Canada-Korea Economic Growth and Prosperity Act

An Act to implement the Free Trade Agreement between Canada and the Republic of Korea

This bill was last introduced in the 41st Parliament, 2nd Session, which ended in August 2015.

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 between Canada and the Republic of Korea that was done at Ottawa on September 22, 2014.
The general provisions of the enactment set out rules of interpretation and specify that no recourse may be taken on the basis of sections 9 to 15 or any order made under those sections, or on the basis of the provisions of the Free Trade Agreement, without the consent of the Attorney General of Canada.
Part 1 approves the Free Trade Agreement and provides for the payment by Canada of its share of the expenditures associated with the operation of the institutional aspects of the Agreement and the power of the Governor in Council to make orders for carrying out the provisions of the enactment. Part 1 also provides protection for certain geographical indications.
Part 2 amends existing laws in order to bring them into conformity with Canada’s obligations under the Free Trade Agreement between Canada and the Republic of Korea.
Part 3 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

Oct. 29, 2014 Passed That the Bill be now read a third time and do pass.
Oct. 1, 2014 Passed That the Bill be now read a second time and referred to the Standing Committee on International Trade.

Canada-Korea Economic Growth and Prosperity ActGovernment Orders

September 30th, 2014 / 3:10 p.m.
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NDP

Marc-André Morin NDP Laurentides—Labelle, QC

Mr. Speaker, one thing is certain: Korea is becoming one of the most modern economies in the world and is a niche market for renewable energy. It is in our interest to learn from Korea. I am sure that Koreans are not creationists and global warming deniers, for instance.

Canada-Korea Economic Growth and Prosperity ActGovernment Orders

September 30th, 2014 / 3:10 p.m.
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NDP

Pierre-Luc Dusseault NDP Sherbrooke, QC

Mr. Speaker, I thank my colleague for his speech.

Why is it important to have a coherent position based on facts and principles, unlike other parties that support any free trade agreement, without even looking at its terms? They are ready to fully support any proposed free trade agreement. That is why it is important to have a coherent position and see all the details of an agreement before we support it. Some agreements are bad for Canada and some, such as this one, are good. Sometimes we support free trade agreements, and sometimes we do not; we always have good reasons.

Why is it important to take such positions instead of just agreeing with any random proposal without even seeing the details?

Canada-Korea Economic Growth and Prosperity ActGovernment Orders

September 30th, 2014 / 3:15 p.m.
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NDP

Marc-André Morin NDP Laurentides—Labelle, QC

Mr. Speaker, it is very important to take a serious and coherent approach and examine the facts.

I am a bit more familiar with Japanese culture. Although the two countries have not always been the best of friends, many parallels can be drawn. They have conducted trade for hundreds of years. They are obsessed with detail and ensuring that nothing is left to chance. Human contact is paramount for these countries. It often comes before other considerations.

We cannot go there unprepared and recite political slogans or read talking points from the House. They will not take us seriously.

Canada-Korea Economic Growth and Prosperity ActGovernment Orders

September 30th, 2014 / 3:15 p.m.
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NDP

Anne-Marie Day NDP Charlesbourg—Haute-Saint-Charles, QC

Mr. Speaker, I really enjoy hearing about the economy and free trade.

The NDP would not necessarily have signed off on or negotiated an agreement like this one. It includes an investor-state dispute settlement mechanism, which is something that the NDP would not have included in this type of trade agreement. Could the member elaborate on that?

Canada-Korea Economic Growth and Prosperity ActGovernment Orders

September 30th, 2014 / 3:15 p.m.
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NDP

Marc-André Morin NDP Laurentides—Labelle, QC

Mr. Speaker, all sorts of protection measures are necessary when we are dealing with dictatorships, narco-states or countries with questionable practices and flawed legal systems.

It is completely unnecessary with Korea. Its justice system is every bit as good as ours. There is no reason to think that this is a corrupt country with a justice system that is biased or manipulated by the government.

Clearly, we would not have taken the same approach to negotiating this agreement, out of respect for our economic partners.

Canada-Korea Economic Growth and Prosperity ActGovernment Orders

September 30th, 2014 / 3:15 p.m.
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Simcoe—Grey Ontario

Conservative

Kellie Leitch ConservativeMinister of Labour and Minister of Status of Women

Mr. Speaker, there is a saying among economists that “a rising tide lifts all boats”. Canada is certainly on the rising tide, and we believe that everyone in our country will see their fortunes rise.

Hundreds of major resource projects are scheduled to begin over the next decade.

New jobs are being created all the time. Middle-class after-tax incomes are outpacing those in the U.S. We have one of the strongest fiscal positions in the industrialized world.

We will balance the budget by 2015. No wonder Bloomberg and the World Bank consider Canada to be one of the best places in the world to do business. Our economic future is bright.

However, Canada's long-term prosperity also depends on increasing our trade. When we increase trade, prices for goods and services fall, making goods all that more affordable for families. These are goods like those sold by Baxter in Alliston, in my riding, or by Munro in Essa Township. Canadian families have a greater choice of goods and services, businesses can hire more workers, and wages go up. In other words, our standard of living improves in every way. There is no better job creator or economic growth generator than free trade.

This is why our government made a commitment to the most ambitious trade plan in Canadian history. We are vigorously pursuing our free trade agenda and giving Canadian investors and exporters the tools they need to compete—and win—in the global marketplace.

Since 2006, we have increased the number of countries that Canada has free trade with from 5 to 43.

These nations together make up more than half of the global economy and represent nearly one-quarter of the world's countries. Last fall, the Prime Minister announced a historic agreement in principle with the 28-nation European Union that will give Canadian businesses access to half a billion affluent new customers.

Now we are discussing the free trade agreement with the Republic of South Korea, which has a large and growing market and a GDP of $1.3 trillion. This agreement is historic because it is our first bilateral agreement in Asia, a key market in Canada's expanding international trade role. The agreement will generate increased exports and investment opportunities for Canadians by creating a stable trade and investment relationship. This will bring significant benefits across many sectors in the Canadian economy. We estimate that it will increase Canadian exports to South Korea by 32% and boost Canada's economy by $1.7 billion. It will also give a better foothold into the vast Asian market.

At the same time, the labour provisions in the free trade agreement will ensure that these economic advantages are not made at the expense of workers' rights. Our government's first priority is economic growth. When Canada enters into trade agreements, we believe it is important that fundamental labour rights are respected. This is why international labour co-operation agreements and labour chapters are key components of our trade agreements. The Canada–Korea trade agreement has a labour chapter that includes several labour provisions. More precisely, under the terms of this FTA, Canada and Korea have committed to ensuring that our labour laws embody and provide protection for internationally recognized labour principles and rights.

These include, in the International Labour Organization's 1998 Declaration on Fundamental Principles and Rights at Work, the right to the freedom of association, the right to collective bargaining, the effective abolition of child labour, the elimination of forced or compulsory labour, and the elimination of discrimination in the workplace. Both countries have also committed to ensuring acceptable protections with regard to occupational health and safety, employment standards, and non-discrimination with respect to working conditions for migrant workers.

Clearly, Canada sees the pursuit of liberalized trade and the promotion and protection of labour rights as mutually reinforcing and equally important. They go hand in hand.

We believe it is important to defend Canada's competitive position by ensuring that our trading partners do not gain an unfair advantage by not respecting fundamental labour rights or by not enforcing their labour laws. The inclusion of strong labour provisions in our free trade agreement creates a level playing field for Canadian businesses and workers when they compete internationally. This is good for businesses all across the country, including Georgian Hills Vineyard in my riding and others.

As Minister of Status of Women, one thing I am also proud to note is that Korea is just as committed to advancing women in the economy as we are here in Canada. We know that when women succeed, our economy benefits. This agreement will undoubtedly translate into more jobs for women in both our countries.

It is clear that Korea is just as committed as we are to the success of this accord. However, as members can appreciate, the commitments that we make in these agreements are only credible if we have a means of enforcing them. To this end, the Canada–Korea FTA includes an enforceable dispute mechanism that may lead to financial penalties in the case of non-compliance with the obligations of the labour chapter by either signatory country. Members of the public can submit complaints if parties involved fail to meet their obligations.

I am confident that this agreement will help create well-paying jobs for Canadian workers, without requiring us to compromise our values.

I am confident that this agreement will help create well-paid jobs for Canadian workers without requiring us to compromise our values. Let us bring this agreement into force as soon as possible so that Canadian workers and businesses can access all of these benefits.

I therefore ask my fellow parliamentarians to support Bill C-41 so that we can implement the Canada-Korea free trade agreement tout de suite.

Canada-Korea Economic Growth and Prosperity ActGovernment Orders

September 30th, 2014 / 3:25 p.m.
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NDP

Linda Duncan NDP Edmonton Strathcona, AB

Mr. Speaker, I would have to say that I and my colleagues are encouraged that the government, in its negotiations with Korea, has decided to incorporate the environmental provisions in chapter seventeen, which we have been arguing for in the last dozen or so trade agreements.

However, I have a couple of questions for the minister.

I notice in article 17.6 that Canada has committed to now take into account scientific and technical information in setting standards, guidelines, and recommendations. This is encouraging. New Democrats are looking forward to how policies change in this area, and it is interesting that it is happening through trade negotiations.

The Government of Canada has also committed to taking a number of other measures, including not to inappropriately encourage trade by downgrading environmental laws.

My question is this: is the Government of Canada now reconsidering the changes that it made to federal environmental laws that have in fact downgraded the federal oversight of environmental management and review of major energy projects?

Canada-Korea Economic Growth and Prosperity ActGovernment Orders

September 30th, 2014 / 3:25 p.m.
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Conservative

Kellie Leitch Conservative Simcoe—Grey, ON

Mr. Speaker, I want to be very clear. We have been very focused as a government on being responsible with regard to resource development.

I can speak as someone who comes from one of those northern communities where significant mining takes place: Fort McMurray, Alberta. What those companies have done to reclaim land, make sure that it is reforested, and make sure that the wood buffalo are thriving throughout Alberta is commendable. We are very focused on responsible resource development.

We are also very focused on making sure that Canadians have jobs. The Canada-Korea free trade agreement is central to that, providing huge opportunities for Canadians to have jobs in the future as we grow and expand our trade opportunities, just as we have focused on creating jobs here in Canada.

Canada-Korea Economic Growth and Prosperity ActGovernment Orders

September 30th, 2014 / 3:25 p.m.
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NDP

Alain Giguère NDP Marc-Aurèle-Fortin, QC

Mr. Speaker, for the first time, I would like to indicate my appreciation to the Minister of Labour for speaking French in this debate.

The NDP has indicated that it supports this agreement. However, I must remind the House of the importance of having well-defined criteria. When deciding whether or not to support a bill, we in the NDP do not make such decisions willy-nilly or under the influence of lobbyists.

Does the minister understand that when the NDP supports a bill, it does so based on objective criteria, and that the government should do the same so that, in the future, it always introduces bills that meet well-defined criteria and that are always in the best interest of Canada?

Canada-Korea Economic Growth and Prosperity ActGovernment Orders

September 30th, 2014 / 3:25 p.m.
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Conservative

Kellie Leitch Conservative Simcoe—Grey, ON

Mr. Speaker, one of the most important criteria to be focused on is how many jobs will be created for Canadians. The Canada-Korea free trade agreement is focused on making sure that we increase our exports by 32%, which would boost the Canadian economy because of the $1.7 billion annual increase. That is very important to Canadians. Making sure Canadians have full-time, well-paying jobs is probably the most important criterion.

That is what this government is focused on: job creation. We are doing exactly that by passing this free trade agreement.

Canada-Korea Economic Growth and Prosperity ActGovernment Orders

September 30th, 2014 / 3:25 p.m.
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NDP

Brian Masse NDP Windsor West, ON

Mr. Speaker, with regard to good value-added jobs, one of the challenges with South Korea is the disadvantage we have with non-tariff barriers in the automotive sector in South Korea. Hundreds of thousands of Korean vehicles are purchased in Canada; meanwhile, we have very little opportunity to sell into South Korea.

I would ask my hon. colleague what the government is going to do specifically to ensure that the auto industry is not hurt by this trade agreement.

Canada-Korea Economic Growth and Prosperity ActGovernment Orders

September 30th, 2014 / 3:25 p.m.
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Conservative

Kellie Leitch Conservative Simcoe—Grey, ON

Mr. Speaker, evidence alone suggests that whether it be the export manufacturers here in Canada or the Canadian auto companies and their support for this free trade agreement, the total package of outcomes and tools for the Canada-Korea free trade agreement are as good if not better in many cases than those that have been negotiated with the EU and the United States.

This is good for Canadian auto manufacturers and for Canadians, because it means that we will be creating more Canadian jobs by exporting more cars.

Canada-Korea Economic Growth and Prosperity ActGovernment Orders

September 30th, 2014 / 3:30 p.m.
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Conservative

Mike Wallace Conservative Burlington, ON

Mr. Speaker, it is my pleasure to speak this afternoon to the trade agreement that we have been able to establish with our friends from South Korea.

First of all, let me give my congratulations to the Minister of International Trade for making this happen. The minister has been very busy on the international trade files and meeting with a number of countries, including Korea and our recent announcement of CETA. He is working very hard on other issues in the Asian market, such as a bilateral agreement with Japan. There is also the TPP, the trans-Pacific partnership, which is a larger trade pact where countries from Asia and in the Pacific are working very hard to put together an appropriate free trade zone so that countries like Canada can take advantage of those large markets for our goods and services. Right now, due to trade barriers, we have an issue accessing them.

We have to remember that Canada only has about 33 million people. The trade partners that we are after are much larger than Canada. Their markets are much larger than Canada's. It only makes sense that Canada would be a trading country. It started as a trading country, and it should continue that.

I would like to congratulate, under the leadership of our Prime Minister, our foreign affairs advocates, including the Minister of Foreign Affairs, the Minister of Industry and the Minister of International Trade, who all work together to try to promote opportunities for Canadian business in other areas of the world. We simply cannot survive on the Canadian market alone.

I have two stories that I would like to share. I am from Burlington, which is an urban riding. There is no one large employer. The largest employer in Burlington is a pork production facility. That is right. It is food processing. There are hogs that come in every day by the truckload and they are processed there. Its number one client in the past was South Korea, until South Korea signed a deal with the United States.

The deal had a significant impact on the ability of our Canadian companies, such as this one. It is owned by Canadians who own a number of food processing facilities across the country. They are the largest employer in Burlington, with about 800 or 600 people who work there now.

As a member of Parliament, the owners called me in. This was a number of years ago. They said that they were losing market share to their competitors because Canada was not at the table with a trade agreement with South Korea. This was not a secondary customer or a tertiary customer. South Korea was one of their primary customers. Some 90% of the product leaving this plant was for export, either to the United States or to Korea. The Korean deal with the United States had a major impact, not only on their bottom line but on our ability to maintain good-quality, high-paying jobs in Burlington.

With that information, I came back here and there was a discussion. I did what all of us on this side of the House would do. We are all free traders here on this side of the House. Being a Conservative means that we support free trade, and we make no apologies for that. We do not make excuses for that. We believe that free trade will create opportunities and employment for Canadians here at home for their products and services abroad, so I was very happy to find out that we were working hard on a South Korean deal and that things were progressing.

The largest employer within the boundaries of Burlington is this food production facility for pork production. However, in the riding next to me in Oakville is the head office for Ford Canada. I had a number of meetings with Ford Canada, which is an automotive producer with an excellent production facility here in Canada. The workers, bar none, are the best automotive workers available to Ford in North America.

Ford had some concerns about the South Korean deal. There was a tariff on the import of Korean vehicles of 6.1% or 6.2%. Ford was concerned that would give Korea somewhat of a market advantage. I was very clear with our friends at Ford, including the president for whom I have a tremendous amount of respect. I told the company that a Conservative government will continue to work on free trade agreements with key partners around the world because it is good for the overall economic business of this country. In my view, it is also good for Ford.

The automotive sector south of the border signed on to the deal. Things are a bit different south of the border. The tariff in the United States on Korean-made cars was slightly over 2%, which on a $30,000 car is not as significant as 6%. Ford felt the protective tariff that was there was not nearly as severe. However, tariffs on automobiles going into South Korea were around 8%. This deal will provide us with the opportunity to reduce tariffs on both sides. I have heard many times from previous questioners that there are non-tariff barriers to getting into those markets.

I have never been to South Korea but I have been to Japan numerous times. Based on the products that I have seen in Japan, we need to make vehicles that are designed for that marketplace to be successful and have access to that marketplace. North American manufacturers are getting there. They might be there already. It would be fair to say that before the recession, trucks and SUVs were not that popular in some Asian markets, including what I know of Japan.

That is why I wanted to talk about this today. We need to understand that our free trade agreement with South Korea is comprehensive. It will affect all marketplaces across this country. It will even affect small Burlington. It will have a huge impact on employment and our ability to trade.

Burlington has a close relationship with South Korea. A number of Canadians who fought for the freedom of South Korea live in Burlington. This past summer we unveiled a new naval monument on the lakefront to commemorate the activity of Canadian soldiers in the Korean War, particularly those in the navy. The HMCS Haida, which participated in that conflict, is in Hamilton. A lot of my constituents in Burlington served bravely for Canada in that conflict.

I am happy that we have been able to develop not only a diplomatic relationship with South Korea but a much closer economic relationship. I look forward to this trade agreement coming into force in the new year. It will benefit all communities across this country.

Canada-Korea Economic Growth and Prosperity ActGovernment Orders

September 30th, 2014 / 3:40 p.m.
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NDP

Linda Duncan NDP Edmonton Strathcona, AB

Mr. Speaker, under previous trade agreements, specifically NAFTA, there was a sidebar agreement on environment, the North American Agreement on Environmental Cooperation, and under that agreement the provinces could step forward and sign on. To its credit, my province of Alberta was the first to step up to the plate and then several other provinces stepped up to the plate. In the Canada-Korea agreement, annex 17-B, there is a provision that Canada shall use its best efforts to make this chapter applicable to as many provinces as possible.

My province and many provinces have established their own trade offices around the world. I am wondering if the member can speak to whether or not the Government of Canada has already put in motion dialogues with the provinces. If so, is it in negotiations with Alberta to sign on to this agreement?

Canada-Korea Economic Growth and Prosperity ActGovernment Orders

September 30th, 2014 / 3:40 p.m.
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Conservative

Mike Wallace Conservative Burlington, ON

Mr. Speaker, it is clear through this agreement, and others that we will be signing, about our relationship with the provinces. It is a mistake to consider that the federal government has a parental role with the provinces. They are well-established, independent governments and duly elected. This agreement and other agreements we have treat provinces as partners. As the agreement says in the section mentioned, we would work with our partners at the provincial level for them to enact the environmental protections that the member brought forward.