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 24th, 2014 / 4:20 p.m.
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Liberal

Scott Simms Liberal Bonavista—Gander—Grand Falls—Windsor, NL

Mr. Speaker, just for the record, this is the first free trade agreement the New Democrats actually stood and supported. The Jordan one, they did not stand to support. I guess it is complicit in what they were doing. Nevertheless, barring any confusion, yes, they are supporting it.

However, I want to get the member's impression on the shipbuilding industry. Some years ago, when there was first discussion about Korea, there was some concern about the shipbuilding industry itself. How does the member feel about that in this particular agreement? Is he okay with that? I will just leave it at that for now because I am sure there is a lot more to come.

Canada-Korea Economic Growth and Prosperity ActGovernment Orders

September 24th, 2014 / 4:20 p.m.
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NDP

Don Davies NDP Vancouver Kingsway, BC

Mr. Speaker, I appreciate the question from my hon. colleague from the Liberal Party because it gives me a chance to comment on the Liberal approach to trade. The Liberal trade critic said about CETA that the Liberals have been very happy to be supporting that agreement for all these years, and they look forward to the text being released so they can finally determine what it is they have been supporting. That is not a thoughtful approach to trade.

As well, I should correct my hon. friend. He knows full well that the New Democrats voted in favour of this, and often votes are taken in the House where some we stand for and some we do not, but we all know what the result of that is. The Liberal Party is an expert in opportunism so the Liberals should know what they are talking about.

In terms of shipbuilding, again I would encourage my hon. colleague and members of his party to read the agreement. They would know that shipbuilding is exempt from this agreement.

Canada-Korea Economic Growth and Prosperity ActGovernment Orders

September 24th, 2014 / 4:25 p.m.
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NDP

Robert Aubin NDP Trois-Rivières, QC

Mr. Speaker, I thank the member for Vancouver Kingsway very much for the tremendous job he does in studying bills. He helps me quite a bit with my analysis of the situation.

One of the things I learned in reading this free trade agreement was that there were a number of differences compared to the free trade agreement with China, for example. Although we had many concerns—well-founded ones, I think—about the agreement with China, those concerns seem to have disappeared for a number of the topics in the free trade agreement with Korea.

Are the Conservatives learning from their mistakes? Did they listen to the advice from our critic? How come this time we seem to have a better agreement?

Canada-Korea Economic Growth and Prosperity ActGovernment Orders

September 24th, 2014 / 4:25 p.m.
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NDP

Don Davies NDP Vancouver Kingsway, BC

Mr. Speaker, I cannot really speak about where the government gets its sources of information, but I will say that the Canada-China FIPA stands in stark contrast to the deal before the House. Many Canadians have serious concerns about this FIPA, not the least of which is that it provides for secretive tribunals to hold hearings behind closed doors on lawsuits filed by investors that will put taxpayers' liabilities in the billions of dollars, and which violate the Canadian concept of the rule of law. It is also undemocratic, and worse, the Canada-China deal will be in force for a minimum of 31 years. It is a bad deal and not a good example for Canada. I note that the Liberals support the Canada-China FIPA along with the Conservatives. Only the New Democrats have stood in the House with the Green Party and opposed the deal.

The agreement with Korea, in contrast, has guarantees of transparency in its investor-state provisions. The hearings must be open and the agreement is cancellable on six months' notice. All investments under that agreement would not fall under the ISDS provisions after the six-month period. So the New Democrats, when we are government in 2015, will be watching this agreement very carefully to make sure that the procedure is not abused, so that we can protect Canadian taxpayers.

Canada-Korea Economic Growth and Prosperity ActGovernment Orders

September 24th, 2014 / 4:25 p.m.
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Green

Elizabeth May Green Saanich—Gulf Islands, BC

Mr. Speaker, I am very grateful to you for allowing me an opportunity to ask a question of the hon. member for Vancouver Kingsway. It allows me to clarify that that the investor-state provisions in the treaty are not referenced in the bill before us. I apologize for confusion on that score.

Does the member for Vancouver Kingsway find it odd that here we are debating a bill, An Act to implement the Free Trade Agreement between Canada and the Republic of Korea, and never had an opportunity to examine the act to implement the Canada-China investment treaty, the FIPA that was referred to just moments ago, which was passed by order in council, with no opportunity for hearings before the trade committee, no opportunities for examination, and no vote in this place, but passed merely by the royal prerogative exercised by the Prime Minister and Privy Council? I personally find it deeply offensive that such is the case, as the member point out, with this much more dangerous agreement. I do not think the agreement with Korea, other than for the investor-state provisions, is a dangerous agreement. The agreement with the People's Republic of China is a dangerous agreement and we had no opportunity to debate it.

Canada-Korea Economic Growth and Prosperity ActGovernment Orders

September 24th, 2014 / 4:25 p.m.
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NDP

Don Davies NDP Vancouver Kingsway, BC

Mr. Speaker, I agree with my hon. colleague that it is regrettable and, in fact, wrong that the House did not have an opportunity to debate the Canada-China FIPA. Certainly the New Democrats brought forth a motion and devoted one of our opposition days to that very subject. We also moved motions before the trade committee to have that committee study it. Unfortunately, that was not accepted by the government. So the New Democrats have used every tool we have in the House to try to get a debate on that important deal.

We believe that all trade agreements, including FIPAs that govern investment, ought to be debated in the House. In the case of trade agreements, they usually require enabling legislation. That is why we are debating this, as these agreements must come before the House because they require legislative amendments. FIPAs often do not require legislative amendments, which is why cabinet has the ability to pass them. But as a matter of policy and good governance, both FIPAs and trade agreements should come before the House for thorough scrutiny and debate before Canada commits to them.

Canada-Korea Economic Growth and Prosperity ActGovernment Orders

September 24th, 2014 / 4:30 p.m.
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Liberal

Kevin Lamoureux Liberal Winnipeg North, MB

Mr. Speaker, we talk about international trade and the importance of free trade agreements. One of the things that is really important for us all to recognize is the overall trade surplus or deficit. We need to recognize that over the last five or six years, there has been a gigantic trade deficit created in Canada. Although it nice to see the trade agreements coming in, Canadians need to be concerned about the growing Conservative trade deficit that started under the current Prime Minister and continues to grow. We need to be concerned about that. Would the member not agree with that?

Canada-Korea Economic Growth and Prosperity ActGovernment Orders

September 24th, 2014 / 4:30 p.m.
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NDP

Don Davies NDP Vancouver Kingsway, BC

Mr. Speaker, I do agree with that. When the government took office in 2006, Canada had a current account surplus of about $18 billion, and today it has a current account deficit of some $64 billion. So there has been about an $80 billion swing to the negative since the government came to power. I think that is because the government has taken an ideological approach to trade. Conservatives will sign any trade agreement with anybody, regardless of the terms, without taking a strategic, thoughtful approach to trade policy. New Democrats believe that we should take a thoughtful strategic approach, with balanced trade agreements that will benefit the Canadian economy. New Democrats would support those agreements if they do, and will oppose them if they do not.

Canada-Korea Economic Growth and Prosperity ActGovernment Orders

September 24th, 2014 / 4:30 p.m.
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Liberal

Chrystia Freeland Liberal Toronto Centre, ON

Mr. Speaker, I am very pleased, on behalf of the Liberal Party, to support this deal. We are going to be voting in favour of it.

Canada is a trading nation. We understand that, as the 11th largest economy in the world, it is absolutely essential for Canada to be fully plugged into the global economy, and that means doing trade deals.

We are also very pleased that we finally have a deal with South Korea, an advanced and exciting democracy. It is a great country for us to be doing business with.

What I am going to be talking about first is Canada's position in trade, our views on what we should be doing and what we see going wrong. Then I will talk about this specific trade deal with Korea.

Starting with why trade is important and what Canada's current position is, trade has never been more important for Canada or any other western developed economy in this 21st century. We are living in the age of globalization and countries that do not figure out how to plug themselves into the global economy are going to fail. They are going to fail their citizens and, crucially, they are going to fail to deliver the kinds of middle-class jobs and middle-class incomes that are at the centre of the Liberal approach.

For Canada, exports account for about 30% of GDP, and one in five Canadian jobs right now is linked to exports. That is why this is such an important issue and why the Liberal Party stands so firmly in favour of free trade and an expanding Canadian trade relationship with the world.

What I am very sad to note, however, as my colleague from Winnipeg has already alluded to, is that right now Canada is falling behind in trade. We hear a lot of glowing rhetoric from the other side of the House, but the reality is that we are not doing well in trade, and all Canadians are hurting because of it.

The Liberal Party believes in listening to businesses and to the people who are out there building our economy. That is why we paid so much attention to and are so worried by a report that was published this year by the Canadian Chamber of Commerce. The title of this report alone should worry us all. It is called “Turning it Around: How to Restore Canada’s Trade Success” . That really tells us everything. We used to be doing better than we are doing today, even as the rest of the world is getting better at trade and better at export-led growth.

When we look inside the report, it gets worse. I would like to read parts of it because it really paints a worrying picture of what is happening right now in Canadian trade. This is what the Canadian Chamber of Commerce has to say:

...the increase in exports and outward investment has been slow in recent years, and diversification to emerging economies has been limited.

The Chamber of Commerce points out that Canada's falling behind its own lagging performance has come at precisely the time when the rest of the world has been surging forward. That is something we will see when we turn to speaking specifically about trade with Korea.

The Chamber of Commerce goes on to give some detail about what is happening. It says:

Despite more firms looking abroad, Canada is lagging its peers according to several measures. Over the past decade, the value of exports has increased at only a modest pace...This is despite significant price premiums received by Canadian producers of energy, mineral and agricultural commodities.

Now, here comes the crucial part. The Chamber of Commerce says:

If these price increases are excluded, the volume of merchandise exports shipped in 2012 was actually five per cent lower than in 2000 despite a 57 per cent increase in trade worldwide.

If we take out the growth in commodity prices, what we have seen is a 57% increase in trade worldwide over the past decade and Canada actually falling by 5%. We hear a lot of glowing rhetoric about trade performance. We have a lot of photo ops of trade deals signed. However, the reality is that the numbers reflect a Canadian economy that is performing more poorly in exports. This is also seen in the numbers my colleague referred to in mentioning the swing from a trade surplus to a trade deficit. Exports are an area that we believe is essential to driving growth and producing middle-class jobs. Economists agree with us.

This is a real problem. It is a huge issue for Canada. It is a huge issue for all middle-class Canadians.

Let us turn specifically to Korea. As I said, the Liberal Party is pleased and proud to support a free trade deal with South Korea. However, we have a real problem with the timing of this deal. The problem is that it has come too late. That lag has done real and quantifiable damage to the Canadian economy and to Canadian exporters.

In describing his pride in having secured this deal, the minister spoke earlier today about how this deal will “restore a level playing field”. He also said, “our fiercest competitors...are already benefiting from their own preferential access”. That is sadly true but not something to be proud of. We should be ashamed and sorry that our fiercest competitors are enjoying preferential access and that it has taken us so long to get this deal done.

The United States has already done a deal with South Korea, which was ratified by the U.S. Congress in October 2011. As far as I know, the current Canadian government was in office then. That agreement went into effect in March 2012. Again, the government was in office. We did not have a deal then and that hurt Canadian exporters, who were put at a disadvantage relative to U.S. exporters.

A deal with the EU has provisionally been in force since July 2011. Again, the current government was in office. It allowed a huge trading bloc to do a deal with South Korea, which really did serious damage to Canadian exporters.

Australia is smaller than us. One would think it would have less leverage, yet it has already done a deal. It did its deal in April 2014.

This has done real quantifiable damage to the Canadian economy and to Canadian exporters. We have lost 30% market share. The minister himself pointed out that our fiercest competitors already enjoy preferential access. They have used it and the loss to Canadian exporters is quantified at some $1 billion. That is serious damage to the economy.

While we are pleased and proud to vote for this deal now, our question is this. Why was it not done sooner and why did the government allow Canada to lose $1 billion? We could do a lot of good in this economy with another billion dollars.

The minister also spoke about how he is proud of this deal and how it is important because it will provide an essential foothold in Asia. That is a lot of boggle. We think it is very important now for Canada in its trading relationships to move to deal with the fast growing, emerging markets in Asia. However, we are gravely concerned that with the poor performance we have seen in Canada's trade negotiations with Korea, where I underscore we have lagged behind the U.S., the EU, and Australia, all of whom are our competitors and peers, we could see a similar lost opportunity in the absolutely crucial trans-Pacific partnership talks. Canada joined those talks late. They started in 2008. Again, the members on the other side of the House were in government. Canada was not at the table. Canada did not join in until June 2012. If we get to the party late, we have to deal with terms that are not of our own making, and so we start at a disadvantage.

The Liberal Party would like to assure Canadians, and also our friends on the other side of the House, that we will be watching Canada's performance in those negotiations closely. There is already some talk that Canada, in multilateral arenas of all kinds, is not seen as the most valued, the most co-operative, partner. Therefore, we will be watching closely.

I would like to assure our partners in the TPP talks and the Canadians who are so eager for that deal to get done that if the members on the other side of the House do not manage to get it done in the next 12 months or so, it will be a priority for us and we will get that deal done.

What is also essential for us to focus on, and where we would like to see much more performance, is a wider understanding of the other emerging markets that we should be going after.

We are glad to support the Korean deal, which we do without reservation, but the sad history of this deal is that because we started late and did the deal late, Canadian companies have suffered. Making up that 30% lag, that 30% loss, will require a lot of hard work by our companies. They are coming from behind.

We want to ensure that does not happen again. We would like to see the government much more aggressively pursue trade deals with other fast-growing emerging markets around the world; particularly, in Africa. That is a part of the world that is full of opportunity for Canada, for Canadian companies, and where a trading relationship can do a lot of good.

I would also like to see much more action from the government in an area where we see very strong rhetoric but, sadly, not always the action to match; that is, our relationship with Ukraine.

Most of us here were proud to be in this House when President Petro Poroshenko spoke to us and talked about how proud he is of the Canadian relationship with Ukraine. He also invited us to quickly conclude a free trade agreement with Ukraine.

Again here, I am sad to say, Canada is falling behind. Europe signed a trade deal with Ukraine last Tuesday. We like to call ourselves, Canada, Ukraine's best friend. Where are we on that file? It is time, really, for us to act. The message is the same. The rhetoric is okay. We really want to see action. We will strongly support and work with the government on a deal with Ukraine. That is something, surely, we can get some cross-party support on and act quickly and get it done.

We are very happy to support this deal. We think a free trade agreement with Korea is important. We understand the absolute importance of free trade for Canada.

We would like to see the government do a better job of actually focusing on the results. It is really important.

We have spoken in this debate already of the swing we have had from trade surplus to trade deficit. That is not a good report card for the Canadian export sector. That is the number we have to look at and we really have to focus on. A big part of the problem is that we are coming late to these trade deals.

I want to remind this House that the United States Congress ratified its deal with Korea in October 2011. It went into effect in March 2012.

The EU agreement has been in force since July 2011.

Again, even in Australia, which is smaller than we are, their agreement was signed on April 2014.

So, it is great that we are doing this deal with a strong democratic country in Asia. It is great for our exporters to now have access to those essential Asian economies. However, we really need to underscore, even as we support this deal, that it should have been done more quickly and that our exporters have suffered. They have lost $1 billion. They have lost about 30% of their market because, again, as the minister himself said, our fiercest competitors are already enjoying preferential access.

Nonetheless, it is better late than never. We are pleased to be supporting this deal. Korea is already our seventh-largest merchandise trading partner. It is a democracy. There are a lot of exciting technologies there. It is a great match for us.

We have heard particular enthusiasm from agriculture food producers, from the aerospace industry, and from spirits industries. We are hopeful that, thanks to this agreement, those Canadian exporters who lost out because their competitors enjoyed preferential access, while they did not, will be able to make up some of those gains.

We are going to be supporting them in that effort. We are glad that we finally have a deal that will allow them to do that.

However, again, we must not lose sight, even as we back this deal, of the fact that it has taken a long time to get there and that, going forward, it is really essential for Canada to not be following in the wake of the U.S., the EU, and Australia when it comes to doing trade agreements with emerging markets.

It is really important for us to be in the lead. When one is first at the table, one gets the best deal—and not only does the country get the best deal, but its businesses get the best deal. It can be very hard to unseat a competitor who gets in first because he or she enjoyed preferential access because his or her government was more on the ball.

On TPP, it is going to be really important for Canada to shift from this hostility, this sort of go-it-alone bullying approach that has characterized our attitude in multilateral organizations of late. This is a really important deal, and with this opening up of the Asian markets, about which we have spoken so much today, and of which we hope the Korean deal will be a harbinger, TPP is going to be where the rubber meets the road on that. It is an essential opening to Asia.

We understand the need for some closed-door negotiations in trade agreements. We get that. These are very complicated. TPP is particularly complicated because so many parties are at the table. However, it is important to note that we have started those negotiations at a disadvantage. We did not get there until 2012. Everyone else, apart from Mexico, was there from 2008. We had to agree to accept some of the terms that had already been laid out without us there.

It is really important that we play ball now, that we are involved and seen as productive partners. It can sometimes be appealing, and maybe make a testosterone-type person feel particularly good, to use harsh, bullying, tough-guy rhetoric when talking, perhaps in the House. However, we are only the world's 11th largest economy, and when it comes to trade negotiations we have to be co-operative and collaborative and earn the trust of our partners. I would strongly urge the members on the other side of the House to take that kind of approach—dare I call it a small l liberal approach?—when they sit down at the table at the TPP negotiations. This is really essential for the future of Canada's export economy. If the Conservatives want some tips on how to do that, we are happy to talk.

In closing, we do support the deal. South Korea is a powerful economy. It is a democracy. It is a great place for our Canadian companies to be doing business. We regret the fact that we have lost 30% of market share due to the slowness of the agreement being done. However, we are confident that the House will support the deal and that Canadian companies are strong enough to bounce back.

Canada-Korea Economic Growth and Prosperity ActGovernment Orders

September 24th, 2014 / 4:45 p.m.
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Durham Ontario

Conservative

Erin O'Toole ConservativeParliamentary Secretary to the Minister of International Trade

Mr. Speaker, I would like to thank the member for Toronto Centre for her remarks, but what I find stunning is that her passion for trade is bubbling over here today, yet the Liberal trade critic has yet to join the trade committee. In fact, the strategy she talks about, of emerging markets like Africa and all these sorts of things, were discussed for weeks at the trade committee when all parties in the House discussed the global markets action plan, where we talked about this strategy. I would urge the member to consider actually attending the committee of which she is the critic, to talk about these ideas in more detail.

I would also note, from her remarks, that Australia's deal with South Korea has not been ratified. In fact, we have the opportunity to be pretty much almost at the same time as Australia.

In terms of her enthusiasm, I appreciate that. Perhaps she would find her home better on this side of the House, because historically, if we look at market access for Canadian companies, we see that 98% of market access has been secured through Conservative government free trade deals.

My question relates more to her continued reference to TPP. We are at the table with TPP, which has a potential market of 700 million consumers, but this is about making decisions. Our side has supported long-standing commitment to supply management. One of the leadership contenders for her party suggested that supply management should be tossed aside to get a TPP deal done. Does the hon. member take that same position?

Canada-Korea Economic Growth and Prosperity ActGovernment Orders

September 24th, 2014 / 4:50 p.m.
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Liberal

Chrystia Freeland Liberal Toronto Centre, ON

Mr. Speaker, I will go through the member's comments one by one.

First, on the facts with respect to Australia. The negotiations started in 2009 and the agreement was signed in April 2014, which is what I said. It was tabled in the Australian parliament in May 2014. Australia signed the deal before we did. Again, we have to get better at this.

I am rather touched by the hon. member and his colleagues' interest in the Liberal Party's allocation of the valuable time of our MPs and who sits on which committee. I am proud to work with my skilled and knowledgeable colleague from Saint-Léonard—Saint-Michel, who represents us effectively on the trade committee.

As far as I know, a majority government has a lot of prerogatives, but it does not get to decide how opposition members spend their time and which committees they formally sit on. I do really want to clarify this. I want to be clear that I do not sit on that committee for the Liberal Party, and so to allege that I am absent and not performing a duty that I am obliged to perform is not correct. I want to be able to say that in this House. That is very important—

Canada-Korea Economic Growth and Prosperity ActGovernment Orders

September 24th, 2014 / 4:50 p.m.
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Conservative

The Acting Speaker Conservative Bruce Stanton

Order, please. The hon. member might have the opportunity on some of the other comments and questions to continue with that.

Questions and comments. The hon. member for Vancouver Kingsway.

Canada-Korea Economic Growth and Prosperity ActGovernment Orders

September 24th, 2014 / 4:50 p.m.
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NDP

Don Davies NDP Vancouver Kingsway, BC

Mr. Speaker, when speaking about the Canada-EU trade agreement, the Liberal trade critic said:

We have been supportive of the deal from the start. It’s important to say this is a great step, but also we really need to start seeing some details. At some point though we need to see what it is we’re actually supporting.

It begs this question. Why is it that the Liberals are willing to support trade deals before they even read them or see the details?

My question is about democracy. My hon. colleague mentioned favourably that Korea is a democracy, yet the Liberals supported a free trade agreement with Honduras, where the democratically elected government was overthrown by a coup, where journalists are regularly killed, where the LGBT community is persecuted, and where human rights are brazenly violated. They also supported the China FIPA, which has all sorts of problems in many other respects as well.

I am just wondering if my hon. colleague could name a single country with which the Liberals would not support signing a trade agreement.

Canada-Korea Economic Growth and Prosperity ActGovernment Orders

September 24th, 2014 / 4:50 p.m.
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Liberal

Chrystia Freeland Liberal Toronto Centre, ON

Mr. Speaker, on CETA, we in the Liberal Party are adults and we understand and respect the fact that, if trade agreements are going to be done, they need to be done behind closed doors. That is particularly true when it is a complicated agreement, as it necessarily is with the 27-member-state European Union. We get that. From the start we have been supportive of CETA in principle, and I am proud that we have been.

We support free trade. For our government negotiators to go to the table being able to say they have cross-party support is effective and important for Canada.

Equally, we appreciate the reality that we are only able to evaluate an agreement in sum when we see what negotiators have come up with. Trade is like a Rubik's cube; each piece is dependent on the whole. We can only evaluate it definitively when we see the details, and that was the point.

I would be happy to talk about Honduras, but I see the Speaker is telling me to sit down, so I will.

Canada-Korea Economic Growth and Prosperity ActGovernment Orders

September 24th, 2014 / 4:55 p.m.
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Liberal

Kevin Lamoureux Liberal Winnipeg North, MB

Mr. Speaker, the member talked briefly in her opening remarks with respect to the bill about the importance of having an overall balance to trade, where Canada has fallen short in recent years.

Maybe she could give her perspective or provide a bit more clarity on how important a surplus in trade is and that it ultimately equates to more jobs for Canadians, which helps our middle class.