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

[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.

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

Mr. Speaker, it is tragic to hear my friend mis-characterize the history of trade negotiations in this country so badly to say that the Conservatives did not get the puck in the net when we were in government.

Under the previous Conservative government, yes, the Stephen Harper government, we signed trade deals with countries representing over 60% of the world's GDP. The only trade deal comparable in size and scope to the deals that were signed under the previous Conservative government was the free trade deal with the United States, which actually was signed by another previous Conservative government. Clearly, it was the Conservative Party that was the only party that actually, in government, was able to achieve substantial results.

In terms of the trade record that the member keeps repeating, it is great that we have completed the process with respect to a free trade deal with Ukraine, but it obviously was a process that was well under way under the previous government. Will the member not recognize the positive record, the reality in terms of that, and stop misstating?

[Kevin Lamoureux, Liberal, Winnipeg North, MB]

Madam Speaker, in fairness to the member, I will give the Harper government credit for the Honduras and Panama agreements. However, it is wrong for the Conservatives to believe that they actually completed something in regard to CETA, because it is not a done deal. This is something that our current minister is aggressively pursuing and is constantly being requested by countries abroad to cross the Atlantic to try to remedy the many different issues that are still outstanding. Therefore, to try to give Canadians the impression that this is a Conservative agreement is wrong. The member also made reference to 60% of trade around the world being done through the Harper government, which is just not true.

However, not to fear, we understand that in order to get the job done we have to put all the players on the ice in order to score a goal. Under this government, we have a number of players who are quite keen to be on the ice to make sure that the puck gets into the net. We all hope, because it is in Canada's best interests, that we are able to accomplish something that the former Harper government was not able to.

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

Madam Speaker, the member talks about wanting to be on the ice, but the Liberals have not even decided which net they are trying score in here. One has to know which direction one is going if one wants to achieve results when it comes to trade.

I would ask my friend one more time. If he cannot tell us what the government is going to do with respect to the trans-Pacific partnership, can he at least tell us when it will make up its mind? When will this process of never-ending consultation actually be complete?

[Kevin Lamoureux, Liberal, Winnipeg North, MB]

Madam Speaker, the bottom line is that we can talk about the TPP, CETA, and all the other trade agreements, but when the Harper government took office, the Conservatives had a multi-billion dollar surplus in trade. They converted it into a multi-billion dollar deficit. The bottom line is that the Conservatives are not that great at trading.

[Randy Hoback, Conservative, Prince Albert, SK]

Madam Speaker, it is great to come up and speak to Bill C-13. Before I go on, I want to recognize that I am sharing my time with the member for Chatham-Kent—Leamington. He is such a great member, and another good member of the committee. I will talk a bit more about him later.

Being a member of the trade committee, I do want to compliment the committee on how well the members worked together in getting this agreement done. I want to compliment the committee because this is something that we actually worked on together and got it through.

I also want to highlight the fact that there has been lots of discussion of Bill C-13. I do not think I need to repeat all that. I think we all know what Bill C-13 is, but I do want to highlight one thing. This agreement would just enforce things that we are already doing at our borders and customs. It would bring the world level up to the Canadian level. It is very important to highlight the fact that other countries in the world looked at the Canadian system that was, under the Conservative government, pretty good, and said that they agreed and they were going to bring their systems up to the Canadian system as it was under the Conservative government. Let us hope the Liberals do not drop the ball on that one.

Sixty per cent of our GDP is reliant on trade. Canada is a trading nation. In order for Canadians to succeed and thrive and have strong families and the quality of life they deserve, we have to sell things abroad. However, people love what we have to offer. The parliamentary secretary talked about tractors out of Winnipeg. Ukrainians love those tractors. Americans love those tractors. There are so many Versatile tractors in Australia it is unreal, and so many Versatile tractors in Ukraine. I know first-hand because I worked in that sector.

However, the member could have also talked about MacDon Industries out of Winnipeg. Again, the machinery it makes is sold all over the world, and it is so good at it that big companies like John Deere, New Holland, Case, and AGCO would rather just buy from these guys. They know they do it so well, so why compete? Just let them do it. That is a great company out of Winnipeg.

Then manufacturers out of Saskatchewan are Bourgault Industries, Morris Industries, Seed Hawk, Conserva Pak, and Flexi-Coil, the company I used to work with, which is part of New Holland now. These guys sell machinery around the world.

The interesting thing about this machinery, and it kind of ties into the carbon sequestering comments, is that they have been sequestering carbon with no-till probably for 12 to 15 years now. They have been sinking that carbon in the soil by going no-till. They have reduced erosion. They have reduced their chemical and water usage. It used to be that a crop in the Prairies needed about 12 to 15 inches of rain to go from planting to harvest. If there was not that amount of rain, the farmers would not get a crop. I was talking to a farmer this past summer and he said that if he had four inches, he would get a crop. He said he had such great organic material in his soil it was second to none, so his fertilizer use is going down and his chemical use is going down, and his yields are going up. That is all based on innovation in Saskatchewan and in western Canada, which now the rest of the world is embracing and wants to buy. We have to make sure those people get access to it.

Bill C-13 will go through the House I assume unopposed, and it should. All the heavy lifting was done in the committee, and the committee did a great job. That is where I want to talk about the member for Chatham-Kent—Leamington. He was sitting there and he was so co-operative, providing positive input, and moving the bill forward. This is the type of co-operation that Canadians want to see on something as simple as this, because it is so good for all of Canada to have it go through. There is no reason to play politics with it and it never happened. There were no politics played with this one. It actually moved forward and came back to the House. I assume it will go through very quickly here also.

However, I do have to talk about CETA and about TPP. It would be a shame to let the parliamentary secretary get away with some of the comments he made there.

On CETA, we gave the Liberals the playbook. When the Liberals took government, CETA was done. They had to make a few little adjustments and then they had to get it across the finish line. To say that they are out renegotiating the CETA deal is just not right.

TPP is one thing that I think we need to really embrace. When we have CETA and we have TPP and Canada is in the middle, look at the customers we have and look at the spending power that the customers have to buy our products.

When I was the marketing manager for seeding equipment in eastern and western Europe and into the Ukraine, one of the problems we always had was getting cash for our product. These markets in western Europe are rich markets. These markets in Asia are wealthy markets. They have the money to buy the goods that we build and create, and to buy our technology. They want it. We have to give them access to it. We need to have trade agreements like CETA and TPP to do that.

What is really confusing for our manufacturers, farmers, and other service sectors here in Canada is when they see something like TPP they say, “It is great. It is going to open up this whole market. The Japanese are going to be in it now. I am going to have access to sell my beef into that market tariff free”. Then they see the Liberals just saying that they are going to restudy it.

I find that really interesting. They say we did not consult; Conservatives did not consult. I asked who was told they could not participate in the consultations; who asked if they could be involved in the consultations to whom we said no. I cannot find anybody. Anybody who wanted to be consulted, who wanted to consult with us and be part of the process, could have. The process was there.

The witnesses who come in front of the committee on TPP—because we have been studying it now for almost a year—are saying that this is the third or fourth time they have made their presentation on this topic and are asking why they are doing it again.

The sad thing about it is that we will do the report, it will come back into the House, hopefully the Liberals will see the light of the day and actually bring in legislation, and then it will go back to the committee. Then we will do it for a fifth time.

Is that a good use of resources? I do not think so. I think Canadians would be very upset if they realized what a dog and pony show is going on with these TPP consultations.

It is one thing to talk about the importance of trade, and it is one thing for some parties to say that they are pro-trade when they are not, and it is quite obvious in how they go about conducting themselves. It is quite obvious in how they go and ask the questions, how they conduct themselves in committee, and how they conduct themselves here in the House.

Some parties just do not understand the importance of trade. They do not understand that Canadians can compete with anybody in the world. They are not scared to compete. Our small and medium enterprises are not scared to go out and compete with anybody in the world. If they are given a level playing field, they will compete.

What they are concerned about is having things forced upon them, like a carbon tax that brings up their costs and that their competitors do not have. Look at a situation where there is a product made with hydro out of Manitoba, which is very green power, and yet they are competing against somebody making something in China, using coal. They can look at that and say they are paying a carbon tax with green power and losing market share because their costs are so high, but the same product made in China with coal power is now coming in and taking their market. That is what is concerning them about this carbon tax.

That is why it is very dangerous for one jurisdiction to move into situations like this, on a carbon tax or a green power program like the one they did here in Ontario, by itself without having other jurisdictions follow. If we have a true commitment to reduce global warming and carbon, then we have to do it as a globe. That means it has to be a level playing field across the globe. We cannot give preferential treatment to other areas of the world and expect Canadians to bear the brunt of it.

When I look back to trade, I also want to highlight some of the other things that are very important about trade. We can talk about the Honduras deal. That is a deal that will hopefully help Honduras and the people of Honduras establish themselves in a quality of life that actually will help them raise their families, get educated, and get good jobs, so they can turn away from violence and crime and just have a good job and be able to go home and spend time with their family, go to church on Sunday morning. That is what they really want, but when they are not given the opportunities to sell what they have and they do not have the opportunities to have investment into their country, then that does not happen. What happens is they relate to crime and other things.

I will stop right there and take questions on this. The reality is that Bill C-13 should be done. It should go through here with no problem at all. I look forward to seeing TPP come forward. I am looking forward to CETA coming forward. I think that is a trade deal to which everybody in Canada is looking forward.

As one last point, I was talking to some lobster guys in Nova Scotia. Do members know how much lobster is being shipped because of TPP and other trade deals now? The impact of trade deals and what they do for people's quality of life is amazing. Do members know who is driving the new trucks in Nova Scotia? It is lobster fishermen. That tells us of the impacts of trade deals. These guys have a better quality of life, and they buy a truck. Where is the truck made? It is made in Ontario. I cannot see how that can be a bad thing.