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

March 29th, 2012 / 1:35 p.m.
See context

NDP

Jasbir Sandhu NDP Surrey North, BC

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.

However, before I do that I will take a moment to share with the House my meeting yesterday evening with the participants in the Forum for Young Canadians. I met with a number of young people from across this country and I can tell this House that our country has a bright future. These young people were very much tuned into the issues that we are discussing in this House and issues that matter to Canadians. We talked about the budget, the economy, health care, crime prevention and many more subjects. These young people were very well-informed about the issues that we discuss in this House.

I want to acknowledge those young people who I met last night. I met with Liane Hewith, a grade 12 student from Vancouver Quadra; Bronwyn Vaisey, a grade 9 student from Port Moody Gleneagle Secondary School; and Faythe Lou, a grade 11 student from Kwantlen Park Senior Secondary from my riding of Surrey North.

Indeed, Canada does have a bright future.

Today, because of the meeting last night, I am more committed as a parliamentarian to work harder to create opportunities for young people, such as the ones I met last night.

I will now move on to speak to the free trade agreement and talk about some of the basic principles of this trade deal, in other words, what should be a framework for Canada when we start these trade negotiations with other countries.

First, we should pursue 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 others. This puts countries with smaller economies in a position of inferiority vis-à-vis larger partners. A multilateral fair trade deal model avoids these issues, while protecting human rights and the environment.

The Canadian government needs to have a 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 principles of fair, sustainable and equitable trade that builds trading partnerships with other countries that support principles of social justice and human rights, while also expanding business opportunities.

In free trade agreements involving countries, such as Panama, we have the opportunity to better the human rights situation within that country. When will the Conservatives start putting the concerns of everyday people before those of big businesses? Fair trade should be the overarching principle, not just an afterthought, of trade negotiations.

The NDP on this side of the House 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 following points: first, providing a comprehensive, common-sense impact assessment on all international agreements that demonstrates that the trade deals Canada negotiates are beneficial to Canadian families, workers and industries. The government does not sign any trade agreements that would lead to net job losses for Canadian families.

Second, 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.

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

The fifth point is that any time the Government of Canada signs a free trade agreement, the decision to proceed with enabling legislation be subject to a binding vote on whether 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 neither mandatory nor does it bind the government to a decision of the House.

The points that I have just highlighted should be the guiding principles for negotiations for any free trade agreements.

In this agreement, I did not see the Conservative government use any of those principles. Rather, it appears to be once again resorting to making up facts to suit its interests rather than looking out for the interests of Canadians.

The Canada-Panama free trade agreement is another marginally improved copy of the George Bush style approach to trade. It still puts businesses and big corporations ahead of everyday working-class people, it has no effective enforcement of human rights and it pays lip service to environmental protection without any real tough measures or dispute resolution mechanisms.

It is another one of those NAFTA copycat agreements that were initially negotiated and designated for trade between highly industrialized countries. However, Panama is not a highly industrialized country. This trade deal would not help Panama grow substantially nor would it increase the standard of living for its citizens. Instead, it would increase the role and incentive for exploitation by multinational corporations and inequality at a far greater pace and scale than in the case of NAFTA.

Another factor is that Panama is not a major trading partner of Canada. Two-way merchandise trade between the two countries reached only $149 million in 2008, which is less than 1%.

According to the United States department of justice and other entities, Panama is a major financial conduit for Mexican and Colombian drug traffickers' money laundering activities. That is a major concern that has been raised by the opposition in the House and in committee. The issue of tax havens also needs to be considered when we enter into these sorts of agreements. The government needs to consider more than the dollar value of the contract that it is entering into.

This is yet another trade deal negotiated in record time, without any consultation with trade unions, environmental groups, civil society or any citizen of the country. A fair and sustainable deal would not just address the needs of business but also the needs of working families and the environment.

The trade agreement does not provide investors and labour with a level playing field. While, under chapter 11, investors have the right to seek binding arbitration that they can pursue independently, a trade union in Panama does not get to pursue a case to arbitration. It can file a complaint that would lead to an investigation or report but it is up to the government to seek remedies and damages.

Empirical evidence strongly suggests that the minister of the day will not pursue the matter. The trade agreement includes enforceable protections of patents, trademarks and copyrights but no meaningful protection of workers and no meaningful protection of the environment.

Rather than imposing a one size fits all model, convenient to the U.S. finance system, and helping transnational corporations and repressive governments play off workers in different countries, we must recognize that different countries choose different development strategies and must be allowed to pursue fair and sustainable trade.

I want to urge my colleagues in the Conservative government to put the interests of Canadian families first before the interests of big corporations and their friends when it comes to signing free trade agreements around the world.

Canada-Panama Economic Growth and Prosperity ActGovernment Orders

March 29th, 2012 / 12:50 p.m.
See context

NDP

Libby Davies NDP Vancouver East, BC

Mr. Speaker, I feel all fired up after hearing the member for Nanaimo—Cowichan. She gave a great summary of how the NDP feels about the bill and why we are opposed to it. I am pleased to rise in the House today to speak to Bill C-24, the free trade agreement between Canada and Panama.

This is not the first time that we have dealt with the bill and not the first time that we have fought the bill. It came to the House in the last Parliament. It was passed at second reading. It went to committee and many witnesses were called. It started to go through a clause-by-clause review. It was finally concluded in December 2010, but then died on the order paper at the dissolution of the 40th Parliament.

The legislation was reintroduced in November 2011. We do get to have another kick at the can, so to speak.

I just want to outline why we on the NDP side feel so strongly opposed to this bill and other trade agreements that we feel are exploitative, narrow and, as the previous member said, do not take a comprehensive approach.

I want to thank the labour movement, the Canadian Labour Congress. Individual unions have paid enormous attention to some of these bills. I remember the Canada-Colombia free trade agreement, which we opposed vigorously in this House for several years, as did the labour movement. We really feel that these trade agreements lay down a regime. They continue the NAFTA-style agreement that does not respect the integrity of human rights, that does not respect or even understand what needs to be addressed in the signing country and what Canada's role is in these agreements.

I think sometimes the Conservative government thinks that nobody is watching these innocuous bills, that these trade agreements are boring and technical, and that they will just slip through.

The fact is many groups pay attention to these particular trade agreements, whether it is the Council of Canadians, the Canadian Labour Congress or individual unions. I know the steelworkers did an incredible amount of work on the Canada-Colombia trade agreement because of their concern about labour rights and human rights in Colombia.

In my own community in east Vancouver, there is a whole movement of what is called fair trade. Commercial Drive is the first community in Canada that has a fair trade retail district. Stores are encouraged to purchase for their own use and to sell retail to customers products that have been obtained through fair trade practices, that are certified, transparent and healthy.

It is a consumer movement. It is partly in reaction to these massive trade agreements that are now being sent through this House, not just by Canada, but also by other governments. I do think it is important to know that there is an incredible amount of interest in the whole notion of fair trade that respects the rights, the environment and social justice in the country that we are trading with and also respects the need for jobs here in Canada.

This is a pretty large issue. If the government thinks it is just sort of sliding it through with no one watching, I think that is clearly not the case.

I want to highlight a couple of the things that we tried to do because, as the member for Nanaimo—Cowichan said, in the NDP we are not just opposing, we are actually proposing. We are being very proactive, putting forward amendments and trying to suggest what would improve a trade agreement.

When it went to the committee last year, the member for Burnaby—New Westminster was our trade critic at the time. He did an incredible job of providing awareness about this trade agreement and the Canada-Colombia agreement. He moved numerous motions to try to address some of the grievous aspects of the bill, and he focused on the fact that the bill would do nothing with respect to the tax haven environment in Panama.

I was not at the committee, but I know from the member that there were many witnesses who spoke about their concerns with the tax haven environment in Panama and its poor record on labour rights. The member valiantly tried to put forward amendments to address this. It is very distressing to know that both the Conservative and Liberal members of that committee shot down these amendments. Therefore, there were attempts made at committee to make this agreement a better agreement. It seems to me that is our job as legislators.

I think it is important to note for the record that the Canadian government has requested greater tax information and transparency from Panama. It is very concerning that Panama has refused to sign a tax information exchange agreement. In fact, this has led the OECD to label the nation a tax haven. Is this the kind of place we should be trading with?

We expect transparency in our country. Although it is a struggle, we are always working to ensure it happens. If we are to introduce a new agreement and develop a new trading relationship with a country, surely these are the kinds of provisions that should be front and centre in that agreement. It is very unfortunate that Panama refused to sign a tax information exchange agreement. That should sound a warning bell that there is a problem here.

The member for Burnaby—New Westminster moved a motion which would have stopped the implementation of the trade agreement until Panama agreed to sign a tax information exchange agreement. However, that too was defeated.

He also moved amendments that would have required the Minister of International Trade to consult with labour and trade unions as well as work with human rights experts and organizations in order to create impact assessments for the trade agreement. To me, this is very important.

We recognize that there is a serious problem. There needs to be ongoing evaluation, assessment and monitoring. Surely our minister responsible for these areas should be able to consult with labour and trade unions as well as human rights organizations who work in this area to know what is happening on the ground. We are not talking about theoretical situations. We are talking about serious human rights violations. We are talking about serious labour violations where workers do not have the right to collective agreements or the right to strike. Their ability to organize as a union is sometimes threatened in a collective and personal sense. That is a very serious situation.

Therefore, it seemed to us to be a very reasonable suggestion to put forward as an amendment that the minister would want to know what was going on. He would want to consult with the organizations that are aware of these situations to be able to have impact assessments as part of the agreement. One would think that would have been supported, but no, that was defeated too.

The member also put forward amendments that would have protected trade union workers in Panama by offering the right to collective bargaining as well as requiring the Minister of International Trade as the principle representative of Canada to consult on a regular basis with organizations in our country. That was defeated too.

The bill has a sorry history and it is back before us again. We will do our utmost to defeat the bill. It should go back to the drawing board. There should be a reverse in favour of an agreement that is based on the principles of fair, sustainable and equitable trade which builds trading relationships and partnerships with other countries, that supports the principles of social justice and human rights, while also expanding economic opportunities. That is what fair trade is about. That is what we should be doing in this agreement.

Canada-Panama Economic Growth and Prosperity ActGovernment Orders

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

NDP

Jean Crowder NDP Nanaimo—Cowichan, BC

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

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

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

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

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

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

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

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

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

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

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

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

Tarnoff goes on to say:

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Canada-Panama Economic Growth and Prosperity ActGovernment Orders

March 29th, 2012 / 12:20 p.m.
See context

NDP

Hélène LeBlanc NDP LaSalle—Émard, QC

Mr. Speaker, it is perfect timing for me to address the House on this budget day concerning the Canada-Panama free trade agreement.

Clearly, Canada is becoming a leader in primary resource exports, and it seems to have found its niche: exporting jobs that belong to Canadian workers.

The day before yesterday, I met with the Aveos workers who demonstrated on Parliament Hill to express their indignation at the unilateral closure without warning of the company's three facilities in Montreal, Winnipeg and Vancouver. The Montreal region lost 1,800 jobs, and the only thing that the Government of Canada is doing about it is asking the Standing Committee on Transport to study the issue. The Conservatives are in no hurry to protect workers and prevent companies from exporting jobs to the United States, Mexico, El Salvador or, in the future, Panama.

One thing is clear: on May 2 of last year, Canadians elected a strong and united NDP opposition to keep Canadian jobs in Canada.

People in the riding of LaSalle—Émard know that the Canada-Panama free trade agreement will lead to the loss of more jobs like the ones hemorrhaging from the aerospace, manufacturing and pharmaceutical research sectors in the greater Montreal area.

In the south east, plant closures have meant the loss of many precious jobs in Montreal. At this time, the people of LaSalle—Émard are once again feeling the threat of impending plant closures and further job losses. I have been assuring them that my NDP colleagues and I will do everything we can to stop that from happening.

As of February, Quebec had lost 70,000 jobs in the previous three months, including 8,000 in the manufacturing sector, according to The Gazette. That sort of hemorrhaging of jobs has not been seen since the 1981 recession. The overwhelming losses in Montreal speak volumes about this government's innovation strategy.

The new year was not a happy one for workers at the Johnson & Johnson pharmaceutical research centre. On January 10, they learned that the research centre on Notre-Dame Street in Montreal was closing, causing the loss of 36 permanent and 90 contract jobs. The next day, Sanofi announced that about 100 jobs would be lost.

Once again, the Conservatives' failure to act cost us good research jobs in Montreal.

The hemorrhaging continued in February, when 150 jobs were lost at Pfizer.

Next, British pharmaceutical group AstraZeneca announced that it was closing its research and development centre in Montreal after reorganizing its operations. The Montreal region lost 132 full-time jobs when that research centre in Saint-Laurent closed. At the same time, AstraZeneca announced a 23% increase in earnings for the fiscal year.

Next came the closure of appliance manufacturer Mabe, in eastern Montreal. Some 700 workers were laid off. Nonetheless, all the pieces were already in place in 2005, when the Mexican multinational bought Canada's Camco, which was the largest Canadian manufacturer in that sector.

In the final months of the 2010-11 fiscal year, the pharmaceutical company Merck Frosst announced its restructuring plans. It closed its centre for therapeutic research in Kirkland, on Montreal's West Island. Almost all of the employees were laid off. The media reported worries of a brain drain in Montreal.

Let us not forget the 1,300 Electrolux jobs that will be lost in L'Assomption, in the Lanaudière region, when the Swedish appliance manufacturer moves its operations to Memphis in 2013. Another 600 jobs were lost when White Birch Paper in Quebec City closed.

My fellow citizens in the rest of Canada have not been spared by the hollowing out of our economy. The Electro-Motive plant in London is a well-known case where 450 workers were laid off, which affected their families. They will not forget and neither will the NDP.

I also want to remind the House that Caterpillar recorded $4.9 billion profits the previous year and profits were up by a whopping 83%.

In Hamilton, 1,500 workers at Nanticoke were no luckier than their Ontario and Quebec counterparts in 2009 when Stelco closed its shops in 2009.

I would like to share a thought with the members of the House on this day when we are debating the bill on the Canada-Panama free trade agreement and when the government is bringing down its first budget as a majority government.

In a very lucid article titled “The myth of Tory economic performance” in February, the Globe and Mail commentator rightly hammered home what all Canadians know: the Conservatives have, time and time again, painted a rosy picture of their management of the economy. The article states:

To talk of the Tory economic record, we might first address the reddened state of our treasury that’s occasioning the cuts in the coming budget. A pertinent question is whether our deficit is the result of natural economic factors or whether it owes itself to vote-getting political expediency.

In this context, let’s recall a few things. Let’s recall the two-point GST cut that tore a giant hole in the revenue base, accounting for a good deal of the deficit. Let’s recall the prerecession spending – having inherited a $13-billion surplus, the [Conservative] team spent so excessively that we were close to a deficit by the time the recession began. Let’s recall the slashing of corporate tax rates and the government’s easing of mortgage rules and backing of risky loans that further bled the treasury.

Put it all together and what it shows is that, with more prudent fiscal management from the same guy who lectured other countries on debt in Davos, we could have coped with the recession without driving our treasury into a large deficit hole.

As the commentator says, the reality of the Conservatives' economic management is that jobs are being lost and factories are moving abroad. What the Canada-Panama free trade agreement and the Conservative majority government's budget have in store are painful cuts to our research and manufacturing sectors, which is why I am opposed to Bill C-24.

The NDP strongly believes in an alternative and a better form of trading relationship that can be established with Panama and any other country.

We have to have a fair trade policy that puts the pursuit of social justice, strong private-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, which builds trading partnerships with other countries that support the principles of social justice and human rights while also expanding business opportunity.

We must ensure that the trade agreements Canada negotiates support Canada’s sovereignty and freedom to chart its own policy.

We must adopt a fundamental principle whereby all trade agreements must respect fundamental international labour standards and human rights, and whereby policies are drafted to respect sustainable development and the integrity of all ecosystems.

Moreover, any time the Government of Canada signs a free trade agreement, the decision to proceed with enabling legislation should be subject to a binding vote on whether or not to accept the terms of the agreement.

In closing, I would like to express my gratitude, on behalf of the people of LaSalle—Émard, for this opportunity to speak in the House.

Canada-Panama Economic Growth and Prosperity ActGovernment Orders

March 29th, 2012 / 11:50 a.m.
See context

NDP

Hoang Mai NDP Brossard—La Prairie, QC

Madam Speaker, I am pleased to rise here today to speak to Bill C-24 to implement the free trade agreement between Canada and the Republic of Panama—and there is something else after that title.

At present, we have time to discuss and debate. I would like to point out that the NDP supports free trade agreements. We agree that Canada must trade with other countries. We realize that the Canadian economy relies on trade. So we have no problem with that. However, in this case, we believe that the government is not showing any leadership. Yes, it negotiated this agreement with another country, but why did it take such a narrow-minded approach? Why not look at more countries, in order to really establish better criteria?

I am not sure if any of my Conservative colleagues have read it, but I highly recommend the book Fair Trade for All by Joseph Stiglitz, a Nobel Prize winner in economics. The book looks at sustainable development—which we are trying to promote—and global fair trade. It also talks about strengthening ties in order to fight poverty and the problems of inequity. I would like to give my colleagues across the floor a little wake-up call: Canada and many other countries have a huge problem with inequity.

According to the OECD and the Conference Board, there is a huge and ever-increasing gap between the rich and the poor. And it is growing faster in Canada than it is in the United States. The OECD can prove it. So we have some problems in that regard.

I would now like to discuss more specifically this bill dealing with the free trade agreement with Panama, which poses two problems. First of all, Panama is a known tax haven. That presents a problem when it comes to doing business and negotiating with a country. Certain clauses must be taken into account, especially regarding tax evasion. The Quebec branch of the Association for the Taxation of Financial Transactions and for Citizens' Action recently prepared a submission on Panama and concluded that such an agreement would be tantamount to legitimizing a tax haven.

I invite my colleagues to read a December 2010 article from Le Devoir that says that “Panama is a tax haven, and not just any tax haven: it is one of the most active, one of the least co-operative and of the most integrated with organized crime”. Those comments were made by people from the outside. If we are going to conclude an agreement with Panama, then there needs to be more leadership with regard to tax evasion.

As the national revenue critic for the official opposition, I find that the government has not done enough. We will see in today's budget, which we are anxiously awaiting. A motion was moved at the Standing Committee on Finance to continue the work done in the previous parliamentary session, but, unfortunately, the motion has been set aside. I hope that the members opposite will accept the motion, which will be debated on Tuesday. The motion proposes that we use all necessary means to address tax evasion and tax havens. I think that my colleagues can agree on that. We are talking about revenue that Canada is losing through fraudulent means. I cannot see why we would not address these problems. I should mention that the Liberals did not do much about this either.

To come back to the agreement, one of the major problems is that Panama has refused to sign a tax information exchange agreement. That is very disturbing considering that Panama is known for its money laundering activities, including money from drug trafficking.

When the committee considered the bill during the 40th Parliament, Todd Tucker, from Public Citizen's Global Trade Watch, provided a very interesting testimony.

He made a compelling case that Panama is one of the world's worst tax havens and that the Panamanian government has deliberately allowed the country to become a tax haven.

In his statement, he said:

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

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

We believe that signing a free trade agreement that does not include a tax information exchange agreement with a country known for its lack of transparency and for being a tax haven is tantamount to promoting tax evasion. The government has to do something about that problem.

Proposals were made in committee. My colleague from Burnaby—New Westminster, the finance critic for the official opposition, worked very hard and proposed amendments that would have made it possible to support this bill. And then there are the component on workers' rights and the problems from an environmental standpoint, which I will come back to if I have time.

My colleague from Burnaby—New Westminster had proposed delaying the application or even the implementation of this agreement until Canada and Panama signed an agreement for the exchange of taxation information. Unfortunately, the Conservatives and Liberals defeated the motion, since both parties claimed to be satisfied with the double taxation component.

As we know, this does not address the issue of transparency or the fact that Panama is still considered a tax haven, nor does it fix the problem of information exchange.

I do not understand why the Conservatives and Liberals do not want to deal with tax havens and go after these funds.

Canadians are currently being asked to tighten their belts. The government is going to table an austerity budget. Yet, it is possible to generate revenue without necessarily cutting spending and jobs. It is possible to generate revenue from criminals—let us call a spade a spade—who exploit tax havens. Some do so legally, others illegally. Why not deal with that?

I was very disappointed that the Standing Committee on Finance refused to conduct this study. I hope that next time, on Tuesday, in the Standing Committee on Finance, the government will agree to undertake a more in-depth study of this.

Moreover, today and tomorrow, there is a conference on tax havens. I would invite my colleagues opposite to attend it.

This issue is very important. It is pathetic that such an incredible amount of money is being lost.

The Canada Revenue Agency has been called upon to address this issue, as has the Minister of National Revenue. We hope that certain problems will be addressed, otherwise we will be faced with a fiscal crisis, especially given the government's decision to cut corporate taxes and allow tax havens to exist unchecked. There are a lot of problems. We are realizing this, and are losing money. Unfortunately, the government is not doing anything about it.

Then there are workers' rights, another very important subject: when free trade agreements are unfair, workers—and, therefore, the public—lose money. It is a violation of their rights, including the right to bargain. It is an attack on the rights of the middle class, which supports the economy and the whole country. It only increases the gap between the rich and the poor.

Canada-Panama Economic Growth and Prosperity ActGovernment Orders

March 29th, 2012 / 11:35 a.m.
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Green

Elizabeth May Green Saanich—Gulf Islands, BC

Madam Speaker, I am pleased to rise today to speak to Bill C-24, the Canada–Panama economic growth and prosperity act.

Others in this House might not have been thinking throughout this debate of the famous palindrome: a man, a plan, a canal -- Panama. As members know, a palindrome is something that reads the same forward and backward. Unfortunately, I cannot read this trade deal as anything but backward. When the man is the Prime Minister and the plan is this free trade agreement, we do not get anything very progressive. We do not get a canal; we get a ditch.

We have a very small level of trade with Panama. While we see the Conservatives trying their best to gather up as many small trade agreements as possible, such as the one we passed with Jordan and this one with Panama, it is worth bearing in mind the level of trade that is currently at stake.

In 2010, there was just under $214 million in trade in goods between Canada and Panama. We do not expect this to go up very much even with a free trade agreement. If we look at previous free trade agreements with countries like Costa Rica and other small bilateral free trade agreements, we find that in a number of cases our trade has declined after signing the agreements.

We have a global trading framework already which includes the general agreement on tariffs and trade, and under the Uruguay round the creation of the World Trade Organization. We are not labouring any longer as a global society of nations under high tariffs and protectionist measures. They have been mostly slashed.

What would one want in trading and approving a trade agreement with Panama?

We have heard much in this House of the need to improve labour rights within Panama. We have heard that Panama continues to be a nation that traffics heavily in narcotics and drugs, and the rest of the world would like to stem their flow. We also know that Panama is a country that has extensive money laundering problems. This agreement does nothing to address these issues.

When we look at the ways in which Panama has operated as a tax haven, according to the Organisation for Economic Co-operation and Development, Panama is one of 26 jurisdictions in the world that have not yet fulfilled their promise as of 2002 to provide tax sharing information. That would provide a greater understanding of when a country is operating unfairly and illegally to harbour revenue and wealth so that the country of origin cannot tax it properly.

The trade agreement with Panama unfortunately does not deal with any of these issues. It does not deal with narcotics trading. It does not deal with the tax haven problem. It does not deal with money laundering. It does have a side agreement to deal with labour, but we can already measure from previous efforts with such side agreements that they have no real effect on improving labour conditions in a country.

Through the 1990s there was a great increase in trade agreements and a great wave of globalization. Its triumphalism was the creation of the World Trade Organization, but things have slightly stalled since Doha and there is a little less triumphalism. Some people feel that trade, trade liberalization and greater economic activity, particularly greater strength and power to corporations, will raise all boats. Gus Speth, the former head of the United Nations Development Programme, famously said, “This kind of trade raises all yachts”, but it does not do much for the poor. It certainly does nothing to improve labour conditions. If we negotiate a trade agreement while turning a blind eye to the things about our trading partner that worry us, things like drug trafficking, money laundering, human rights abuses, tax havens and places to shelter income that should be taxed under public revenue elsewhere, it is unlikely we would be able to fix them later.

Turning to the text of the agreement, in article 106 there are some carve outs so that the agreement would not unfairly target multilateral environmental agreements. I wish the trade negotiators for Canada had listed all the agreements that are important. They certainly have carved out the ones that were listed in NAFTA, such as, CITES, the Convention on International Trade in Endangered Species, the Montreal protocol on the ozone layer, the Basel convention on the transport of hazardous materials, the Rotterdam convention on trade in hazardous goods, and the Stockholm convention on persistent organic pollutants.

A startling omission, since both Panama and Canada are parties to the framework convention on climate change, is that the framework convention on climate change is not listed as an agreement that would be protected against any incidental accidental implications from this trade agreement to climate policies. As we speak, both Canada and Panama remain parties to the Kyoto protocol, although we know that Canada has signalled its intention, quite shamefully I may add, to withdraw from its legal commitments there. I would not expect to see the Kyoto protocol in this agreement, but I certainly expected to see the United Nations framework convention on climate change, to which both countries are currently committed.

More concerning are the sections that appear in chapter 9 of the Canada-Panama free trade agreement. Chapter 9 deals with the quite devastating investor state provisions.

It sounds like the most boring of topics, an investor state provision. What could it be and why do we care? I want all Canadians to care. This provision is our innovation. We were the first anywhere on the planet to create this provision. It was done in NAFTA. In NAFTA, it is chapter 11. In the Canada-Panama agreement it is chapter 9, but it has the same effect.

There was an effort to make this kind of provision global. Some may remember the efforts were negotiated within the Organisation for Economic Co-operation and Development. It started within the World Trade Organization, but it stalled there. At the WTO they were called multilateral investor agreements. They regrouped and went to the OECD and called them the multilateral agreement on investment, the MAI instead of the MIA. It stalled and failed there. Thank goodness. It was the result of widespread grassroots opposition.

It is the first truly global campaign I have ever seen where grassroots groups using the Internet reached out to each other. I remember one parliamentarian saying to me at the time, “I can't imagine that any Canadian citizen is really worried about something called the multilateral agreement on investment”. He came back to me a few days later, after he had been on an MPs' study tour and said that while he was paying for gas at a station in Corner Brook, Newfoundland, he saw on a clipboard a petition to stop the MAI. It contained several pages of signatures.

Why do Canadians at the grassroots and people globally not want more investor state provisions? I should say that once it failed at the OECD, largely thanks to France, but other countries ran to catch up, once it failed there, they abandoned it. By they I am referring to the corporate entities that are pursuing the notion that corporations should have powers superior to those of elected legislatures. The essence of an investor state provision is that multilateral corporations should be able to trump decisions made by democratically elected parliaments and legislatures around the world and they should be able to sue a country if that country passes legislation that a corporation does not like. That is the essence of it. It is not in any traditional way an expropriation.

They have taken it from global to doing it BIT by BIT, literally the acronym BIT, bilateral investment treaty, such as this one. They are collecting up by BITs to replace what they could not do directly, a global agreement that allows corporations to sue governments when governments take action, even when that action is not in any way designed to inhibit trade. It is as such when Canada banned a toxic gasoline additive, or when Canada took steps to ban the export of PCB contaminated waste pursuant to the Basel convention I mentioned earlier, or in the very sad and tragic case of Metalclad, a U.S. corporation. Metalclad wanted to put a toxic waste site next to a little community in Mexico called San Luis Potosi. The people of San Luis Potosi said no, that it was too close to their water source and they would not let that giant U.S. corporation, Metalclad, put its toxic waste disposal facility there. Under chapter 11 of NAFTA, Metalclad sued the federal state of Mexico.

This agreement means that any corporation with a mailbox in Panama can claim to be an investor and sue Canada at the municipal, provincial or federal levels for any decision it does not like, that it feels impedes its expectation of profits.

In the case of poor little San Luis Potosi, Mexico ended up owing Metalclad just under $17 million.

I fear that my time to speak to this agreement may be coming to a close. I want to conclude by saying firmly and clearly that we must learn from what has gone wrong with chapter 11 of NAFTA and stop including investor-state provisions as an automatic, unthinking addition to every single trade agreement we negotiate.

Canada-Panama Economic Growth and Prosperity ActGovernment Orders

March 29th, 2012 / 11:20 a.m.
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Liberal

Massimo Pacetti Liberal Saint-Léonard—Saint-Michel, QC

Madam Speaker, I am pleased to rise in the House today to debate Bill C-24 to implement the free trade agreement signed between Canada and the Republic of Panama on May 14, 2010.

Although I am in favour of free trade and I support this bill, I refuse to do so at any cost, because I think we need to take a step back and reflect on the relevance and the impact of this agreement. Unlike the NDP, which systematically opposes free trade, the Liberal Party of Canada has always believed that trade agreements can have a positive effect on our economy. As we all know, our economy is based on exports, so eliminating trade barriers is highly desirable. Personally, I do not think the agreement with Panama, per se, is problematic; rather I think the problem lies with abandoning our traditional markets.

Our current economic situation is proof of how negligent the Conservatives have been. Although we had a positive trade balance for a very long time, we now have a trade deficit, and I highly doubt that a free trade agreement with Panama will change that fact. In 2009, Canada's exports to Panama totalled only about $90 million, while our trade with the U.S. exceeds $1.4 billion every day. Approximately 75% of the goods we export go to the United States.

Even so, our trade balance with our neighbour is in deficit. Protectionist measures in the U.S. are contributing to this unfair situation, despite NAFTA. I therefore have to wonder why a new free trade agreement with another country is so urgent, when our largest trading partner refuses to honour its commitments when difficult economic times come along.

Perhaps the Canadian government should do more to defend our economic interests in Washington, rather than in Panama. We are seeing this government making more and more concessions to the Americans rather than defending Canadian interests, and our economy is paying the price.

I firmly believe that it would be in our best interest to focus our efforts on revitalizing our trade relationship with our neighbours to the south and our other major trading partners rather than spreading our resources out. Instead of doing whatever the Americans want, which is what the government did on the copyright issue, the Conservatives should work harder to protect Canadian interests.

The Conservatives have been too nonchalant. For example, even though President Obama mentioned the buy American policy several times in his speech, the Conservatives were taken completely by surprise when they found out that the U.S. government intended to go ahead with a measure that violates our free trade agreement.

Why bother signing so many other free trade agreements when the most important one is not even enforced? I think that we should find ways to make the United States respect our agreements before we sign new ones that will likely have very little impact. It is an inescapable fact that, because of our geography, our economy is heavily dependent on the United States. The government should focus its efforts on that market rather than divide its resources among less critical files.

We also have a number of other major trading partners, including South Korea, China and the United Kingdom. The government should make it a priority to recapture those markets. Despite its strong economic growth, Panama will never be more than a relatively small market for us. The impact of this agreement will therefore be small, as I have said several times already.

Of course, diversifying our trading partners is a good thing and makes us less vulnerable to the ups and downs of certain markets. Despite its relatively small economy, Panama is important. It has been experiencing significant economic growth and is one of Canada's major trading partners in Latin America.

The country has also been making significant progress in matters of governance and democracy. In a way, a free trade agreement would recognize that progress. It is also worth noting that the new Panama Canal will be of critical importance to global trade. The region will probably continue to experience strong economic growth and will become an even larger commercial hub once the new canal opens. Strengthening our relationship with Panama is no doubt a good move.

However, we cannot ignore the issues of tax evasion and money laundering. Canada loses millions of dollars every year because of such illegal activities. With a free trade agreement in place, we will be entitled to ask for greater fiscal transparency to combat tax fraud.

In addition, certain environmental and humanitarian issues need to be raised with the Panamanian government. The working conditions in Panama do not even come close to those of our workers. Salaries are extremely low and working conditions are far from good for everyone. This free trade agreement will open our market to Panamanian companies. We are within our rights to ask Panama to improve its working conditions. Clearly, a company that underpays its employees and makes them work 12 or even 16 hours a day does not deserve to be able to sell its products in Canada and compete with equivalent products that, of course, cost more to produce here.

The government must also require certain environmental guarantees. But, of course, I am not holding my breath in that regard. This government is not doing anything for Canada's environment and so I doubt it will do anything for Panama's. Coming from this government, such demands would have no credibility.

In closing, I would like to reiterate my support for free trade with Panama. However, I believe that we should sign a tax information exchange agreement with this country. This would help us to increase transparency and would give us more tools to combat tax evasion and money laundering in Panama.

Nevertheless, we should first put all our energy into recapturing our core markets. Canada must speak up. Canadians expect this government to protect their economic interests on the international stage. The Conservatives should focus more on our economic relationship with the United States and try to make it honour the free trade agreement because, as I mentioned in my speech, our economy depends heavily on the United States. Panama has only a very small influence on our economic health.

I am therefore asking the Conservatives to focus all their energy on the relationships with our largest trading partners. Given the fragility of the current economic situation, we simply do not have the luxury of ignoring our core markets, nor do we have the flexibility to do so.

Canada-Panama Economic Growth and Prosperity ActGovernment Orders

March 29th, 2012 / 11:10 a.m.
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NDP

Matthew Dubé NDP Chambly—Borduas, QC

Madam Speaker, I am very pleased to have the opportunity to speak about Bill C-24, as many of my colleagues have done before me. First, I would like to thank the hon. members for Burnaby—New Westminster and Windsor West, who worked so hard on this file.

I would like to clarify the position of the government, which seems to believe that everything is black or white. From the outset, I think it is very important to point out that, often, what we hear in debate is that the NDP is against all trade and against any measure that would help our Canadian industries to grow. That is not entirely true, and these comments need some clarification. The NDP is in favour of trade, but not at any price or for any reason. As the hon. member who just spoke pointed out so eloquently, we must be sure to consider certain important factors, such as workers' rights and sustainable development, when signing free trade agreements.

I think that the best way to say it is that we want free trade agreements that are equitable and fair and that truly take into account social justice and the other factors that I just mentioned.

To this end, there is one more thing we need to consider when examining the bill before us to implement a free trade agreement between Canada and Panama. The people of Chambly—Borduas have often shared with me their fears and worries about Canada's standing and reputation. The way our native country is perceived and the way we work with other countries in the world politically or economically may not seem important when we are talking about travelling to another country. And yet it is very important because we have a responsibility as a privileged and developed country to share these values.

When we sign free trade or other agreements with different countries, it is our responsibility to share those values and to behave in a way that will lead to economic growth and enhance rights in general, workers' rights and sustainable development. This must be done not only in Canada but throughout the world. The government often neglects this responsibility, particularly when it comes to bilateral free trade agreements, which are inadequate.

I listened with interest to an earlier question put to the member for Hamilton Mountain, who was speaking about the fact that the bill and the free trade agreement could support workers' rights. However, I am finding it very difficult to understand, as she pointed out, why the Conservatives voted against the well-reasoned amendments suggested by the member for Burnaby—New Westminster in committee if this is a truly an important issue to them. If the government were truly concerned, it would have taken the time to consider the very reasonable amendments moved.

It is important to also highlight another one of our international responsibilities. Panama is considered a tax haven. And this is an economic free trade agreement. Thus, I find it very difficult to consider that we will be dealing with a country that allows money laundering and tax evasion.

As I said, my colleague has worked very hard on this, and I would like to commend him. In fact, the NDP member for Burnaby—New Westminster moved an amendment that would resolve the issue of fiscal transparency. We could implement measures that would require Panama to exchange tax information with Canada. This would lessen the risk of illegal money laundering activities and so forth. I have already talked about these measures.

Once again, both the Conservatives and the Liberals rejected this amendment because they believe that Panama has a satisfactory double taxation agreement. I would like to point out that this is not a very good argument because the double taxation agreement pertains to fiscal transparency for legal revenue such as taxes, and we already know the source of such revenue. This measure does not at all deal with illegal revenue, but it could if the Panama agreement included my colleague's amendment, which seeks to bring about complete fiscal transparency.

The other aspect I would like to discuss is key to our argument. Several of my colleagues and I mentioned it earlier. I am referring to the rights of workers in the manufacturing sector. These rights are at the heart of a free trade agreement such as this one.

I can already hear the counter-argument that the NDP bows down to the unions. That argument is totally ridiculous in this case, because we are talking about developing countries that are still in the process of adapting their regulations and creating a culture of labour rights and human rights, which are fundamental rights. It is important to note that, while very competent people at the Canadian Labour Congress—Ms. Healy, as my colleague mentioned—have done research, we are not talking about a simple union matter here, or the will of a union. We are truly talking about important issues regarding labour rights. It is not complicated. We are talking about the people who will be making the products that are subject to this trade agreement. Human resources are at the core of this trade agreement. They are the foundation of the transactions that will take place. The jobs are more important than the profits that will be made.

The government likes to talk a lot about the jobs that these free trade agreements will help create. If we are going to talk about job growth, let us also talk about the quality of those jobs, here in Canada and in Panama. The government should focus on creating high-quality jobs for the people of Canada and of Panama. The government says that Canadians want economic growth, but as I was saying earlier, that growth should not come at all costs. I think our constituents, the people we represent, would agree. Here and around the world, we have built a reputation, a culture of defending labour rights and creating high-quality jobs. I think we would want the same thing for another country, Panama in this case.

That is a problem that comes up quite often, not just in this free trade agreement, but in a number of others. The government blindly applies the same negotiation strategies and the same conditions as the ones used for the North American Free Trade Agreement in the 1980s and 1990s. That was another time, but the government is trying to apply the same conditions today. Not only are we dealing with a country where the situation is very different from that of our neighbours to the south—the United States and Mexico—but the times are different as well. This is 2012, and the reality for workers has changed. For example, in the manufacturing sector, the tools available for workers are different. Accordingly, working conditions have changed. I think that we have to adapt to that vision going forward.

I will conclude by reiterating that the NDP opposes this bill not because we are against trade, industry and economic growth, but because we are against trade at all costs at the expense of justice and fairness. We want fair trade that is consistent with our fundamental values as they relate to human rights. Those rights are essential when we talk about trade in economic terms, because that also involves cultural exchanges with another country. We must be faithful to our reputation and our values in any agreement we sign, especially at the international level.

Canada-Panama Economic Growth and Prosperity ActGovernment Orders

March 29th, 2012 / 10:40 a.m.
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Liberal

Geoff Regan Liberal Halifax West, NS

Madam Speaker, I am pleased to rise today and speak to Bill C-24, an act to implement the free trade agreement between Canada and Panama. I enjoyed the comments of my colleague from Vancouver Kingsway. However, when he says that Canada should enter into an agreement with Norway, for example, he ought to remember that there was an agreement that was to come in the last few years with the EFTA countries, which included Norway, Iceland, Liechtenstein and Switzerland. The NDP voted against that, as I recall.

I appreciated my hon. colleague's point that trade is essential to our economy. It is important that members recognize that and understand what arises from that.

I come from a trade-dependent province, Nova Scotia. I recognize how important these kinds of agreements are to our economy, to job creation and to our families. My hon. colleague talked about the Canada–U.S. free trade agreement. In the early 1980s, the Canadian government of Mr. Trudeau was very concerned about arising sentiments of protectionism in the U.S. A variety of tariff barriers and non-tariff barriers arising in the U.S. were of great concern, causing issues for Canadian businesses trying to sell to the U.S. The process was begun under that government of discussing the possibility of an agreement with the U.S.

My biggest concern with the way the Mulroney government approached the negotiations with the U.S. was that its approach was to say that its whole economic policy was going to be dependent on getting a trade agreement with the U.S. It said to the U.S., “let us sit down and negotiate”. What kind of position are government members in if they make it clear publicly to the counterpart in negotiation that they are not going to leave the table, that they have to have an agreement as they have told their country that it is vital to their future to have this agreement? That does not put them in a very strong bargaining position. Surely it would have been better to have entered that negotiation differently.

My difficulty with the NDP point of view is that it can never find an agreement that it can support. Members are convinced that they could have negotiated a better agreement that was far more in Canada's favour. That is nice to say. Maybe there are things that could have been done differently. However, it is a bit unrealistic to say they could have negotiated a far better agreement and gotten everything they think is important. That is not what negotiation is like. It is a two-way street. That is why my friends in the NDP have never been in favour of any trade deal with any other country, as far as I can recall, no matter how many jobs it created for Canadians or Nova Scotians or how much, for example, it helped our regional economy in the Atlantic.

If we look at the record, Canada did very well. If we look at the economic performance of Canada and the U.S. during the 1990s and the decade between 2000 and 2010, the results for Canada's economy were very strong. My difficulty with the NDP approach is that opposing these agreements is preferring protectionism. Protectionism provides temporary relief. Two hundred years ago, or a little less than that, my great-grandfather was a shipwright in Dartmouth working on sailing ships. When they started to fade away and metal and steamships took over, we could have said we were going to prevent those from coming in, that we would support with protectionism and tariffs our wooden shipbuilding industry. That might have provided some relief for a little while, but sooner or later it would have had negative impacts on the economy. The standard of living for people in this country would have gone down.

I think that is the result when we have the kinds of protectionist barriers that my NDP colleagues favour. The alternative to the U.S. trade agreement, perfect though it may have been, would have been more barriers to our products.

If we look back to 1988-90, of course the trade agreement was negotiated in about 1987, we were 90% dependent for our trade on the U.S. Ninety per cent of our exports went to the U.S. That was an enormous proportion of our economy. So, to say that we did not need to have that or that it was not good enough simply is not a good enough answer. I think we have to come up with a better argument than that.

Speaking of the impacts on Atlantic Canada, I encourage colleagues to read the recent report of the Atlantic Provinces Economic Council, which was produced in connection with its outlook 2012 conference. It is cleverly entitled “Let's Get Out of Here”. It presents an interesting study on how Atlantic Canadian firms are taking on the world. They are not saying, “Let's get out of here and move to Fort McMurray”. They are saying, “Let's get out of here as Atlantic Canadian businesses, move around the world and sell our products to create jobs here at home”. That is the idea that they are promoting.

Atlantic Canada has been successful in building innovation-based businesses that have been focused on niche markets, while also capitalizing on our key resource sectors. However, those key resource sectors are struggling these days. If we look at what is happening in forestry, when people in the U.S. and around the world are reading fewer newspapers, when there are as not many houses being built in the U.S., that has a huge impact on the pulp and paper industry and on the lumber industry. So, we need to have other kinds of businesses, in the new economy especially, that are creating jobs.

One constant in our success in Atlantic Canada has been a reliance on trade. Before Confederation, the Maritime provinces and now the Atlantic provinces, were very strong traders. They were known as very successful traders with the U.S. and Europe. Yet, whether we are talking about Europe, the Middle East, China or America, Canada, particularly Atlantic Canada, has enjoyed success in all major markets in the world. Not enough success, in my view, but considerable success.

The fact that our reliance on exports to the U.S. has gone from 90% to 80% over the past couple of decades is a positive thing. Although we are not quite as reliant on exports to the U.S., we are still heavily reliant. I think we can expect that, for the foreseeable future, the U.S. will continue to be our most important market.

While we support this particular trade agreement, Canadian families, Canadian workers and the Canadian economy have been very poorly served by the government, which is failing in terms of its overall trade agenda around the world. While the Prime Minister and his ministers rack up a lot of frequent flyer points, jetting around the globe, they have basically ignored our key market: the U.S. We do not see much effort there.

More than $1.4 billion is traded between Canada and the U.S. on a daily basis as part of the largest commercial relationship between any two countries in the world. Yet the Conservatives have sat on their hands and watched as the border has thickened. We do not see the kind of effort there that we ought to see.

Canada's geographic, economic and cultural advantages in a North American market of nearly 500 million people will remain a major strategic asset in a rapidly evolving world, but not if we continue on the path the government has put us on.

As some of the speakers before me have noted, this trade agreement with Panama is yet another example of the current government pursuing new arrangements, at the expense of established agreements. The consequences, I think, are clear to anyone who has seen the recent trade statistics, which show declining exports and a trade deficit.

The one thing we can say about the Conservative government is it seems to be enamoured with deficits. Certainly, we know that it put the country in deficit after inheriting a $13 billion surplus. It put us in deficit by April of 2008, six months before the recession began. The government's mismanagement of Canada's trading relationship has resulted in trade deficits for the first time in 30 years. That is very worrisome. I am sure we will hear some fictions about the government's fiscal record and, we hope, about its record fiscal deficit this afternoon and the consequences for seniors, fishermen, the unemployed and just about everyone else who will pay for the Conservatives' incompetence.

Canada-Panama Economic Growth and Prosperity ActGovernment Orders

March 29th, 2012 / 10:25 a.m.
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NDP

Don Davies NDP Vancouver Kingsway, BC

Madam Speaker, I am pleased to stand in this House today to offer my comments on Bill C-24, An Act to implement the Free Trade Agreement between Canada and the Republic of Panama, the Agreement on the Environment between Canada and the Republic of Panama and the Agreement on Labour Cooperation between Canada and the Republic of Panama.

I will start by talking generally about the perspective I bring to this House from Vancouver, Vancouver Kingsway in particular, and the good folks there. I think this is a broad consensus of their views on trade policy. The principles I am about to talk about fairly express those points of view.

Trade is very important to Canada. It is recognized by all Canadians who care to think about this issue that trade is essential to our economy. British Columbia is a coastal province and a trading province. There is a very strong commitment to the concept of trade being very important not only to the development of the economy of Canada but also the economy of British Columbia.

There are many businesses and enterprises in British Columbia, as there are across the country, that engage either directly or indirectly in the import or export of goods and services around the world. This is particularly the case with Asia with which British Columbia and businesses in British Columbia have a particularly strong tie.

Trade allows goods and services that are within the productive capacity or local expertise or resources of one country to be exchanged with those of another. That is why I can say certainly on behalf of the New Democrats that we believe trade is good. We believe it is desirable. We believe it is critical to our economy.

The question that should be raised with respect to any trade deal is the terms on which that trade ought to be conducted. Are there any principles, policies or rules that should be applied when Canadians consider the exchange of goods and services out of our country and the entrance of goods and services into our country?

There is a vast spectrum in the political world. We have heard some views expressed in this House during the debate. At the far end of the spectrum, there are those who assert that trade ought to be totally free, that the market should be free to act on its own, and that goods and services should be allowed to enter untrammelled to whatever market those goods and services can penetrate, and that government should stay out of the way. At the other end of the spectrum, there are those who have the view that trade should be highly regulated, that there should be high tariffs, that countries should be closed and highly protectionist.

On the one hand there are the proponents of total free trade, who think that goods should be able to enter a country regardless of the other country's labour standards, environmental standards, and regardless of the human rights situation in that country. On the other hand there are those with a very closed approach to trade who think it should be very difficult for goods and services to enter the economy.

Speaking on behalf of the people of Vancouver Kingsway, and British Columbia and, I think, on behalf of the New Democratic Party of Canada, we believe that we should have a policy that pursues well-managed trade, not free trade, not a closed approach to trade, but fair trade. That is the approach to trade this party has taken every since the free trade debates opened up in this country some decades ago.

Why do we take this position? We believe that Canadians do not want goods and services that use child labour to enter Canada. We do not want goods and services that are the product of destructive environmental practices to enter this country. Canadians do not want goods coming to this country from countries that have very poor human rights records. Canadians do not want goods and services to enter this country when those goods and services come from an economy that is so fundamentally different from ours, with such lower standards that it actually hurts Canadian employers' ability to compete.

I will give one example. One of the reasons the NDP led such a spirited campaign with the Liberal Party in the 1980s, who opposed the free trade agreement with the United States at the time, was that we would be opening our borders to the U.S. economy which had 10 times the power of ours. In some of the southern states there were no labour standards, there was economy of scale, and employers were paying so little in wages that it would hurt Canadian employers. That was a major concern.

At that time, there was a burgeoning textile industry in this country, particularly in Quebec, but in other provinces as well. Employers were paying good wages. They were paying for health and welfare plans and pension plans. Workers were paid wages on which they could raise their families. Employers were paying workers' compensation benefits to the government to compensate workers if they were injured on the job. The employers were paying EI premiums in case workers became unemployed. These were the kinds of jobs that were being developed in this country. As soon as the free trade agreement was signed, textiles were allowed to flood in from the southern United States, where there were no unionized jobs, wages were half the rate that Canadian employers were paying, employers were not paying into social programs and there was no public health insurance. The result was that Quebec's textile industry was decimated. Canada lost tens of thousands of jobs, hundreds of thousands if we include jobs in other industries. These were good, middle-class, well-paying jobs.

There is a lot of rhetoric around trade in the House. The facts are that over the last 30 years, since the neo-liberal or neo-conservative, depending on one's point of view, concept of pursuing untrammelled free trade agreements, a significant change has occurred in the living standards of workers in this country. By any measure, according to many groups, Canadian workers today make less money in real terms than workers did 30 years ago. The middle class has been squeezed and the inequality of wealth distribution in this country has risen dramatically over the last 30 years. That is not rhetoric; that is a fact.

Part of the reason that happened is the trade policy that has been pursued not only by the Conservative government but by the Liberal government before it. At one time, I think it was in 1993, the Liberals campaigned on removing Canada from NAFTA. Of course, it is not uncommon for the Liberals to change their minds once they get into power, and they never did remove Canada from NAFTA. It is important to understand that Canadians and New Democrats want a trade policy based on encouraging trade and making sure that the sound principles I referred to are respected.

Regarding the bill that is before us today, New Democrats are concerned about it and do not believe it is a sound piece of legislation.

When the committee considered this bill, compelling testimony was heard from witnesses regarding the tax situation in the Republic of Panama, as well as its poor record of human rights. I do not hear anybody on either side of the House disputing the human rights record in Panama, but it is a concern.

Despite requests from the Canadian government, Panama has refused to sign a tax information exchange agreement. This is very troubling, considering the large amount of money that is documented to be laundered in Panama, including money from drug trafficking. Some years ago there was a study done, I believe at Harvard University, which listed Panama as one of the top three countries for money laundering from drug cartels in South America. Panama's complete lack of taxation transparency has led the Organisation for Economic Co-operation and Development to label the nation as a tax haven. It is not the New Democrats calling it a tax haven, it is the OECD.

Recently Panama was removed from the so-called OECD grey list, after substantially implementing the standard for exchange of information when it signed a tax information exchange agreement with France. That brings Panama's total agreements to the critical 12, the international standard. However, French President Sarkozy, in a speech at the end of the G20 conference in November last year in Switzerland, named Panama as a country that nevertheless remains a tax haven.

I believe that all people of Canada and members of this House should be concentrating on pursuing free trade agreements with countries that raise environmental standards, respect human rights, protect Canadian employers and make—

The House resumed from March 2 consideration of the motion that Bill C-24, An Act to implement the Free Trade Agreement between Canada and the Republic of Panama, the Agreement on the Environment between Canada and the Republic of Panama and the Agreement on Labour Cooperation between Canada and the Republic of Panama, be read the second time and referred to a committee, and of the motion that the question be now put.

Business of the HouseOral Questions

March 15th, 2012 / 3:10 p.m.
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York—Simcoe Ontario

Conservative

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

Mr. Speaker, on the contrary. It has been suggested in the past when we have had budgets on Thursdays that we were doing that so we could go out and talk to Canadians about it for several days. Clearly, our interest is to tell Canadians about our economic action plan 2012 which is focused on keeping taxes down and creating jobs and economic growth for Canadians. We hope we will be able to speak about it a lot to Canadians. We are confident that they will see that we share their priorities strongly. I thank the opposition House leader for giving me the opportunity to explain that.

We will conclude this hard-working, productive and orderly week in Parliament by continuing debate on Bill C-31, the protecting Canada's immigration system act this afternoon and tomorrow. We will also debate that bill on Monday, March 26.

Next week is a constituency week where we will all be hard at work in our ridings.

The highlight of the week we return to Ottawa will be when the Minister of Finance rises in the House to present Canada's economic action plan 2012. That will be on Thursday, March 29 at 4 p.m. Canadians can look forward to our economic action plan which will include, as I indicated earlier, important measures focused on jobs and economic growth.

I understand that the Standing Committee on Finance agreed to a responsible work plan for its study of the financial system review act, Bill S-5 so that this House can pass the bill before Canada's banking laws expire in mid-April. Canada has the world's soundest banking system. It is important that we keep it this way. That is why I trust we will see a responsible approach to this bill in the House, similar to what we saw at committee. In anticipation of the bill being reported back to the House tomorrow afternoon, I will be giving priority to report stage and third reading of Bill S-5 on Tuesday, March 27 and Wednesday, March 28.

If we have additional time on those days, I hope we can finish second reading debate of Bill S-4, the Safer Railways Act, and then deal with Bill C-12, the Safeguarding Canadians' Personal Information Act, at second reading.

On Thursday, March 29, we will resume debating Bill C-24, the Canada–Panama Economic Growth and Prosperity Act, before question period. After question period, the House will turn to Bill C-15, the Strengthening Military Justice in the Defence of Canada Act.

Friday, March 30, shall be the first full day of debate on the budget.

Canada-Panama Economic Growth and Prosperity ActGovernment Orders

March 2nd, 2012 / 12:40 p.m.
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NDP

Pat Martin NDP Winnipeg Centre, MB

Mr. Speaker, I am thankful for this opportunity to enter the debate on Bill C-24. I thank my colleague for Western Arctic for very capably articulating many of the positions of the NDP and the reservations we have with this bill. I will do my best not to repeat the many legitimate points my colleague made.

However, I will say with some frustration that I have been tracking and following this debate since August 11, 2009. when the government, unilaterally and without consultation from Parliament, concluded its negotiations. I cannot criticize this, as governments do have the right to enter into free trade agreements. However, they then need to ratify them with the Parliament of Canada where the legitimate concerns that the parties may have on behalf of our representatives can be made known. In any serious consultation, there should be some accommodation of the legitimate concerns the other parties brought forward in the context of the free trade agreements entered into.

I raise this only because it has been a constant source of frustration to us that the consultation has not been meaningful or robust and it does not, by any stretch of the imagination, even meet the definition of true consultation if the government side has not accommodated at least some of the legitimate concerns brought forward. I would refer members to recent Supreme Court decisions that dealt with the issue of what constitutes meaningful consultation.

I do not think, by any stretch of the imagination, we can conclude that meaningful consultation took place, because not one of the amendments brought forward by the official opposition were entertained or allowed by the ruling party, even though some of the concerns brought forward would meet the nod test from the general public. A lot of Canadians would be upset to learn that we are entering into this trade agreement with a country like Panama without taking steps and measures to ensure that Panama is worthy of a free trade agreement with Canada.

I do not use that word lightly. Trade with Canada is a privilege, not a right. I am the first one to admit that free trade can help elevate the standards of both parties to a trade agreement. We do not look for mirror image countries. This is not some kind of vanity exercise where we will only trade with countries that are just like us, but surely they must meet some minimum ethical, labour and environmental standards. For Heaven's sake, they should not be the tax haven of choice and the money laundering country of choice for the international drug cartel. Why would we reward bad behaviour?

It comes to mind that Panama is probably dining out on the fact that it has achieved a good housekeeping seal of approval by Canada which has seen fit to enter into a trade agreement with it. It says that maybe all the accusations of being the drug laundering capital of Central America and South America cannot be true because otherwise a nice country like Canada would not sign the agreement with it.

I am here to say that the world is not satisfied that Panama has taken corrective action. It is not a responsible actor in the international financial community. The president of France said so as recently as November 5, 2011. He cited a number of countries that should be shunned by the international community. Guess what countries are on that list? They include Antigua, Barbuda, Barbados, Trinidad and Tobago, Botswana, Brunei, Panama, Uruguay and Venuatu. President Sarkozy threatened that the countries that remain tax havens will be shunned by the international community. How does that jibe with us having this debate today and about to enter into a process that legitimizes and validates the behaviour and past practices of that country.

International tax havens are a scourge on the international financial world and they should be stamped out. They should not be allowed. I go to chartered accountants' websites sometimes to track what is being pushed around here. They call it “tax motivated expatriation”. That is the nice sanitary term for what I call “sleazy tax cheating loopholes” that are ubiquitous among a certain financial class of people.

The OECD has a grey list. Panama was removed from the grey list. It reads:

Panama today moved to the OECD’s list of jurisdictions considered to have substantially implemented the standard for exchange of information when it signed a tax information exchange agreement with France. This brings Panama’s total agreements to the critical 12 that meet the international standard.

Since then, it was when Mr. Sarkozy, in a speech made at the G20 conference in Cannes, named the Caribbean countries and eight others, including Panama, as countries that remain tax havens and should be shunned by the international community.

What is this almost obsession to sign as many of these trade agreements with as many countries as humanly possible without even doing the due diligence, the scrutiny and the oversight that one would expect? These are binding agreements.

The amendments that my colleague brought forward, the terms and conditions under which the government could garner NDP support for these, were reasonable ones that I think would meet the nod test from almost all ordinary Canadians. One was that we address the status of labour rights in Panama. If it is our goal to use our trade relationships as an objective to elevate the standard of living conditions for the trading partners with which we sign these agreements, why do we need to have a side agreement on labour rights that is virtually unenforceable? Why is that not part of the substance of the text of the actual agreement?

Environmental concerns are something that the NDP always wants to see addressed. We should be setting the industry standard, not tacitly endorsing the bad practices of other countries by entering into these legitimizing trade agreements.

There has not been a business case made on how this is categorically in the best interests of a majority of Canadians. Of course we want trade. We are a trading nation and we do rely on trade. We are blessed with natural resources. We export, we extract and export. However, some of us would say that current and recent past practices would indicate a lack of commitment and perhaps a disturbing trend of not putting enough emphasis on value adding our resources before they are exported from this country.

I will give one example as it relates to my own riding of Winnipeg Centre. I used to have 43 garment manufacturers in my riding, the largest of which had 1,800 employees at its peak. Many of them had 300, 400 and 500 employees. Some were small boutique custom made shops. We are now down to nine. I am talking about the period of time that I have been a member of Parliament, from 1997 to today. It went from 43 to 9, 10,000 to 12,000 employees, just in my riding, and that does not include Winnipeg North where my colleague used to have garment manufacturers.

We decided to cut that sector loose. Somebody made a conscious decision to stop the duty remissions and all the efforts we made to keep manufacturing in Canada. Somebody turned a blind eye to the trade provisions. When China was invited into the WTO, the partners to the WTO could have signed phase-in agreements but Canada chose not to.

Therefore, we got the 200% and 300% impact all in one year. Countries like the United States had a 10-year phase-in at 5% to 10% a year. For Canada, it was all or nothing and, believe me, that was the death knell of the garment industry in my city. To whose benefit was that? Those were great entry level gateway jobs, often for new Canadians. They were not big paying jobs but they were good unionized jobs with a day care centre, a pension plan and a dental plan, and they are all gone. The government in its wisdom watched them fly out the window and did not lift a finger to save them. That is the same attitude that we see toward these trade agreements. The government is being irresponsible.

Canada-Panama Economic Growth and Prosperity ActGovernment Orders

March 2nd, 2012 / 12:20 p.m.
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NDP

Dennis Bevington NDP Western Arctic, NT

Mr. Speaker, I am pleased to have an opportunity to question my colleague who has brought up a number of issues in regard to Bill C-24. I know that those issues are important to all of us in the House. Over the past years that we have been working on this bill, we have proposed many amendments on the subjects the member has concerns about, yet I do not see that the Liberal Party has come through with support for those amendments. Can the member explain his and his party's actions in that regard?