Bill C-30 (Historical)

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 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.

Canada-European Union Comprehensive Economic and Trade Agreement Implementation Act

[Kevin Lamoureux, Liberal, Winnipeg North, MB]

Mr. Speaker, I was a bit taken aback by the member's statement about 50 trade agreements. Fifty plus trade agreements is just not true. Twenty-eight of those agreements are included in the debate we are having today. The 28 countries the member just made reference to are a part of the bill we are debating today. Technically, it was the current Prime Minister who signed off on those 28 of the 50-plus countries for which the member just tried to take credit.

I would ask the member to recognize that the Conservatives did not get the job done, and that has been made evident in the last year. Our Minister of International Trade and other government departmental officials have been overseas, trying to clear up the areas where the Conservatives failed. That is what they need to realize.

The Conservatives should stop saying there were 50-plus agreements under the Harper government because that is just not true.

[Michelle Rempel, Conservative, Calgary Nose Hill, AB]

Mr. Speaker, even if we used the number 28, 28 minus five is a lot more than the Liberals did.

I believe if we are to talk about not getting it done, those are the exact words the government's trade minister used when she tearfully emerged from a meeting several weeks ago. I would be very careful using those words in the House if I were the parliamentary secretary to the government House leader.

[Brian Masse, NDP, Windsor West, ON]

Mr. Speaker, since I have been here, there have been several trade agreements signed, or trade investment promotions and protection agreements. They are kind of the precursor to that.

I will name some of the countries involved: Peru, Panama, Romania, Senegal, Slovak, Nigeria, Korea, Kuwait, Tanzania, Liechtenstein, Mali, Jordan, Latvia, Benin, Burkina, Columbia, Guiana, Hong Kong, and Ukraine. The claim by the Conservatives is that the current government has not created a single job. If that is so, why do we have all these trade agreements? Where are the specific jobs? For example, what jobs have been created from the trade agreement with Liechtenstein?

[Michelle Rempel, Conservative, Calgary Nose Hill, AB]

Mr. Speaker, we never know when we are going to need Liechtenstein. I am so glad we have a trade agreement with it. These types of agreements send a message to the world. They send a message to global capital that Canada is open for business, to invest here, create jobs here and do business with us.

When we think about it, especially in the context of this agreement, Canada is in such a unique position in our capacity for attracting business, given the rhetoric we hear in the U.S. right now, where it sounds like it wants to close its border to trade.

Again, I want to re-emphasize and close by saying this. Our former government delivered this on a silver platter, with some chocolates and caviar, to the Liberal government to sign and take credit for. That is fantastic. I am glad we kicked it over the goalpost.

Now this is about how the government positions Canada to take advantage of this agreement. High debt, high taxes, uncertainty in the regulatory system, no commitment to retrain skilled labours are all very negative things that will put a chill on the effects of this agreement. That is what we should be focused on.

[Ruby Sahota, Liberal, Brampton North, ON]

Mr. Speaker, thank you for allowing me this opportunity to speak about the wonderful Canada-EU comprehensive economic and trade agreement, popularly known as CETA.

This landmark initiative will increase prosperity across society in a manner that conforms with important societal values. It is the most progressive agreement Canada and the European Union have ever negotiated. It is also a groundbreaking agreement in opening the doors to increased access to the EU market for Canadian companies. CETA sets new standards in trade in goods and services, non-tariff barriers, investments, government procurement, as well as other areas like labour and environment.

The economic benefits to both Canada and the EU will be significant. Experts predict that once implemented, CETA will increase bilateral trade in goods and services by more than 22%, fostering growth and employment on both sides of the Atlantic.

Just as important, the agreement will also help facilitate investment in each other's territories, a significant factor in achieving prosperity and job creation. Foreign direct investment is an important driver of economic growth, with new investments by foreign firms able to provide a boost to national income and create jobs for Canadians. FDI can also promote trade by facilitating value chain linkages and improving access to new technologies.

A shining example of the benefits that European investment has brought to Canada is Europe's largest engineering company and manufacturer of medical diagnostics equipment, Siemens AG. The German engineering and electronics conglomerate has been operating in Canada for over 100 years. Headquartered in Oakville, Ontario, Siemens Canada has more than 60 facilities across the country and more than 4,800 employees delivering solutions in knowledge-based industries, such as sustainable energy, intelligent infrastructure, health care, and the future of manufacturing.

This includes investments such as the Smart Grid Centre of Competence that was opened in January 2013 in Fredericton to support New Brunswick Power and the modernization of its electricity system in a multi-year partnership.

In February 2014, Siemens became a founding partner of the Advanced Energy Centre, within the MaRS Discovery District in Toronto. This centre's mission is to foster the adoption of innovative energy technologies in Ontario and Canada, and to leverage those successes and experiences into the international markets.

These investments are examples of how investment from the EU, which will be further facilitated by CETA now, will maximize the potential of Canada's highly educated workforce and foster its continued development while working toward the betterment of Canadian and global societies through technology.

Let me give an example. Last year, Canada's direct investment in the EU totalled $210 billion while European investment in Canada totalled $242 billion. CETA includes provisions aimed to facilitate increased investments, providing investors with greater openness, stability, transparency, and protection of their investments.

While the agreement helps to promote EU investment in Canada, it also provides advantages and protections to Canadian companies seeking to expand their footprint in the world's second-largest economy. CETA includes provisions to facilitate investment, to protect investors against such practices as discriminatory treatment, uncompensated expropriation, arbitrary or abusive conduct, and to ensure that capital may be freely transferred.

CETA's obligations are backed by a mechanism for the resolution of investment disputes, including both a first-instance tribunal and an appellate tribunal. When an investor submits a claim, the permanent and independent tribunals will determine whether a governmental measure is inconsistent with CETA's investment obligations and whether the investor has suffered a loss as a result.

One of the most important things our government did after taking office was to listen to the critics of CETA, both in Canada and in Europe, and to understand some of the legitimate anxieties people had.

We heard many concerns regarding investment in CETA. We have worked with Canadians, including industry and civil society alike, and with our EU partners to address these concerns to prove that a progressive trade policy, like CETA, is needed and possible in Canada.

Our government made changes to the mechanism for the resolution of investment disputes. We established a permanent tribunal and appellate tribunal, whose members are selected by Canada and the EU for fixed terms. We also introduced more detailed ethical requirements for members of those tribunals.

The CETA negotiations provided a great opportunity to innovate, and our government fully seized that opportunity and developed a new and improved approach to investment chapters in Canada's free trade agreements.

The changes we made to CETA in addressing the important issues voiced by Canadians and EU citizens alike represent a starting point in the development of the government's progressive trade agenda. It is an agenda that is linked to the government's domestic policy, focused on reducing inequality and enhancing our inclusive growth through such things as investment in infrastructure and increasing the child benefit. The idea is to ensure that trade policy makes more meaningful contributions to this overall agenda and that trade is done in a way that Canadians believe works for them.

Canada will continue to seek and implement innovative ways to enrich the economic relationship we have with valued partners, with the aim of achieving prosperity for all. However, it is important to our government that we ensure this is done in an inclusive and responsible manner. We are seeing this realized in CETA before our very eyes. This is a great first step.

[Ziad Aboultaif, Conservative, Edmonton Manning, AB]

Mr. Speaker, the member mentioned innovation and all the good stuff, or maybe the long-term stuff that may or may not be done, but there was nothing on productivity. Could she be specific on the impact this agreement would have on productivity and in putting Canada in a proper competitive position with the other nations we would be trading with?

[Ruby Sahota, Liberal, Brampton North, ON]

Mr. Speaker, my colleague asks a great question. Productivity is at the heart of this agreement. With this agreement, Canada has a lot to benefit from, and so do its businesses. The EU is one of the largest exporters and our second-largest trading partner at the moment.

For example, with just the automotive sector in my city of Brampton, we have a Chrysler plant whose production and productivity would benefit greatly from this agreement. Currently, it exports about 14,000 cars to the EU, but this agreement gives us that edge to amp up productivity in these manufacturing sectors, because now, according to CETA, Canada can export up to 100,000 vehicles a year without any tariffs, which our American counterparts cannot. It has a 10% tariff. This will increase productivity among all our small, medium, and large businesses, and will be a great investment for Canada in our businesses.

[Gord Johns, NDP, Courtenay—Alberni, BC]

Mr. Speaker, I want to thank my hon. colleague, whom I serve as co-chair of the all party entrepreneur caucus with.

We have heard Conservatives talk about the 50-plus trade deals they have done over the last decade. What we have seen in the last decade in my riding of Courtenay—Alberni and in coastal British Columbia is raw logs not just double or triple, but actually go up 10-fold in 10 years. We have lost thousands of jobs in the forestry sector. We have seen canneries close on the north coast, losing 400 jobs so we can send our fish to China to get filleted and then sent back to be on our grocery store shelves. Most of those lost jobs, 80%, are of indigenous people.

We have seen the Liberals do trade at all costs, removing a 25% barrier to build ferries here in British Columbia and instead shipping those jobs to Poland and Turkey.

Therefore, I want to ask the member, what is this trade deal going to do differently than giving away jobs to other countries? Will it create fair trade and protect Canadian jobs? I ask because we are not seeing that. A lot of people in coastal B.C. have a lot of questions about what this trade deal is going to do for them.

[Ruby Sahota, Liberal, Brampton North, ON]

Mr. Speaker, actually, this agreement does the exact opposite.

I think this is one of the greatest trade agreements that Canada has entered into. As I said earlier, the EU is one of the largest importing countries. The 28 countries that comprise the EU are huge importers, including of Canadian goods. Therefore, we stand to benefit largely from this trade deal. It will increase bilateral trade by 20% annually. It will boost Canada's income by $12 billion annually.

The economic benefits of this agreement are equivalent to creating 80,000 new jobs and increasing the average Canadian household income by $1,000. This is going to be a great news story for Canada in the years to come.

[Todd Doherty, Conservative, Cariboo—Prince George, BC]

Mr. Speaker, I first want to address my hon. colleague from the NDP about the raw log exports from British Columbia. If coastal communities did not have that opportunity, those jobs would not be there. Those raw log exports actually support jobs in coastal communities, which have been hardest hit from the downturn in our forestry industry. So those jobs and those raw log exports serve a purpose.

However, we are here talking about CETA, and the Liberal government has been talking to the Atlantic provinces about the CETA investment fund for Atlantic provinces, who will have to adjust some of their processing techniques.

Can the member guarantee that her government is going to fulfill its obligation to the Atlantic provinces and the fishers who will be impacted by this agreement?

[Ruby Sahota, Liberal, Brampton North, ON]

Mr. Speaker, as I stated in my speech, CETA basically includes provisions to facilitate the establishment of investment and to protect investors against discriminatory practices. The provinces that may have had some hesitations initially were all engaged by our minister and have gone through these discussions. This is why these provisions were included in the new improved agreement. This is why we have created these tribunals to address these issues.

Once again, I cannot stop mentioning the fact that the EU is a market of 500 million consumers that Canadians can export to. This is a great victory for Canadian businesses, and it should be seen as such.

[Linda Lapointe, Liberal, Rivière-des-Mille-Îles, QC]

Mr. Speaker, I am proud to rise in the House today to speak to 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.

Having had the unique opportunity of sitting on the Standing Committee on International Trade for almost a year now, I can attest that we have dealt with a number of priority issues, including the Canada-European Union comprehensive economic and trade agreement, or CETA.

Personally, I believe that implementing CETA and passing Bill C-30 is a real Canadian success. Many economies were hit hard by the 2008 world economic crisis, and even as we speak, some nations are still dealing with systemic social and economic challenges.

Fortunately, Canada has recovered, and so has the province where I was born, Quebec. During the economic crisis, our policies were applauded, and now we appreciate how lucky we all are to be Canadian.

When I was a member for the riding of Groulx in the National Assembly from 2007 to 2008, I can recall a number of conversations behind the scenes about the possibility of implementing an ambitious and exclusive trade deal between Canada and the European Union.

Back then, the idea was that, once CETA was implemented, Canada would have access to the two largest economic markets in the world: our natural ally, the United States; and Europe's major economies. At the time, the purpose of implementing such a massive trade agreement was to diversify our economy.

Now that it is really happening, I feel very privileged to participate in the debate on Bill C-30 as the member for Rivière-des-Mille-Îles. However, we must be clear-headed about this because we all saw what happened in 2008. The reeling U.S. economy had a major impact on Canada and its provinces and territories too.

The main purpose of the Canada-European Union comprehensive economic and trade agreement is to diversify our economy because it is never a good idea to put all our eggs in one basket. Greater access to European markets is the natural next step because we have similar values and we want to strengthen our ties to our allies.

I am especially proud to be part of a government that will go down in history for building stronger ties with Europe. Our inclusive values, our belief in innovation, our progressive philosophy, and our professionalism have not only charmed Europe but have also secured the implementation of a quality trade agreement that will benefit Canada in many ways. Trade leads to growth, and growth leads to more jobs here in Canada and in our communities.

It was a pleasure for me to see the government officially sign CETA at the Canada-European Union Summit on October 30. This historic signature represents one more step toward implementing CETA. It goes without saying that, behind this treaty, there are men and women who have been standing up for Canada's most profound interests at the negotiating table since 2009. It is vital that we recognize their important work and their passion for implementing an agreement that will demonstrate Canada's and Europe's leadership on an inclusive and progressive approach to international trade.

I know that this agreement will result in growth and real opportunities to strengthen the middle class. As the world's second-largest economy, the European Union market represents an unprecedented opportunity for Canadian businesses.

The implementation of CETA will have an unprecedented impact on a number of businesses in my riding. The aerospace industry, the parts manufacturing industry, and the innovative technology industry in Rivière-des-Mille-Îles, for instance, will be able to increase their production now that the European markets have opened to them.

As a result of this agreement, more Canadians will be working, the innovation chain will grow, and small and medium-sized businesses across the country in every sector will thrive.

The agreement has a number of chapters that are worth noting in the House.

First of all, CETA will provide privileged access not only to commodities and processed products, but also to the EU services sector, which is one of the most developed in the world. Conversely, it is our services sector that will benefit the most from the agreement, since the EU is the world's largest importer of services.

CETA also includes an important chapter on the environment and sustainable development, which are values that this government and European governments hold dear. With this trade arrangement, Canada continues to show environmental leadership on the international scene. The European Union understands, just as we do, that in order to leave a healthy planet for our children and future generations, we need to act now.

Furthermore, Canada can take advantage of an important opportunity presented by CETA, which includes a detailed framework for the mutual recognition of professional qualifications. This important provision will help guarantee labour mobility, as well as the mobility of brain power between Canada and Europe. This measure allows not only labour forces to move freely, but also ideas and best practices. Absolutely everyone wins.

As a member of the Standing Committee on International Trade, I would like to reiterate my support for Bill C-30 and for all of the provisions that bring into force one of the most progressive trade deals that has ever been on the table. Canada will benefit in many concrete ways from CETA, which will enable Canadian companies and small businesses to seize new business opportunities and diversify Europe.

Canada is a highly educated nation. We have an extremely skilled workforce, and the knowledge economy is the economy of the future. We can all be proud of signing this agreement and opening new markets with Europe thanks to the Canada-European Union comprehensive economic and trade agreement .

[The Deputy Speaker, Bruce Stanton]

The hon. member for Rivière-des-Mille-Îles will have five more minutes for questions and comments when the House resumes debate on this motion.

The House resumed consideration of the motion 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, be read the second time and referred to a committee.

[The Speaker, Geoff Regan]

We have five more minutes for questions and comments on the speech by the member for Rivière-des-Mille-Îles.

The hon. member for Sherbrooke.