An Act to amend the Department of Foreign Affairs, Trade and Development Act (supply management)

This bill was last introduced in the 43rd Parliament, 2nd Session, which ended in August 2021.

This bill was previously introduced in the 43rd Parliament, 1st Session.

Sponsor

Louis Plamondon  Bloc

Introduced as a private member’s bill. (These don’t often become law.)

Status

Second reading (House), as of Feb. 27, 2020
(This bill did not become law.)

Summary

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

This enactment amends the Department of Foreign Affairs, Trade and Development Act so that the Minister of Foreign Affairs cannot make certain commitments with respect to international trade regarding certain goods.

Elsewhere

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

Votes

March 10, 2021 Passed 2nd reading of Bill C-216, An Act to amend the Department of Foreign Affairs, Trade and Development Act (supply management)

Canada—United Kingdom Trade Continuity Agreement Implementation ActGovernment Orders

March 9th, 2021 / 8:15 p.m.
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NDP

Gord Johns NDP Courtenay—Alberni, BC

Mr. Speaker, one of the most difficult times I spent was on the door step of a women who was a senior. She was unable to afford her medicine. She was making a decision on whether to buy food or fill her prescription. No one should have to deal with this in Canada. We know that over 30% of single women over 65 are living in poverty.

Is my colleague concerned that this agreement, like CETA before, might put upward pressure on the price of pharmaceutical drugs for Canadians? Is he concerned about that? What can he propose to ensure that this woman and others do not have to make those difficult decisions?

Canada—United Kingdom Trade Continuity Agreement Implementation ActGovernment Orders

March 9th, 2021 / 8:15 p.m.
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Conservative

Garnett Genuis Conservative Sherwood Park—Fort Saskatchewan, AB

Mr. Speaker, it is very important to ensure that people are not in the vulnerable position that the member described. There are different kinds of steps that can be taken to address the situation of somebody who is struggling to pay for for his or her prescription drug needs. I know the NDP has some proposals along those lines. We have put forward some proposals that try to work collaboratively across jurisdictions, identify where those gaps are and work to fill those gaps. That is a large and important debate and one we are prepared to have.

Canada—United Kingdom Trade Continuity Agreement Implementation ActGovernment Orders

March 9th, 2021 / 8:20 p.m.
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Liberal

John McKay Liberal Scarborough—Guildwood, ON

Mr. Speaker, the member and I have talked in the past about sanctions, particularly against China, Magnitsky sanctions, trade sanctions and things such as that. I put forward in my speech an opportunity to join with Great Britain with respect to supply chain slavery legislation. I would be interested in my hon. colleague's thoughts on the utility of supply chains slavery legislation, particularly in the context of a trade agreement with Great Britain which already has similar legislation.

Canada—United Kingdom Trade Continuity Agreement Implementation ActGovernment Orders

March 9th, 2021 / 8:20 p.m.
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Conservative

Garnett Genuis Conservative Sherwood Park—Fort Saskatchewan, AB

Mr. Speaker, Canada is seen as a laggard when it comes to addressing supply chain slavery. We need to do so much more on that front. I am very supportive of a legislative proposal that is in the other place that would start moving us in a stronger way toward achieving those objectives. I do not think, in particular, that the measures the government has proposed with respect to East Turkestan are at all adequate, but steps need to be taken for countries throughout the world.

I will point out that the benefit of collaboration with other countries, the U.K. and the U.S., in response to supply chain slavery can be assistance in monitoring, in reporting and in enforcement. These issues can be difficult to track with respect to identifying the precise risk of slave labour being part of the production of a product in a particular case. If we did a better job of working with our partners, we could find this data and have more effective enforcement as we seek to protect vulnerable people around the world.

Canada—United Kingdom Trade Continuity Agreement Implementation ActGovernment Orders

March 9th, 2021 / 8:20 p.m.
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Conservative

Dave Epp Conservative Chatham-Kent—Leamington, ON

Mr. Speaker, I would be remiss if I did not echo my colleague's invitation to the member for Scarborough—Guildwood to cross over and come to the bright side. I do appreciate his welcoming comments to me when I joined the House just over a year ago.

My hon. colleague mentioned trade with Africa. Could he expand on some of the benefits and dual purposes of an expansion in that area? I know that all three of us share a heart for others around the world, so I wonder if he could expand on that, as it is similar to our long-standing relationship with Great Britain.

Canada—United Kingdom Trade Continuity Agreement Implementation ActGovernment Orders

March 9th, 2021 / 8:20 p.m.
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Conservative

Garnett Genuis Conservative Sherwood Park—Fort Saskatchewan, AB

Mr. Speaker, I know my colleague did extensive work on international development with the Canadian Foodgrains Bank prior to coming to the House, and I think he would understand very well that our relationship with developing countries should include both development assistance and trade, recognizing the economic opportunities that come from those kinds of partnerships.

I spoke with an ambassador recently who made the point to me that developing countries need investment. They need trade and development assistance as well, and it is private sector growth through trade that can help build long-term economic growth for those countries as well as for Canada. We need to start trying to do both in the case of developing countries, whether it is in Africa or elsewhere. Certainly, there is explosive economic growth happening in parts of Africa, and there are some real opportunities for Canada and for mutually beneficial partnerships.

Canada—United Kingdom Trade Continuity Agreement Implementation ActGovernment Orders

March 9th, 2021 / 8:20 p.m.
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Conservative

Tracy Gray Conservative Kelowna—Lake Country, BC

Mr. Speaker, I will be splitting my time with the member for Lambton—Kent—Middlesex.

It is a pleasure to rise today at third reading on Bill C-18, an act to implement the agreement on trade continuity between Canada and the United Kingdom of Great Britain and Northern Ireland, or the CUKTCA. I want to thank my colleagues on all sides of the House for unanimously agreeing to debate Bill C-18 tonight and to help move it through Parliament.

The United Kingdom is our fifth-largest trading partner and our third-largest export market, and we need to ensure that our exporters and importers, and all businesses and workers who rely on trade with the United Kingdom, have certainty. I want to take time in the first part of my speech to lay out some of the timelines and talk about the reason we are here now, in March 2021, debating the Canada-U.K. trade agreement, which should have been completed and in place months ago.

With the United Kingdom set to leave the European Union, we knew that our trade agreement with the EU, the Comprehensive Economic and Trade Agreement, or CETA, would not be applicable to trade with the U.K. once this happened on January 1, 2021. Throughout the last year, on many occasions the Conservatives asked questions of the government on the status of trade negotiations with the United Kingdom and whether we were going to see it meet its timelines and have a new agreement in place by the end of 2020. We did not receive many answers, and when we did they were quite vague or had little detail.

It also did not help the Liberals shut down Parliament and several committees, like the international trade committee, during the spring and summer of 2020. The international trade committee met only once between April and September of last year. This was at a time when it could have been doing important work, just like the committee that I was previously sitting on, the industry committee, which met virtually twice a week on critical issues. When the international trade committee finally resumed last fall, the Conservatives brought forth a motion to begin a prestudy on a potential trade agreement between Canada and the United Kingdom, and to hear from stakeholders who would have been affected by this agreement or lack of one, as well as study what impacts could arise if an agreement was not in place.

While this study was occurring, we found out that the Liberals had walked away from trade negotiations with the U.K. in March 2019, only to return to the table in the summer of 2020. Other countries were negotiating and striking deals during this time. Finally, at the end of November 2020, after years of working on the agreement, just as one month before the CETA's application to the EU was set to expire, the government announced that it finally reached a trade agreement with the U.K., the CUKTCA, which was simply a rollover of the previous CETA. Four years of on and off talks led to a rollover.

The Liberals did not take our trading relationship with the U.K. seriously and mismanaged the process. I have heard and met from many organizations, workers and businesses about the trading relationship between Canada and the United Kingdom. They were hoping that a new trade agreement would be Canada 1, not CETA 2. They were looking forward to addressing emerging issues, whether it was non-tariff barriers preventing goods from being exported to the U.K. or seeing measures to target trade imbalances between our two nations. Some were looking for new provisions, such as better measures to connect small businesses to trading opportunities, or a chance to address long-standing issues, such as inequalities of frozen pensions. None of this was done.

While the Prime Minister in the fall of 2020 publicly and patronizingly stated that the United Kingdom did not have the “bandwidth” to negotiate a trade agreement with Canada, the U.K. government was working to negotiate with other countries and secure comprehensive trade agreements. Trade ministers in the U.K. denied these claims from the Prime Minister. Such comments about the U.K., one of our longest-standing allies, surely was not helpful.

Furthermore, we heard from many stakeholders in business and labour that the government did not consult with them. I heard Liberal MPs say that they did not need to consult widely, as the consultations were already done during CETA. However, those consultations were years old by the time it finally came to negotiate this agreement, with newer and emerging issues that really needed to be looked at.

Finally, on December 9, 2020, just two sitting days before the House of Commons rose for the year and just weeks before CETA's application to the U.K. was set to expire, the government introduced its enacting legislation for the CUKTCA, Bill C-18. The government literally waited until the final week of the final month of the final year to introduce enacting legislation on a bill to continue trade with one of our most important allies.

To no one's surprise, the government did not get Bill C-18 through Parliament before the end of 2020 and before CETA expired. This was even though the Conservatives had been pressing for months so that we would not have uncertainty for Canadian businesses.

Because the government mismanaged the timelines of the Canada-U.K. trade deal by not getting legislation through Parliament and the Senate by the end of 2020, it had to announce bridging measures through a memorandum of understanding, or an MOU, in the last week of December as a stopgap measure to give them more time. Otherwise, Canadian businesses would have been facing tariffs. The MOU was to last for 90 days, until the end of March.

Bill C-18 passed through the trade committee, and we were very surprised not to see it on the government's agenda this week considering there were only two sitting weeks of Parliament in March 2021 and the bill needs to go through the Senate. What was on the agenda instead this week was legislation so that we could have an election during the pandemic. That was the priority of the government. Now, with us being here on March 9, weeks away from the MOU ending, we do not know if Bill C-18 will go through the parliamentary process before the MOU expires. The answers from the minister were déjà vu, as we heard them last year before the last looming expiration deadline. They were vague and noncommital. Was the government preparing transitional measures for a transitional memorandum of understanding and another extension?

This is why Conservatives sought unanimous consent to get Bill C-18 through third reading in the House of Commons tonight, despite the Liberals mismanaging their legislative agenda. When were the Liberals planning to bring Bill C-18 forward for debate, if we were not doing it tonight? Businesses, workers and exporters would have been left in the dark again.

I want to be clear. The Conservatives have heard from exporters and they support Bill C-18, as it would provide continuity in trade between Canada and the United Kingdom. We are grateful for the hard work of our negotiating team in getting this done, despite the parameters that were left to them by the Liberal government.

The Conservatives have expressed concerns about some aspects of the agreement, which we believe could have been done better. For one, the Liberals claim that the agreement is an interim agreement, but we see lots of signs that this is not the case. The agreement states that the Governments of Canada and the U.K. could get back to the table to negotiate a successor agreement within a year of ratification, and that within three years the Governments of Canada and the U.K. must finalize their successor agreement. However, there is no sunset clause and this interim agreement could very well become a permanent one.

We have also learned through questioning of trade officials at the committee stage that the portions stating that Canada and the U.K. must get back to the table to negotiate a successor agreement are not binding. A successor agreement is important to better reflect the Canada-U.K. trading relationship, but I am disappointed that stronger language is not in it to ensure that this happens. The agreement does not address trade imbalances of specific sectors, such as the beef sector, and does not address any non-tariff barriers.

Once the agreement is ratified and in place, the Conservatives will be holding the government to account on the priority to get a successor agreement. Our Canadian citizens, workers and businesses deserve this.

Right now, at a time of so much uncertainty, we know that businesses need predictability, and they have told us this, which is why we do not want to delay Bill C-18. This is why it is really important for us to move forward with this legislation. We want to give certainty and predictability to businesses at a time when there is so much they are unaware of around the corner. While the pandemic is still occurring, businesses are still in jeopardy and are still hurting. A lot of the businesses that export from Canada are in agriculture, and it is really important that they have stability right now.

I am really glad that we are debating Bill C-18 this evening, that we can move it forward and that we can put it on the legislative agenda. Businesses can rely on the fact that Parliament is working for them and that we can meet the deadlines.

Canada—United Kingdom Trade Continuity Agreement Implementation ActGovernment Orders

March 9th, 2021 / 8:30 p.m.
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Bloc

Yves Perron Bloc Berthier—Maskinongé, QC

Mr. Speaker, I thank my hon. colleague for her speech.

She raised several concerns about this government's management and negligence before negotiations began.

Faced with such a government, we have reason to be concerned. Is my colleague not worried about what will happen next, particularly with respect to supply-managed commodities? Earlier, she spoke out against Bill C-216, but considering the government we are dealing with, would she be willing to pass a bill that would give people a little security?

Canada—United Kingdom Trade Continuity Agreement Implementation ActGovernment Orders

March 9th, 2021 / 8:35 p.m.
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Conservative

Tracy Gray Conservative Kelowna—Lake Country, BC

Mr. Speaker, we know that this agreement does protect supply management. It was very important for us to have it in there. One of the first announcements the government made was that the supply-managed sectors were supported in this agreement. We were very happy to see that once we saw the legislation for this.

Canada—United Kingdom Trade Continuity Agreement Implementation ActGovernment Orders

March 9th, 2021 / 8:35 p.m.
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Green

Elizabeth May Green Saanich—Gulf Islands, BC

Mr. Speaker, I hope that my colleague will not find this question difficult to answer because I really wanted to ask it of the hon. member for Sherwood Park—Fort Saskatchewan. It is about the issue of slavery in supply chains. I am really encouraged to see how much discussion we are having. It is tangential to the Canada-U.K. trade agreement, but given that the U.K. has tackled this issue of slavery in supply chain, I am wondering if I could take it up with her as well. We have Bill S-216 sitting in the Senate. We need to move ahead with these measures to help Canadians know that the goods we are consuming here are not produced with slave labour.

We do have a problem, though, that the general agreement on tariffs and trade and the World Trade Organization generally has identified these kinds of concerns as what it calls “PPM”, process and production methods that are outside the scope of government action. I am wondering if the hon. member for Kelowna—Lake Country would agree that we should grab the momentum toward taking action against slavery in supply chains while we have the chance and try to move Bill S-216 ahead as quickly as possible?

Canada—United Kingdom Trade Continuity Agreement Implementation ActGovernment Orders

March 9th, 2021 / 8:35 p.m.
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Conservative

Tracy Gray Conservative Kelowna—Lake Country, BC

Mr. Speaker, I appreciate the question from the hon. member. It is actually very timely because I am not sure if the member might be aware that at the international trade committee yesterday, the Conservatives put forth a motion dealing with forced labour in supply chains. We put forth a motion to look at government measures and their effectiveness. There are a couple of measures in place right now. We wanted to look at how effective they are with forced labour and human rights in Xinjiang and region and call the Minister of Small Business and a number of officials and look to see where there are gaps. That motion did not go through. The Liberals voted against it, as did the Bloc. Unfortunately, that study will not be happening despite the fact it would have been a very good and very timely study.

Canada—United Kingdom Trade Continuity Agreement Implementation ActGovernment Orders

March 9th, 2021 / 8:35 p.m.
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Bloc

Simon-Pierre Savard-Tremblay Bloc Saint-Hyacinthe—Bagot, QC

Mr. Speaker, I also salute my colleague, with whom I have the pleasure of sitting on the Standing Committee on International Trade.

I would like to come back to her exchange with my colleague from Berthier—Maskinongé. She said that she was pleased to see that the agreement with the U.K. would not result in new breaches in supply management. We are also pleased, and it is one of the fundamental conditions for our support, which we are providing.

However, we know that the United Kingdom wants to export more cheese. That means the problem will crop up again. My colleague rightly told us that the government was negligent. That being the case, why not protect supply mangement through legislation and prevent this negligent government from making the same mistake again?

Canada—United Kingdom Trade Continuity Agreement Implementation ActGovernment Orders

March 9th, 2021 / 8:35 p.m.
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Conservative

Tracy Gray Conservative Kelowna—Lake Country, BC

Mr. Speaker, I appreciate the member's work on the committee as well, where we work collaboratively. Supply management is very important. We are staunch supporters of supply management, so as I said earlier, we were very happy to see it in Bill C-18, so that all of those sectors can have certainty and stability during this time. That was one of the first questions that we posed once we heard there was an agreement coming forth. We were really happy to see that in this agreement, as we are discussing today.

Canada—United Kingdom Trade Continuity Agreement Implementation ActGovernment Orders

March 9th, 2021 / 8:35 p.m.
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Conservative

Lianne Rood Conservative Lambton—Kent—Middlesex, ON

Mr. Speaker, I want to thank my colleague, the member of Parliament for Kelowna—Lake Country and official opposition shadow minister for export promotion and international trade for sharing her time with me. I know her constituents of Kelowna—Lake Country are well served by the member. She has done great work on this file and on this bill, so I would like to thank her for that.

I rise today virtually as the shadow minister for agriculture and agri-food to speak to the importance of maintaining and growing Canada's post-Brexit trading relationship with the United Kingdom as it leaves the European Union and is no longer covered by the Canada-European Comprehensive Economic and Trade Agreement, or CETA.

To begin with, the linkages between Canada and the United Kingdom may be obvious, but they are worth pointing out. First and foremost, Her Majesty the Queen is sovereign of both Canada and the United Kingdom. She is also the head of the Commonwealth of Nations, of which both countries are founding members. Canada's Constitution Act, 1867, was originally the British North America Act, an act of Parliament at Westminster.

Until the Statute of Westminster, 1931, the United Kingdom led Canada's foreign relations. The former British Empire, which Canada was part of, was the world's largest trading and customs union. When he was prime minister, the late Right Hon. John Diefenbaker wanted to revive this trading and customs union. Therefore, today, Canada's trading relationship with the United Kingdom is among its most important, including for the agricultural sector.

According to Industry Canada, in 2019, Canada's overall exports to the U.K. were valued at $18.9 billion, while imports from the U.K. were valued at $9.2 billion. Combined, the two-way trade between Canada and the U.K. in 2019 was valued at over $28 billion. This makes the U.K. Canada's fifth-largest trading partner.

In the same year, agriculture and agri-food imports from the U.K. were valued at more than $404 million, and Canada's agriculture and agri-food exports to the U.K. were valued at more than $344 million. That included agricultural implements valued at more than $13.4 million and distilleries products valued at more than $3.6 million. All other agricultural products exported by Canada were valued at $326 million. Therefore, as an agricultural export market, the U.K. is Canada's seventeenth-most valuable in the world. The U.K. is Canada's third-most valuable agricultural export market in Europe, after France and Belgium.

Canada produces and exports some of the highest-quality food products in the world, and our farmers are proud of what they produce. In 2019, Canada's exports of wheat to the U.K. were valued at $116.3 million, and customers in the U.K. recognize that Canadian durum wheat is a premium product in the production of flour for bread and semolina for pasta. The demand for other grain, pulse and oilseeds crops is high because of the virtually unrivalled quality of our Canadian products.

Let me expand on the agriculture commodities that we trade most with the U.K.

Corn exports totalled $42.8 million. Dry pea and bean exports totalled $104.7 million. Soybean exports were valued at $338 million. Oilseeds, apart from soybeans, totalled $3.2 million. Non-citrus fruit and tree nut exports were $1.7 million. Miscellaneous crops, including other grains, totalled $18 million. These products are all grown by farmers who pride themselves on the quality of their product and appreciate the relationship that they have with the U.K., including farmers from my own riding of Lambton—Kent—Middlesex.

The U.K. is an important market for a wide variety of farm products and services. This agreement protects Canada's dairy, poultry and agriculture sectors and the viability of produced-in-Canada suppliers of these products. It offers no incrementally increased market access for supply-managed products. However, the U.K. market is effectively closed to other Canadian farm products, including beef.

Because of this, any future trade negotiations between Canada and the United Kingdom should look at the following points of discussion. The first is what Canada must do in order to restore the United Kingdom's market openness for Canadian beef exports. The second is to look for an opportunity to promote Canadian agricultural products to achieve a greater share of the existing United Kingdom market.

For example, the United Kingdom exports of distillery products to Canada in 2019 totalled just short of $270 million, compared to $3.6 million from Canada to the United Kingdom. Discussions should be pursued to create what would effectively be a new market for other Canadian products, including canola. As well as serving as a high-quality cooking oil, canola is used as a feedstock for the production of biodiesel. Sadly, at present, the United Kingdom is not a significant market for canola. Is the Government of Canada doing all it could to promote Canadian agricultural products in the United Kingdom?

Further, and according to the Minister of International Trade, if this bill failed and Canada's trading relationship with the U.K. were to revert to most-favoured-nation provisions, subject to the World Trade Organization regime, food exports would be among the most negatively affected. At a time when Canadian producers have seen markets reduced or closed to their agricultural products in China and elsewhere around the world, we must keep open and expand all existing markets for Canadian producers.

Our consideration of Bill C-18 and trade continuity with the U.K. post-Brexit should not be taken as a be-all and end-all. This should be taken as a new starting point for an enhanced, friendly, fruitful and prosperous trading relationship between our two countries and our respective producers and service providers.

I want to turn now to where the performance of the Liberal government has fallen short of what Canadians expect. As my colleague, the shadow minister for export promotion and international trade, has pointed out, the Liberals introduced this bill at the last minute to replace a trade agreement that they had known for some time was expiring at the end of 2020.

Again, as my colleague pointed out, while we are pleased that Canada and the United Kingdom have secured a trade agreement that re-establishes provisions under CETA, we are not pleased that the Liberals waited until the eleventh hour to introduce the implementing legislation. This is yet another example of Liberal mismanagement and incompetence.

Make no mistake, Conservatives have been the party of well-regulated free trade. Sir John A. Macdonald sought trade reciprocity with the United States immediately following Confederation. As I have already mentioned, Prime Minister John Diefenbaker sought to revive free trade in the Commonwealth. The Canada-U.S. Free Trade Agreement was initiated and implemented by former Prime Minister Brian Mulroney and his international trade minister, the late John Crosbie. The Right Hon. Stephen Harper negotiated over 30 bilateral trade agreements, as well as CETA and the trans-Pacific partnership. The Conservative Party understands that Canada's prosperity and job creation hinge on Canadian producers' access to international markets for their goods and services, including agricultural goods and services.

Let me say again that the Conservative Party is the party of well-regulated free trade. On a more personal note, as with so many communities across all regions, provinces and territories of Canada, my riding of Lambton—Kent—Middlesex is heavily dependent on having secure and reliable access to markets for the agricultural products that they produce. As with ridings served by my colleagues on this side of the House and also by colleagues on all sides of this chamber, our constituents' jobs and livelihoods, and their ability to provide for their families and loved ones, depend on both local and global markets for agricultural products. They cannot afford to lose any market, including the United Kingdom, as a market for agricultural products.

Let me summarize by again pointing out the obvious. Canada's relationship with the United Kingdom is a long and warm one. Even apart from our commonalities, Canada's trading relationship with the United Kingdom is too valuable to lose. It is too valuable to lose for Canadian farmers and agricultural producers of goods and services. Canadian agricultural producers are ready to supply top-quality products to the United Kingdom and the rest of the world.

Canada—United Kingdom Trade Continuity Agreement Implementation ActGovernment Orders

March 9th, 2021 / 8:45 p.m.
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NDP

Rachel Blaney NDP North Island—Powell River, BC

Mr. Speaker, one of the things I cannot help but think about is the fact that this trade agreement is touted as a temporary or transitional deal. Does the member believe that we should include a sunset clause to ensure that negotiations lead to a successor agreement? I think that would provide a lot more stability and I would like to hear what the member thinks about it.