucker, research director.

I'm pleased that Canada Pork International is meeting in Ottawa today. We have the president, Edouard Asnong, with us, and speaking to us today is the assistant executive director, Martin Lavoie.

We'll begin with Monsieur Lavoie from Canada Pork International. We will hear brief opening comments from each of our witnesses and then proceed to questions.

Monsieur Lavoie.

November 17th, 2010 / 3:35 p.m.
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Conservative

The Chair Conservative Lee Richardson

With quorum, we're going to begin.

I have a couple of quick housekeeping items to take care of before we begin. I'll beg the indulgence of our witnesses. They're both used to this, in this case, so that's good.

First, I will ask the committee to consider an operational budget request. This would be for Bill C-46, an act to amend the free trade agreement between Canada and Panama. In the event we have witnesses from across the country, there will be requests for recovery of expenses. I think the clerk has circulated a budget that will contain any need for financing, so we don't have to go back each time.

May I ask someone to move that motion?

Mr. Cannis moves that the committee adopt the motion to provide expenses for witnesses on Bill C-46 to the tune of about $33,000.

(Motion agreed to)

Thank you.

The other one is a quick one. I need authorization for the clerk to purchase gifts for those we will visit in Europe. That is:

That the Standing Committee on International Trade be authorized to purchase up to $600 in gifts to be presented to foreign hosts during the trip to London, United Kingdom; Strasbourg, France; Budapest, Hungary; and Rome, Italy.

Mr. Cannis.

November 3rd, 2010 / 3:40 p.m.
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Conservative

The Chair Conservative Lee Richardson

Welcome.

We will commence. This is meeting 33 of the Standing Committee on International Trade.

Today we are going to start, pursuant to the order of reference, with 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 is the next bill we have to deal with on the order of business. It has been referred from the House to this committee.

We are going to start the review with a briefing from the department. We have a number of officials here who are prepared to respond to any questions members have.

We will have an opening statement from David Plunkett, chief trade negotiator, bilateral and regional, Department of Foreign Affairs and International Trade. Before you start, Mr. Plunkett, I would like to introduce those who are with you today.

From the Department of Foreign Affairs and International Trade we have Jean-Benoit Leblanc, director of trade negotiations, 2 division; and Robert Brookfield, deputy director of market access and trade remedies law division.

Pierre Bouchard is back with us again. He is with the Department of Human Resources and Skills Development. He likes to answer Mr. Julian's questions.

From the Department of Finance we have Alain Castonguay, senior chief, tax treaties, tax policy branch.

Mr. Plunkett, maybe you can provide us with an initial background and opening statement. From there we'll take questions from the members.

Canada-Panama Free Trade ActGovernment Orders

October 26th, 2010 / 6:10 p.m.
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Liberal

The Speaker Liberal Peter Milliken

The House will now proceed to the taking of the deferred recorded division on the previous question at the second reading stage of Bill C-46.

Canada-Panama Free Trade ActGovernment Orders

October 26th, 2010 / 11:20 a.m.
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NDP

Niki Ashton NDP Churchill, MB

Madam Speaker, it is an honour for me to rise in the House today and speak to Bill C-46, Canada-Panama Free Trade Act.

I rise, along with many of my colleagues who have spoken in this House, opposed to this free trade agreement. We have brought forward a critique and recommendations that speak to our concerns about this free trade agreement and about the government approach to bilateral free trade agreements.

I would like to begin with a story that I was witness to just a while ago in my home constituency. I was in The Pas, Manitoba, one of the communities that I represent, at the announcement of federal infrastructure funds that were to be used to help the local pulp and paper mill to develop a more green approach in its production.

There was quite a bit of support for this initiative. While we were sitting and talking about how important this commitment was to the plant and to the community, one of the speeches by a government member referenced the importance of bilateral free trade agreements to Canadians as a whole.

The irony is that the pulp and paper mill we were in is across the street from a lumber mill that has been shut down for a year and a half as a result of the softwood lumber agreement. Some people who were laid off from the lumber plant now work in the pulp and paper plant. This community was hurt a great deal as a result of that shutting down. Many jobs were lost. And the community was saddened by the wholesale export of trees that come from our area only to be processed south of the border or overseas.

Everybody knew that the government did not stand up for the people in my community or the people across Canada who depend on the jobs in the lumber industry. Free trade agreements are not always fair. Some have caused the loss of good-paying jobs and the loss of support for communities all across our country.

The irony is that we are hearing about how these free trade agreements will make Canadians' lives better, when in fact we know that this not the case.

Bilateral free trade agreements usually favour the dominant economy and ultimately facilitate a degree of predatory access to the less powerful economy. This is more apt to happen in bilateral agreements than in multilateral ones. In this case, Canada is the dominant economy, and this deal is characterized by imbalance.

Since this is true, why do we keep negotiating these kinds of trade agreements? Does the government not care about this imbalance? Does it have no qualms about the challenges that will come of our being given greater access to Panama, whether we are concentrating on resource extraction or on extending our export-driven interests? It is a question that needs to be asked.

Canada's reputation is built on multilateral co-operation, consideration of human and environmental rights, and fairness in our work at the international level.

We have seen, certainly in the area of foreign affairs, a different approach on the part of the government, an approach that throws away some of the core values that Canada was built on, and on which my generation was raised.

When we look at this trade agreement, there are some points that cause concern. Labour rights are something that we in Canada uphold and respect. We believe that working people have the right to form unions and negotiate for a decent wage and decent benefits. This is not the case in Panama. If we go through with this agreement, we will be going against Canada's tradition of fairness for workers.

In July, there was a new wave of anti-union repression in Panama. Several workers were killed, over 100 were injured, and over 300 were arrested, including the leaders of the SUNTRACS and CONATO trade unions. This was the government of Panama's brutal reaction to protests against legislation restricting the right to strike and the freedom of association. The legislation provides for up to two years in jail for workers who take their protests to the streets.

It is despicable for us to engage in a trade deal with a government that undertakes this kind of repression toward working people. It is something that we will continue to see as a result of the bilateral free trade agreement with Colombia. But here we have a chance to stand and say no, this is not right. This is a government that denies its own citizens basic rights such as the right to unionize and the right to strike.

Another glaring hole in this free trade agreement is the failure to deal with the fact that Panama is an offshore banking centre and a tax haven, with a serious lack of transparency that displays excessive banking secrecy. We in the NDP have been critical of the government's failure to act against offshore tax havens and tax loopholes that benefit Canadian entrepreneurs. Here we would be engaging in a free trade agreement with a country that turns a blind eye to these destructive practices and is showing no interest in correcting them.

We in the NDP stand in opposition to these elements, which accompany this trade agreement. These elements are either not being looked at or they are being viewed in an unrealistic way. The government apparently thinks it is okay to enter into bilateral free trade agreements with a country like Panama that has such disregard for principles that are important to Canadians.

On the environmental side, there is reference to the existence of an agreement on the environment. But given the government's approach to anything environmental, whether it is in our country or abroad, we doubt that this agreement will be taken seriously.

We understand the importance of trade and trading with countries. In this day and age, we would not be where we are without trade. What we oppose is bilateral free trade agreements that reject fair and sustainable trade. This rejection often generates discontent and increased protectionism. We have all seen the destructive impact of the NAFTA on the U.S. economy and, quite frankly, on our own.

To end, I would like to return perhaps to the people I represent and the way in which we have seen jobs taken away from our area, good paying, community sustaining jobs, as a result of free trade agreements that have failed to put Canadians first. This is one more example of that pattern.

Canada-Panama Free Trade ActGovernment Orders

October 26th, 2010 / 11:05 a.m.
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Bloc

Claude Guimond Bloc Rimouski-Neigette—Témiscouata—Les Basques, QC

Madam Speaker, a few weeks ago, the Bloc Québécois and I spoke out against Bill C-46, the Canada-Panama free trade agreement. The Conservatives' eagerness to ratify this agreement was one of the reasons we could not support it. About a month ago, while we were considering this bill in the House, we found that it was not in line with the Bloc Québécois' values and beliefs or those of Quebeckers.

Our position remains unchanged because we have seen no indication that neither workers' rights nor the tax haven situation in Panama has improved since then. My Bloc Québécois colleagues and I will never be able to support any agreement, treaty or government decision that does not respect these fundamental rights. We will never accept such an agreement unless we can be certain that these rights will be respected.

Before going any further, I would like to answer a question that was asked by the Conservative member for Abbotsford. After my last speech on this subject, he asked why the Bloc Québécois would not at least allow this agreement to go to committee to ensure that amendments are made that would satisfy the Bloc. I would say that if some of these problems could be fixed in committee, we would be in favour of sending the bill to committee. However, some of the problems with the agreement or relations with Panama are beyond Canada's control. For example, there is the issue of police repression of unions. As my colleague, the member for Joliette said, although we could study the issue in committee, we would be wasting our time if the Panamanian leaders have no interest in examining and addressing the situation.

That said, since I have the honour of speaking on this topic today, I think it is important to briefly reiterate the Bloc's position on bilateral agreements. The Bloc Québécois is not a protectionist party. Quebec exports 52% of what it produces, and our businesses, especially cutting-edge businesses, could not survive in the domestic market alone. That is why the Bloc Québécois supported NAFTA, the North American Free Trade Agreement, and was the first party to propose entering into a free trade agreement with the European Union. Clearly, our party supports free trade.

We believe that in order for trade to be mutually beneficial, it must first be fair. This would be easy if the Conservatives were willing. A trading system that results in exploitation in poor countries and dumping in rich countries is not viable. Members can be assured that the Bloc Québécois will never tolerate a system of free trade that would result in a race to the bottom. We simply want to increase wealth and not poverty, in Quebec, Canada, and in the countries with which we are signing agreements.

We are well aware that the absence of environmental or labour standards in trade agreements puts a great deal of pressure on our industries, especially our traditional industries. It is very difficult for them to compete with products made with no regard for basic social rights. We are in favour of a real policy of multilateralism, not the shameless pursuit of profit at the expense of people's living conditions and the environment, which is all too often the case with the bilateral agreements that the government wants to sign.

I would like to remind the members of an aspect of this agreement that the Bloc Québécois finds very worrisome, and that we proclaim loud and clear every time we have the chance.

Panama is still on the OECD's grey list of tax havens, and it is even on France's blacklist of tax havens. Yes, I said France. Obviously Panama poses a problem.

While major European corporations are leaving that country because of its lack of banking transparency and its promotion of tax evasion, Canada wants to send its companies there. Does that make any sense? We need to think about this. The fact that France is pulling out of the country and we want to go in needs some serious consideration.

The Bloc Québécois feels it is imperative that, before concluding a Canada-Panama free trade agreement, the Conservative government sign an information sharing agreement with Panama. Nonetheless, this agreement must not exempt subsidiaries located in the targeted jurisdictions from paying income tax.

I want to repeat that, even though the free trade agreement signed on May 14, 2010, comes with a comprehensive agreement on labour co-operation, protecting labour rights in Panama remains a serious concern.

President Ricardo Martinelli's right-wing government passed Law 30, legislation that is considered anti-union, just a few months ago in June 2010. It is unbelievable. Basically, the law criminalizes workers who demonstrate to defend their rights. Here we are in 2010 and that government is still passing that kind of legislation. Once again, this certainly gives us something to think about.

We also know that Panama was shaken in recent months by crackdowns described as anti-union. Between two and six people were killed and about 100 were injured during violent demonstrations that were held after Law 30 passed in June 2010.

As a member who comes from the agricultural labour movement, I naturally believe that workers' rights are universal rights, and no trade agreement, no free trade agreement—and I mean none—should be entered into without absolute assurance that workers' rights will be respected. That is a fundamental principle of fair trade. That is how fair trade begins. It is not rocket science.

Accordingly, we rigorously apply that principle to all of our actions and the decisions we make. That is one of the reasons we simply could not support the Canada-Colombia free trade agreement recently. Our party acts in accordance with our values and policies.

Even though on August 5, 2010, the Panamanian government agreed to review this law, we nonetheless have cause for concern about the Martinelli government's true willingness to respect the International Labour Organization conventions. Why is the government in such a hurry to ratify this agreement? Should we not ensure that the Panamanian government is backing down on Law 30 before we make any commitment? Why not make sure the Panamanian government reverses its decision and supports labour rights in that country instead?

Without any assurance that workers' rights are respected in Panama and considering that this country is still on France's blacklist and the OECD's grey list of tax havens, it is not possible for the Bloc Québécois to support this bill.

Canada-Panama Free Trade ActGovernment Orders

October 22nd, 2010 / 12:45 p.m.
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NDP

Paul Dewar NDP Ottawa Centre, ON

Mr. Speaker, I rise today to speak to a bill concerning a bilateral free trade agreement with Panama, Bill C-46.

I rise today to hopefully take a look at Canada's track record regarding trade and particularly the direction that the government has taken when it comes to trade agreements. When it comes to the Panama free trade agreement, it is actually part of the cookie-cutter approach that the government has of looking at free trade as a one-off kind of thing that can be done with different countries, and by the same token, ignoring where I think we should be spending our time and effort, which is looking at the multilateral forums.

Many who are involved in trade agreements and in diplomacy are very concerned about the fact that we were not able to find success in the Doha Round. The government will say that since Doha has collapsed, the World Trade Organization talks on multilateralism have collapsed, in effect what we should be doing is just having bilateral trade agreements.

That sounds reasonable if we consider that there does not seem to be any initiative that is worthwhile to get multilateral trade agreements going on or the Doha Round going again, except for the fact that when we look at what Canada's role in trade has been historically from the beginning of Confederation, we need to ensure that we do have fair trade opportunities, that we are not going to be susceptible to larger economies taking advantage of our goods and services and resources. By the same token, we have to have access to markets.

Essentially, in a sentence or two, that is what the equation is. It is making sure we have access, while protecting our economy.

When it comes to these bilateral trade agreements, the concern here is that when we compound them and stack them up, we have to really look at what is in the interests of Canada. There have been some interesting suppositions put forward on these small bilateral trade agreements. Let us be honest here: most Canadians do not wake up in the morning and say, “By golly, we need to get access to the market in Lichtenstein, or Jordan, or Panama”.

We do want to make sure that we are not selling off our natural resources without value added, that we are not opening our markets up to the vagaries of what we have seen lately, which is very significant multinational corporations coming in and taking over our companies, dispensing with the parts of the company that they do not find profitable, and making away with the profits. That is the major concern of Canadians, not about free trade with Panama or Lichtenstein or Jordan.

Canadians are very concerned about what happens when these bilateral trade agreements compound and what is the benefit for Canada. In the last couple of weeks, there has been an interesting discussion around potash. Potash has been a real cornerstone for the economy in Saskatchewan. As we know, it was something that was a net benefit for everyone in Saskatchewan because it was a crown corporation.

Sadly, we saw it sold off, and we say this respectfully to the party in Saskatchewan or what used to be the Conservative party that exists no more. They sold it off. We now have Mr. Wall in a position where he is having to sound like a New Democrat, saying that because of the concerns of international investors, he is going to actually stand up for Saskatchewan and not let Potash Corporation be further undermined. We welcome that.

Mr. Wall has now listened to what New Democrats have said: “Do not sell it off. Do not let the Prime Minister have his way.” When we are talking about international trade, we are talking about protecting Canadian industry. I know some of the Conservatives are looking as though they are doing a pretzel dance, but that is kind of how they are dealing with the potash file. I guess they represent exactly what is happening with their position on trade, protecting, on the one hand, Canadian industries, and on the other hand, ensuring that we have markets abroad.

Make no mistake, if Potash Corporation is sold off to another country, which is essentially what is happening, the effects will be not just to Saskatchewan. The ripple effect will be felt throughout Canada. That is what we have to consider when we are looking at trade agreements. How is Canada going to benefit? The provisions in this bill, in this offering from government, are in terms of investment protection and free market access in goods and services, including government procurement, but then we get into what we have seen in previous trade agreements: a labour protection agreement and an agreement on the environment.

Unless absolute clarity on what we are agreeing to in terms of labour standards and environmental standards is embedded in trade agreements, they are not worth the paper they are written on. They can be ignored. If there are labour standards, for instance, such the ones in Panama, which are not as strong as those in Canada, essentially we are putting our workers in unfair competition with workers from Panama. Not only that, but in talking to people from Panama, as our party has, their concern is that it is in fact putting a rubber stamp on labour practices in Panama and saying that all is well and good.

I have heard the government say, time and time again, this will lift all boats up and by us signing a free trade agreement with Panama, all of a sudden it is going to have fair labour standards and fair environmental standards. We know we do not even have the capacity to have oversight on the potash deal in this country. Are we really going to have enough people to have oversight on the environmental and labour standards in Panama? I doubt it. In fact, the agreement does not have it embedded. It is a side agreement and it is a sideshow at the end of the day.

When we look at the totality of this bilateral trade agreement, it is like what we have seen in the past. There is no guarantee that we are going to have equity in terms of access to markets and protecting labour and environmental standards for those we trade with. We do not know and have actual numbers to convince any of us that this will be a benefit to Canadians, be it workers or investors. We do not know what the follow-up will be, because when we are talking about trade agreements, each of these agreements needs to be monitored. Once we sign off and say, “Here is access to our markets”, some people will take advantage of that and will have access to cheaper labour, perhaps, and able to have environmental standards that are not as strong as Canada's, but we will have to make sure that there are benefits to Canada. Who is going to monitor that?

Right now, as I said before in terms of looking at the potential sale of PotashCorp, we do not even have enough people monitoring that. For each of these bilateral agreements, we are going to need people to monitor these trade agreements. That is why it is so important to focus on the multilateral approach.

With a multilateral trade system, which used to be the General Agreement on Tariffs and Trade, we would have discussions and debates in Brussels and we would have some of our bureaucrats in Brussels on a regular basis ensuring that the GATT rules were being followed. We will need the same kind of thing for each of these bilateral agreements.

We should be entering into multilateral agreements. It makes sense and it is fairer. This is not the way to go. Clearly this is going to be another example of the government ignoring multilateral, going into bilateral, and at the end of the day, Canadians will not be better off.

Canada-Panama Free Trade ActGovernment Orders

October 22nd, 2010 / 12:30 p.m.
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Bloc

Diane Bourgeois Bloc Terrebonne—Blainville, QC

Mr. Speaker, today we are debating 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.

To begin, I would like to say that the Bloc Québécois does not support this bill, mostly for the same reasons that it is against so many bills concerning the implementation of bilateral free trade agreements between Canada and certain countries. In this particular case, there is the additional issue of Panama being a tax haven, one that is on France's blacklist and the OECD's grey list. The latter lists countries that have committed to exchanging tax information but that have not substantially implemented the rules.

We know that some countries are tax havens. The OECD has come up with four criteria to determine if a country is a tax haven. Countries wanting to do business or trade with countries that are tax havens must ensure that those countries do not meet these four criteria.

There are tax havens with tax rates so low as to be non-existent, with no transparency when it comes to their laws, specifically their tax laws, and with legal or administrative barriers to sharing information. They attract investments simply for tax reasons, not for any economic activity per se. One of those countries is Panama.

The Bloc Québécois wants Canada to ensure that it can do business transparently, that it can get all available information on, for instance, Canadian or Panamanian businesses that want to do business here, so we can see where the money goes, who is paying taxes and how much.

We are calling on the Conservative government to sign a tax information exchange agreement with Panama. At present, we have no guarantee that any tax information exchange agreements with Panama have been signed or that such agreements provide a tax exemption for subsidiaries located in jurisdictions with which we have agreements. What does that mean? It means that Canada signs many bilateral free trade agreements, and Canadian subsidiaries that operate on islands or in countries with which we have such agreements should, theoretically, bring profits earned there back to Canada in order to pay taxes.

Canada does not force them do so. In fact, in 2007, the Conservative government expanded the definition of designated countries in the Income Tax Regulations in order to accommodate a country with which Canada concluded a tax information exchange agreement. Thus, income earned by a business operated by a foreign subsidiary in a country that has concluded a tax information exchange agreement is tax-exempt.

In 2007, the Conservative government made changes that distorted information exchange agreements. These agreements not only allow information exchanges, but also allow subsidiaries located in the targeted jurisdictions to be tax-exempt. That is why the Bloc Québécois is calling on Canada to implement a real tax treaty to improve the transparency of Panama's financial institutions and effectively fight tax evasion before agreeing to ratify a free trade agreement. Since Panama is a tax haven, we believe it will be easy for companies and individuals to set up there or to invest money there. There will be no transparency, and we will not know how much money these people make, how much they should pay in taxes and whether these taxes will be sent back to Canada. That is one of the reasons we do not accept this free trade agreement.

There is another reason behind our position. The Bloc Québécois is open to trade, but not at just any cost. It is open to trade if human rights are respected. Panama has a right-wing government that adopted legislation considered anti-union on June 30, 2010. That legislation includes a labour code reform that is perceived to be repressive since it would criminalize workers who demonstrate to defend their rights. In August, the Panamanian government agreed to review the legislation. We still have cause for concern about whether Panama's government really intends to comply with International Labour Organization conventions. I think it is important to postpone signing the free trade agreement and ensure that the Panamanian government changes its attitude toward unions and workers in its country.

The Bloc Québécois is open to trade, but its focus is fair globalization. We believe that in order for trade to be mutually beneficial, it must first be fair. A trading system that results in exploitation in poor countries and dumping in rich countries is not viable. The Bloc Québécois will never tolerate a system of free trade that would result in a race to the bottom. The absence of environmental or labour standards in trade agreements puts a great deal of pressure on our industries, especially our traditional industries. It is very difficult for them to compete with products made with no regard for basic social rights.

The Bloc Québécois believes that child labour, forced labour and the denial of workers' fundamental rights are a form of unfair competition, just like, or even more than, export subsidies and dumping. Prohibition of these practices is widely accepted at the international level, as reflected by the large number of countries that have signed the International Labour Organization's eight fundamental conventions. We must have the means to protect ourselves against such practices.

Trade agreements and trade laws do not protect our businesses and our workers from this social dumping. If a country wants to benefit from free trade, in return, it has to accept a certain number of basic rules, with regard to social rights in particular. Environmental organizations and human rights groups have been concerned about this issue for a long time. More recently, though, it has become a major economic issue. Quebec has proportionally more industries threatened by competition from Asia than the rest of Canada. Quebec is at the forefront of this debate.

That is why the Bloc Québécois is urging the federal government to revise its positions in trade negotiations in order to ensure that trade agreements include clauses ensuring compliance with international labour standards as well as respect for human rights and the environment.

Is my time already up, Mr. Speaker?

Canada-Panama Free Trade ActGovernment Orders

October 22nd, 2010 / 10:35 a.m.
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Bloc

Mario Laframboise Bloc Argenteuil—Papineau—Mirabel, QC

Mr. Speaker, I am pleased to speak on behalf of the Bloc Québécois to Bill C-46, An Act to implement the Free Trade Agreement between Canada and the Republic of Panama.

This is important because we are talking about the position of the Conservatives and the Liberals. The people who are watching have seen what their position is. The main reason why the Bloc Québécois is opposed to this agreement and will not support it is that Panama is on the OECD grey list of tax havens.

I will read the four OECD criteria for determining whether a country is a tax haven: nil or nominal taxation; a lack of transparency; laws or administrative practices that prevent the effective exchange of information; and indications that the country is attempting to attract investments that are purely tax-driven and not for economic activity.

One way a country can deal with one of these criteria is to sign a tax information exchange agreement with other countries, and that is what the Bloc Québécois is calling for. The European Union and the United States are working to that end. They have shown that they want to sign a free trade agreement with Panama, but they are dragging their feet because, with the recent financial crisis, the leaders of those countries are very reluctant to develop trade with countries that promote tax evasion. That is a fact.

I understand that the Liberals support this agreement because, when they were in power, they led the way with this sort of agreement. None other than the Liberal leader, who was the prime minister of Canada at the time, promoted a free trade agreement with Barbados. His own companies benefited and got huge tax breaks. The problem is that, when we ratify an agreement with Panama, we will be telling Canadian companies that if they set up a subsidiary that has its own income in Panama, they will not have to declare that income here in Canada.

We do not want that. We do not want the government to encourage Canadian companies to evade taxes and use their income to create subsidiaries in Panama just so they can avoid declaring that income here in Canada. Why would they not do that if there were an agreement that let them do business with Panama? And to top it all off, it would be legal to create subsidiaries whose declared income would not come back to Canada.

What the Bloc Québécois is asking for is simple. We want a tax information exchange agreement, which is what the OECD calls for. Such an agreement must not exempt Canadian subsidiaries in Panama from income tax. This would be equitable and logical.

All the taxpayers here in Canada pay their taxes and work hard to pay those taxes. They are seeing their pension income decrease. It is happening, and the media are telling us that the main pension funds have a solvency ratio of 87%, which means they have a shortfall of 13%.

I think that the people of Quebec and Canada should expect the government not to sign trade or free trade agreements with countries that are on the OECD's list of tax havens. This is not Canada's list; it is the OECD's. In response to that, the Conservatives told us today, through the parliamentary secretary, that the Minister of Finance wrote a letter to the leaders of Panama. He told them that they must do what is necessary to be removed from the OECD's list of tax havens.

A lot of good that does to have the Minister of Finance write a letter. They will take that letter and file it away in the circular file. Thank you very much. Why? Simply because being a tax haven has its advantages. That is the reality. These countries have no intention of co-operating, and that is why Panama is on the OECD's grey list of tax havens. If Panama had wanted to co-operate in the past, if it had wanted to be respectful of other countries, it would not be on the grey list of tax havens.

Why does the government want to sign an agreement at any cost and as quickly as possible, if not to encourage Canadian businesses to set up subsidiaries there? Sure, they want to do business in Panama, but by setting up subsidiaries that will enable them to evade taxes on their revenues.

The Liberal member says that we can discuss this in committee, but a discussion will not work. Either we sign an information exchange agreement that prohibits tax evasion by Canadian companies or we do not sign the free trade agreement with Panama.

The Liberal Party and the Conservative Party want to sign the agreement anyway, without requiring a tax information exchange agreement and without requiring that Canadian companies not establish subsidiaries, whose revenue they would not have to declare in Canada. This inevitably encourages tax evasion. What will happen? The same thing that has happened over the past two months. At France's request, the HSBC Bank had to provide a list of clients with Swiss bank accounts, which included some Canadians. Canada did not care. In the past, the Liberals did not care, just as the Conservatives do not care now. France did care because the French people were tired of paying taxes while the rich evaded taxes.

Today, Canada has had to come around because we have a minority government. The Conservatives were afraid of paying the political price. Canadians on the list given to France are being asked to pay up. We know very well that tax evasion is a Criminal Code offence. However, the Conservative government has not indicated that people who evaded taxes will face criminal sanctions.

Today, the Conservative Party, supported by the Liberals, will sign a free trade agreement, supposedly for the sake of potential trade between Canada and Panama. By the way, Panama is a small country. That is not the issue. Yes, we can do business with Panama, just as we can with other countries. It is worthwhile. However, we cannot do business with a tax haven and legalize it in an agreement, in an international treaty, that would allow our Canadian and Quebec companies to create subsidiaries that would be exempt from paying tax on their Canadian revenue. We would be encouraging them to evade tax.

The Bloc Québécois stands up for all Quebeckers, not for the few rich people who might take the opportunity to establish subsidiaries in Panama and, with the free trade agreement, legalize the situation. That is what the Liberals did with Barbados when then prime minister, Paul Martin, had interests in that country. He signed a free trade agreement with Barbados to legalize his own personal business. The Conservatives are doing the same thing for some of their friends.

I find that sad. Quebeckers and Canadians work too hard in order to pay their taxes to then have a few rich and privileged people do business with a tax haven and establish subsidiaries that they would then be allowed to use to hide revenues that should be declared in Canada and therefore taxed in Canada. It is simple: when a subsidiary is established in a tax haven, which, as the OECD explains, imposes no or only nominal taxes, the company pays no tax on business done with that country. In this case, the country we are talking about is Panama. And the company would be crazy not to do this, because the Conservative Party, with support from the Liberals, would ratify this agreement without requiring a tax information exchange agreement, which the Bloc Québécois and the OECD are calling for, and without requiring that tax-exempt revenues be covered by this agreement. A company that establishes a subsidiary in Panama would then be subject to Canadian laws and tax rates, not Panamanian tax rates. This would be a good way for Canadians and Quebeckers to do business.

This would also be a good way for the public to know that everyone doing business with Panama is paying their fair share of taxes, just like the citizens. Once again, the Conservatives are succumbing to the Liberal phobia of allowing the rich to avoid paying taxes.

Canada-Panama Free Trade ActGovernment Orders

October 22nd, 2010 / 10:20 a.m.
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Liberal

Navdeep Bains Liberal Mississauga—Brampton South, ON

Mr. Speaker, I am happy to have the opportunity 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 will allude to those agreements as well with respect to the environment and labour co-operation. We definitely need to have a holistic approach when we talk about trade.

The Liberal Party supports sending the bill to the trade committee for further study. The Liberal Party, as the party of free trade, has always promoted efforts to expand the access of Canadian companies to foreign markets. We understand the importance of allowing companies to succeed not only domestically, but abroad as well. After all, we are a trading nation and 80% of our economy depends on exports. Therefore, we must always look for new opportunities to break down barriers and bolster trade.

Ideally, we would like to see Canada open up markets on a multilateral basis. It is important that we recognize we can do much better if we have a multilateral approach. However, with the Doha Round negotiations of the World Trade Organization currently stalled, that means Canada has to focus on bilateral agreements, and that is understandable. The agreement with Panama is one of those agreements that should be pursued. It will provide access to a small but very important Panamanian market.

I have a few key statistics to set the context when I talk about market size. First, Panama has a population of 3.5 million, but, more important, it also has a GDP of $26.2 billion and it is growing. There is some economic growth there as well. Last year we exported over $90 million to Panama and imported $40 million, with a total bilateral trade of $132 million. There is definitely some potential there.

However, the current expansion of the Panama Canal is where there are real opportunities for Canadian companies. Construction, environmental engineering and construction firms will have the opportunity to hopefully gain access to that major initiative.

In 2008, I had the distinct pleasure, along with my colleagues from the trade committee, to travel to Panama to see the canal first-hand. I had the opportunity to look at Panama as a possible jurisdiction for free trade and to pursue a free trade agreement with it. I saw the canal, which carries such a large portion of the world's trade, and marvelled at the engineering that allowed for its creation. I also saw the dynamic and modern city of Panama, which is a business hub for that region. The message conveyed to us was that Panama was stable. It is a modern country that has made significant progress in terms of development and democracy over the years.

Panama has also taken tremendous pride in reclaiming the canal from American control back in 1999. The canal's ambitious expansion is part of a sense of ownership and the understanding that the canal is key to the country's future prosperity.

However, there are some concerns I want to raise with respect to this debate. It is good that we are pursuing this free trade agreement, but it has very minimal impact in the context of our overall trade. While our competitors, other countries, other jurisdictions are pursuing aggressively courting other major developing economies like China and India, Canada is lagging far behind. I believe we are going about this in the wrong way in how we pursue our trade policy.

Canada should be focusing its trade agenda on larger growing markets like Brazil, India, China and Russia, where there are more opportunities for Canadian companies. By focusing on large markets, we can set the template that can be easily transferred to small markets, thereby speeding up the overall negotiation process.

To that effect, the Liberal Party recently presented, as part of our platform and as part of our international outlook, a global networks strategy, which really articulated a trade policy agenda going forward. That would work as a means to generate economic opportunities with the countries I alluded to before, the emerging major powers.

This proposed agreement would provide an opportunity to look at areas of trade and investment, financial services, transportation, higher education, research and development, energy, natural resources and a whole range of areas. I wanted to take this opportunity during the debate in the House to mention this because it is so important that we do this.

It is important for us to look at trade as a means to gain access to markets. This is the first time in over 30 years that we have had trade deficits, something which has alarmed many businesses. Small and medium-sized enterprises in my riding have had to close their doors because of lack of opportunities, not only in the domestic market but in the foreign market as well.

Panama is a first good step, but the real opportunities are in countries like China, Indian and Brazil.

Going back to the comment I made earlier, with respect to having a holistic approach when it comes to free trade. I mentioned that the agreements on the environment and labour co-operation were very important. We also need to talk about this when it comes to trade.

As Canadians, we value market access and market fair play. We want to reduce tariffs. We want to promote economic opportunity. However, we have a responsibility that goes beyond that, too. We have a responsibility, as global citizens, to invest and ensure that we hold ourselves and our trading partners to the best possible environmental standards, that we take this opportunity to talk about labour co-operation and labour standards and ensure that countries comply with international standards. We also have a responsibility to address issues of human rights.

The Liberal Party has always talked about this kind of approach. We have not only talked about free trade but fair trade as well. We have also very much promoted the importance of the environment and labour. It is something we have discussed with regard to many trade agreements and it is important we do not miss the opportunity in this debate.

Tremendous progress has been made in Panama. I saw it first hand. However, I believe we can continue to improve the situation there and also create a framework of going forward for other free trade agreements as well.

As I indicated, in terms of investment abroad, it is not only important to simply to have a free trade agreement with Panama. It is also important that we invest in the trade commissions and foreign embassies abroad that provide support to businesses.

There are many examples in my riding of businesses, particularly the small and medium-sized enterprises. Larger corporations tend to have that infrastructure in place. The small and medium-sized enterprises are looking for opportunities. Not only do they need market access, but they need the market intelligence, the data, the relevant information to better understand the market so they can better position themselves.

I would encourage the government, when it does invest or does pursue these free trade agreements, to also look at areas and means as to how we can really bolster our foreign embassies and trades abroad because it is so important.

Above and beyond pursuing a global network strategy in terms of free trade agreements and investing in foreign trade commissions, we also need to start putting together Team Canada missions. The Liberals pursued this very aggressively in the 1990s. It was an opportunity for us to really brand Canada. I realized this as a result of my travels abroad, even when I was in Panama, Colombia and other jurisdictions. It is very difficult to talk about free trade because some of the perceptions and stereotypes that exist do not necessarily reflect the economic reality and potential of Canada.

It is important that we brand Canada. It is important that we work together, all parliamentarians, in travelling abroad with business leaders and leaders from all sectors of the Canadian economy to brand Canada and to show that we have enormous potential. It would give us the leverage needed to ensure we could successfully pursue other bilateral trade agreements. This would be a step in the right direction. However, we need to ensure that we also pursue some of those key markets, as indicated, which are very important to our businesses, as well.

I would like to take this opportunity again to say that the Liberal Party looks forward to this debate and discussion. We would like to take this into committee, study it, bring forward witnesses, talk about issues that have been raised in the House and ensure that we promote trade in a manner that really benefits the economy as a whole. However, I would like to, from a local perspective, from my constituency of Mississauga—Brampton South, take the opportunity to emphasize the importance of focusing our resources and our strategies around promoting small and medium-sized enterprises and giving them the tools they need to succeed not only domestically, but abroad as well.

There is enormous potential with Panama because of the expansion of the canal. I am confident the Canadian companies that have expertise in engineering and infrastructure would ensure we could meet the requirements of Panama. We will be able to pursue that after we push forward this free trade agreement. This is really encouraging because a lot of companies in my riding and across the country would benefit from that. I hope all parliamentarians take it under consideration as part of our economic recovery going forward.

Business of the HouseOral Questions

October 21st, 2010 / 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, I did want to stand in my place and correct the record.

Earlier today, in answering a question, I neglected to mention the good work of the Minister of State for Western Economic Diversification as a woman serving in this cabinet. As well, the Leader of the Government in the Senate, the hon. Marjory LeBreton, makes a very powerful and substantial contribution to this government.

I am also pleased to report that the four House leaders are working well together. We have got off to a very good start.

Today is an opposition day for the Bloc Québécois and we will continue to debate on that for the rest of the day.

Tomorrow, we will resume debate on second reading of Bill C-46, the Canada-Panama free trade agreement; followed by Bill S-9, the tackling auto theft and property crime legislation.

On Monday and Tuesday we will begin with Bill S-9, on tackling auto theft and property crime; followed by Bill C-46, the Canada-Panama free trade agreement; report stage of Bill C-3, gender equity in Indian registration; Bill C-42, strengthening aviation security; Bill C-29, safeguarding Canadians' personal information; Bill C-30, on the Supreme Court of Canada decision in R v. Shoker; Bill C-41, strengthening military justice in the defence of Canada; and Bill S-2, protecting victims from sex offenders.

On Wednesday we will begin debate on Bill C-49, the preventing human smugglers from abusing Canada's immigration system act. If debate on Bill C-49 concludes, we will continue with the business that I outlined on Monday and Tuesday.

The House leader for the official opposition also requested to know about the second budget bill, for the fall. We have begun debate on that. We have already adopted the ways and means motion, but we certainly will be calling it again before the November Remembrance Day break week for constituents. That is obviously an important piece of legislation that we look forward to having the opportunity to debate in this place.

I also neglected to mention the hard work of another member of the priorities and planning committee, the hon. Minister of Intergovernmental Affairs.

Canada-Panama Free Trade ActGovernment Orders

October 20th, 2010 / 6:15 p.m.
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Conservative

Gordon O'Connor Conservative Carleton—Mississippi Mills, ON

Mr. Speaker, if you seek I believe you will find unanimous consent to proceed with the vote on the amendment on Bill C-46.

Canada-Panama Free Trade ActGovernment Orders

October 20th, 2010 / 4:45 p.m.
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NDP

Glenn Thibeault NDP Sudbury, ON

Madam Speaker, I rise today to speak to Bill C-46, which would implement a bilateral free trade agreement with Panama.

As we do with all free trade legislation, I along with my NDP colleagues have carefully examined the details of this bill. We need to ensure that any free trade agreement we sign is progressive, that it looks closely at the treatment of labour activists and equality for women and minority groups, and that it contains provisions for environmental protection.

Unfortunately, this free trade agreement with Panama falls short on the protection of labour activists. While there are provisions for labour protection, there is no means with which to enforce this part of the treaty. It seems that the provision is there to placate critics without trying to accurately tackle the issue.

This is a real issue in Panama. July saw a massive crackdown on union members and labour leaders in Panama. New legislation was brought forward by the government, which limited the rights of workers to strike and even their freedom of association, including provisions to jail for up to two years any workers taking their protests to the streets.

These are rights that are enshrined in article 23 of the United Nations Declaration on Human Rights and in the declaration of the fundamental principles and rights at work of the International Labour Organization. Yet the Government of Panama seems happy to trample on 60 years of international law.

If this were not bad enough, when the citizens took to the streets to legitimately and democratically highlight their opposition to this legislation, the government reacted violently. More than 100 protesters were injured, some fatally, and more than 300 protesters were jailed, including the leaders of the SUNTRACS and CONATO trade unions.

The government is clearly not committed to the rights of organized labour, and its violent reaction to the protest shows that a toothless labour provision is simply not enough. If this government were serious about the labour protection, then this free trade act would have a real means to enforce the labour provisions. Without it, the provisions are worthless.

When considering this free trade agreement with Panama, we must also look at Panama's tax code. Panama is recognized both by international bodies like the OECD and by other countries as a tax haven. Tax havens allow large corporations and rich individuals in Canada to shelter their income from the government and avoid paying the tax they owe the government.

While thousands of Canadians are struggling to pay their bills, I cannot understand why this government would try to ratify a free trade agreement with a country that is allowing people and corporations to evade paying their taxes. Let us not mince words here. Those people who are avoiding paying these taxes are stealing from the average hard-working Canadian.

This government, which claims to be tough on crime, is happy to have different rules for these high-earning criminals than for the average Canadian. It claims it wants to crack down on tax evaders, but while it talks the talk, it certainly does not walk the walk.

When the government got the names of Canadians illegally sheltering funds in Europe, it offered them a voluntary disclosure program, which is nothing more than a partial tax amnesty. Sure, they had to pay some interest and penalties to the CRA, but these are not people who accidentally filed their taxes incorrectly. These are people who purposely hid money from the government for the explicit reason of avoiding paying taxes. This is not a mistake. It is criminal intent.

If someone steals a TV from your home, the police do not just get them to return the TV and give you ten bucks for your trouble. This is effectively what the government did to these tax evaders. It was an economic slap on the wrist maybe, but certainly it was very lenient punishment. They certainly were not treated like the typical criminal would be.

It is not just that this free trade agreement does not try to put in place a provision to deal with the shelter of income from the government. It is also that the free trade agreement will undoubtedly create additional loopholes, which will be exploited so that even more income is sheltered offshore.

Think of what we could do with the extra tax revenue, which we are not already losing. How can the government tell people that it cannot afford to cut the federal tax from home heating or increase payments to pensioners when it is happy to sign off on a free trade agreement that allows for so many individuals and corporations to avoid paying taxes?

The bill points to an increasingly worrying trend where the government is trying to hollow out the role of the state. It is happy to allow foreign takeovers without really studying the effects on the communities that are affected.

Look at the year-long strike that took place in my great city of Sudbury after the Conservatives approved the sale of Inco to Vale. The government refused to step in and protect the members of USW Local 6500 and the whole community, which also suffered.

When the strike was over, it loaned Vale $1 billion. Now the government is making it easier for corporations and individuals to avoid paying tax by sheltering their money illegally in Panama, and it will then use lower tax revenues as an excuse to cut important state services.

The bill does nothing to support hard-working individuals in Canada or in Panama. In fact it undermines them, in Canada by cutting the federal tax revenue and in Panama by giving the government international credibility on labour issues when it is violently and undemocratically cracking down on union members.

The bill is an insult to anyone who works hard and pays taxes while rich individuals and corporations avoid their responsibilities.

This is why I will not be supporting the bill.

Canada-Panama Free Trade ActGovernment Orders

October 20th, 2010 / 4:20 p.m.
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NDP

Jean Crowder NDP Nanaimo—Cowichan, BC

Madam Speaker, we need to ensure that they are of benefit to Canadian citizens.

A member across is asking when is the last time a New Democrat agreed to a trade agreement. We have not because we do not see a benefit to Canadians. Often we are accused of just opposing things. We have actually had some proposals about what trade agreements should look like. New Democrats talk about fair trade, not free trade. I want to talk about a couple of those elements, because they are absent from this agreement.

New Democrats believe that a trade policy should be based on the principles of fair, sustainable and equitable trade. Equitable trade is an important aspect of any agreement.

We also believe there are a number of overall strategies that should be in place when we are looking at trade agreements. These include a comprehensive, common-sense impact assessment on all international agreements which demonstrates that trade deals that Canada negotiates are beneficial to Canadian families, workers and industries. The government should not sign any trade agreement that would lead to a net job loss. I referenced the softwood lumber agreement earlier and the impact that has had on jobs in our communities from coast to coast to coast.

Trade agreements that Canada negotiates should support Canada's sovereignty and freedom to chart its own policy, support our ability to be a competitive force on the world stage, and support the principles of a multilateral, fair trade system. Of course with these trade agreements and what is happening with foreign takeovers of our industries, that kind of impact assessment simply is not happening, especially around the issue of sovereignty.

A fundamental principle that all trade agreements must promote is the protection of human rights by prohibiting the import, export or sale in Canada of any product that is deemed to have been created under sweatshop conditions, forced labour or other conditions that are not in accordance with fundamental international labour standards and human rights.

Another fundamental principle is that all trade agreements should respect sustainable development and the integrity of all ecosystems.

There are other elements that we propose are important to any fair trade agreement. We simply find that the agreements that come before the House do not include those elements.

This Panama bilateral free trade agreement has four components: free market access in goods and services, investment protection, labour protection and an agreement on the environment. The labour protection agreement and the agreement on the environment are side agreements. They are not even incorporated into the trade agreement.

I want to touch on three aspects of this because I only have a brief period of time.

Regarding labour co-operation, we have seen this in other agreements. Under the Colombia free trade agreement, we saw what was being characterized as pay a fine, kill a trade unionist. In Colombia, we have certainly seen continuing violence against trade union members.

When we look at the Panama free trade agreement, we see that it is going to make it easier for Canadian and foreign corporations to flout Canadian labour laws, to pay their workers in Panama an average wage of about $2 an hour, and not have to pay for pension or sick leave benefits.

In Canada, we have laws that protect workers. We have some minimum standards. I think many of us are concerned about the erosion of some of those standards. We only need to look at what is happening with private sector pensions in Canada, but workers in Panama simply do not have access to the same level of benefits as in Canada, nor is there anything in this agreement that would ensure that workers in Panama would not be subjected to conditions that we would simply find intolerable here.

The labour co-operation agreement within the Panama free trade agreement does not have any vigorous enforcement mechanisms. As I mentioned, this is a very similar template to what was used in the Colombia free trade agreement. Because there are not these kinds of protections, that should be of concern to this House. In the Colombia free trade agreement, there had been a recommendation made for a full study on any kind of human rights violations before we proceeded with that agreement, and that did not happen.

It is the same thing with the side agreement on the environment. It has no effective mechanism to force Canada or Panama to respect environmental rights. The agreement commits both countries to pursue environmental co-operation and to work to improve their environmental laws and policies, but it can only ask both parties to enforce their domestic laws, and if they do so, there are very few remedies if they violate their own laws.

I would argue that what we have here is an agreement which, if Canadians truly understood both the labour and the environmental aspects of it, they would be saying not to sign onto it.

A number of other members have touched on the issue of tax havens. I am going to raise that issue as well because the government says it is going to crack down on tax havens and yet we are signing onto a free trade agreement with a country that has a notorious reputation for being a tax haven. I want to touch on a couple of aspects around tax havens and the investor portion of it.

The trade deal does not provide investors or labour with a level playing field. While under chapter 11 investors have the right to seek binding arbitration, they can pursue independently a trade union in Panama that does not get to pursue a case to arbitration. They can file a complaint that would lead to an investigation report, but it is up to the government to seek remedies and damages. I mention that because chapter 11 has been a serious problem for us and we feel that this is another way of simply brushing some of the issues under the carpet.

Other members have talked about the opposition in the United States to this free trade agreement. When members of the U.S. Congress speak out quite vocally, it is important for us to pay attention.

In a letter signed by two members of Congress in April 2009, they indicated that Panama's industrial policy is premised on obtaining a comparative advantage by banning taxation of foreign corporations, hiding tax liabilities and transactions behind banking secrecy rules and the ease with which U.S. and other firms can create unregulated subsidiaries.

According to the state department, Panama has over 350,000 foreign registered companies. We can almost guarantee that those are shells that allow the flow-through of money to avoid taxation in the countries where those companies actually operate. The member for Elmwood—Transcona mentioned that AIG is very keen on these tax havens in Panama, and we heard about the court cases and whatnot that are unfolding.

An article on the Dow Jones Newswires says that tax haven questions could trip up the Panama trade pact. It says that the OECD, the Organisation for Economic Co-operation and Development, listed Panama as one of the 30 tax haven jurisdictions that have committed to international standards on bank secrecy but have not yet substantially implemented those standards. The member for Elmwood—Transcona mentioned that there are eight countries that now have agreements with Panama. But, as usual, the devil is in the details.

With its track record, its history of secrecy, its unwillingness to supply information, one would wonder why at this point we would be willing to sign an agreement without some of those guarantees, some of that transparency and accountability that the Conservative government always references being in place to protect Canadians and Canadian companies.

New Democrats will be opposing Bill C-46, and I think with very good reason. We encourage other members in the House to take a close look at some of the flaws in this agreement.

Canada-Panama Free Trade ActGovernment Orders

October 20th, 2010 / 4:15 p.m.
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NDP

Jean Crowder NDP Nanaimo—Cowichan, BC

Madam Speaker, I want to thank the member for Elmwood—Transcona and especially the member for Burnaby—New Westminster for outlining some of the key concerns that New Democrats have with Bill C-46.

Some of us have ridings that have been impacted by trade deals or agreements that have seriously affected the ability of people in our ridings to make a living. I just have to point to the softwood lumber agreement. My riding of Nanaimo—Cowichan is still feeling the effects of that agreement. It was supposedly going to be great and resolve all kinds of issues. In fact, it has meant that we continue to ship jobs south. People in my riding are certainly very concerned about this move toward the kinds of trade agreements that simply do not benefit Canadians.

We have often heard from the other side of the House that New Democrats are opposed to trade and that is absolutely not true.

Canada-Panama Free Trade ActGovernment Orders

October 20th, 2010 / 4 p.m.
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NDP

Jim Maloway NDP Elmwood—Transcona, MB

Madam Speaker, I am very pleased to speak to Bill C-46 today. It is certainly a bill I have been looking forward to speaking to for the last little while.

I enjoyed the two previous speakers. Certainly, the Bloc has put a lot of effort into dealing with the issue of tax havens. Clearly, that is a very important point to which we should have been paying attention in this country for many years already. It is extremely unfair to have corporations and individuals essentially hiding their money in foreign tax havens, basically to save taxes, but it is essentially robbing Canadian taxpayers and stealing from the Canadian public.

The tax dollars that are collected by the government are used to build infrastructure and provide services in this country. A lot of tax haven participants are people who take full advantage of our roads and medical system. Yet, they insist upon putting half a million dollars in a Swiss bank to try to hide income.

It is good to see that after all these years, at least two countries, France and Germany, are actually doing something about it. However, it took them forever, too, to get the ball rolling, and by the way, it had more to do with actually two disgruntled bank employees. The first bank employee worked for a Liechtenstein bank and when he left, he took his computer diskettes and actually sold them to the German government. The German government have chased down the German tax evaders and collected. I am not sure whether it is half a billion dollars, but quite a bit of money in back taxes.

The German government gave the information to the Canadian authorities two years ago. A small number of Canadians were involved, most of whom are from the beautiful province of British Columbia. Guess what? Revenue Canada offered an amnesty to these people. Why would we need an amnesty if we had the names of the tax evaders? I assume they are offering the amnesty because they want people to voluntarily walk in and declare their undeclared income.

Since then, another employee from the HSBC in Switzerland went on the run to France and he too carried a lot of information on maybe 5,000 taxpayers. I believe 160 of them are in Canada and their names have been turned over to Revenue Canada.

Now we have the Prime Minister going to Switzerland this week to talk to the Swiss prime minister to try to get more compliance from Switzerland. The French government did. The French government collected a list of, I believe, 18 tax havens around the world and decided to be proactive. Unlike Canada, which is totally reactive and acts as though we are surprised when something happens. We wish it would not happen because it causes us some inconvenience. The French government levied a tax of 50% proactively on dividends, interest, royalties and service fees paid by anyone based in France to a beneficiary based in the countries on its black list, which in this case included Panama.

Once this happened, it did not take long before some of the 350,000 corporations that are hiding assets in Panama, the French participants of the 350,000, started to get concerned and put pressure on Panama. They will have to take their money out of Panama. In view of that, the Panamanian government simply went cap in hand to France and asked to be removed from the list because it is bad for business, and Panama agreed to sign the taxation avoidance treaty with France.

It signed the double taxation avoidance treaty with France and now there are eight countries that have negotiated tax agreements with Panama.

However, it was not done by coercion. France did it by getting tough on Panama. It got it by taxing its own corporations who were actively doing business in Panama. That is how France got results.

Panama ratified its agreement with Mexico on June 21. I believe the agreement with Barbados is being signed. It has also reached agreements with Italy, Belgium, the Netherlands, Qatar and Spain, but that is it.

Did we see Canada on this list? Absolutely not. What is Canada doing that the other countries are not doing? Canada is going further. Canada has a free trade deal. Canada is proposing ratification and implementation of a free trade deal with the very country that is a haven for some of our taxpayers. This is a perfect opportunity to follow in France's footsteps and these other eight countries, and demand that before we implement anything, before we pass anything in the House, that we get Panama's agreement on these taxation avoidance treaties.

Once we implement the agreement, once we pass it through the House, what is the incentive for Panama to do anything? There is absolutely none.

We should be proactive as the French were, as the Germans were. When the Prime Minister gets back from Switzerland talking to the Swiss prime minister should get on a plane and visit the Panamanian president, and demand that he sign the double taxation avoidance treaty with Canada, so that we can be number nine. Only when he has done that, then we should be looking at proceeding further, but not putting the cart in front of the horse which is what we are doing.

This is a government that talks about being tough on crime. The government is soft on crime.

We have mentioned many times that the number of white collar criminals put in jail in the United States is 1,200. The number in Canada is one, two convictions both against the same person.

The Americans feel their system is not tough enough and they want to get tougher. They are recalibrating, recalculating and reregulating the whole financial services industry.

Let us look at what the United States is doing in this case. The United States is dealing with a Panama treaty as well. Guess what? Fifty-four congressmen have demanded that President Obama forgo the agreement with Panama until Panama signs the tax information exchange treaties, so we have activity going on there.

I do not know if anyone has mentioned the situation with AIG. AIG, the House will recall, received huge bailout money from the American taxpayers only two years ago. Guess what? It is one of the 350,000 foreign registered companies operating in Panama and it is suing U.S. authorities right now to keep, I believe, $306 million in back taxes that it wants to hold back on because it has been using the Panamanian tax haven. Is that not sweet? The taxpayers bailed it out in its time of need with huge amounts of money. The next year it turned around and rewarded itself by giving employees huge bonuses and now it is suing the taxpayers to keep its ill-gotten gains through tax havens like Panama.

These are the types of companies that we are dealing with. We have to get tough with them. It is about time the Prime Minister started doing something, rather than just pretending that he is tough on crime. He is soft on white collar crime.

Canada-Panama Free Trade ActGovernment Orders

October 20th, 2010 / 3:45 p.m.
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Bloc

Mario Laframboise Bloc Argenteuil—Papineau—Mirabel, QC

Madam Speaker, on behalf of the Bloc Québécois, I am pleased to be speaking about 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 also pleased to be speaking after my colleague from Saint-Maurice—Champlain, who does such excellent work on the Standing Committee on International Trade.

First of all, it is never easy to keep track of the Conservatives because they go off in all directions, which is why they got such a bad grade at the UN. That is part of the problem. They are not focused enough, they cast too wide a net and they are not building a solid base. The result is inevitable. And we can see it in the agreements that this government is signing.

To begin with, I would like to say that the Bloc Québécois does not support Bill C-46 concerning the implementation of a free trade agreement between Canada and the Republic of Panama.

Yes, Panama is one of the most developed economies in Central America, but the Bloc Québécois cannot ratify a free trade agreement with this country as long as it is on the OECD's grey list of tax havens. This is very important.

We know that the citizens who are listening to us work very hard and pay their taxes. Some of them are retired and continue to pay taxes. We often forget that. The economic situation is not easy, which means that we cannot revitalize our economy. This is the whirlwind that the Conservative Party got sucked into because it decided to forgo a traditional economy. This is a choice that the Conservatives made, notably by not supporting investments and the forestry industry.

In recent budgets, the Conservatives invested more than $10 billion in the automotive sector, but barely $200 million in the forestry industry, which is nevertheless Canada's primary industry. Without forestry, the development and industrialization of the past 50 years would not have taken place. Unfortunately, the decision to not support one segment of our traditional economy forces us to attempt to open markets in other economies. That is what the Conservative Party is trying to do by signing agreements with other countries. In this case, it is Panama. However, this country is on the OECD grey list of tax havens.

The Conservatives' message is that we can do business with tax havens and that we will avoid paying taxes in Canada, all the while hoping that our companies will create jobs here. However, we are increasingly seeing the good jobs leaving Canada, right under the Conservative Party's nose.

We must examine what the Conservatives have been doggedly working on: destroying the traditional economy, including the forestry sector. They have attacked it repeatedly. I am saying this because the forestry crisis started well before the banking crisis of the past two years. The forestry crisis started five years ago and businesses had sounded the alarm well before that.

The Conservatives decided to take other action rather than helping the forestry industry. This inevitably led to lower family income. There are fewer high-quality jobs and this affects our retirees and seniors, who must make an additional effort and continue to pay taxes year after year. There is no possibility of indexing the assistance that could benefit or be available to them, or the very basis for retirement income. The increase in old age security is negligible and does not even pay for a coffee.

The Conservatives decided not to invest to protect our traditional jobs in forestry and other industries, and they are shifting the tax burden to seniors and retirees. This is a choice the Conservatives are making, and the Bloc Québécois is not fooled.

The Conservatives are trying to get good press, with the Liberals' help. We must not forget that the Liberals supported the last two budgets. They let them pass by sitting down and not voting. That is how the Liberals do things. They have no backbone. We know them, and we have known for a long time that that is how they are. They have given moral support to the Conservatives as they shift from a traditional resource-based economy to a capital development economy. They have chosen to have huge mining companies that are going to invest in foreign countries and hire foreign workers.

That is not what the Bloc Québécois would have chosen to do, and it is not what the Bloc Québécois has always stood up for. We want to keep our jobs and our money in Quebec and the rest of Canada. If we can help Canadians by standing up for Quebeckers, then so much the better. That is what we do every day in the House. We have to prevent the Conservatives from continuing to damage the traditional economy, and one way to do that is to stand up against this free trade agreement with Panama, a country that is on the OECD grey list of tax havens, as I have said many times.

Today, here in the House of Commons, we were treated to quite a sight during question period: the Bloc Québécois members were asking the minister in charge about the cases of tax evasion involving the HSBC bank that were discovered by the French. Capital was being held in Switzerland and other countries by people from different countries who were evading tax. The government likes to brag about recovering money, but it is dead-set against prison terms for individuals who defraud the people of this country in this way.

That is unacceptable. Our constituents work too hard, or have worked too hard, if they are retired. Yet today we learned in the news that the French discovered that Canadians were evading taxes. We learned this through the news. It took a report from the CBC for this government to wake up. In fact, it had not decided to investigate Canadians who were evading taxes by putting their money in Swiss accounts. The Conservative government realized that it had no political choice, since it is a minority government, and could be defeated any day. As soon as there is a crisis on the horizon, the Conservatives try to put out the fire. That is what they did by trying to recover the money, but they forgot that tax evasion by a citizen is a violation of the Criminal Code.

Someone who is accused of stealing a litre of milk from the corner store must pay for the milk and face criminal charges. So I do not see how someone who diverted hundreds of thousands of dollars from Canadian tax authorities could simply walk away by writing a cheque and facing no criminal consequences.

That is how the Conservatives work. They are trying to destroy the traditional economy, as they did with the forestry sector, and open up new markets with tax havens like Panama. We have never supported that; we will not support it today; and we never will. We will always be against the way the Conservatives, supported by the Liberals, choose to govern by taking away from the poor to give to the rich.

Canada-Panama Free Trade ActGovernment Orders

October 20th, 2010 / 3:40 p.m.
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NDP

Jim Maloway NDP Elmwood—Transcona, MB

Madam Speaker, at the beginning I want to make a Hansard correction on behalf of the member regarding Bill C-46 because in his black list of countries with tax haven status he had mentioned the Dominican Republic, but he had meant to say Dominica, so I want to correct that on his behalf.

I think it is very interesting on the difference in approach on the issue of tax havens between France and Germany vis-à-vis the Canadian Prime Minister.

In France, the French government drew up its list of tax haven countries and it was very proactive. It applied taxes against these companies that do business in Panama. It taxed their dividends, service fees, royalties and interest paid.

What does the Canadian government do? Exactly the opposite. It waits until an employee of a Swiss bank turns over bank records to the French government and now we have the Prime Minister going cap in hand to Switzerland to talk to the Swiss finance minister about getting more information from Switzerland.

Revenue Canada has been given the list of these Canadians who have been investing in the tax havens, and guess what Revenue Canada does? It gives them an amnesty. There is a totally different approach. We have a very soft approach whereas the Germans and the French have a very tough approach.

I would like to ask the member--

Canada-Panama Free Trade ActGovernment Orders

October 20th, 2010 / 3:30 p.m.
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Bloc

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

Mr. Speaker, I am pleased to be speaking on behalf of the Bloc Québécois about Bill C-46, particularly about the amendment proposed by an NDP member.

To begin with, I would like to say that the Bloc Québécois will support this amendment because it means that debate about the bill will be delayed, potentially killing it. We are against this bill, and we said that during the first debate.

It is important to reiterate that the Bloc Québécois opposes this bill mainly because Panama is a tax haven, a country that promotes tax evasion. It is unbelievable that the Conservative government, supported by the Liberals, wants to conclude an agreement and adopt a bill to implement that agreement with a country that promotes tax evasion, when we have seen over the past two or three weeks that rather significant capital belonging to Canadians had been transferred to the HSBC Bank in Switzerland. In essence, this constitutes a form of tax evasion. The government tells us that it has started recovering some of the money, but it is a double standard. On one hand, it says it wants to recoup this money but it is not going to great lengths to do so, and on the other hand, it wants to conclude a trade agreement with Panama, a country that openly promotes tax evasion and is on the OECD grey list of tax havens.

France, among other countries, has taken very serious measures to fight tax evasion. French parliamentarians believe that this type of tax evasion absolutely must stop. They have taken measures to impose more taxes on companies that want to set up in known tax havens. France has established a black list, which was published in February 2010. It includes a number of Latin American and Asian countries, Anguilla in the Caribbean, Belize in Central America, Brunei in Asia, Costa Rica in Central America, Dominica and Grenada in the Caribbean, Guatemala in Central America, the Cook Islands and the Marshall Islands in Oceania, Liberia in Africa, Montserrat in the Caribbean, Nauru and Niue in Oceania, Panama in Central America, the Philippines in Asia, Saint Lucia and Saint Vincent and the Grenadines in the Caribbean. Panama is clearly on the black list of countries that promote tax evasion.

In Canada, we have a government that wants to promote trade with a country that has been blacklisted by other countries for promoting tax evasion.

We are short on money, and the government says we have a massive deficit. And yet it wants to negotiate and sign agreements with countries that promote tax evasion. These agreements will favour businesses and individuals that invest in these countries in order to pay less in taxes. That makes no sense, and is a complete contradiction.

The Bloc Québécois is not against free trade agreements. On the contrary. We have often said this. The Bloc Québécois was the first party to introduce the idea of an agreement with the European Union. We were in favour of a free trade agreement with the European Union, and these negotiations are now under way. We are absolutely not against trade agreements. Take NAFTA, for example, which Quebec fully supported.

What we are saying is that we must take advantage of the globalization of markets to try to level the playing field with trade regulations, to ensure they are fair for workers in other countries and workers here, for the different companies and for the environment. We must ensure that free trade agreements are not signed at the expense of the people of another country, of their environment or ours. We must look at the measures beforehand, instead of rushing to sign agreements, which only leads to serious repercussions in terms of the environment and labour rights. It is quite possible that these agreements would be better negotiated from a multilateral perspective.

What we are saying is that yes, we must be open to trade, but not just any old way. We believe that in order for trade to be mutually beneficial, it must first be fair. A trading system that results in exploitation in poor countries and dumping in rich countries is not viable. There is a downside, as I just mentioned. The Bloc Québécois will never tolerate a system of free trade that would result in a race to the bottom. We worry that an agreement like the free trade agreement with Panama will result in a race to the bottom.

The absence of environmental or labour standards in trade agreements puts a great deal of pressure on our industries, especially our traditional industries. It is very difficult for them to compete with products made with no regard for basic social rights. The Bloc Québécois believes that child labour, forced labour and the denial of workers' fundamental rights are a form of unfair competition, just like, or even more than, export subsidies and dumping. Prohibition of these practices is widely accepted at the international level, as reflected by the large number of countries that have signed the International Labour Organization's eight fundamental conventions. We must have a way to protect ourselves against such practices. We need an overall vision, a policy geared more to multilateral than bilateral agreements.

Trade agreements and trade laws do not protect our businesses and our workers from this social dumping. If a country wants to benefit from free trade, in return it has to accept a certain number of basic rules, with regard to social rights in particular. Environmental organizations and human rights groups have been concerned about this issue for a long time. More recently, though, it has become a major economic issue. Quebec has proportionally more industries threatened by competition from Asia than the rest of Canada. Quebec is at the forefront of this debate.

In closing, the Bloc Québécois is urging the federal government to revise its positions in trade negotiations in order to ensure that trade agreements include clauses ensuring compliance with international labour standards as well as respect for human rights and the environment. In their current form, side agreements on minimum labour standards and environmental protection lack a binding mechanism that would make them truly effective. The Bloc Québécois believes that if Canada wants to have credibility on this front, it should immediately sign on to the International Labour Organization's fundamental conventions against various forms of discrimination, forced labour and child labour, as well as those in support of the right to organize and collective bargaining.

Once again, we will support the amendment put forward by the NDP so that, ideally, this bill will eventually be withdrawn.

Notice of Time Allocation MotionCanada-Panama Free Trade ActGovernment Orders

September 30th, 2010 / 4:55 p.m.
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Ottawa West—Nepean Ontario

Conservative

John Baird ConservativeLeader of the Government in the House of Commons

Mr. Speaker, an agreement could not be reached under the provisions of Standing Order 78(1) or 78(2) with respect to the second reading stage 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.

Under provisions of Standing Order 78(3), I give notice that a minister of the Crown will propose at the next sitting a motion to allot a specific number of days or hours for consideration and disposal of proceedings at the said stage.

Canada-Panama Free Trade ActGovernment Orders

September 30th, 2010 / 4:35 p.m.
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NDP

Don Davies NDP Vancouver Kingsway, BC

Mr. Speaker, it gives me a great deal of pleasure to speak to Bill C-46, the Canada-Panama bilateral free trade agreement.

We all know that in August 2009, the present government concluded negotiations with the Republic of Panama for a comprehensive free trade agreement designed to augment a previous agreement, the foreign investment promotion and protection agreement, called FIPA, that was signed between the previous Chrétien Liberal government and the Panamanian government in 1998.

The agreement before the House for debate includes service trade liberalization, principles and government procurement provisions, as well as one of the government's favourite processes, which is to sign side agreements on labour co-operation and the environment. I will say that we New Democrats are proud to say that those two things ought to be in the main text of any agreement, not in a side part of any agreement.

On September 23 of this year, the minister tabled the implementing legislation, Bill C-46. It behooves us to review the four main components of this, which include: free market access in goods and services, and that includes government procurement; investment protection provisions; labour agreement sections; and then an agreement on the environment.

I hasten to point out that we in the New Democratic Party are all eager to support trade agreements that benefit a majority of Canadian workers, farmers, small businesses and consumers. We all want trade agreements that work to achieve the larger societal goals of economic justice, poverty alleviation, healthier communities, pollution reduction, human rights and a healthy environment.

Unfortunately, my review of this documentation and the facts that surround it lead me to conclude that the Panama free trade agreement does not meet these goals.

I will review a couple of general thoughts before I go into some of the details.

First, it is important to point out that this deal is not about trade. I hear many members on the other side of the House comment that if one opposes this deal, one must therefore be opposed to trade. That is simply a red herring and it is a strawman argument. That is not the case at all and anybody who has any intellectual honesty will recognize that at once.

Canada trades with many countries of the world. We trade all the time. We trade with Panama and have been for a long time. The statistics that we have covered many times in this House show that we have an annual trade allotment of about $140 million a year with Panama. That is a small amount, of course, but it shows that trade is going on between the two countries.

Trade goes on between Canada and many countries.

The issue before this House is one of to whom we should advance the preferential concept of free trade. Let us pause and just reflect for a moment about what free trade really means. Free trade means the mutual elimination of tariffs on goods and services between the two countries. It allows goods and services to flow across the border into each other's country with no duties whatsoever attached to them.

In my view and in the view of the New Democratic Party, we have to take a very considered and judicious approach when we consider to whom we should advance such a powerful and preferential concept as free trade. We should decide very carefully with whom we will have this relationship because, of course, these agreements do not operate in a vacuum. They do not operate in theory. They have tangible, practical effects that would actually affect the lives of Canadian businesses and consumers.

I want to talk a bit about why I personally oppose this agreement.

First, there is the concept of understanding Panama's current labour situation. This past July there were reports of a new wave of anti-union repression in Panama. This resulted in several workers killed, over 100 injured and over 300 trade unionists arrested, including leaders of the SUNTRACS and CONATO trade unions.

This followed the government of Panama's reaction to protests against new legislation that restricted the right to strike and freedom of association, and that sought to enact provisions that would lead to jail for up to two years for any workers who took their protests to the streets. I am going to pause here. That is a country which, this past summer, enacted legislation that said it would jail its own citizens if they protested a governmental action peacefully in its streets.

I have heard some talk about how Panama is an emerging democracy. I have not heard any member of the opposite side explain how a government that is pursuing legislation that jails its citizens for expressing their views in their communities is a country with which we should hasten to do business.

The fact that that happened while this negotiation was going on, I would argue, does not bode well toward thinking that any labour protection that is in this agreement would provide any real protection of labour rights in Panama, as it lacks any effective mechanism for enforcement and the Panamanian government, quite clearly, intends to ignore it. Despite what it may have said or paid lip service to, its actions this past summer certainly cause one to think that its actions may not be consistent with its words.

According to the OECD, Panama is an offshore banking centre and is considered one of the most notorious tax havens in the world. Nothing in this agreement deals with the tax haven or the lack of transparency issue. A NAFTA-style free trade agreement would broaden the effects of FIPA and increase the corporate incentive for tax evasion. It would also provide multinationals with additional tools and incentives to challenge Canadian regulations.

I am going to talk for a minute about why that might be important to us on a societal level as opposed to on a financial level.

I am the New Democrat critic for public safety. I am engaged in many discussions with all members of this House, but particularly with my hon. colleagues on the government's side, about the need to have safe communities. I have done a bit of research on this issue. I would like to share that with my colleagues in the House and I hope they will pay attention to what I am about to say.

I did some research through the Library of Parliament and found out that a study was done and it was published this year by Cornell University, not by a trade union group or a left-wing think tank. This is an academic study that was published by Cornell University. It quotes research which says that some 75% of all sophisticated drug trafficking operations use offshore secrecy havens. The studies also show that drug money, and not the Euro market, was the principal cause for the phenomenal growth of the Caribbean havens in the 1970s and 1980s.

The study says that it is evident to all who have studied the offshore banking business that the growth has been fueled by the phenomenal increase in cash from the U.S. drug trade. Of the criminal cases identified by IRS investigations, that is the Internal Revenue Service in the United States, from 1978 to 1983 that occurred in the Caribbean, where, I would point out, Panama is located, 45% involved illegal transactions derived from legal income, that is tax evasion and otherwise legitimate trade. In the other 55%, illegal income was involved and 161 cases dealt with drug traffic. Of those, 29% involved the Cayman Islands and 28% involved Panama.

The government, stands in this House every day and lectures everybody sanctimoniously about caring for communities and cracking down on drug trafficking, just proposed in this House a free trade agreement with a country that is the number two launderer of drug money in the Caribbean. I have not heard any member say anything about that. The government wants free trade with drug traffickers. Of course, anybody who reads the paper would have known that, because Manuel Noriega, the ex-president of that country, is still serving time in jail after being convicted of massive narco-crimes.

That is the country with which the government wants to hasten to sign a free trade agreement and says that we are just opposed to trade. No, we are not. I am opposed to trade with drug havens and tax evaders, where drug money from drugs sold on the streets of the United States and Canada ends up in Panama, gets laundered and sent back here, and the government wants to make it easier.

I read something else that I want to share with my hon. colleagues. I read what this agreement does. Under the investment transfer provisions of this free trade agreement, it specifically says that nothing should impede the transfer of funds, either into or out of each country, from investments covered by this agreement.

Therefore, money between Panama and Canada under this agreement would actually flow without any controls whatsoever. Has anybody considered that if we sign this agreement, we will be making it easier for drug money to flow between these two countries? Are there any facts I have stated that any member in the House would dispute? Do they dispute that Panama is a known tax haven? No. Do they dispute that drug and narco-traffic occurs in Panama and it is one of the major sources for that in the Caribbean? No, I do not hear that. Do they dispute Cornell University academic research? I would be interested to hear their arguments about that.

I also want to talk a little bit about agriculture because I heard some members opposite talk about how this agreement would be good for farmers. When I read this agreement, it states that Canada would not eliminate over-quota tariffs on supply managed goods such as dairy, poultry and eggs. Additionally, Canada would not eliminate its tariffs on certain sugar products. Therefore, when it comes to dairy, poultry and eggs, this agreement does not even deal with that issue.

Nothing in this agreement will affect tariffs between the two countries on those issues at all. It is a complete red herring to mention that this agreement has anything to do with increasing or improving the lives of farmers because the agreement does not cover it. It retains the tariffs. If members want to sign an agreement that removes tariffs, they can do that, but this one does not.

Canada-Panama Free Trade ActGovernment Orders

September 30th, 2010 / 4:05 p.m.
See context

NDP

Malcolm Allen NDP Welland, ON

Mr. Speaker, I am pleased to join in this debate. I see my friend the parliamentary secretary is here today and participating in the debate. I appreciate that. The member fromCrowfoot has been here all day.

Let me acknowledge to both my colleagues, who have said that we in the NDP oppose only the trade deals that the government brings forward, that they are right.

Let me tell the House why. First, we are not debating trade policy. Bill C-46 is “An Act to implement the Free Trade Agreement between Canada and the Republic of Panama”. It goes on to talk about environmental and labour side-agreements. We are not talking about debating trade policy from the perspective of what we want to see in that policy. We are talking about how to implement trade policy, how to nip around the edges and tinker with this piece or that piece, adding a word here and deleting a sentence there. Fundamentally, what we are looking at is free trade, full stop.

I would say to my colleagues that if they truly want to debate trade policy with New Democrats, or with me, a member who attends the trade committee 80% of the time, then I would suggest that we debate trade policy. Let us not debate implementation of free trade, which is a fait accompli. The government is not interested in talking about trade. It is interested only in talking about free trade. Free trade is one of the many aspects of trade policy: whether it is called fair trade, which I would suggest is significantly different from free trade; whether it means trade agreements like those we see in the Mercosur that Brazil has with its neighbours; or whether it is EU trade through the EU trade division. There are a great number of agreements across this globe that we have neglected to look at because are fixated on free trade.

Why we are fixated on only one aspect is beyond the comprehension of this member. Ultimately, when we look at the stats for those who are trying to work in this country, we see the poor staying as poor as they were, getting no further ahead.

Brian Mulroney said that this country would never be recognized again if we implemented free trade. So he did. He was right. We do not recognize this country.

Members can come down to Welland and take a look at where this policy, with its promise of the return of manufacturing and replacement jobs, has now taken my town. In 13 years, in terms of earnings per worker in Ontario, it has gone from third highest to almost the lowest, courtesy of free trade.

Of course, the government and the Liberals would have us believe that we were winners under the free trade model. What do we see for middle-income workers? Their income has come down 5% over the last 15 years.

I am not sure how mathematicians make minus five a plus. I know in the old days minus five and minus five gave plus 10. All I know is that when a person has a job that used to pay $22 an hour and now that person is working for $14 and the person's mortgage is still the same, that person is not better off, but worse off. If that is the minus 5%, then workers in my riding did not benefit from free trade. Yet we insist on talking about it.

The Liberals insist that we are in the way and will always vote against it. Of course we will, because it does not help workers. It does not help average Canadians. It does not help the middle class. It only helps 1% of the richest folks in this country, who are getting richer and richer by the day.

The government and the Liberals seem to have a red-blue alliance. We might call it a coalition, but they have not formalized it yet. I would encourage both parties to bring forward an open trade debate, so that we can talk about different trade policies. Let's see if we cannot find a way to make Parliament work. Let's see if we can compromise and find a trade policy that works for everyone across this country.

Ultimately, it is not about building trade policies for Panama, Colombia, Jordan, or anywhere else in this world. It is supposed to be about Canadians. We are supposed to develop trade policy that benefits Canadians. That is who we represent. We do not represent Panamanians, or Jordanians, or Colombians. Our role is to protect our citizens, and part of that protection is the viability of the economy. Canadians need work. When folks are not working, they are either unemployed, on social assistance, or out on the street somewhere. Our responsibility is to ensure that this does not happen to them.

I would encourage the blue-red alliance to come forward with a debate about trade policy. Then we can move away from this fixation of one-size-fits-all. We are told that we are all doing well. But we are not doing well at all.

The rebuttal will be that this is not true. I invite members to look at the StatsCan reports and read the quintiles, as it calls them. They show where folks are in the economic scheme of things. It is ironic that when the Minister of International Trade spoke at an event organized by the Fraser Institute, the Vancouver Sun said that the trade minister “appeared amused at the diplomatic necessity of avoiding the term “free trade” when negotiating with the Europeans”. This from a government that comes in the House and waves the flag of free trade and says all is wonderful. Yet when the minister goes to Europe, we have to call it a “comprehensive economic trade agreement”. Why is that?

If the government is certain that free trade is the be-all and end-all, then why can't the minister go to Europe and say that, although it might not translate well into French, German, or Belgian, the bottom line is that free trade is wonderful and we should simply call it what it is. Maybe it is because the Europeans do not agree that free trade is the be-all and end-all, and they want to talk about something else instead. This raises an interesting question. If this is the case for the bigger group, why not for those elsewhere?

As we look at the free trade policy, we see, starting in 1995, the gutting of manufacturing in the heartland of this country. Anyone who does not believe it should come to the auto sector today. St. Catharines had 11,000 workers in 1993; now it has 1,800. Where did those jobs go? The vast majority went to Mexico. In 1990, General Motors employed about 2,500 workers in Mexico. By the late nineties, there were some 40,000. There were less than 20,000 in Canada. It used to be the reverse.

When we opened up free trade in the North American Free Trade Agreement, we saw an outpouring of manufacturing jobs by multinationals in Ontario and Quebec. Those of us who live there, who represented workers, and who represent workers today have continued to see it. Whether it is the manufacturing of automobiles, steel, or chemicals, that is the way free trade has been for workers. If they have kept their jobs, they have seen their wages decline. They are told they must compete with Colombians, Panamanians, Mexicans, and everywhere else that fell under free trade. Companies told workers that if they could not compete with them, their jobs would be moved.

In 2008, just prior to the last federal election, a John Deere subsidiary went to workers during bargaining and said they had to deal with free trade. I know this to be true, because it is my union that represents those workers.

The company told those workers that they needed to understand that it could be moved to the States or Mexico. The subsidiary told the workers that they had to bargain a collective agreement that showed an understanding of free trade.

The Canadian Auto Workers is a responsible union. My brother from Quebec knows this; he is a Quebec director. He knows how responsible that union is.

In 2007, we bargained a responsible agreement with John Deere that said we would protect those workers. We would make sure they were not affected by free trade and that they had offsets for the company.

What did the company do in 2008? The company closed the plant, moved to the United States and Mexico, and destroyed 800 families. What did the company get in that one year period? It managed to pay lower wages, lower pensions, lower benefits. They got a cut rate for a year and then they deserted the community and the workers.

We saw the same thing at Atlas. We saw the same thing when it came to UCAR. We saw it right across the manufacturing heartland of this country.

Free trade does not work for workers, period. It does work for some folks who bleed workers dry and then discard them.

The most recent example of how free trade works is J.M. Smucker's, a big multinational company out of the United States. It just closed.

Those who like Bick's Pickles should know that as of next year a Canadian-made Bick's pickle will not be available. The plant will be closed in 2011. What will that mean for 150 workers at Bick's? It means they will have no job. What will this mean to the hundreds of farmers in southern Ontario who supply the ingredients for these pickles: the cucumbers, the tomatoes, the onions, the cauliflower? It means they will have no market for their goods. What will they do? I guess my friends on the other side will tell them that it was free trade and it was good for them.

As we move products to free trade regimes that do not have the same food inspection standards, will we know what we are buying? The CFIA's audit says we will not know what we are getting, because there is no common standard of inspection from country to country. We have equivalency inspections with a few countries in four significant areas, but pickles is not one of them.

For those who enjoy the Bick's Pickle brand, after November 2011, I would suggest they check the label. The ingredients will not be Canadian. I would suggest checking where they come from, because they might not have gone through the same inspection equivalency. That is shameful, but that is what free trade gives us.

Is that really what Canadians are asking for? In my constituency, the answer is a resounding no.

Workers get the message on free trade. They are either working for less than they did before or they do not have a job at all.

The Conservatives keep foisting this red-blue alliance on the workers of this country. The whole thrust is that free trade is good for them, when the evidence clearly demonstrates that it is not. They are worse off than they were in 1995. It is an abomination. I do not understand how anyone can stand up and try to tell us that things are better, when those of us who represent workers know that it is not true.

Why do we do this? I am not sure. I have sat on the international trade committee for the best part of a year, and I have yet to hear a compelling argument, unless we are talking about protecting the wealthiest folks in this country and allowing big corporations to do whatever they want. If that is the argument, fine. I understand that, because it works for them.

Free trade clearly works for large multinational corporations. It works for those who service them, like trade lawyers and accountants. Large corporations need a support system to keep them alive. Ultimately, those businesses are doing okay. But the workers inside those businesses are not doing well.

So in this whole sense of keeping on doing the same old, same old, one would have thought that after we got beat up on chapter 11 from a number of places we would want to strike that out. But, no, we keep leaving it in there, the old chapter 11 under NAFTA, not chapter 11 necessarily in this agreement, not the same chapter but basically the same deal. So we can have a company such as AbitibiBowater that sues us for 130 million bucks and we give it to them. Ultimately, that is what we end up with.

Let me just give folks some background about how I used to bargain agreements and what it means when we have a side deal. When the employer and the bargaining unit sit down, the reason they do a side deal is that they actually do not want folks to find it well. That is really what it is about. That is why we do a side deal, because if we were really serious about making sure it was important to us, it would be in the main body of the agreement. That is where the important stuff is, between the first page and the last page, not stuck on the back or stuck off to the side.

Yet, again, even though we had this debate with the free trade agreement between Colombia and Canada on the importance of these international agreements for the environment and with the international labour organizations about labour, as much as our entreaty to the government was that these were hugely important and they should be back in the centre of the agreement, what happened this time? They were off to the side again, with no sense that maybe it was really important and it could be put inside the agreement, built inside. Clearly they do not believe that they are important enough to include in the agreement.

I know some folks will say that it does not really matter because they are there. It does matter. That is why we do the things we do, that is why we include things in a certain order, that is why we have definitions, that is why we have collective bargaining, that is why we do collective agreements, or that is why we do contracts. Lawyers who do them will tell us that it is important where we place them.

What do we see inside the labour agreement? We actually see the ability of the corporation to get arbitration through the Patent Act. However, through the labour agreement, which is a side deal, if workers in Panama want to go to arbitration, they cannot. Think about that. As a worker in Panama, if one cannot get to arbitration, why not? It is a fundamental right, it seems. That is something that we ought to do. Yet we are still not encouraging them to follow through so workers can actually get to a place where they can perhaps seek some form of redress, some form of justice.

If that is the case, why would we not make sure that those side agreements on the environment and on labour are struck right in the middle? Fundamentally, why do we not just simply have a debate about trade? Maybe if we did that we might find some sort of an agreement, not just with the red-blue alliance but perhaps all the way through with a multicoloured approach.

Canada-Panama Free Trade ActGovernment Orders

September 30th, 2010 / 3:45 p.m.
See context

Liberal

Mario Silva Liberal Davenport, ON

Mr. Speaker, as a member of the international trade committee, I am pleased to speak on behalf of Bill C-46, the Canada-Panama free trade agreement. As we will be studying the bill in committee, I think it is very important to listen to the debate and the concerns of members in the House. However, it is also important to get the bill to the committee so that we can hear from our constituents, from the communities that are concerned, and from different stakeholders. I think the appropriate way to deal with issues of concern in the House is to have the committee study, consult, meet with our stakeholders, and have a full discussion. That is why I am supportive of the bill, but there are also many things I believe very strongly we should be pursuing as we move forward with this particular agreement, which Canada entered on May 14, 2010.

As we are all aware, Canada is a trade dependent nation. Although 70% of our trade is with the U.S., there is a growing need for us to diversify our trade with our partners throughout the world. The Americas are a growing market. They are our neighbours, and it is an area we have to focus on. We have, over the last few years, been focusing on the Americas.

Mr. Speaker, 80% of our economy depends on access to foreign markets for Canada's exports. I support this initiative, because I think it will improve Canadian businesses' access to these different markets.

In 2009, we exported about $90 million in goods to Panama, and we imported about $40.7 million. Bilateral trade in total was about $132 million. It is small. Panama is a country of a little over 3.3 million people, and it has a relatively small GDP of about $38 billion. However, it is an important country in that region, and not just because of the strategic importance of the Panama Canal and the investment that has been made in the Panama Canal. It is also a hub for business in commerce. It is a stable country and is a partner with Canada.

We have to recognize the fact that Panama, given its long, turbulent history, has become, over the years, a very stable and progressive economy, and it is looking for partners throughout the world. Certainly other countries have made inroads into Panama. It is only fitting that Canada, as well, would want to be a partner in that economic growth.

I would say that the growth in Panama has been nothing but phenomenal. The GDP grew by about 10.7% in 2008. That was one of the highest in the Americas. The projected rate of increase for the GDP this year is about 5.6%. These are impressive numbers given what has happened globally during the incredible economic crisis facing the world. We see a country that has really withstood the recession and the economic crisis and has moved beyond and exceeded most developed countries. We are very pleased to see that a country like Panama, in which we have taken an interest, is doing extremely well. It bodes well for the future of Panama and for our trade agreement, which can grow and provide our businesses in Canada with access to Panama.

I just want to focus on some of the issues that will be of concern and that need to be raised, particularly in terms of the issues that will be affected by this particular trade. The primary Canadian merchandise exports to Panama include machinery, vehicles, electronic equipment, pharmaceutical equipment, pulses, and frozen potato products. Canadian service exports include financial services, engineering, and information and communication technology services. Merchandise imports from Panama include precious stones and metals, mainly gold; fruits and nuts; and fish and seafood products.

There are a variety of different products we would engage with. As I said, it is a relatively small economy, but it is one that is growing. We need to ensure that we are part of that growth and that Canadian businesses share in the profit from that growth.

The Panama Canal is at the moment going through a major investment. It is a passageway for thousands of vehicles each year and plays a tremendous role in international commerce and the world economy. It is a vital, strategic canal that is expanding. It is slated to be completed in 2014. That project alone is an $5.3 billion expansion.

It is expected to generate opportunities for Canadian companies in construction, environmental engineering, and consulting services for capital projects. We have a great opportunity to play a major role in the expansion of the canal. Canadian companies can have a stake and would profit from this particular expansion.

Some of the issues that will be covered by this free trade agreement with the Republic of Panama include market access to goods and cross-border trade in services, telecommunications, investment, financial services, and government procurement. These are some of the basic issues we will be dealing with.

The deal will have the added benefit of eliminating about 99% of tariffs on current imports from Panama. It 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.

As several members in the House have stated, there are also side agreements on both labour and the environment. These agreements would be signed with the Republic of Panama. They will cover issues such as the right to freedom of association, the right to collective bargaining, the abolition of child labour, the elimination of forced or compulsory labour, and the elimination of discrimination. These provisions in the side agreements that would be signed by the two countries would in many ways ensure that both Canada and Panama have a stake in the development of human rights and labour rights in that country. We would be a partner to make sure that they were in compliance with those international obligations. Canada would not just be signing a free trade agreement with Panama. As a country, we would also have a duty and an obligation to make sure that the particular provisions that specifically deal with labour and environmental issues are, in fact, enforced. This is not just a moral obligation; it is a legal obligation on the part of Canada to ensure that if this agreement is enacted, those provisions will be looked at.

Although I support where this is going, I think we need to move forward with more robust and comprehensive free trade agreements with some of our larger partners, and not just the European Union, with which we are presently negotiating. The European Union is a very important market, and there is probably very broad support in the House to move forward with that agreement.

There are also countries that play a major role internationally. Two I would like to speak about are Brazil and India. They are important partners for Canada, and we need to move forward with some type of free trade agreements. Brazil, as we know, is a dynamic and growing economy in our hemisphere. It has a very young population and a large and growing middle class. It will also be hosting both the Olympics and the World Cup.

There is an incredible boom of investment in that country. Over the next 10 years, it will be over $100 billion. We would like to be there to ensure our construction contractors, engineering companies and different sectors of the Canadian economy play a major role with the growth in that economy. Not only stadiums and new facilities are being built, but a fast-rail link and a new metro system is as well. There is incredible opportunity for us to show Canadian know-how in a very dynamic country like Brazil.

India is the largest democracy and Canada has a very large Indian diaspora. India is growing, not just in south Asia, but across the world. It has a major influence in buying companies, certainly in the area of high technology and engineering. It is playing a major role internationally and we are very proud to see the success of that country.

India is a partner of which Canada is very proud. Yesterday the minister mentioned that he had an opportunity to meet with his Indian counterpart last Friday in Parliament. I believe he had an opportunity to discuss the possibility of some type of free trade agreement in the future. I would encourage Canada to move in that direction.

I mention those two countries because they are very large and substantial countries. We need to move forward beyond agreements with important countries but small ones. We are talking small in comparison to Brazil and India. We have signed other deals with Chile and we are now looking at Jordan. These are important countries, but nothing to the size and scale of those two superpowers of both Brazil and India.

This is where we as parliamentarians have to make a decision. I do not see what good would come out of a delay of six months to be honest. The appropriate thing to do is to move this forward to committee so that I, as a member, and other members of the committee have an opportunity to hear from stakeholders. That is the reason why I would like to support the bill and move it forward. I encourage other members to do so.

The time is now. I do not think by delaying it six months, I do not think much can be achieved. The appropriate place to raise these issues is at the committee level. There is a lot here that I have already raised and enunciated from this agreement, which merits it going forward to committee.

Canada-Panama Free Trade ActGovernment Orders

September 30th, 2010 / 3:15 p.m.
See context

NDP

Bill Siksay NDP Burnaby—Douglas, BC

Mr. Speaker, I am pleased to resume my remarks on Bill C-46.

I was going to provide a description of the current situation of trade between Canada and Panama. As of 2007, the two-way merchandise trade between Canada and Panama totalled a modest $149 million, including $128 million in exports from Canada to Panama, and $21 million in imports to Canada from Panama. Panama at the time was Canada's seventh largest export destination in Central America and the Caribbean and Canada's 12th largest source of imports from that region.

As for the export category, what Canada sends to Panama, the key piece in the last years has been flight simulators and parts. Next would be medications and other pharmaceutical products, then machinery and equipment and electrical/electronic products, followed by agricultural goods and food products, malt, pulses, potatoes and meat, and finally paper products and aircraft.

The imports that Canada received from Panama in 2008 were heavily concentrated in a couple of areas. The key one was crude oil and refined petroleum products. In 2008 more than one-half, 55% or $11.7 million, of Canada's imports from Panama consisted of refined heavy oil. In recent years crude oil has made up as much as 86% of Canada's imports from Panama. After crude oil and refined products imports, Canada has imported small amounts of tropical agricultural products such as bananas, melons and coffee and some silver ore. Those were the key imports from Panama to Canada.

Panama is not a major destination for Canadian direct investment abroad. Canadian direct investment in Panama totalled $111 million in 2006, falling from $143 million in 2005. Panama's modest source of direct investment in Canada with foreign direct investment stocks was $50 million in 2008. With regard to services, trade in services between Canada and Panama is negligible.

That gives us some sense of the trade situation currently between Canada and Panama. It is not a big player in terms of our export business, or imports to Canada.

There are some particular problems with the deal between Canada and Panama that we are being asked to ratify in Parliament. One of them is labour standards. We have heard a lot about that in the debate so far.

Panama's record on labour standards is not great, to put it mildly. The International Labour Organization, the ILO, has raised concerns about whether workers in Panama's export processing zones actually have the right to strike, even though unions and collective bargaining are permitted. The laws establishing and regulating these export processing zones in Panama do not include arbitration or specified procedures to resolve labour disputes. There are some problems with the existing labour laws in Panama and they need some attention.

Furthermore, there has been a record of violence against union organizers, union members and labour leaders in Panama. Labour leaders have been assassinated while demonstrating and working for workers' rights. Notably, in 2007 two members of the construction union were killed. Just this past summer anti-union repression escalated in Panama with the result that several workers were killed, over 100 were injured and 300 were arrested. There is a serious problem with anti-union and anti-worker violence in Panama.

This free trade agreement with Panama would provide a maximum government fine of $15 million for labour violations to the side agreement on labour. However, these fines are likely to be very difficult to collect and even if they are collected, they are paid to a joint commission to improve labour rights enforcement in Panama, which could also allow them to be funnelled back to the government of Panama.

A fine for the violation of labour rights in this scenario is then to be used to help the government do what it should have been doing in the first place. It does not seem like much of a punishment for the failure to respect labour laws and workers' rights to be forced to pay oneself a fine, essentially, and do what one should have been doing in the first place. This is an ineffective mechanism to enforce this side agreement on labour that is part of this agreement.

In this House in the past, when we were debating the Canada-Colombia deal, we talked about the side agreement on labour but that deal amounted to nothing more than a “kill a trade unionist and pay a fine” kind of agreement. It seems that this deal is no different as it follows the same pattern as the Canada-Colombia deal.

There are very serious problems with recognizing labour rights, respecting the rights of workers in Panama and providing any effective mechanism to uphold what has been negotiated as a side agreement. As we have pointed out many times, if labour rights and the recognition of workers' rights in Canada and Panama are important to these deals, then they should be part of the main agreement and not hived off to a separate side agreement with ineffective enforcement procedures in place.

There is also a concern about child labour in Panama. Poverty is a huge issue in Panama. Many people have very low income; a dollar a day in many cases. The United Nations radio reported that 55,000 children have dropped out of education to go to work because of extreme poverty. That report came out earlier this spring. Many children in Panama are not in school and the prime cause of that is the need for them to go to work. They leave their education and go to work at a very early age.

The Panamanian government reports that 114,168 children between the ages of 5 and 17 are working in Panama, most often in agriculture. In a country of just over 3 million people, over 114,000 children between the ages 5 and 17 working because of the poverty in which their families live is a huge number. This has increased from 2008 when 89,767 children in this age group were working.

Clearly, the efforts that the Panamanian government have agreed to undertake to make universal education available to children and to ensure that child labour is no longer an issue in Panama is not working. The efforts to get children out of the workforce and into school are not working.

We need ask whether that is the kind of country with which we want to enter into a trade deal. Is that the kind of country that we want to reward with special trade arrangements when it is not making progress on this kind of very serious child labour issue?

We have also heard a lot of serious concerns raised in the debate about entering into a free trade agreement with a country that is a notorious tax haven and a centre for money laundering. Panama is regarded as a tax haven by the Organization for Economic Co-operation and Development, the OECD, as well as several other countries, including the United States. In 2008, Panama was one of 11 countries that did not have a tax information exchange agreement signed or enforced. Panama is one of only three states, with Guatemala and Nauru, that would not share bank information for any tax information exchange purpose.

This situation led the OECD, back in 2000, to blacklist Panama as an unco-operative tax haven. In response to being blacklisted, the Republic of Panama wrote to the Secretary General of the OECD in 2002 with a commitment to meet the OECD's standards for transparency and information sharing so that it would no longer be considered a tax haven. The OECD has responded to that commitment and, I think, has bumped Panama off the blacklist and onto the so-called grey list. However, Panama has not followed through on that commitment.

Panama has not, to date, substantially implemented the internationally agreed tax standard to which it committed in 2002. That standard would have obliged Panama to share information upon the request of other countries such that those other countries could effectively implement their domestic tax laws.

Panama has gone from the blacklist to the grey list with a commitment to improve things but has done nothing about making those improvements. I have to wonder whether or it is not destined to be back on the blacklist before too long.

This has been an issue for the American Congress, which is looking at a trade agreement with Panama as well, and where that deal has also been delayed because of problems with the deal. U.S. Congressman, Michael Michaud, put it this way. He said:

Panama's industrial policy is premised on obtaining a comparative advantage by banning taxation of foreign corporations, hiding tax liabilities and transactions behind banking secrecy rules and the ease with which U.S. and other firms can create unregulated subsidiaries. According to the State Department, Panama has over 350,000 foreign-registered companies.

The congressman points out a very serious problem with the legislation in Panama that allows it to be this kind of tax haven.

We need to ask whether we really want to be signing a trade agreement with a notorious tax haven and centre for money-laundering.

Again, the U.S. Department of Justice notes that Panama is a major centre for money-laundering related to the drug trade and in fact there have been very serious concerns raised about the Colon Free Zone in Panama being linked to trafficking of drugs and other illicit substances.

The International Monetary Fund notes that the Colon Free Zone is a centrally located transit area for drugs. It is a very serious accusation coming from a respected international agency and one that we should be taking into consideration as we look to negotiating a deal with this country, in a sense rewarding the country with this kind of deal. There is no doubt that the government of Panama will trumpet its success in obtaining a deal with Canada and, given the very serious problems, do we really want to make that something easy for it to do?

I think all Canadians believe that the wealthy and big corporations should not be able to avoid contributing their fair share to the development of this country. They should be paying their taxes. Should we be dealing with a country that makes it possible for them to avoid paying taxes by operating as a tax haven? I am sure that most Canadians would answer very clearly that it is wrong and that we should not be entering into an agreement with a country has not cleaned up its act on that score.

There is not a word in this agreement about the tax haven situation and not a word about correcting this failure to exchange tax information with other countries. Today in question period we heard the Prime Minister say, very clearly, that the government had no tolerance for tax havens. I have to say that we would not know it by the fact that we have this agreement before us. The government is proposing that we enter into an agreement with a well-known and notorious tax haven in the Republic of Panama and it has put this agreement forward without any mention in the agreement of dealing with that issue. It is a very serious problem.

New Democrats are not opposed to trade. We are not opposed to fair trade deals. We want to ensure that Panama meets its international commitments and that it continues to develop, but this trade deal is not the mechanism to ensure that. We are not talking about ending our relationship with Panama. We are not talking about ending the trade that exists there or looking for other opportunities to expand that trade. We are not talking about ending diplomatic relations with Panama. However, what we are saying very clearly is that this deal does not meet the kinds of standards that Canadians would want us to uphold. Canadians would want to ensure that it was a fair agreement for Canadians and for Panamanians. Unfortunately, this agreement does not meet the test and, therefore, we cannot support it.

Business of the HouseOral Questions

September 30th, 2010 / 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, I want to tell you that when the leader of the Liberal Party named the member for Ottawa South as the House leader of the Liberal Party I was asked many times, “How do you feel about this? Are you looking forward to working with him?” I said to each and every one of them that I was every bit as looking forward to working with the member for Ottawa South as I am sure he was looking forward to working with me.

In all seriousness I can report that the Liberal House leader and I are working well together. I am even working well with the Bloc House leader and with the House leader of the New Democratic Party.

We are all working hard to make Parliament work.

Today I can tell the House that we will be continuing debate on Bill C-46, the Canada-Panama free trade agreement, another key economic initiative as part of Canada's economic action plan, a plan to create jobs, build growth and opportunity for all Canadians across the country.

It is, though, with deep regret that yesterday I learned the NDP moved a six-month hoist motion on the Canada-Panama free trade agreement. As the House knows, the only purpose of moving such an amendment is to obstruct and delay the progress of important legislation.

On Friday, my good friends in the NDP moved a concurrence motion obstructing and delaying the passage of Bill C-22, protecting children from online sexual exploitation, another key part of our government's tough on crime agenda.

I say to my NDP friends, let us work together and make Parliament work. I hope we will not see any more of this.

Tomorrow, as the member opposite has said, we will be having question period and leaving early for the installation of the new Governor General in the Senate chamber.

On Monday, Tuesday and Wednesday of next week, the government will call the following bills for debate: Bill C-22, protecting children from online sexual exploitation; Bill C-21, standing up for victims of white-collar crime; Bill C-30, the response to the Supreme Court of Canada decision in R. v. Shoker; Bill C-39, ending early release for criminals and increasing offender accountability; Bill S-6, serious time for the most serious crime; and Bill S-9, tackling auto theft and property crime.

On Thursday, it is the government's intention to begin debate on the second budget bill, sustaining Canada's economic recovery act, just one more key economic action plan legislative initiative.

Canadians have told us they want us to focus on creating jobs, building growth and opportunity. They have told us that they want their government to have a robust legislative agenda, to get tough on crime, and that is exactly what we are delivering.

Canada-Panama Free Trade ActGovernment Orders

September 30th, 2010 / 1:55 p.m.
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NDP

Bill Siksay NDP Burnaby—Douglas, BC

Madam Speaker, I am pleased to have this opportunity to speak in the debate 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.

We are debating a motion that was proposed and moved by the member for Hamilton Mountain, the NDP labour critic, to delay consideration of the bill for six months, given the serious problems with it that she outlined in her speech yesterday. We usually call it a hoist motion, and if there has ever been a piece of legislation before the House that deserves to be hoisted off the agenda, it is this bill to implement the trade agreement between Canada and Panama.

Once again, we have before us a bilateral trade agreement that was presented to the House and Canadians with all kinds of claims about how good this will be for Canada and the Canadian people. Sadly, the reality is that in the past these free trade agreements have not done much for either Canadians or for trade.

There is a debate going on about the efficacy of these agreements. Studies are showing that more often than not trade actually declines between countries after bilateral free trade agreements have been signed. This has been shown to be the situation in the United States, with the agreements that it has signed. As champions of this method of improving trade around the world, the Americans will really have to struggle with that research.

The NDP international trade critic explained earlier today that, when we look at the value of Canadian trade in real dollars, factoring in changes in the value of the dollar, this lessening of trade is in many cases true for Canada as well, perhaps with the exception of NAFTA. Canadian trade exports to countries with which we have signed bilateral trade agreements have actually gone down after the agreements have come into effect. Costa Rica is a good example. And generally, there is no clear correlation between increases in exports and these so-called free trade agreements.

In addition, some people are arguing that our trade exports with the United States would have gone up regardless of the NAFTA agreement. Even with NAFTA, the grandpappy of all these agreements, there is some question about how well it did all the things that it promised to do. The benefits of these deals are highly overrated and oversold by the governments that have put them forward to the Canadian people and the House.

The reality is that the situation of Canadians has not improved with the signing of these free trade agreements, starting with NAFTA. Where is the prosperity that was promised every time we heard about one of these agreements? The incomes of the wealthiest 10% of Canadians have increased dramatically since the implementation of the NAFTA agreement, but every other income category in Canada has either stagnated or declined. These deals have not been good for middle-class Canadians. They have been a disaster for low-income and working Canadians.

There is a real problem with bilateral trade agreements, with seeking out specific trade agreements with specific partners around the world. There is also a serious problem with the effect these agreements have on Canadian sovereignty.

We have all heard about chapter 11 of the NAFTA agreement, which allows for the override of the democratic will of Parliament by corporate interests. We know that the same kind of provision is included in the deal we are discussing today. It has been included in other trade deals that have been brought forward since NAFTA, and we know that such a clause amounts to a serious diminution of the sovereignty of Canada. We have to protect our ability to make the laws that we need in order to ensure prosperity and success in our own country.

It would be great if the Conservative government spent as much time and effort promoting Canadian trade as it does in negotiating these questionable free trade agreements. It is remarkable to consider how little Canada spends on promoting Canadian exports around the world, compared with Australia or the European Union. There is probably more bang for our buck in trade promotion than in pursuing these kinds of deals.

Canada-Panama Free Trade ActGovernment Orders

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

Bruce Hyer NDP Thunder Bay—Superior North, ON

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

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

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

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

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

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

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

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

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

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

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

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

Let us talk about a few specifics.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Canada-Panama Free Trade ActGovernment Orders

September 30th, 2010 / 11:25 a.m.
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NDP

Peter Julian NDP Burnaby—New Westminster, BC

Mr. Speaker, I am saddened to rise in the House on Bill C-46, which could be more aptly called the drug pushers, money laundering act. It is absolutely shameful what the government has brought forward.

Panama is ranked as one of the top drug pushing, money laundering, tax havens in the entire planet. The Panamanian government has done nothing to resolve that. There is absolutely nothing in Bill C-46 to deal with the drug pushing and money laundering that the Conservatives are promoting. It also would do absolutely nothing to address the tax haven status.

People who watched CBC or heard Radio-Canada last night would have seen the impact of tax havens and money laundering and how that impacted on our social programs in Canada. It impacts how we as Canadians can deal with some of the fundamental issues.

This widespread money laundering and the use of tax havens so drug pushers and folks who earn money illegally can get around existing tax laws are not small issues.

Hard-working middle-class Canadians, poor Canadians, work very hard and they pay their taxes. They do what they must do as Canadians to support our society. Yet the Conservative government is going to shamefully sign an agreement with a drug pushing, money laundering tax haven paradise without even addressing one word of it in this agreement. It is absolutely shameful. It is a symbol of what is dysfunctional about the Conservative government on trade policy. The NDP is the only national party to stand up in the House against this completely dysfunctional trade policy of the Conservatives.

We have seen the kind of bills the Conservative have brought forward. They brought forward the softwood lumber sellout. As a result, two thousand jobs were lost in my riding. Tens of thousands of jobs right across the country were lost as the Conservatives deliberately shut down the softwood lumber industry. It was appalling and incompetent. People from the industry, except the CEOs who wanted to take their operations across to the United States, told the government very clearly that it would be disastrous. The NDP was the only national party to rise in the House and say that it would be disastrous. The Conservatives rammed it through, with the support of their Liberal cohorts, and we saw the results.

We saw the results with the shipbuilding sellout. Shipbuilding workers from British Columbia, Nova Scotia, Newfoundland and Labrador and Quebec all said that this would have a negative impact on the shipbuilding industry. As a result, hundreds of jobs have been lost in the shipbuilding industry.

In the springtime, after what was an appallingly ridiculous debate, the Conservatives and the Liberals pushed through the Colombia free trade deal, essentially putting an X on Canada's reputation of standing up for human rights.

This present deal would provide a stamp of approval on the drug pushing, money laundering, tax haven paradise. This deal says that it would be okay to do this kind of activity, that it would be okay to have whomever, Hell's Angels, drug pushers, getting around Canadian income tax laws by having their money in Panama. Panama has strict rules about ensuring that Canadian authorities cannot find out a wit about the illegal money laundering taking place. The Conservatives say that is okay.

Each member of the Conservative Party, each member of Parliament who has made a great speech about cracking down on crime, is now going to stand and give his or her stamp of approval to a government that has not cracked down on fighting money laundering and drug pushing, one of the worst in the world.

Canada-Panama Free Trade ActGovernment Orders

September 30th, 2010 / 10:55 a.m.
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Bloc

Claude Guimond Bloc Rimouski-Neigette—Témiscouata—Les Basques, QC

Mr. Speaker, I will first point out that I will be splitting my time with the member for Berthier—Maskinongé.

First of all, I would like to quickly go over the Bloc Québécois position on bilateral agreements. Make no mistake, the Bloc Québécois is not a protectionist party. Quebec exports 52% of what it produces, and our businesses, especially cutting-edge businesses, could not survive in the domestic market alone. Therefore, the Bloc Québécois supported the North American Free Trade Agreement, NAFTA, and was the first party to propose entering into a free trade agreement with the European Union. Clearly, our party supports free trade.

We believe that in order for trade to be mutually beneficial, it must first be fair. A trading system that results in exploitation in poor countries and dumping in rich countries is not viable. The Bloc Québécois will never tolerate a system of free trade that would result in a race to the bottom.

We know very well that the lack of environmental or labour standards in trade agreements puts a great deal of pressure on our industries, particularly our traditional industries. It is very difficult for them to compete with products made with no regard for basic social rights. We support a true multilateralism policy and not shameless profiteering without regard for human conditions and the environment, which all too often is the basis for these bilateral agreements that our Conservative friends and, for some time now, our Liberal friends want to negotiate. This Bloc Québécois position was eloquently presented yesterday by the member for Saint-Maurice—Champlain, and I would like to congratulate him on his apt remarks.

That said, the Bloc Québécois, as per usual, methodically examined Bill C-46, which would implement a free trade agreement between Canada and Panama. We do not support this bill because, for the most part, it does not reflect the beliefs and values of our party and Quebeckers.

Even though the free trade agreement signed on May 14, 2010, comes with a side agreement on labour co-operation, protecting labour rights remains a serious concern. Indeed, President Ricardo Martinelli's right-wing government passed Law 30, legislation that is considered anti-union, in June 2010. Quite simply, and as my hon. colleague from Saint-Maurice—Champlain explained so well, the law criminalizes workers who demonstrate to defend their rights. That cannot be justified.

We also know that Panama was shaken in recent months by crackdowns described as anti-union. Between two and six people were killed and about 100 were injured during violent demonstrations that were held after Law 30 passed in June 2010.

I have been a farm unionist for 20 years and I think we are fortunate to live here in Quebec and in Canada, in a democracy where we are not up against legislation like Panama's Law 30, which would bully us and prevent labour groups from raising their voices to improve their conditions. This is unacceptable. We are fortunate that we do not have to deal with such legislation and governments like Panama's that pass that kind of legislation in 2010.

As a member who comes from the labour movement, I naturally believe that workers' rights are universal rights, and no trade agreement—and I mean no agreement—should be entered into without absolute assurance that workers' rights will be respected.

Considering that in the present case we do not have that assurance, it is not possible for the Bloc Québécois to speak out in favour of this agreement.

We vigorously defend this position through our actions and our decisions. It is for that reason, among others, that we were able to support the Canada-Colombia free trade agreement.

Even though on August 5, the Panamanian government agreed to review this law, we nonetheless have cause for concern about the Martinelli government's true willingness to respect the International Labour Organization conventions. Why is the government in such a hurry to ratify this agreement? Should we not ensure that the Panamanian government is backing away from Law 30 before we make any commitment?

Something else that bothers the Bloc Québécois greatly is the fact that Panama is still on the OECD's grey list of tax havens. It is even on France's blacklist of tax havens.

While major European corporations are leaving this country because of its lack of banking transparency and its promotion of tax evasion, Canada wants to send its companies there. Does that make any sense?

Also worrisome is the fact that on the Finance Canada website on treaties and conventions there is no indication that Canada is negotiating an information sharing agreement with Panama.

We feel it is imperative that before concluding a Canada-Panama free trade agreement, the Conservative government, supported by the Liberals, sign an information sharing agreement with Panama. I hope the Liberals will support us on this. Nonetheless, this agreement must not exempt subsidiaries domiciled in the targeted jurisdictions from paying income tax.

In closing, without any assurance that workers' rights are respected in Panama and considering that this country is still on France's blacklist and the OECD's grey list of tax havens, unfortunately it is not possible for the Bloc Québécois to support this bill.

We will vigorously oppose any agreement, treaty or government decision that does not respect these fundamental rights.

Canada-Panama Free Trade ActGovernment Orders

September 30th, 2010 / 10:25 a.m.
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Liberal

Bryon Wilfert Liberal Richmond Hill, ON

Mr. Speaker, I am pleased to participate in the debate on Bill C-46, as I did the other day on Bill C-8 which dealt with another free trade agreement the government is proposing. This bill deals with a free trade agreement with Panama.

Obviously, free trade agreements are important to Canada given that we export over 80% of our goods, and obviously Canada needs to be competitive in the international community. It is disturbing that for the first time in over 30 years, we have a significant trade deficit. The government needs to look at a comprehensive approach in terms of how we deal with the issue of trade in the international community.

At the moment we have what I would call one-off agreements. There is one with Jordan and now there is this one with Panama. We also debated one involving Colombia. The difficulty is that our competitors are taking a much more aggressive approach. For example, we have no free trade agreements with any state in Asia. With markets such as Japan, China, India, the ASEAN members, this is very important, and a multilateral approach particularly with ASEAN would be beneficial.

We are still in negotiations with Korea; I believe we are in the seventh round now. With Singapore, we are in the ninth round. This is disturbing, given that the Americans have been reaching out. We see the Japanese concluding free trade agreements with countries as diverse as the Philippines and Mexico, yet at the same time, we are doing these small agreements.

The one with Panama is fine. We on this side of the House certainly support the bill going to committee. However, in terms of the big picture, there are real issues that we need to be grappling with on the issue of free trade. A multilateral approach gives us a bigger market. For example, ASEAN, with 590 million people from Vietnam, the Philippines, Indonesia, et cetera, is very important, yet we are simply chipping away at it. We do not have a coherent policy in terms of how we should tackle trade issues.

As a significant amount of our trade, some 75% or 80%, is with the United States, when there is an economic downturn in that country, as we have seen, it has an impact on our economy. We need to diversify, but diversifying with Jordan and Panama is not going to solve things in the big picture. It is not going to deal with what our competitors have been doing internationally. We need to be in the game. We have been more on the sidelines. We have to engage in these major markets. There are opportunities for us out there, but the government needs to lead. The government needs to demonstrate.

A few years ago, the Canadian Chamber of Commerce wrote a very compelling paper about China. It clearly indicated that there was no policy of the government in terms of how to engage that market. For example, Canada is a world leader in the area of environmental technology, particularly with respect to clean air, clean water and contaminated sites. This is very important work and certainly is useful for China. We need to be part of that, but we are not seeing the kind of leadership needed in order to go forward.

From that standpoint, the agreements the government has been putting forward simply focus on a very small niche. They do not deal with the kinds of issues they should be dealing with.

We are seeing an increase in protectionism in the United States. That is of concern, particularly in the area of agriculture. It means difficulties for our farmers. It is a difficulty in terms of our being able to compete in the international arena. The United States' protectionist policies are having an effect here. With respect to the America first policy, the government had discussions with the United States and changes were made in terms of Canadian companies being able to compete, but that only affected 37 of the 50 states in the U.S. It is important that we be there.

The Conservative government has not shown the kind of leadership that is needed on the multilateral side, in terms of being much more visible in the United States. Policy in the United States is not done in Washington; it is done in districts and states across the U.S. That is where we need to be focusing our efforts.

Canadian businesses can compete with anyone in the world if there is a level playing field. When there is not a level playing field, obviously we often face difficulties.

Although my party supports this bill going to committee, the fact is that we would like to see a clear strategy, particularly for the emerging key markets, such as Brazil, India, China, and Japan. We have watched and continually see the United States, Australia, and others being very aggressive, particularly in their talk about a big Asia Pacific free trade zone. If they are in first, we obviously will pick up the pieces.

I think Canadian businesses deserve more than picking up the pieces. They deserve the opportunity. Again, we have to be aggressive. We can talk free trade, but we really have to demonstrate it. The only way to demonstrate it is to show leadership.

Currently, penetrating the Korean market is an issue, particularly in the automotive sector, and the Japanese are carefully watching our discussions. If, and it is a big if, a free trade agreement were to occur between Canada and Korea, the Japanese would be particularly anxious to come to the table. At the moment, the Americans are talking to them about possible free trade.

Some people say that we could never get a free trade agreement with Japan because of agriculture. I do not know of too many people in this House who represent ridings that have a lot of rice. Rice is always the one issue the Japanese deal with. Even then, Japan was able to conclude a successful agreement with the Philippines, for example.

The issue in this agreement, and we are supportive of sending it to committee, is the Canadian merchandise we export to Panama: machinery, electronic equipment, pharmaceutical equipment, et cetera. It is a relatively small market. It is also important that we look at some of the other free trade zones in Latin America.

Latin America has developed, along with states such as Argentina, Uruguay, and Chile, zones in which there is a free flow of goods and where tariffs have been dropped so that businesses can compete. As a country, we need to send out a very clear message that we are prepared to enter into agreements where it is in our national interest.

Obviously, we have to look at environmental issues. This country has traditionally been a leader on climate change, clean water, and clean air issues. Countries really need that expertise.

Not only are Canadians very cost effective in terms of what they are able to produce and export, we can do it in two official languages, which is very helpful. Again, if we are not at the table, that is a problem.

We also have to look at the issue of labour co-operation. I notice in this agreement that there is a side agreement on labour co-operation. Obviously we have to expect that what we are asking is what we would demand at home, including the right to association, the right to collective bargaining, and the abolition of child labour. These are standards we have, and we would expect the same in dealing with other countries.

I know that some colleagues have concerns on the labour end of it. When it goes to committee and we have the appropriate witnesses, we can have those kinds of discussions and strengthen, if need be, those provisions. I think that is important. No piece of legislation I have seen in 14 years here has ever been perfect. That is why we send it to committee, where colleagues have an opportunity to look very carefully at legislation, hear from witnesses, and move forward.

My understanding, in terms of the major stakeholders on this particular bill with Panama, is that there are no major objections. On the whole, it is a fairly straightforward agreement. Again, it will give us some access, but we have to build on that, particularly in the Central American region in countries such as Nicaragua, Guatemala, and Costa Rica. Those countries are also looking at better co-operation. As a balance to the United States, I think Canada could play an important role.

Again, it is the whole issue of having a level playing field with access to markets. We need to be able to at least secure that. When we are looking at new partnerships, we must be able to tell our business community to go forward with the opportunity.

There were reservations about the free trade agreement with the United States and whether we could compete. Obviously, we can compete extremely well when a level playing field is available.

Canada's total exports to this particular country amount to 12.6%. Imports amount to about 17.3%. Over 80% of Canada's economy depends on trade. To keep that, we need to have as much access to markets as we can.

Former Prime Minister Trudeau, in the seventies, talked about a third option, and that third option was to diversify. If we had diversified in the seventies and eighties, maybe we would be in better shape than we are now.

Tariffs are the worst thing that can happen to a trading nation. Obviously, I am not old enough to remember the Great Depression in the 1930s, but some of my colleagues on the other side might. The first thing that happened was that major tariff barriers went up, and protectionism became rampant. That is not something we want to do. That was not good. We need to make sure that we have protection.

We also need to demonstrate leadership when it comes to issues such as climate change and the environment. The Conference of the Parties will soon meet in Mexico, and that will be an opportunity to strengthen international regimes.

Canada is traditionally well known for its international leadership, particularly in areas of multilateralism. The International Criminal Court is an example.

The 11th Conference of the Parties, in 2005, was the most successful COP ever to deal with developing a clear climate change regime internationally. That was important. The former Liberal government got a lot of accolades because of that. Again, it was because of the fact that we demonstrated leadership. We need to continue to do that. We need to continue to say to our allies and others that if protectionism is wrong, this is what we are prepared to do to focus forward.

The European Union has some very stringent policies, particularly when it comes to foodstuffs, even in terms of colouring food. We have to be able to talk about these issues with colleagues. We have seen other countries react to issues in this country, and we need to have a strong voice on those issues. Some of my colleagues, particularly those from Newfoundland and Labrador, are well aware of the issue with regard to the seal hunt.

What are we doing to educate? What are we doing to get our message out on some of these issues so that these sudden trade barriers will not come forward and harm the interests of Canadian farmers and producers, whoever they happen to be?

It is instructive to look at what went forward when we made an agreement with Israel in 1997. That was an opportunity to start further negotiations in other areas of the Middle East. Bill C-8, the Jordan agreement, will build on that. The gulf trading area, a Middle East trading area, is important all the way from the United Arab Emirates to Algeria. That is another market we could penetrate.

In other words, what is the strategy? What is going to be the policy in order for us to move forward? We on this side of the House are quite willing to work with the government to develop a strategy, because it is in our nation's interest. If we do these kinds of things, we will serve our citizens well.

Non-agricultural products, particularly fish and seafood, would be helpful for our markets, but that is only one part of the puzzle. It would be nice to see a really strong policy that the government, members of the opposition, and members of key sectors that deal with international trade really hammer out together. It would be the kind the policy and the kinds of tools we need to be much more aggressive.

The Americans certainly have not been sitting idly by. The Australians, in particular, have been very aggressive in Asia and have reaped a number of benefits. ASEAN, of course, which was getting closer on trade issues with China, now realizes that they cannot put all their eggs in one basket. They are wondering where Canada is on the international stage. They see where the Australians and the Americans are, and they are saying that we need to be there.

Some people do not know that in Indonesia, for example, we are the fifth largest investor, particularly in the area of mining, but our approach is not necessarily coherent. It is not necessarily a policy to say, “Go out there and good luck”. That is not the way to build good trade relations.

Obviously, we support the faster elimination of tariff barriers, particularly in those areas that are important to Canadian industry. In this agreement, Panama will see the elimination of at least 90% of current barriers on goods coming from Canada, which is obviously a positive, but where are those big deals we need to hear about in the House? Where are those big negotiations going on?

On this side, we are watching very carefully the issue of Korea. That is very important because of the nature of that market. We need to be able to say to our businesses that there are tremendous opportunities out there. We do not want to be dealing just with our American friends, which is great, but given policy there, we need to make sure that we are at the forefront.

We were one of the first major countries in China. We had a tremendous opportunity there. Mr. Chrétien led a number of Team Canada missions there in the 1990s. We were leaders. Unfortunately, relations with China changed with the current government, and we lost a lot of ground.

We have to continue to have a consistent policy on how to deal with our trading partners. We cannot be all things to all people. We have to have a particular niche. For example, on the environment, we could have a whole Team Canada just dealing with environmental issues in the Pearl River Delta. There are days when the smog is so thick it rolls into Hong Kong and one cannot see across the harbour. We need to take advantage of those things.

People cry out and say that they need to see Canada there. It would be very helpful if we would do that. Although we will support the bill going to committee, we want to look at the issue of labour to make sure that the guarantees are there. We want to make sure that if these things can be strengthened, that will be done. We welcome the opportunity, but we want to see the bigger picture. We want to see more emphasis on multilateralism, and if that goes forward, it will benefit Canada in our future trading relationships around the world.

Canada-Panama Free Trade ActGovernment Orders

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

Bloc

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Canada-Panama Free Trade ActGovernment Orders

September 29th, 2010 / 3:50 p.m.
See context

Liberal

Martha Hall Findlay Liberal Willowdale, ON

Madam Speaker, I would like to thank the minister for his graciousness in welcoming me as his new critic for international trade.

I rise 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, and to having it reviewed at committee.

I am pleased to participate in a debate that, unusually for this House in recent times, should be relatively free of heated partisan rhetoric. As the representative of the official opposition, we support the passing of this bill for many of the same reasons that members sitting on the government's side of the House support it.

Indeed, this is the second time in only three days that we have had this opportunity. It mirrors our recent debate on similar trade agreements with Jordan, which have now been referred to committee. We should take advantage of these opportunities to agree when they come along, as they so rarely do.

However, I will also be raising some concerns about the government's lack of action on increasing U.S. protectionism and its failure to seize trade opportunities in China, South Korea, and other countries.

Canada is now experiencing the first trade deficits it has seen in 30 years. Indeed, the country set a trade-deficit record this July, $2.7 billion. Something is going seriously wrong and we must challenge the government hard on why this is and what we can do about it.

I will also mention that, although we in the Liberal Party want to see even harder work on multilateral trade negotiations, we also recognize the practicalities and challenges this task entails. In the absence of progress on the multilateral level, we in the Liberal Party encourage Canada to work at the bilateral level to enhance our trade with as many other countries as possible.

Canada is a nation that supports free trade. Our origins are those of a trading nation, starting with fur, wood, and other natural resources. The portion of our economic activity attributable to trade is greater than that of most other nations. Indeed, 80% of our economy and millions of Canadian jobs depend upon trade and our ability to access foreign markets.

Canadian exporters benefit from the reduction and elimination of tariffs on their goods destined for other countries. Canadian manufacturers benefit from the reduction and elimination of tariffs at the Canadian border of the various materials that go into their products. Canadian consumers benefit from lower prices of imported goods when tariffs on those goods are reduced or eliminated.

Although there will always be debate about protectionism and what steps best promote Canadian business success and generate Canadian jobs, most Canadian businesses that serve domestic markets benefit from free trade in being forced to innovate and compete with others from abroad, provided that those abroad comply with international rules on trade, tariffs, and non-tariff barriers.

In the long run, Canadian businesses are more than capable of being strong, innovative, and competitive without hiding behind protectionist walls.

I am proud to rise here today to take part in this debate and show my support, on behalf of the Liberal Party of Canada, for 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 Conservative government's mismanagement of Canada's trade relations has led to the first trade deficits we have seen in over 30 years. We need to increase our efforts and our engagement in order to improve the situation and increase international trade between Canada and other countries around the world.

Canada depends on trade. It is worth noting that 80% of our economy relies on access to export markets. The Liberal Party supports the principle of free trade, and it also supports any initiatives that will improve access to foreign markets for Canadian businesses. Although Panama has a small economy and Canada's existing trade with that country is relatively limited, there are opportunities for Canadian businesses.

In 2008, Panama had one of the highest real GDP growth rates in the Americas at 10.7%. Despite the global economic downturn, Panama posted positive growth in 2009 at 2.4%, a trend that is expected to continue in 2010.

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. This expansion is expected to generate opportunities for Canadian companies in such areas as infrastructure and construction, as well as environmental, heavy engineering and consulting services, capital projects, human capital development and construction materials.

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

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

The free trade agreement with Panama is another opportunity to increase access to more markets for Canadian farmers and business.

Yes, Panama is a relatively small economy. In 2009 we exported $90 million in goods to the country, which is not as large as with some trading partners. It is, however, a stable country which 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 10.7% in 2008, one of the highest in the Americas, and is forecast at 5.6% for 2010. In 2009 bilateral trade between the two countries totalled $132.1 million, Canadian exports making up $91.4 million of that and imports, $40.7 million.

Primary Canadian merchandise exports to Panama include machinery, vehicles, electronic equipment, pharmaceutical equipment, pulses and frozen potato products. Canadian service exports include financial services, engineering, information and communications technology services. Merchandise imports from Panama include precious stones and metals, mainly gold, fruits and nuts, fish and 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 for Canadian companies in construction, environmental, engineering and consulting services, capital projects and more, and is expected to generate even more over the next while, helped by this free trade agreement.

Canada will immediately eliminate over 99% of its tariffs on current imports from Panama.

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

On labour and environment, like most of Canada's free trade agreements, this free trade agreement includes agreements on the environment and labour co-operation that will help promote sustainability and protect labour rights. The Canada-Panama labour co-operation agreement recognizes both countries' obligations under the International Labour Organization, the Declaration on Fundamental Principles and Rights at Work, including the protection of the following rights: the right to freedom of association, the right to collective bargaining, the abolition of child labour, the elimination of forced or compulsory labour and the elimination of discrimination.

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

I have a few words on human rights.

Although it is not the issue here, as it was in the debate over free trade with Colombia, the question of human rights will always come up in the House when we debate free trade agreements, and rightly so, sometimes more than others. As I have said in the House a number of times, it is a good thing that Canadian members of Parliament are concerned about international human rights and I have noted that, regardless of what party we sit for, we all want full human rights for everyone around the world.

We do, however, from time to time disagree on what Canada can do to further that goal. Some of my colleagues will say that putting up walls and preventing more open trade and engagement will somehow help, that somehow, Canada wagging its finger at other states rather than fully engaging will miraculously be listened to. I am afraid that that is not how the world works.

Freer trade encourages freer flow of information and freer flows of ideas. Rather than building walls, freer trade opens windows through which light gets in and opens doors through which Canadians can engage on all sorts of levels with others. If we isolate a country, our capacity to engage in human rights is in fact reduced.

Economic engagement increases our ability to engage in other areas, such as education and culture. All of that engagement increases the capacity to engage in the area of human rights. It gives Canadians a greater opportunity, through businesspeople, customers, clients and other engagements that can flow from those relationships, to show by example, not in a paternalistic, finger-wagging, we-know-best attitude, but rather showing by examples how things work so well for us in Canada and our willingness to share, on a friendly basis, those examples.

As I have said many times, it is the citizens of a particular state who are responsible for improvements in their state, not Canada. Canadians have a wonderful opportunity to engage with those citizens, in exposing what works in other parts of the world, in particular here, where we are proud of our Charter of Rights and Freedoms, our successfully pluralistic society and our peace, order and good government approach to governance.

Although we do not have the heightened level of concern with respect to Panama as we had with Colombia, I will take the opportunity to commend my Liberal colleague, the member for Kings—Hants, my predecessor in the role of critic for international trade, for the excellent work he did with the human rights amendment to the Canada-Colombia Free Trade Agreement Implementation Act. Under that Liberal-negotiated deal, Canada and Colombia must publicly measure the impact to free trade on human rights in both countries, the first trade deal in the world that requires ongoing human rights impact assessments. Again, I commend my colleague from Kings—Hants for his excellent work in this regard.

All of this goes to my support and my party's support for Bill C-46 and the free trade agreement with Panama. Greater economic engagement helps us all economically, for more jobs and more prosperity for Canada, yes, but for both countries, and free trade is, in this case, a win-win opportunity.

At this point, however, 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 United States government responded with protectionism, in putting forth its buy American policies and tighter rules. The Conservative government initially stood by watching, as if it did not know what hit it. It engaged in photo ops in Washington, not realizing the battle needed to be fought all across the states, at the state level.

By the time a so-called exemption was worked out, which in and of itself required significant concessions by Canadian provinces, the protectionism in the United States had already hurt many Canadian businesses, costing Canadian jobs. Even the so-called exemption only covers 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 just 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, the foreign manufacturers legal accountability act, which although not technically aimed at Canada, would significantly hurt many Canadian businesses and affect many Canadian jobs.

However, the minister's response was no action whatsoever. Instead he says, "Gee, it's too bad, we're always collateral damage in the battles between the United States and China”. Then he says, “We're hoping that it does not reach the vote state before the U.S. elections”. Then he says, “If it passes, we'll probably seek an exemption for Canadian companies”.

With all respect, it simply is not enough to dismiss Canada as collateral damage, or to merely hope that protectionist legislation will not pass. Just like last time, we urge the government to get its hands dirty, to get on the ground, not only in Washington but across the states, to ensure that Canada is exempted from this very damaging proposed legislation before it happens. Canadian businesses need something done to prevent this from happening, not just some vague hopes and prayers.

I also want to use this opportunity in the debate on the merits of free trade to exhort the government to do much more in its dealings with China, South Korea and others. I acknowledge the announcement and production of the report this last week between Canada and India, and I am encouraged this as moving in the right direction. However, having just returned from China and Korea, I am overwhelmed by the growth, the size, the pace and the scale of what is happening over there. At the same time, I am dismayed by how little the Canadian government is doing to capitalize on the extraordinary growth and scale that presents such fantastic opportunities for so many Canadians.

There are incredible investments being made in infrastructure, water, sewage treatment and public transit. We have been told repeatedly by the Chinese that they are looking for green technology, for forestry products, 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. My colleagues should understand that I do not suggest for a minute that the federal government impinge upon those jurisdictions, but rather stress that we in Canada could work much more co-operatively and productively by engaging all orders of government in a concerted effort to take much more advantage of the opportunities that these extraordinary economies offer to Canadians.

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.

Canada should be taking advantage of these extraordinary opportunities that the world and other growing, bustling economies and societies offer, opportunities which the Conservative government just does not seem to understand.

September 29th, 2010 / 3:45 p.m.
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Bloc

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

Mr. Chair, I think that is in line with what we said in June when the committee ended its work. We had discussed a possible trip to Brussels, as you mentioned. The important thing with respect to the European Union—and I think this needs to be the priority in terms of travel, if it is necessary—is that the trip be well organized and that everyone—or as many people as possible—is able to go.

I think we should take some time during Monday's meeting to discuss it further. As everyone knows, there is a debate taking place in the House right now on the Canada-Panama Free Trade Act. I need to leave soon, and I think we should discuss this further on Monday. But we have no real objections to planning a trip to Brussels in the fall, in order to see what is happening with the European Union negotiations, be it in early or mid November, something like that. There is no problem.

Canada-Panama Free Trade ActGovernment Orders

September 29th, 2010 / 3:25 p.m.
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York—Simcoe Ontario

Conservative

Peter Van Loan ConservativeMinister of International Trade

moved 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 read the second time and referred to a committee.

Mr. Speaker, I am pleased to speak in the House today to the Canada-Panama free trade act.

Pursuing trade agreements is essential to bringing continued prosperity to Canadians. And this is why the implementation of free trade agreements is a priority for the Government of Canada and demonstrates our commitment to helping Canadian businesses compete in markets abroad.

As the world economies recover, expanding trade and investment relationships to improve market access is more important than ever. By opening our markets and pursuing greater market access abroad, we are sending a clear message that protectionism is not the way to achieve global stability and prosperity. By improving access to foreign markets for Canadian businesses, we are supporting domestic economic growth and creating new opportunities for Canadian workers.

Our government knows that Canada's long-term prosperity is driven by the ingenuity and creativity of hard-working families, small business owners and entrepreneurs across the country.

Canada’s exporters, investors and service providers are calling for these opportunities. Business owners and entrepreneurs want access to global markets, and this government is listening.

Canada made the big jump into free trade with our free trade agreement with the United States. Many in the House will remember the 1988 election and how that very much gripped the country. It was perhaps the only election in my lifetime thoroughly dominated by policy, not personalities, not advertising campaigns, but by substance, and one policy in particular, that of free trade.

As a result of that great debate and the subsequent results, the success of free trade with the United States, that debate is very much a settled question in Canada now. Canadians embrace free trade. Our trade with the United States has doubled since that time and our trade with Mexico, as part of the North American Free Trade Agreement, has increased almost five times.

There are true Conservative roots in the commitment to free trade. After we ceased to be government, for the next 13 years our predecessors were somewhat reluctant to embrace free trade, notwithstanding its apparent success. Three new free trade agreements were negotiated, however, in that time with Chile, Costa Rica and Israel.

Since we formed the government again in 2006, we have pursued an aggressive and ambitious free trade agenda, including commencing renegotiation of our free trade agreements with Chile and Costa Rica to make them much more comprehensive and ambitious.

We have also concluded, in just a little more than four years, new free trade agreements with Peru, Colombia, Jordan and the European Free Trade Association countries of Iceland, Norway, Switzerland and Lichtenstein. We also have seen, through these agreements, in a very short period of time significant victories for Canadian workers and Canadian entrepreneurs.

We are continuing to look ahead to other key global partners, including, for example, the European Union. Our free trade agreement with the European Union would represent the most significant Canadian trade initiative since the North American free trade agreement.

The study that was done before we began our European Union negotiations indicated an annual benefit to the Canadian economy of some $12 billion a year from such an agreement. That is a boost that our Canadian workers and our Canadian economy really need to see. That is why we are excited that that negotiation is proceeding very positively. A fifth round of negotiations will take place next month right here in Ottawa. We are optimistic that we will have an agreement in place by the end of 2011.

What will be notable about that agreement is that it will be the very first free trade agreement the European Union will have negotiated with a developed economy, putting Canada in the very enviable position of being the only major developed economy in the world with a free trade agreement with both the United States and the European Union, the two biggest economies in the world, a tremendous platform on which our businesses and our workers can succeed.

However, we are also committed to advancing our ongoing free trade negotiations with other partners, including Ukraine; the Central American four of Honduras, Nicaragua, Guatemala and El Salvador; the Caribbean community countries; and the Dominican Republic.

Last Friday, I had the pleasure of hosting here in Ottawa my counterpart, Anand Sharma, the minister of commerce and industry from India. At that time, we released publicly a study into the possibilities of a comprehensive economic partnership agreement, a free trade agreement between Canada and India. That study showed that if we were successful in achieving such an agreement, the annual boost to the Canadian economy would be between $6 billion and $15 billion a year with similar annual benefits to the Indian economy. We are in the process now of putting together the negotiating mandate we need to be able to undertake those kinds of discussions.

As members can see, our government is firmly committed to free trade. However, the United States will remain, certainly for my lifetime, the major priority of Canada in free trade as 70% of our trade is with the United States and it is a relationship we must constantly tend to. We did that when we became the only country in the world to achieve a waiver from the buy American provisions of the U.S. stimulus program, and we continue to stand up for Canadian businesses and protect our access to that critical market. That will remain our number one priority.

However, we have three major initiatives underway: first, the European Union free trade talks, as I addressed; second, our initiative with regard to India, which looks very positive at this point in time; and third, an effort to carve out for Canada a role in the Americas, not dissimilar to the one Australia already has with regard to the Asian marketplace.

We can see that falling into place. We have our existing free trade agreements with Chile and Costa Rica, which are being improved and enhanced by this government. We have the free trade agreement implemented with Peru and the recently passed free trade agreement with Colombia. We have had negotiations with the Dominican Republic, the countries of the Caribbean community, and the Central American four. Altogether, we can see that Canada is working very hard to achieve that special, privileged position of having a dominant free trading position within the Americas.

Indeed, it is as part of that overall strategy of being a key trading country in our hemisphere, on which the Prime Minister has spoken, that we also now add the concept of a free trade agreement with Panama.

I was very proud and pleased to sign that agreement in May with Roberto Henríquez, my counterpart, and now I am pleased that we are commencing debate on it in the House of Commons.

The government is dedicated to pursuing trade relationships that work for Canadians. In addition to these markets, Canadian businesses have long been asking for closer ties to Panama—an innovative, dynamic economy, and a gateway to Latin America and the Caribbean.

That is why we have negotiated, concluded and signed last May a free trade agreement with Panama.

Panama has had one of the fastest growing economies in the Americas. Its real gross domestic product growth in 2008 was 10.7%. Even during the economic downturn it posted positive growth in 2009. Panama's real gross domestic product is expected to rise even further in 2010.

Panama is also a strategic hub for the region. It is also an important logistical platform for commercial activity. As a link between two great oceans, Panama, and of course the historic and well-understood Panama Canal, is vital to global trade.

We know that Canadian businesses and workers across a number of sectors can compete and win in the Panamanian marketplace. And the Canada-Panama free trade agreement will help them do that. This agreement is a good deal for Canadian companies, in particular for goods exporters.

Our exporters have been active in the Panamanian market. In 2009, Canada's two-way merchandise trade with Panama was $132.1 million, and our trade has been largely complementary. Upon implementation of the free trade agreement, things will improve significantly. Panama will immediately lift tariffs on some 99.9% of all non-agricultural imports from Canada, with the remaining tariffs to be phased out over five to 15 years. Tariffs will also be lifted immediately on 94% of Canada's agricultural exports to Panama.

These outcomes directly benefit a number of sectors that already have established business ties in Panama, including agriculture and agri-food products, pharmaceuticals, pulp and paper, vehicles, machinery, and information and communications technology products, among others.

We are also pleased that Panama has recognized Canada's inspection systems for beef and pork and has removed its previous ban on Canadian beef.

Canadian service providers will also benefit from the Canada-Panama free trade agreement. Panama is a service-oriented economy. Canada has expertise in sectors such as financial, engineering, mining and petroleum extractive services, construction and environmental services—areas where there are opportunities for growth into the Panamanian market. And the agreement ensures the secure, predictable and equitable treatment of service providers from both countries.

With the Canada-Panama free trade agreement, we are helping Canadian service providers thrive.

Panama is also an established destination for Canadian direct investment abroad. At the end of 2008, the stock of Canadian direct investment in Panama totalled $93 million.

Canadian companies are choosing to invest in this market in areas such as banking and financial services, construction and mining. And they will benefit from the Canada-Panama free trade agreement. This deal will provide greater stability, transparency and protection for Canadian investments in Panama.

Government procurement has also been a key priority in our deepening trade relationship with Panama. One of the key drivers is the ongoing Panama Canal expansion and its associated projects. The Panama Canal makes Panama a natural centre for global trade. In fact, Panama handles 5% of global trade and has some of the world's largest export processing zones. The planned Panama Canal expansion, which is actually under construction, is only reinforcing its position as a nexus for international importers and exporters.

The canal expansion is a $5.3 billion project. It provides numerous opportunities to Canadian businesses through subcontracts and satellite projects, which will be further consolidated by this free trade agreement. We are calling on the opposition to consider and approve this free trade agreement very quickly so that our workers and our businesses can profit from the opportunities that exist right now.

The government procurement provisions in the Canada-Panama free trade agreement guarantee that Canadian suppliers will have non-discriminatory access to a broad range of procurement opportunities, including those under the Panama Canal Authority. Projects, including those associated with the canal expansion, may also lead to increased goods exports from Canadian manufacturers that have expertise in infrastructure.

We are also proud of the work done to protect labour rights and environmental responsibilities. Of course, in general, freer trade and increased prosperity have been shown to aid in improving human development indices. Of course, we have with this agreement, as we have had with others, parallel accords dealing with labour and the environment.

For all these reasons, the Panama agreement is a good deal for Canada, but it is also a good deal because it ensures that Canada remains competitive in the Panamanian marketplace. Panama has an active trade agenda with many partners, including the United States and the European Union. For this reason, time is, as I said, of the essence. Any delay of this bill would hurt Canadian businesses that are eager to compete and capitalize on the opportunities in Panama.

If Canada can establish access to the Panamanian market before our competitors take hold, it will give our companies an advantage, a real foothold, in doing business there.

Panama is also negotiating a trade agreement with Colombia and is exploring trade deals with the European Free Trade Association, the Caribbean community, Peru, Korea, and others.

Clearly other countries are noticing Panama’s potential, and they are looking to take advantage of this strong and growing market. That is why it is important for this government to take action now. And it is why I ask for the support of all honourable members for the Canada-Panama free trade agreement, and the parallel labour co-operation and environment agreements.

I am a great believer that free trade is one of the reasons Canada has been performing better than many other major competing economies. We have been leading the major developed economies of the G7 in economic growth. We are unique among those economies in having replaced or restored, through our job growth, all of the jobs that were lost at the start of the economic downturn. We are again in the distinct position of having the lowest debt and the lowest deficit, as a proportion of our economy, of any of those major economies.

We have, of course, as we all know, the soundest banking system in the world, as has been confirmed repeatedly by the World Economic Forum.

The reason for this success is not just the sound policies adopted by the government on fiscal responsibility and appropriate stimulus when required. It is also because of our approach to opening marketplaces and opportunities for our workers and our businesses.

Free trade is a reason for Canada's prosperity and Canada's success. It is the reason we are working so ambitiously to put in place opportunities for Canadian workers all around the world. Our free trade agreement with Panama is part of that plan. It is part of our strategic approach to the region of the Americas and to this hemisphere, and it is one reason Canadian workers and businesses can expect to succeed more in the future and enjoy greater prosperity in the future.

Those are all good reasons why this should be supported in the House of Commons.

Business of the HouseOral Questions

September 23rd, 2010 / 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, I would like to take this opportunity to officially congratulate the House leader of the official opposition on his first Thursday question and of course on his appointment as House leader. As I have already said, we want to make this Parliament work for Canadians and co-operate with all the opposition parties.

Let me also tell him, and particularly his leader, how very disappointed I am that I will not have the chance to work shoulder to shoulder with the great, wise helmsman from Wascana.

Let me take this opportunity to once again, in English, officially congratulate the House leader of the official opposition on his first Thursday question. As I have said in the past, we all want to work hard, we all want to work collaboratively to make this House work, and not just with him.

We also want to do so with our friends in the Bloc Québécois and the New Democratic Party.

As government House leader, one of my very first acts on the day of the cabinet shuffle was to reach out to my opposition counterparts. Since then, I have had the opportunity to sit down with each of them and to hear their views about making Parliament work. I look forward to working with them over the coming days, weeks, months and years to do just that.

As for the House schedule, we will continue debate today on Bill C-5 (International Transfer of Offenders), followed by Bill C-31, Eliminating Entitlements for Prisoners, and Bill C-22, Protecting Children from Online Sexual Exploitation.

On Monday, we will call Bill C-8, Canada-Jordan Free Trade Act, and Bill C-28, Fighting Spam, an important piece of legislation presented by the Minister of Industry.

Tuesday, September 28, will be an allotted day, and on Wednesday and Thursday, the order of business will be Bill C-8, if not already disposed of on Monday, Bill C-46, Canada-Panama Free Trade Act, and Bill C-28, Fighting Spam.

Canada-Panama Free Trade ActRoutine Proceedings

September 23rd, 2010 / 10 a.m.
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York—Simcoe Ontario

Conservative