An Act to amend the Customs Tariff and the Canadian International Trade Tribunal Act

This bill was last introduced in the 42nd Parliament, 1st Session, which ended in September 2019.

Sponsor

Bill Morneau  Liberal

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 provides for the repeal of subsections 55(5) and (6) of the Customs Tariff and their subsequent re-enactment two years later. It also makes consequential amendments to the Canadian International Trade Tribunal Act.

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

June 10, 2019 Failed 2nd reading of Bill C-101, An Act to amend the Customs Tariff and the Canadian International Trade Tribunal Act (reasoned amendment)
June 10, 2019 Passed Motion for closure

Canada-United States-Mexico Agreement Implementation ActGovernment Orders

June 18th, 2019 / 11:25 p.m.
See context

Conservative

Erin O'Toole Conservative Durham, ON

Mr. Speaker, if only we had seen that passion from the member for Fredericton a few years ago, we might have been able to avoid some of the disastrous results we have had on the trade front.

On nights like this, I wonder if he is reflecting on that fact and on what he is going to say when he goes back to Fredericton. He will have to say that we are rushing through bills like Bill C-100 and Bill C-101 in the final hours of Parliament because we were not able to secure good outcomes for Canada. This is despite the fact that we were able to join a deal that Mexico and the United States had signed.

As I was saying before he had his outburst, if there is a trilateral agreement being negotiated and one of the three parties is no longer at the table, we should ask how we let that happen. As I said in my remarks on Bill C-100, this year is the first year that Mexico has surpassed Canada as the number one bilateral trade partner for the first two months of this year. Mexico surpassed us, negotiating the USMCA. It had a deal on 232 tariffs before Canada, despite the fact we are NORAD partners and we have had free trade with the U.S. for years before Mexico did.

We have to work with what the government has been able to table. We have to make sure that we do not have the tariffs come back on, because steel fabricators in Fredericton and MacDougall Steel in Prince Edward Island cannot afford another year of tariffs.

In fact, I can summarize and conclude with this. Canadians cannot afford another four years of the Liberals.

Canada-United States-Mexico Agreement Implementation ActGovernment Orders

June 18th, 2019 / 9:25 p.m.
See context

Conservative

Erin O'Toole Conservative Durham, ON

Madam Speaker, I would like to thank my hon. colleague from Edmonton West for his work. In fact, he and his office knew the last budget and the errors in it better than the Minister of Finance and his entire department. I think the people of Edmonton should be very proud of the team we have there. It will be growing by two in a few months.

The $3.5 billion in tariffs is part of our push-back on Bill C-101. The government promised certain things in terms of tariff relief. When it imposed the retaliatory tariffs on the U.S., it knew that it was having an adverse effect on Canadian producers and suppliers. In fact, I called some of them dumb, because the minister had promised me that she would adjust if those retaliatory tariffs were having virtually no impact in the U.S. but a huge impact in our community. We all know boat sellers across the country, like the Junkin family in my riding. They have received no relief. They now have stranded inventory.

As part of our support for the safeguard bill the Liberals are rushing through at the end, we have asked for a plan to get rid of that $3.5 billion. That is tax they collected that is in government revenues. It should go out to the small steel fabricators. It should go out to the boat retailers. It should go out to the SMEs impacted by Liberal trade disruption.

When are the Liberals going to dispense the money these Canadian enterprises, particularly in western Canada, need so much?

Canada-United States-Mexico Agreement Implementation ActGovernment Orders

June 18th, 2019 / 9 p.m.
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Conservative

Erin O'Toole Conservative Durham, ON

Madam Speaker, it is an honour for me to rise in the House today to speak to Bill C-100.

I want to start my remarks recognizing that we are ending the session shortly and this could very well be my last speech in the 42nd Parliament. That will no doubt delight my Liberal friends, but if they stay to listen to the content of my final remarks, they will have no delight because they will outline their failures.

I want to also send special thanks to a couple of exceptional Canadians, Dr. David Stevens and Dr. Bill Plaxton in Kitchener Waterloo. I have been away the last week with my wife who had surgery. She was in the hands of those amazing medical professionals at Grand River Hospital. I want to thank them and I want to thank her for allowing me to come and speak tonight to NAFTA. I have been trying to help at home a little this last week.

All of us in the House rely on exceptional spouses, partners and families. If these are my last remarks of this Parliament, I think all of us do not thank our families enough. I love Rebecca and I love my family. The sacrifices we make in the House lead to reflection at this time of year. It has been good for me to spend time with my wife who is my partner in this adventure. I want to thank Dr. Stevens in particular for his exceptional care.

I will now proceed to upset my Liberal friends in discussing Bill C-100, back to my normal approach.

I hope a lot of Canadians are watching. I doubt they are, but I will push this out because we have to break this narrative that the government has approached the U.S. trade relationship and NAFTA renegotiations in any form of strategic fashion, because that has not been the case.

Much like almost every foreign relations approach under the Prime Minister, Canada has suffered, our sectors have suffered, employers, job creators, employees have suffered. The Liberal Party always puts the Prime Minister's brand and their own electoral fortune ahead of the national interest. Nothing highlights that more than the famous state visit to India. However, if we look at all the strained relationships Canada has around the world right now, we have never had so many. Almost all of these diplomatic entanglements are attributable to the Prime Minister's own approach, style and obsession with his image and electoral prospects.

We saw that with photographs from the India trip, but we have also seen it in flawed trade relations with China, where we are in the biggest dispute since we have had relations with China in the 1970s, with Saudi Arabia, with the Philippines. Countries like Italy have imposed tariffs on durum wheat. We are losing track of the number of countries that have a serious problem with Canada on trade, on security or in other relations because of the Prime Minister's government.

As much as I have some admiration for the Minister of Foreign Affairs, she is presiding over probably the worst period of modern diplomatic relations of Canada. I do not think 10 more magazine covers of Maclean's will correct that record.

Nothing should concern Canadians more than the situation with NAFTA. Two-thirds of our economy relies on trade with the United States. I have said this many times. Canada became lazy for the last half century, relying on the fact that we lived just north to the largest, most voracious free market economy in the world. In the post-world cycle, Canada traded, produced, were drawers of water and hewers of wood for the largest market just south of us.

Until the Harper government, we did not look much beyond our shores to enhance free trade and develop partnerships to diversify our trade relationships. We were so reliant, but we were also pioneers in free trade.

We can go back to the Harper and Mulroney governments, even back to Pearson with the auto pact of the mid-1960s when there was free trade in automobiles for the first time between two modern industrial countries. An automobile assembled in Oshawa by people like my father and his colleagues who worked in Oshawa where I grew up, or an automobile assembled in Windsor, or Oakville or Sainte-Thérèse, Quebec was considered just the same as if it had been assembled in Michigan.

Over the subsequent decades, we saw a Great Lakes free trade based in auto. It was the epicentre of the global auto industry. With just-in-time manufacturing, a part could be made in Aurora, put on final assembly in Oshawa and 70% of the vehicles produced in our Ontario auto plants were for sale in the United States anyway. Therefore, our free trade with the United States was built upon the auto industry.

I say this for two reasons. The first is because representing Oshawa and that industry, the retirees and the workers there now is a priority for me. The second reason is because it should trouble Canadians that the minister did not mention the auto industry in her priority speech on NAFTA, despite the fact the Liberals' best friend, Jerry Dias, was on the NAFTA advisory committee. I was pushing for auto to be a priority. whereas Jerry Dias was applauding the Prime Minister for an agenda that did not mention the auto industry.

Let us do a recap. President Trump was elected, and before his inauguration, before he was president, the Prime Minister volunteered to renegotiate NAFTA. There have been so many mistakes between now and then, we forget that our Prime Minister inserted us into something that was likely going to be focused on modernization with Mexico. Later on, the U.S. outlined what it wanted.

In July of 2017, a United States trade representative laid out a series of priorities for the U.S. It spelled them out in detail, including things related to state-owned enterprises and non-market economy-type structures, which were a surprise to people at the end. The U.S. laid it out in July of 2017 in detail, rules of origin, part content and the fact it wanted to go after what it perceived to be subsidies in the agriculture sector in Canada, despite the fact the U.S. spends more on agricultural subsidies than we spend on our military. However, it laid out what it wanted to talk about.

What did the Liberal Party lay out a few months later in August 2017 at the University of Ottawa? The minister launched her vaunted progressive agenda speech. There was no response to what the U.S. had already put out on trade. That is how a negotiation is supposed to work. The U.S. talks about the priorities it wants to talk about at the table and we put forward a contrary position. We should have pushed back and said that the U.S. had to stop subsidizing its agriculture sector before it could lecture us. However, the Liberals did not do that. They proceeded to make it all about the Prime Minister again. The “progressive agenda” they called it.

I invite Canadians to look at the speech. The core objectives of the minister's speech were laid out in detail and they were failures across the board. I know the minister has a high degree of education, but if she was getting marked on her paper, her speech, she would have failed.

Let me take the House through the core objectives laid out by the Liberal Party at the beginning of NAFTA.

The first objective was to modernize NAFTA for the digital revolution. That did not happen. In fact, there are concerns with respect to data transfer and localized storage of digital information that Canada was not able to negotiate into the new NAFTA. Therefore, the first core objective was a failure.

The second objective was the progressive section within NAFTA, where the minister, and later on the Minister of Climate Change and others, said that the government wanted clear, new chapters on climate change, gender rights, indigenous issues regarding reconciliation, those sorts of things. At the time, I said it was hard to be critical of things that were very important social programming and policy issues, particularly reconciliation. I take that responsibility very seriously. However, I also recognize that NAFTA is a trade agreement. There is not even a constitutional alignment between first nations and indigenous peoples, between Mexico, the United States and Canada, so how could we ever negotiate a trade agreement with a chapter on indigenous issues, for example? It was impossible.

Why were those elements the second prong of Canada's NAFTA strategy? Because it was the Prime Minister's brand. That could have been ripped out of the 2015 Liberal election platform.

When we are putting up policies to ensure we guarantee almost two-thirds of our economic activity as a nation, we should not be doing the posturing that the Liberals do on all these relationships. It leads to bad outcomes.

The third core objective the Liberal Party outlined was harmonizing regulations. That did not happen either. In fact, the last government had regulatory co-operation in the western hemispheric travel initiative, beyond the border initiatives. We have gone way back. We are not harmonizing any regulations.

The fourth core objective was government procurement and eliminating local content and buy America provisions. The Liberals failed on that one too. There remain buy America provisions, and the trend is getting worse.

The fifth core objective was to make the movement of professionals easier with respect to allowing Canadian professionals or people transferred to work in the United States. They failed on that front too. They did not secure that. That should have been low hanging fruit.

The sixth core objective was supply management, which the Liberals caved on as well. What I never heard the government say was the fact that the supply management system was criticized relentlessly. We heard President Trump talk about high tariff rates. I never heard a Liberal minister push back on the United States and say that its collection of direct agriculture subsidies amounted to more subsidization of the agricultural sector in the United States than in Canada by a country mile. In fact, the Americans spend more on agricultural subsidies on average each year than we spend on our military. We should have been pushing back at this narrative.

Those were the six core objectives of the minister's speech at the University of Ottawa. I would invite Canadians to look at it. We did not achieve a single objective. If that is not failure of colossal proportions, I do not know what is.

At the same time, we had section 232 speculation about steel and aluminum tariffs. The Conservatives said at the time that we needed to talk security, that we needed to talk trade, that we needed to ensure we could use NORAD and other relationships that were unique to Canada as a way to ensure we did not have section 232 tariffs applied.

The Prime Minister did a steel town tour when the government gained a one month exemption from tariffs. A month later the tariffs applied and they hurt Canada hard for a year. If we look at the statements by Secretary Ross in the United States, we could have avoided it.

Bill C-101 that is before the House now on safeguards is what the U.S. had been asking for. Had we aligned on concerns about oversupply of steel from China, had we aligned on security provisions, we could have avoided section 232 tariffs and we could have had a better NAFTA.

At the time, the Conservatives publicly told the minister to use the North American defence relationship to distinguish Canada. Only Canada has a defence and homeland security partnership with the United States. Mexico does not. Europe does not. NAFTA does not. Only Canada does, and we have had that since the 1950s.

When we are talking trade, or security, or oversupply of commodities from China, we should have been aligned. Oversupply of Chinese steel was something the Obama administration started taking on in the early days of the Liberal government, as the administration was winding down. This was not all about it being hard to align with Trump. No attempt was made by the Liberal government.

The damage the so-called progressive agenda did allowed Mexico to negotiate an agreement before Canada. It should astound Canadians to know that in the final months of negotiations, Canada was not at the table but Mexico was. Mexico had 85 direct meetings with administration officials even though it was starting in a much worse position. The border relationship with Mexico was part of the U.S. presidential election. However, Mexico was strategic. It did not posture. It did not virtue signal. It did not try and run its next election using NAFTA negotiations as the stage.

I cannot stress enough that on almost every major diplomatic entanglement we have had under the current government, it has been the result of the Liberal Party putting its own election fortunes ahead of our national interests, ahead of steelworkers, ahead auto workers and ahead of the softwood lumber industry, which was hardly even mentioned by the government. We have seen those sectors, agriculture and others, let down time after time because of the Prime Minister's particular agenda and his desire to make this all about him. In this Parliament, we should be serving Canadians and not the electoral fortunes of that party.

What has Mexico done? It has surpassed us under the Liberals. In fact, Mexico is now the largest bilateral trade partner with the United States at $97.4 billion in the first two months of this year. That was ahead of our $92.4 billion, even though it is caught in the trade disruption. Mexico has been smarter than the current government has, so much so that it reached an agreement, and Canada was given an option to join it. There were no further negotiations, despite the minister's frequent trips to Washington and storming into the building. The deal was done, and if members go to Washington, everyone knows that. The deal was done, and Canada was given the ability to sign on.

Now we hear the Liberals holding on to things like culture, which was exempted. Culture was never mentioned by the U.S. once. It was not a priority in the minister's speech, and the Prime Minister never mentioned it. The Liberals are now trying to cobble together things they try to say they saved. We already had chapter 19. They are saying that culture was not changed. The Americans were not trying to change it. I read through the six core objectives in the minister's speech. The Liberals failed on every single one.

We have tried to work with them. In fact, the relief from the section 232 tariffs was initiated by the Conservative caucus going down there and saying that we would work with the government on ratification, and the member for Malpeque knows that. He and many people are leaving, because they do not like the way the Prime Minister approached it. I have lost track of how many more Liberal first-timers have resigned today. They do not agree with his approach.

We went down and said that we would try to use the dying days of Parliament to pass a new NAFTA, even though we think it is a step back. Our leader has called it NAFTA 0.5, because we wanted those steel and aluminum tariffs off. They were hurting manufacturers in Ontario. They were hurting people in my riding, like Ranfar Steel, and steel plants in Prince Edward Island that I visited last summer. They were being hurt in Quebec. Therefore, we made an agreement to say that we would try to work with the government on ratifying a deal, which we think is a step back, just to get trade certainty. Businesses want some certainty, even if it means taking a worse deal. This will be a priority for us.

I want to end with remarks that are etched on the walls of the U.S. embassy in Canada. We can let personalities get in the way on both sides, but it will be a priority for the Conservative government to get this relationship back on track.

In 1961 in this chamber, John F. Kennedy said this:

Geography has made us neighbours. History has made us friends. Economics has made us partners. And necessity has made us allies. Those whom nature hath so joined together, let no man put asunder

He said that in this chamber, and that is a challenge to us. These are our closest allies, trade partners and familial connections going back to the origins of our country. We have to be able to fight for our interests and co-operate on security and trade. To do that, the Conservatives wanted to work with the government to get the tariffs done and work with the NAFTA agreement as we have it. We will fix the gaps after a change in government, sector by sector, including auto, softwood and agriculture. To get the certainty, we were prepared to try to work with the government, even though we would have taken a very different approach.

I look forward to questions, including from my friend, the MP for Malpeque.

June 18th, 2019 / 9:35 a.m.
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Liberal

Terry Sheehan Liberal Sault Ste. Marie, ON

Yes. It's Bill C-101 about the surge, the safeguards.

June 18th, 2019 / 9:35 a.m.
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Vice-President, Policy, International and Fiscal, Business Council of Canada

Brian Kingston

I'm sorry. Could you please clarify Bill C-101 again?

June 18th, 2019 / 9:35 a.m.
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Liberal

Terry Sheehan Liberal Sault Ste. Marie, ON

Thank you.

Brian, you as well as Mathew mentioned your support for Minister Morneau's Bill C-101. In particular, we're asking for unanimous consent so that we can get it through expeditiously. Can you explain to this committee the importance of Bill C-101 as it relates to getting back to free trade?

International TradeOral Questions

June 17th, 2019 / 3 p.m.
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Toronto Centre Ontario

Liberal

Bill Morneau LiberalMinister of Finance

Mr. Speaker, while we accept these challenges around the world, we need to continue to take actions to protect our steel industry against the potential of import surges. We introduced Bill C-101 in order to make sure that we have the flexibility to stabilize our market, to protect workers and to protect the industry in the case of steel surges that might come because of those protectionist issues.

I want to thank the member for Vaughan—Woodbridge and the finance committee for their work, and I want to ask all members in the House to bring forth their unanimous support so we can move this bill forward quickly to protect steel workers and to protect our steel industry.

FinanceCommittees of the HouseRoutine Proceedings

June 14th, 2019 / 12:15 p.m.
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Liberal

Wayne Easter Liberal Malpeque, PE

Mr. Speaker, I have the honour to present, in both official languages, the 31st report of the Standing Committee on Finance in relation to Bill C-101, an act to amend the Customs Tariff and the Canadian International Trade Tribunal Act. The committee has studied the bill and has agreed to report it back to the House without amendment.

I expect this will be my last report in the 42nd Parliament as committee chair. Therefore, I want to take this opportunity to thank the several clerks and the many analysts from the Library of Parliament who worked with us during this 42nd Parliament for all their hard work during sometimes inhumane hours, four pre-budget consultations, four budgets, four budget implementation acts and much more.

I also want to offer a sincere thanks to members of all parties and their staff as well as to my staff for their hard work and sincere efforts in working on the finance committee.

June 13th, 2019 / 4:05 p.m.
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Liberal

The Chair Liberal Wayne Easter

We're always ahead of the game here, Tom.

This is for the witness expenses. The request is for an amount of $4,500 to study Bill C-101, An Act to amend the Customs Tariff and the Canadian International Trade Tribunal Act.

So moved by Mr. Sorbara.

Go ahead, Mr. Dusseault.

June 13th, 2019 / 4:05 p.m.
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Liberal

The Chair Liberal Wayne Easter

We don't need to reprint the bill because no amendments were agreed.

Thank you very much to the witnesses, Mr. Halley, Mr. Layton and Ms. Govier, for coming.

We have a wee bit of business to deal with related to this bill. Do members have a copy of the project budget?

All right, this is a request for the project budget for us actually to deal with Bill C-101, the bill we just dealt with.

June 13th, 2019 / 3:40 p.m.
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Conservative

Todd Doherty Conservative Cariboo—Prince George, BC

Correct: and more than that.

The reason I offer this is that if Bill C-101 is here and being developed and passed and put forward to protect our domestic producers against, well, the protectionist measures proposed by those south of the border, as well as dumping by other countries, it would make sense if we reread the original motion that was put forth by the CPC: that it's only to remedy any harm or trade injury to our domestic producers, and that any tariffs or surtaxes that have been collected would then be paid and “shall be used to compensate economic loss incurred by domestic steel producers”.

Mr. Chair, that goes to the direct intent of Bill C-101; it's not outside of Bill C-101. If your argument is that it doesn't fall within the intent of Bill C-101, I think that is a faulty argument.

June 13th, 2019 / 3:40 p.m.
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Conservative

Todd Doherty Conservative Cariboo—Prince George, BC

Mr. Chair, the reason I ask is that you've been here a lot longer than I have, and sometimes I think we tend to walk through those doors and common sense tends to kind of go out the window. In no way is that referring to you chair; I just mean overall, Mr. Chair.

I just want to know, because Bill C-101 in laymen's terms would be there to protect our domestic producers. Am I correct in that assumption?

June 13th, 2019 / 3:40 p.m.
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Liberal

The Chair Liberal Wayne Easter

I'm not going to get into a debate with you on the ruling. Bill C-101 gives the Minister of Finance another tool to deal with the surge in steel imports, and to deal with it appropriately.

June 13th, 2019 / 3:40 p.m.
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Conservative

Todd Doherty Conservative Cariboo—Prince George, BC

What, in the chair's view, is the intent of Bill C-101?

June 13th, 2019 / 3:35 p.m.
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Liberal

The Chair Liberal Wayne Easter

I guess everyone has the amendment before them, so it's not necessary to read it out.

I will have to rule it out of order and inadmissible, and I will give you my reasons.

Bill C-101 amends the customs tariff—