Bill C-24 (Historical)

Canada–Panama Economic Growth and Prosperity 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 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.

Canada-Panama Economic Growth and Prosperity Act

[Gerald Keddy, Conservative, Parliamentary Secretary to the Minister of International Trade]

Mr. Speaker, we have had copious and lengthy debate on the bill already but we will continue to debate the bill because it is an important bill for Canadian businesses, for Canadian industry, for Canadian workers and, quite frankly, for Panama.

The biggest issue for me when we look at these free trade agreements, regardless of which countries around the world we are entering into an agreement with, is that we are already trading with Panama. The NDP want us to spell it out that somehow this is a rogue nation with which no one is trading. When the Panama Canal is finished, 5% of all the containers on the world's oceans will go through the Panama Canal. That is an extremely important nation in our hemisphere. We are trading with it already. How can it hurt to put a rules based system in place so we know and can expect how our trading relationship will unfold?

I find it extremely troublesome that all the NDP members can do is find a reason not to support something, instead of looking for all of the good parts and the positive parts of this agreement.

As I said when I stood up, I am pleased to rise to speak to Bill C-24, the legislation to implement the Canada-Panama free trade agreement. I will spend a few moments today talking about how this agreement fits into Canada's engagement in the Americas.

Five years ago, while on a week-long tour of the Americas that included Bogota, Colombia and stops in Barbados and Haiti, the Prime Minister declared that reviving and expanding Canada's political and economic engagement in the Americas would be a major foreign policy goal of our government.

Last summer, the Prime Minister and the Minister of International Trade made a highly successful visit to Brazil, Colombia, Costa Rica and Honduras. During that visit, the Prime Minister made it clear that Canada was an active player in the hemisphere, strengthening economic ties with its partners, improving market access and promoting security, all things that I would think every member in this House could support.

Our commitment to the Americas is evident through the 175 ministerial visits to Latin America since we formed government in 2006, and the 20 countries in the Americas with which we have signed or are pursuing free trade agreements.

Canada is committed to playing an even larger role in the Americas, and doing so for the long term. Part of this commitment involves fostering closer economic ties with regional partners to promote trade, investment and prosperity across the hemisphere.

The Canada-Panama free trade agreement will support job creation and economic growth in Canada and Panama, which, in turn, will contribute to advancing security and democratic governance in the region. It is an important part of our job creating free trade plan.

Our government is in the midst of the most ambitious free trade plan in Canada's history. Our government understands that one in five jobs and 60% of our GDP depends upon trade. Jobs and prosperity in communities across Canada depend on the opportunities that free trade agreements, like the Canada-Panama economic growth and prosperity act, create.

Since 2006, we have concluded free trade agreements with nine countries and we are in negotiations with many more. That includes negotiations with the European Union and India. Just recently, the Prime Minister and Prime Minister Noda of Japan announced the launch of negotiations toward a free trade agreement that will deepen the trade and investment ties between Canada and Japan.

Free trade agreements help our businesses compete in global markets and, when our business succeed in global markets, Canadians succeed.

I will take a moment to talk about the opportunities in Panama for Canadian business, for Canadians and s for Panamanians in Canada. Panama is often referred to as the gateway to Latin America and its critical role in connecting the Latin American region also enhances the importance of a Canada-Panama free trade agreement.

Panama has long been considered a logistic centre and international connection point in the Latin American region. Over the years, Panama has evolved to become the pre-eminent air transportation hub and is now ranked as having the highest air connectivity in the Americas by the International Air Transport Association. Panama is also a central point for goods travelling to Latin America, a nexus for international trade and a strategic hub for the region.

According to Panamanian estimates, 5% of the world's trade passed through the Panama Canal in 2010. The Panamanian government's large investment to expand the Panama Canal means that Panama is positioned to play an increasingly important role in the Latin American region.

Panama's unique and influential position in the global trading system is significant. It represents an entry point for the broader region thereby enabling access to neighbouring markets. A free trade agreement with this strategically positioned partner would serve as a gateway for an increased Canadian commercial presence in both the Caribbean and Latin America.

As our results clearly demonstrate, Canada has provided global leadership throughout these difficult economic times by encouraging free trade and open markets. Our commitment to free trade is key to Canada's economic strength.

We will continue to open doors for Canadian companies in the Americas and around the world. We are enhancing trade and investment in the Americas by encouraging deeper commercial relationships and engaging in free trade negotiations, and with great success.

For example, our free trade agreements with Peru and Colombia are now enforced, and Canadian companies are taking advantage of the new opportunities these agreements have produced.

In August 2011, Canada and Honduras announced the conclusion of negotiations toward a Canada-Honduras Free Trade Agreement. The same month, Canada also announced that it would work with Costa Rica to modernize and broaden the scope of the Canada-Costa Rica Free Trade Agreement. An updated free trade agreement with Costa Rica stands to lower remaining tariffs on goods and would remove trade barriers in a broad range of sectors, creating new potential opportunities for Canadian construction, manufacturing and agriculture industries.

In April 2012, Canada and Chile signed an agreement to amend the Canada-Chile Free Trade Agreement, including the addition of a financial services chapter, which will ensure that Canadian financial institutions enjoy preferential access to the Chilean market.

We are not stopping there. As was announced last year, Canada is also engaged in exploratory discussions with Mercosur to enhance our trade relationship with this regional bloc, which includes Argentina, Brazil, Paraguay and Uruguay.

The trade agreements that Canada has negotiated or is looking to negotiate give our businesses an additional competitive edge that will help them succeed in these regional markets. That is why I am asking members to pass Bill C-24, implementing the Canada free trade agreement.

Our commitment to further liberalize trade and investment is a key component to our engagement in the Americas. Through the lowering of tariffs and the promotion of investment and commercial relationships, our government is supporting the efforts of Canadian businesses by helping them establish a strong presence in these foreign markets.

I am pleased to say that our businesses have seized the opportunity. Canadian firms have been forging commercial ties in the region for decades. Today we can find Canadian businesses, goods, services, expertise and investment dollars at work throughout Latin America and the Caribbean. This is a result of diverse opportunities and strong commercial ties throughout the region that are facilitated through free trade agreements. Many products manufactured in the region are using Canadian inputs before being sold domestically across Latin America and around the world.

I would repeat, once again, that I ask my Liberal and NDP colleagues here in the House to put partisan politics aside and look at what is to be gained here. This is not a complicated trade agreement. For example, there is a small company that makes oil and gas equipment in my riding of South Shore—St. Margaret's, in Nova Scotia. They have another company in Mexico. Mexico has no tariff for goods going into Panama. However, we pay an 18% tariff. The product that the company is making today and selling in Panama is being made in Mexico so it can avoid the 18% tariff.

If we bring down the tariff walls, there are advantages there for Canadian businesses and for Panamanian businesses. Everybody gains. The hemisphere gains. Canada is a sought-after partner in the Americas.

We need to take advantage of the position we are in, the hard work that our government and other—

The House resumed from May 28 consideration of the motion that 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, be read the second time and referred to a committee, and of the motion that this question be now put.

Bill C-24 — Time Allocation Motion

[Peter Van Loan, Conservative, Leader of the Government in the House of Commons]

moved:

That, in relation 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, not more than seven further hours shall be allotted to the consideration at second reading stage of the bill; and

at the expiry of the seven hours, any proceedings before the House shall be interrupted, if required for the purpose of this Order, and in turn every question necessary for the disposal of the said stage of the said bill shall be put forthwith and successively, without further debate or amendment.

[Peter Van Loan, Conservative, Leader of the Government in the House of Commons]

Mr. Speaker, I am not quite as enthusiastic as the member for Saint-Laurent—Cartierville, but I will try.

This morning, my hon. friend, the member for Edmonton—Leduc and chair of the hard-working Standing Committee on Finance reported to this House that Bill C-38, the Jobs, Growth and Long-term Prosperity Act, has passed the committee and been recommended for adoption by the House.

I am pleased that the Standing Committee on Finance followed the lead of the House with respect to the longest debate on a budget bill in the past two decades. The committee gave this bill the longest consideration for a budget bill in at least two decades. That is in addition to the subcommittee spending additional time to consider the responsible resource development clauses.

This very important legislation, our budget implementation legislation, economic action plan 2012, will help to secure vital economic growth for Canada in the short, medium and long term. Given the fragile world economy that is around us, this bill is clearly needed, so we must move forward. Therefore, I plan to start report stage on the bill Monday at noon.

In the interim, we will consider second reading of Bill C-24 this afternoon. This bill would implement our free trade agreement with Panama, which I signed when I was international trade minister, some 755 days ago. It is now time to get that bill passed.

Tomorrow, we will consider third reading of Bill C-31, the protecting Canada's immigration system act, so the Senate will have an opportunity to review the bill before it must become law, within a few weeks' time.

Next week I plan to give priority to bills which have been reported back from committee. It goes without saying that we will debate Bill C-38, our budget implementation bill. I am given to understand that there is a lot of interest this time around in the process of report stage motion tabling, selection and grouping.

Additionally, we will finish third reading of Bill C-25, the pooled registered pension plans act, and Bill C-23, the Canada–Jordan economic growth and prosperity act.

The House will also finish third reading of Bill C-11, the copyright modernization act. The bill is a vital tool to unlock the potential of our creative and digital economy. It is time that elected parliamentarians should have their say on its passage once and for all. I would like to see that vote happen no later than Monday, June 18.

If we have time remaining, the House will also debate second reading of Bill C-24, the Panama free trade act, if more time is necessary, as well as for Bill C-7, the Senate reform act, and Bill C-15, the strengthening military justice in the defence of Canada act.

Bill C-24—Notice of time allocation motion

[Peter Van Loan, Conservative, Leader of the Government in the House of Commons]

Madam Speaker, while I am on my feet, I might add that I did have the great pleasure of being Canada's international trade minister in representing Canada around the world. On May 14, 2010, in that role, I signed the Canada-Panama Free Trade Agreement. This agreement will help Canadian businesses create jobs and economic growth through expanded exports, but only if it becomes law.

It has been 754 days since I signed that agreement. Unfortunately, we have had an opposition that is ideologically opposed to free trade and unwilling to let the bill get to a vote. Thus, I regretfully again must advise that an agreement has not been reached under the provisions of Standing Order 78(1) or 78(2) with respect to the second reading stage of 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.

Under the 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 the consideration and disposal of proceedings at the said stage.

Business of the House

[Peter Van Loan, Conservative, Leader of the Government in the House of Commons]

Mr. Speaker, this afternoon, we will continue with the NDP's opposition day motion.

Tomorrow, we will finish report stage on Bill C-31, the Protecting Canada's Immigration System Act. Including second reading, this will be the eighth day of debate on the bill, in addition to many committee meetings. As the Minister of Citizenship, Immigration and Multiculturalism told the House on Tuesday, this bill must become law by June 29.

On Monday, we will resume the third reading debate on Bill C-25, the pooled registered pension plans act. Following question period that day, we will mark Her Majesty the Queen's jubilee and pay tribute to her 60 years on the throne. After that special occasion, we will get back to the usual business of the day, debating legislation. Bill C-23, the Canada–Jordan economic growth and prosperity act, will be taken up at report stage and third reading.

Jumping ahead to next Thursday, we will resume debating Bill C-24, the Canada–Panama economic growth and prosperity act, at second reading. I would also call Bill C-25 that day if the debate does not finish on Monday.

Finally, June 5 and 6 shall be the seventh and eighth allotted days, both of which will see the House debate motions from the NDP.

I can confirm notice of a motion for unanimous consent regarding the private member's bill, Bill C-311. This is the bill to amend the Importation of Intoxicating Liquors Act that the NDP filibustered the other day. I understand the NDP has now agreed that was a mistake and it is willing to allow it to proceed to a vote at this time. Therefore, we anticipate we will be consenting to that motion to undo the damage that the NDP unwisely did when it filibustered the bill previously.

Canada–Panama Economic Growth and Prosperity Act

[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 to me, 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.

[Annick Papillon, NDP, Québec, QC]

Mr. Speaker, as a member of the Standing Committee on International Trade, I am pleased to speak to Bill C-24, the Canada–Panama Economic Growth and Prosperity Act.

To be acceptable and really effective, free trade agreements have to do more than just open new markets like Panama. They have to be based on fair, sustainable principles that benefit both countries. The free trade agreement we are debating today does not really meet these criteria. In fact, this agreement has problems that are common to many of our free trade agreements. I would like to talk about these problems, as some of my colleagues have done.

One of the most disturbing parts of the agreement is in chapter 9, which has to do with investment. This chapter covers the same principle as chapter 11 of NAFTA, which allows a company to sue a government if it creates regulatory barriers to trade.

According to Todd Tucker of Public Citizen's Global Trade Watch, who testified before the Standing Committee on International Trade on November 17:

Panama is one of the world's worst tax havens. It is home to an estimated 400,000 corporations, including offshore corporations and multinational subsidiaries. This is almost four times the number of corporations registered in Canada. So Panama is not just any developing country.

Indeed, for decades, the Panamanian government has been deliberately pursuing a tax haven strategy. It offers foreign banks and firms a special offshore licence to conduct business there. Not only are these businesses not taxed, but they are subject to little to no reporting requirements or regulations.

According to the OECD, the Panamanian government does not have the legal capacity to verify key information on these businesses, such as, for example, their capital structure. Panama's shadowy financial practices also make it a very attractive place to launder money that comes from all over the world.

According to the U.S. state department, major Colombian and Mexican drug cartels, as well as Colombian illegal armed groups, are using Panama for drug trafficking and money laundering purposes.

The Canada-Panama trade agreement could even exacerbate the problem posed by Panama's status as a tax haven. As the OECD pointed out, signing a trade agreement without first tackling Panama's shadowy financial practices may lead to greater tax evasion. So, an agreement with Panama would facilitate tax evasion, which would result in large sums of money not being collected by the taxman, Need I remind the House that this is a period of budget austerity, when that money is badly needed for our public services.

There are no restrictions on capital entering or exiting Panama. Transactions are protected by banking secrecy, and financial activity is not monitored. There is also a somewhat more specific problem in this case, and that is the absence of a tax information exchange agreement. The negotiation of a free trade agreement should be an opportunity to encourage Panama to be more transparent about tax evasion.

Although the importance of dealing with problems caused by tax havens was highlighted at the 2009 meeting of the G20 in London, Canada is moving in the opposite direction and is creating a new means of facilitating the flight of capital. This type of strategy is just irresponsible.

We should also note the serious environmental problems in Panama. While this deal includes an agreement on the environment, as we saw with the free trade agreement with Colombia—which has a separate agreement on the environment—it actually provides no enhanced protection for the environment or the resources in affected communities. Given Panama's very lax environmental regulations, especially when it comes to mining, this oversight is extremely worrying.

We know full well the devastating impact of deforestation, especially in that area of the world. Instead of taking real action to address the current and impending threats to Panama's precious natural resources, the Canada-Panama trade agreement risks encouraging a race to the bottom on environmental protection. Probably a new version of Easter Island.

Why is the government so willing to ignore the huge threats to Panama's environment? All trade agreements, including this one, should respect sustainable development and the integrity of all ecosystems.

However, seeing that this government cut eight ecotoxicology positions at the Institut Maurice-Lamontagne, I imagine that it does not understand the importance of preserving these ecosystems.

There are also problems when it comes to protecting workers. Panama 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.

The Canada–Panama agreement does not include specific protection for the right to associate 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.

The trade agreement does not level the playing field for investors and workers. 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. Based on our experience with agreements modelled on NAFTA, governments are not inclined to go down that road.

Unfortunately, the trade agreement with Panama does not address any of these issues. In fact, the agreement does not refer to drug trafficking, tax havens or money laundering. It does have a side agreement to deal with labour, but we already know from previous efforts with such side agreements that they have no real effect on improving labour conditions in a country.

Quebeckers and Canadians will not benefit from the agreement any more than Panamanians. Moreover, in the agreement, there are several measures modelled on World Trade Organization agreements, which have been contested for some time by southern countries.

The Canadian government justifies this accord by the fact that Panama is an established market for Canada, and that bilateral trade and investment relations show strong, long-term growth potential. Some big Canadian businesses have sniffed out good deals and believe that the accord will facilitate trade relations with Panama, despite its dubious reputation, but what price will be paid by Canadians, Panamanians and all future generations?

We, the members of the opposition, proposed changes to improve this agreement. During the clause-by-clause study, we proposed 11 amendments that would have made this bill more progressive. For example, we suggested adding certain essential concepts, such as sustainable development and investment and, more importantly, transparency requirements for taxation. The Conservatives, together with the third party, rejected our amendments. That shows how backwards those two parties are when it comes to responsible, appropriate fiscal policy.

The NDP, for its part, prefers a multilateral approach based on a sustainable trade model. That might be the main difference. Bilateral trade agreements are usually protectionist trade agreements that grant preferred treatment to some trading partners to the exclusion of others. Weaker countries typically find themselves in an inferior position relative to bigger partners. A sustainable multilateral trade model avoids those problems and protects human rights and the environment. That is why these elements should be more prominent not only in this agreement, but also in other free trade agreements. That could be one way to solve the problem. That is our proposal.

I would like to end by talking about values, because I think values are also involved. This free trade agreement could allow us to assert our own Canadian values almost everywhere in the world. Our values could be reflected in our free trade agreements; they could be understood; they could be seen; and they would be clear. This would be interesting. In fact, I do not want to speak against the people of Panama. I just think that this agreement is not good for us, nor is it good for them.

[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.

[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.

[Andrew Cash, NDP, Davenport, ON]

Mr. Speaker, it is an honour to rise this afternoon to speak to the bill, which our party is opposing, Bill C-24, a free trade agreement with Panama.

Many people on the other side of the aisle have been asking us today what kind of deals we support. We stand very clearly in support of fair trade.

This agreement is a marginally improved copy of the George Bush era style. It puts big business before people. There is no effective enforcement of human rights. There is lip service to environmental protections without any real tough measures or dispute mechanisms. It is a NAFTA copycat. These agreements have been in the past designed for trade between two industrialized countries. We have ourselves and Panama which is currently a developing nation.

This is a deal that was negotiated, like others, in record time, without consultation with trade unions, environmental groups, civil society or citizens.

A fair, sustainable trade deal would not only address the needs of business, but it would also address the needs of workers and the concerns over the environment. We have global environmental issues. We have global issues around workers' wages and workers' rights. These need to be reflected in any deal that Canada signs internationally because what we sign internationally speaks to who we are as a country.

According to, not just us, but the U.S. department of justice and other entities, Panama is a major conduit for Mexican and Colombian drug traffickers and their money laundering activities.

The OECD has noted that having a trade agreement without first tackling Panama's financial secrecy practices could incentivize even more offshore tax dodging. There is a reason to believe that the trade deal would not only increase tax haven abuses but would also make fighting them that much harder.

It is one of the many ironies that we experience in this House daily. We have a government that pretends to trumpet this belief in law and order domestically but will play footsie internationally with regimes that do not have proper transparency or accountability when we are talking about organized crime, drug cartels, when it is clear that Panama has not tightened up its measures around tax.

My colleague from Burnaby—New Westminster put forth several moderate amendments that dealt with some of the fundamental issues that Canada stands for: fairness, treating workers fairly, allowing for collective bargaining and protecting workers and the environment. We on our side do not believe that economic development, economic activity and stewardship of our environment are mutually exclusive terms. We believe they can work together. In fact, we believe that is the key to future prosperity, not just for Canada but for countries like Panama.

The NDP has consistently opposed NAFTA-style trade templates that focus on the interests of multinational corporations and ignore these other basic important elements of any free, democratic civil society, and that is workers' rights and the environment.

This trade model ultimately rejects fair and sustainable trade which, in turn, generates discontent and protectionism. The NAFTA model has shown unparalleled efficiency in driving and entrenching the political and economic domination of large transnational corporations and is currently at the heart of the ongoing drive for bilateral FTAs.

In our country and in my riding, there are many immigrants and new Canadians who are desperate for work. They are sometimes working three jobs at minimum wage just to make ends meet. We do not need one more instrument in the race to the bottom for wages, not just in Canada but internationally. We need to create good jobs, protect workers' wages and allow workers to bargain collectively not just here but in countries that we deal with. In fact, trade agreements are economic agreements and partnerships between us and other countries but, as I have already said, they also speak to who we are as a country. Are we a country that is willing to toss aside, throw overboard, throw under the bus, whatever metaphor one wants to use, those things which our forefathers and foremothers fought for?

I go back to workers' rights. This deal echoes the Canada-Colombia Free Trade Agreement. I know the party in the corner seemingly had no problem with the ways in which workers' rights were not protected in that agreement. It is willing to throw workers under the bus in this instance, too. We expect that from the government and we are getting used to it from the Liberals, but we on our side will not do that.

What do we stand for? What does fair trade look like to us? We believe in an alternative and better form of trading. As an aside, which is not a minor aside, there are other countries that aggressively promote their businesses internationally and locally. There are countries that spend hundreds of times more than we do promoting, for example, their wine industries abroad and we are not doing that here. In other words, we have many ways in which to promote trade with other countries, celebrate and promote the innovation, technology and things we produce here in Canada and we are missing out on those opportunities. We are missing out on them in the ever-expanding arts and culture sector. I can say that from first-hand experience.

The New Democrats believe in an alternative, in a better form of trading, in providing a comprehensive and commonsense impact assessment on all international agreements that demonstrate that the trade deals Canada negotiates are beneficial to Canadian families, workers and industries, and that the government does not sign any trade agreement that would lead to a net job loss. What could be controversial in an amendment like that? That seems like due diligence to us. It seems like a no-brainer. We want to ensure that the deal we sign will not create net job losses. There should be a means test of assessing whether this agreement is good for the Canadian economy, not just a few large multinational corporations that get backdoor access to government ministers.

Those are some of the ways in which we believe that international trade agreements should be negotiated. We also know that many Canadian workers, families and businesses support this direction.

The House resumed consideration of the motion that 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, be read the second time and referred to a committee, and of the motion that this question be now put.

[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.

[Jack Harris, NDP, St. John's East, NL]

Mr. Speaker, I am grateful for the opportunity to speak today on 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.

This trade agreement is one of a series of agreements that the government has gotten into very hastily. This is another one that was negotiated in record time, without proper consultation, and our party has opposed it.

I do not want anyone to think that our party is opposed to trade. I know it is a common mantra for those opposite that New Democrats are opposed to trade; we are not opposed to trade. However, we are opposed to this trade deal.

I only have 10 minutes, so I will try my very best to be succinct in stating why we are opposed to this particular trade deal.

As I mentioned, it was done hastily and without consultation with relevant stakeholders, as well as without consultation with trade unions and environmental groups in Panama. It was done without consultation with civil society or citizens in Canada and Panama who have an interest in these agreements. It was done without respect for labour standards and collective bargaining, despite the addition of a labour agreement.

There is no protection against money laundering and tax cheating in a country that has been decried a tax haven.

There is no commitment in the agreement to sustainable development and sustainable investment, which should be an important part of any free trade deal.

When we talk about trade in this country, we should not just be talking about the movement of goods. We need to be talking about a partnership, but what we have seen is the government making hasty trade deals that do not respect what Canada wants and needs.

If trade was all about free trade deals, Canada's trade would be increasing and improving, not getting worse. The government members talk about how they are very interested in trade and carrying on with these trade deals, but where are the results? When we look at the difference between signing free trade deals and actually increasing trade, Canada's trade has actually deteriorated. The quantity of goods and services shipped abroad from Canada is actually 7% lower than when the government took office. It is lower than it was back in the year 2000. What we do see in trade is an ever-increasing proportion of raw materials and raw resources, especially oil, making up that trade.

At one time, we had a very impressive trade surplus with other countries. That has now gone into a deficit. Even though we have increasing petroleum sales, 3% of GDP per year is in fact a decrease in sales.

This is from a report by Jim Stanford, an economist with the Canadian Auto Workers, that was published in The Globe and Mail on May 21. He is obviously very concerned about issues, particularly in the manufacturing trade. He has done a study of our longest-standing free trade pacts, which are with the United States, Mexico, Israel, Chile and Costa Rica. What is interesting is that our exports to those countries have in fact grown more slowly than our exports to non-free trade partners, while our imports from these countries have surged much faster than with the rest of the world.

Therefore, if our goal—which is a sensible one, according to Mr. Stanford—is to boost exports and to strengthen the trade balance, then signing free trade deals, as we have done, is exactly the wrong thing to do.

What is very interesting is that the five biggest trade deals we have had have resulted in more imports to us from these country, which is good for them, but fewer exports to them. We have not increased our trade nor boosted our proper partnerships.

The problem is pretty difficult, particularly for some aspects of our economy. We are seeing an endorsement by the government of an over-valued currency. We have heard our leader talk about that. I know many people in this country do not want to talk about that. The members opposite do not like to talk about the fact that our currency is over-valued and is trading at some 25% above its purchasing power parity with other countries,. However, it does hurt Canada's exports and skews our trade with other countries, particularly the kind of trade that takes place when we are exporting unprocessed materials, including crude oil, bitumen in particular, without refining it. If we are not refining the stuff here and we are not making mining machinery here, our capacity to produce higher-end products will further diminish.

We do have a significant problem with trade and we have a problem that is not being fixed by these free trade deals.

What does the NDP support? We support trade, but we support fair trade. We want to ensure that the trade agreements we sign with other countries are fair and reasonable for both parties, partnerships that build positive relationships and not just open doors.

For example, in Panama we have situation where the government of Panama has refused various Canadian requests to sign an agreement to share tax information. It is extremely important in terms of transparency to have a tax information exchange agreement. The Government of Panama has refused, but Canada goes along with it anyway.

What is it we want as New Democrats? What do we want to have in trade agreements? First, in order to have a totally fair trade strategy, we want to have a comprehensive, common sense impact assessment for each agreement that we enter into that demonstrates that trade deals with Canada are beneficial for Canadian families, workers and industries, and that we do not have a trade agreement that will lead to a net job loss.

Second, we want to ensure that any agreement we negotiate supports our own sovereignty, our freedom to chart our own policy in the future and our ability to be competitive on the world stage, and that it supports the principle of a multilateral fair trade system.

Third, it is fundamentally important that all trade agreements promote and protect human rights by prohibiting the import, export or sale in Canada of products that are deemed to have been created under sweat shop conditions, forced labour or conditions that are not in accordance with fundamental labour standards and human rights.

Fourth, we also want to ensure that all trade agreements respect sustainable development and the integrity of all ecosystems.

Fifth, we want to be clear that before we go ahead with any enabling legislation, it be subject to a binding vote on whether we accept the terms of the agreement. The current system of tabling agreements in the House for a period of 21 days prior to ratification is neither mandatory nor binding.

In the case of the Panama trade deal, we see a repetition of the failures of previous trade deals to be fair, to be reasonable, to respect human rights, to provide the kind of protections that Canadians need and actually lead to increased trade from Canada to these countries.

The House resumed from March 29 consideration of the motion that 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, be read the second time and referred to a committee, and of the motion that the question be now put.