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 is from 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 has also written a full legislative summary of the bill.

This enactment implements the Comprehensive Economic and Trade Agreement between Canada and the European Union and its Member States, done at Brussels on October 30, 2016.
The general provisions of the enactment set out rules of interpretation and specify that no recourse may be taken on the basis of sections 9 to 14 or any order made under those sections, or on the basis of the provisions of the Agreement, without the consent of the Attorney General of Canada.
Part 1 approves the Agreement and provides for the payment by Canada of its share of the expenses associated with the operation of the institutional and administrative aspects of the Agreement and for the power of the Governor in Council to make orders in accordance with the Agreement.
Part 2 amends certain Acts to bring them into conformity with Canada’s obligations under the Agreement and to make other modifications. In addition to making the customary amendments that are made to certain Acts when implementing such agreements, Part 2 amends
(a) the Export and Import Permits Act to, among other things,
(i) authorize the Minister designated for the purposes of that Act to issue export permits for goods added to the Export Control List and subject to origin quotas in a country or territory to which the Agreement applies,
(ii) authorize that Minister, with respect to goods subject to origin quotas in another country that are added to the Export Control List for certain purposes, to determine the quantities of goods subject to such quotas and to issue export allocations for such goods, and
(iii) require that Minister to issue an export permit to any person who has been issued such an export allocation;
(b) the Patent Act to, among other things,
(i) create a framework for the issuance and administration of certificates of supplementary protection, for which patentees with patents relating to pharmaceutical products will be eligible, and
(ii) provide further regulation-making authority in subsection 55.‍2(4) to permit the replacement of the current summary proceedings in patent litigation arising under regulations made under that subsection with full actions that will result in final determinations of patent infringement and validity;
(c) the Trade-marks Act to, among other things,
(i) protect EU geographical indications found in Annex 20-A of the Agreement,
(ii) provide a mechanism to protect other geographical indications with respect to agricultural products and foods,
(iii) provide for new grounds of opposition, a process for cancellation, exceptions for prior use for certain indications, for acquired rights and for certain terms considered to be generic, and
(iv) transfer the protection of the Korean geographical indications listed in the Canada–Korea Economic Growth and Prosperity Act into the Trade-marks Act;
(d) the Investment Canada Act to raise, for investors that are non-state-owned enterprises from countries that are parties to the Agreement or to other trade agreements, the threshold as of which investments are reviewable under Part IV of the Act; and
(e) the Coasting Trade Act to
(i) provide that the requirement in that Act to obtain a licence is not applicable for certain activities carried out by certain non-duty paid or foreign ships that are owned by a Canadian entity, EU entity or third party entity under Canadian or European control, and
(ii) provide, with respect to certain applications for a licence for dredging made on behalf of certain of those ships, for exemptions from requirements that are applicable to the issuance of a licence.
Part 3 contains consequential amendments and Part 4 contains coordinating amendments and the coming-into-force provision.

Elsewhere

All sorts of information on this bill is available at LEGISinfo, an excellent resource from Parliament. You can also read the full text of the bill.

Bill numbers are reused for different bills each new session. Perhaps you were looking for one of these other C-30s:

C-30 (2022) Law Cost of Living Relief Act, No. 1 (Targeted Tax Relief)
C-30 (2021) Law Budget Implementation Act, 2021, No. 1
C-30 (2014) Law Fair Rail for Grain Farmers Act
C-30 (2012) Protecting Children from Internet Predators Act

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

February 13th, 2017 / 1:55 p.m.

Green

Elizabeth May Green Saanich—Gulf Islands, BC

Mr. Speaker, my friend from Edmonton West appears unaware of the litany of cases Canada has lost where the motivation for taking action was to protect public health and protect the environment, such as regulating against a toxic gasoline additive. I do not know why anyone would want to see foreign corporations have superior rights compared to domestic ones.

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

February 13th, 2017 / 1:55 p.m.

Conservative

Kelly McCauley Conservative Edmonton West, AB

Mr. Speaker, when I listen to my colleague from Saanich—Gulf Islands, I am reminded of Will Rogers' comment about never meeting a gentleman he did not like. I think this member has never met a job-creating item she liked or a trade agreement she liked.

Not everything is perfect, but this could open up trillions of dollars of added economic activity at a time of slow growth. We need the jobs in Alberta, we need the jobs in Canada, and we need them now.

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

February 13th, 2017 / 1:55 p.m.

The Deputy Speaker Bruce Stanton

There will be six and a half minutes remaining in the time for questions and comments directed toward the hon. member for Edmonton West when the House next resumes debate on the question.

The hon. member for Mission—Matsqui—Fraser Canyon.

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

February 13th, 2017 / 3:15 p.m.

The Speaker Geoff Regan

There are six and a half minutes remaining in questions and comments on the speech by the hon. member for Edmonton West.

Questions and comments, the hon. parliamentary secretary to the government House leader.

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

February 13th, 2017 / 3:15 p.m.

Winnipeg North Manitoba

Liberal

Kevin Lamoureux LiberalParliamentary Secretary to the Leader of the Government in the House of Commons

Mr. Speaker, I am sure the member across the way is aware that our government has been very proactive on trade. Whether it has been on issues of pork, canola, official trade agreements, such as with Ukraine, what we are doing today, or the World Trade Organization, trade has been at the forefront of what our government has been pushing forward. We believe that by expanding trade opportunities, we are going to be expanding our middle class and those aspiring to be a part of it.

Would the member not agree that trade equals good-quality jobs into the future and that this is the type of thing we should continue to pursue in the best way we can?

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

February 13th, 2017 / 3:15 p.m.

Conservative

Kelly McCauley Conservative Edmonton West, AB

Mr. Speaker, yes, obviously.

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

February 13th, 2017 / 3:15 p.m.

Conservative

Tom Kmiec Conservative Calgary Shepard, AB

Mr. Speaker, I was listening intently to my seatmate's speech on CETA. I am concerned that in the coming years, by 2019, we will not see any new free trade agreements come before the House to be debated and ratified. I am concerned that we will stop at CETA. The government is not very ambitious when it comes to finding new markets. The Liberals talk about India and China, and the Minister of International Trade's mandate letter only talks about modernizing two agreements, and just a little about, potentially, Japan.

I would like to ask the member if he could comment on that. Does he share the same concern I have that we will not actually see a single new free trade agreement between now and 2019?

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

February 13th, 2017 / 3:15 p.m.

Conservative

Kelly McCauley Conservative Edmonton West, AB

Mr. Speaker, the member is right. We just heard the parliamentary secretary to the government House leader talk about the encouragement of trade. We agree that more trade equals better jobs for the middle class and people living in poverty. It helps all Canadians. However, we have not seen a lot of action by the government.

We have seen CETA move forward, which was 99% done under the previous government. We have seen the TPP, which was again mostly brought by the previous government. Obviously, we are having problems with the U.S. right now. However, instead of taking the ball and approaching Japan, New Zealand, and our other allies overseas, the Liberals just backed away from it entirely. We have seen them drop the ball on softwood lumber.

There is no vision put forward by the government. These trade deals take years and years. We do not even see a seed planted for the future. There is no vision, zero for the future.

We are a trading nation. We need to trade more and grow more. We need a lot more action from the government on that front.

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

February 13th, 2017 / 3:15 p.m.

Conservative

Blake Richards Conservative Banff—Airdrie, AB

Mr. Speaker, I would ask the member to take the opportunity to elaborate, because I have heard him respond to others about his concern that there is no plan from the Liberal government. Could he elaborate, for members on the other side of the House, on what would be a good approach going forward, based on the past record of the Conservative government? I would like to hear his thoughts on that.

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

February 13th, 2017 / 3:20 p.m.

Conservative

Kelly McCauley Conservative Edmonton West, AB

Mr. Speaker, going forward, I think the government has to make it very clear that we support trade. We have to be very strong and forthright with the U.S. that trade benefits the U.S. and trade benefits Canada.

We also need to reach out to our allies that are part of the TPP and restart the program. I believe that eventually, the U.S. will come around to a pro-trade pattern and will pursue the TPP as a balance against the burgeoning issue of China. We need to trade more with Japan and our allies overseas that share our same democratic values.

The government needs to make very clear that it supports free trade and be a lot more vocal about it. It needs to work strongly in the U.S. to protect our interests within NAFTA but also make very clear that we support trade with other countries and will go ahead with free trade with our allies, with or without the U.S.

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

February 13th, 2017 / 3:20 p.m.

Conservative

Garnett Genuis Conservative Sherwood Park—Fort Saskatchewan, AB

Mr. Speaker, I know my friend is doing great work representing the people of his riding in the greater Sherwood Park area. I wonder if he could speak more about the current climate we are in internationally. There are a lot of critics of trade, people from different parts of the spectrum who are critical of the very idea of trade.

We know that trade brings economic prosperity. We also know that trade helps bring peace and builds community among nations and also that it flows from the freedom we all expect to buy products and services we want from other countries.

How can Canada make, and what role should Canada play in making, that argument in the kind of international climate we find ourselves in?

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

February 13th, 2017 / 3:20 p.m.

The Speaker Geoff Regan

I get the impression the hon. member means, by the greater Sherwood Park area, the city of Edmonton. I will leave that to him when he gets up in a couple of minutes.

The hon. member for Edmonton West.

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

February 13th, 2017 / 3:20 p.m.

Conservative

Kelly McCauley Conservative Edmonton West, AB

Mr. Speaker, I am very pleased to be one of the 28 Conservative MPs who are part of the greater Sherwood Park collective. Some people may also have referred to it in the past as Alberta, but now it is the greater Sherwood Park collective.

The member is right on a lot of trade issues. It is affecting Alberta right now. We need to very strongly move forward on our trade initiatives, whether it is CETA or following with other countries. Canada, we know, is very clearly a trading nation. About 60% of our GDP is wrapped up with trade.

I see I am running of time. I spent too much time on the greater Sherwood Park area.

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

February 13th, 2017 / 3:20 p.m.

Conservative

Garnett Genuis Conservative Sherwood Park—Fort Saskatchewan, AB

Mr. Speaker, as much as I would love to spend the next 20 minutes clarifying that point, we better get on to discussing the Canada-EU free trade deal. I think this will be my last opportunity in the House to address this important agreement, and even my colleagues are happy about that fact.

This really is a very important trade deal. It is important for Canada's prosperity and it is important for the prosperity of the European Union. It also comes at an important time in terms of the broader international conversations that we are having about trade.

To review the basic facts, this is a trade agreement that could bring a 20% boost in bilateral trade between Canada and the EU, a $12-billion annual increase in Canada's economy. That is the economic equivalent of adding $1,000 to the average Canadian family's income or almost 80,000 new jobs to the Canadian economy. It is a significant, very direct impact. People watching at home should know that we are talking about $1,000 to the average family's income possibly resulting from the expansion of economic activity that would result from this trade deal. This is a clear benefit in terms of prosperity that flows from this trade deal, but there are other benefits.

For the first part of my speech, before I go on to discuss some of the positives in terms of trade, I want to respond to some of the arguments that I have heard in the House throughout this debate on this particular agreement but also on other agreements. What are people saying against this trade deal and what can or should be said in response to that?

We hear five principal criticisms of trade coming from different parties in the House and other directions as well. We have heard concerns raised about investor-state provisions. We have heard some people say that we should not be signing these big multilateral trade deals and that they would prefer that Canada focus on bilateral trade deals, which is what the NDP is talking about. We have heard people say that there is a risk to jobs from this. We have heard people talk about trade balance. We have also heard in this discussion about fair trade, that trade is fine but it has to be fair. I want to speak to each of these points, which may not be criticisms but arguments that come generally from those who are more critical of trade.

First, on the question of investor-state provisions, the criticism is raised by some people that trade deals involve a process inevitably of adjudication. When a company or an individual feels that the commitments made in a trade deal are not being followed, there is an adjudication process. This allows the critics of trade to come out and say that trade deals allow private companies to sue the government, which is sort of held up as a big red flag.

Let us put this criticism of trade deals in context. We know that a key hallmark of a free society is that governments as well as all of us are bound by law. The law is not simply the means by which the state controls the rest of society; rather, the law is a thing that binds every actor, governmental and non-governmental, within a society. There is a fixed process by which a law is changed, and that process as well must be honoured by the government. This idea that the rule of law structures our life in every way outside of even trade deals has its roots in our very ancient constitutional tradition as well as theories of natural law, that government is bound by law as well.

Even in the absence of trade deals, there is an opportunity for individuals, companies, and civil society groups to bring legal action against the government, to hold the government accountable to the law. That is part of the rule of law. It is central to a good society that government is bound by law. In the context of trade deals, of course, these trade deals impose certain requirements on government.

Governments make commitments to abide by certain provisions with respect to these trade deals. It is necessary, if one is going to have a trade deal that has force, that has meaning, that there be a mechanism by which those who feel they are negatively affected when governments do not follow the provisions of the trade deal can bring forward legal action to challenge the behaviour of governments that are not following through on the commitments that are in these deals.

That speaks to why we have to have some kind of adjudication process as part of trade deals. We have to have an ability for companies, individuals, civil society groups, to bring action against governments if those individuals, companies, civil society groups are negatively impacted by the government's failure to adhere to the provisions of the deal. That is why trade deals have these kinds of provisions that allow the bringing forward of action against governments. It is because governments have to be bound by their commitments in trade deals or elsewhere. Governments, like the rest of us, have to follow the law.

I would understand if some people object and say that they do not like this, that or another provision of a particular trade deal, although I think, on balance, this trade deal is very good. It is one thing to say we do not like specific aspects of a trade deal, but it does not make much sense to me to say we should not have an adjudication process to hold governments up to the standards set by the trade deal. If we are going to have a meaningful trade deal, we have to have some kind of process of adjudication against that deal to ensure that the commitments made in the deal are actually followed through on. That is why these investor-state provisions are important. I think that point needs to be understood and appreciated by some members of the House and elsewhere who have focused their criticisms on this particular aspect of the different trade deals that we have seen here and seen debated elsewhere.

The second criticism we have heard, and we have heard this from the NDP members, is they are willing to support certain bilateral trade deals but have generally been suspicious or critical of trade deals that are undertaken on a more multilateral basis. I know they supported the Canada-Korea free trade deal and they are supportive, at this stage at least, of the Canada-Ukraine free trade deal, but they have made the point, in questions and comments, that these are bilateral trade deals and not multilateral trade deals. I scratch my head when I hear that point in terms of trying to understand what the actual difference is.

Of course, there is the obvious difference that one involves more countries than another but really, philosophically, multilateral trade deals move us faster forward in getting trade access to more countries. They allow us to advance our desire to access more markets and give more economic freedom to Canadians more quickly. The negotiation process can be more elongated and more complex, but there is no fundamental reason to support bilateral trade deals and not multilateral trade deals.

I would also make the point that if we are not keen on multilateral trade deals, effectively we shut out the possibility of trade with certain blocs of countries that have already entered into trading arrangements which preclude any individual country from within that arrangement from making individual bilateral agreements.

Within the European Union, of course, as we are discussing today, an individual country in the EU cannot go out and sign a bilateral trade deal with Canada because the conditions of the union are such that the union as a collective must sign these new trade deals to move forward.

The position of the NDP in accepting bilateral trade deals but not multilateral trade deals is effectively to shut off the possibility of trade with large regional blocs. I would just add that as we see the emergence of more of these regional trade blocs, that position would effectively really limit Canada's ability to expand its economic relationships with other countries. I think we should hope for trade deals that bring in as many countries as possible, that expand the sphere of prosperity and of freedom, and cast that net as wide as we can.

The third criticism we have heard throughout this debate is people say that a trade deal is going to put jobs at risk. Usually it is not phrased like that. They say that in a particular sector we're going to expose jobs to competition, so we're going to lose those jobs.

It, of course, does not follow that when we open up the possibility of exchange and competition we are necessarily going to lose those jobs. We may well create the conditions for improvements in that sector, for the expansion of jobs here, and improvements in technology and other things through competition that is beneficial to consumers.

What is the alternative to open trade? One can understand maybe the allure of protectionism, putting up trade walls and preventing one's industry from needing to compete against other industries, but in the long run, protectionism does not create jobs; it kills jobs, because when one limits the market access of one's industry, investments that might otherwise get made here get made in other places. In the long run, we do not see the new investments in a protectionist environment that would actually create jobs for the future.

On this side of the House, as the Conservative Party, we are thinking not only about the businesses and jobs that exist today, but the businesses and jobs that do not yet exist but could exist under the right conditions. When we move forward with a robust trade agenda, it is with an eye, yes, to benefiting consumers and existing businesses, giving them access to new markets, but also to opening up the opportunity for businesses which do not yet exist to come into existence.

With this trade deal, Canada would be extremely well positioned to encourage the creation of new business. We would have preferential trade access to the United States and the European Union. I might add that we would have an opportunity, if the government proceeds in this direction, to pursue deeper trading relationships with major economies and like-minded democracies within the Asia-Pacific region. We have a real opportunity.

On the other hand, when we open ourselves up to competition through trade, it is important that we do not take steps that undermine the competitiveness of our industry. I worry that the government is doing things that are going to, in fact, undermine our competitiveness, such as the new taxes the Liberals are imposing, the carbon tax, the increase to the payroll tax, the elimination of the small business hiring credit, the effective tax increase on small businesses.

Yes, there is a squeeze on the taxation side coming from the government which is putting our economy at risk and is hurting our competitiveness, but nonetheless, in general terms, we see that opening ourselves up to competition and the benefits that come from exchange will benefit us and create jobs in the long run. The strategy of building up protectionist walls does not encourage investment. It is not a job-creation strategy. Protectionism is a job-killing strategy.

One of the other points we hear from those who are critical of trade is the need to be hypersensitive around the issue of a trade balance, that we cannot be running a trade deficit, that we should always be trying to export more than we import. Let us be very clear about what the objective of trade is. Fundamentally, the objective of trade is to increase the standard of living and quality of life for Canadians.

Some people still think about trade in this kind of 17th century mercantilist economic mode, where it is all about exports over imports. We have heard this criticism, in fact, from the government, saying that we have a trade deficit and that is somehow catastrophic. The reality is that a trade deficit, unlike a budget deficit, is not something that has to be paid off. In any normal economic exchange system, there are going to be times when one imports more than one exports, or vice versa.

Finally, I want to talk about the issue of fair trade. This is a frequent talking point around the trade issue: yes, free trade, but what about fair trade? When governments enter into trade negotiations, they are not themselves determining what goods will be traded. They are not determining the prices or the terms of trade between countries. Rather, they are undertaking negotiations to open up the space for trade to occur between private actors in individual countries. It is up to those private actors, of course, to make trades and exchanges that they regard as being in their own interests. People do not make exchanges if they are not usually beneficial. That is fairly clear in any normal interaction.

In the international trade discussion, people are often asking whether it is fair and who is winning in that trade deal. I made this point before. When I go to the grocery store, who is winning? Is it me or the store? Actually, we are both winning. The store is getting my money and I am getting groceries that I need. Mutually beneficial exchange is not about someone winning or losing; it is about everyone being better off.

Therefore, when governments undertake trade negotiations, they open up the possibility for a mutually beneficial exchange to occur between individuals in the different countries. There might be certain conditions, where in the absence of proper environmental protections or proper labour rights protections, there would be an unfairness that would result from that. However, generally speaking there is no creation of compulsory trade as a result of these agreements, so there is not a need to worry that there would be some unfairness that emerges in trade, for instance, in an agreement between Canada and the EU. What we are doing is giving private individuals and companies the freedom to enter into trading relationships that are beneficial for them, for their customers, and for the people they are exchanging things with.

I hope that for those members of other parties who are listening, this addresses many of the principal criticisms of trade deals that are out there, the criticisms around investor-state provisions, around multilateral versus bilateral trade deals, around jobs, around trade balance, and around questions of fairness.

If I can, in the time I have, I will briefly make some comments about the future of our trade agenda.

I commend the government on moving forward to implement a number of trade initiatives that were begun, and, in the case of this deal, signed by the previous government. It is a credit to the Liberals that they are moving forward with a trade deal that was put on their desk.

On the other hand, we had the trans-Pacific partnership, which was put on their desk, and they dragged their feet and it is still there. Of course, the signals we are getting from the American administration has put a big question mark beside that. In whatever form, it is critical that the government lead on trade in the Asia-Pacific region. There is huge opportunity for Canada to expand its economic activity in the Asia-Pacific. The basic logic of emphasizing our relationships in the Pacific is still very much there. It is important, because we need to make trading agreements with like-minded democratic countries, like Japan, Australia, and New Zealand, countries that share our values, and to use those agreements to set the terms of trade in a way that is consistent with the rule of law in that region. That is an opportunity that we have, and we need to lead and speak clearly about the value of that trade.

We need to work with the Americans to have them continue to engage with freer trade in the Asia-Pacific region as well. I was always a big supporter of the trans-Pacific partnership and will continue to be. In whatever form we move forward, I would encourage the government to not just move forward with some of the agreements that we signed, but to undertake new trade initiatives that reflect new challenges and new realities, and especially to consider that opportunity and need in the context of the Asia-Pacific region.

We know, as I said at the beginning of my remarks, the benefits that come from free trade, and from this deal in particular. Estimates tell us that this could bring in a $12-billion annual increase to Canada's economy. That is the equivalent of adding $1,000 to the average family's income and almost 80,000 new jobs to the Canadian economy. That involves exposing existing industry to competition. It involves giving consumers the benefit of a much wider degree of trade access, and it creates an opportunity for not one side to win or lose, but for Canada and Europe to prosper and to strengthen ourselves together.

I hope we move forward with this, and I hope we see the continuing development of new trade initiatives that will allow us to achieve shared prosperity with other countries as well.