Canada–Jordan Economic Growth and Prosperity Act

An Act to implement the Free Trade Agreement between Canada and the Hashemite Kingdom of Jordan, the Agreement on the Environment between Canada and the Hashemite Kingdom of Jordan and the Agreement on Labour Cooperation between Canada and the Hashemite Kingdom of Jordan

This bill is from the 41st Parliament, 1st session, which ended in September 2013.

Sponsor

Ed Fast  Conservative

Status

This bill has received Royal Assent and is now law.

Summary

This is from the published bill.

This enactment implements the Free Trade Agreement and the related agreements on the environment and labour cooperation entered into between Canada and the Hashemite Kingdom of Jordan and signed at Amman on June 28, 2009.
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 Free Trade Agreement 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.

Similar bills

C-8 (40th Parliament, 3rd session) Canada-Jordan Free Trade Act
C-57 (40th Parliament, 2nd session) Canada-Jordan Free Trade Act

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.

Bill numbers are reused for different bills each new session. Perhaps you were looking for one of these other C-23s:

C-23 (2022) Historic Places of Canada Act
C-23 (2021) An Act to amend the Criminal Code and the Identification of Criminals Act and to make related amendments to other Acts (COVID-19 response and other measures)
C-23 (2016) Law Preclearance Act, 2016
C-23 (2014) Law Fair Elections Act
C-23 (2010) Law Eliminating Pardons for Serious Crimes Act
C-23 (2009) Canada-Colombia Free Trade Agreement Implementation Act

Votes

March 5, 2012 Passed That the Bill be now read a second time and referred to the Standing Committee on International Trade.
March 5, 2012 Passed That this question be now put.

Canada-Jordan Economic Growth and Prosperity ActGovernment Orders

March 1st, 2012 / 11:05 a.m.

NDP

Rosane Doré Lefebvre NDP Alfred-Pellan, QC

Madam Speaker, I would like to thank my hon. colleague from Newton—North Delta for her excellent speech on human rights. We are talking about a free trade agreement and we can change things at the international level. This is the right time to do it, particularly when it comes to human rights. I would like to focus on women’s rights, because in Jordan, unfortunately, not very many women are in the labour force, even if they are very highly educated. I would like to know what my colleague thinks about women’s rights in Jordan.

Canada-Jordan Economic Growth and Prosperity ActGovernment Orders

March 1st, 2012 / 11:05 a.m.

NDP

Jinny Sims NDP Newton—North Delta, BC

Madam Speaker, when it comes to women's rights, we have challenges right here in our own country. We know that in the Middle East and in a lot of the eastern countries and South America, women do face greater challenges. When we look at a lot of these domestic workers, many of them are women who are working horrendously long hours. Our trade agreements are an opportunity for us to build in human rights and protection for vulnerable workers, including women.

Canada-Jordan Economic Growth and Prosperity ActGovernment Orders

March 1st, 2012 / 11:10 a.m.

NDP

Alain Giguère NDP Marc-Aurèle-Fortin, QC

Madam Speaker, the new Bill C-23 on free trade between Jordan and Canada gives us an opportunity to consider the nature of such an agreement. A free trade agreement means opening doors. Canada is opening its door to Jordan, and Jordan is opening its door to Canada. But what is going to come in? That is a fundamental question. Our cultures are different in terms of human rights, labour law and environmental law. Is it possible to harmonize these two countries? Well, that is the entire question, and the entire problem.

We hope that this agreement will bring progress to Jordan in terms of human rights, environmental law and economic law, but that is not a foregone conclusion. At first blush, the problems are significant. When it comes to labour law, in some areas Jordan looks more like the Middle Ages than like a modern country.

Our steelworker colleagues have told us that on one visit they observed abuses in relation to migrant workers, there being many of them in the textile industry and in home support work. First, those workers very often have their passports taken away from them when they enter the country. They are required to work at a hellish pace, more than 90 hours a week. Very often, their wages are not paid or it is difficult for them to get their pay. When it comes to housing and nutrition, the least that can be said is that they are deficient. They live in cramped, dirty apartments or dormitories. Their food is nothing special; it is low in both calories and vitamins.

Working conditions like this are unacceptable, particularly when we will be competing with that country economically. Our entrepreneurs, who pay wages and make sure that our country’s social and humanitarian laws are obeyed with respect to all workers in Canada, will be facing competitors who have no such concerns and spend as little as possible on their workforce. This agreement, which might well be copied in numerous Middle Eastern countries, must not send our entrepreneurs into bankruptcy and Canadians into unemployment. This is a fairly basic question for the political representatives of the Canadian people. We want a trade agreement that benefits both countries and that is not going to lead to a reduction in Canadians’ economic and social rights.

That is not the only problem, although we have seen some encouraging initiatives. Jordan has taken some important steps. To begin with, there was a reform of the labour laws, which recognize the right to organize, the right to unionize, the right to speak and the right to negotiate collective agreements. These are important steps that must be considered. Jordan has also banned human trafficking. This is an important step in a country where recruiting people from Sri Lanka, the Philippines and India to work in Jordan was a flourishing industry. These foreigners were recruited and, once in Jordan, not paid. Jordan now wants to put an end to this practice.

Jordan has also criminalized forced labour in its labour code. Forgive me for saying this, but it is some ways an acknowledgment of the existence of slavery. Forced labour includes compelling someone to work for an unreasonable number of hours. Jordan criminalized this practice in its criminal code. It is prohibited. In 2011, Jordan harmonized its relations with the International Labour Office and the International Labour Organization. These are very important steps and that is why we are not opposed to this agreement, however we do want to review it.

These are positive steps. If Jordan has taken a step towards integration with the global marketplace then, for goodness sake, why not? This is very encouraging. Seeing Jordan pass laws, however, is one thing, but making sure they are enforced is quite another. This is important and must be verified. We recommend, therefore, that this bill proceed to second reading, where it can be more closely considered, and where we can determine whether the promises made have been kept. This is to be expected.

We will keep a very open mind as we consider this bill in committee. We will review what Jordan has done. Having said that, we will be exceedingly inquisitive and prudent, and we will not take any statements as gospel truth. We will make sure that there has been progress, that these laws have brought about true change, and that domestic workers are no longer slaves, let alone sex slaves, as is sometimes the case. We will demand to see the change.

There is also the matter of the environment. Before the Conservative government came into power, Canada was truly determined to combat pollution and provide a safe environment for Canadians and workers. The guarantee was made that the workplace was not deadly. It was guaranteed that any environmental emissions would not be dangerous in both the short and long-term, for Canadians now and in the future. These are basic things. There are no illegal dumping grounds in Canada; there is no chemical soup in our waters. We will not tolerate having our environment sullied and our access to clean water jeopardized. All that seems quite basic and yet, when it comes to clean water, there are some shortcomings, particularly on first nations reserves. It is quite disturbing for a country like Canada, but it would appear that we have the willingness to change. I shall take that into account and hope that things do indeed change.

What is the situation in Jordan? The rules in this regard are not clear. It is simply indicated that neither of the two countries has the right to suppress the basic environmental rules. But does Jordan already comply with the basic minimum rules? Can Jordan be compared in this regard to Canada? All the indications are that it cannot. That means this constitutes an invitation to all the polluting industries of Canada to relocate to Jordan, where they will not have to make expensive investments to conform to Canadian standards, and where they will not have to pay the workforce as well as they do in Canada. This is an important question.

In certain countries, people have said that asbestos was safe if worked properly under acceptable health conditions. It seems that this is the case in Canada. However, we know that in countries to which we export asbestos, this is absolutely not the case. This question is relevant and deserves to be verified. We do not want to encourage a country to become a dump for the whole world because it has an agreement with Canada. That would be neither acceptable nor tolerable. Our public image all across Canada depends on this, as do our ethical standards as a community. Do we want to develop an economic and political culture in which profit prevails over respect?

In short, we shall certainly not sign a blank cheque. There are more problems in the area of economic rights. Expropriation is prohibited. Do we have the right not to be expropriated when we invest in a country? I am sorry, but no. To promote the economic rights of its citizens, a country may legitimately consider it necessary to expropriate a private enterprise, even if that enterprise is a foreign company from a country with which a free trade agreement is in place. An expropriation can be carried out for medical, economic development, educational or a multitude of other reasons within the context of a democratic government.

Expropriation does not mean theft. It is simply the forced purchase of a company which is regarded as essential to the country. This is a country’s sovereign economic right. It appears however that there is an intention to place a limit on this agreement. That limit is likely to affect Jordan more than Canada, for there are a great many Canadian multinational mining and manufacturing companies. There are few Jordanian companies liable to invest in Canada in key sectors of our economy. If that should happen, however, I do not see why Canada should require a barrier of this nature. Yes, a sovereign country, any sovereign country, has the right to protect the economic rights of its citizens by effecting an expropriation. Hydro-Québec was born of an expropriation; so was Ontario Hydro. Petro-Canada was established through expropriations. We are not complaining about this.

There is also the issue of repatriating profits, which can be a bone of contention. Repatriating profits, if they are excessive, could put a country in a difficult situation, leading to a deficit on balance of payments and a lack of investment. In Canada, we are currently experiencing what is known as Dutch disease. Our dollar is going up because of massive natural resource exports, especially in the energy sector. At the same time, we are experiencing a major deficit on our balance of payments. That is what is known as Dutch disease. And it comes on top of a loss of our industry.

A sovereign country can choose to tackle this problem by restricting the repatriation of profits through legislation that requires the profits to be partially or fully reinvested. It is not illegal for a country to want to make sure that its economic partner guarantees a financial return. A sovereign country does not need to limit its powers in a free trade agreement. The free trade agreement has to bring wealth to both countries. In the present situation, that does not seem to be the case. We are eroding the powers of a state in favour of private enterprise and capital. We are forgetting that we were elected by our constituents to defend them, not to sell or give up on their rights. We will have to think carefully before we pass this type of legislation.

We keep seeing the same types of problems. We negotiate agreements with small countries without asking any questions about the very nature of the rights in place in those countries. Panama is the perfect example. Some say that it is a problem because it is a tax haven. No, Panama is not a tax haven, it is a tax dump. Every drug trafficker goes through Panama. That is no recommendation. Will we be able to guarantee that there will be an end to those practices? No, and that is a problem. Now we have exactly the same type of problem. We are not saying no to what is unacceptable. We know about it and we put up with it.

In what has been proposed, the agreement is lacking when it comes to corrective measures. In an agreement between two countries, it is important to document what might cause problems and the action we will take to resolve those problems. There are major shortcomings in that respect as well, and we would like to put an end to them. In discussions in committee, we would like to hear opinions and proposals so that we can amend an agreement that is questionable at the moment. That does not mean that we are dismissing any possibility of an agreement with the Middle East, far from it. We appreciate it when a country agrees to negotiate agreements with us that may be highly profitable, that may lead to an increase in imports and exports and, especially, that may help a country improve its legislation.

It seems that Jordan would really like to become a country that is not at the low end when it comes to human rights, that is not a dumping ground for corporate polluters. It does not want to be a country where domestic work is almost associated with prostitution. We realize this. We are quite pleased to see the direction being taken by the Jordanian people and government. If it is true, this direction deserves to be encouraged. If this is the case, we will negotiate as equals with a country that has given us satisfactory guarantees with respect to basic human rights.

We will need to consider plenty of other factors, in addition to economic, labour and environmental rights, including religious rights and issues relating to family and matrimonial law. How are we going to align these agreements? All of that will be an essential part of the committee's discussions.

It is because of this very possibility of discussing these factors that we are going to support this bill on the trade agreement between Canada and Jordan at second reading.

Canada-Jordan Economic Growth and Prosperity ActGovernment Orders

March 1st, 2012 / 11:25 a.m.

NDP

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

Madam Speaker, I thank the hon. member for his speech. Since this is about a bilateral free trade agreement and not a multilateral agreement with several countries, can he tell me about some of the guarantees that should be put in place with regard to Jordan?

Canada-Jordan Economic Growth and Prosperity ActGovernment Orders

March 1st, 2012 / 11:30 a.m.

NDP

Alain Giguère NDP Marc-Aurèle-Fortin, QC

Madam Speaker, the risk is twofold. Given that we are negotiating an agreement with a country whose human rights situation and socio-economic conditions are far below ours, we could end up with the lowest common denominator and certain rights could be abandoned. The reverse would be even worse. We would then be involved in a kind of economic colonialism. Both would adversely affect both Canada's image and the everyday rights of Canadians.

Canada-Jordan Economic Growth and Prosperity ActGovernment Orders

March 1st, 2012 / 11:30 a.m.

Liberal

Kevin Lamoureux Liberal Winnipeg North, MB

Madam Speaker, if I heard correctly, I thought the member made reference to the NDP's voting in favour of the bill going to committee. If that is the case, am I to assume that the principle of free trade agreements is something the NDP is now looking at supporting? Is it just a question of having an appropriate amendment that would ultimately see the NDP supporting free trade agreements?

Canada-Jordan Economic Growth and Prosperity ActGovernment Orders

March 1st, 2012 / 11:30 a.m.

NDP

Alain Giguère NDP Marc-Aurèle-Fortin, QC

Madam Speaker, a trade agreement is an agreement between two peoples. It implies much more than economic transactions. It indicates the future of our relationship at all levels. In that context, we are not opposed, but it is not just a matter of a few amendments. We are talking about human rights and about our Canadian Charter of Rights and Freedoms. For the NDP, some things are not negotiable and we will not bargain them away. I am a member of Parliament for the NDP, not for the Liberals. So I will not be selling my soul.

Canada-Jordan Economic Growth and Prosperity ActGovernment Orders

March 1st, 2012 / 11:30 a.m.

NDP

Jonathan Genest-Jourdain NDP Manicouagan, QC

Madam Speaker, could the hon. member go into more detail about the concept of corporate expropriation and the circumstances that would give rise to it?

Canada-Jordan Economic Growth and Prosperity ActGovernment Orders

March 1st, 2012 / 11:30 a.m.

NDP

Alain Giguère NDP Marc-Aurèle-Fortin, QC

Madam Speaker, here is an example that happened right here in Canada. In the 1960s, the Government of Quebec felt that the foreign concerns controlling our production and distribution of electricity were a hindrance to the smooth economic development of Quebec. As a sovereign people, we decided to take possession of the assets that, in large part, were ours.

We paid for them; we did not steal them. We paid the proper price for those facilities, those means of electricity production and distribution. Another country like Jordan could decide to do the same thing. It is not a crime for a government to make sure that its citizens have access to electricity.

Canada-Jordan Economic Growth and Prosperity ActGovernment Orders

March 1st, 2012 / 11:30 a.m.

NDP

Jonathan Tremblay NDP Montmorency—Charlevoix—Haute-Côte-Nord, QC

Madam Speaker, we hear a lot about what happened in the past. In the NDP, we are not necessarily against free trade agreements between countries per se. However, we want everyone to benefit, and by everyone I mean each country, and each and every citizen, whether rich or poor. In the past, rough timber was sold for offshore processing and brought back to Canada, where it is sold at a premium. That means that our manufacturing sector does not develop.

We have a number of concerns regarding what will happen to our natural resources. Will our water be protected, for example? Will we be forced to export our water, if asked? I would like my colleague to respond to that.

Canada-Jordan Economic Growth and Prosperity ActGovernment Orders

March 1st, 2012 / 11:30 a.m.

NDP

Alain Giguère NDP Marc-Aurèle-Fortin, QC

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

Indeed, in this agreement, and in all agreements of this type, a state's power to intervene in certain trade issues is limited, and that is unacceptable. It is an intolerable constraint. A second, even bigger constraint is that Jordan relies heavily on migrant workers from other countries. These migrant workers are subject to a legal double standard. Native-born Jordanians have rights that these temporary migrant workers do not. That opens the door to the outsourcing of our industries by using a large labour force in a country that does not pay its workers.

Canada-Jordan Economic Growth and Prosperity ActGovernment Orders

March 1st, 2012 / 11:35 a.m.

NDP

Jean Rousseau NDP Compton—Stanstead, QC

Madam Speaker, our colleague from Newton—North Delta spoke of certain key sectors in Canada, including the textile sector. Increasingly, companies in those sectors are going abroad to Middle Eastern countries, including Jordan. However, there are sectors that need to be protected and we must ensure that agreements like this one have more teeth, as my colleague said. What does my colleagues think about the sectors that are at greatest risk in Canada?

Canada-Jordan Economic Growth and Prosperity ActGovernment Orders

March 1st, 2012 / 11:35 a.m.

NDP

Alain Giguère NDP Marc-Aurèle-Fortin, QC

Madam Speaker, offshoring is not a new phenomenon, but it is clearly accentuated by this kind of agreement. The same thing occurred with Europe and Tunisia. In that particular case, it really was an economic favour; Europe wanted to favour Tunisia. In this case, companies are quite simply being given the right to lay off their Canadian workers in order to increase profits by relocating production to countries where production and workplace safety standards are non-existent. It is a race to the bottom when it comes to our rights and those of workers. The workers are the losers, regardless of their origin or nationality. The problem with bilateral agreements of this sort is that the working class is not protected.

Canada-Jordan Economic Growth and Prosperity ActGovernment Orders

March 1st, 2012 / 11:35 a.m.

NDP

François Choquette NDP Drummond, QC

Madam Speaker, I thank my colleague for his excellent speech. I have some concerns about the free trade treaty. I always go back to NAFTA and its famous chapter 11, which has permitted multinationals to sue the Canadian government and other governments attempting to protect the environment. There have been some famous lawsuits in Canada. Certain multinationals have sued the Canadian government, which has had to compensate those multinationals in the millions and billions of dollars because it tried to prevent them, for example, from using chemicals hazardous to the environment and to human health.

This is one of my concerns. I hope my colleague will agree with me that it is absolutely necessary to ensure, when this free trade treaty is studied in committee, that our workers and our environment are protected.

Canada-Jordan Economic Growth and Prosperity ActGovernment Orders

March 1st, 2012 / 11:35 a.m.

NDP

Alain Giguère NDP Marc-Aurèle-Fortin, QC

Madam Speaker, this question is particularly relevant. This framework agreement is the first, and there may be others with other countries. Apparently we will be using it to develop trade agreements with other Middle Eastern countries. That is the problem. What standards are we going to apply? Theirs, ours, those upon which we do not agree, where there are differences of opinion?

Unfortunately, in Canada, it seems that NAFTA has driven standards down. If one of the two countries has a lower standard, that will become the standard applied with respect to the use of certain products. One of the products that poses problems, paradoxically, is asbestos. What will be done with asbestos? We want it banned here, and we hope for a stop to the production of this pure poison. But certain countries may be interested in using it to make finished products that are exportable worldwide. These are the inherent dangers of a trade agreement that is negotiated on the cheap, in a rush, without ensuring that all human rights are respected.