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 25th, 2014 / 4:50 p.m.
See context

Conservative

Harold Albrecht Conservative Kitchener—Conestoga, ON

Mr. Speaker, I wish to inform you that I will be sharing my time with the member for Don Valley East.

Mr. Speaker, our Conservative government's top priority is jobs, growth, and long-term prosperity for all Canadians. That is why we are working hard to open new markets to increase Canadian exports and investments in the world's most dynamic and fast-growing economies. This includes South Korea, an increasingly important country that is both a priority market and a natural partner for Canada.

The Canada-Korea free trade agreement, Canada's first bilateral trade agreement with an Asian market, is projected to create thousands of jobs for Canadians by increasing Canada's GDP by $1.7 billion annually and our exports by about one-third over current levels.

The agreement is critical to re-establishing a level playing field for Canadian companies in the South Korean market, where major foreign competitors from the U.S. and the European Union currently benefit from preferential access because of their respective free trade agreements with South Korea.

The focus of my remarks today will be on the centrepiece of the agreement: the elimination of tariffs on virtually all trade between Canada and South Korea. Over 88% of Canada's exports would be duty free immediately and over 99% would be duty free once the agreement is fully implemented.

The potential benefits from such a huge amount of Canadian exports becoming duty free is why we need this agreement urgently. We need to restore our competitive position in the South Korean market, as I noted earlier.

The previous government ignored trade. While this Conservative government has been ambitious on behalf of Canadians, the Liberals offered only complacency. While the rest of the world moved forward, Liberals held Canadian enterprise back through their inattention, inaction, and incompetence.

Fortunately, Canadians have, for almost nine years now, chosen to have steadier, more visionary hands at the helm. We are, under this Prime Minister's leadership, repairing the damage from 13 years of neglect.

Over time, this agreement would result in the elimination of all South Korean tariffs on industrial goods, forestry and value-added wood products, and fish and seafood products. This is great news for workers in B.C., Quebec, Atlantic Canada, and my home province of Ontario, which needs every bit of good news on the economic front that it can find right now.

It would also eliminate the vast majority of South Korea's agricultural tariffs, including in priority areas for Canada, such as beef, pork, grains, pulses, oilseeds, vegetable oil, and processed foods. This would lead to substantial gains in these sectors, given that these are the areas most heavily protected in South Korea.

Allow me to go into detail on how tariff elimination would benefit Canadian exporters and workers in these industries and benefit the communities that depend upon them.

In 2012, 1.8 million Canadians were employed in the production and manufacture of industrial materials, which would include aerospace and rail goods, automobiles, information technology products, metals and minerals, chemicals, and pharmaceuticals. If there is something that can be manufactured, chances are a Canadian is either producing it or working on ways to improve it.

With this agreement, over 96% of Canadian exports of industrial goods would be duty free immediately, more than 99% within five years, and the rest within 10 years.

I want to note the excellent results of particular interest and importance to Canadian exporters in such diverse fields as information and communications technology, aerospace, and rail goods. These are sectors in which South Korean tariffs would be eliminated immediately, creating new opportunities for companies in these sectors to expand their international business while at the same time creating jobs here at home. In the case of aerospace, over 80% of the sector's output is exported. This sector provides direct and indirect employment to 170,000 Canadians.

As well, there are very positive outcomes in the industrial machinery, chemicals, plastics, metals and minerals, pharmaceuticals, and textiles and apparel sectors, where most South Korean tariffs would be eliminated immediately and the rest within five years.

This would mean reduced barriers for these products in South Korea and an improved competitive position for Canadian exports. This is critical to industries such as chemicals and plastics, which export over half of their production abroad.

I would also note that South Korea is one of the world's largest energy importers, and Canada, of course, is a large and stable supplier.

While Canada does not currently export liquefied natural gas to South Korea, this agreement will result in the immediate elimination of South Korea's 3% tariff on LNG, thereby enhancing the prospects for energy exports to Asia from Canada's west coast.

I will now move on to forestry and value-added wood products, another industry that contributes substantially to Canada's economy. Under the CKFTA, 85% of our exports to South Korea would be duty free immediately, including pulp, paper, and some lumber products. Within three years of implementation, 98% of our exports in this sector will be duty free, and the rest will be duty free within five to 10 years. This will help our industry to diversify into Asian markets and to reduce its dependence on the U.S. market. It will also allow value-added wood product exporters in Ontario and B.C. to compete on an even footing with our competitors in the South Korean market.

I saved the best for last. From primary agriculture and processing to retail and food service, the agriculture and agri-food industry accounts for one in eight jobs in Canada and for 6.7% of Canada's GDP. The Canada-Korea free trade agreement will result in significant benefits for Canadian producers and exporters through the elimination of South Korean tariffs on around 70% of our exports in the agricultural sector within five years and on 97% of our exports once the agreement is fully implemented.

This is particularly important for my area in southern Ontario, the Region of Waterloo, and in particular the riding of Kitchener—Conestoga, which I am privileged to have been elected to serve three times now. We are blessed to live in a community where the 100-mile diet is a privilege, not a chore. We are home to Canada's largest year-round farmers' market.

Food processing is one of the largest employment sectors in my area. The farmers I represent will be pleased to know that for beef and pork, we have achieved tariff elimination over periods ranging from five to 15 years. This is the same tariff outcome for beef that the U.S. and Australia obtained in their respective FTAs with South Korea, and it will level the playing field among Canadian, U.S., and European exporters for Canada's top-traded pork lines.

This means that producers and exporters like Conestoga Meat Packers, a co-operative of 160 southern Ontario family farmers, can compete on an equal footing to provide the large and growing market in South Korea with high-quality Canadian meat products. In fact, when I learned that I would have the privilege of speaking to this topic today, I contacted Conestoga Meats directly to get a first-hand perspective on this trade agreement. Conestoga's president, Arnold Drung, states that this agreement will solidify more than 50 jobs at his plant alone. In fact, it is already investing in new equipment and technology that will enable it to ship fresh product to the Korean market. He concluded by saying, “Our congratulations to the Government of Canada on concluding this important agreement.”

This agreement is important to all Canadians farmers, not just pork producers. For other agricultural products, we will receive immediate duty-free access for key Canadian export interests such as wheat, frozen french fries, and fur skins. This agreement will also provide for tariff elimination over time or for duty-free within-quota volumes for a variety of other agricultural products, such as barley, malt, wheat flour, soybeans, canola oil, forages, pulses, blueberries, and many processed foods.

Overall, the tariff elimination package represents a very strong outcome for Canada, particularly given that South Korea's current tariffs are, on average, three times higher than ours. This agreement compares very favourably to what our competitors obtained in their agreements with South Korea.

Despite all the evidence that trade creates jobs, economic growth, and economic security for hard-working Canadian families, there do remain special interests who told us free trade with the U.S. would put an end to our sovereignty, who then told us that NAFTA would bring economic ruin, and who made similar fearmongering statements about free trade with Europe.

The Liberals completely neglected trade and took Canada virtually out of the game of trade negotiations, putting Canadian workers and businesses at severe risk of falling behind in this era of global markets. The last time the Liberals talked about free trade was when they campaigned to rip up the North American Free Trade Agreement. Of course that promise was ignored, as were their promises on child care, reducing greenhouse gas emissions, eliminating the GST, and protecting health care.

Stakeholders from across Canada, in all sectors, have called for this CKFTA to enter into force without delay to secure Canada's competitive position in the South Korean market.

We must pass this legislation quickly so Canadians can access the benefits and opportunities of the Canada-Korea free trade agreement as soon as possible.

Canada-Korea Economic Growth and Prosperity ActGovernment Orders

September 25th, 2014 / 5 p.m.
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NDP

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

Mr. Speaker, I would like to thank my colleague for his very good speech in the House. However, I would like to talk to him about two things.

I do not know how many of our Conservative colleagues are talking about us being radical. I just want to point out that we support this agreement. We have important and essential values. We must absolutely do business with democracies, and the country's labour conditions must be good and decent, obviously.

Therefore, we support the bill. I want to ask a question that I think is a bit amusing. If we do not support it, what would the hon. member say about us? I am curious to hear his answer. Let us say that we do not support it; what would he say? Would he say that we are monsters or nightmares? However, we do support it. Is that clear for all the members opposite?

My colleague from Beauport—Limoilou brought up something very important. Signing agreements with democracies is all well and good, but moving forward requires that there be a plan. We are still stalled in my riding, meaning that every SME is criticizing the management of research and development funding. This was true three years ago, it was true two years ago, and it is still true now. I hear about it at dinners with business people. We cannot compete with Asia if we do not have strong research and development support. In Asia, they are obsessed with research and development, and new technology.

What does my colleague think about that aspect of the problem?

Canada-Korea Economic Growth and Prosperity ActGovernment Orders

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

Harold Albrecht Conservative Kitchener—Conestoga, ON

Mr. Speaker, my colleague must have been listening to a different speech, because I never used the term “radical”.

When I was preparing my speech and I found out I was in agreement with some of my colleagues in the NDP, I certainly thought I had better check my facts to make sure I was really on the right track.

To my knowledge, this is one of the first, if not the first free trade agreement the NDP has ever supported. It is great news, and I thank the NDP for that support.

Getting back to research and development, our government has shown, time and time again, that our investments in research and development and innovation are second to none.

When it comes to the agricultural sector, which I was referring to in my speech, the farmers in my area are not interested in going to the mailbox to get a cheque from the Government of Canada. What they want is the ability to compete on a level playing field.

Conestoga Meat Packers, which processes 4,000 hogs a day, is owned by the farmers. Farmers want us to invest in research and development that will help them to have traceability for their products as they are marketed overseas, and to assure their customers that they have the highest quality product that is available anywhere in the world.

It is our innovation, our research and development in the agricultural sector, that has helped them to do that.

Canada-Korea Economic Growth and Prosperity ActGovernment Orders

September 25th, 2014 / 5 p.m.
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Liberal

Adam Vaughan Liberal Trinity—Spadina, ON

Mr. Speaker, it was nice to hear the member reference the 100-mile diet.

One of the sectors within the 100 miles of the riding that the member opposite represents is the auto sector. That is the one sector that is the most nervous, and worry continues to circle it as we talk about this trade deal.

We support this trade deal, but does the member opposite not realize that, by not supporting the auto sector as strongly as the government could have, the very industries he talks about in his riding may lose customers at home as auto workers may lose their jobs in a very fragile market?

Canada-Korea Economic Growth and Prosperity ActGovernment Orders

September 25th, 2014 / 5 p.m.
See context

Conservative

Harold Albrecht Conservative Kitchener—Conestoga, ON

Mr. Speaker, again, this just shows the kind of fearmongering that was here when NAFTA was signed.

We know that over 80% of the cars we produce in this country are exported. To suggest that by signing this free trade agreement with Korea we would somehow put auto jobs in jeopardy is simply not factual.

We also have some very clear protections in this agreement, which are sometimes referred to as snapback protections. Our protections are much higher than those offered to the U.S. in the Korea-U.S. free trade agreement.

It is pretty clear that, in the negotiations to get this agreement in place, all the due diligence was done. Canada has done a great job of protecting the auto sector. By the way, the auto sector supports this free trade agreement. Across the areas I represent, the auto sector is supportive because it does recognize the many benefits to all of the other sectors, which will benefit all workers in Ontario.

Canada-Korea Economic Growth and Prosperity ActGovernment Orders

September 25th, 2014 / 5:05 p.m.
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Conservative

Joe Daniel Conservative Don Valley East, ON

Mr. Speaker, I am pleased to have this opportunity to speak today about the Canada-Korea free trade agreement, or CKFTA. This agreement is Canada's first FTA in Asia. It is a landmark agreement for Canada that would create thousands of jobs for hard-working Canadians.

The CKFTA also represents a watershed for the Canada-Korea bilateral relationship.

No government in Canada's history has been more committed to creating jobs and prosperity for Canadian businesses, workers, and their families. Deepening Canada's trading relationships in dynamic and high-growth markets around the world, like South Korea, is key to these efforts.

Trade between Canada and South Korea is already significant, with two-way merchandise goods of just under $11 billion last year and two-way investment approaching $6 billion.

The agreement is expected to significantly boost bilateral commerce and, in turn, economic growth in both countries. On our side, the projection is that the CKFTA would increase Canada's GDP by $1.7 billion annually and our exports by about one-third over current levels. Those are significant numbers.

Most importantly, the Canada-Korea free trade agreement would restore a level playing field for Canadian companies in the South Korean market, where foreign competitors including the U.S. and the EU are already enjoying preferential access due to their respective FTAs with South Korea. For Canada this was a crucial consideration as we have seen our exports to South Korea fall sharply, particularly in the wake of the Korea-U.S. deal that was implemented in 2012.

The enhanced market access and regulatory commitments would be on par with the best treatment provided to any foreign companies, including from the U.S. and the EU.

Turning to investment, while Canada and South Korea enjoy a well-established relationship, there is considerable scope for expansion above current levels—about $5 billion in South Korean investment in Canada and $534 million in Canadian investment in South Korea.

Canada benefits from greater foreign direct investment. Canadian foreign direct investment in South Korea would improve our access to South Korean markets, technology, and expertise and enhance the competitiveness of Canadian firms in Asia.

Greater South Korean investment in Canada would stimulate economic growth and job creation here at home, providing new technologies and increased competition in the Canadian marketplace, ultimately benefiting Canadian consumers. In addition to financial services, which I mentioned, key sectors that stand to benefit from the agreement include automotive parts, transportation, and telecommunications.

Yet despite all the evidence that trade creates jobs, economic growth, and economic security for hard-working Canadian families, the NDP, together with its activist-group allies, is and always will be ideologically opposed to trade.

Just as bad are the Liberals who, during 13 years in power, took Canada virtually out of the game of trade negotiations, putting Canadian workers and businesses at severe risk of falling behind in this era of global markets. The last time the Liberals tried to talk seriously about trade, they campaigned to rip up the North American Free Trade Agreement.

The investment chapter of the CKFTA provides strong disciplines against discriminatory treatment as well as protection from expropriation and access to independent investor-state dispute settlement.

These and other provisions would put Canadian investors on a level playing field with their competitors in South Korea and provide investors from both countries with greater certainty and transparency and protection for their investments, while preserving the full right of governments to regulate in the public interest.

Canada has also maintained its ability to review foreign investments under the Investment Canada Act, and decisions made under the ICA could not be challenged under the agreement's dispute settlement provisions.

In the area of government procurement, now a $100 billion-plus market in South Korea, the FTA would give Canadian suppliers access to procurement by South Korean central government entities for contracts valued above $100,000. This would put Canadian suppliers on an equal footing with U.S. competitors and in a more advantageous position relative to key competitors like Japan and the EU.

Strong intellectual property rights provided for in this agreement would complement access to the South Korean market for Canadians who develop and market innovative and creative products. New protection for geographical indications “Canadian whiskey” and “Canadian rye whiskey” would secure the national brand recognition for Canadian distillers in the South Korean market.

The intellectual property outcomes would also be also covered by the FTA's dispute settlement procedure, which would give Canadian copyright, patent, and trademark owners an additional layer of protection in the South Korean market.

Our Conservative government understands the importance of trade to our economy. It represents one out of every five jobs in Canada and accounts for 64% of our country's annual income. We are proud of our record on trade because of the benefits trade brings to Canadians in all regions of our country and in all industries.

To put it simply, the Canada-Korea free trade agreement is a historic initiative that would strengthen our trade and investment ties across the Pacific, increase the prosperity of both countries, and result in job creation and enhanced opportunities for Canadian and Korean businesses, particularly small and medium enterprises, as well as investors, workers, and consumers.

Canadian stakeholders from across Canada have called for the CKFTA to enter into force without delay to secure Canada's competitive position in the South Korean market. We must pass this legislation to implement the CKFTA so that Canadians can access the benefits and opportunities of this agreement as soon as possible.

Canada-Korea Economic Growth and Prosperity ActGovernment Orders

September 25th, 2014 / 5:10 p.m.
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NDP

Dany Morin NDP Chicoutimi—Le Fjord, QC

Mr. Speaker, this is my question for my Conservative colleague: Canadian exporters have lost 30% of the market since 2012, when the United States and the European Union implemented free trade agreements with South Korea. The two nations gained preferential access for their companies. Why was the government so slow to act, and why did it end up with an agreement that is not as good as the one that our other two economic partners got?

Canada-Korea Economic Growth and Prosperity ActGovernment Orders

September 25th, 2014 / 5:10 p.m.
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Conservative

Joe Daniel Conservative Don Valley East, ON

Mr. Speaker, if my colleague looked closely at the agreements between South Korea and the EU and the U.S., he would find that our agreement is in fact much better in terms of all the different aspects of the duties and implementation.

On the implementation, as my colleague said previously, these negotiations take time. At the same time, we have been negotiating with Europe as well as India and a number of other deals, and so this agreement took its place in priority to be completed.

We are here now, we are at the place where the agreement is ready. We just need to ratify it here and get on with it.

Canada-Korea Economic Growth and Prosperity ActGovernment Orders

September 25th, 2014 / 5:10 p.m.
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Liberal

Kevin Lamoureux Liberal Winnipeg North, MB

Mr. Speaker, I would like to pick up on the question that was just posed.

Since the current Prime Minister was first elected, this file has been on his desk. The government had the opportunity to move forward in negotiations with South Korea, but chose to make it low profile in terms of trade. There were other trade agreements the government put a higher priority on, whether they were with Guatemala, El Salvador, Nicaragua, or other countries.

Why does the member believe that the current Prime Minister put such a low priority on South Korea, considering the other countries that I have referenced, which I will reference again when I get the opportunity to speak? Why was there such a low priority on South Korea?

Canada-Korea Economic Growth and Prosperity ActGovernment Orders

September 25th, 2014 / 5:15 p.m.
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Conservative

Joe Daniel Conservative Don Valley East, ON

Mr. Speaker, while my colleague thinks this was put on a low priority, that is his perspective, not ours on this side.

We have been working diligently with the negotiators to make sure the deal was acceptable to us and beneficial for Canadians. All Canadians across every province of this country would benefit from this. The negotiations went on to achieve that, and that was the time it took to actually get it here to be ratified.

Canada-Korea Economic Growth and Prosperity ActGovernment Orders

September 25th, 2014 / 5:15 p.m.
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NDP

Peggy Nash NDP Parkdale—High Park, ON

Mr. Speaker, while Korea obviously has a much stronger democracy and human rights record than countries the government has signed agreements with, such as Honduras, New Democrats are still opposed to the investor state provisions in this agreement. However, unlike the Canada-China FIPA agreement, which ties the government's hands for 31 years, this agreement can be renegotiated or cancelled after six months. Therefore, we see that as a positive thing because we disagree with the investor rights provisions of this agreement.

My question for the member opposite is this. Considering that the Canadian government did not get the same protections that the U.S. was able to secure, what is the government going to do to ensure that Canada's auto industry can benefit from this agreement?

Canada-Korea Economic Growth and Prosperity ActGovernment Orders

September 25th, 2014 / 5:15 p.m.
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Conservative

Joe Daniel Conservative Don Valley East, ON

Mr. Speaker, I thank my colleague for her comments on the agreement and I appreciate her support for the bill.

Certainly, there are provisions in the agreement to support the auto industry. They are mainly to do with the auto parts that are involved. This agreement would allow them to be manufactured in Canada, hopefully, at some point and benefit the workers here. Therefore, this is a positive statement in terms of Canada and Korea with regard to the auto industry.

Canada-Korea Economic Growth and Prosperity ActGovernment Orders

September 25th, 2014 / 5:15 p.m.
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NDP

Ève Péclet NDP La Pointe-de-l'Île, QC

Mr. Speaker, my question is related to investor state dispute settlements. I think my colleague mentioned that it would put both investors at the same level. A couple of states, even Germany, just talked about the Canada-EU trade deal, saying that these kinds of dispute settlements are not beneficial for the people and the state.

I am wondering what makes it so important in every single trade deal the government has negotiated to include dispute settlement in its basic principles. What is it that makes it so important for Canada to include a dispute settlement agreement in every single one of the trade deals it has negotiated?

Canada-Korea Economic Growth and Prosperity ActGovernment Orders

September 25th, 2014 / 5:15 p.m.
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Conservative

Joe Daniel Conservative Don Valley East, ON

Mr. Speaker, that is a very good question from my colleague. Clearly, in any agreement there are going to be disputes. There are interpretations of the text in a particular field or segment of the marketplace and clearly those differences need to be resolved. That is why every deal has a dispute settlement process. This one in particular, I believe, is one of the better dispute settlement processes, which allows disputes to be settled quicker than in some of the other agreements.

Canada-Korea Economic Growth and Prosperity ActGovernment Orders

September 25th, 2014 / 5:15 p.m.
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Conservative

The Acting Speaker Conservative Bruce Stanton

Before we resume debate, I will let the hon. member for Winnipeg North, who will be next up, know that we only have 10 minutes remaining in the time allowed for government orders today. He may be intending to go longer than that and if so, he will have time remaining when the House next resumes debate on the question. I will give him a signal in the usual course, a couple of minutes before the end of government orders at 5:30 p.m.