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

[Adam Vaughan, Liberal, Parliamentary Secretary to the Prime Minister (Intergovernmental Affairs)]

Madam Speaker, I listened to the member's speech with great interest, and heard him specifically say that the stable banking system was something that his government deserves credit for, knowing full well that it was Jim Flaherty and Conservatives and the big banks that wanted us to massively deregulate the banking system prior to 2008. A Liberal government refused to do that.

I also heard that reneging on deals was not something that the government should do, keeping in mind the previous government reneged on a deal with Newfoundland for about $289 million in compensation that was part of the negotiation. Again, this is advice given to us from the other side about what not to do, which is basically follow their advice. I also note that the other thing they said was that prior to 2008, when they already had gone into deficit prior to the meltdown, when they cashed out the surplus left to them by a Liberal government, the government said it was very important in troubled economic times to invest heavily into infrastructure. Realizing that you had to prorogue Parliament, collapse your previous budget, and do what the opposition said to achieve that, is there any advice you would not follow yourself, but you would be free to give to us?

[The Assistant Deputy Speaker, NDP, Carol Hughes]

I must remind the parliamentary secretary to address the questions to the Chair.

The hon. member for Chatham—Kent—Leamington.

[Dave Van Kesteren, Conservative, Chatham-Kent—Leamington, ON]

Madam Speaker, those were a lot of questions, and I am trying to think of which one I should address.

The advice I would give is to get your facts straight.

[The Assistant Deputy Speaker, NDP, Carol Hughes]

I want to remind the member that I do have my facts straight, and I would ask you, the member, to address the Chair and not individuals. I know that both members have been in the House long enough to remember that.

[Dave Van Kesteren, Conservative, Chatham-Kent—Leamington, ON]

Madam Speaker, I apologize.

If I could have 20 minutes, I would certainly be glad to address all those questions, but I have only one minute left, so I will not have time. However, it would be a great topic of debate, and I would love to get into that with him at some point.

[David Anderson, Conservative, Cypress Hills—Grasslands, SK]

Madam Speaker, we have a good and enthusiastic debate going on here today. I have to compliment my colleague who just spoke. He talked about encouraging the Liberals to keep their foot on the gas with respect to this. However, often watching the Liberals and the way they are doing things is like watching teenagers go joyriding. We see their hair blowing in the wind, but there does not seem to be any purpose in what they are doing. Sometimes we wonder if anybody is steering over there. They are racing all over the place, but we do not think anybody is steering.

It is certainly not about getting attention. Providing leadership in Canada is important. It is about giving direction. We would encourage the members opposite to begin to to do that for Canadians. Thankfully, the Liberals have us to depend on. We delivered a trade deal for them. We gave them a trade deal that was pretty much negotiated and signed. It was all ready to be wrapped up and presented, and the Liberals did everything they could to mess it up by tinkering with it. Thankfully, they were not able to wreck it, and now we are here today with them actually supporting it.

We are excited to see the Liberals actually supporting one good thing this year. CETA has certainly been that. It is a trade deal that gives increased access to the world's largest economic unit. It gives us the opportunity to begin to mature our trade relationship with the European Union. Any country that gets access to a market of 500 million people, almost 30 countries, needs to take that opportunity.

This is the world's largest import market. I did not know this until today, but their imports are of a higher value than the entire GDP of our country. It is a huge market that we are able to access. We look forward to being able to do that. They have economic activity, every year, of $20 trillion. I certainly think Canada can find a place, somewhere in there, to be able to benefit from this agreement.

Obviously our side of the House has a history of pursuing trade agreements. The Conservatives have been champions of that over the years, and less so on the other side of the House. We will maybe go into that a little. NAFTA, from the 1980s, has turned out to be probably the most successful trade agreement ever made. We do about $2 billion of trade a day now with the United States. It is an incredibly effective and efficient trading relationship.

There are tens of thousands of jobs that are tied to the trade that goes back and forth. It probably has the strongest economic ties in the world, even given the European Union and its structure. It is probably the most positive trade relationship in the world, and we look forward to continuing that. We hope that is something that the government cannot mess up.

I guess we were surprised, when the president-elect in the United States was even suggesting that he wanted to talk to Canada about NAFTA, that the government would get down on one knee and ask him if he would possibly renegotiate that with them. It seemed like a very strange position to take, and yet our government moved ahead with that. I think it was naive. It was far too premature to be able to make those suggestions, but the government has done that already. We hope that will not impact NAFTA in any negative way.

Our government was also responsible for 46 trade agreements. I was here early in the 2000s when Doha was the big thing. That was the one trade initiative that everyone seemed to be focused on. I remember going to Geneva in 2003, representing our party, and seeing the negotiations that were going on there. It gradually faded out. The government was not able to get an agreement.

One of the things that concerned me and others in our caucus at the time was to understand that the Liberal government had no trade capacity in terms of putting these deals together. It was not that interested in looking anywhere else for trade agreements. It did not get it done. It did not pursue them. I think there were maybe two agreements over the entire time that the Liberals were in power. Trade was not an important issue to the Liberal government.

We came in, and it took a couple of years to build that trade capacity. It took a while to get it up and running, so that we could actually do the negotiating. In the seven or eight years after that, it was remarkable that we were able to get almost four dozen trade agreements done. I do not know if there has been any record of success like that around the world.

Now we are sitting here with CETA, and thankfully the government is supporting that. Hopefully it will not do anything further that would hinder that, and will move ahead as quickly as possible.

We also want to encourage the government on TPP. TPP has been a good initiative. It is something that we hope the government will be supporting enthusiastically. I know the trade minister said almost a year ago that it was not her job to promote those kinds of things, specifically the TPP, but we certainly hope that attitude has changed.

We saw an initiative on the weekend, from six countries trying to put together an agreement, to take the TPP and put it together, and move ahead with it, even if the United States is not going to go forward. We do not know if it has made a decision on that or not yet.

We saw an initiative on the weekend by six countries to try to put together an agreement like the TPP and move ahead with it, even if the United States is not going to go. We do not know if it has made a decision on that yet. We have heard some rhetoric. That trade agreement between countries would be phenomenal, whether the United States was in it or not. We need access to that part of the world, and the arrangements that have been made so far with respect to the TPP and the negotiations that have been done would be only good for Canada. We look forward to seeing the TPP move ahead as well. I would ask the government to keep its foot on the gas. On this one, we ask that it steers in the right direction and gets it done as well.

Trade is critical to my area. I have talked about this previously, but I probably need to highlight again for my constituents that we have a number of things going on in our riding that are very important and critical not only for our riding but for supporting the economy of this country.

Agriculture is a big thing there. We have dryland grains and oilseeds. We have pulses and lentils. Pulses and lentils grown in my riding go around the world. The majority of those pulses and lentils grown in western Canada now are exported. We need an export market to continue to develop those agricultural industries.

In these trade agreements, agriculture is always the biggest trade impediment. The biggest trade barriers are set up around agriculture. We encourage the government to take that seriously and to try to remove those barriers so that our folks can trade around the world.

Beef and pork, as well, come from our area. Beef always has a lot of trade barriers around it. We encourage the government to take a strong stand. The former minister of agriculture, who is my seatmate now, was instrumental in pushing back the COOL legislation in the United States. We worked on that for almost 10 years, and we were able to win those battles at the WTO and finally begin moving our beef more easily into the United States. We hope this issue will not raise its ugly head, or any other part, in the near future.

Energy is obviously important to all of us, particularly those of us who have oil and gas in our ridings. We would like to see pipelines moving these products. We know that they need to go to export markets like the United States. We need some markets in Asia and Europe. We encourage the government to continue to develop those types of export markets.

Potash is important in our province. We mine potash, and it goes around the world. It grows food to feed people around the globe. Again, it is an export-dependent product.

We have a lot of manufacturing, particularly agricultural manufacturing, that we need to move around the world. There are lots of markets in the European Union that we would like to develop and continue to access and grow. We look forward to CETA assisting with that as well.

CETA has an interesting history. It started back in 2007 with discussions. It is interesting that it was only a year after the Conservatives came in. Our cabinet saw the possibilities and the real benefits of an agreement like that, so it started having discussions. It took a couple of years to get the negotiations going. They started in 2009, and by 2014, five years later, we were able to negotiate the agreement and basically signed it in principle in 2014. There were two years to settle the legal issues and get the translation done, and we are at that point now.

It is interesting to hear the government opposite trying to take credit for that. When we look at the timeline, we understand who actually did the work and who got the work done.

As I mentioned earlier, the Liberals insisted on tinkering with the agreement, and they almost lost it. Thankfully, we are at the point where we can see the beginning of ratification in Europe. We hope that the implementation will soon come. We need to see the agreement come into effect fairly quickly.

I want to talk a bit about the consequences of this agreement for our economy. This agreement will bring a potential 20% boost in bilateral trade and a $12-billion annual increase in the Canadian economy. We encourage the government to remember that in its discussions and negotiations. We need to see this finished as quickly as possible. The economic equivalent of this agreement is like adding the equivalent of $1,000 to the average Canadian family's income and up to 80,000 new jobs to the Canadian economy.

Everyone in the House needs to get behind this agreement, see it as something really good for the future of our country, and move ahead with CETA.

[Kevin Lamoureux, Liberal, Parliamentary Secretary to the Leader of the Government in the House of Commons]

Madam Speaker, one of the common things from the Conservatives when they stand up and speak is that they like to assume they have some credit owed to them when it comes to the issue of trade.

The Liberal Party traditionally has been a very strong advocate for trade. It has been a long time since we have seen a prime minister as aggressive on this particular file.

To the Conservatives' credit, yes, they did do some of the preparatory work, but let us not kid anyone. If it were not for the current Prime Minister and the minister responsible for this file, we would not be debating this bill today, and that is the truth of the matter.

On the overall issue of trade, we all recognize it. It is only the New Democrats who do not recognize the value of trade. However, I can tell members that we all recognize the importance of this.

Our record will demonstrate that we have had years and years of trade surpluses, whereas the Conservatives and the Harper government had nothing but years and years of trade deficits. The Korea deal they crow about is something in which they were the laggards of all the countries, and one of the last countries to sign on was Canada as the Conservatives resisted it.

Would the member agree at least that there is consensus among the Conservatives and Liberals that trade is important to our country? It is what generates our economy in good part.

[David Anderson, Conservative, Cypress Hills—Grasslands, SK]

Madam Speaker, I am excited to see the member join our bandwagon here. Obviously, the Liberals have a new-found enthusiasm for trade deals and that is great, because they can join with us at any time. There were two agreements, and that long focus on Doha, which is kind of their history, and that is okay, because at least they were taking a look at it at the time and they were trying a little bit here and there.

The fact is that we signed 46 agreements in less than 10 years. We were the ones in 2007, 2009, and 2014 who that put CETA together and brought it all the way to the point of where it was signed. It was just a matter of finishing it off and signing the ratification part of it. Then the establishment of the TPP and the distance that we came on that relationship I think is a tribute to the commitment of the Conservatives on their focus on trade.

We welcome the Liberals, particularly the parliamentary secretary across the way, to join with us and to celebrate trade and the history of trade in this country.

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

Madam Speaker, I want to thank the member for his speech and for breaking down the history of his party working on this deal.

Before I move forward with my question, I would ask the member to join me in shouting out to the lighthouse keeper who saved a life off Denman Island this weekend. The importance of our lightkeepers on the west coast is proven every time we have a life saved by a lightkeeper, and so we know the value of them.

Knocking on doors during the campaign, I met a women who had to make a tough choice of whether to buy medicine or food. I have met people who have had to come out of retirement to pay for medicine, because of the cost of medicine and the limited pension money they have. We know that the skyrocketing cost of prescription drugs is really affecting seniors and other people in our communities.

We understand the importance of trade as New Democrats. We want fair trade, we want good jobs, but we also want to make sure that medicine is going to be affordable.

Is the member concerned that CETA will lead to increased costs of prescription drugs for Canadians, given that Canadians already pay more for prescription drugs than nearly every other OECD country?

[David Anderson, Conservative, Cypress Hills—Grasslands, SK]

Madam Speaker, I do not know about the incident on Denman Island last weekend, but I think we all need to recognize the sacrifices that emergency response personnel make. I was fortunate enough, before I was here, to be able to serve seven years on a volunteer ambulance at home, and so I understand the commitment that people make.

On the weekend, I had the chance to go to the opening of an emergency response centre in my riding, which is a small community. The centre decided it needed to have a much better building to put the ambulances, fire trucks, or whatever in, and worked very hard to put that project together. We were able to celebrate the opening of that. These people do not do this for money. It does not matter what the money is, they do it because they want to make a commitment to their community and to serve their community well.

Quickly on the other issue, CETA does not change the length of the pharmaceutical patents in Canada. I understand there is a patent restoration mechanism in there if the regulatory delay has taken place on approval of drugs. My understanding is that it will not necessitate a hike in pharmaceutical prices in Canada.

[Yasmin Ratansi, Liberal, Don Valley East, ON]

Madam Speaker, I will be sharing my time with the member for Laurentides—Labelle.

It is with pride that I rise today to speak in favour of Bill C-30, an act to implement the comprehensive, economic and trade agreement between Canada and the European Union, or CETA.

I will frame my remarks by reminding the members of the House that our government has chosen an ambitious agenda to strengthen the middle class and those trying to join it. Job creation for Canadians depends on our domestic as well as our foreign trade policies.

Our government promised to review the trade agreements that were in process when we took office one year ago. We reviewed the provisions for CETA and through the extremely hard work of our Prime Minister and our very capable Minister of International Trade, we were able to get it done.

Based on recent statistics, almost 1.7 million highly-skilled Canadians are employed full time in Canada's manufacturing sector. By eliminating all tariffs on manufactured goods and creating a mechanism to address non-tariff barriers to trade, this agreement will unlock opportunities for Canadian businesses and advance our government's commitment to grow our economy and strengthen the middle class.

Bill C-30 would cover a wide breadth of economic sectors and issues. Under CETA, certain skilled professionals will find it easier to work temporarily in the EU. This aspect of CETA is welcome in my riding of Don Valley East, which is home to skilled professionals from all around the globe. Working in the EU for these skilled professionals will not only boost their skill sets, but will provide cultural opportunities that they may have never considered possible.

We live in a world which is increasingly interconnected and where the free movement of people, goods, services and ideas happens at rapid speed. Progress and availability of opportunities for Canadians cannot increase unless we look beyond our borders. In 2014, Canada was the 12th largest trading partner of the EU-28. The EU is Canada's second largest partner after the United States.

From 2013-2015, Canada exported an annual average of almost $33 billion worth of manufactured goods to the EU. On average, these exports currently face tariffs of between 4% to 22%.

Under CETA, 99% of Canadian manufactured goods will enter the EU market tariff free. Within seven years, 100% of Canada's manufactured goods, including autos, will benefit from the duty free access.

Canada stands to gain even more by way of investment, opening new markets for our goods and services, and creating more stable jobs for our workforce. Workers in Canada's multi-billion dollar chemical and plastic industry will also benefit directly from CETA.

Canadians are world leaders in research, innovation and production in advanced manufacturing sub-sector, for example, scientific instruments, construction equipment and aerospace products to name a few. These goods, including robotics, are in high demand. In this area, Canadian exports to the EU totalled $9.2 billion. Current tariffs are as high as 22%. Under CETA these tariffs will be eliminated

In the agriculture field, we will be well positioned to reap benefits to the new market. This is a win-win for our agri industry across Canada.

CETA will not only open new markets for Canadian businesses and employees, but CETA is also the first trade agreement which has a stand-alone chapter on regulatory co-operation.

This very important provision will promote good regulatory practices and level the playing field. Our government is committed to creating opportunities for our businesses and our citizens. We want to expand the horizon, think outside the box, and ensure that Canadians are not disadvantaged by non-action.

It is with this in mind that CETA also contains provisions under which dispute settlement will be more open, transparent, and institutionalized. Our government will always protect the interests of Canadians and Canadian businesses. My riding contains some of the most innovative and forward looking technological small and medium-sized companies. Under CETA, companies such as Neuronic Works, Thales, Pearson Printing, Jansen, etc., will have access to European markets on a fair and even basis. Europeans and Canadians will benefit from a shared knowledge base and mutual higher standards of living.

In the area of safety and environmental protections, CETA builds on previous trade agreements that have explicitly safeguarded provided health, safety, and environmental protections. These protections are critical for our government and we will not abandon our principles. Under CETA, any EU producer interested in exporting goods to Canada will have to abide fully with the Canadian regulations on environmental protection.

Canadian culture will continue to thrive, as it will have new markets under CETA. I have spoken to many arts and cultural organizations who see this trade deal an an opportunity to expand into the global markets.

CETA is a progressive way forward for Canada and the EU. This trade agreement will set a precedent for the way international agreements are negotiated and agreed upon. We are a country rich in technology and innovation. We know how to operate businesses, whether in pharmaceuticals or manufacturing or family farms. Canadians have always been forward looking. In this increasingly connected world, we cannot afford to be insular. This trade agreement will provide opportunities for all Canadians and ensure real protection of our environment, our indigenous peoples, and the diversity of our cultures.

I hope all members of the House will support our collective effort in making Canada a highly competitive global player that wishes to see Canadians benefit from growth and opportunities.

[Richard Cannings, NDP, South Okanagan—West Kootenay, BC]

Madam Speaker, the member talked about how the government likes transparency. We all know that the government loves consultation, but I wondered if she could comment on the fact that the Liberal dominated trade committee has ruled out any possibility for concerned and knowledgeable Canadians to make written submissions to it unless they are among the few who are already appearing at the committee, unlike with the TPP, on which the trade committee received thousands of submissions. Is that because most of those submissions had negative things to say about the TPP. Is that what the Liberals are afraid of happening in this case?

[Yasmin Ratansi, Liberal, Don Valley East, ON]

Madam Speaker, I have just finished consulting Canadians on Canada Post. I do not think anyone is afraid of negativity or input. There are certain rules that committees follow, and it is my understanding that the trade committee did not rule out input from any other witnesses. I am not sure whether the member is misinformed, but transparency is important and that is why we have been extremely transparent in getting input from everyone.

[Ruth Ellen Brosseau, NDP, Berthier—Maskinongé, QC]

Madam Speaker, I feel it is important to rethink the transition plan for the dairy industry and fine cheese producers.

The Canada-European Union trade agreement will result in huge losses for supply-managed industries. Last week, the Government of Quebec and a number of key industry players said that $350 million is not enough. They need more help to handle the transition and mitigate the negative impact of the Canada-European Union trade agreement. In Quebec, the industry is asking for more than $750 million.

Can the member confirm that the Minister of Agriculture and Agri-Food is not only listening, but that he will actually do something to help Quebec's dairy industry and fine cheese producers?

[Yasmin Ratansi, Liberal, Don Valley East, ON]

Madam Speaker, the same question was posed to the Minister of International Trade, who has worked with the Minister of Agriculture and Agri-Food to ensure that the trade agreement really is beneficial to our farmers. When we open up our trading partnerships and our markets, there is supply and demand. Also, when we reduce tariffs, it makes goods cheaper and makes different varieties of goods accessible to different populations. I am sure that the minister has taken great care to ensure that there is enough protection.