Comprehensive and Progressive Agreement for Trans-Pacific Partnership Implementation Act

An Act to implement the Comprehensive and Progressive Agreement for Trans-Pacific Partnership between Canada, Australia, Brunei, Chile, Japan, Malaysia, Mexico, New Zealand, Peru, Singapore and Vietnam



In committee (Senate), as of Oct. 17, 2018

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This is from the published bill. The Library of Parliament often publishes better independent summaries.

This enactment implements the Comprehensive and Progressive Agreement for Trans-Pacific Partnership, done at Santiago on March 8, 2018.

The general provisions of the enactment set out rules of interpretation and specify that no recourse is to be taken on the basis of sections 9 to 13 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.


All sorts of information on this bill is available at LEGISinfo, provided by the Library of Parliament. You can also read the full text of the bill.


Oct. 16, 2018 Passed 3rd reading and adoption of Bill C-79, An Act to implement the Comprehensive and Progressive Agreement for Trans-Pacific Partnership between Canada, Australia, Brunei, Chile, Japan, Malaysia, Mexico, New Zealand, Peru, Singapore and Vietnam
Oct. 3, 2018 Passed Concurrence at report stage of Bill C-79, An Act to implement the Comprehensive and Progressive Agreement for Trans-Pacific Partnership between Canada, Australia, Brunei, Chile, Japan, Malaysia, Mexico, New Zealand, Peru, Singapore and Vietnam
Oct. 3, 2018 Failed Bill C-79, An Act to implement the Comprehensive and Progressive Agreement for Trans-Pacific Partnership between Canada, Australia, Brunei, Chile, Japan, Malaysia, Mexico, New Zealand, Peru, Singapore and Vietnam (report stage amendment)
Oct. 3, 2018 Failed Bill C-79, An Act to implement the Comprehensive and Progressive Agreement for Trans-Pacific Partnership between Canada, Australia, Brunei, Chile, Japan, Malaysia, Mexico, New Zealand, Peru, Singapore and Vietnam (report stage amendment)
Oct. 3, 2018 Passed Time allocation for Bill C-79, An Act to implement the Comprehensive and Progressive Agreement for Trans-Pacific Partnership between Canada, Australia, Brunei, Chile, Japan, Malaysia, Mexico, New Zealand, Peru, Singapore and Vietnam
Sept. 18, 2018 Passed 2nd reading of Bill C-79, An Act to implement the Comprehensive and Progressive Agreement for Trans-Pacific Partnership between Canada, Australia, Brunei, Chile, Japan, Malaysia, Mexico, New Zealand, Peru, Singapore and Vietnam
Sept. 18, 2018 Failed 2nd reading of Bill C-79, An Act to implement the Comprehensive and Progressive Agreement for Trans-Pacific Partnership between Canada, Australia, Brunei, Chile, Japan, Malaysia, Mexico, New Zealand, Peru, Singapore and Vietnam (reasoned amendment)
Sept. 18, 2018 Passed Time allocation for Bill C-79, An Act to implement the Comprehensive and Progressive Agreement for Trans-Pacific Partnership between Canada, Australia, Brunei, Chile, Japan, Malaysia, Mexico, New Zealand, Peru, Singapore and Vietnam

Comprehensive and Progressive Agreement for Trans-Pacific Partnership Implementation ActGovernment Orders

October 16th, 2018 / 3:05 p.m.
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The Speaker Liberal Geoff Regan

It being 3:07 p.m., pursuant to order made on Monday, October 15, the House will now proceed to the taking of the deferred recorded division on the motion at third reading stage of Bill C-79.

Call in the members.

Comprehensive and Progressive Agreement for Trans-Pacific Partnership Implementation ActGovernment Orders

October 5th, 2018 / 1 p.m.
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Ali Ehsassi Liberal Willowdale, ON

Mr. Speaker, again, I am honoured to rise in the House today to discuss Bill C-79, an act to implement the comprehensive and progressive agreement for trans-Pacific partnership between Canada, Australia, Brunei, Chile, Japan, Malaysia, Mexico, New Zealand, Peru, Singapore and Vietnam.

Bill C-79 is our government's commitment to the swift ratification and implementation of the CPTPP. Implementing and ratifying the CPTPP would strengthen our existing trade partnerships with Chile, Mexico and Peru, and provide preferential access to seven new markets: Australia, Brunei, Japan, Malaysia, New Zealand, Singapore and Vietnam. Doing so would improve market access to an estimated 500 million global consumers with a combined GDP of $13.5 trillion, representing roughly 40% of the world economy. These numbers are truly staggering and offer a glimpse into the endless opportunities afforded by the CPTPP.

This agreement would diversify trade to benefit the middle class and enhance our ability to compete and win on the global stage. As I have previously mentioned during the debate in this chamber over the Canada-European Union Comprehensive Economic and Trade Agreement, any student of Canadian history knows our great country has been, in many ways, shaped and founded by trade. To this day, nearly 60% of our GDP and fully 20% of Canadian jobs are immediately tied to exports. Our government understands increased trade leads to economic growth and that economic growth leads to jobs for the middle class.

However, this simple fact is currently under siege. As the world slides toward protectionism and isolationism, a regression apparently favoured by some of my colleagues across the aisle, it is vital Canada remains an open society and a champion of open global markets. On this side of the House, we recognize the prosperity of hard-working Canadians and their families is directly linked to diversifying into new markets.

From the ratification of CETA to the recent conclusion of the USMCA framework, our government has long understood a commitment to free and fair trade is absolutely vital. As the only G7 country that is a signatory to all three of these agreements, once CPTPP enters into force, Canada would have 14 trade agreements that would provide preferential access to 51 different countries. Combined, this represents access to nearly 1.5 billion global consumers and over 60% of the global economy.

The complicated progression of this agreement on the global stage, as I have said previously, serves as further proof that these values are currently under attack from protectionist forces. In light of such pressures, I am truly proud of our government for having taken the lead in negotiating this progressive free trade agreement.

Before I continue, I would like to thank the Minister of Foreign Affairs and the Minister of International Trade Diversification for their hard work on this file, as well as the members of the Standing Committee on International Trade for their insights and contributions. Moreover, as a former international trade lawyer myself, I would like to thank and congratulate former colleagues in the public service who helped make this important agreement a reality.

It was as a trade lawyer that I gained valuable first-hand knowledge into the tangible benefits that well-crafted trade agreements provide us with every day, and it is from that very same perspective I approach today's remarks. In particular, I would like to discuss six broad elements of Bill C-79 to highlight the very benefits this agreement would have for Canadian businesses, exporters, workers and families. My hon. colleague from Rivière-des-Mille-Îles focused on the preservation of our cultural sector. In turn, I will talk about market access, the service sector, investment, government procurement, and small and medium-sized enterprises.

Speaking first on market access, implementing the CPTPP will eliminate over 95% of taxes being imposed on over 99% of Canada's total exports. From making our machinery, equipment and business services more competitive, to protecting and preserving our unique culture, we are improving market access for Canadian business and have secured an amazing deal for Canadians. In fact, the vast majority of related tariffs will be eliminated immediately upon enactment of Bill C-79. After that, we will see the gradual introduction of more products being included in this list of tariff exemption over a period of 10 to 15 years.

To cite just a handful of targeted market access benefits, Bill C-79 would enhance market access opportunities for Canadian pork, beef, fruit and vegetables, malts, grains, cereals, animal feeds, maple syrup, wines and spirits, processed grain, sugar, chocolate confectionary and processed foods and beverages. It would also eliminate 100% of tariffs on Canadian fish and seafood products, benefiting the salmon, snow crab, herring, lobster, shrimp, sea urchin and oyster industries. In addition, we would see the elimination of 100% of tariffs on industrial goods and consumer products. Finally, tariffs on all Canadian exports of forestry and value-added wood products would be eliminated.

Delving into services, the CPTPP emphasizes the importance of transparency and predictability in order to give Canadian service providers more secure access to CPTPP markets, including a range of sectors for professional, environmental, mining-related, IT and financial services. In the face of a rapidly-evolving and modernizing global digital economy, the importance of these changes cannot be overstated.

Speaking of investment, this government has gone above and beyond the original conditions set in the TPP to better protect our investors, using Canada's negative list approach. Investors will be protected by provisions such as expropriation and denial of justice, backed by robust mechanisms for the resolution of investment disputes.

On non-tariff measures, Bill C-79 proposes to implement provisions related to non-tariff measures. Non-tariffs measures, as members are aware, refer to provision introduced regarding technical barriers to trade that will protect the key market access gains written into the agreement for the unnecessary and discriminatory regulatory burdens.

Moving to small and medium-sized enterprises, this government recognizes the importance of SMEs to the Canadian economy, which to do this day represents approximately 90% of our private sector jobs in Canada that will benefit from the provisions of this agreement. As a result, we have made it a priority to support SME access to the relevant data and information, a first among Canadian free trade agreements.

Provisions such as improved transparency, enforceable provisions on state-owned enterprises to promote fair business practices and an electronic commerce framework for cross-border data flows and server localization requirements have been made available to better protect Canadian businesses and encourage them to enter into the global market. These new measures will not only place Canadian businesses on the global value chain, but help them compete and thrive.

When our government came into office in 2015, in keeping with our commitment to evidence-based policy-making that listened to the needs and interests of Canadians, we held extensive consultations on the CPTPP, including over 41,000 correspondences and 265 interactions and meetings with more than 530 stakeholders. We did so to ensure a deal that promoted the creation of new jobs and benefits for Canadian families. The end result of this process is an ambitious and progressive trade agreement that will not only benefit Canadian businesses, workers, and families, but will certainly serve as a landmark for global trade arrangements moving forward.

Comprehensive and Progressive Agreement for Trans-Pacific Partnership Implementation ActGovernment Orders

October 5th, 2018 / 12:55 p.m.
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Linda Lapointe Liberal Rivière-des-Mille-Îles, QC

Mr. Speaker, I presume that my colleague is referring to Bill C-79 and not Bill C-69.

With respect to the trans-Pacific partnership, we are opening up a market of 500 million consumers. There is no doubt that they want our products, mainly our agrifood products. These products are the ones that are most in demand in Asia. There is an incredible market, and incredible possibilities. The trans-Pacific partnership will help us open up these markets.

Comprehensive and Progressive Agreement for Trans-Pacific Partnership Implementation ActGovernment Orders

October 5th, 2018 / 12:20 p.m.
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Karine Trudel NDP Jonquière, QC

Mr. Speaker, I will use my time to demonstrate why the progressive agreement for trans-Pacific partnership, or CPTPP, which Bill C-79 seeks to implement, is a bad deal.

The Liberals and the Conservative Party seem rather eager to get this bill passed. Try as I might, I cannot comprehend why. There have been extensive studies done in committee. Serious discussions needed to take place, but we should also have had more time to discuss the matter here, in the House. No one even bothered to listen to the evidence presented in committee. More than 400 witnesses appeared before the Standing Committee on International Trade, and comments were made by more than 60,000 people, 95% of which had negative things to say about the trans-Pacific partnership.

It is not just the NDP saying this. The people have spoken, loud and clear. If 95% of the 60,000 people having commented believe that it is a bad deal, I think the message is clear. As usual, however, the Liberals and Conservatives are doing as they please, totally disregarding what the people are saying. Holding consultations is all well and good, but they need to listen to what the people have to say, even if it does not always suit their agenda.

We were all elected to represent the people and to serve their interests, not ours. The NDP will always support agreements between Canada and other countries, despite what the government says and everything that has been said in the House during debate on Bill C-79. However, we do not want a deal at any cost. That is what is important. There are several reasons why this agreement does not deserve the progressive seal that the government likes to give it, and I will have the opportunity to present them in my speech.

We saw the same thing when the Conservatives were in power, and unfortunately, it is continuing under the Liberal government. We keep signing bad agreements. The more things change, the more they stay the same.

The government has allocated too little time to debate Bill C-79. I must point out that the Liberals and their Conservative friends allowed a time allocation motion on Bill C-79 to be passed in order to significantly reduce the hours of debate in the House. Because of the adoption of this motion, the number of hours of debate has been reduced from 10 to 4. That is irresponsible. It is important to debate this bill as much as possible so that we can improve it and serve the needs of the people.

We are now at third reading, and I would remind the House that the NDP would like to delete a few clauses from the bill. Several amendments were presented by my colleague from Essex and were unfortunately rejected out of hand.

I would like to focus on some motions moved by my hon. colleague dealing with clauses 11, 12, 19 and 50 of the bill. Clause 11 definitely needs to go, because it grants the minister exclusive power to appoint the members of the various panels. We would prefer that they be appointed in consultation with the ministers of environment and labour as well as with the public, as was suggested in committee.

Clause 12 should also be deleted, as it provides that the government's contribution to the commission's expenses not be disclosed. I find that unacceptable. We need to be transparent with the people. We sought to remedy the situation in committee by proposing an amendment, which my hon. colleague from Essex championed quite well. In the end, we saw the Liberals' hypocrisy at work when they opposed it.

Businesses in my riding are already concerned. They know that the agreement will not benefit them in the slightest and tens of thousands of jobs are in jeopardy around the country. Farms and small and medium-sized businesses are at risk of shutting down. This was already being reported back in March 2018 in Le Quotidien du Saguenay Lac-Saint-Jean; a dozen farm operations in the region closed up shop over the past year. Dairy farmers in Saguenay—Lac-Saint-Jean were already aware of the dangers of the breaches that the Liberals have opened in supply management.

Again back in March, Daniel Gobeil, president of the Producteurs de lait du Saguenay—Lac-Saint-Jean, said he was concerned that the negotiations around what was then still called NAFTA would once again be conducted at the expense of dairy farmers. He was right to be concerned. After what they went through with CETA, he said that dairy farmers did not want to be used as bargaining chips anymore, and yet, that is precisely what happened. Smaller operations saw their profits drop, and the climate of uncertainty created by the Liberals has discouraged some from investing, leaving them with no choice but to bow out.

To please the other CPTPP members, the Liberals opened a crack in our supply management system, a crack that has no reason to stay open, given that the United States withdrew from the agreement over two years ago. Members will recall that it was the U.S. that made this request. When they withdrew, a decision was made to keep it in the agreement anyway. The Liberal government gave up 3.25% of our domestic dairy market, 2.3% of our egg market, 2.1% of our chicken market, and 2% of our turkey market. Farmers cannot accept this wrongful decision, especially since the other countries did not ask for any concessions on our supply management system. I repeat, the United States was the only country to demand this, and it is no longer part of the agreement.

The cracks in our agrifood market are adding up. First, there was the Comprehensive Economic and Trade Agreement, which has had dramatic repercussions on our cheese producers. Now we have the CPTPP and soon the USMCA, in which the Liberals handed over our agricultural market to the Americans. One crack, two cracks, three cracks—it is starting to sound like a nursery rhyme. When will the Liberals stop using Quebec's dairy farmers as a bargaining chip?

This is getting to be a bit much. I will give you a concrete example from my region, Saguenay—Lac-Saint-Jean. Dairy producers are angry. For a brief moment they considered blocking a road in Saint-Bruno with a tractor to show just how unhappy and angry they are. They did not actually do it because they did not want to inconvenience people. In their opinion, the government made false promises on several occasions.

The agreements we are discussing in the House today are affecting dairy farmers. We are talking about the people who feed us, who work day after day to maintain our food sovereignty. These are the people we are attacking every time we reach a trade agreement. We are creeping up on a 10% breach in supply management. Several members have mentioned that here in the House. Imagine if we were to lose a month’s salary. We might be the first ones to complain.

I understand why they are angry and why they no longer believe the government’s promises of compensation. We saw that recently with CETA, with the importation of 17,500 tonnes of cheese. A program was offered, but dairy farmers had to invest money in order to receive compensation. Moreover, some of the producers I met with this summer had still to see any of that money. This is unacceptable. I understand why the dairy farmers in my region are angry and why they no longer believe in the Liberal government’s promises.

Furthermore, the agreement affects more than just the agricultural sector. It threatens Canada's and Quebec’s cultural integrity. As a number of experts have said, the CPTPP has by far the weakest cultural exemption ever negotiated in a Canadian free trade agreement. The government declared that some problematic cultural clauses had been temporarily suspended but not eliminated entirely.

The new agreement makes no mention of the UNESCO Convention on the Protection and Promotion of the Diversity of Cultural Expressions, despite that fact that seven CPTPP countries, including Canada, are parties to it. In addition, it prevents Canada from making sure that, in the future, online providers will support Canadian content. The new side letters can only complete or clarify the basic text; they cannot solve every problem. The preamble to the CPTPP is insufficient to ensure that Canada’s obligations under the UNESCO treaties will take effect.

First, the CPTPP does not acknowledge any of the internationally recognized instruments of cultural protection, such as the 2005 UNESCO convention.

Second, the agreement assumes that if free trade is encouraged, the impact on culture will inevitably be positive. Nowhere does it acknowledge the threats and the challenges that it poses to our provinces' cultural sovereignty.

Third, the agreement does not recognize the promotion and protection of cultural diversity as legitimate grounds for taking regulatory action. What effect will this have? A dispute resolution panel under the CPTPP could very well decide to reject the legitimacy of cultural regulation.

In the past, Canada signed free trade agreements where culture is explicitly protected in the preamble, including the 2009 agreement with Peru, the 2012 agreement with Jordan, the 2013 agreement with Panama and the 2014 agreement with Honduras.

I do not understand the Liberals' reasoning. Why make concessions on culture, which puts a number of jobs in jeopardy?

As my party's labour critic, I, too, object to this aspect of the agreement. The wording of the labour standards remains virtually unchanged from that of the original trans-Pacific partnership. That is worrisome, as it renders the standards unenforceable. This alone disqualifies the agreement from being considered progressive, as the government has been doing for quite some time.

Under the agreement, workers whose rights have been violated need to prove that the violation had an impact on trade, which is virtually impossible. As I have stated earlier, the onus falls once again on the workers, who, on top of everything else, must prove that there has been an impact on trade. We saw how impossible that is to prove in the dispute between the United States and Guatemala.

In the original TPP, the United States had negotiated a 12-page labour reform plan. That reform plan allowed Vietnamese workers to have free and independent collective bargaining. Canada could not obtain the same commitment. Instead, we got Vietnam to accept a watered-down version of that reform plan.

The U.S., under President Obama, also struck labour consistency plans with Malaysia and Brunei in an effort to ensure that both countries lived up to fundamental labour standards, including freedom of association and collective bargaining, as requirements for trade under the TPP.

Under the new deal, these labour consistency plans have completely disappeared. The former TPP made sure that governments were able to invoke respect for workers' rights as a requirement for procurement. That was another tool that helped to ensure that international labour standards were taken into account in public procurement decisions. In the new deal, that clause was temporarily suspended.

According to the Canadian Labour Congress, the labour standards set out in the CPTPP are low and in no way guarantee that the basic rights of member countries' workers will be respected. It also does not guarantee the workers' ability to organize and bargain collectively.

I definitely want to touch on the issue of prescription drugs. Not only does the Liberal government not care what Canadians think, it does not care about their health either.

Canada is already second in the world for drug expenditures per capita. There is one hard truth that the Liberals are refusing to accept: thousands of Canadians cut their pills in half, halt their treatments or eat less so that they can afford the drugs they need. That should have been taken into account in the CPTPP.

In my riding, more than a third of seniors put their health at risk, and that worries me greatly. The CPTPP will only make things worse. It makes even more concessions to pharmaceutical companies, which will increase Canadians' annual drug expenditures by more than $800 million.

Furthermore, this deal jeopardizes our country's sovereignty and the efficiency of our public policies.

I still have a lot to say, but I will conclude by stating that the NDP has always supported agreements that are beneficial to Canada's workers and all Canadians.

As it stands, we cannot support the CPTPP. It contains no progressive measures, which is especially disappointing given that over 60,000 people showed interest and made submissions. In fact, 95% of the comments made were negative, but the government brushed them aside.

I come back to the dairy producers from my region, Saguenay—Lac-Saint-Jean, who demonstrated this morning to show their dissatisfaction. The last three trade deals that were forced upon them have weakened supply management, which affects their bottom line. We need to think about the family farms that feed us and about our food sovereignty.

I will now take questions from my colleagues.

Comprehensive and Progressive Agreement for Trans-Pacific Partnership Implementation ActGovernment Orders

October 5th, 2018 / 12:10 p.m.
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Linda Lapointe Liberal Rivière-des-Mille-Îles, QC

Mr. Speaker, I listened closely to the speech given earlier by my colleague, the hon. member for Portneuf—Jacques-Cartier, who, like me, comes from Quebec.

Today, we are debating the bill on the CPTPP at third reading stage.

The member spoke at length about the USMCA during his speech while only occasionally touching on the subject of Bill C-79.

Would he be willing to speak to the tremendous benefits of the cultural exemption negotiated as part of the CPTPP? Side agreements were reached with each of the agreement's signatory countries.

Does my hon. colleague realize that this represents 650,000 very good jobs in Canada?

Comprehensive and Progressive Agreement for Trans-Pacific Partnership Implementation ActGovernment Orders

October 5th, 2018 / 10:55 a.m.
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Karine Trudel NDP Jonquière, QC

Mr. Speaker, I would like to return to something my colleague from Portneuf—Jacques-Cartier said. He was talking about Bill C-79 before us today, and he boasted about the economic merits of the trans-Pacific partnership.

Just so I understand, I would like to know what he thinks about the following. Right now, trade in Canada is lower than in the other member countries. If money leaves my pocket faster than it goes in, I am in a deficit situation.

I wanted to know whether he thinks that is a good economy and whether this is a good trade agreement.

Comprehensive and Progressive Agreement for Trans-Pacific Partnership Implementation ActGovernment Orders

October 5th, 2018 / 10:30 a.m.
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Joël Godin Conservative Portneuf—Jacques-Cartier, QC

Mr. Speaker, I would like to thank my Liberal colleague from Mississauga-Centre for his speech and for taking inspiration from what the Conservative Party did when it started this process.

My colleague from Skeena—Bulkley Valley just asked what the difference is between the Conservative Party and the Liberal Party. The answer is that the Conservative Party understands the economy, while the Liberal Party does not seem to be known for much of anything—but at least it generously built on our idea and our initiative to introduce Bill C-79, which is about the comprehensive and progressive agreement for trans-Pacific partnership.

The CPTPP is a new free trade agreement. It is good for the economy and for the government to open up new markets allowing us to prosper. By prospering I mean enabling our businesses to be very active internationally to increase revenues and create wealth. As a result, businesses and governments can then make more money available to create social programs and help the less fortunate.

Let us create wealth and provide social programs. At the moment, the Liberals are busy spending a lot of money, but they are using a process that was put in place by the Conservative Party to hopefully create some wealth.

The interesting thing is that the CPTPP opens up markets with Australia, Brunei, Canada, obviously, Chile, Japan, Malaysia, Mexico, New Zealand, Peru, Singapore and Vietnam.

I still maintain that this was put in motion by the Conservative Party. The Liberals love to invoke the name of the former prime minister, a man I admire deeply. He is one of the reasons I am in politics today. Stephen Harper, an economist by trade who is no showman, took steps to grow Canada's economy, and I am glad he did.

This goes to show that the Liberals are just improvising. We saw it with NAFTA, now known as the USMCA. The “C” stands for “Canada”. We get the lowest billing in the abbreviation because we are the last of the three countries to have signed or reached an agreement. This proves that the Liberals are improvising, which I find disquieting.

My leader, the leader of the Conservative Party, wrote to the Prime Minister of Canada this summer to speed up the negotiation process. Our government's negotiations with our neighbour to the south, the United States, have been dragging on for 13 months. I think that, strategically, it would have been a good idea to show the U.S. that we are not vulnerable, that even though they are a significant market, we want to develop other markets in order to have some leverage to negotiate with the U.S.

My leader got in touch with the Prime Minister to speed up the process. What is important for this treaty is to be among the first six signatories for the agreement to enter into force. Again, we are here discussing the CPTPP in October, on the eve of Thanksgiving, because of the Liberal government's improvisation, amateurism and lack of rigour. We are wasting time.

One thing we know in the world of economics is that when a player is missing and orders need to be filled, customers will start looking elsewhere if they are disappointed. It is the same when building a new head office, when there are opportunities to bring head offices here but companies choose to go somewhere else. You do not build a new head office every day, every week or every month. There are cycles and investments. When a company is located in a region or a country, transferring its head office to another country is a complex operation. It is a serious decision for corporate leaders to take.

Here is what we can read in Export Development Canada's website: “Free trade agreements like the CPTPP can: Help you reach new B2B customers; Give your firm a chance to bid on government contracts overseas; Buy goods and services with reduced or no tariffs”.

That is a Government of Canada website promoting the benefits of a free trade agreement. I think that is what a government must do. The current government has been slow. It improvised and was not thorough. Maybe the Prime Minister felt like being on vacation this summer. We, as Conservatives, were ready to move that file forward and expedite the process. Unfortunately, the Prime Minister's answer to our leader was that it was not possible for him to do anything and that things would take their course. That is the reason why we are debating this bill today.

As I mentioned earlier, the agreement will come into effect 60 days after six countries have signed it. If we delay, if we are not one of the first six countries, it means that we are not helping to speed up the implementation of this agreement. Does the Liberal government really want to open markets? That is rather odd. Last Sunday evening, at 10 p.m., on the Lord’s Day, the Prime Minister decided to hold a cabinet meeting here. Now he wakes up. There is an emergency and we need to move quickly. The government’s amateurism shows us that it has irresponsibly sped things up too quickly with the USMCA. The “C” stands for little Canada, which is in the trio along with the large market of the United States.

This government is just not consistent, and that is what is unfortunate. The Liberals have sped up the process. I have no idea what bit them, although in October flies are usually hibernating. In any case, I do not know what bit the Prime Minister to make him decide to speed up the process and give without taking.

I am not an expert negotiator. I was not at the negotiating table with the United States. When one negotiates, there is usually give and take. There is leverage. One agrees to sacrifice “X” as long as the other party gives “Y”. It is an old principle and it does not take a genius to make sure that there is a give and take. I said it in English so that everyone understands. That is what negotiating is all about.

Let us look at what the Liberal government took in exchange for what it gave. I have to say that I do not see anything in my notes. Nothing was gained. We give, we celebrate, we are happy and we say, “well done, mission accomplished”. Yes, it is important to have a market with the United States, but we must not negotiate on bended knee. We have to stand up. A power balance needed to be established. The process was moving along, and then a fly bit someone around the table and it was decided that we had to move very quickly. It is quite dramatic.

Canada came in third in the United States-Mexico-Canada Agreement. The United States and Mexico reached an agreement and told Canada it could join if it wanted to, but that, if it was not interested, they would go ahead as planned. Some position of power. Our Prime Minister’s Liberal government opened up our dairy market for free; the U.S. is still denying our farmers and dairy producers access to its market. At least the CPTPP grants us access to the market.

The government caved in to the United States, allowing it to maintain the surtaxes on steel, aluminum and softwood lumber. We conceded, we negotiated, the other side found ways of exerting pressure, but then, after we came to an agreement, it failed to remove that pressure. That is quite something.

In addition, the agreement extends the data protection period for pharmaceuticals. That means that it will cost Canadians a lot more to stay healthy. That is an impressive bargaining achievement.

Moreover, limits will be placed on the development of the Canadian auto industry. Now there are quotas, where before there were none. What did we get in return?

There is a lot more in the agreement. I cannot address every item. That being said, the more we read, the more we find out, and the devil is in the details. What I am about to say has never been heard before: we will have to ask the President of the United States for permission before we enter into any trade agreements with other countries. I am about to fall off my chair—well, not literally. I do not understand.

Our Prime Minister, however, is happy with the negotiations. As I have said before, it is important to have a free trade agreement with the United States, since the U.S. market is very important for Canadians. It represents practically 80% of our exports. It is important, but not at any cost. The government just managed to survive the negotiations, and it is thrilled. We, however, got nothing in return.

We are told that the negotiations are over. A company in my riding, Portneuf—Jacques-Cartier, does business in the U.S. and Canada. Unfortunately, its product is on the list of products saddled with surtaxes, a tool the U.S. used to exert pressure during the negotiations. If the company develops products in the U.S. to meet U.S. and Canadian needs and then imports them into Canada, it will have to pay a surtax.

Not to mention any names, Biscuits Leclerc is a well-known company with facilities in 20 countries. It is a Canadian company, and its head office is located in Canada. I am extremely pleased to say that it is located in my riding, more particularly in the Saint-Augustin-de-Desmaures industrial park. How important is the company? The industrial park is called the “Parc industriel François-Leclerc” in recognition of the company’s decision to set up its head office there. The company is prosperous and believes in us—and we believe in it.

I will get back to my story. The company produces cookies and ships them to Canada. It produces its own products and exports them to Canada. Do you know what the annual surtax is for the company? One million dollars. The surtax is still in effect, despite the fact that the government is thrilled that everything is settled and proud of what a good job it did in the negotiations. That is quite an example of success.

After signing the agreement, Donald Trump gave a victory speech at a press conference. He was happy. He won, but what did Canada win? It barely survived.

The agreement has been negotiated, but the negotiations are not finished, since there are still surtaxes on both sides of the border, for example on steel and cookies. We were even told that the surtax on steel and aluminum would remain as a matter of national security. Why did we not use food safety during the negotiations to justify holding firm on supply management? Canadian producers’ standards and controls for dairy and other types of production are higher in Canada in terms of safety and hygiene. Health Canada is doing a good job, but the rules are not the same in the U.S.

When we trade with another country or market with lower standards, that means that their production costs are lower. They can produce more at a lower cost. That is unfair competition. Why did the Liberal government negotiators not use food safety as an argument to close the door on supply management? The government told Canadian farmers that it would protect supply management. Great job! It protected nothing, and managed to open a breach. The other agreements included compensation and market access.

Yesterday, the Prime Minister met with farmers. He told them that the minister might give them full compensation. Now the government is backpedalling. People are seeing what we in the House have known for three years. This government is not in control. It consults, it talks the talk, but it is not proactive. Take, for example, the CPTPP, which we are discussing today. It is based on our government's work and I am very proud of that. We must have done something right at some point. Canada's economy is what it is because of the Conservative Party.

We did plenty of things right. Many Canadians I speak to, and I will have the opportunity to meet others because I will be in my riding next week, keep telling me that they miss the previous government, and that is music to my ears. It makes me happy. Canadians are beginning to see this government’s true colours after its constant failures this summer.

I have a piece of advice for the Liberals. I am not an expert, but I have my sources. In Business Insider, Jeff Haden gave 12 negotiating tips. I would have commented on each and every one of them, but since I do not have enough time, I will simply list them: go first; be quiet; know what you want — that one brings up big question marks; assume the best case; avoid setting ranges; only make concessions for a reason; avoid getting cornered; make time your friend; ignore face value; give the other person room; forget about winning and losing; and create a relationship.

The Liberal Party negotiators completely failed in many of these areas. In fact, there is nothing to evaluate, since they did not get any results. I will have the opportunity to talk about this a bit more.

As I mentioned in my speech, we will support the agreement. Opening markets is important. First, we need to create wealth, and then we can establish social programs.

Comprehensive and Progressive Agreement for Trans-Pacific Partnership Implementation ActGovernment Orders

October 5th, 2018 / 10:20 a.m.
See context


Karine Trudel NDP Jonquière, QC

Mr. Speaker, I am pleased to get a chance to speak today in the House, even though a time allocation motion has been moved for a subject as important as Bill C-79.

I listened carefully to my colleague's speech. The NDP supports balanced trade agreements that protect workers and jobs. With the agreement we are talking about today, over 58,000 workers will lose their jobs. Naturally, my colleague spoke highly of the agreement in his speech, but I would like to hear his thoughts on workers. With regard to labour, the CPTPP includes a complaint mechanism that makes workers whose rights have been violated responsible for proving that the violation had an impact on trade. I would like to hear what my colleague thinks.

Why do workers still have to prove that the violation affects trade?

Comprehensive and Progressive Agreement for Trans-Pacific Partnership Implementation ActGovernment Orders

October 5th, 2018 / 10:05 a.m.
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Bardish Chagger Liberal Waterloo, ON

moved that Bill C-79, an act to implement the comprehensive and progressive agreement for trans-Pacific partnership between Canada, Australia, Brunei, Chile, Japan, Malaysia, Mexico, New Zealand, Peru, Singapore and Vietnam, be read the third time and passed.

Business of the HouseOral Questions

October 4th, 2018 / 3:05 p.m.
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Waterloo Ontario


Bardish Chagger LiberalLeader of the Government in the House of Commons

Mr. Speaker, this afternoon we will continue second reading of Bill C-78, the family justice act. Tomorrow we will begin debate at third reading of Bill C-79, the comprehensive and progressive agreement for trans-Pacific partnership implementation act.

Next week, members will be working with Canadians in their ridings. When we return, we will begin debate on Senate amendments to Bill C-65, the harassment prevention act. Priority will then be given to the following bills: Bill C-77 on the Victims Bill of Rights and Bill C-82, the multilateral instrument in respect of tax conventions act.

Lastly, I would like to take this opportunity to wish all of my colleagues and their families a happy Thanksgiving.

Motions in amendmentComprehensive and Progressive Agreement for Trans-Pacific Partnership Implementation ActGovernment Orders

October 3rd, 2018 / 5:10 p.m.
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Lloyd Longfield Liberal Guelph, ON

Mr. Speaker, I rise in the House today to support Bill C-79, the implementation of the comprehensive progressive trans-Pacific partnership.

We live in unprecedented times. Steadfast relationships we have had for years are being challenged, ideology is taking the place of facts and compromise and trust in international institutions and agreements are reaching a new low. These pillars, which are threatening us as never before, are really the very source of Canada's success diplomatically and economically.

Canada has a proud history organizing multilateral agreements and ensuring they will bring more than just military or economic security. Lester B. Pearson once said about NATO that it should, “promote the economic well-being of their peoples and to achieve social justice, thereby creating an overwhelming superiority of moral, material, and military force on the side of peace and progress.” Trade agreements like NAFTA and CPTPP are excellent examples of what Lester Pearson was talking about.

In the time I have today, I would like to delve into the importance of trade to the future of Canada.

The CPTPP is a major trading bloc, comprising 11 countries, representing 495 million people and a combined GDP 13.5% of the overall global GDP. This is where the next century of growth will occur and the CPTPP is a bridge for Canadian goods and services into this important and expanding market.

Canada is the fifth largest agricultural exporter in the world, and the industry employs 2.3 million Canadians. That is one in eight jobs in Canada. When CPTPP enters into force, more than three-quarters of agriculture and agri-food products will benefit from immediate duty-free treatment, with tariffs on many other products to be phased out over time.

This is very important for my riding of Guelph, which is an agricultural centre for Canada, both in research and in production. This is going to create new market access opportunities for Canadian pork, beef, pulses, fruit and vegetables, malt, grains, cereals, animal feeds, maple syrup, wines from Niagara, spirits, processed grain and sugar.

CPTPP will eliminate 100% of the tariffs on Canadian fish and seafood products. The vast majority of tariffs would be eliminated immediately, while a smaller number would be phased out over periods of up to 15 years. Tariff eliminations will make Canadian exports of a wide range of products such as salmon, snow crab, herring roe, lobster, shrimp, sea urchins and oysters more competitive, while providing protein to a growing part of the world.

Coupled with Canada's new oceans protection plan, which will help preserve and sustain Canada's coastal waters and fish stocks, the CPTPP will also offer Canadian fisheries a sustainable industry that can supply these growing Asian markets.

The CPTPP will benefit more than just Canada's agricultural sector. This agreement offers plenty of opportunities for Canadian industry. Under this agreement, 100% percent of tariffs on industrial goods and consumer products will be eliminated. The majority of Canadian industrial goods exported to CPTPP countries will be duty-free immediately upon entry into force of this agreement, with most remaining tariffs on industrial goods to be eliminated over 10 years.

Guelph is home to Japanese based employers Hitachi Construction Truck Manufacturing and DENSO Manufacturing. Even Sleeman Breweries is owned by Sapporo from Japan. This provides us excellent business connections by one of the key countries in the CPTPP. Canada being one of the first of the six signatories and core supporter of the comprehensive and progressive deal that was renamed by Canada, would be a further win for Canadian business and put us where we need to be.

Just as we cannot delay in getting this stable national democracy without progress in living standards, likewise we cannot have one world at peace without general social and economic progress.

The recently announced LNG development project includes Japanese partner Mitsubishi, showing Japan's commitment to investing in Canada's energy market to provide it a stable and trusted future supply of energy that has 25% less CO2 per energy content than diesel and half the CO2 to BTU that bituminous coal has. The $40-billion investment is Canada's largest external investment in the history of our country.

The CPTPP has measures to promote civil society and address concerns around labour and the environment. There is an entire chapter on labour and basic workers' rights. Rights guaranteed in the 1998 Declaration on Fundamental Principles and Rights at Work must be reflected in law and practice for member nations. This includes the elimination of child labour, forced labour, discrimination and respect for freedom of association and the right to bargain collectively. Provisions in this chapter are also enforceable.

The CPTPP agreement includes provisions to enhance environmental protection in this region and to address global environmental challenges, which is one of the most ambitious outcomes negotiated by Canada to date. Provisions in this chapter are enforceable through the dispute settlement mechanism of the agreement. Again, it is another first for Canada.

Another way the CPTPP promotes the well-being of the middle class in Canada and other CPTPP nations involved is through a stand-alone chapter on small and medium-sized businesses in the text of the treaty. This is a first for any Canadian trade deal.

This chapter includes provisions to ensure that SMEs have access to information specifically tailored for their use, making it significantly easier for Canadian SMEs to explore and navigate the CPTPP markets and to develop trade with those nations. It also includes enforceable provisions on state-owned enterprises to promote fair business practices.

The world needs more Canada. Canada must use all the tools available to bring positive change to the global community. To confine ourselves simply to the diplomatic sphere denies us one of the most powerful levers at our disposal, namely, our economy.

Trade agreements are an excellent way for achieving these goals. They build on economic growth. They include social and environmental progress. At the same time, they benefit the middle class in the nation's involved.

Once the CPTPP enters into force, it will be one of the largest free trade agreements in the world and it will provide enhanced market access to key Asian markets. However, it is also part of a suite of agreements that we have around the world that include CETA, with us trading with Europe, and now includes the new USMCA agreement that is in stages of development with the United States and hopefully will come into force in the near future.

Canada must be a part of all these agreements. We are actually the only G7 country that is a part of all of these agreements. They give us the opportunity to grow our manufacturing industry and help our farmers and our intellectual properties reach new markets. They benefit Canada economically as well as socially and environmentally.

I am looking forward to supporting the legislation in the next bit. I am looking forward to helping in whatever way I can through the businesses and the people in Guelph.

Motions in amendmentComprehensive and Progressive Agreement for Trans-Pacific Partnership Implementation ActGovernment Orders

October 3rd, 2018 / 4:55 p.m.
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Cheryl Gallant Conservative Renfrew—Nipissing—Pembroke, ON

Mr. Speaker, I rise in the House today on behalf of my constituents in the great riding of Renfrew—Nipissing—Pembroke to be part of the debate ushering in a cornerstone of the legacy of prime minister Stephen Harper. I will start by recognizing the hard work over the past decade by our world-class trade negotiators and Prime Minister Harper, whose vision led this Parliament to pass a record number of free trade agreements.

The path to reaching the comprehensive and progressive agreement for trans-Pacific partnership began under the previous Conservative government. We would not be here today were it not for the hard work and heavy lifting by Canada's longest serving and, easily arguable, best minister of international trade in decades, the hon. member for Abbotsford. Canada's consumers, entrepreneurs, farmers, miners and manufacturers will benefit under this agreement, thanks to the hard work of the member for Abbotsford.

For my constituents who faithfully follow the speeches in Parliament and anyone else watching at home, it is necessary to explain the importance of trade and what this trade agreement is all about. Trade agreements are important because one out of every five Canadian jobs depends on international trade, and these essential trading relationships help generate 60% of our nation's wealth as measured by gross domestic product.

The CPTPP is a comprehensive agreement for a trans-Pacific trade partnership. It is the current version to the trade agreement with countries of the Pacific Rim signed by the previous Conservative government. It includes 11 countries: Australia, Brunei, Canada, Chile, Japan, Malaysia, Mexico, New Zealand, Peru, Singapore and Vietnam. It was signed in March of this year and after the Prime Minister's failures on the North American Free Trade Agreement, there now seems to be some attention being paid to trade agreements, which has been lacking by the government.

The sense of urgency to pass Bill C-79 now and to ratify the CPTPP may be a result of concessions by the Liberal Party to give a foreign country, in this case the United States, veto power over whom Canada can sign a trade agreement with. Vietnam, one of the signatories to the CPTPP, is considered a non-market economy. The Liberals, under the terms of the botched NAFTA renegotiation, surrendered Canadian sovereignty.

As a result, the United States could exercise the power given to them by the Liberal Party and veto our participation in the CPTPP because of the presence of Vietnam in the agreement. It did not have to be this way. If the current government had taken seriously the need to be proactive in seeking out new markets for Canadian products, this agreement, which was handed to the current government ready to go, would be in place now and we would not have to have this debate so late in the game.

Hopefully, after the botched negotiations with the Americans over NAFTA, the Conservative Party, Canada's government in waiting, will help this bumbling government get the job done with the trade agreement it handed to them ready to be signed. CPTPP reduces tariffs in countries representing 13% of the global economy, or a total of $10 trillion. The Peterson Institute for International Economics estimated that the Pacific Rim trade agreement version signed by the previous Conservative government would boost Canadian income by over $20 billion over the next decade.

The agreement comes into force 60 days after at least six signatory countries ratify it and the deadline to ratify it is February of 2019. After that, we lose our first-mover advantage, the way Canada lost out when we came on board after the U.S. and Mexico signed a trade agreement to replace NAFTA. Canada will have to play catch-up with the other signatory countries if we continue to delay.

Canadians are, indeed, fortunate for all of the heavy lifting done by the previous Conservative government on this trade agreement. Many Canadians I spoke to in the last several months were convinced that the hidden Liberal agenda on NAFTA was aimed at failing. The decision by the Liberal Party to sell out Canadian agricultural producers, in this case dairy farmers, by failing to protect farmers, consumers and taxpayers during trade negotiations with our largest trading partner is only more bad news for Canadians already suffering from huge debt and huge taxation levels.

The sell-out was inevitable, considering how badly the Canadian-American relationship has been mismanaged. The Liberal Party responded to the election pledge by the U.S. President to rewrite the North American Free Trade Agreement with a $20 million gift to the Clinton Foundation. Yes, that is the same U.S. political presidential candidate, Hillary Clinton, who was tapped to participate in the controversial pay-to-play cash for access fundraisers favoured by the Liberal Party. The Liberal Party put partisan interests above the good of Canada.

Canadian control of Canada's food supply and the efficient use of resources to deliver nutritious high-quality products from the farm gate to the consumer's kitchen table is at the core of Canada's supply management system. Farmers have not recovered from the last attack on their livelihoods, made last summer when the Liberal finance minister started to change the tax laws to make it easier for people to lose their family farm to foreigners and corporations than it was to pass the family farm on to the next generation. While Conservatives support the family farm as the heart of rural life, food security, just like border security, is a low priority for the selfie Prime Minister, who is obsessed with himself.

The Conservatives have negotiated dozens of trade deals without losing supply management. We have never been in such a weak negotiating position where supply management could be used a barrier to a trade deal. If Canadian food security were a sticking point to an agreement, that is an indictment of the current government and the extraordinarily weak position it has left Canada in. Hundreds of thousands of Canadian jobs and the overall health of our country depend on trade. This is why Canadians are so fortunate to have had this trade agreement we are discussing today negotiated by our previous Conservative government.

A Conservative government would never have been so disrespectful of someone like the political leader of our largest trading partner, whose good will so many Canadian jobs depend upon. The United States is Canada's most important trading partner. Twenty per cent of Canada's GDP is tied to our commercial relationship with the United States, and over 74% of Canadian exports go to the United States. The member for University—Rosedale should have known better than to appear, in the middle of sensitive trade negotiations, on a panel with extremists that featured a video slandering the U.S. president. As the global affairs minister, she should have been instructed that the fine art of diplomacy does not tolerate amateurs.

The livelihoods of families are at stake. Canadians cannot afford a government that puts its own political interests ahead of the country's economy and Canadian jobs. Conservatives believe in clean air, low taxes and good jobs and a healthy economy. A clean environment and well-paying jobs are only possible when people are treated with respect. The gains Canadians made from the hard work of our previous Conservative government to cut taxes for all Canadians and successfully negotiate favourable new trade deals are being undone by the Liberal spending government. In its zeal to undo our Conservative legacy on justice for victims, funding for our military, and cutting taxes for low-income Canadians first and foremost, the government ignored trade. Only now has the Liberal Party seen the wisdom in the Conservative policy of pursuing multiple trade agreements.

The Liberals opposed Conservative cuts to the GST and HST and now propose a bogus carbon tax, which is nothing more than an HST on steroids. A tax is a tax is a tax, and excessive taxation kills Canadian jobs. Conservative trade policy creates jobs.

With the CPTPP, the current government has embraced our Conservative legacy on trade, and we can be thankful that we are passing CPTPP now because the economic future of Canada does not look good under this Liberal spending government. The regressive left has never believed in free trade.

Auto workers and pensioners in places like Windsor and St. Catharines tell me that they are in mortal fear of losing their jobs and any hope of a comfortable retirement when the carbon tax hits their households.

Our Conservative government pursued trade deals among our allies and developing democracies with so much energy because of our vision for Canada and the confidence Conservatives have in Canadians.

Motions in amendmentComprehensive and Progressive Agreement for Trans-Pacific Partnership Implementation ActGovernment Orders

October 3rd, 2018 / 4:25 p.m.
See context


Elizabeth May Green Saanich—Gulf Islands, BC

Mr. Speaker, today I am presenting amendments to Bill C-79. The Green Party is naturally opposed to agreements that are designed to protect the rights of investors and big foreign corporations.

On that, I am proud to say that we are the only party in the House that has consistently and always opposed investor-state dispute resolution agreements in every trade deal that has come through here.

I want to thank the hon. member for Essex for her work on this as well. It is very clear that the New Democratic Party does oppose investor-state agreements in the context of the CPTPP. In that, we were only joined by the Bloc Québécois today in objecting to shortening the debate. Even though the NDP, the third party in this place, was prepared to bend and allow a shortened debate, its amendment, which was rejected in this place, would have allowed debate that went for five hours as opposed to being shortened to almost no hours. It was amazing to me that the compromise position of the NDP was not accepted and that the large parties in this place, the Liberals and Conservatives, were all too quick to rush this bill to conclusion.

The trans-Pacific partnership, which we are entering into in this rushed fashion, has been refashioned as the comprehensive and progressive trans-Pacific partnership agreement, but it is very clear that it is not progressive, and it may not even be comprehensive.

I want to focus initially, as others have in this place, on what we celebrate, and I do want to be clear that I celebrate the achievements that were just achieved in replacing NAFTA with what has now been rebranded, Trump style, the USMCA. However, parts of the USMCA remain troubling. I should mention what they are. There is the erosion of supply management that protects not only our dairy farmers but other protected agricultural sectors. It presents a threat to human health in Canada if dairy products contaminated with bovine growth hormone are allowed to enter our marketplace. We remain concerned about the USMCA giving longer patent protection to pharmaceutical companies, thus driving up drug costs. We remain concerned about other sectors that are impacted by the new USMCA. However, we are relieved that the auto sector will survive this. We are relieved that many other sectors have not been negatively impacted as much as Trump had threatened.

The big good news out of the USMCA is what the Prime Minister mentioned earlier today, which happens, ironically, to be the subject matter of the amendments I argue in this place today. What the Prime Minister celebrated today, and I could not be more overjoyed, and “overjoyed” is the word to use, was the end of chapter 11 in NAFTA.

Chapter 11 was the world's first investor-state dispute mechanism. It was the debut of a concept that is so inherently anti-democratic that it is astonishing how it has managed to creep into nearly every trade agreement Canada has signed since. Now, essentially, the grandfather of all investor-state dispute resolutions is gone, but the illegitimate progeny continue to contaminate democracies around the world.

I will never forget how Steve Schreibman, a noted trade lawyer in Canada, described ISDS when he was fighting for intervenor status on behalf of Sierra Club Canada in one of the many chapter 11 cases that we ultimately lost. It was the one brought by S.D. Myers of Ohio, which claimed, believe it or not, that it was an investor in Canada, although it had never actually built anything here. It claimed that its rights had been infringed, because Canada banned the export of PCB-contaminated waste. We lost that case. Members may not believe it, but at the time an investor-state dispute resolution panel ruled that Canada had violated chapter 11 by banning the export of PCB-contaminated waste to the U.S., it was illegal under U.S. law to allow its importation. In this area of trade law, the only precedent to help figure it out is to reread Lewis Carroll's Alice in Wonderland, because none of it has ever made any sense.

I was about to quote Steven Schreibman in that case. He said that chapter 11 investor state dispute mechanisms are “fundamentally corrosive of democracy”.

Here we are in this place celebrating today, and I do celebrate. I want to thank, on the record, the Minister of Global Affairs for her extraordinary work in bringing through a concluded agreement with an administration as incoherent and unpredictable as the one that currently occupies the White House. Regardless of political stripe, Canadians should celebrate that. We have much more in common as Canadians than differences with those trying to score political points against the government for managing to navigate anything in the topsy-turvy world one encounters when dealing with the President of the United States.

We celebrate this big achievement that chapter 11 of NAFTA is gone. Why, then, are we inserting chapter 9 in the CPTPP, which does the same thing, but with different countries? With the advent of CPTPP, if we pass Bill C-79 as it is without accepting my amendment, we will now be subject to the same corporate rule, where foreign corporations from Australia, Brunei, Chile, Japan, Malaysia, Mexico—we already had a Mexico ISDS under NAFTA—New Zealand, Peru, Singapore and Vietnam have superior rights to domestic corporations.

There is another truth that must be told about these agreements, because, really, Canada is not at risk from TPP investor-dispute mechanisms from Chile, Mexico or Vietnam. I say that because there is a pattern. Here is the pattern, which we know from hundreds of cases reviewed by two major European Union think tanks, the Corporate Europe Observatory and the Transnational Institute. They looked at hundreds of these cases that allow foreign corporations to sue domestic governments. Was there a pattern? Do governments tend to win? Do corporations tend to win? That is not the pattern one finds, but there is a pattern: the larger economic power always wins.

When Philip Morris, a U.S. corporation, decided to sue Uruguay because it dared to put health warnings on cigarette labels, Uruguay was going to lose, and it did. When it is a U.S. corporation, such as Ethyl Corporation, SDMyers, AbitibiBowater or Bilcon, the very worst case, the U.S. corporation will win and Canada will lose.

Canadian corporations, on the other hand, trying to sue in the U.S. nearly always lose, because we are a smaller economic power. That is why it is extraordinary that it was the U.S. that wanted to remove this agreement and Canada that used it. I hope we were using it the whole time, holding it back knowing it was a bargaining chip we were prepared to play, but we should never have fought to hang on to chapter 11 of NAFTA. It is so deeply offensive.

Here is the evidence. “Profiting from injustice” is the name of the study, and the subtitle is “How law firms, arbitrators and financiers are fuelling an investment arbitration boom” and gaining enormously financially. It is basically, like the words used earlier in this place in a different context, ambulance chasing. Basically, law firms, arbitrators, financiers and individual lawyers have made out like bandits on chapter 11 cases and other ISDA cases. The arbitrators are for-hire judges. There is no court. They are individual lawyers who are arbitrators, who, in the same firms, often represent corporations suing countries. There is no justification for leaving this in the CPTPP.

We have another precedent besides removing it from NAFTA, and that is that in the Comprehensive Economic and Trade Agreement with the EU, individual countries have opted out of ISDS while still joining in the overall trade deal.

Investor-state dispute resolutions are anti-democratic. They have nothing to do with trade and everything to do with transferring democratic rights to corporations. We should pass my amendment, please, and take ISDS out of the CPTPP.