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

[Alexandre Boulerice, NDP, Rosemont—La Petite-Patrie, QC]

Mr. speaker, I would like to thank my colleague for having very clearly described the framework for the debate and the discussion we are engaged in with respect to this free trade treaty. He brought out the finer points, while focusing on the things that are important to us as progressives, which is to say environmental protection and respect for human rights.

What we have here is a very bad cut-and-paste version of George Bush style free trade agreements that place major corporations ahead of people.

I would like him to give us some further details about why Canadians should be worried and concerned about the fact that there is nothing about environmental protection or protection for the rights of workers, or about the fact that it may make our own working conditions worse.

[Robert Chisholm, NDP, Dartmouth—Cole Harbour, NS]

Mr. Speaker, my hon. colleague's question gets to who we are as Canadians, it gets to our values. Whatever the government of this country does, whether it is here in Ottawa, Halifax, Dartmouth--Cole Harbour, or whether it is in Panama, it reflects the values of the people of this country.

In a case like this where the government is negotiating a trade deal with a developing country, people are looking at our country and saying that we are taking advantage of that country, that we are a much bigger country, that we have a much bigger trade balance than Panama. They are saying that Panama is struggling and this country is taking advantage of it. People are saying that we do not care about the environment, about human rights or about labour protections. They and Canadians are increasingly asking what happened to the principles of justice, good governance and walking this earth with integrity.

[Raymond Côté, NDP, Beauport—Limoilou, QC]

Mr. Speaker, I would like to thank my colleague from Dartmouth—Cole Harbour for having given such an eloquent presentation that really went to the heart of the matter.

I wish to speak to my colleagues about another matter. I am very worried because a factory in my riding has been closed for a long time. One might reasonably hope that it could reopen within a few days, but unfortunately, the workers in my riding have no idea whatsoever about what the conditions will be like. Currently, it is owned by a private investor, or at least assumed to be.

Unfortunately, the Conservatives now want to raise the threshold for mandatory review of foreign investment to $1 billion. They want to raise it from $330 million to $1 billion. I am rather disturbed about this inconsistency in the government's approach to the management of our domestic economy while at the same time exporting problems that were created here in Canada by signing free trade agreements with countries whose treatment of their people raises serious doubts. There are all kinds of concerns about Panama.

Is my colleague as concerned as I am and can he tell us more about this matter?

[Robert Chisholm, NDP, Dartmouth—Cole Harbour, NS]

Mr. Speaker, the member is working hard for his constituents, who find themselves in the difficult situation of not having a job and are waiting with bated breath to know who is going to take over ownership of the country.

My colleague talked about foreign ownership. The government recently reduced that threshold of $1 billion. It reduced it considerably because everything in this country is for sale as far as the Conservative government is concerned.

The Conservative government is looking at countries around the world. China is taking a bigger stake in the oil sands in Alberta. An American company came up here and took over Caterpillar. Within five years it shut the company down. It took all the money, the tax breaks and everything else. That American company enjoyed all of the benefits of being in Canada. Caterpillar was shut down and the workers were put out of work. The company went back to the United States.

That is what happens when we do not have a government that is prepared to stand up for working people. They can be taken advantage of by foreign companies. Every Canadian has reason to be concerned about that.

[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.

But 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.

[Raymond Côté, NDP, Beauport—Limoilou, QC]

Mr. Speaker, I would like to thank the hon. member for Québec for her speech. It shows great intelligence and her great capacity for work. It is very promising. It makes me trust her work on the Standing Committee for International Trade. It is a committee that I am familiar with and I enjoyed my time on it very much. It is a fascinating field to learn about.

My colleague really put her finger on the problem of our Canadian values. These values are shared by people throughout the country, by 34 million Canadians. These values, of which we are extremely proud, are related to issues of world peace and human rights.

Sometimes I have the impression that the party in power, as well as the third party in the House, have confused these values with monetary values and other values relating to the development of natural resources or to human exploitation.

I will not hide the fact that I hesitated a long time in deciding that it was an approach that suffered from naïveté, which would be touching in other circumstances, were it not for the interests linked to it and to the fact that it might colour and in fact even damage and destroy our worldwide reputation. Or else, was it tied to much less commendable interests for a small portion of the population who profit handsomely from it, and have both hands in the cookie jar?

I would like to hear my colleague’s opinion on this issue.

[Annick Papillon, NDP, Québec, QC]

Mr. Speaker, I would like to thank my hon. colleague for his very astute comment.

It is indeed a question of values. We should also find out whether this agreement will benefit the entire population or only part of it. This is where the NDP differs with the government, which, all too often favours just some of the people.

This is something we have noticed in a number of policies, not just the policies involving free trade. We think it is important to promote these values for the benefit of all, not just for a portion of the population, and to do it in our own country, certainly, and also beyond our borders. These are also values that we would like to inculcate in the people of Panama. In fact, we would like to inculcate these values in everyone.

I would like to thank my honourable colleague for his very valid ideas, with which I completely agree.

[Kevin Lamoureux, Liberal, Winnipeg North, MB]

Mr. Speaker, I ask the member her thoughts on the issues of human rights, labour legislation and environmental concerns. She comes across as being fairly passionate in terms of freer trade maybe not being able to deal with those types of issue in these bilateral agreements.

My question to the member is related to countries like China, which exports billions of consumer products and dollars to Canada. I am sure she would have concerns related to those three issues. What would she suggest Canada do with those countries we currently trade with, where there are those types of concerns, or does it just apply to those countries where there are agreements in place?

[Annick Papillon, NDP, Québec, QC]

Mr. Speaker, human rights and the environment are issues of concern in any agreement with any country. However, what I wanted to emphasize in what I said was the idea of a multilateral approach. I meant a multilateral approach for other countries too, including Asian countries, where several countries can be involved. It is a better approach than bilateral agreements, which are often problematic.

This approach has often been suggested. I am thinking of Asia in particular because of the current situation. One frequently meets people—at the Standing Committee on International Trade, for instance—who suggest the idea of developing this multilateral approach and encourage us to think more seriously about it. That is why, in this case, I said to myself that it may be an answer.

It will never be possible to solve all the world’s human rights and environmental problems, but at least we can have the desire and show the leadership to work in that direction and to promote it. Nothing has even been said here about what is happening in this country. It is as if it did not exist. That is the problem.

[Élaine Michaud, NDP, Portneuf—Jacques-Cartier, QC]

Mr. Speaker, like many of my colleagues, I am rising in the House today to speak about Bill C-24, An Act to implement the Free Trade Agreement between Canada and the Republic of Panama, the Agreement on the Environment between Canada and the Republic of Panama and the Agreement on Labour Cooperation between Canada and the Republic of Panama.

As many of my colleagues have already pointed out, Bill C-24 is a new version of a bill that was introduced in the House during the previous Parliament, but that died on the order paper at the time.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

[Kevin Lamoureux, Liberal, Winnipeg North, MB]

Mr. Speaker, I am wondering to what degree the NDP will have credibility on the issue of free trade agreements. On the one hand, when we look at 2015, it will be saying that it supports fair trade but that it does not support free trade agreements, and yet hundreds of thousands of Canadians have benefited immensely. I cited the potato industry in Manitoba.

Canada is an exporting nation and we are very dependent on our ability to trade worldwide. That is what generates jobs and wealth.

After listening to members of the NDP, there is a difference between the NDP and the Liberals. We see the value of freer trade agreements.

Contrary to what the member's colleagues would have said on the front benches, if, for example, the amendments the NDP proposed in committee had passed, would the NDP members then have supported the bill in the House?

[Élaine Michaud, NDP, Portneuf—Jacques-Cartier, QC]

Mr. Speaker, I believe that some of the nuances of my speech and those of my colleagues were not grasped by the member in the corner. I liked what the member for Davenport said earlier.

From the beginning the NDP has said that it encourages free trade if it is fair and just. This has yet to be seen in Canadian history. In the future, we will have a great deal of credibility among workers whose rights we will have defended, among Quebeckers whose culture we will have defended—an aspect sometimes neglected by these free trade agreements—and among future generations, for protecting the environment.

By defending the principles of social justice, the fight against poverty and strong public programs to help people, we will have the credibility needed to vote for the next free trade agreements that will respect the principles we defend.

[Djaouida Sellah, NDP, Saint-Bruno—Saint-Hubert, QC]

Mr. Speaker, I would like to thank my colleague for her eloquent speech and clear explanations. There are no doubts.

I would like my colleague to comment on the current scenario. From the beginning, the Conservative government has used the muzzle and the bayonet. Now, it will find itself with a trade agreement with a country that is a poor student and a tax haven.

I would like to know what impact this will have on workers' rights, on the right to association and the right to strike. Unfortunately, these rights are not in the Canada-Panama free trade agreement.

[Élaine Michaud, NDP, Portneuf—Jacques-Cartier, QC]

Mr. Speaker, I would like to thank my colleague for the very important and greatly appreciated work that she does for her constituents.

The problems with the right to negotiate, freedom of association and the right to strike are likely to be very serious for the countries of South America, primarily for Panama, because this type of agreement contains no guarantee those rights will be protected.

We are already flouting the rights of our Canadian workers by stopping them from negotiating their collective agreements and by preventing negotiations in good faith. Basically, the government is telling employers that they do not have to try and negotiate because it will be there to save them and to give them exactly what they want at the expense of the workers, who will have to make do with whatever salaries and working conditions employers want to give them. This kind of risk is very real, and it already exists in Panama, where the workers do not have the same rights as we do at all.

In signing such agreements without protecting their rights, we will merely be worsening their working conditions, and we will not be able to pass on the democratic social values particular to Canadian society that should be spread throughout the world.

[The Acting Speaker, Conservative, Bruce Stanton]

Before recognizing the hon. member for Longueuil—Pierre-Boucher, I must inform him that I will have to interrupt him at 6:30 p.m., at the end of the time provided for government business.

The hon. member for Longueuil—Pierre-Boucher.