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. The Library of Parliament often publishes better independent summaries.

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

December 7th, 2016 / 5:10 p.m.
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NDP

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

Madam Speaker, they are the ones who actually supported CETA before seeing it. They are the ones who are actually neglecting to say that we supported the trade agreement with South Korea. We supported the one with Jordan. Why? It was because we did our homework. We studied those agreements with the lens I just mentioned.

They talk about our opposition to TPP, when they actually had a position that said, “We love CETA. We will support it. When can we see it?”

We are talking about CETA right now. We are talking about the same trade deal they supported before seeing it.

As I said, this party has supported trade deals on this side of the House. We have rejected some. On the other side of the House, they have always supported all trade deals, even those with some controversial regimes, like Colombia, where we actually put human rights first, and they neglected to do that.

That is why we feel that our position is the responsible one. They are the ones being dogmatic and approving basically everything that comes along in terms of trade deals.

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

December 7th, 2016 / 5:10 p.m.
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NDP

The Assistant Deputy Speaker NDP Carol Hughes

The hon. parliamentary secretary to the government House leader. The hon. member for Winnipeg Centre has to be in his seat to ask a question.

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

December 7th, 2016 / 5:10 p.m.
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Liberal

Kevin Lamoureux Liberal Winnipeg North, MB

Madam Speaker, could the member give me a page or show me something in writing that says that the NDP members stood in their places and voted in favour of a trade agreement? I have not been able to see that. I am wondering if the member across the way would accept the challenge and demonstrate that to me.

I understand that the NDP members implied once that maybe they would have supported an agreement, maybe through a divisional vote. However, is there a case where they actually stood in their places in the House and voted in favour of an agreement? I have not seen that. That is not to take away from the NDP's ability to say no, but I am curious about whether the member would accept that challenge and get back to me.

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

December 7th, 2016 / 5:10 p.m.
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NDP

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

Madam Speaker, the member only has to look at third reading on the trade deal with South Korea. We voted in favour.

He is challenging us in terms of costs versus benefits. He is talking about all the benefits it can bring. I agree that there could be some benefits for Canada. Some sectors will win, and some sectors will lose.

The government is mute on the cost to the various governments in terms of the increase in drug costs. There will be massive increases for the provinces.

The government is hiding the fact that the previous government promised $4.3 billion in compensation over 10 years to the dairy and cheese industry, and the Liberals are saying, “We will just be offering $350 million, because we do not feel that you are that important. We do not feel that your pain will be that great”.

It does not make sense. The Liberals are the ones who are minimizing the impact of this deal. We are the ones who are actually studying it.

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

December 7th, 2016 / 5:15 p.m.
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Conservative

Rob Nicholson Conservative Niagara Falls, ON

Madam Speaker, I just wanted to get in on this.

The record of the NDP is pretty clear. I do not know who has a more clear record on this. In fact, it goes back to the auto pact, over 50 years ago. The NDP did not like the auto pact, which was fantastic for the industry. The NDP did not like the auto pact. It did not like the free trade agreement with the United States. It did not like NAFTA. It does not like TPP. It does not like CETA. I would like to check it out to see if the deal with Korea was a voice vote. Maybe the NDP sent everyone else away and had only three people in here.

Would the hon. member agree with me that there is probably no major political party in the western world that has been as consistently against all major trade deals as the NDP?

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

December 7th, 2016 / 5:15 p.m.
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NDP

The Assistant Deputy Speaker NDP Carol Hughes

The hon. member’s time has elapsed. However, I will give the hon. member for Rimouski-Neigette—Témiscouata—Les Basques a brief opportunity to answer his colleague.

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

December 7th, 2016 / 5:15 p.m.
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NDP

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

Madam Speaker, he is talking about the auto pact. Conservatives opposed the auto pact at the time.

We look at each and every trade agreement. We vote for those we feel will have the greatest benefit for the country and will help Canada, and we oppose those that will not help.

Conservatives support all trade agreements, regardless of the impact they will have.

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

December 7th, 2016 / 5:15 p.m.
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NDP

The Assistant Deputy Speaker NDP Carol Hughes

Resuming debate, the hon. member for Vancouver Kingsway.

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

December 7th, 2016 / 5:15 p.m.
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Liberal

Wayne Easter Liberal Malpeque, PE

Be a little more calm than the other fellow.

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

December 7th, 2016 / 5:15 p.m.
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NDP

Don Davies NDP Vancouver Kingsway, BC

Yes, Madam Speaker, I hope to bring some calm and unity to this debate.

It would benefit Canadian policy, all parties in the House, and the advancement of Canadian trade interests if we took some of the ideology out of trade, and actually started taking a very sober, thoughtful, researched, and intelligent approach to trade.

Over the last 10 years, perhaps one of the most damaging aspects of the Harper government was the propensity to make every issue of policy one of ideology, whether it was an exhortation that someone stands with either the government or with child pornographers, or if someone had any criticisms or concerns about a particular trade deal, that person was against Canada as a trading nation.

That kind of foolish and simplified ideology did a lot of damage to this very important issue. I hope that Parliament and all parliamentarians can listen to one another, and recognize there are pros and cons in trade agreements and, really, it is our job as parliamentarians to weigh them against one another.

It is utter folly to point to any trade agreement, and fail to recognize that there are no costs to an economy in a trade agreement. Anybody who stands in the House and tells Canadians that signing a trade agreement will be absolutely 100% beneficial for the Canadian economy is not telling the truth. On the other hand, it is also the case that trade agreements inevitably have benefits to our economy.

Once again, it is the job and duty of responsible parliamentarians to roll up our sleeves, examine these agreements, and come to a decision, on balance, on whether we think over time they will be of net benefit to Canada. That requires us to listen to one another.

Let me de-ideologize a bit of this discussion. Every member in this House understands that Canada is an exporting nation. We all understand that trade is critical to Canada's economic development. It is a very important piece, and we are all in favour of it. When any member of the House gets up and says that New Democrats do not believe in trade, that is putting ideology above common sense and intelligent debate, and it should be rejected by every thinking Canadian.

On the other hand, every party has contributed something to this debate. The Conservatives, of course, have never seen a trade deal they did not like. The Liberals have never failed to support an agreement that they did not read, and New Democrats have always brought a concept of what we refer to as fair trade to every analysis. All of those things, I was being somewhat facetious, contribute to this.

The Conservatives have been strong supporters of opening up markets for Canadians, and should be applauded for that. The Liberals have also, at times, taken a varied approach. I know that the member for Winnipeg North likes to attack the NDP, but he forgets that the Liberals opposed the Canada-U.S. trade agreement, and said that they would revoke NAFTA once they were elected.

There were periods of time when the Liberal Party was not in favour of liberalized trade, so for Liberals to make it seem like the NDP never opposes trade agreements, when they themselves did not oppose two of the marquee trade agreements in our country's history is somewhat perplexing to me.

I am going to straighten something else out. New Democrats have, in fact, supported trade agreements in the House. I was the trade critic for the official opposition when we stood in our places in the House and voted in favour of the South Korea trade agreement at third reading. Second, the NDP also supported the South Korea trade agreement with Canada, and we did that by a vote on division.

The Liberal House leader knows that full well, so I wish he would stop this disingenuous game of asking whether the NDP supported the South Korea trade agreement, when he knows that it is normative in the House for bills and issues to pass on division. It is a perfectly acceptable way to vote. That is what happened with the South Korea trade agreement.

There are a few principles that guide New Democrats' approach to trade. First, we like to examine three things that we think are of profound importance.

First, we like to examine the identity of the trade partner with whom we are proposed to extend preferential economic benefits of liberalized trade. We like to make sure that it is a country that respects the environment, basic labour rights, human rights, has fundamental democratic principles and rule of law, or at least is demonstrably moving in that direction.

Everybody in this House knows this. That is why we put sanctions on countries like Iran, which is the opposite of free trade. We actually refuse to trade with countries, when we come to a decision that their behaviour on the international stage is simply unacceptable. We like to make sure that the entity of the country we are trading with meets basic standards, basic Canadian values.

Second, we like to make sure that the economy that we are proposed to be trading with is of significant or strategic value or importance to Canada.

The Conservatives stood in this House and bragged about the raw numerical number of trade agreements they signed. Yet, who did they sign these trade agreements with? It was with Panama, Honduras, Jordan, and Liechtenstein. These are countries that, in their own rights, have some importance, but these are hardly the kinds of large significant strategic economies that really make a fundamental difference to the Canadian economy.

Third, New Democrats do what we think Canadians send us to Parliament to do; that is, we examine in detail the actual terms of each agreement itself. We cannot say that we are in favour of a trade agreement without actually understanding the terms of the agreement.

I want to go through a few reasons why we are troubled by the agreement between Canada and the EU.

First, and foremost, of course, is its provisions respecting the investor-state dispute resolution mechanism.

The NDP has been concerned about this for a number of years now. I remember three years ago, asking Steve Verheul, the chief negotiator of Canada, whether it was his opinion that CETA had sufficient protection to make sure that Canada could make decisions to regulate and legislate in the public interest without fear of being sued by corporations which might claim that their profits have been interfered with, as a result, and he said, yes.

When we read the language, the language has never been clear enough to give us that complete confidence. As it turns out, the NDP's concern has been justified by the fact that when Wallonia held up CETA in Europe just a number of months ago, it was over its concern that the investor-state provisions were not clear enough. What did the parties do? What did the EU do and what did Canada do? They clarified. Why was it necessary to clarify? If the agreement had been clear from the beginning that nothing in CETA would interfere with a state's ability to legislate or regulate in the public interest, there would be no need to clarify. However, it did need clarification.

Frankly, those concerns exist today. Canadians want more trade. They want liberalized trade. They want to facilitate the flow of goods and services, and people between jurisdictions. However, I would venture to say that Canadians would agree with New Democrats, when they say that they do not believe that a corporation's right to make a profit should ever interfere with a country's domestic sovereignty, and ability to pass regulations or legislation in the public interest.

If this chamber decides that we want to protect the Canadian environment, if we want to bring in a national pharmacare system, if we want to allow provinces to bring in public auto insurance if they want to, if we want to bring in health care programs, if we want to protect culture, if we want to take any measure in this democratic chamber that we think is important for the people of Canada, and then be accountable to the Canadian people. That should never be overridden, ever, in a private tribunal or in a foreign jurisdictional court, by people who are placing the interests of a corporation's right to make profits over that. That remains a concern.

Second, we know that CETA is going to do significant damage to the Canadian economy, in many ways.

At the end of the day, one may have a reasonable difference of opinion about whether it is worth it or not, but how do we know that? Because both governments, Liberal and Conservative, are going to offer compensation. We do not offer $4 billion of compensation to the agricultural sector, like the Conservatives did, if that was not an admission that damage would be caused.

The Conservatives offered $1 billion in compensation to the auto sector; $400 million in compensation was offered and then taken away by the Conservatives to Newfoundland for giving up its minimum fish processing requirements; and provinces have been promised compensation if and when the prices of pharmaceutical drugs in this country go up, as they inevitably will, by CETA. Who knows, maybe billions of dollars of compensation will be offered then.

CETA has some good aspects and some bad aspects. The New Democrats will continue to stand up for fair trade, in the interests of Canadians, to make sure this deal is good for Canada.

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

December 7th, 2016 / 5:25 p.m.
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Liberal

Scott Simms Liberal Coast of Bays—Central—Notre Dame, NL

Madam Speaker, I have travelled with him on several missions to Europe, and the topic of CETA was always first and foremost for the most part.

The investor-state dispute mechanism that the member talked about is of great concern to me as well in many respects, from the beginning until now. His point about regulating or legislating in the public interest is a key component.

According to the Lisbon treaty, over 90% of the competencies of this will be ratified within the European Parliament; however, there is that sliver of slightly less than 10% of the competencies of the individual 28 member states. They will have to vote on it. My understanding is that the dispute mechanism is involved as well in that particular vote, which is of great concern, because there are 28 votes that have to take place.

How does the member feel about that, and the concerns of Wallonia? Does he echo the same concerns that it did in this particular agreement?

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

December 7th, 2016 / 5:25 p.m.
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NDP

Don Davies NDP Vancouver Kingsway, BC

Madam Speaker, I would like to compliment my hon. colleague for the wonderful job he does as chair of the Canada-Europe Parliament Association and his thoughtful approach, not only to CETA but to all matters between Canada and the European Union.

The member raised an excellent point. One of the reasons New Democrats are very concerned, and are not prepared in any way to support this agreement at this point, is because of the uncertainty over the investment chapter in the ISDS provisions. My friend is quite right, it has been hived off now, and will be subject to ratification by all 28 member states of the European Union.

We do not yet know what would happen if one state or more fails to ratify that provision. Does it mean that the entire agreement is null and void? Does it mean that only the investment chapter is null and void? What does it mean for Canada if we sign an agreement, and the European states have taken away the right of Canadian corporations to sue in Europe, but we may be vulnerable to corollary lawsuits from European corporations here?

These are very important questions, and I am glad my hon. colleague has raised them. It is another reason to be very cautious at this point. I also want to congratulate my colleague from Essex for raising that point very clearly in the House.

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

December 7th, 2016 / 5:30 p.m.
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NDP

The Assistant Deputy Speaker NDP Carol Hughes

The time for debate has expired. The member will have two and a half minutes the next time this matter is before the House.

It being 5:30 p.m., the House will now proceed to the consideration of Private Members' Business as listed on today's Order Paper.