The House is on summer break, scheduled to return Sept. 15

Canada–United States–Mexico Agreement Implementation Act

An Act to implement the Agreement between Canada, the United States of America and the United Mexican States

This bill is from the 43rd Parliament, 1st session, which ended in September 2020.

Sponsor

Status

This bill has received Royal Assent and is now law.

Summary

This is from the published bill.

This enactment implements the Agreement between Canada, the United States of America and the United Mexican States, done at Buenos Aires on November 30, 2018, as amended by the Protocol of Amendment to that Agreement, done at Mexico City on December 10, 2019.
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 20 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 the coming into force provisions.

Elsewhere

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

Bill numbers are reused for different bills each new session. Perhaps you were looking for one of these other C-4s:

C-4 (2025) Making Life More Affordable for Canadians Act
C-4 (2021) Law An Act to amend the Criminal Code (conversion therapy)
C-4 (2020) Law COVID-19 Response Measures Act
C-4 (2016) Law An Act to amend the Canada Labour Code, the Parliamentary Employment and Staff Relations Act, the Public Service Labour Relations Act and the Income Tax Act

Votes

Feb. 6, 2020 Passed 2nd reading of Bill C-4, An Act to implement the Agreement between Canada, the United States of America and the United Mexican States

Canada-United States-Mexico Agreement Implementation ActGovernment Orders

February 3rd, 2020 / 11:10 a.m.

Liberal

Kevin Lamoureux Liberal Winnipeg North, MB

Madam Speaker, I have always been a very strong advocate of supply management. I have witnessed first-hand both in the provincial legislature of Manitoba and as a member of Parliament how the industry itself has benefited. More specifically I have witnessed how consumers and Canadians have benefited, whether it is with respect to the quality of products, job creation or the fact we have something worth fighting for. I suspect we will find that universally applied within the Liberal caucus, in particular with our members of Parliament from the province of Quebec, who are very much aware of the importance of supply management.

We will continue to be there to protect the industry. At times there needs to be a form of compensation. Once we get to the second reading vote on this legislation, I would encourage the Bloc members to give it their consideration and recognize that we have an agreement that is in the best interests of all of Canada. We have great support crossing political lines from the different premiers across the country. I hope the Bloc will give extra consideration to recognizing the value of this agreement.

Canada-United States-Mexico Agreement Implementation ActGovernment Orders

February 3rd, 2020 / 11:15 a.m.

Liberal

Michael Levitt Liberal York Centre, ON

Madam Speaker, I want to thank the hon. member for opening up the debate for us this morning.

On his last note, he mentioned co-operation across party lines. That is not just with respect to political co-operation, but also co-operation across labour, business and indigenous groups, and the political co-operation that came together with respect to the NAFTA advisory council. I wonder if the hon. member would reflect a bit on how that all came together to get this good, hard work done on this new NAFTA.

Canada-United States-Mexico Agreement Implementation ActGovernment Orders

February 3rd, 2020 / 11:15 a.m.

Liberal

Kevin Lamoureux Liberal Winnipeg North, MB

Madam Speaker, the member is quite right. However, to say that this took place within a month or two would be wrong. It has taken a great deal of time and effort by a good number of people from different stakeholder forums, including political and non-profit. We had a great group of people. We have a wonderful agreement, which we should be looking at passing.

Canada-United States-Mexico Agreement Implementation ActGovernment Orders

February 3rd, 2020 / 11:15 a.m.

NDP

Taylor Bachrach NDP Skeena—Bulkley Valley, BC

Madam Speaker, I rise today to speak to the new NAFTA, the Canada-United States-Mexico agreement.

New Democrats recognize that the United States is Canada's most significant trading partner, and that the trade enabled by the agreement we are debating today is critical to Canada's economic success. Since the signing of the original free trade agreement, Canadian exports to the United States increased from $110 billion in 1993 to $349 billion in 2014. However, it is vital that the wealth generated through trade creates good jobs for working people in Canada and not simply for the interests of the wealthiest few.

When the initial agreement was signed back in November 2018, the NDP raised serious concerns about how the new trade deal addressed workers' rights and environmental regulations. Disappointingly, it was left to the Democrats in the U.S. rather than the Liberal government to stand up to the Trump administration and fight for these important changes.

I would like to use my time today to address three broad areas of concern. First, I will highlight two industries in my riding of Skeena—Bulkley Valley that I believe should have done better by the deal the government signed. Second, I will address the failure of this deal to engage indigenous people and to uphold their rights. Third, I will speak on our thoughts about the closed-door process by which our government negotiates deals such as this one.

While we have seen some sectors thrive and bring jobs and opportunities to northern British Columbia, we have also seen some industries struggle. We have heard a fair bit in the House already with regard to how this agreement would affect Canada's aluminum industry.

Canada's aluminum industry is the fifth largest in the world with an annual production of 2.9 million tonnes of primary aluminum. All of this is produced with a lower carbon footprint than other international producers.

The only aluminum smelter in western Canada is located in my riding in northern British Columbia. Rio Tinto's Kitimat smelter employs more than 1,000 workers in the town of Kitimat and contributes over $500 million annually to British Columbia's economy. As anyone who knows Kitimat will say, it is hard to overstate the importance of the smelter to this community. Indeed, it was the primary reason for the founding and construction of the community in the 1950s. However, for over a year, illegal steel and aluminum tariffs imposed by the U.S. left workers in Kitimat anxious about their community's future. While people in my riding were left wondering whether they would continue to have work, the government went ahead and signed the new NAFTA deal with those tariffs still in place.

The cost of the government's inaction on aluminum has been high. It has been estimated that across the country over 1,000 jobs have been lost. While the government is celebrating the lifting of these tariffs, I am still hearing concerns from aluminum workers in my riding.

The U.S. has made it clear that it would be willing to reinstate tariffs at any time, and all it would take is for President Trump to decide that there has been a surge in aluminum imports for these tariffs to return. Unfortunately, we do not have a definition in this agreement for what would constitute a surge in imports, which means continued uncertainty for workers in my riding regardless of whether this agreement is ratified.

I have also heard concern with how the amended agreement deals with rules of origin in the automotive sector, a topic we have heard about in the House over the past few days. While the agreement requires that 70% of steel and aluminum used in the manufacture of automobiles be from North America, no one seems to have bothered to ask what percentage the industry currently uses. Without that information, how can Canadians determine if this threshold will stimulate our industry or simply be a backstop?

Furthermore, the requirement that 70% of aluminum be North American is undermined again by the lack of a definition for what is meant by “North American”. For steel, the agreement sets out a specific definition, which reads, “for steel to be considered as originating under this Article, all steel manufacturing processes must occur in one or more of the Parties, except for metallurgical processes involving the refinement of steel additives....”

Such processes include the initial melting and mixing and continues through the coating stage, yet for aluminum, no such definition exists. This calls into question whether Mexican auto parts manufacturers could import cheap aluminum ingots from China without running afoul of the 70% rule. If this is indeed possible, it begs the question as to what the value is of having the 70% provision included in the agreement at all.

It appears that weaker aluminum provisions were the cost of getting this agreement signed, a concession that poses a real risk to the economy of the region I represent. Should this deal be ratified, workers in my riding deserve to hear more from the government about how it plans to protect aluminum workers and increase the market for Canadian aluminum.

A second area of concern I have heard about from people in my riding is softwood lumber. In Skeena—Bulkley Valley, as many as 3,500 people are employed in the forestry sector. However, for many communities, falling lumber prices have led to tough times. We have seen layoffs, curtailments and mill closures across northern B.C. At such a tough time, what we needed was a government in Ottawa on the side of forestry workers, but that has just not been the case.

While it is vital and positive that the NAFTA dispute mechanism has remained in the new trade agreement so that Canada can continue to argue for independent arbitration when the U.S. seeks to impose tariffs on Canadian softwood, we see very little in this agreement for the forestry sector. Since the previous softwood agreement expired in October 2015, we have desperately needed a new agreement to give forestry workers certainty that their product will still have access to the U.S. market. Instead, we have seen the Trump administration imposing softwood tariffs.

It would seem that during all those trips to Washington, getting a fair deal in the softwood lumber dispute was never on the table, but we will never know because of the opaque process by which this agreement has been negotiated. I would have thought that while we were opening up trade negotiations with the U.S., getting a stable resolution on softwood would be at the top of the agenda.

Another real concern with this new agreement is indigenous rights. In 2017, the Liberal government promised it would negotiate an entire chapter in this agreement to promote indigenous rights, but again we are left disappointed with what the government has delivered. It is so disheartening, as we work toward reconciliation with indigenous peoples across North America, that this agreement makes no mention of the United Nations Declaration on the Rights of Indigenous Peoples. We see again that the government has put the interests of big corporations ahead of indigenous peoples, who are seeking justice and respect on their own lands.

Finally, I would like to address the process by which this agreement was negotiated.

Throughout the negotiations, we heard from the Liberals that this was the best deal possible, but then the Democrats in the United States were able to deliver the important changes that the Liberals told Canadians were just not possible. Now we are hearing more concerns from some sectors, and again it is difficult for Canadians to have their voices heard. For people in northwest British Columbia, it feels like the government is just not listening.

People are rightly concerned that such an important agreement for Canada's economy would be adopted without a thorough examination. Why is it that Canadians know more about the negotiation strategy and objectives of our trading partner than they do of their own government?

Going forward, we need to see a real commitment to changing how Canada negotiates international trade agreements. Too often we see deals made behind closed doors, with everyday Canadians having little input. We need a commitment to increase transparency and a government that gives voice to working people most affected by trade agreements, not just to corporate lobbyists that stand to profit most from the outcome.

That is why the New Democrats support a thorough study of this deal along with the creation of a transparent trade process that holds our government more accountable and allows Parliament to play a more meaningful role than that of a simple rubber stamp. We owe it to Canadians.

Canada-United States-Mexico Agreement Implementation ActGovernment Orders

February 3rd, 2020 / 11:25 a.m.

Liberal

Judy Sgro Liberal Humber River—Black Creek, ON

Madam Speaker, I would like to welcome our new member.

After second reading, Parliament will refer the legislation to a committee. As chair of that committee, I expect we will have several hours, many hours possibly, to hear from witnesses who want to comment. In spite of the very long process, many Canadians had an opportunity to contribute, but we want to ensure that if any other comments need to be put on the record, Canadians have the opportunity to do that.

With reference to aluminum in particular, what kind of protection do aluminum workers currently have, prior to this agreement?

Canada-United States-Mexico Agreement Implementation ActGovernment Orders

February 3rd, 2020 / 11:25 a.m.

NDP

Taylor Bachrach NDP Skeena—Bulkley Valley, BC

Madam Speaker, I thank the hon. member for the warm welcome.

I do not doubt that there will be a robust debate at committee concerning the bill and that there will be important discussions, but the question is what bearing it will have on the bill itself.

Comparing the process here in Canada to that in the United States, members of Congress have a more meaningful role in making changes to legislation. I believe that the discussion at debate in Canada comes after the fact and that our role as Parliament is little more than to give a rubber stamp or there will be no deal at all. That is what the New Democrats would like to see changed.

Canada-United States-Mexico Agreement Implementation ActGovernment Orders

February 3rd, 2020 / 11:25 a.m.

Bloc

Yves Perron Bloc Berthier—Maskinongé, QC

Madam Speaker, I would like to congratulate my colleague for his excellent intervention.

The Bloc Québécois is also concerned about these agreements being negotiated behind closed doors, because the details are often slow to emerge.

For instance, does my colleague know that the Canadian government agreed to limit exports of milk by-products, milk protein concentrate and infant formula to countries outside the agreement? This provision is something we have never seen before, and I would like to hear what my colleague thinks about it.

Canada-United States-Mexico Agreement Implementation ActGovernment Orders

February 3rd, 2020 / 11:25 a.m.

NDP

Taylor Bachrach NDP Skeena—Bulkley Valley, BC

Madam Speaker, what the hon. member has raised is precisely why we need a better process, one that is transparent and engages Canadians in the debate around what the objectives and the strategy for negotiating these trade agreements should be at the front end of the process, not the back end. The example he raised is a good one.

Canada-United States-Mexico Agreement Implementation ActGovernment Orders

February 3rd, 2020 / 11:25 a.m.

Conservative

Arnold Viersen Conservative Peace River—Westlock, AB

Madam Speaker, I would like to welcome my colleague to this place. My sister and brother live in his constituency, so I know his neck of the woods very well. It is a beautiful part of the country.

I am not 100% sure whether the hon. member is supporting this trade deal, but I get the impression he is not. In addition to our accessing more markets around the world, what does he have to say about competitiveness here in Canada?

Also, I know that things like the carbon tax put us offside in terms of competing with the world, particularly on things like aluminum. I am wondering if he has any thoughts on that.

Canada-United States-Mexico Agreement Implementation ActGovernment Orders

February 3rd, 2020 / 11:25 a.m.

NDP

Taylor Bachrach NDP Skeena—Bulkley Valley, BC

Madam Speaker, I do indeed know that the hon. member has family connections in my riding. We had a lovely chat earlier about that.

His question is about competitiveness, and obviously Canada's competitiveness in the world is important. I believe his question is broader than the debate we are having today specifically around this trade agreement. In a world moving toward a low-carbon economy, which we all know is an imperative, having regulations and systems in place that show we are being responsible is indeed going to be a competitive advantage and will open Canada to new markets around the world.

Canada-United States-Mexico Agreement Implementation ActGovernment Orders

February 3rd, 2020 / 11:30 a.m.

Yukon Yukon

Liberal

Larry Bagnell LiberalParliamentary Secretary to the Minister of Economic Development and Official Languages (Canadian Northern Economic Development Agency)

Madam Speaker, I have two quick comments. One is on the question of competitiveness just raised by the opposition. We put a plan in place to cover and take care of large final emitters, and the Conservatives have spoken against it.

The second is on quotas, in particular the new ones that were just raised. Canada is not producing an amount near those quotas at the moment, so it is not going to adversely affect us.

Canada-United States-Mexico Agreement Implementation ActGovernment Orders

February 3rd, 2020 / 11:30 a.m.

NDP

Taylor Bachrach NDP Skeena—Bulkley Valley, BC

Madam Speaker, are the quotas the hon. members raises the quotas for aluminum?

Canada-United States-Mexico Agreement Implementation ActGovernment Orders

February 3rd, 2020 / 11:30 a.m.

Liberal

Larry Bagnell Liberal Yukon, YT

Baby formula.

Canada-United States-Mexico Agreement Implementation ActGovernment Orders

February 3rd, 2020 / 11:30 a.m.

NDP

Taylor Bachrach NDP Skeena—Bulkley Valley, BC

I apologize. He raises a good point. I do not have the depth of knowledge on that particular aspect and I look forward to learning more.

Canada-United States-Mexico Agreement Implementation ActGovernment Orders

February 3rd, 2020 / 11:30 a.m.

Liberal

Judy Sgro Liberal Humber River—Black Creek, ON

Madam Speaker, I rise today not only as the member of Parliament for Humber River—Black Creek but also as the chair of the Standing Committee on International Trade to speak in favour of the Canada-U.S.-Mexico agreement and to encourage my hon. colleagues to support the legislation.

I would like to recognize my committee colleagues from all parties for their dedication to their constituents and their country. I look forward to working with them as we go through the parliamentary process. All members have made it clear to me that their sincerest intent is to collaborate, co-operate and come together as a committee to make sure we do the job we were elected to do and do it right.

For over a year, Canada negotiated hard for a modernized free trade agreement with the United States and Mexico. During this time, government officials consulted with over 47,000 Canadians and over 1,000 stakeholders from all areas of Canada's economy to ensure that the deal we struck represented the best interests of Canadian workers and businesses from coast to coast to coast. Our foremost concern throughout the negotiation was always Canadian workers and their families: protecting workers' jobs, their families and the planet and ensuring that the deal would grow our economy.

In these respects, the deal we have struck is a winner. The new NAFTA safeguards the over $2 billion of daily cross-border trade, ensures tariff-free access to our largest trading partner and protects Canadian jobs. I have been encouraged by the spirited debate in the House by my hon. colleagues and their commitment and interest. I know that every member shares the same commitment to protecting Canadian workers and maintaining economic growth. In these especially turbulent times for global political discourse, I would like to thank my colleagues for restraining the partnership on all levels, wherever possible, and maintaining the respect and decency that this chamber commands. I hope that will continue.

We must keep in mind that negotiating transformational trade deals like the Canada-U.S.-Mexico agreement is always tense and difficult. I remind colleagues of the attitudes that existed when NAFTA was being negotiated. Canadians were worried about the impact of NAFTA on not only the Canadian economy but also our national identity. Not only have we found those fears unrealized, and we are very grateful for that, but we now know that NAFTA is one of the pillars of our relationship with the United States and Mexico and one of the cruxes of our economic strength. It is my sincere belief, notwithstanding the occasionally adversarial nature of the debate on this agreement, that we will look back on this deal years from now with the same lens through which we viewed the original NAFTA: a good deal that has contributed a significant amount to Canadian economic prosperity.

From coast to coast to coast, from agriculture to aluminum, to automobiles, every sector of the Canadian economy will stand to gain from this agreement. On the farm, we have successfully defended our supply management system for dairy, poultry and eggs, despite attempts to completely dismantle it. We have gained new market access for refined sugar and margarine and protected billions of dollars in agricultural and agri-food trade. I am well aware of this, as the former minister of agriculture spoke about those issues a lot in the House.

In the factory, we have a gold-plated insurance policy against a possible 232 tariffs on cars and car parts. I would be remiss if I did not remind my hon. colleagues that we are the only G7 country that has been afforded that protection.

We have strengthened labour protections that have been praised by union workers. Jerry Dias of Unifor has endorsed the deal, noting that it is a better deal than the one signed in 1994. We ensured enforceable labour obligations were included in the new deal to protect workers from discrimination in the workplace, in particular on the basis of gender. The improvements made on labour rights for Mexican workers will help level the playing field for Canadian workers, especially in our automotive industry.

In my riding of Humber River—Black Creek, companies such as Etobicoke Ironworks were feeling the pressure of the tariffs imposed on Canadian steel and aluminum. These tariffs were affecting their competitiveness not only abroad but also domestically. I had the distinct pleasure of touring its facilities last year and saw first-hand the important work that it does and how damaging these tariffs were on its competitiveness and ability to plan for the future.

With this new agreement, with the certainty that its products are protected, Etobicoke Ironworks can continue to innovate, expand its operational capacity and provide Canada, the United States and Mexico with high-quality Canadian steel and aluminum.

However, it is not just in the critical sectors of steel and aluminum that we have ensured the protection of Canadian workers and taxpayers. The investor-state dispute resolution, which was a provision of the original NAFTA, was a dispute resolution system that allowed companies to sue the Canadian government. This system cost Canadian taxpayers over $300 million in penalties and legal fees. It elevated the rights of corporations over those of sovereign governments. It is now gone. With the removal of the ISDR, our government's right to regulate in the public interest, especially with respect to the protection of public health and the environment, has been significantly strengthened.

Our climate is changing. For too long, we have known this and not taken the requisite action. The election and re-election of this government is no doubt due in part to our commitment to protecting the environment. On that note, perhaps some of the most important wins in the new NAFTA deal can be found in the environmental protections that have been included in this agreement.

In replacing the separate side agreement regarding the environment, the new NAFTA has a dedicated chapter on the protection of the environment. We now have far more robust and enforceable standards for air and marine pollution.

This is a good deal for auto workers, through the lifting of harmful tariffs; for dairy farmers through the protection of supply management; for indigenous people through the protection of their culture and land; and for Canadians from coast to coast to coast. We have heard from all Canadians of all political stripes who echo their support for this deal, from Premier Moe of Saskatchewan to Premier Kenney of Alberta and Premier Legault of Quebec. There is consensus among political leaders in the country that this is a good deal.

We have also heard from important stakeholders such as the Canadian Labour Congress, the Business Council of Canada and the Canadian Steel Producers Association, which all speak in favour of rapid ratification of this agreement.

Arrival at the agreement would have been impossible without so many people rowing in the same direction. As many others have rightly said, this was a pan-Canadian effort, and I am optimistic that we will see more of this spirit of Canadian co-operation over the course of this Parliament.

I look forward to hearing from my colleagues.