Canada-European Union Comprehensive Economic and Trade Agreement Implementation Act

An Act to implement the Comprehensive Economic and Trade Agreement between Canada and the European Union and its Member States and to provide for certain other measures

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

Sponsor

Status

This bill has received Royal Assent and is now law.

Summary

This is from the published bill.

This enactment implements the Comprehensive Economic and Trade Agreement between Canada and the European Union and its Member States, done at Brussels on October 30, 2016.
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 14 or any order made under those sections, or on the basis of the provisions of the Agreement, without the consent of the Attorney General of Canada.
Part 1 approves the Agreement and provides for the payment by Canada of its share of the expenses associated with the operation of the institutional and administrative aspects of the Agreement and for the power of the Governor in Council to make orders in accordance with the Agreement.
Part 2 amends certain Acts to bring them into conformity with Canada’s obligations under the Agreement and to make other modifications. In addition to making the customary amendments that are made to certain Acts when implementing such agreements, Part 2 amends
(a) the Export and Import Permits Act to, among other things,
(i) authorize the Minister designated for the purposes of that Act to issue export permits for goods added to the Export Control List and subject to origin quotas in a country or territory to which the Agreement applies,
(ii) authorize that Minister, with respect to goods subject to origin quotas in another country that are added to the Export Control List for certain purposes, to determine the quantities of goods subject to such quotas and to issue export allocations for such goods, and
(iii) require that Minister to issue an export permit to any person who has been issued such an export allocation;
(b) the Patent Act to, among other things,
(i) create a framework for the issuance and administration of certificates of supplementary protection, for which patentees with patents relating to pharmaceutical products will be eligible, and
(ii) provide further regulation-making authority in subsection 55.‍2(4) to permit the replacement of the current summary proceedings in patent litigation arising under regulations made under that subsection with full actions that will result in final determinations of patent infringement and validity;
(c) the Trade-marks Act to, among other things,
(i) protect EU geographical indications found in Annex 20-A of the Agreement,
(ii) provide a mechanism to protect other geographical indications with respect to agricultural products and foods,
(iii) provide for new grounds of opposition, a process for cancellation, exceptions for prior use for certain indications, for acquired rights and for certain terms considered to be generic, and
(iv) transfer the protection of the Korean geographical indications listed in the Canada–Korea Economic Growth and Prosperity Act into the Trade-marks Act;
(d) the Investment Canada Act to raise, for investors that are non-state-owned enterprises from countries that are parties to the Agreement or to other trade agreements, the threshold as of which investments are reviewable under Part IV of the Act; and
(e) the Coasting Trade Act to
(i) provide that the requirement in that Act to obtain a licence is not applicable for certain activities carried out by certain non-duty paid or foreign ships that are owned by a Canadian entity, EU entity or third party entity under Canadian or European control, and
(ii) provide, with respect to certain applications for a licence for dredging made on behalf of certain of those ships, for exemptions from requirements that are applicable to the issuance of a licence.
Part 3 contains consequential amendments and Part 4 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

Feb. 14, 2017 Passed That the Bill be now read a third time and do pass.
Feb. 7, 2017 Passed That Bill C-30, An Act to implement the Comprehensive Economic and Trade Agreement between Canada and the European Union and its Member States and to provide for certain other measures, {as amended}, be concurred in at report stage [with a further amendment/with further amendments].
Feb. 7, 2017 Failed
Dec. 13, 2016 Passed That the Bill be now read a second time and referred to the Standing Committee on International Trade.
Dec. 13, 2016 Passed That this question be now put.

Canada-European Union Comprehensive Economic and Trade Agreement Implementation ActGovernment Orders

November 22nd, 2016 / 11:15 a.m.


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Conservative

Alice Wong Conservative Richmond Centre, BC

Madam Speaker, that is exactly what I have been looking for: a commitment from our current government to open even more trade markets. However, during negotiations, we should be aware of some of the barriers that might happen. That is why I mentioned a few shortcomings that the current government has not been able to handle. There is still work to do.

I must give credit to the current government for its hard work and to the whole team that has been working over a good number of years to make this a success. What we are looking for right now are the interests of Canada and all Canadians. This is exactly why, no matter what party we come from, our ultimate goal is to make sure that jobs are created and our interests are protected.

Canada-European Union Comprehensive Economic and Trade Agreement Implementation ActGovernment Orders

November 22nd, 2016 / 11:15 a.m.


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NDP

Sheri Benson NDP Saskatoon West, SK

Madam Speaker, my riding of Saskatoon West shares some of the same economic indicators as the member's. That is, there is a large service sector, where many of the jobs are. One thing I am trying to do in the debate today is get more than slogans on trade, such as “new jobs, new prosperity”. We do not get a lot of indicators of what kind of impact it is going to have, particularly on jobs.

My colleague talked about 80,000 jobs being created. I wonder if she could let me know in what area those jobs are going to be created, how soon that will happen, and whether it will happen in the service sector. She needs to explain how that will happen. For small and medium-sized businesses to take advantage of trade deals, they need support to scale up to participate. If she would like to comment, I would appreciate it.

Canada-European Union Comprehensive Economic and Trade Agreement Implementation ActGovernment Orders

November 22nd, 2016 / 11:15 a.m.


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Conservative

Alice Wong Conservative Richmond Centre, BC

Madam Speaker, this is exactly why I mentioned in my speech that the government should encourage SMEs to be prepared to go into this large market. At the same time, we would also like to make sure that all the barriers are gone, because there will be certain labour agreements that allow our service providers to provide their services not only in Canada but in the EU market. Usually those services are not easily accessed if we do not have a good agreement.

This is exactly why I applaud the current government for doing a good job. Now it should follow up. For SMEs, this is a very important step. In my own riding, engineers, accountants, and other financial consultants will have good opportunities to expand their businesses to Europe.

Canada-European Union Comprehensive Economic and Trade Agreement Implementation ActGovernment Orders

November 22nd, 2016 / 11:15 a.m.


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Argenteuil—La Petite-Nation Québec

Liberal

Stéphane Lauzon LiberalParliamentary Secretary for Sport and Persons with Disabilities

Madam Speaker, I am pleased to have the opportunity today to speak about cultural issues in the context of the Canada-European Union comprehensive economic and trade agreement.

Before getting into the specifics of the agreement, I would like to take a moment to remind members that, as a nation, Canada has developed a vibrant cultural sector. We know that over the years we have established many vibrant cultural institutions, a diversified publishing sector, a talented music industry, a stimulating digital media sector, and renowned film and television industries.

Cultural and creative industries are the engines of development and diversity, create jobs, which we spoke about earlier, and improve the quality of life for all Canadians. The cultural sector is a growing part of the Canadian economy and represents 3% of our GDP, or $54.6 billion in economic activities. More than 630,000 jobs, or 3.5% of all jobs in Canada, depend on this sector. Come to think of it, the creative industry is bigger than the agriculture, forestry and fishing industries combined.

Over the years, the government has used financial incentives, Canadian content requirements, tax measures, and various tools and policies regarding foreign investment and intellectual property in order to maintain a vibrant Canadian culture. The Government of Canada's cultural policy basically seeks to promote an environment in which Canadian cultural products are created, produced, marketed, preserved, and shared with the public both at home and abroad, thereby contributing to Canada's economic, social, and cultural growth.

Canada's cultural ecosystem has been very effective and successful throughout the world. Here are a few examples. Not only is Canada the third-largest exporter of musical talent in the world, but after a record year for Canadian artists on the 2015 Billboard charts, the success continues with the singles of eight Canadian artists ranked in the top 100 in the United States in 2016. Another example is the 21 Canadian Oscar nominees, including Denis Villeneuve, Rachel McAdams, and the Canadian-Irish co-production Room. In 2014-15, Canada's television and film production was valued at over $7 billion.

In order to create the right conditions for success and meet the objective of its cultural policy, Canada must retain the flexibility it needs to develop policies and programs. As a result, Canada's approach to international trade agreements, such as CETA, has always been to exclude measures affecting our cultural industries.

Although international trade agreements vary in how they deal with cultural polices and programs, Canada's objective in the negotiation of such agreements remains the same: to maintain the policy space required to meet our cultural objectives in order to promote the creation, exchange, and experience of Canadian cultural content; promote cultural diversity in Canada and abroad; and offer new export markets and new opportunities to artists and professionals working in the cultural sector.

CETA is no different, but we have found new ways to preserve our policy space to address cultural priorities. Since the Canada-U.S. free trade agreement was signed in 1987, Canada has included a broad major exception for cultural industries in its free trade agreements. For CETA, Canada adopted a more targeted approach by including exceptions to measures affecting the cultural sector in certain chapters that could have an impact on cultural programs and policies. Both parties agreed that this innovative approach will provide Canada and its trading partners with greater clarity and transparency with respect to future cultural policies.

The new chapter-by-chapter approach provides a much higher degree of protection than the general exception in previous free trade agreements. It will enable Canada to preserve its existing cultural policies and develop new ones without breaking trade rules.

Exceptions to measures affecting cultural industries are included in CETA chapters on cross-border trade in services, domestic regulation, investment, government procurement, and subsidies. These chapters include explicit exceptions for the cultural sector.

In CETA, as in all of Canada's free trade agreements, the definition of cultural industries includes books, magazines, periodicals, music, videos, films, and broadcasting. CETA sets a new standard for trade agreements with respect to culture.

CETA not only protects all Canadian cultural policies, it also enables us to innovate in promoting our cultural industries to attract new audiences in a rapidly growing international market. Europe is the biggest market in the world with over 500 million people in 28 countries whose combined GDP is $20 trillion.

CETA's preamble recognizes the UNESCO Convention on the Protection and Promotion of the Diversity of Cultural Expressions. As long-time partners that recognize the special role played by culture both economically and socially, Canada and the European Union fully support the principle set out in that convention. Those principles include maintaining the space needed to develop cultural policies, remaining open to foreign content, and ensuring international co-operation to promote the diversity of cultural expressions.

The UNESCO convention also reminds the parties that they need to think about how the commitments made in international trade agreements will affect their ability to achieve their cultural objectives.

Throughout the CETA negotiations, the Government of Canada consulted extensively with the provinces, territories, and stakeholders from a wide range of cultural sectors including books, film, television, music, performing arts, and visual arts. They all welcomed the new approach.

Before I conclude, I just want to reiterate that our government is committed to promoting Canada's cultural interests in the negotiation of all economic agreements as well as protecting and preserving the policy space necessary to pursue cultural priorities.

It is very important that our government enable Canadian creators and artists to take advantage of the opportunities that international markets and foreign audiences have to offer. As others have said, CETA is a top-notch agreement that offers access to the largest market in the world: 500 million people in 28 countries that represent a combined GDP of $20 billion.

The Minister of Canadian Heritage is currently consulting key cultural partners and stakeholders in order to determine the best way to take advantage of the opening of new markets such as Europe and to support Canadian cultural exporters. That is why budget 2016 included a $35-million investment over two years to support the promotion of Canadian artists and Canadian cultural industries abroad.

This is just the beginning, an important step in the process to re-establish and enhance Canada's cultural presence on the world stage, in order to ensure the global and lasting success of our cultural industries.

Canada-European Union Comprehensive Economic and Trade Agreement Implementation ActGovernment Orders

November 22nd, 2016 / 11:25 a.m.


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NDP

Linda Duncan NDP Edmonton Strathcona, AB

Madam Speaker, I have a specific question for the hon. member about the impacts on the dairy industry.

I have taken the time to stay in touch with the dairy industry, which is deeply concerned about the impact of this agreement. The industry is very concerned that the government is offering substantially less money than it promised during the election. They are grateful that they will be receiving some funding, but it will be matching funding. They have two questions, and I will put them to the member.

One, for this $350 million, will the money to administer this cost-share program come out of that fund or is it going to be added on to it? They are concerned that there will not be enough money for the dairy producers and processors.

Second, how quickly is this money going to flow so they can adjust to the new market conditions?

Canada-European Union Comprehensive Economic and Trade Agreement Implementation ActGovernment Orders

November 22nd, 2016 / 11:25 a.m.


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Liberal

Stéphane Lauzon Liberal Argenteuil—La Petite-Nation, QC

Madam Speaker, I thank my colleague for the question.

Given everything that was negotiated, the Canada-EU comprehensive economic and trade agreement is multi-faceted and covers sectors such as aerospace, agriculture, and food.

However, today my speech focuses mainly on culture, a sector for which we committed $35 million over two years to support the promotion of Canadian artists and Canadian cultural industries abroad. That is what we promised and that is what we are going to do.

Canada-European Union Comprehensive Economic and Trade Agreement Implementation ActGovernment Orders

November 22nd, 2016 / 11:30 a.m.


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Conservative

Garnett Genuis Conservative Sherwood Park—Fort Saskatchewan, AB

Madam Speaker, I want to follow up with a question that I asked a Liberal member yesterday but do not think I got an answer to.

Certainly, we support this trade deal. We think it is important. However, I am concerned about the global forces of protectionism that are obviously out there. I think it is important for Canada to respond to these and to make strong arguments on the benefits of open trade.

It was disappointing to see the Prime Minister, right out the gate after the election of the new president, basically throw NAFTA under the bus by saying that he would be prepared to completely renegotiate it. This is a deal that has worked very well for Canada. If the government, in the context of this trade deal, understands and appreciates the value of open trade, then why is the Prime Minister and the government not prepared to take a clear stand in support of NAFTA, a trade deal that we have had here for a very long time and that has worked very well for both our countries?

Canada-European Union Comprehensive Economic and Trade Agreement Implementation ActGovernment Orders

November 22nd, 2016 / 11:30 a.m.


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Liberal

Stéphane Lauzon Liberal Argenteuil—La Petite-Nation, QC

Madam Speaker, I thank my colleague for his question, even though it is a bit off topic with respect to my speech. My speech was about the Canada-European Union comprehensive economic and trade agreement, and today we are focusing on culture.

I understand that members may have questions about our trade agreements with the United States. However, today, we are promoting the Canada-European Union comprehensive economic and trade agreement and discussing how it affects Canadian artists. Artists in the member's riding could benefit from this agreement. This is a good agreement that affects various sectors. It will create jobs and capitalize on the European Union's GDP so that every Canadian working in the cultural community will be able to benefit from it in the future.

Canada-European Union Comprehensive Economic and Trade Agreement Implementation ActGovernment Orders

November 22nd, 2016 / 11:30 a.m.


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Conservative

Garnett Genuis Conservative Sherwood Park—Fort Saskatchewan, AB

Madam Speaker, first of all, I share the member's concern about supporting culture. I recognize the benefits that come from international trade, not only the economic benefits from our sharing together economically through mutually beneficial exchange, but also the cultural sharing that takes place in the midst of that economic exchange. However, I think it is fair to pose a question in the context of the discussion on international trade about where the current government is going when it comes to trade policy.

We have the continuation of previous trade agreements. We have this inertia, kind of, from the previous government. However, as soon as we had a new president in the United States who has been critical of NAFTA, the Prime Minister of Canada, right out of the gate, said he would be prepared to renegotiate it. I guess I want to know from the member what it says about the principal positions of the government, which on the one hand is supporting this trade deal with the EU, which we certainly agree with, but on the other hand is prepared to tear up a trade deal that has worked very well for Canada for quite a long time.

Canada-European Union Comprehensive Economic and Trade Agreement Implementation ActGovernment Orders

November 22nd, 2016 / 11:30 a.m.


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Liberal

Stéphane Lauzon Liberal Argenteuil—La Petite-Nation, QC

Madam Speaker, I thank my colleague for his second question.

Obviously, today's goal is to focus on the Canada-European Union comprehensive economic and trade agreement. I understand that the member has questions about the United States.

However, today, I would like to answer only questions regarding the principles that we established with the European Union that seek to maintain our policy space, make Canadian content available abroad, and most of all, maintain support for international co-operation. That also includes co-operation with the United States.

We do trade with the United States. However, today, we are focusing on the European Union.

Canada-European Union Comprehensive Economic and Trade Agreement Implementation ActGovernment Orders

November 22nd, 2016 / 11:30 a.m.


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Conservative

Todd Doherty Conservative Cariboo—Prince George, BC

Madam Speaker, we know that the investment protection portion of the investment chapter in investment-dispute resolution would not be provisionally applied by the EU Commission and member states when CETA comes into force. So the only thing the Liberal government changed in CETA to make it progressive would be rejected right out of the gate.

Will the Liberal member not admit that what has been agreed to between Canada and the EU is essentially the same agreement that was concluded in 2014 by the previous Conservative government?

Canada-European Union Comprehensive Economic and Trade Agreement Implementation ActGovernment Orders

November 22nd, 2016 / 11:30 a.m.


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Liberal

Stéphane Lauzon Liberal Argenteuil—La Petite-Nation, QC

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

Obviously, CETA affects a number of sectors. The member opposite is talking about different bilateral agreements that cover different areas. Today, I would like to talk about all the measures that are good for Canada. Our artists will be able to benefit from our trade with the United States. We can take advantage of a very high GDP and investments in this area, and this agreement will give Canadians access to 500 million people. We have the opportunity to establish a partnership with Europe, and that is what we are doing with this agreement.

Canada-European Union Comprehensive Economic and Trade Agreement Implementation ActGovernment Orders

November 22nd, 2016 / 11:35 a.m.


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NDP

Jenny Kwan NDP Vancouver East, BC

Madam Speaker, with respect to CETA, the new investor court system would still allow foreign investors to seek compensation from any level of government over policy decisions they feel impact their profits, and foreign companies would have access to special courts to challenge Canadian laws without going through their own domestic courts.

Canada is already one of the most sued countries in the world under investor-state dispute settlement provisions. Canadian companies have won only three out of 39 cases against foreign governments and the Canadian government has lost many NAFTA cases while continuing to be subject to ongoing complaints seeking billions of dollars in damages. The existing investor-state dispute settlement measures have contributed to a regulatory chill, in which government has failed to take action in the public interest that it fears may trigger an investor claim.

Given that this is the case, what the government is now asking us to do is to sign a blank cheque saying, “Trust us, it's all going to be good”. Would the minister sign a blank cheque with his own account in any other circumstance? I think not. If not, why would he ask us to support this?

Canada-European Union Comprehensive Economic and Trade Agreement Implementation ActGovernment Orders

November 22nd, 2016 / 11:35 a.m.


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Liberal

Stéphane Lauzon Liberal Argenteuil—La Petite-Nation, QC

Madam Speaker, I would like to thank my colleague for her question.

This agreement will help create jobs in various areas of publishing, music, digital media, and other areas related to culture and talent. I do not really see why we would be sued because it is a good agreement for industries that create direct and indirect jobs.

In fact, when you move a team to put on a show in Europe, for example, there are direct jobs for the artists, and indirect jobs for the support crew. There are also the manufacturers, the technology, and all the businesses involved directly or indirectly in the arts and culture. This will ensure that CETA will be good for Canada.

Canada-European Union Comprehensive Economic and Trade Agreement Implementation ActGovernment Orders

November 22nd, 2016 / 11:35 a.m.


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The Assistant Deputy Speaker Carol Hughes

The first five hours of debate on this issue has expired, and so the speeches from now on will be 10-minute speeches with five-minute questions and comments.

Resuming debate, the hon. member for Sherwood Park—Fort Saskatchewan.