Bill C-13 (Historical)

An Act to amend the Food and Drugs Act, the Hazardous Products Act, the Radiation Emitting Devices Act, the Canadian Environmental Protection Act, 1999, the Pest Control Products Act and the Canada Consumer Product Safety Act and to make related amendments to another Act

This enactment enables Canada to implement the Agreement on Trade Facilitation, which was done at Geneva by members of the World Trade Organization, including Canada, on November 27, 2014, as an amendment to Annex 1A of the Marrakesh Agreement Establishing the World Trade Organization.
It amends the Food and Drugs Act, the Hazardous Products Act, the Radiation Emitting Devices Act, the Canadian Environmental Protection Act, 1999, the Pest Control Products Act and the Canada Consumer Product Safety Act, to bring them into conformity with Canada’s obligations under the Agreement on Trade Facilitation.
It also makes related amendments to another Act.

Food and Drugs Act

[Kyle Peterson, Liberal, Newmarket—Aurora, ON]

Mr. Speaker, I want to thank my colleague from the international trade committee for her contribution to today's debate on Bill C-13. I appreciate her expressing some of her concerns and, frankly, some of the concerns we have been hearing at committee. It is appreciated.

I want to talk a bit about Bill C-13 in the context of today's debate. Given that she is from Windsor, I wonder if she could elaborate how facilitating trade through Bill C-13 would help her constituents, given the importance of the border crossing to her community.

[Tracey Ramsey, NDP, Essex, ON]

Mr. Speaker, I thank the member for Newmarket—Aurora for his work on the committee and certainly his commitment to trade in our country, fair trade in our country, which we see being represented in Bill C-13.

In response to the member's question, I would like to say that trade is incredibly important in southwestern Ontario. We have the largest border crossing that exists between our country and our largest trading partner, the United States.

One of the concerns that was raised at committee was around the ability of Canada Border Services Agency to handle this increase in trade that Bill C-13 would see. Personnel would have added responsibilities when they are holding goods. They would also have added responsibility with goods that are in transit through our country, understanding that is their sole purpose versus actually stopping here in Canada.

Of course, I support the men and women who protect our borders in Canada and also facilitate trade across them every single day. I also advocate for an increase in the number of people who are working at our borders, so that we can properly facilitate the trade we would be signing on to in Bill C-13. I think the member opposite would agree that we would want to give all the support we can to ensure that the men and women who are at our borders have enough people to service not just the border in southwestern Ontario but all of our international borders.

[Guy Caron, NDP, Rimouski-Neigette—Témiscouata—Les Basques, QC]

Mr. Speaker, I thank my colleague for her excellent speech.

I have been hearing a lot of things recently about international trade. Clearly, everyone in the House, across party lines, recognizes the importance of international trade to the Canadian economy, and the NDP is no exception. However, the NDP probably has the most responsible position on this issue among all the parties in the House.

It is important to understand that a treaty, whether we are talking about CETA or the TPP, is a contract whereby the various parties agree on a series of rules. However, to be responsible, one has to read the contract and evaluate all the repercussions it could have on both parties.

When the Liberals were the third party, they supported the free trade agreement with the European Union without even reading it. Indeed, the day after the initial signing of the agreement with the European Union, the current Prime Minister, who was the member for Papineau at the time, congratulated Mr. Harper and asked him when we could read it. There was tacit approval before anyone could even read the treaty.

We, in contrast, assess the various agreements based on what is actually in them and how they will affect the Canadian economy.

Can my colleague talk about the difference between our approach and that of the other parties of the House?

[Tracey Ramsey, NDP, Essex, ON]

Mr. Speaker, I thank my hon. colleague for his very responsible, very good question to all the members of this House.

We have a responsibility as parliamentarians not just to read the reports that come before us but to actually investigate how the trade agreements will affect us. These trade agreements have grown in size, exponentially. CETA is around 1,500 pages. The TPP is around 6,000 pages. I understand that is difficult for parliamentarians to digest, on top of our already busy schedules, but it is critically important that we do so and that we listen to stakeholders, not just in our communities but across Canada.

One of the things that has been highlighted at the trade committee level, specifically around the trans-Pacific partnership, is that many presenters to our committee only look at one or two chapters within this agreement. This trade agreement has far more to do with things other than just traditional trade.

We in the NDP definitely support the easement of tariff and non-tariff barriers, and we support trade flowing through our borders for those sectors that are anxious to get into markets that could benefit Canadians, bring more work here, more value-added work. We would like to see that out of our resource sector as well, that we have more of the actual value-added chain here in Canada versus just exporting our raw materials to other countries for them to enjoy the benefits of those jobs in those communities.

Returning to the member's point, it is critical that we look at this deal on balance, that we do not just laser focus into the few chapters that deal with that traditional trade. That is what we were able to do with Bill C-13, largely because of the size of its scope. It was quite small in comparison to the other agreements that we are facing, so we were able to commit ourselves fully to looking at the two provisions that would change in this very important piece of trade facilitation to which we are signing on.

I do think it is critical that, when we are looking at trade on the whole, we have a responsibility as party members and as members of Parliament to look at the entire deal, to look at the things that would benefit Canadians, and to look at the things that could potentially harm Canadians.

Although there are sectors that would benefit—and I would like to see that trade flow happen for them; I would like to see that increase—at the same time, when we are looking at trade agreements like those I mentioned, CETA and TPP, we do not want to see an increased cost of drugs for Canadians.

The labour mobility chapter is a prime example. One of the members mentioned earlier about consultations and who was brought in. Labour never entered into the conversation, because this is the first time we have seen this provision in a trade deal. How would they have known to go to the government and say, “You are negotiating a trade deal; I think we should be in on the conversation.” They had absolutely no knowledge that they would be included in the trade deal.

That speaks to the secrecy of the way these trade deals have been negotiated. These groups, even though they have seen things on government pages saying it is looking into a trade deal, have never been included in a trade deal before, so it has never occurred to them to actually go and consult with the government.

Now that we are looking at negative trade deals, where everything is on the table, unfortunately everyone in Canada has to go to the government with their concerns, because they could potentially be part of a trade agreement when they never had been before. We all have a responsibility to look at the trans-Pacific partnership on balance, look at every chapter, and speak to every stakeholder we can.

[Elizabeth May, Green, Saanich—Gulf Islands, BC]

Mr. Speaker, I am particularly concerned about those provisions that remain somewhat hidden. We do not talk about them enough in Canada.

Almost by rote, people who defend investor state agreements say that it is just a standard FIPA. I would ask my hon. colleague if she would agree with me that there is nothing standard about something so corrosive to democracy as allowing foreign corporations to bring charges and, in private arbitration suits, seek damages against the Government of Canada for bills passed municipally or provincially.

We have a bad history. Canada has been a victim of more of the chapter 11 cases than most nations have, of investor state agreements. I would just ask the member to reflect on that aspect of the TPP and CETA.

[Tracey Ramsey, NDP, Essex, ON]

Mr. Speaker, I agree wholeheartedly that the ISDS provision, which mirrors the investor state provisions under which we have been the most sued country in the world in chapter 11 of NAFTA, is deeply concerning to Canadians.

When I travelled across this country with the international trade committee, we opened up a portion of one hour. Many Canadians came for that one-hour, open-microphone period, so to speak. More than 100 Canadians came, and many of them repeated the concerns about the investor state provisions, which would ultimately impact the work we do in the House and potentially tie our hands. It could affect our environmental regulations and legislation in Canada. It could affect public health and public safety. The environment has been under attack in investor state dispute settlement resolutions in chapter 11 of NAFTA in Canada, so it is no surprise that environmentalists are saying that this provision does not work for us in Canada.

Some $190 million has been paid out. I have heard the term that it is negligible, that it is the cost of doing business. First, it is taxpayer money, and we have a responsibility for every penny that we spend of taxpayers' money; but second, it is not just about the money. It is about the regulatory chill that we could all experience when we try to put forward legislation to improve the lives of all of the people whom we have been sent here to represent. This is a deeply concerning provision and one that we see people around the world standing up for. India is now saying it will not sign a trade agreement with this provision in it. Canada needs to show leadership and say that this provision does not work for Canadians.

[Kevin Lamoureux, Liberal, Parliamentary Secretary to the Leader of the Government in the House of Commons]

Mr. Speaker, I hope to get into many of the discussions by the members who have already spoken to the broader trade issue.

Although Canada is already compliant with the vast majority of the World Trade Organization trade facilitation agreement provisions, legislative amendments are required to enable Canada to comply with two specific provisions to ratify the agreement.

The required legislative amendments are contained in Bill C-13, an act to amend the Food and Drugs Act, the Hazardous Products Act, the Radiation Emitting Devices Act, the Canadian Environmental Protection Act, 1999, the Pest Control Products Act and the Canada Consumer Product Safety Act and to make related amendments to another act.

All legislative amendments proposed in Bill C-13 are related to Articles 10.8.1 and 11.8 of the TFA, which address non-compliant goods and goods in transit, respectively.

From my perspective and the government's perspective, this is a very important piece of legislation. If we feel that world trade is important, this is the type of legislation members should be voting in favour of.

In listening to members from all sides of the House, it appears that there is unanimous support for Bill C-13, which is positive. I say that because at the G20 conference in Istanbul, Turkey, in November 2015, the Prime Minister said that this government would ratify the WTO agreement, which is why we are doing this now. We made a commitment to ratify it, and it is the government's intention to do it as quickly as possible.

Why is this an important agreement? We have all heard of the World Trade Organization. It was formed in 1994. The WTO is made up of 162 countries, and we are one of them. The trade facilitation agreement is the first substantive agreement that has come out of the World Trade Organization. That is a significant accomplishment. It took many years of negotiations, starting in 2001-02 and leading up to when it was signed in December 2013.

Let us look at how it would be ratified. There are 162 countries, and two-thirds of those countries need to ratify it for it to become law. As of today, I believe there are 92. I know that back in June, it was closer to 80, so there is momentum. If we look at our major trading partners, whether it is China, the EU, or the U.S., they have already ratified the agreement. Our Prime Minister has made a commitment to ratify the agreement. The momentum is there. I believe that the will of the House is to see Bill C-13 pass, which is encouraging.

It was not that long ago that it was adopted at second reading and went to committee. I was encouraged today to hear about the goodwill at committee stage, where committee members from all sides worked together to make some changes to the legislation. That is what we are debating now. I believe that it is better legislation, because the Prime Minister was true to his word when he said that we want to see committees be more productive and look at ways to improve legislation, and we have now seen a committee do just that. In a more apolitical fashion, it brought forward possible changes and included stakeholders and members of the opposition, working alongside the government.

Throughout this debate we have heard about how important the World Trade Organization trade facilitation agreement is to our country. According to WTO estimates, with full implementation, and by full implementation we are talking about all 162 countries ratifying and implementing it, the global economy will be boosted in terms of merchandise exports by over $1 trillion, including up to $730 billion in export opportunities accruing to developing countries. That is significant, and that is why I mentioned that if we believe in the importance of trade, this is something all members should get behind.

It would also decrease trade costs for World Trade Organization members, including Canada, by an estimated average of 14%, and for the countries that are least developed, by 17%. It would help small businesses in Canada increase their export presence in emerging markets.

We hear a lot about the importance of small business. I hear from the government House leader on an ongoing basis that small businesses are the backbone of our Canadian economy. I was thinking of doing a special Standing Order 31 on an important celebration. Maybe I could make reference to it now.

This year marks 50 years of four-wheel-drive tractors in Winnipeg, Manitoba. Versatile was the first company to mass produce articulated four-wheel-drive tractors and is the only Canadian manufacturer of agricultural tractors. It was founded in 1966 by Peter Pakosh and Roy Robinson. It covers almost 700,000 square feet, with complete manufacturing and assembly capabilities and full research and development facilities.

Why would I bring that up now? The incredible tractors coming off this line, I would argue, are the best in the world because of the amazing individuals who put them together. We have markets around the world for these tractors. When a tractor is sold to another country, it creates opportunities for Canadians.

I often talk about Manitoba's pork industry. I had the good fortune to follow it through from being a consumer eating pork to actual production. I eat a little bit of pork, I must say.

I visited some of these farms. Hog farms today are quite different from when I was a teenager visiting family farms, where there would be a few pigs in a stall. Today they have large productions. The first room I walked into was a shower room, where people have to disinfect. The second room was a computer room, followed by large barn rooms with thousands of hogs. At a certain point, those hogs go to, in my case, Maple Leaf Foods in Brandon. I know that my colleague from Brandon—Souris is here, and he will attest to it. Go to Maple Leaf farms and see thousands--

[The Assistant Deputy Speaker, Anthony Rota]

I would remind the hon. member that it is not parliamentary to refer to whether other members are present in the House. It is a little odd, but I will let you continue.

[Kevin Lamoureux, Liberal, Winnipeg North, MB]

It is one of those newbie mistakes, Mr. Speaker.

My colleague from Brandon will attest to just how important those jobs are in Brandon. I believe that there are over 1,300 direct jobs. We have more pigs in Manitoba than we actually have people, so it is not Manitobans who are consuming all those hogs. Rather, what we have is a viable and strong industry. Why? It is because of trade. It is exports. Much like we manufacture the best tractors in the world, we have the best pork products in the world coming out of Manitoba. I might be a little biased, but the point is that it creates good, tangible jobs.

If we were to go out to the parking lot of Maple Leaf Foods, what would we see? There are a lot of cars, and those cars are purchased in Brandon and the surrounding area. The indirect jobs are real. This is not unique to Brandon or to Winnipeg or to our province. This is really all about Canada.

When we think of the World Trade Organization and what it embodies as an organization, in terms of both symbolism and tangible doors to exports, it means that Canada has the ability to export. Through exports, we create, literally, tens of thousands of direct jobs, not to mention the many thousands of indirect jobs.

This is why this is such an important issue for us. Voting for Bill C-13 is important for all of us. What we are really doing is acknowledging the many benefits of world trade. That is something our Prime Minister and our government have advocated strongly for. All we have to do is look at what has taken place in the last nine months under our Minister of International Trade and the parliamentary secretary and at the work they have done. We can talk about securing markets for our beef and pork. We can talk about the canola issue in my home province and the relationship with China. We are talking about $1 billion plus. These issues were resolved in a relatively short time and literally meant millions of dollars, if not tens of millions of dollars, for my province, let alone our country.

We can look at the formal trade agreements. When I listen to my New Democratic friends, at times there is a bit of a confusing message. I know, for example, that there was a lot of discussion at second reading, and even today, about CETA and the TPP. These are two very important labour trade issues. I look forward to ongoing debate in regard to them. The TPP is still under consultation. We are working very aggressively in regard to CETA.

[Lloyd Longfield, Liberal, Guelph, ON]

Mr. Speaker, it is my pleasure to rise in the House today to talk about this very important topic. It is said that governments do not trade; it is businesses within countries that trade. The previous government had about 55 trade deals signed and thought that the job was done, but our trade deficit continued to grow because businesses were not engaged.

This deal was signed in December 2013. Some amendments were made in 2014. By March 9, 2015, 54 member nations had signed on to this deal. In August 2016 there were 92 members. Now we are in a position where Canada is joined by the ranks of Argentina, South Africa, and Indonesia as the only countries in the G20 that have not signed on.

I have a question for the member from Winnipeg. The TFA would increase trade by modernizing and simplifying our customs and brokerage procedures and lowering trade costs. We have now done our work at the committee. We are following good parliamentary process and consultation. This was missing under the previous government. Could the member perhaps comment on whether this is our standard going forward with future trade deals?

[Kevin Lamoureux, Liberal, Winnipeg North, MB]

Mr. Speaker, we have set a very high standard going forward. We see that with the trade agreement with Ukraine. I made reference to the beef, pork, and canola issue. We hear what is being said about CETA. We understand and appreciate the importance of trade for all Canadians, Canada's middle class, and those striving to become a part of it. If we get the trade file right, we would create literally tens of thousands of jobs.

[Cheryl Hardcastle, NDP, Windsor—Tecumseh, ON]

Mr. Speaker, I have seen in the House in the past that people like to frame my caucus as being against trade. This is a great example of the kind of collaboration that we would like to use to achieve healthy agreements that facilitate trade. This is in contrast, of course, to the TPP, which is actually not a trade deal but an investor rights deal that undermines democracy and some of those frameworks.

With regard to the advantages of this deal, Bill C-13 would be advantageous to small and medium-sized businesses, as long as we can fortify our Canada Border Services Agency. I would like the member, if he could, to expand a little on the advantages for small and medium-sized businesses that have been disappointed by the government in the past. It would be important to reinforce those advantages today.

[Kevin Lamoureux, Liberal, Winnipeg North, MB]

Mr. Speaker, I will let the NDP defend its own position and how the public might perceive its position on trade.

It is important to recognize that even before the deal was out, the NDP was in opposition to the TPP. The Prime Minister has been very clear. He stated that while we can't make up for Canadians having been left out of the conversation by the previous government with respect to the TPP, we can do our utmost to give them every opportunity to have their voices heard now. That is exactly what this government is doing with regard to the TPP.

With regard to border controls and ways we can enhance and ensure that there is an easier flow of trade and commerce here in Canada, with a particular focus on our exports, this is something this government is aggressively pursuing.

[Garnett Genuis, Conservative, Sherwood Park—Fort Saskatchewan, AB]

Mr. Speaker, it is fascinating. I have to come back to this issue of the trans-Pacific partnership. The government has had quite a bit of time, but it has not even laid out a clear timeline in terms of where we are going on this decision. As I spoke about in my speech, this deal is economically significant for Canada, but it is also strategically important for Canada, because it is a way of ensuring that our values are reflected in our trading relationships with the Asia-Pacific region.

Will the member not agree that it is important that trade be in Canada's economic interest and reflect our values? Would he also agree that if the government still has not, after a year and after a lot of talking, finally made up its mind, it should at least say when it will make up its mind? It looks a lot like it is trying to punt this until after the American election. It looks like it is not actually listening to what Canadians are thinking but just wants to see where the winds blow internationally.

Will the government set a timeline, make a decision, and start leading on this important file?

[Kevin Lamoureux, Liberal, Winnipeg North, MB]

Mr. Speaker, the Government of Canada, under this Prime Minister, does not take a back seat on the issue of trade with regard to the former Stephen Harper government. The former Stephen Harper government did not actually get the puck in the net, which is what I believe the Minister of International Trade is saying. It took the Liberal administration to secure the Ukraine trade agreement. The CETA agreement is still not done. There are still negotiations taking place because of the former government's inability to get it done.

As for the TPP, we have made a commitment. The Prime Minister made a commitment that we would look at this. Even the United States and other countries have not ratified the TPP, so it is important for us to recognize that this particular government, and this is where I agree with the member, will do what is in the best interests of Canadians, first and foremost, and that includes doing exactly what the Prime Minister said, which is that we will consult with Canadians thoroughly with regard to the TPP and at some point in time it will be brought to the House of Commons.