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 / 4:55 p.m.
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Liberal

Chrystia Freeland Liberal Toronto Centre, ON

Mr. Speaker, the member for Winnipeg North is legendary in the House for his ability to talk about anything and to know about everything, and I salute him for that.

When it comes to trade, our issue is this. We are firmly pro-free trade, and we hear that rhetoric coming from the other side of the House. It is one thing to have bold ambitions, but those ambitions have to be matched with actual performance.

It is not just our party that is concerned about this. The Canadian Chamber of Commerce, the respected voice of business, is also really concerned. We are seeing the reality, which is that Canadian trade and export performance is falling behind. That is a real problem for the 11th-size economy in a globalized world economy, and it is part of the reason why our middle class is falling behind.

Canada-Korea Economic Growth and Prosperity ActGovernment Orders

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

Paulina Ayala NDP Honoré-Mercier, QC

Mr. Speaker, I am seeing more and more cars coming from South Korea. Even my brother bought one and it was cheaper. I am therefore concerned about this.

What is the Liberal Party's plan to protect the great work that is being done by the people in Canada's automobile industry? What will the Liberal Party do to make sure these people continue to have jobs? Do the Liberals have a plan for that?

Canada-Korea Economic Growth and Prosperity ActGovernment Orders

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

Chrystia Freeland Liberal Toronto Centre, ON

Mr. Speaker, I would like to thank my colleague for her question. I will not try to answer her in French right now, but maybe next month. It is very important to me.

It is absolutely true that Korean cars are present in the Canadian market, that South Korea currently exports a lot more cars to Canada than the other way around and that there have been some concerns around it.

The reality, though, is the Canadian car export market in South Korea right now is relatively small and the match of Canadian manufactured vehicles that would suit the needs of Korean consumers is really small.

Canada-Korea Economic Growth and Prosperity ActGovernment Orders

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

Elizabeth May Green Saanich—Gulf Islands, BC

Mr. Speaker, I am slightly off the topic of the Canada-Korea agreement, but I am looking forward to a response from my hon. colleague from Toronto Centre because she made some very important observations about balance of trade issues in the situation with Canadian exporters.

I wonder what the position is of the Liberal Party on the fact that exports from Canada have tilted rather toward raw resource exports and away from manufacturing and value added. My own analysis of the economics of the situation is that we have actually undermined our productivity in doing this because we know the manufacturing sector has a lot more innovation and a lot more R and D than the raw resource sector.

Has she any comment on whether our economy would be healthier if we did more value added prior to export?

Canada-Korea Economic Growth and Prosperity ActGovernment Orders

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

Chrystia Freeland Liberal Toronto Centre, ON

Mr. Speaker, I absolutely agree with the hon. member for Saanich—Gulf Islands. Part of the reason we are seeing this view, and I emphasize this because it is really important, coming from the business community, among others, that Canada's export performance is falling behind is because of this balance.

We do not need to shrink from the fact that we are a powerful commodity producer. That is a great thing, but that cannot be the only leg on which our economy stands, particularly because our economic performance has been flattered by high commodity prices, which we cannot count on lasting forever.

In building a stronger export-driven Canadian economy, we have to work harder to be sure that value-added exports are a big part of it, including really high-valued manufacturers.

Canada-Korea Economic Growth and Prosperity ActGovernment Orders

September 24th, 2014 / 5 p.m.
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NDP

Laurin Liu NDP Rivière-des-Mille-Îles, QC

Mr. Speaker, I am very pleased to rise in the House to speak to Bill C-41, An Act to implement the Free Trade Agreement between Canada and the Republic of Korea. I will be sharing my time with the hon. member for Dartmouth—Cole Harbour.

I am very pleased to speak to this bill, especially as a member of the Standing Committee on International Trade. I had the opportunity to work with the hon. member for Vancouver Kingsway, our international trade critic, who did a great deal of work on this file. He consulted the stakeholders and did an excellent job on Bill C-41.

The NDP uses three criteria to assess free trade agreements. We assess such agreements on an individual basis. In other words, we do our homework on every free trade agreement. The first criterion is respect for democracy, human rights and environmental standards. Free trade agreements must be negotiated with countries that have high standards in these three areas or are in the process of achieving these objectives.

The second criterion for reviewing these free trade agreements has to do with the trading partner's economy. Is the economy of the proposed partner of significant or strategic value to Canada? Third, the terms of the proposed agreement have to be satisfactory.

Unlike the Liberal Party, which is ready to support free trade agreements without even reading them, the NDP feels it is important to read free trade agreements before taking a position on them. Having studied the free trade agreement with South Korea, we are proud to support Bill C-41 because the agreement fulfills those three criteria. South Korea is a democratic country with very high environmental standards that is of significant strategic value to Canada.

I would like to talk about South Korea's profile and our trade relationship with that country. South Korea is a world leader in environmental policy. Over the past few years, it has invested billions of dollars in an ambitious green growth strategy designed to improve energy efficiency and stimulate green and renewable technology. The Conservative government would do well to follow this innovative country's example.

South Korea also clearly complies with high environmental and labour standards and shares the Canadian values of human rights and democracy. Since South Korea has become a world leader in renewable energy and green technology, Canada can take advantage of this free trade agreement to boost trade in these important sectors.

South Korea is Canada's seventh-largest trading partner and the third-largest economy in Asia after China and Japan. Businesses in my riding of Rivière-des-Mille-Îles will also support a broader free trade relationship with South Korea.

In 2013, Canadian exports to South Korea were valued at $3.4 billion, while South Korean exports to Canada were worth $7.3 billion.

I would like to talk a little about my riding and the economic sectors that are crucial to the economy of Rivière-des-Mille-Îles, which is in the Lower Laurentians. As many people know, my riding is home to a number of world-class small and medium-sized businesses in the aerospace industry. Examples of those businesses include Patt Technologies and Metcor in Saint-Eustache, as well as DCM Aerospace and TMH Canada in Boisbriand. I am proud to say that there are 20 companies and 4,000 employees working in the aerospace sector in my riding.

I therefore welcome the measures in this free trade agreement that will boost this sector, which is so important to the Montreal region. The Canada-Korea free trade agreement will create more opportunities to access markets in the aerospace industry. In fact, as soon as this agreement enters into force, 100% of tariff lines will be duty free. Current duties can be as high as 8%. This, then, is great news for the aerospace sector.

I would like to quote a stakeholder in that industry. Jim Quick, the president and CEO of the Aerospace Industries Association of Canada, said:

Our industry depends on exports and access to international markets to remain competitive and continue creating jobs and revenues here at home. This agreement is imperative to restoring a level playing field for Canadian firms in the South Korean market, which is especially important given the considerable growth the aerospace industry will see in the Asia-Pacific region in coming years.

Clearly, the gains for this important economic sector have been thoroughly studied, and I support the measures in this free trade agreement.

Another sector that could also benefit from this free trade agreement is the wine and spirits industry. As I tell everyone who visits my beautiful riding, Rivière-des-Mille-Îles, we are home to the largest red wine producers in Quebec, and I am very proud to say so. In the Canada-Korea free trade agreement, tariffs on ice wine, which are currently 15%, will disappear. This is definitely good news for Quebec's wine producers.

As I have little time remaining for my speech, I would like to speak briefly about the part of this free trade agreement that concerns investor-state disputes. There is a caveat with respect to the NDP's support for this bill. An NDP government would not have included this type of dispute settlement mechanism in a free trade agreement with Korea. Canada and Korea are both democratic countries with strong justice systems. It should be noted that Korea's main opposition party is also opposed to this mechanism. An NDP government would negotiate with South Korea in order to drop this part of the agreement.

Fortunately, unlike the Canada-China investment agreement, this agreement is not binding on the government for 31 years and can be renegotiated or terminated with six months' notice. That is good news.

I welcome questions from my hon. colleagues. I would like to say once again that I support Bill C-41.

Canada-Korea Economic Growth and Prosperity ActGovernment Orders

September 24th, 2014 / 5:10 p.m.
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Conservative

Leon Benoit Conservative Vegreville—Wainwright, AB

Mr. Speaker, I must say it is a refreshing change for members of the New Democratic Party to support a trade deal. This is the first time in all the years I have been here, in fact, that the New Democrats have supported any of the trade deals that have been signed.

However, richer than that was the former speaker, the member of the Liberal Party, who stood up and had the gall to ask why this deal was not done sooner. Her party was 13 years in government, and what trade deals did it sign? I think it was three, with Costa Rica and Panama. The Liberals just did not do the job. That is clear.

She had the gall to do that, and it surprised me. At least this member is finally changing her ways, and I want to commend her for doing that.

I would ask this question: why have the New Democrats finally seen the light on trade? Why do they finally see it as something that is important to the Canadian economy and to jobs?

Canada-Korea Economic Growth and Prosperity ActGovernment Orders

September 24th, 2014 / 5:10 p.m.
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NDP

Laurin Liu NDP Rivière-des-Mille-Îles, QC

Mr. Speaker, I would like to thank my colleague for his question.

I have had the opportunity to work with him on different parliamentary committees. He must have been absent quite a bit since being elected because the NDP has supported a number of free trade agreements with other countries.

I would like to speak about our record. We opposed the Canada-Colombia free trade agreement. However, the NDP rose in the House to support the Canada-Jordan free trade agreement in March 2012, when my colleague was an MP. Jordan is a democratic country of strategic value to Canada. The NDP will also support the South Korea free trade agreement.

It is not true that we oppose all free trade agreements. Unfortunately, this Conservative government focuses too much on agreements with countries such as Honduras, an undemocratic country of no value to Canada.

Canada-Korea Economic Growth and Prosperity ActGovernment Orders

September 24th, 2014 / 5:10 p.m.
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Liberal

Kevin Lamoureux Liberal Winnipeg North, MB

Mr. Speaker, for Canadians who might be watching, the New Democrats are being a bit deceiving here. Technically, this will hopefully be the first agreement for which the New Democrats will stand in their place and vote. People and viewers should be aware of the fact that the New Democrats have never stood in their place and actually voted in favour of a free trade agreement.

Having said that, I want to question the comment from the Conservative member.

He talked about the Korea deal. We need to recognize that Korea itself began the process in 2003 and that Paul Martin initiated Canada's interest in 2004. That is pretty rapid. It seems to me that the slowness crept in when the new Prime Minister, the current Prime Minister, took office.

I wonder if the member might want to provide some comment in terms of the opportunities lost because the current Prime Minister was asleep at the switch, which has ultimately cost Canadians jobs.

Canada-Korea Economic Growth and Prosperity ActGovernment Orders

September 24th, 2014 / 5:10 p.m.
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NDP

Laurin Liu NDP Rivière-des-Mille-Îles, QC

Mr. Speaker, I think that the Liberal members need to stop toeing the party line.

In March 2012, the NDP rose in the House to vote in favour of the Canada-Jordan free trade agreement. I imagine that the Liberal member was unfortunately not there that day either.

I also want to point out that the Liberals supported the Canada-Honduras free trade agreement. Honduras is a country where the government was recently overturned in a coup d'état and journalists are regularly murdered.

Is there a free trade agreement that the Liberal Party will not support?

Canada-Korea Economic Growth and Prosperity ActGovernment Orders

September 24th, 2014 / 5:10 p.m.
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NDP

Robert Chisholm NDP Dartmouth—Cole Harbour, NS

Mr. Speaker, like my colleagues, I am very pleased to stand in the House and speak about Bill C-41, an act to implement the free trade agreement between Canada and the Republic of Korea.

Let me start by saying how pleased and proud I am of my colleague, our trade critic, the member of Parliament for Vancouver Kingsway. He has been on this file for a couple of years now, and he has done a masterful job of carrying forward with the New Democratic Party vision on trade.

The member has analyzed any agreements that have been made public, which, by any stretch of the imagination, are few and far between. That member has done a great job, not only in examining and analyzing any details that we do find out, but also in speaking with people involved in trade from one end of this country to the other and around the world to help develop our policy.

New Democrats want a strategic trade policy whereby we restart multilateral negotiations and sign trade deals both with developed countries that have high standards and with developing countries that are on progressive trajectories. Countries such as Japan, India, Brazil, and South Africa are examples.

The precise terms of this agreement are perhaps not what we would have negotiated, but it is fair to say that we think that—surprise, surprise—it is not a bad deal on balance. We have some concerns about the agreement, but it is a deal that we think deserves to be supported.

Unlike the Canada-China FIPA, this agreement does not tie the government's hands for 31 years. It is unlike CETA, in which the investor state dispute settlement mechanism chapter would continue to apply for 20 years after cancellation of the deal. Under the Korea free trade agreement, it can be fully cancelled after six months.

It is important that members of this House, particularly the Liberal members, understand that it is important to make sure people use their heads when they are negotiating any deal and make sure that they understand what is contained within that deal.

As I said when I started out, we certainly support the idea of trade, but we need to think about it in a responsible manner. We need to approach it in a common sense fashion, as any democratic government would, to make sure it is in the best interests of the people of our country. For example, we need to make sure we do not make deals that tie the hands of sub-national governments, as happens with investor state dispute mechanism provisions.

We need to understand that we are a democracy, that we uphold democratic principles in this country, and that we are not going to give up those principles. We are not going to give up the rights of citizens and governments to make decisions over purchasing and over matters that are determined through democratic process. We are not going to cede those rights to corporations, either here or elsewhere.

What do we want? New Democrats want to deepen Canada's trade linkages with the Asia-Pacific region, something that we recognize is essential to maintaining Canadian prosperity in the 21st century.

We want the government to do more to support our automotive industry, for example. We understand that there are some concerns about the impact that reducing the 6.5% tariff will have on the automotive sector. We have to recognize that the automotive sector is under increasing global pressure as a result of competition, so the government should be participating actively with the automotive sector to make sure that it is providing the supports necessary to maintain a vital and vibrant industry that provides a lot of family-sustaining jobs.

We support breaking down trade barriers, but we believe that government should provide the support the Canadian industry needs to remain competitive in a more open world. We agree with the various organizations and individuals who say that governments need to do more than simply sign trade agreements. They must do more to promote Canadian exports, attract investments, and help Canadian companies penetrate the South Korean and other Asian markets.

Finally, we want a strategic trade policy, as I said earlier, whereby we have multilateral negotiations and sign trade deals with developed countries that have high standards and with developing countries that are on a progressive trajectory.

What do we have here, then?

As has been explained by my colleague, our trade critic, we have three main criteria for trade agreements that we look to in evaluating them.

First, is the proposed partner one that respects democracy, human rights, adequate environmental and labour standards, and Canadian values? I would suggest that South Korea is such a country.

Since South Korea emerged from a dictatorship in 1987, it transitioned into a vibrant, multi-party democracy with an active trade union movement, relatively high wages, a diverse civil society, and freedom of expression. In fact, in recent years, we could learn a great deal from a country like South Korea. It has invested billions in an ambitious green growth strategy aimed at improving energy efficiency as well as boosting renewables and green technology. It clearly respects high environmental and labour standards and it shares our values of human rights and democracy.

Second, is the proposed partner's economy of significant or strategic value to Canada? I would suggest that again South Korea passes the test.

South Korea is Canada's seventh most important trading partner and third in Asia, behind the two largest economies, China and Japan. In 2013, Canadian exports to South Korea totalled $3.4 billion, while Korean exports to Canada totalled $7.3 billion. We export the same amount to South Korea as we export to France and Germany. We import the same amount as we do from the U.K. This is Canada's first trade agreement with an Asian country, and it provides an opportunity to take advantage of the Pacific region, which is extremely important.

Third, are the terms of the proposed deal satisfactory? Again I suggest that in this case they are satisfactory.

With regard to jobs, the agreement will create a level playing field for Canadian companies and workers exporting to South Korea.

In agriculture, the free trade deal is essential. Canada has suffered significant losses in market share for Canadian agricultural exports to Korea following the implementation of the Korea-U.S. FTA.

In the aerospace sector, there is general support for a Korean FTA among manufacturing sectors, notably from Bombardier and from aerospace industry associations. The deal will gradually remove 100% of industrial tariffs, with an estimated value of $1.9 trillion in business to be generated by this sector of the economy.

With regard to seafood, there is a 47% tariff on Canadian exports to Korea. It will be eliminated. It is a big deal for seafood exporters in my community on the east coast and for exporters on the west coast as well.

With forestry and wood products, it is the same thing. This is a good deal.

However, I mentioned that there are concerns about the impact this deal may have on the auto sector. We are calling on the government to pay attention to those concerns. They are very legitimate, and we want the federal government to do more to support the auto industry in Canada.

We will propose solid, effective policy measures to strengthen the Canadian auto sector. It is a move that needs to happen, so I would indicate that to members.

We are using our heads when it comes to analyzing the trade deal. In this case, we give a thumbs-up.

Canada-Korea Economic Growth and Prosperity ActGovernment Orders

September 24th, 2014 / 5:25 p.m.
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Conservative

The Acting Speaker Conservative Bruce Stanton

Before we go to questions and comments, I see that the hon. government House leader is rising on a point of order.

Bill C-41—Notice of time allocation motionCanada-Korea Economic Growth and Prosperity ActGovernment Orders

September 24th, 2014 / 5:25 p.m.
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York—Simcoe Ontario

Conservative

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

Mr. Speaker, I want to advise the House that agreements have not been reached under the provisions of Standing Orders 78(1) and 78(2) concerning the proceedings at the second reading stage of Bill C-41, an act to implement the free trade agreement between Canada and the Republic of Korea.

Under the provisions of Standing Order 78(3), I give notice that a minister of the Crown will propose at the next sitting a motion to allot a specific number of days or hours for the consideration and disposal of proceedings at the said stage.

The House resumed consideration of the motion that Bill C-41, An Act to implement the Free Trade Agreement between Canada and the Republic of Korea, be read the second time and referred to a committee.

Canada-Korea Economic Growth and Prosperity ActGovernment Orders

September 24th, 2014 / 5:25 p.m.
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Green

Elizabeth May Green Saanich—Gulf Islands, BC

Mr. Speaker, I am a little confused about the question on the investor state provisions in the Canada-Korea free trade agreement. I agreed with my hon. colleague when he said that these agreements by definition would give corporations the ability to sue Canada in arbitrations. They would allow them to sue for damages, for bills and for laws that are passed municipally, provincially or federally. It is anti-democratic.

I do understand that the trade critic for the official opposition, the hon. member for Vancouver Kingsway, feels that this investor state agreement is acceptable because there is a level of transparency in the six month opt-out clause, but in principle, it would do the same thing that the hon. member for Dartmouth—Cole Harbour finds objectionable.

I wonder if he is not troubled that we would pass any further bilateral trade agreements that would create these additional powers for foreign corporations.