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 bill was last introduced in the 41st Parliament, 1st Session, which ended in September 2013.

Sponsor

Ed Fast  Conservative

Status

This bill has received Royal Assent and is now law.

Summary

This is from the published bill. The Library of Parliament often publishes better independent summaries.

This enactment implements the Free Trade Agreement and the related agreements on the environment and labour cooperation entered into between Canada and the Republic of Panama and done at Ottawa on May 13 and 14, 2010.
The general provisions of the enactment specify that no recourse may be taken on the basis of the provisions of Part 1 of the enactment or any order made under that Part, or the provisions of the Free Trade Agreement or the related agreements themselves, without the consent of the Attorney General of Canada.
Part 1 of the enactment approves the Free Trade Agreement and the related agreements and provides for the payment by Canada of its share of the expenditures associated with the operation of the institutional aspects of the agreements and the power of the Governor in Council to make orders for carrying out the provisions of the enactment.
Part 2 of the enactment amends existing laws in order to bring them into conformity with Canada’s obligations under the Free Trade Agreement and the related agreement on labour cooperation.
Part 3 of the enactment contains coordinating amendments and the coming into force provision.

Elsewhere

All sorts of information on this bill is available at LEGISinfo, an excellent resource from the Library of Parliament. You can also read the full text of the bill.

Votes

Nov. 7, 2012 Passed That the Bill be now read a third time and do pass.
Nov. 6, 2012 Passed 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 two further sitting days shall be allotted to the consideration of the third reading stage of the Bill; and That,15 minutes before the expiry of the time provided for Government Orders on the second day allotted to the consideration of the third reading stage of the said Bill, 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 Bill shall be put forthwith and successively, without further debate or amendment.
June 20, 2012 Passed That the Bill be now read a second time and referred to the Standing Committee on International Trade.
June 20, 2012 Passed That this question be now put.
June 7, 2012 Passed 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 that, at the expiry of the seven hours on the consideration of the second reading stage of the said Bill, 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 Bill shall be put forthwith and successively, without further debate or amendment.

Canada-Panama Economic Growth and Prosperity ActGovernment Orders

June 19th, 2012 / 3:10 p.m.
See context

NDP

François Lapointe NDP Montmagny—L'Islet—Kamouraska—Rivière-du-Loup, QC

Mr. Speaker, I am pleased to rise in this House to discuss Bill C-24 to implement the free trade agreement between Canada and Panama.

First, I would like to point out that, once more, this motion is subject to time allocation. This is the 25th time this year that we have had to put up with a motion of that kind.

I am going to make a somewhat lengthy comment about the level of absurdity that this Parliament has reached by being constantly constrained by the party in power. This week—actually for two weeks—we have watched the heights of contempt for this Parliament being scaled with Bill C-38. The Conservatives refused to split up a budget bill of more than 400 pages that has impacts on all kinds of departments: Aboriginal Affairs and Northern Development, Natural Resources, Agriculture and Agri-Food, not to mention Human Resources and Skills Development because of the employment insurance issue that affects fisheries and tourism and that got a very poor reception from most Canadians. The provincial governments are angry. Another concern, and not the least of them, is the Canadian Environmental Assessment Act.

All of this is in a huge bill on which we were muzzled. The hon. members opposite are constantly throwing numbers at Canadians: 50 hours, 70 hours. Those numbers cannot really be weighed by someone who is not in the House. They do not accurately reflect the time that members would normally have required to share information and hear from witnesses in committee on such dense bills, had the work of Parliament been respected by the current government in this House.

Another aspect of Bill C-38 is completely mind-boggling. Just thinking that we were muzzled on it is astounding. There were decisions to eliminate organizations. Division 33 of part 4 repeals the International Centre for Human Rights and Democratic Development Act and allows the government to take the necessary measures to do away with the centre. We are gagged on fundamental issues dealing with the elimination of organizations that have been very important to the development of Canadian policies.

On the Experimental Lakes Area, Mr. Del Giorgio, a professor of biology, said:

This is a disaster of proportions...that are hard to describe. It is not just the Canadian scientific community that is completely outraged; people from all over the world are sending petitions.

The government is shutting down the Experimental Lakes Area, not just slashing its budget.

For two weeks, we were simply gagged on that as well.

Here we are with Bill C-24 before us, a free trade agreement. This is not some minor information that can just slip through. This is a potential free trade agreement with a country in the Americas. That is important. Has this bill received unanimous support? If the bill had unanimous support, we could perhaps better understand why a gag order was imposed again, but no, we have before us a bill that does not have unanimous support.

Todd Tucker, from Public Citizen's Global Trade Watch, has conclusively demonstrated that Panama is one of the worst tax havens in the world and that the Panamanian government has deliberately allowed the country to become a tax haven.

Despite requests from the Canadian government, Panama refused to sign a tax information exchange agreement. This point is very important. At some point during the whole free trade agreement process with Panama, the Canadian government asked for a tax information exchange agreement. Why? First, Panama has some serious problems with illegal money and money laundering associated with illegal drugs.

There is something I do not get at all. There are members here who brag about being tough on crime. They are in the middle of negotiating with a small Latin American country that has a serious money laundering problem associated with drugs and, suddenly, it is no big deal.

The Conservatives want to be tough on crime with a 16-year-old kid who makes the mistake of growing a few pot plans in his basement, but they do not have the courage to apply their own tough on crime logic, in an international agreement, to a problem as serious as money laundering associated with drugs. That makes no sense at all.

My NDP colleague from Burnaby—New Westminster moved a motion to stop the implementation of a trade agreement between Canada and Panama until Panama agrees to sign a tax information exchange agreement. This motion was rejected by the Liberals and the Conservatives. But in light of this situation, it made sense to resolve this issue first. Other countries, including the United States, that came to agreements with Panama signed similar agreements.

I will repeat, because this is a very important point. Why did a so-called tough on crime government disregard the very idea of a tax information exchange agreement that could have covered all types of trade agreements? This could have perhaps covered the problems related to money laundering. How could this have been excluded from the negotiations and not remain central to the agreement? I do not understand it.

This is not a unanimous bill, and so it is not a bill that should be muzzled. Teresa Healy of the Canadian Labour Congress testified that although the minimum labour standards of the International Labour Organization are cited, the agreement is still weaker than it should be. Moreover, as Ms. Healy pointed out, the current Panamanian government has become increasingly tough on unions and workers in recent years.

Some things having to do with workers' rights and fundamental human rights have not yet been resolved.

Muzzling debate about Bill C-24 amounts to muzzling debate on tax evasion and workers' rights. This is not trivial; it is really not trivial.

Panama is not Norway. You need to show a good dose of bad faith to throw the name Panama in the middle of existing agreements with northern European countries. That is what I heard two or three times from colleagues on the opposite side of the House. You cannot put Panama on the same list as Norway and Switzerland without showing bad faith.

A fair trade policy can be realistic. For instance, from the beginning of our discussions with emerging countries, we should demand standards regarding human rights and tax ethics that are in line with Canadian standards. It would be simple. We would not have any surprises or any appendices to add at the end, but rather just the fundamental principle whereby all trade agreements must protect and promote human rights. We should be talking about this from the beginning, imposing it, and prohibiting the import, export or sale in Canada of any products considered to have been manufactured in deplorable conditions that do not meet international standards. This notion should be imposed at every stage of the negotiation process. Ensuring that all trade agreements respect sustainable development is a notion that this government cannot seem to grasp or assimilate.

The agreement includes side agreements on labour co-operation and the environment. These side agreements are not in the main body of the text. Someone probably suddenly realized that a bare minimum should be done in order for this to be acceptable. Why is it not simply in the main body of the text?

More than one-third of Panamanians live in dire poverty. Free trade agreements should guarantee that better living conditions and working conditions will result from the agreements, rather than the potential exploitation of the poverty there. Although the agreement appears to protect the environment on the surface, it does not include any really strong measures or any mechanisms to resolve disputes.

According to the U.S. Department of Justice, which someone mentioned earlier, Panama is a major financial conduit for drug trafficking and money laundering activities. Under those conditions, there is no way anyone can guarantee a better way of life for the people of Panama.

Trade between Canada and Panama is currently worth $150 million. Why the urgency, especially since we already do $150 million worth of trade with this trading partner? How can the Conservatives justify ramming another free trade agreement down our throats as quickly as possible, using another closure motion, when the agreement does not even ensure that Panamanian tax laws will not encourage tax evasion?

I congratulate the government on one thing: in this agreement, Canada has kept over-quota tariffs on supply managed goods such as dairy, poultry and egg products. That is very good.

What is deplorable about this bill is the failure to address human rights and tax evasion. I have been talking about this from the beginning. Every time we fail to address such fundamental issues in our international agreements, we somewhat deride the work of our most courageous predecessors in Canada. They struggled to move the country forward, while constantly working to improve our fundamental rights. We must never lose sight of that.

CANADA-PANAMA ECONOMIC GROWTH AND PROSPERITY ACTGovernment Orders

June 19th, 2012 / 1:25 p.m.
See context

NDP

Rosane Doré Lefebvre NDP Alfred-Pellan, QC

Mr. Speaker, I am very pleased to speak to Bill C-24, which has to do with a Canada-Panama free trade agreement.

It is very important that we take a stand and take the time to read this free trade agreement, because Panama is an extremely important international partner. Panama is the largest economic power in Central America, partly because of the Panama Canal, which sees a large number of goods pass through. Right now, it is being expanded, which will allow for greater flow and traffic.

Maritime traffic is rather important to Panama. Panama also is specializes in financial services, commerce and tourism. So it is important for us to examine this agreement and decide what this agreement with Panama will contain. We need to do things the right way.

I have listened to my colleagues' comments today and will get back to them shortly. I think that the government is botching this job and is not taking the time to create a worthwhile agreement. The NDP is in favour of free trade agreements if they are responsible and sustainable. Right now, we have the momentum to show that Canada is a leader. Right now, Panama is an emerging country. Canada, as a proud economic partner and world leader, could show Panama the way in terms of proper environmental norms and a system of rights for workers and unions in Panama, and we could make this free trade agreement into an agreement that supports sustainable and viable long-term development.

This could be the time for Canada to move things forward internationally. Canada could be an excellent partner. Unfortunately, the Conservative government is completely ignoring this extremely interesting opportunity that is right in front of it.

The sad thing about this bill is that there has been a time allocation motion, which means that we will not be able to discuss it in greater detail. However, there are a number of interesting points I would like to make. When I read Bill C-24, I noticed a number of shortcomings. My NDP colleagues tried to make amendments to correct those defects, but unfortunately, all of the proposed amendments were rejected.

In my view, the most significant flaw is probably the fact that there is no tax information exchange agreement in this bill. I will say more about that later. There is also a glaring lack of vision with respect to sustainable development. The agreement lacks meaningful protection for the rights of Panamanian workers. We know what happens when jobs and workers are not protected. When that happens in Canada, factories close their doors and move jobs elsewhere. It is important to ensure that Panamanian workers are protected. Another problem is the fact that this is a bilateral agreement, not a multilateral one.

As for the tax information exchange agreement, it may sound very confusing to some, but actually, it is quite simple. The Organization for Economic Co-operation and Development gives a very good description of tax information exchange agreements on its website. Basically, any country can refer to that description in order to create its own tax information exchange agreement. All of the information is on the website. It was created in 2002, and since that time, many countries, including Canada and Panama, have used this model to clarify their tax information exchange agreements.

So what is a tax information exchange agreement? The following description is from the OECD document:

The purpose of this agreement is to promote international co-operation in tax matters through exchange of information...The agreement grew out of the work undertaken by the OECD to address harmful tax practices...The agreement represents the standard of effective exchange of information for the purposes of the OECD's initiative on harmful tax practices.

As I just mentioned, many countries have followed this model to create their tax information exchange agreements. Canada has entered into several such agreements, for instance with the Cayman Islands, the Bahamas and Saint Lucia. In 2010, Panama signed a tax information exchange agreement with the United States, one of its biggest financial partners.

I just asked the hon. member for Burlington a question. I asked him why Bill C-24 does not contain this kind of tax information exchange agreement with Panama based on the same model as the one presented by the United States.

I was told that it was not ready in time. That is not a reason. In fact, it is proof that this bill was completely botched. We need to take the time to do things. This is important; it is a free trade agreement. I was honestly shocked when I heard this. If it was not ready in time, why not take the time to do things the way they should be done before presenting them to the House? Why did they not accept the amendments presented by the opposition to resolve the problems with this bill? I wonder.

It was not ready in time, and I find that very sad. This is clear evidence that we should go back, call a halt to this bill and secure an agreement. It is not as if things are pressing and we absolutely must have a free trade agreement with Panama by tomorrow. And it is not as if they are our most important partner. Panama is not Canada's largest trade partner. Bilateral trade in terms of goods between our two countries was worth only $149 million in 2008. We are not even talking about 1%. We have the time to do things right. I do not see why we are not, and it saddens me a little to hear this.

I know that Panama was recently removed from the OECD grey list because it has implemented information exchange standards, but we do not even have these information exchanges with Panama. If that were the case, this bill would already be much better. We do not have a tax information exchange agreement, but the Conservatives, on the other side of the House, are trumpeting the double taxation convention that Panama has agreed to sign. They think that will do.

Is it really enough? I do not think so. Double taxation tax treaties—the definition is on the Canada Revenue Agency website—are designed to avoid double taxation for people who would otherwise pay tax on the same income in two countries. That applies to legitimate income only. A tax information exchange agreement helps track down all income, legitimate or otherwise. It is a much sounder and more interesting way to protect ourselves in terms of taxation standards.

Again, I am extremely disappointed not to find this exchange agreement in the bill, especially since we have already signed such agreements and so has Panama. So why not sign one together? It is a mystery. My colleague from Burnaby—New Westminster proposed some extremely interesting amendments, including some on sustainable development and responsible investment. That is what we want to see. That is the direction we should be taking. We are all responsible. We all live on the same planet and everyone has the right to fairness.

We were also very disappointed that the benefits of sustainable development were not considered. I understand that it is a system of rules, but it has to be applied fairly and it is not included in this bill.

This bill touched on several issues all at once. I will not have time to talk about protection for workers or the environment, which has been clearly bungled in this bill, as it was in Bill C-38. I would like to talk about what we want to see in a Canada-Panama agreement.

We simply want a fair trade policy, one that gives a rightful place to social justice, and fair, sustainable, equitable trade. These are very simple things that should be the basis for a free trade agreement with another country. We should instead be negotiating multilateral agreements. However, if the decision is made to enter into a bilateral agreement such as this one, we have to do more and make a more responsible commitment with this kind of agreement.

We are reaffirming our vision of a fair trade policy that puts the pursuit of social justice, strong public-sector social programs and the elimination of poverty at the heart of an effective trade strategy.

Let us protect the environment, protect workers and, at the same time, ensure that the tax measures included in this type of bill are appropriate.

CANADA-PANAMA ECONOMIC GROWTH AND PROSPERITY ACTGovernment Orders

June 19th, 2012 / 12:55 p.m.
See context

NDP

Randall Garrison NDP Esquimalt—Juan de Fuca, BC

Mr. Speaker, I rise today to speak to Bill C-24,, an act to implement the Canada-Panama free trade agreement. It will be of no surprise to those in this House that I will be speaking against this agreement because of my strong concerns about the impact of free trade agreements that lack adequate environmental, labour and human rights safeguards.

While this package does include side agreements on labour co-operation and environment, both of these are extremely weak. The Conservatives and the Liberals joined together to defeat amendments proposed by the member for Burnaby—New Westminster which would have strengthened those agreements by providing both dispute resolution mechanisms and enforcement mechanisms. Without those safeguards, I cannot support this free trade agreement.

In debate today, some members on the other side of the House have asked the New Democrats, as the official opposition, why, if we supported the free trade agreement with Jordan, we were not supporting the agreement with Panama. Part of that answer lies in the differences in the agreements that I just mentioned. The side agreements in the Jordan free trade agreement were far stronger, had enforcement mechanisms and had dispute resolution mechanisms included in them. There is a difference in the agreements themselves.

The other part of that is the feeling I have that we ought to choose our partners very carefully when entering into closer economic associations. There are large differences between Jordan and Panama. For instance, Jordan is not a tax haven while Panama continues to refuse to implement a tax information exchange agreement with Canada. That lack of transparency means that Panama remains a major centre for money laundering, especially from the drug trade.

When I hear members on the other side talk about the provisions in this agreement for closer relations in financial institutions, this raises a big red flag for me about why we would want closer relations with a country that lacks that transparency and is a major transfer point and money laundering point for the drug trade in the Americas.

Again, on the question of why Jordan and not Panama, one only needs to look at the human rights and labour standards of these two countries. Here again, Jordan has made great progress and Panama has not. Jordan has made progress in raising labour standards and enforcing those standards, including several recent raises to the minimum wage and activities to try to enforce basic safety in the workplace conditions.

Panama has made no such progress. In fact, in Panama, the existence of sweat shops and other exploitive labour practices remain a real problem. Labour organizers working on these issues also come under very severe pressure, both from the government authorities and under threats from unidentified forces who we can only imagine are perhaps associated with those other illegal activities in Panama.

Not only do labour organizations face human rights threats in Panama, so do journalists attempting to cover labour and justice issues in Panama. Professional organizations of journalists have reported that over half the working journalists in Panama now face or have faced criminal defamation proceedings brought against them by the governments or businesses. These defamation suits carry penalties of up to one year in prison and very hefty fines.

This places an extreme chill on journalism and the freedom of expression in Panama, a problem that does not exist in Jordan. This has become so extreme that, in 2011, two Spanish nationals who had permanent resident status in Panama, Francisco Gómez Nadal and Maria Pilar Chato Carral were detained while covering a demonstration by the Ngäbe-Buglé indigenous people in Panama City. They were detained for 48 hours before being permanently expelled from Panama. This, again, placed a very severe chill on the activities of all journalists operating in Panama, because Mr. Francisco Gómez Nadal and Ms. Chato Carral were extremely prominent journalists, working both for the daily newspapers in Panama City and also filing stories for newspapers in Spain.

We on this side have been very consistent in calling for trade agreements that have labour standards, human rights standards and sustainability built into those agreements. When we talk about sustainability, we are talking about sustainability that is both economic and social, as well as environmental.

In Panama in the past few years, there have been very severe conflicts over development, in particular between mining companies and hydroelectric projects and local communities, and especially indigenous peoples in Panama. Indeed, this was the subject of a CBC documentary this week which attracted the attention of international human rights organizations.

According to Amnesty International, one protestor died and more than 40 were wounded during clashes at a blockade of the Pan-American Highway by the Ngäbe Buglé indigenous people who I mentioned earlier. They are asserting their rights to be consulted and to give informed consent before any development project on their lands proceeds in the province of Chiriqui. Similar protests by local community organizations occurred earlier this year over the reopening of the Cerro Cama open pit gold and copper mine by a Canadian mining company.

These conflicts over development also involve a lack of enforcement in environmental standards. At the Santa Rosa mine, which operated throughout the 1990s and was operated by a subsidiary of the Canadian mining company, Greenstone Resources, the mine finally closed in 1999, leaving three large tailing ponds, which are now very strongly suspected of having contaminated local water supplies. Local protests have broken out again very recently from the local community as this mine is now being reactivated without there ever being any attempt by the government to address these environmental concerns.

When members on the other side say that we are opposed to trade, they get it wrong. What we are opposed to is entering into these agreements which will provide advantages to multinational corporations, some of them Canadian, to impose working conditions that are dangerous, to develop projects that have severe environmental consequences and to undertake development in a country where freedom of expression comes under very severe threat.

Therefore, when we talk about trade on this side, we prefer to see multilateral agreements that have some basic principles inserted within them. However, if not, and obviously the government will not pursue the multilateral agreements, then we would like to see the same kinds of principles in these bilateral agreements, the principles I have just talked about: environmental sustainability, social sustainability and economic sustainability.

Of course, in a country like Panama with a large indigenous population and a large poor population, this means working with poor communities and working with indigenous communities for development that would help them build their communities and build their lives in a sustainable manner. We see nothing of the kind going on in Panama at this time.

We also want to see agreements that have very strong benefits to both parties. Therefore, we have called upon the government, before implementing free trade agreements, to have some kind of independent assessment of what the effects of the trade will be. We have not seen anything of this kind coming down the pipe from the government.

When we talk about competition on the international stage, we on this side support free trade based on efficiency and innovation. If a company can be more efficient than another company, and Canadian companies are often very good at this, then it should have access to markets and it should succeed. If a company is more innovative than other companies, it comes up with new ideas that would help advance the quality of products or develop new products that would fill a niche in the market, then it ought to be able to succeed in that trade.

What we do not want to see is companies that succeed in international trade by offloading their environmental costs on to future generations. What we do not want to see is companies that succeed in international trade on the basis of paying the lowest wages in the most dangerous working conditions. Therefore, if we are to build closer economic relations with new trade partners, we need to ensure it is on the basis of shared values of democracy, human rights and sustainability.

When my colleagues on the other side asked why we supported the trade agreement with Jordan, we said that it was not because it was a perfect agreement, but that it is a good agreement. Jordan shares those same values with us and has shown demonstrable progress in the areas of democracy, human rights and labour standards. When it comes to the Panama agreement, we see exactly the opposite.

Therefore, I would question why we would want to enter into this agreement with a partner that has shown a disrespect for human rights, that has some of the lowest labour standards in Central America and where Canadian companies are involved in projects that often have quite severe environmental consequences.

I would ask the government that when it thinks about new partners, that it go back to those basic values. Yes, we want to see trade, but we want to see trade based on efficiency and innovation. We do not want to see trade on the basis of offloading environmental costs, paying low wages, dangerous working conditions and those which threaten the rights of free expression in order to proceed with those dangerous economic conditions. When we do that, I think we will find many good partners around the world to trade with and that trade will advance the interests of both nations.

Therefore, for the reasons I have outlined, I will be voting against the free trade agreement with Panama and I will be urging all members of the House to do so.

CANADA-PANAMA ECONOMIC GROWTH AND PROSPERITY ACTGovernment Orders

June 19th, 2012 / 12:25 p.m.
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Liberal

Sean Casey Liberal Charlottetown, PE

Mr. Speaker, I am pleased to rise to speak on Bill C-24. The Liberal Party has long been in support of opening new markets on the basis of fair trade. We will be supporting this particular legislation. We do have some concerns, given the obvious bipartisan support, that this is yet another instance where time allocation has been imposed, but nonetheless, the Liberal Party stands in support of the content of the legislation.

One of the key concerns with respect to our trading relationship with Panama, and this has been evident with respect to the government's free trade agenda, is about the domestic practices within some of the countries where we are seeking to have new trade arrangements. An additional point to be kept in mind, and one the government would do well to carefully consider, was raised by Jim Stanford of the Canadian Auto Workers, who appeared recently at the international trade committee.

Part of his presentation outlined the following, with respect to the lack of apparent benefits derived from free trade agreements. Mr. Stanford, before the committee, reviewed the five longest-standing trade agreements. He said:

...with the United States, Mexico, Israel, Chile and Costa Rica. Canada's exports to them grew more slowly than our exports to non-free-trade partners, while our imports surged much faster than with the rest of the world.

Mr. Stanford went on to say:

If the policy goal (sensibly) is to boot exports and strengthen the trade balance, then signing free-trade deals is exactly the wrong thing to do.

Looking back on some of the previous free trade agreements, with Colombia there were outstanding issues with respect to labour and human rights, and the same concern applied in Jordan. With respect to Panama, one of the outstanding concerns, as I raised in my question just a few moments ago, is the issue of tax havens and issues related to money laundering.

Just to put this in context, the Parliamentary Secretary to the Minister of International Trade , in response to issues on the Canada-Jordan free trade agreement and violations of human and labour rights and Canada's response, told the House

...what...members fail to realize is the entire issue of extraterritoriality. There are certain things we can do when negotiating with another country and certain things we cannot do because they are beyond our sphere of influence.

The question that must be raised, of course, is: What mechanisms within any agreement should be in place with countries where issues of concern are found to exist and persist?

For example, with respect to the Panamanian situation, when federal government officials were testifying before the international trade committee last fall, they could not address adequately the matters of money laundering and the tax haven issues related to Panama.

Again, as I indicated earlier in my question to the hon. member for Saskatoon—Humboldt, in December 2010, Panama signed a tax information exchange agreement with the United States. In testimony before the United States' House ways and means subcommittee back in March of last year, Public Citizen's Global Trade Watch research director raised concerns with respect to the money laundering issue in the wake of the agreement signed between the U.S. and Panama. He said:

Panama promised for eight years to sign a Tax Information Exchange Agreement (TIEA). Yet when it finally signed a TIEA with the Obama administration in November of 2010, the agreement did not require Panama to automatically exchange information with U.S. authorities about tax dodgers, money launderers and drug traffickers.

In the previous Parliament, concerns were raised with respect to Panama as a tax haven in which instances of both tax evasion and money laundering were found. Concerns were raised as to whether a free trade agreement should be proceeded with, without a clear tax information exchange between Canada and Panama in place.

There is as yet no tax treaty or tax information exchange agreement between Panama and Canada.

The history, as we understand it, is this: Panama asked that we enter into a double taxation treaty, which is more comprehensive than a tax information exchange agreement; Canada refused and asked for a more limited, less all-encompassing agreement; Panama, which at the time had only entered into double taxation treaties, insisted on a double taxation treaty; Canada has not yet responded to this second request.

All double taxation treaties include information exchange obligations between signatory countries. That is because of the model convention of the OECD. As of November 2010, Canada was party to double taxation agreements with 87 countries, with eight more signed but not yet in effect. As of November 2010, Canada had signed nine tax information exchange agreements, the less robust agreements, and they were yet to come into effect.

In testimony this past fall before the international trade committee, reference was made to the correspondence between Canada and Panama, in which the latter was asked whether Panama had responded to the concerns expressed by Canada on the tax haven issue. According to Department of Foreign Affairs officials, no such response had been received.

This past December, during debate on Bill C-24, the parliamentary secretary went to considerable lengths to express his confidence in the commitment by Panama to improve its exchange of tax information and went to great lengths to reference the OECD statement acknowledging the progress of Panama in that regard. However, the issue of tax havens and money laundering is and should be of concern to the government.

It is unfortunate that the parliamentary secretary apparently did not read the statement issued last July by the OECD, which states that the OECD's Global Forum:

...must still evaluate whether Panama's domestic laws will allow for effective availability, access to and exchange of information.... The government has introduced domestic changes so that the agreements can be effective. The Global Forum will follow up to make sure they work as intended. It is important that Panama continues to work to fully implement the standards.

Article 6 of the agreement between the United States and Panama on the issue of tax co-operation and information, entitled “Possibility of declining a request”, states that the “The competent authority of the requested Party may decline to assist”.

To conclude, the Liberal Party will be supporting this agreement. We feel, in the circumstances, that the discussions and negotiations between the two countries with respect to the exchange of tax information should be at a more advanced stage before we as parliamentarians consider this legislation and we raise that as a concern, but it will not be a significant enough concern to prevent us from supporting the agreement.

We would encourage the government to proceed as rapidly as possible to ensure that the issues with respect to tax havens and money laundering with our trade partners in Panama are properly and adequately addressed.

CANADA-PANAMA ECONOMIC GROWTH AND PROSPERITY ACTGovernment Orders

June 19th, 2012 / 12:10 p.m.
See context

Conservative

Bradley Trost Conservative Saskatoon—Humboldt, SK

Mr. Speaker, I am no longer a member of international trade committee, but I enjoyed my time there immensely. Over a year ago, prior to the previous election, we were working on this same agreement then. Checking with one of the people in the lobby, we worked out that there were over 50 hours of debate on this minor treaty alone. To those who are wondering about whether the House sufficiently debates issues, the answer most clearly is yes. I do not blame the people of Panama or the government for being a bit frustrated with Canada that we have yet to implement this treaty.

I am pleased to rise today to talk about Bill C-24 and the Canada-Panama free trade agreement. This agreement would provide benefits to Canadians in numerous sectors, and hopefully I will have time to get through most of them. In particular, I wish to speak about the services sector.

As many hon. members I am sure are aware, the Panamanian economy is built on the service sector. Panama is not known as a manufacturing hub. It is perhaps best known for its canal and for the strategic position it provides to the world in the transportation of goods.

Panama offers opportunities for Canadian service providers in a broad range of commercial services, financial services and temporary entry for business persons. This free trade agreement would expand opportunities in these key areas and others.

In 2009, which according to my notes is the latest possible data, Canadian commercial services exports to Panama amounted to $48 million. During the negotiations with Panama, our government's approach was to develop substantive provisions to govern cross-border trade in services as well as to provide a level of market access similar to that afforded under NAFTA. Canada sought similar treatment as afforded to the U.S. under its free trade agreement with Panama. This is important because we are going to be competing with American businesses as we try to sell to Panama.

When it comes to free trade, a lot of the benefits are derived from buying and importing from countries so that we acquire lower-cost goods, but we are also interested in selling to Panama and obtaining the same treatment so that we are on level ground with the United States, one of our major competitors. This is yet another example of how our government is committed to achieving a level playing field for Canadian businesses around the world.

Free trade is a cornerstone of our economic success as a nation. Our ambitious pro-trade plan is helping to open doors for our businesses around the world, including in Panama.

The free trade agreement contains strong provisions to provide access on a competitive basis. The agreement provides market access beyond Panama's obligations under the WTO and GATT, particularly in areas of Canadian expertise and export interests, which include mining and energy-related services, professional services, which involve engineering and architectural services, environmental services, distribution and information technology.

The services and services-related provisions of the agreement would benefit Canadian exporters, particularly small to medium-sized enterprises, through the implementation of principles and conditions of regulatory stability as well as fair and equitable treatment. Regulatory stability is important not just as has been demonstrated in our current budget, but in our agreements around the world.

Canadian services exporters would also benefit from provisions designed to increase transparency of regulations, including increased transparency on access for temporary entry for a broad range of service providers.

The agreement also provides a framework for the negotiation of mutual recognition agreements respecting professional licensing and qualification requirements and procedures.

Consistent with past practice, Canada has taken reservations in this free trade agreement to maintain full policy flexibility in areas of domestic sensitivity, including social services, health and public education. There is no concern or fear-mongering necessary in those areas.

Another area of service that is of particular interest in dealing with Panama is financial services. In this area the agreement establishes NAFTA equivalent access for all financial services in respect of right of establishment, full national and most favoured nation treatment, certain cross-border commitments and various other carve-outs.

In terms of provincial government measures, the openness of the provincial financial sector framework was bound at existing levels. As members probably know, Canadian firms are among the top financial providers in the world, and we are proud of their success.

This free trade agreement would enable them to succeed in the dynamic and growing Panamanian market. In terms of sector-specific market access commitments, the levels of access Panama offered to Canada achieved parity with what was offered to the U.S. through the trade promotion agreement.

The portfolio management commitment, however, would only take effect at the time the U.S. trade promotion agreement comes into force. Importantly, Canada has achieved the same treatment as the U.S. in respect of ownership of insurance brokerages, pension fund management and securities dealers' requirements.

Canadian financial institutions expressed significant interest in expanding relations with Panama through a free trade agreement. If members have ever been to Latin America, they will have seen that Scotiabank very much plants the Canadian flag all over the continent of South America and Latin America. Scotiabank, for example, currently operates 12 branches in Panama City that offer a wide variety of banking services. These include corporate and commercial lending facilities, project and trade financing, cash management services and personal retail banking services.

These institutions supported a free trade agreement to better position Canadian business vis-à-vis competitors in this market, particularly those that already benefit from preferential trading agreements with Panama, and to institutionalize investments and dispute settlement protection for existing investments.

I will wrap up with just a few brief words about the temporary entry for business purposes, again, something that helps to expand the delivery of services to Panama and increases our service sector in Canada with its export.

The service provisions of this trade agreement address the important question of temporary entry for business people. The temporary entry chapter takes important steps to address barriers that business persons might face at the border, such as limits on the categories or numbers of workers who can enter the country to work or provide services.

Temporary entry provisions are important because they facilitate entry for covered business persons by eliminating the need to obtain a work permit for business visitors and by eliminating the need to obtain a labour market test and/or economic test for other categories. They also would exempt certain occupations from numerical restrictions, such as domestic/foreign proportionality requirements and quotas with respect to the hiring of foreign nationals at a single enterprise.

This free trade agreement would ensure the secure, predictable and equitable treatment of service providers from both Panama and Canada. It would give Canadian companies enhanced access to the Panamanian market, which offers numerous opportunities including the ongoing multi-billion dollar expansion of the Panama Canal. This is a free trade agreement that would benefit service providers and all Canadians.

Let me also add that one of the things we must always recognize with all free trade agreements is that all parties can benefit. Trade is not a zero-sum game; it is something that expands the possibilities for both consumers and exporters on both sides of the equation. This has been recognized by economists for hundreds of years. In fact there are many people who will look at trade as one of the best ways to alleviate poverty in countries that have not achieved the economic success of Canada, including in areas of income inequality, an area about which I am sure opposition members will be most interested in asking questions.

I encourage all hon. members to vote for this agreement, an agreement that would bring Canada and Panama closer together and increase the wealth of all Canadians.

CANADA-PANAMA ECONOMIC GROWTH AND PROSPERITY ACTGovernment Orders

June 19th, 2012 / 11:50 a.m.
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NDP

Rosane Doré Lefebvre NDP Alfred-Pellan, QC

Madam Speaker, I would like to thank the hon. member opposite for her speech, and especially for how well she addressed the House in French. It was most pleasant to listen to.

I have a fairly simple question for my colleague about Bill C-24. We know that a tax information exchange agreement has not been signed with Panama. The only thing that has been signed is a double taxation treaty. However, that is not necessarily enough because it concerns only legitimate revenues. So any revenues or means that are considered illegal are not included. Illegal revenues could be included in a tax information exchange agreement.

I would like to know why we have not signed this tax information exchange agreement, since Panama has already signed them with major partners, including the United States.

CANADA-PANAMA ECONOMIC GROWTH AND PROSPERITY ACTGovernment Orders

June 19th, 2012 / 11:45 a.m.
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Mississauga—Brampton South Ontario

Conservative

Eve Adams ConservativeParliamentary Secretary to the Minister of Veterans Affairs

Madam Speaker, I am pleased to rise in the House today to speak about the Canada-Panama free trade agreement. I would like to spend a few minutes explaining how this agreement fits into Canada's larger economic plan.

The government understands the importance of trade and the benefits it brings. As an export-driven economy, Canada must open its borders. One in five Canadian jobs is dependent on international trade. Thus, bilateral and regional trade agreements are key to ensuring Canadians' continued prosperity. That is why expanding Canada's trade relations to rapidly growing foreign markets, such as Panama, is an important part of our government's pro-trade plan to create jobs, growth and long-term prosperity.

With the challenges in concluding the World Trade Organization Doha round, regional and bilateral trade agreements have taken on increased significance. The government also recognizes that there are a growing number of countries where Canadian companies are at a competitive disadvantage because their competitors have preferential market access under some form of preferential trade agreement.

Canada cannot afford to sit on the sidelines while other countries vigorously pursue trade deals to secure better market access for their products and services for their country. That is why our government is in the midst of the most ambitious pursuit of new and expanded trade and investment agreements in Canadian history.

The Canada-Panama free trade agreement is yet another step this government is taking to help Canadians compete and succeed in the global market. It supports the global commerce strategy which will ensure that Canada maintains its current economic strength and prosperity in an increasingly complex and competitive global economy.

With 60% of our GDP dependent on trade, it is completely clear that jobs and communities across Canada depend on the business we do with other countries. Our Conservative government's pro-trade plan is an essential contributor to Canada's prosperity, productivity and growth.

By improving access to foreign markets for Canadian businesses, we are supporting domestic economic growth and creating new opportunities for Canadian workers. Canada's exporters, investors and service providers are calling for these opportunities. Business owners and entrepreneurs want access to global markets.

This government is committed to expanding the various opportunities created by free trade agreements. Our track record speaks for itself.

Since 2006, Canada has established new free trade agreements with nine countries: Colombia; Jordan; Peru; the European Free Trade Association countries of Iceland, Liechtenstein, Norway and Switzerland; and more recently Honduras and Panama.

We are also negotiating with many other countries, including the European Union. A free trade agreement with the European Union would be the most significant Canadian trade initiative since the North American Free Trade Agreement and could increase trade with this important partner by 20%. Such an agreement would also give a $12 billion boost to the Canadian economy, which is equivalent to a $1,000 increase in the average national family income or the creation of 80,000 new jobs in Canada.

Canadian businesses recognize the many benefits a trade agreement between Canada and the European Union would have for workers and businesses.

We are also intensifying our focus on Asia. During the Prime Minister's visit to China in February 2012, leaders announced that Canada and China will proceed to exploratory discussions on deepening trade and economic relations on the completion of a bilateral economic study.

Also, this past March, the Prime Minister announced the launch of negotiations toward a free trade agreement with Japan and the start of exploratory discussions with Thailand.

Canada also continues to explore the possibility of participating in the trans-Pacific partnership, the TPP negotiations.

The potential benefits of these initiatives are enormous. However, that is not all. Canada is also committed to advancing our ongoing free trade negotiations with other partners, including India, Ukraine, Morocco, the Caribbean community and Korea. In addition, Canada is working to modernize its existing bilateral free trade agreements with Chile, Costa Rica and Israel, as encouraged in the exploratory discussions with Mercosur, the largest trading bloc in Latin America, made up of Argentina, Brazil, Paraguay and Uruguay.

All of these initiatives are critical for the economic future of our country. With the global economic recovery remaining fragile, it is important that Canada continue to deepen its trade and investment ties with strategic partners. Expanding Canada's trade and investment ties around the world will help protect and create new jobs and prosperity for our hard-working neighbours and for all Canadians.

The Canada-Panama free trade agreement is be yet another step in the right direction. This agreement represents an opportunity for Canadian businesses to grow and expand their operations in the growing and dynamic Panamanian economy.

The agreement would also reduce tariffs for Canadian producers who want to export to Panama. Upon implementation of the free trade agreement, Panama will immediately lift tariffs on 89% of all non-agricultural imports from Canada, with the remaining tariffs to be phased out in five to fifteen years. Tariffs will also be lifted on 89% of Canada's agricultural exports to Panama. This reduction in trade barriers will benefit a wide range of sectors across the Canadian economy, including fish and seafood products, paper products, vehicles and parts in the greater Toronto area, construction materials and equipment, industrial and electrical machinery and many more. This agreement will provide Canadian service providers with a secure, predictable, transparent and rules-based environment, which will facilitate access to Panama's $20 billion services market.

Panama is an established destination for Canadian direct investment abroad, particularly in the banking and financial services and construction and mining sectors. This proposed agreement will provide greater stability, transparency and protection for Canadian investments in Panama.

The free trade agreement will also better enable Canadian companies to participate in large projects, such as the $5.3 billion expansion of the Panama Canal, by providing non-discriminatory access to a broad range of government procurement opportunities in Panama to Canadian suppliers. This is an enormous opportunity for Canadian companies to compete.

For all these reasons, the free trade agreement between Canada and Panama is a good thing. It will support more Canadian jobs by improving our ability to export more products and services to this market. That is why implementing free trade agreements is a priority for our government.

I ask all hon. members to support Bill C-24, which aims to implement the free trade agreement between Canada and Panama, as well as the side agreements on labour co-operation and the environment.

CANADA-PANAMA ECONOMIC GROWTH AND PROSPERITY ACTGovernment Orders

June 19th, 2012 / 11:30 a.m.
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NDP

Mylène Freeman NDP Argenteuil—Papineau—Mirabel, QC

Madam Speaker, I rise in this House today to express my opposition 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.

In spite of what Conservatives accuse, New Democrats do believe in trade. We do want to expand Canadian business and we do want to generate economic growth. However, the bill overlooks distressing concerns when it comes to Panama's record on environmental issues and workers' rights. New Democrats believe that we can do trade without it being ultimately harmful to the citizens of those countries and to the environment.

The NDP believes in free trade that is fair, viable and realistic, a fair trade policy that, as part of an effective trading strategy, prioritizes social justice, strong public sector social programs, poverty elimination, and a trade policy based on sustainable fair trade. These should be the guiding principles for trade negotiations, not afterthoughts.

The NDP is calling on the federal government to stop focusing exclusively on the NAFTA-based model and consider other alternatives. It should explore other ways to increase trade. 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 elements within a comprehensive fair trade strategy.

First, it includes a comprehensive and rational impact analysis for all international agreements to determine whether the trade agreements being negotiated by Canada are good for 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.

Second, this model includes a guarantee that trade agreements negotiated by Canada will strengthen Canada's sovereignty and its freedom to establish its own policy, that they will help make us a force to be reckoned with on the world stage and that they will support the principles of a fair multilateral trade system.

Third, this model follows the fundamental principle whereby 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, this model includes the fundamental principle whereby all trade agreements should respect the notion of sustainable development, as well as the integrity of all ecosystems.

Fifth, under this model, 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.

Canada's trade policy should be based on the principles of fairness, sustainability and equity. This is how we can and should pursue real and sustainable economic growth, because sustainability will result in long-term economic health and prosperity for our country and the countries with which we do trade.

The NDP opposes this bill on free trade between Canada and Panama for one specific reason: we are worried about the rights of workers in Panama and we suspect that this trade agreement contains no provisions to ensure that the rights of Panamanian workers are not violated, as they have been in the past.

The New Democrats want the kind of growth that is mutually beneficial for our trading partners and their citizenry, not only because it is ethically right to do so but also because it is a safer long-term investment that will yield better growth over time.

Canada and Panama are not equals in trade, but the types of agreements and trade policies in the bill are meant to be between equal industrialized nations. One size does not fit all. We cannot be using this kind of trade agreement when we are talking about a country that is developing.

The reality is that our negotiations with Panama are exploitative. One-third of its population lives in extreme poverty. We want its resources but it will not act in good faith with its citizens to sell them to us. Canada must not take advantage of the needy in developing countries for us to grow economically.

We need to be more flexible in our trade policies so that they are suitable to the countries that we are brokering our deals with.

It should be clear by now that the NDP can only support trade deals when Canada can ensure that the foreign workers who labour to put money in our pockets and in the pockets of Canadian corporations and shareholders are entitled to the same human rights that Canadian workers enjoy. To strive for anything else would be pure hypocrisy.

If we sign a deal with Panama, it should offer Panamanians the right to collective bargaining, just like Canadians enjoy.

Panama has a bad human rights record. The House of Commons committee that studied this agreement heard some very compelling testimony about the fact that the Republic of Panama is a tax haven.

A tax haven is not exactly the type of country with which we should be negotiating this type of agreement. We should be negotiating with industrialized countries. This is a sign of problems to come for Canada.

Panama has refused to sign a tax information exchange agreement, which is a red flag. It is very troubling, given the high volume of money laundering activities in Panama, including laundering of money from drug trafficking.

This is extremely worrying. Panama refusing to sign a tax exchange information agreement is hugely problematic because such an agreement tracks illegal income, as well as legal income. There is an utter lack of transparency around Panama's tax system because, as the OECD has recognized, it is a tax haven for illegal activities, such as harbouring drug cartel money from Mexico and Guatemala. These drug cartels are wreaking havoc on the populations of countries like Mexico and Guatemala.

A few weeks ago, I was in Chile at the ParlAmericas delegation meeting about the summit for women parliamentarians of the Americas. We were talking about the violence against women in these countries, which is often linked to drug money, to illegal trafficking and to very well-coordinated problems that happen in South America, in Central America specifically. We should not be negotiating trade agreements with countries like Panama that do not allow us to see where this money is going when there is a problem that, collectively as the Americas, we are trying to solve. Canada cannot turn a blind eye to this extremely destructive source of illegal drug trade and the systems that facilitate that trade, such as Panama's tax havens.

The NDP cannot support this bill. We have tried to propose amendments to it. For example, my colleague from Burnaby—New Westminster proposed amendments on sustainable development and responsible investment. Since the amendments were rejected by both the Conservatives and the Liberals, it is clear that there is no hope left of working together to conclude a good agreement.

That is why the New Democrats will not be supporting Bill C-24.

CANADA-PANAMA ECONOMIC GROWTH AND PROSPERITY ACTGovernment Orders

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

John Rafferty NDP Thunder Bay—Rainy River, ON

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

The House resumed from June 7 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.

Business of the HouseOral Questions

June 15th, 2012 / 12:10 p.m.
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York—Simcoe Ontario

Conservative

Peter Van Loan ConservativeLeader of the Government in the House of Commons

Madam Speaker, I am pleased to start my one-day-late Thursday statement with the Conservatives' deep gratitude to all of the staff and pages of the House of Commons, who were forced to endure a rather long Wednesday sitting. I thank them for that and I apologize that they were subjected to it.

On to the remaining business of the House, this afternoon will we complete third reading debate of Bill C-11, the copyright modernization act. On Monday we will have the third reading debate of Bill C-38, the jobs, growth and long-term prosperity act, now that we are past the opposition's theatrical and ideologically driven delay tactics at report stage, which caused you, Madam Speaker, to have to spend an undue length of time here, in particular during the unfortunate act of slow votes, which really achieved nothing but inconvenience to the staff and pages of the House of Commons.

If we have extra time on Monday, we will resume second reading debate on Bill C-15, the strengthening military justice in the defence of Canada act. For the remainder of the week, I want to see the House dispose of the many bills that are still awaiting our work and attention. To accommodate the House, we have voted to sit into the evenings next week.

I would welcome any co-operation from my counterparts on moving these bills forward efficiently. I would like to start with securing second reading and referral to committee before the fall sitting of the following bills: Bill C-24, the Canada—Panama economic growth and prosperity act; Bill C-28, the financial literacy leader act; Bill C-36, the protecting Canada's seniors act; Bill C-15, the military justice bill that I mentioned moments ago; Bill C-27, the first nations financial transparency act; and Bill S-2, the family homes on reserves and matrimonial interests or rights act.

Of course, this is only the start of my list, but it would be a good message for us to send to Canadians to show that we are actually willing to do our jobs, the jobs they sent us here to do, and actually vote and make decisions on the bills before us. A productive last week of the spring sitting of our hard-working Parliament would reassure Canadians that their parliamentarians are here to work.

To get on in that direction, since today is World Elder Abuse Day, I want to draw attention to our Bill C-36, the protecting Canada's seniors act. I believe this bill to combat elder abuse has the support of all parties. I have heard the suggestion of the opposition whip, but I would like to suggest we go one step further. I know the opposition has shown it likes to talk about things; we actually like to make decisions and get things done on this side of the House. With that in mind, and in recognition of this day, it is appropriate to advance this important bill right now and send it to committee for study. Therefore, I would like to ask for unanimous consent for the following motion:

That, notwithstanding any Standing Order or usual practices of the House, Bill C-36, An Act to amend the Criminal Code (elder abuse) be deemed to have been read a second time and referred to the Standing Committee on Justice and Human Rights.

Bill C-38—Time Allocation MotionJobs, Growth and Long-term Prosperity ActGovernment Orders

June 12th, 2012 / 10:35 a.m.
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York—Simcoe Ontario

Conservative

Peter Van Loan ConservativeLeader of the Government in the House of Commons

Madam Speaker, I am rising in response to the point of order raised by the hon. member for Winnipeg North.

Standing Order 78(3) states that the amount of time allotted to any stage of a bill shall be not less than one sitting day. However, it also does not mean we should not take that particular reference to be interpreted as the length of the sitting day on which the bill is scheduled for debate or when the motion is moved.

Standing Order 78(3) affords the government the option to allot a specific number of “days” or “hours”. Sometimes time allocation motions allot sitting days. When a motion refers to a sitting day, we take the timeframe of a sitting day literally. It does not mean how long the day is or what the circumstances dictating the time available for government orders might be. On other occasions, time allocation motions have allotted hours. The hours allotted in those motions were respected.

Let me give some examples. On November 13, 1975, a motion allotting five further hours for the second reading stage of Bill C-58, which amended the Income Tax Act, was adopted; similar motions were adopted on March 10, 1976, for Bill C-68 amendments to the then Medical Care Act; on March 29, 1977, for Bill C-27, the Employment and Immigration Reorganization Act; and on November 22, 1977, for Bill C-11, another bill to amend the Income Tax Act. In relation to Bill C-18, the National Transportation Act, 1986, a motion allotting four hours for report stage and four hours for third reading was adopted on June 15, 1987.

Most recently, the House adopted two such motions last Thursday, June 7, 2012. One allotted five hours for third reading of Bill C-25, pooled registered pension plans act, and the other allotted seven hours for second reading of Bill C-24, the Canada–Panama free trade bill. Needless to say, both motions were in order last week and each was adopted by the House.

Of interest, regarding the 1987 case, the report and third reading stages happened to be the second order of the day called by the government on each sitting day, and the debates were interrupted by the Speaker after the expiry of the time provided for in the time allocation motion but before the end of government orders. It should be further noted that on both occasions, after Bill C-18 was dealt with, the government called a third order of the day.

Looking at our recent example of Bill C-25, yesterday's order paper said we had 2 hours and 24 minutes of debate remaining on the bill. Had we resumed debate on it at 3:00 p.m., after question period last Thursday, the debate would have ended before the end of government orders at 5:30 p.m. With routine proceedings and the consideration of procedural motions, it is not inconceivable to end up with a situation where only a few minutes are available to debate a bill on a given ordinary sitting day. Those few minutes would satisfy the minimum requirement of Standing Order 78(3) if the motion allotted one sitting day.

Our motion refers to hours. When dealing with hours, it makes more sense to interpret the minimum requirement of one sitting day differently because the number of available hours could vary from day to day.

As members are aware, not every sitting day is the same. Under the usual calendar, five and a half hours are set aside for both routine proceedings and government orders on Mondays; six and a half hours on Tuesdays and Thursdays; two and a half hours on Wednesdays and Fridays. The longer routine proceedings take, the less time there is for government orders. When allotting hours, the reference to one sitting day should be interpreted as a sitting day and not the sitting day on which the bill has been scheduled for debate.

I would argue that when referring to hours in a time allocation motion, the minimum allotment of hours should be consistent with the shortest day available under the current Standing Orders, and that is two and a half hours, and that assumes we breeze through routine proceedings in a heartbeat. Of course, our motion contemplates ten hours of debate for report stage and a further eight hours for third reading, which in both cases is at least three times the two and a half hour figure I just cited.

On three of the five sitting days each week, the time available for government business is routinely no more than five hours. Some may ask what impact there may be, given that we are operating under extended hours. I would say it should not be a relevant consideration. Calling government orders is the prerogative of the government. In other words, any item on the order paper could be called this week or this fall, when we are not in extended sittings. However, should the fact we adopted a motion yesterday under Standing Order 27(1) bear relevance to the chair's consideration, let me advance two further points.

First, Wednesday, tomorrow for example, would have at most eight hours for government orders, and the coming Friday is operating in the usual schedule, with two and a half hours for government business.

The government could, if it so chooses, call Bill C-38 on either of those dates, and yet 10 hours could not be fully used in a single day. In fact, I believe everyone understands that we will be calling Bill C-38, in part, tomorrow.

Second, the 1987 precedent that I cited earlier speaks to our present circumstances. On Friday, June 12, 1987, the House adopted a special order respecting sitting hours, effective the following Tuesday. Now, recall that the time allocation motion was adopted on Monday, June 15. The House, knowing that extended hours were upon it, adopted the time allocation order for four hours for each of two different stages of the bill.

Report stage was called on Tuesday, June 16, as the second order of the day, and after all of the recorded votes at report stage there were still a couple of hours left in the day for a third item of government business. Third reading followed the next day, when again there was more than ample time in the day to accommodate that debate.

Looking at the cases I cited earlier, but in both the case of Bill C-18 in 1987 and Bill C-25 on Thursday last week, the minimum requirement of one sitting day was not interpreted by the Speaker as the length of the days on which either bill was scheduled.

Although no ruling was then given in 1987, I would submit that Mr. Speaker Fraser likely interpreted the length of the shortest available day to be the minimum time required by the Standing Orders, and as far as I can surmise, it would also have been the view of the Speaker last week.

Accordingly, I believe our motion should be allowed to stand for the same reason that it allots a greater number of hours than the shortest day on which it could be scheduled. Indeed, it will be a longer number of hours than in the normal circumstance would be provided any day at any other time of the year that we would be debating it in the House.

I believe the precedents are amply demonstrative that the motion you have before you, Madam Speaker, is in order.

Extension of Sitting HoursRoutine Proceedings

June 11th, 2012 / 3:25 p.m.
See context

York—Simcoe Ontario

Conservative

Peter Van Loan ConservativeLeader of the Government in the House of Commons

moved:

That, pursuant to Standing Order 27, the ordinary hour of daily adjournment shall be 12 midnight, commencing on Monday, June 11, 2012, and concluding on Friday, June 22, 2012, but not including Friday, June 15, 2012.

Today I rise to make the case for the government's motion to extend the working hours of this House until midnight for the next two weeks. This is of course a motion made in the context of the Standing Orders, which expressly provide for such a motion to be made on this particular day once a year.

Over the past year, our government's top priority has remained creating jobs and economic growth.

Job creation and economic growth have remained important priorities for our government.

Under the government's economic action plan, Canada's deficits and taxes are going down; investments in education, skills training, and research and innovation are going up; and excessive red tape and regulations are being eliminated.

As the global economic recovery remains fragile, especially in Europe, Canadians want their government to focus on what matters most: jobs, economic growth and long-term prosperity. This is what our Conservative government has been doing.

On March 29, the Minister of Finance delivered economic action plan 2012, a comprehensive budget that coupled our low-tax policy with new actions to promote jobs and economic growth.

The 2012 budget proposed measures aimed at putting our finances in order, increasing innovation and creating suitable and applicable legislation in the area of resource development in order to promote a good, stable investment climate.

The budget was debated for four days and was adopted by the House on April 4. The Minister of Finance then introduced Bill C-38, Jobs, Growth and Long-term Prosperity Act, the 2012 budget implementation bill. The debate at second reading of Bill C-38 was the longest debate on a budget implementation bill in at least two decades, and probably the longest ever.

On May 14, after seven days of debate, Bill C-38 was passed at second reading.

The bill has also undergone extensive study in committee. The Standing Committee on Finance held in-depth hearings on the bill. The committee also created a special subcommittee for detailed examination of the bill's responsible resource development provisions. All told, this was the longest committee study of any budget implementation bill for at least the last two decades, and probably ever.

We need to pass Bill C-38 to implement the urgent provisions of economic action plan 2012. In addition to our economic measures, our government has brought forward and passed bills that keep the commitments we made to Canadians in the last election.

In a productive, hard-working and orderly way, we fulfilled long-standing commitments to give marketing freedom to western Canadian grain farmers, to end the wasteful and ineffective long gun registry, and to improve our democracy by moving every province closer to the principle of representation by population in the House of Commons.

However, in the past year our efforts to focus on the priorities of Canadians have been met with nothing but delay and obstruction tactics by the opposition. In some cases, opposition stalling and delaying tactics have meant that important bills are still not yet law. That is indeed regrettable.

In the case of Bill C-11, the copyright modernization act, a bill that will help to create good, high-paying jobs in Canada's creative and high-tech sectors, this House has debated the bill on 10 days. We heard 79 speeches on it before it was even sent to committee. This is, of course, on top of similar debate that occurred in previous Parliaments on similar bills.

It is important for us to get on with it and pass this bill for the sake of those sectors of our economy, to ensure that Canada remains competitive in a very dynamic, changing high-tech sector in the world, so that we can have Canadian jobs and Canadian leadership in that sector.

Bill C-24 is the bill to implement the Canada-Panama free trade agreement. It has also been the subject of numerous days of debate, in fact dozens and dozens of speeches in the House, and it has not even made it to committee yet.

Bill C-23 is the Canada-Jordan economic growth and prosperity act. It also implements another important job-creating free trade agreement.

All three of these bills have actually been before this place longer than for just the last year. As I indicated, they were originally introduced in previous Parliaments. Even then, they were supported by a majority of members of this House and were adopted and sent to committee. However, they are still not law.

We are here to work hard for Canadians. Adopting today's motion would give the House sufficient time to make progress on each of these bills prior to the summer recess. Adopting today's motion would also give us time to pass Bill C-25, the pooled registered pension plans act. It is a much-needed piece of legislation that would give Canadians in small businesses and self-employed workers yet another option to help support them in saving for their retirement. Our government is committed to giving Canadians as many options as possible to secure their retirement and to have that income security our seniors need. This is another example of how we can work to give them those options.

In addition to these bills that have been obstructed, opposed or delayed one way or another by the opposition, there are numerous bills that potentially have support from the opposition side but still have not yet come to a vote. By adding hours to each working day in the House over the next two weeks, we would allow time for these bills to come before members of Parliament for a vote. These include: Bill C-12, safeguarding Canadians' personal information act; and Bill C-15, strengthening military justice in the defence of Canada act. I might add, that bill is long overdue as our military justice system is in need of these proposed changes. It has been looking for them for some time. It is a fairly small and discrete bill and taking so long to pass this House is not a testament to our productivity and efficiency. I hope we will be able to proceed with that.

Bill C-27 is the first nations financial transparency act, another step forward in accountability. Bill C-28 is the financial literacy leader act. At a time when we are concerned about people's financial circumstances, not just countries' but individuals', this is a positive step forward to help people improve their financial literacy so all Canadians can face a more secure financial future. Bill C-36 is the protecting Canada's seniors act which aims to prevent elder abuse. Does it not make sense that we move forward on that to provide Canadian seniors the protection they need from those very heinous crimes and offences which have become increasingly common in news reports in recent years?

Bill C-37 is the increasing offenders' accountability for victims act. This is another major step forward for readjusting our justice system which has been seen by most Canadians as being for too long concerned only about the rights and privileges of the criminals who are appearing in it, with insufficient consideration for the needs of victims and the impact of those criminal acts on them. We want to see a rebalancing of the system and that is why Bill C-37 is so important.

Of course, we have bills that have already been through the Senate, and are waiting on us to deal with them. Bill S-2, which deals with matrimonial real property, which would give fairness and equality to women on reserve, long overdue in this country. Let us get on with it and give first nations women the real property rights they deserve. Then there is Bill S-6, first nations electoral reform, a provision we want to see in place to advance democracy. Bill S-8 is the safe drinking water for first nations act; and Bill S-7 is the combatting terrorism act.

As members can see, there is plenty more work for this House to do. As members of Parliament, the least we can do is put in a bit of overtime and get these important measures passed.

In conclusion, Canada's economic strength, our advantage in these uncertain times, and our stability also depend on political stability and strong leadership. Across the world, political gridlock and indecision have led to economic uncertainty and they continue to threaten the world economy. That is not what Canadians want for their government. Our government is taking action to manage the country's business in a productive, hard-working and orderly fashion. That is why all members need to work together in a time of global economic uncertainty to advance the important bills I have identified, before we adjourn for the summer.

I call on all members to support today's motion to extend the working hours of this House by a few hours for the next two weeks. For the members opposite, not only do I hope for their support in this motion, I also hope I can count on them to put the interests of Canadians first and work with this government to pass the important bills that remain before us.

Canada-Panama Economic Growth and Prosperity ActGovernment Orders

June 7th, 2012 / 5:15 p.m.
See context

NDP

Isabelle Morin NDP Notre-Dame-de-Grâce—Lachine, QC

Mr. Speaker, I rise today to speak to Bill C-24, An Act to implement the Free Trade Agreement between Canada and the Republic of Panama, the Agreement on the Environment between Canada and the Republic of Panama and the Agreement on Labour Cooperation between Canada and the Republic of Panama. The title of this bill, which suggests this legislation will provide excellent economic spinoffs for our country and for the country with which the agreement was reached, is somewhat misleading. Over the course of my speech, hon. members will come to understand what I mean by that. They will also understand that, for obvious reasons, my party and I are against this bill.

Let us begin with some background. Bill C-24 came out of the 2010 negotiations between the Government of Canada and Panama. At the time, Panama was still considered to be a tax haven under OECD tax haven criteria. Does wanting to conclude a free trade agreement with such a country not strike my colleagues as questionable? Let us not forget the problems related to tax havens.

Each year the Government of Canada loses $9 billion in taxes to tax havens. Obviously, this $9 billion is not being spent on programs and services for Canadians. By signing agreements with countries like Panama, the government is indirectly encouraging the rich and corporations to avoid paying their fair share to Canadian society, which means Canadians lose money. Clearly, that forces the middle class and the poor to make up the difference. Where is the logic in this?

The Prime Minister is also making cuts to several programs, organizations and services, such as Rights and Democracy, employment insurance, old age security, the experimental lakes program, the Canadian fisheries sector, and the list goes on.

An application for a lousy $12,000 to install a ramp for the disabled was denied recently in my riding on the pretext that the government has to tighten its belt and make cuts. The application was rejected in spite of the fact that it met all the eligibility criteria set by the minister. This application was denied at a time when $9 billion is being lost to tax havens. Again, where is the logic in that?

Evidently, cuts are often made to services that benefit the middle class and the poor. The government justifies that by saying that there is not enough money in its coffers, when on numerous occasions it could have replenished the government coffers, as is currently the case.

Of course, the government will say that Panama no longer meets the criteria because it signed 12 tax information exchange agreements with France. That is what the minister of state just told us. I would like to remind members, however, that that is the minimum number of agreements to get through the crisis. So, evidently, the government is expecting the minimum. What kind of logic is this?

This is not evidence of the Panamanian government's genuine intention to resolve these issues because these problems are due to the fact that Panama is a tax haven. All this demonstrates is Panama's desire to no longer be labelled a tax haven, because otherwise I would imagine that Panama would take a number of other steps to ensure that it in no way meets the four criteria for tax havens.

Furthermore, the New Democrats and many people in my riding of Notre-Dame-de-Grâce—Lachine and that of my colleague from Chicoutimi—Le Fjord—who was unable to speak because closure was invoked by this government—as well as people in the 308 ridings in our country, cannot believe that Canada would enter into a free trade agreement with a country that refuses to sign a tax information exchange agreement, given Panama's reputation.

The government believes that the double taxation convention is enough. Let us be serious. Given that Panama engages in many illegal financial activities such as money laundering, it is quite naive to be satisfied with a convention that requires Panama to disclose only its legitimate revenues. Come on.

It is as though the government were unaware of the importance of money laundering to the country's business and unaware that Panama's tax haven policies make it a place that cannot be ignored.

As Todd Tucker said in November 2010, when he appeared before the committee studying this matter, “major Colombian and Mexican drug cartels, as well as Colombian illegal armed groups, use Panama for drug trafficking and money laundering purposes. The funds generated from illegal activity are susceptible to being laundered through Panamanian banks, real estate developments, and more.”

The government does not seem to realize that by doing business with Panama, it is encouraging this whole industry. That is what the Conservatives want. Well, no. They are muzzling us in order to hide the truth from Canadians and to make sure they get this agreement, no matter what the consequences. They are invoking closure to ensure that the opposition does not say anything embarrassing.

The government cannot remain indifferent to these facts, for as Françoise Héritier said, “Evil begins with indifference and resignation.” We in the NDP still believe that fair trade is possible and that we do not have to remain indifferent to the challenges that exist in other countries in order to create economic agreements that are sound and beneficial for all parties involved.

Another key point in this bill that prevents the NDP from supporting it is the notion of respect for workers' rights. There is absolutely nothing in this agreement to protect the fundamental rights of workers. There is nothing to ensure that these rights will not be denied in the future, as they were in 2010, when collecting mandatory union dues was prohibited, when the boss could fire striking employees, when roadblocks became illegal and when the police were protected from all criminal charges, legitimate or not. There is no protection against this.

The Conservatives seem to think that we can enter into an agreement with Panama and everything will magically work itself out, unless the Conservatives do not like workers' rights and are not really interested in them. Who knows. Clearly, I could talk about other questionable aspects, but there is not enough time.

At least I had time to speak. Many of my colleagues have not been able to represent their constituents because of the Conservatives' time allocation and closure motion.

I repeat: the NDP believes that it is possible, and desirable, for an effective trade strategy to make room for social justice, public-sector social programs and the gradual elimination of poverty.