Unfortunately the time is up for the member's speech, but I am sure he could finish it in a few minutes during questions and comments.
Questions and comments, the hon. member for Essex.
This bill was last introduced in the 42nd Parliament, 1st Session, which ended in September 2019.
Chrystia Freeland Liberal
This bill has received Royal Assent and is now law.
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.
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.
Canada-European Union Comprehensive Economic and Trade Agreement Implementation ActGovernment Orders
The Assistant Deputy Speaker Carol Hughes
Unfortunately the time is up for the member's speech, but I am sure he could finish it in a few minutes during questions and comments.
Questions and comments, the hon. member for Essex.
Canada-European Union Comprehensive Economic and Trade Agreement Implementation ActGovernment Orders
NDP
Tracey Ramsey NDP Essex, ON
Madam Speaker, I heard a lot of points in the member's speech, especially around beef. There are still some non-tariff issues that exist in CETA. There still are some concerns by cattlemen on being able to get that product in. It is often non-tariff that actually prevents them from seeing the benefits of that tariff reduction. There are still some issues that need to be fixed around beef and exports, and that comes straight from their presentation to us at the committee level.
My question for the member is something about which he did not speak, and that is the cost of drugs for Canadians. Twenty-five per cent of the agreement speaks to patent changes that will impact every Canadian, all Canadians who are already experiencing the high cost of drugs. I have people in my riding every day in my office. They are struggling to pay the costs of medication. Affordable medication in our country is a serious issue, and I would hope it would be a serious issue for the member as well.
Could the member speak to how it will impact his riding to have seniors and people who will struggle with the cost of medication because of the changes in CETA?
Canada-European Union Comprehensive Economic and Trade Agreement Implementation ActGovernment Orders
Conservative
Larry Maguire Conservative Brandon—Souris, MB
Madam Speaker, it is a concern, but as I said in my presentation, every province had opportunities to make those issues known during the negotiations within Canada for CETA. It was done transparently, and every province bought into the process.
I am very aware, having come through the farming community, of the types of generic products that have come forward in the medical field as well. As these become more opportunities for trading, perhaps we will even end up with more pharmaceutical opportunities in the marketplace. It is yet to be determined whether the price of these drugs will go up, as the member has indicated.
Canada-European Union Comprehensive Economic and Trade Agreement Implementation ActGovernment Orders
NDP
Matthew Dubé NDP Beloeil—Chambly, QC
Madam Speaker, I thank my colleague for his speech.
Let us look at the Brexit fallout. Some 42% of Canada's exports to the European Union go to the United Kingdom.
I will not get into Great Britain's internal politics because that is all kind of up in the air right now. That is actually a good reason to take a step back and consider the impact of Great Britain's possible exit from the European Union on the deal.
My colleague rightly praised the Canadian negotiators. However, I feel certain that, when the agreement was negotiated, the negotiators took into account Great Britain's considerable share of Canadian exports to the European Union.
What impact does the member see that having on the agreement? Has the government truly taken that impact into account?
Canada-European Union Comprehensive Economic and Trade Agreement Implementation ActGovernment Orders
Conservative
Larry Maguire Conservative Brandon—Souris, MB
Madam Speaker, I am not as pessimistic as my colleague is about the opportunities that lie before us. I still believe they will be great. That is like saying we should not continue to negotiate the TPP because the United States says that it may not want to be a part of it.
We have a great opportunity here to continue with the growth. I had an opportunity to be on a trade mission to England with our former trade minister. We looked at the amount of seafood products the British wanted to have from Canada. They wanted more shrimp, lobster, Arctic char, and just about every type of seafood we could offer.
The Brexit agreement has made a change. Whether England continues to negotiate those concerns within the European Union is something that it, as my colleague indicated, will have to do within its own legislative forum.
However, I believe we will continue to have those opportunities. If we do not, that is why we need to continue to have the diversification of markets I referred to earlier.
Canada-European Union Comprehensive Economic and Trade Agreement Implementation ActGovernment Orders
November 23rd, 2016 / 5:05 p.m.
NDP
Cheryl Hardcastle NDP Windsor—Tecumseh, ON
Madam Speaker, there are a mere handful of protections between average citizens and the predatory nature of global capitalism. The most important of these is a strong sovereign state with the regulatory power to champion the needs of its citizens over those of the non-human entities of global finance and multinational corporations.
In a 2012 dissenting opinion to a CETA-related trade committee report, the Liberals called for further consultation with Canadians on CETA. Now, the trade committee has already passed a motion in camera that will restrict written submissions to only the witnesses selected to appear.
On the other hand, the committee held dozens of meetings on the TPP. It heard from over 400 witnesses and received written submissions from approximately 60,000 Canadians. With 95% of submissions critical of the TPP, it is no wonder that the government does not want to hear from Canadians on CETA.
The sheer determination of the current Liberal government to get CETA ratified despite the genuine concerns and protestations of citizens groups across the European Union and Canada demonstrates to the world what its true priorities are. These priorities are the extension of global corporate rule into every remaining space in the Canadian economy.
For Liberals, it is as if they have had no lessons to learn from Brexit or the Trump phenomenon. Rather, as I suspect, it is as if they wish to get these deals done before we in this country reap the Canadian variants of these whirlwinds.
Let me be clear. The NDP supports deepening the Canada-EU trading relationship to diversify our markets, but there remain significant concerns and unanswered questions about this proposed deal.
As I mentioned before, when the Liberals themselves were in opposition, they agreed with the New Democrats that more consultation and analysis were needed on CETA. However, the minister has ignored calls for the removal of investor-state rules, refused to address the rising costs of prescription drugs, and neglected to consult Canadians.
The underlying point here is that Parliament is essentially being asked to write a blank cheque on this implementation bill, despite the fact that each of the 28 EU member states will have to ratify CETA for all of it provisions to apply, a process that is expected to take between two to five years.
I ask, as others here have, what is the hurry? What is the government trying to ram through here? Why is it not letting parliamentarians undertake due oversight when there is obviously enough time for us to examine the bill?
Indeed, there is plenty of time to engage with other signatory members, the EU countries, who are also alarmed by the investor-state dispute mechanism. New Democrats support trade deals that reduce trade tariffs and boost exports, but we will always remain firm that components like investor-state provisions that threaten our sovereignty have no place in trade deals.
In February of this year, during CETA's legal scrubbing phase, the minister announced changes to the ISDS provisions that are supposed to improve transparency and strengthen measures to combat possible conflicts of interest of arbitrators. However, the new investor court system, the ICS, still allows foreign investors to seek compensation from any level of government over policy decisions they feel impact their profits. Foreign companies will have access to a special court system to challenge Canadian laws without going through the domestic courts.
This is deeply concerning, as Canada is already one of the most sued countries in the world as a result of the dispute mechanisms we have already agreed to. Canadian companies have won only three 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.
Existing ISDS measures have also contributed to a regulatory chill in which governments fail to take actions in the public interest that they fear may trigger an investor claim. One thing we have learned very quickly from reading trade agreements over the years is that the priorities of global finance and global corporations are always front and centre in these deals and are always binding. It is environmental, labour, and general human rights concerns that are always relegated to side agreements, where they are non-binding and voluntary. It is strange how that happens.
Witness the so-called joint interpretive statement concerning the investor court system I mentioned earlier. This statement was negotiated as a way to placate the concerns of ordinary citizens who worried that these courts cede far too much of their nation's sovereignty to bodies that are not subject to domestic democratic oversight. Was CETA amended so that these concerns could be included? No, it was not, oddly enough. The joint interpretive statement falls outside the text of the treaty, and therefore would not have full legal weight. We can be absolutely sure this is no accident.
Likewise, the chapter in CETA on intellectual property rights goes well beyond Canada's existing obligations. The increased patent protections granted to brand-name pharmaceuticals would have the effect of delaying the arrival of cheaper generics and would increase the cost of prescription drugs to Canadians by between $850 million and $2.8 billion per year. This is a cost that I do not think seniors are prepared to take on. Furthermore, I would argue that it would hamper any efforts to bring in a national pharmaceutical strategy, both at the federal level and in what individual provinces are trying to do with their already ballooning health care costs.
In opposition, the Liberals demanded that the Conservatives present a study of the financial impacts on provincial and territorial health care systems and prescription drug costs. In government, the Liberals are telling provinces that they will cut health care transfers while pursuing agreements that risk increasing drug costs for the provinces.
Most distressing for me, as someone from municipal politics, is the minimum local content policies that could be compromised, even outlawed, above a certain threshold, even in municipal and provincial government procurement. I ask members to think about that and about the initiatives they have worked on when representing people at the municipal level of government, as I know many members have done.
As noted by the Canadian Centre for Policy Alternatives, these provisions would likely threaten very popular buy local food programs at provincial hospitals, school boards, and other public institutions. They would almost certainly outlaw programs such as the Green Energy Act in Ontario, which requires significant local content in solar and wind projects in order for private energy producers to benefit from generous feed-in tariff rates designed to encourage more renewable power generation. The Canadian Environmental Law Association states the following about CETA:
It will significantly impact environmental protection and sustainable development in Canada. In particular, the inclusion of an investor-state dispute settlement mechanism...will impact the federal and provincial governments’ authority to protect the environment, promote resource conservation, or use green procurement as a means of advancing environmental policies and objectives.
Companies will also have an expanded ability to use temporary foreign workers without studying the impacts of that on Canadians. This is a matter of great concern in the Windsor—Tecumseh riding that I represent and the Essex County area at large, where there is a high unemployment rate.
To conclude, the NDP supports trade with Europe. As I have stated previously, we have deep historical and cultural ties with Europe, and within the EU are some of the world's most progressive democracies. However, we are concerned about specific measures in CETA that were negotiated, and it is our job to uphold the interests of Canadians and the global citizens we are. The Liberals have missed key opportunities to fix this agreement, but the deal is not done—
Canada-European Union Comprehensive Economic and Trade Agreement Implementation ActGovernment Orders
November 23rd, 2016 / 5:15 p.m.
The Assistant Deputy Speaker Carol Hughes
Unfortunately, your time is up for this speech. I am sure you will be able to use some of it for questions and comments.
The hon. member for Beloeil—Chambly.
Canada-European Union Comprehensive Economic and Trade Agreement Implementation ActGovernment Orders
November 23rd, 2016 / 5:15 p.m.
NDP
Matthew Dubé NDP Beloeil—Chambly, QC
Madam Speaker, I thank my colleague for her speech.
I heard two important points there, because they illustrate the Liberal approach. The Liberals had a certain attitude when they were in opposition, but now that they are in power, their attitude is the exact opposite, and one that I have to say is disappointing.
This comes down to two specific points. The first is the higher drug prices that will result from this agreement. During the previous Parliament, those same Liberals asked for studies on the impact this agreement would have on drug prices. Now they seem to have forgotten all about that and want to move quickly without really examining the impact the agreement will have on people and what they will have to pay for their medication.
The second point has to do with compensation for dairy farmers. The Conservatives had promised $41 billion to compensate the farmers. Now farmers are being offered peanuts, just $300 million. That is a lot less than what the previous government had promised.
I wonder whether the member could talk about the Liberals' broken promises and how their attitude has changed since they came to power.
Canada-European Union Comprehensive Economic and Trade Agreement Implementation ActGovernment Orders
November 23rd, 2016 / 5:15 p.m.
NDP
Cheryl Hardcastle NDP Windsor—Tecumseh, ON
Madam Speaker, I am glad the member brought up these two very profound issues that I could speak to at length.
I will start with pharmaceuticals. This is a real challenge for Canadians today. In the House, when we talk about the threat to universal health care and our conviction on this side to defend it, one of the key things the governing party keeps bringing up is that it is going to reduce costs by looking at some ways to come up with a pharmaceutical plan and that it is working on that.
CETA will cripple that initiative. We will not be allowed to do that. Anyone can read this in the document. The myths with regard to this are really frustrating. Every single day in every constituency, members have people who are suffering because of the cost of pharmaceuticals and health care.
Another thing I want to bring up, which we have not talked about at all, is innovation and research in pharmaceuticals. Government-sponsored research and innovation for particular types of cures for certain diseases is also going to be undermined by this deal. Intellectual property will be undermined by this deal.
When it comes to issues like dairy farmers being compensated, I do not understand how we can have the government, on one hand, championing the cause and making these kinds of promises, and then—
Canada-European Union Comprehensive Economic and Trade Agreement Implementation ActGovernment Orders
November 23rd, 2016 / 5:15 p.m.
The Assistant Deputy Speaker Carol Hughes
We have to allow time for more questions. Questions and comments.
Canada-European Union Comprehensive Economic and Trade Agreement Implementation ActGovernment Orders
November 23rd, 2016 / 5:15 p.m.
Conservative
Marilyn Gladu Conservative Sarnia—Lambton, ON
Madam Speaker, I am wondering about the part of the member's speech that she did not get to. Is there a point that she wants to make?
Canada-European Union Comprehensive Economic and Trade Agreement Implementation ActGovernment Orders
November 23rd, 2016 / 5:15 p.m.
NDP
Cheryl Hardcastle NDP Windsor—Tecumseh, ON
Madam Speaker, the member was very clever. I am going to remember that in the future.
As a matter of fact, as I was being closed down by Madam Speaker, I was just saying that we urge the Liberals to reconsider. That was pretty much the closing.
Of all the points I was making, and they did culminate with that, that is a very important one. We are rushing this through. There is no need for us to be rushing this through. There is a way we could be doing it. As parliamentarians, we take pride in the place we have here in the House of Commons. We all embrace our due diligence. Whether we agree or not, we all do want to delve in and explore things further.
If there is a way to arrive at consensus, we should find it. I have been inspired by members from every party in the House in doing that and being responsive to real concerns. I thank the member for the opening to talk about how it is not too late for us to make these significant changes and be the vanguard leaders we are expected to be.
Canada-European Union Comprehensive Economic and Trade Agreement Implementation ActGovernment Orders
November 23rd, 2016 / 5:20 p.m.
Conservative
James Bezan Conservative Selkirk—Interlake—Eastman, MB
Madam Speaker, it is a pleasure to speak today on Bill C-30, the legislation that will bring about the activation of the comprehensive economic and trade agreement between Canada and the European Union.
First and foremost, I want to thank the former minister of agriculture, the member for Battlefords—Lloydminster, and the former minister of trade, the member for Abbotsford, for their great hard work in making sure that this deal came to fruition.
I will give kudos to the government for not screwing it up at the end and for getting the CETA deal finally before us. However, I can tell members that every clause we are looking at, the way the bill is structured, and the way CETA has been negotiated and signed is because of the hard work of the previous Conservative government.
I will just say that it is indeed a momentous occasion. We are agreeing to this great agreement that will bring 28 other countries into free trade with Canada and give Canadian agricultural producers, manufacturers, and service companies access to 500 million consumers in the European Union in those 28 member states.
I can tell members that in my riding of Selkirk—Interlake—Eastman, this is very important. We have a huge agriculture base, with grains, oilseeds, pulse crops, cattle, and hogs, which will all benefit from the preferential access we are going to garner in having free markets in Europe. We are talking about 94% of EU tariff lines against agricultural products being eliminated.
However, there are still some challenges, for our beef products in particular. As a rancher myself and a former member of the Manitoba Cattle Producers Association, we have dealt extensively with all the phytosanitary and non-phytosanitary standards and actions the European Union has taken against Canadian beef over the past 30 years.
This agreement gives us a resolution mechanism for removing those artificial trade barriers, ensuring that we get back to science-based decisions rather than political decisions, which we all too often see in certain countries that like to put up barriers to trade while they try to protect certain segments of their industry. Over the next seven years, Canadian agricultural food, products, grains, and oilseeds that meet those standards will be able to access that marketplace, which is very important.
It is also important in my riding of Selkirk—Interlake—Eastman, because we produce steel. We have Gerdau in Selkirk, which is a very strong company. It produces steel that it sells around the world, especially its elevator rail steel. This, again, is now going to go to a zero-line tariff over the next seven years as this agreement comes into force. Some commodities are going to see line items move even more quickly than that.
Of course, in Selkirk—Interlake—Eastman we produce the best whisky in the world at the Crown Royal Diageo plant. The world champion whisky right now is Northern Harvest whiskey. It beat out all the other whiskies from Scotland, Ireland, the United States, and other places.
Canada-European Union Comprehensive Economic and Trade Agreement Implementation ActGovernment Orders
November 23rd, 2016 / 5:20 p.m.
An hon. member
Let us drink to that.
Canada-European Union Comprehensive Economic and Trade Agreement Implementation ActGovernment Orders
November 23rd, 2016 / 5:20 p.m.
Conservative
James Bezan Conservative Selkirk—Interlake—Eastman, MB
Let us drink to that is right, Madam Speaker.
This is a product that is world renowned that can now move into the European market a lot more easily because of CETA.
The final major beneficiary of access to the European market is the freshwater fish we catch in my riding. A lot of people are surprised about that. Selkirk—Interlake—Eastman is an agriculture-based riding north of the city of Winnipeg, with about 2,700 ranches and more than 3,000 commercial grain and oilseed farms.
I also have over a thousand commercial fishers and their families who will benefit from this deal, especially now that the Province of Manitoba has moved to release the shackles of the draconian Freshwater Fish Marketing Corporation, a federal crown corporation that has really kept them below world prices of fish, especially for great things like our walleye, our whitefish, and others. This gives us an opportunity to move this high-quality product into Europe at zero-rate tariffs. This is a product that is in great demand around the world. Of course we are going to go where it is easiest to get the most money and where it is easiest to go into the marketplace. Thanks to the work of the previous Conservative government, we are able to do that with CETA.
We have to continue to be vigilant. Canada should still pursue an aggressive trade agenda. Despite the rhetoric we are hearing from the NDP, there are huge opportunities here for us as we see a change in the administration in the United States, through the election of Donald Trump as the president-elect. We know that he wants to renegotiate trade deals. He has been somewhat noncommittal to multilateral trade deals like TPP, so let us capitalize on getting preferential market access for Canadian farmers, manufacturers, and businesses so that we can put those trade dollars into our own pockets.
We are looking at a market that is worth over $20 trillion in Europe. With this agreement, based upon some very good research, let us say a 20% boost in our trade with the EU, that would amount to over $12 billion for our GDP. It would create 80,000 new jobs. It would increase household incomes. This is something everyone should be celebrating, not fighting.
The same is true with the TPP. Even though Donald Trump has already said he is not going to sign the TPP, there are many countries that sit at that table that want to move forward. I know the Liberal government would rather do business with Communist China, but I would encourage the Liberals to go forward with our partners with the TPP and actually take the opportunity, given to us by Donald Trump himself, to sign that deal and have preferential access into that large market and give us a competitive advantage over the Americans.
For far too long, the U.S. has enjoyed most favoured nation tariff rates in almost all countries, putting our beef and pork producers, our grain and oilseed producers at huge disadvantages because we have to pay higher tariff rates going into those markets than what the Americans pay. That is why we need these free trade agreements: CETA, TPP, and NAFTA. The European free trade alliance agreement, that we signed a number of years ago; Israel; Chile; and Morocco are all key countries that provide us with more opportunities for those in our ridings. It does not matter if they are a steelworker, an auto worker, a grain farmer, or someone working in an abattoir packing beef, these are jobs that depend upon our trade. If we are not trading, we are flooding our own market. If we are flooding our own market, we are depressing prices, and if we are depressing prices, then we will see guys exiting the industry because they are going broke. If they exit the industry, then those jobs disappear.
We have to take the big-picture approach here to ensure that everyone who is involved in the production of our foodstuffs, the service industry, and those supplying transportation to move our various products across the country into export position also have the ability to participate. Our truckers, our rail companies, along with all our shipping industries, depend upon trade.
As I wrap up, I just want to again congratulate all those on our side of the floor who have negotiated CETA. We are finally seeing it. After seven dutiful years of research, study, and negotiation, we have come up with the best possible deal that Canada could ever have that benefits all Canadians.