Bill C-31 (Historical)

Canada-Ukraine Free Trade Agreement Implementation Act

An Act to implement the Free Trade Agreement between Canada and Ukraine

This enactment implements the Free Trade Agreement between Canada and Ukraine, done at Kyiv on July 11, 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 15 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, provides for the payment by Canada of its share of the expenditures associated with the operation of the institutional and administrative aspects of the Agreement, and gives the Governor in Council the power 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.
Part 3 contains coordinating amendments and the coming into force provision.

Canada-Ukraine Free Trade Agreement Implementation Act

[Daniel Blaikie, NDP, Elmwood—Transcona, MB]

I wish I did, Mr. Speaker, but I cannot say that I do. It makes sense that as the size of the agreement increases, the importance of following that process increases as well. When the government tables a trade bill as large as what is called the comprehensive economic trade agreement with Europe, and then asks members to debate it in the House in very short order, without the period the government's own policy suggests MPs need to get up to speed on it, it makes no sense at all.

I do not know why the Liberals chose to do it that way. They felt a false sense of urgency about this all along. Perhaps the member for Regina—Lewvan can take up this theme in his remarks.

[Erin Weir, NDP, Regina—Lewvan, SK]

Mr. Speaker, of all the Canadian provinces, Manitoba and Saskatchewan are the two that have the highest population share of Ukrainian ancestry. It is certainly a heritage of which we are extremely proud.

One of our great premiers, Roy Romanow, was of Ukrainian ancestry. He often told stories about his father emigrating from the Ukraine and working on the railroad, so there is a lot of excellent common heritage there. Mr. Romanow himself has made many great contributions to this country, first and foremost as premier of Saskatchewan, but before that he played a critical role in the patriation of the Constitution. After his time as premier, he also chaired a very important report on the future of public medicare in Canada. He would be just one example of an important Ukrainian Canadian from Saskatchewan.

Another example, from the same realm, was a fellow named Ed Tchorzewski, who was perhaps a bit less known nationally. He was a deputy premier of Saskatchewan. Unfortunately, he passed away recently, but his son, Dion Tchorzewski, continues as a very active lawyer in Regina and a very important member of the community.

I would like to turn to the trade agreement with Ukraine we are considering today. I would like to note that I rose in this House both on Friday and on Monday to speak against the comprehensive economic and trade agreement between Canada and the European Union. I made two main points in opposition to that deal. The first had to do with trade flows. I made the point that Canada has a deep trade deficit with the European Union, and in fact, that trade deficit is even deeper if we exclude the United Kingdom, which is leaving the EU in the wake of the Brexit vote. I made the point that simply amplifying or trying to amplify trade flows between Canada and what is left of the European Union would likely result in an even larger trade deficit, which would be a detraction from Canadian output and employment. That was one critique of CETA: its potential negative consequences in terms of trade flows.

My other critique of CETA was its investor-state provisions, which have very little to do with trade and everything to do with empowering foreign corporations to directly challenge our democratic laws, regulations, and public policies through a special, secretive commercial tribunal process, which CETA would apply to the municipal level of government for the first time.

As I said, my objections to CETA were the current pattern of trade between Canada and the EU as well as the investor-state provisions.

The reason the NDP is pleased to support this trade agreement with the Ukraine is that there would be a very different pattern of trade present. Currently, Canada runs a significant trade surplus with the Ukraine, and there is every reason to believe that this liberalization of trade could actually improve that trade surplus and could actually add to Canadian output and employment in modest but important ways. We think this agreement could actually be positive in terms of its effect on Canadian trade flows. That is the first important distinction between this deal and CETA.

The other important distinction, as my colleague from Elmwood—Transcona already explained very well, is that this deal does not include these pernicious investor-state provisions that would allow foreign investors to sue the Canadian government when our public interest regulations interfere with some sort of potential future or hoped-for profit. A major problem with CETA is that it would carry on these investor-state provisions and would impose them at the municipal level. The agreement with the Ukraine does not include those provisions, so we are happy to support it as a trade agreement.

Having said all that, I want to also express some concerns about the situation in the Ukraine and its potential ramifications for trade with Canada.

To be blunt, in Ukraine there is a lack of human rights, a lack of labour rights, and a lack environmental protections. Those can have some very negative consequences for trade flows. One example I would cite is that Ukraine has been a major source of steel dumping in world markets. There is a large-scale industry in Ukraine. It is really not subject to a lot of labour standards or environmental rules. The Canadian International Trade Tribunal has applied anti-dumping duties on Ukrainian steel. Just a few months ago, it renewed those duties, because it found that the problem still persisted that Ukrainian steel coming into Canada was very much underpriced.

I do not want to give the sense that everything is well with trade between Canada and Ukraine, but we see this agreement as a potentially useful tool to remedy that situation, in part because the agreement would allow Canada to continue to use those trade remedies to deal with the underpricing of Ukrainian steel.

I mentioned that there are a lot of people of Ukrainian origin in Regina. There are also a lot of people in Regina who work for a steel mill, so one of the things that is important to me about the agreement is the fact that it preserves Canada's ability to use trade remedies to correct some of the problems we see with Ukrainian steel imports.

Beyond steel, given the problems with human and labour rights in Ukraine, it is very important that the agreement also be accompanied by a human rights assessment. That is something the NDP is going to be proposing when the bill is before committee. We think it is very important, in supporting the agreement, to also support a robust human rights assessment to make sure that the benefits of trade are actually helping the people of Ukraine and are not just lining the pockets of oligarchs.

To sum up, there is a very proud Ukrainian heritage in our country, especially in the prairie provinces, especially in Saskatchewan. I think, for example, of the Regina Walsh Acres NDP Ukrainian banquet. It is a fantastic event in the northern part of my riding that I am often keen to attend. It is always a fantastic meal, with great dancing. It is a great social event.

In terms of the trade deal itself, the NDP is pleased to support it, because we have a constructive trade relationship with Ukraine. We run a trade surplus. We see the possibility that the agreement could actually add to Canadian output and employment while at the same time helping with Ukraine's economic development.

We are also happy to support the agreement because it actually is a trade agreement. It does not include these investor-state provisions that would allow foreign corporations to directly challenge our laws, regulations, and public policies.

Finally, we salute the fact that the agreement preserves Canada's ability to use trade remedy provisions when necessary to deal with some of the problems that exist with Ukrainian products, like steel, coming into Canada.

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

Mr. Speaker, the fact that the New Democrats have chosen to support this trade agreement is a very strong positive for all Canadians.

We believe that when we have these sorts of trade agreements, it is good for Canada's economy. It is good for our middle class and those aspiring to become part of our middle class. It is, in good part, about creating jobs.

Canada is a trading nation. We are very dependent on world trade. What makes this very special, as the member himself attested, is that it is with Ukraine. If one is from the prairies, one has to appreciate Ukrainian heritage. I thought it was really quite nice that we had perogies served for lunch. I suspect it was somewhat of a coincidence, but it was a nice coincidence.

My question for the member is one I have posed to other members across the way. We understand the economic value. We benefit from that, both Canada and Ukraine. Is there anything else the member would like to add in terms of other aspects of the agreement, such as the idea that this is a significant step forward in enhancing a very special relationship between two countries? Perhaps he would like to add some further thoughts on that or possibly on the people of Ukrainian heritage and the ways they have helped form government policy. I am thinking specifically of organizations like the Ukrainian Canadian Congress and people in our communities who have had an impact on what we are debating today.

[Erin Weir, NDP, Regina—Lewvan, SK]

Mr. Speaker, my colleague from Winnipeg North is unusually magnanimous today, and I greatly appreciate his kind question.

He did sort of broaden NDP support for this trade agreement to a general statement in favour of free trade deals helping the middle class. I think this is an important distinction between the NDP and the government. While the government believes that any and all of these trade deals are a good thing and should be blindly supported, we in the NDP think it is very important to look at the specifics of the agreement and evaluate it on that basis.

It is for that reason that we had some very serious concerns with CETA, but we do not find those concerns present in this agreement. In fact, we see good reasons to support it.

[Elizabeth May, Green, Saanich—Gulf Islands, BC]

Mr. Speaker, I completely agree that CUFTA, the Canada-Ukraine free trade agreement, does not include an investor-state provision. However, I was surprised to discover that it was because we already had an investor agreement with Ukraine. It was brought in in 1994. It has not resulted in any cases that we know of, although one of the odd features of such investor-state agreements is that the Canadian public does not have any right to know about all the cases that come before them, depending on the language. The CETA provisions are different.

I would like to ask about the the lack of transparency as Canada enters into, bit by bit, bilateral investment treaty after bilateral investment treaty, weaving a web of increased corporate rule at the global level.

[Erin Weir, NDP, Regina—Lewvan, SK]

Mr. Speaker, we have spoken a lot about the investor-state provisions of trade agreements, but the member is quite right to point out that there are also many of these bilateral investment treaties that entail many of the same problems, many of the same challenges. The problem, really, is that it empowers foreign corporations to directly challenge our democratic laws, regulations, and policies, not in front of the court system, which is open and transparent, but before these secretive, commercial tribunals that meet behind closed doors.

I absolutely agree that this is a huge problem, whether it is through investor-state provisions in a trade agreement or whether it is through a bilateral investment protection agreement.

[Mark Warawa, Conservative, Langley—Aldergrove, BC]

Mr. Speaker, it is a real honour to speak with your oversight as Speaker today. So I do not forget, I want to wish you and yours a very merry Christmas as we approach the Christmas season, happy Hanukkah and happy new year.

I am truly honoured to speak to Bill C-31. It is a very important bill and it is unique in that it brings all the parties here from diverse opinions on different political debates together to support a free trade agreement between Canada and Ukraine. It is a good thing. It is nice to see the New Democrats temporarily lay aside their ideologies and their positions on free trade agreements, which is normally no, and say yes, and it is for very important reasons. I believe it is because of the incredible work and the history and relationship between Canada and the Ukraine.

I will be sharing my time with the member for Lakeland.

As has been pointed out, of our population in Canada of only 35 million people, 1.3 million have a Ukrainian heritage. I am one of those. I am greatly honoured that my grandparents, my baba and gido, from Brody, Ukraine, came to Canada and homesteaded, worked the land, built roads, cleared the land and worked hard to pay taxes. It was a very tough time but it was necessary. Different groups came from Europe to Canada to homestead and help build our great country.

That is the foundation on which we find ourselves in Canada. We have this heritage and this wonderful relationship between Canada and Ukraine.

The largest population of people with a Ukrainian heritage of course is in Ukraine. However, the second largest in the world is in Canada. That wonderful Ukrainian culture blesses us. The member across the way was so happy that perogies, cabbage rolls, borscht, kumasi were available. It is the wonderful food. We are also experiencing the wonderful dance at this important time of the year.

I also want to give huge thanks to the member of Parliament for Abbotsford who, in the last Parliament, was the minister of international trade. I have never seen somebody work as hard as he did. He was on the go, going all over the world. He accomplished free trade agreements that would create jobs and financial prosperity in Canada. He worked so hard for our country. I want to thank him for all the work he did.

In fact, I was able to go with him on one of his trade agreement trips. Senator Andreychuk was there as was the member for Selkirk—Interlake—Eastman. Again, we witnessed first hand how hard the member for Abbotsford, the former minister of international trade, worked.

I was also honoured to be with the former Prime Minister of Canada, Stephen Harper, on one of those trade agreement trips. Shortly after President Yanukovych was elected the president of Ukraine, the prime minister hosted a trade mission to build relations with Ukraine.

On July 14, 2015, Prime Minister Harper and the prime minister of Ukraine successfully completed the negotiations on the Canada free trade agreement. It was a lot of years and a lot of hard work, and it was concluded just before the last election.

I am very happy and thankful that the government has indicated this is also one of its priorities, to continue the work of the previous government and see this very important free trade agreement ratified. It will be good for Canada and for Ukraine.

I also want to give huge thanks to the member for Selkirk—Interlake—Eastman. He has been long an advocate for justice. He is our critic for defence and is doing a great job. He has been to Ukraine many times. I enjoyed being with him on one of those trips as election observers.

In the last election when President Poroshenko was elected, I was an election observer in western Ukraine. The member observed first hand the attacks of war coming from Russia, directed by Putin. He first took Crimea as we were celebrating the Olympics. Then he continued to try to take eastern Ukraine. That mentality of dominance is very reminiscent of the Stalin years, when they would try to expand the Russian borders through all forms of brutality.

Over the years we saw President Yushchenko poisoned. Then Yanukovych took over. Then there were the shootings in Maidan, Russian provocateurs working with President Yanukovych killing Ukrainians. After Maidan, there was the election when Poroshenko was elected president. He came to Canada and spoke to Parliament in the House. The member for Selkirk—Interlake—Eastman and the member for Abbotsford built an incredible relationship with the president of Ukraine. For him to come to Canada as one of his first state visits identified the wonderful relationship we had with Ukraine.

I want to thank the government for now moving ahead and ratifying this very important agreement. That shows support to Ukraine. It is a benefit to Ukraine and to Canada. Again, I thank all of those who have done so much work.

More needs to happen. The fix for Ukraine is not won. There is no one secret thing that we can do to support Ukraine as it is protects itself in a defensive mode from the attacks from Russia, wanting to take the eastern part of Ukraine. We need to continue in our support of Ukraine. How do we do that?

Russian aggression has to be identified for what it is. The House will be voting shortly on Bill C-306. Over generations, there have been Russian attacks, from Stalin on, against Crimean Tatars. It meets the definition of genocide. Therefore, Bill C-306 asks Parliament to show Ukraine its support and call genocide what it is in the face of the Crimean Tatars. I hope every member in the House will do the right thing.

The other thing is increasing youth mobility. We need Ukrainian interns to continue to come to Canada and work so they can learn how Parliament is to function, not learn from our bad examples, but from good examples, so they can build a strong, prosperous country. We also need to fund PTSD training so those who struggle from the Russian attacks will be able to get the appropriate treatment. If we train them how to fish, they can fish. If we train them how to treat PTSD, they can meet those needs within their country, which are so important.

I am available to answer questions, but in the interest of time, I would ask members in the House not to ask me any questions so the member for Lakeland will be able to have her time. We are all anxious to hear her speak.

[Shannon Stubbs, Conservative, Lakeland, AB]

Mr. Speaker, I am honoured to speak to Bill C-31 in support of the free trade agreement between Canada and Ukraine on behalf of the thousands of Ukrainian Canadians who call Lakeland home.

As we have heard so often today, the Canada-Ukraine free trade agreement, which was successfully negotiated and concluded in July 2015, will immediately eliminate duties on 99.9% of imports from Ukraine into Canada and 86% of Ukrainian tariffs on Canadian products, including industrial goods, forestry and wood products, fish and seafood products. This agreement will benefit both Canadian and Ukrainian exporters, businesses, and customers, and will continue to strengthen the Canadian Ukrainian partnership of peace and prosperity.

Ukraine and Canada have shared a strong and vibrant relationship for over a century. Important milestones for the Ukrainian community in Canada and in my home province of Alberta were marked in 2016. It has been deemed Alberta's Year of the Ukrainian Canadian, as we all celebrate 125 years of Ukrainian immigration into Canada. It also marks the 40th anniversary of the founding of the Canadian Institute of Ukrainian Studies. The year 2016 is the 25th year of Ukrainian independence.

Lakeland in particular has benefited from diverse and rich Ukrainian cultural traditions and practices. From Bruderheim to Vermilion, Radway to St. Paul, Vegreville to Lamont, around St. Michael and Andrew, Ukrainian immigrants came to Canada in the early 1890s, before Alberta even became a province, to seek a better life for their families. Vast farmland was sold in quarters to new Ukrainian Canadians for $10. That is significant, considering many had to sell everything they owned in order to pay $150 for a ticket to a new life.

By 1914, more than 250,000 Ukrainians called Alberta home. Alberta is where most new Ukrainian Canadians settled and where many of the earliest religious and cultural institutions were founded. Many of these new Canadians arrived with empty pockets, ready to take whatever job they could find, often making just enough to cover basic necessities. Anything extra was invested in cattle, horses, other livestock, and farm tools. Families were able to grow their farm operations and a tightly knit sense of community among all new Ukrainian Canadians, which endures today. The sacrifices that Ukrainian Canadian pioneers made and the hardships they overcame are ones that current generations cannot imagine and future generations will never know.

Agriculture in Alberta in the early 1900s was defined by the success and growth of this productive and generous community. It was Ukrainian immigrants who brought with them specific wheat grains developed to grow red fife wheat, which continues to be grown throughout Alberta today.

The Canada-Ukraine free trade agreement will help support agriculture in Alberta. Albertans will benefit from enhanced market access opportunities and reduced transportation costs. Agriculture and agrifood products are the top exports from western Canada to Ukraine, averaging $78 million annually between 2011 and 2013.

In 2015, the previous government also established market access for beef, another top export to Ukraine. This sector remains an important and vital part of Canada's economy, especially in Lakeland.

In 2014, over half a million Canadians worked in agriculture, so successful trade agreements like this one will help sustain farmers and agricultural producers long into the future.

I was very lucky to grow up on a farm near Chipman, Alberta, surrounded by Ukrainian families, culture, and history. My husband's family, the Saskiws, came from Lviv, Ukraine just over a hundred years ago and settled in and between lnnisfree and Two Hills. My father-in-law's second language is English, his first is Ukrainian. That is not unusual in rural Alberta communities.

As a community, Ukrainian Canadians exemplify the preservation of language and traditions and the passing on of cultural practices to future generations while being proud Canadians. They have helped to build Alberta and I have witnessed first-hand how they continue to contribute every day to Alberta and Canada.

Vegreville, Alberta is home to the world's largest Ukrainian Easter egg, the pysanka, which symbolizes the harmony, vitality, and culture of the community. It is also dedicated to the 100th anniversary of the RCMP, who brought peace and security to the largest multicultural settlement in all of Canada. The Pysanka Festival, held every summer in Vegreville, is the largest Ukrainian festival in Canada. It is an annual gathering for Albertans in Lakeland who come together to enjoy Ukrainian treats prepared mostly by local moms and babas, and to celebrate more than a century of family and community.

Just like the pysanka in Vegreville, the Canada-Ukraine free trade agreement embodies the link between our two countries. Ukraine has struggled. The peace and calm we take for granted here in Canada is not the everyday reality for Ukraine. As an enduring partner, Canada has been there to help along the way.

Under the leadership of former Prime Minister Stephen Harper, Canada was able to negotiate the Canada-Ukraine free trade agreement, and no government did more to support Ukraine during its crisis than the previous Conservative government. Former Prime Minister Harper was the first G7 leader to visit Ukraine at the beginning of the illegal occupation of Crimea, and travelled to Ukraine four times between 2013 and 2015.

Under former Prime Minister Stephen Harper, Canada was a committed, reliable ally in defence of Ukraine's security and sovereignty. We are confident that partnership will continue. Canada can and should continue to be an unwavering partner of Ukraine, politically, socially, and economically. One out of every five Canadian jobs is tied to trade, so it is clear how important it is to continue to pursue free trade for Canada, for domestic job creation for Canadians, and because the world needs more of Canada.

To mark the 25th anniversary of Ukraine's independence, President Poroshenko granted the Order of Liberty, one of Ukraine's highest honours, to former Prime Minister Stephen Harper this past summer. This is testament to the long-standing relationship between Canada and Ukraine, and to Prime Minister Harper's dedication to Ukraine on behalf of all Canadians, particularly when they needed it the most.

Today, the Ukrainian people continue to face enormous security and economic challenges. The teaching of Ukraine's culture and heritage bolsters the Ukrainian-Canadian community at home. Since 1976, the University of Alberta has housed the Canadian Institute of Ukrainian Studies. Since then, they have added the Kule Folklore Centre and the Canadian Institute of Ukrainian Studies.

One in five Albertans is of Ukrainian ancestry. The community remains committed to passing on its rich cultural heritage and practices to future generations.

Here in Ottawa, parliamentarians can offer learning opportunities for university students from Ukraine to study here through the Canada-Ukraine parliamentary program. I want to thank the member for Selkirk—Interlake—Eastman for encouraging me to participate.

Last session, I was honoured to host a Ukrainian student named, Nazar, also from Lviv. He was an active and engaged member, and contributed in many ways to our team every day. He told me, when he completed his term with us, that having learned here in Canada, one of the freest democracies in the entire world, he was determined to continue to contribute to a brighter, stronger future in Ukraine. This program is essential to supporting and enhancing democracy and liberty in Ukraine, just like the Canada-Ukraine free trade agreement is essential to furthering Ukraine's economic stability and independence.

Today, the Ukrainian culture and Ukrainians remain important pillars of many rural and urban Alberta communities. Edmonton houses the largest Ukrainian community, and Alberta has the largest number of Ukrainian communities outside of Ukraine itself.

I am proud to represent thousands of Ukranian-Canadians who will benefit from this historic agreement. This bill will strengthen our ties, grow both economies, and ensure that Canada and Ukraine remain steadfast partners long into the future.

[The Assistant Deputy Speaker, Liberal, Anthony Rota]

Is the House ready for the question?

[Some hon. members]

Question.

[The Assistant Deputy Speaker, Liberal, Anthony Rota]

The question is on the motion. Is it the pleasure of the House to adopt the motion?

[Some hon. members]

Agreed.

No.

[The Assistant Deputy Speaker, Liberal, Anthony Rota]

All those in favour of the motion will please say yea.

[Some hon. members]

Yea.

[The Assistant Deputy Speaker, Liberal, Anthony Rota]

All those opposed will please say nay.