Canada—United Kingdom Trade Continuity Agreement Implementation Act

An Act to implement the Agreement on Trade Continuity between Canada and the United Kingdom of Great Britain and Northern Ireland

This bill is from the 43rd Parliament, 2nd session, which ended in August 2021.

Sponsor

Mary Ng  Liberal

Status

This bill has received Royal Assent and is now law.

Summary

This is from the published bill.

This enactment implements the Agreement on Trade Continuity between Canada and the United Kingdom of Great Britain and Northern Ireland.
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 10 to 15 or any order made under those sections, or on the basis of the provisions of the Agreement, without the consent of the Attorney General of Canada.
Part 1 approves the Agreement, provides for the payment by Canada of its share of the expenditures associated with the operation of the institutional and administrative aspects of the Agreement and gives the Governor in Council the power to make orders in accordance with the Agreement.
Part 2 amends certain Acts to bring them into conformity with Canada’s obligations under the Agreement and contains a transitional provision.
Part 3 contains a coordinating amendment and the coming-into-force provision.

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.

Bill numbers are reused for different bills each new session. Perhaps you were looking for one of these other C-18s:

C-18 (2022) Law Online News Act
C-18 (2020) Law Appropriation Act No. 2, 2020-21
C-18 (2016) Law An Act to amend the Rouge National Urban Park Act, the Parks Canada Agency Act and the Canada National Parks Act
C-18 (2013) Law Agricultural Growth Act
C-18 (2011) Law Marketing Freedom for Grain Farmers Act
C-18 (2010) Increasing Voter Participation Act

Votes

March 10, 2021 Passed 3rd reading and adoption of Bill C-18, An Act to implement the Agreement on Trade Continuity between Canada and the United Kingdom of Great Britain and Northern Ireland
Feb. 1, 2021 Passed 2nd reading of Bill C-18, An Act to implement the Agreement on Trade Continuity between Canada and the United Kingdom of Great Britain and Northern Ireland

Canada—United Kingdom Trade Continuity Agreement Implementation ActGovernment Orders

January 29th, 2021 / 12:55 p.m.

Bloc

Yves Perron Bloc Berthier—Maskinongé, QC

Madam Speaker, it is an honour to be given the floor by this new occupant of the chair. I am a bit flustered.

I thank my colleague from the Green Party for the question. It is essentially the same question as before. I will reiterate my position. We are in favour of protecting the sovereignty of states because we are in favour of protecting the sovereignty of peoples. Obviously, we must avoid giving businesses the ability to sue governments. It is a dangerous thing that we must fight against.

Canada—United Kingdom Trade Continuity Agreement Implementation ActGovernment Orders

January 29th, 2021 / 12:55 p.m.

Bloc

Marilène Gill Bloc Manicouagan, QC

Madam Speaker, like my colleague from Berthier—Maskinongé, I am honoured to be given the floor by this new chair occupant.

First, I would like to thank someone who worked very hard on this file on behalf of the Bloc Québécois, and that is my colleague from Saint-Hyacinthe—Bagot. I would like to thank him for the work he did in committee to defend the views of the Bloc Québécois and all the work he did for Quebeckers to help them better understand the issues related to trade agreements, something that many people feel is far removed from their daily lives. However, as we saw during the debate, these issues have a very real impact on people's lives and even affect the issue of independence, which is something that our party cares a lot about.

What is more, I would like to thank those of my colleagues who, like the member from Berthier—Maskinongé, spoke to Bill C-216. We see that everything is related and that the work of the Bloc Québécois, what we are going to do to defend agriculture and food sovereignty, is essential. I therefore thank my colleagues for demonstrating how this teamwork helps Quebec to be better heard and defended.

It has been said before, but I think it bears repeating: The Bloc Québécois supports Bill C-18. We are not questioning the need for trade agreements and treaties that have been around since the beginning of time and that improve people's lives from an economic, social and cultural perspective.

This debate is about a bill to implement a temporary agreement that will be in effect until a permanent trade agreement is signed. This historic example is proof that there is no black hole when at state decides to reclaim its sovereignty. Everyone wants to keep the trade channel open so we can reassure our businesses and our economy that there will be a smooth transition. Because this agreement is temporary, we can make improvements. Having to renegotiate is not a bad thing; it actually provides opportunities, including the opportunity to work on one of the issues that came up today, dispute resolution mechanisms. We will have no choice but to renegotiate in the coming months, and that is a good thing.

Here is the first thing I would like us to focus on now: transparency in all its forms. I feel like I have talked about this concept repeatedly during this Parliament and the previous one. I am going to talk about how the committee work played out and how we ended up studying this bill. I found the whole process totally ridiculous, and I want to stress that.

I will use an analogy to put the situation in context. In our personal life, when we reach an agreement or sign a contract to buy a car—a very practical example—or to get married, which outside of love may be very practical as well, the stakeholders, those who are affected by the agreement or the contract, have to be heard. They must be able to express their interests and their wishes and to discuss them. For there to be agreement, the people involved have to be able to talk to one another. The bill was tabled on December 9 at the Standing Committee on International Trade, just two days before the House rose for the break.

As my colleague from Saint-Hyacinthe—Bagot put it so well, it really is like a theatre of the absurd. What is even worse is that the Liberals have no idea they live in such a world, although everyone else sees it.

The government brought this bill before the committee and asked that it be reported back. In this case, committee members were to examine a trade agreement and submit a report.

Without access to the text of the agreement, they had to take part in the deliberations, express opinions, take considerations into account and ask all their questions. This is completely absurd, even beyond absurd. This calls into question the very privileges of parliamentarians.

We are talking about legislating, deliberating and holding the government to account when we cannot even express our views on a bill. I do not think my constituents would be very pleased with me if I told them I voted for a bill without having any idea what it was about or what impact it might have. They would not understand that, like a good, obedient opposition member, I trusted the government, which has fooled us many times with these kinds of trade agreements. I do not need to name them, because they include last three agreements.

I believe that we have the right to legislate, deliberate and hold the government to account. However, to do this properly, we need all the information.

I find that the government is irresponsible. As parliamentarians and citizens, we must always learn from our mistakes, find solutions and do better. I am urging us to do so as we move forward. As this is a transitional agreement, we should not wait until the last minute again. We must renegotiate and we can establish a timeline so that this happens very quickly.

I would also like to talk about the historical perspective, which we as separatists have a keen interest in. I have already thanked my colleague from Saint-Hyacinthe—Bagot for his analysis of Brexit, the withdrawal of the United Kingdom from the European Union. It represents a true precedent for Quebec. We are seeing the will of a nation to take back its sovereignty. We are moving from theory to reality.

How many times have we heard economic threats directed at separatists, telling us that we cannot make it without Canada? I think we have often seen that we are very capable of making it without Canada. My colleague from Saint-Jean noted earlier that Quebec does not wish to be independent solely for economic considerations.

This is a practical, and not theoretical, example of what happens when a trading nation decides to take back its sovereignty. The United Kingdom's experience is a prime example. There was no black hole at the end of these agreements during the transition period. The United Kingdom has already restored 60 of the 70 trade agreements that had been signed with the European Union. I think it is worth noting that the Brits now have an agreement with Japan, which they did not have before.

Earlier the notion of turbulence came up. In response to that, I want to point out that no matter where you fly, your plane will go through turbulence, and yet you always get to your destination. I am happy to get on that plane, whether it is headed towards Ottawa or towards Quebec's independence.

As a final note on the topic of sovereignty, decision-making and the opportunity to do things on our own, I want to stress that our principles and our values are not for sale. Topics such as health, workers' rights, the environment, food sovereignty and democracy are all things that a sovereign state can protect. When we step up to a bargaining table, we do not negotiate over issues that are important to us, that make us who we are or that bring us together to work as a people, as a whole. That is why we want to sign our own trade agreements.

We could then protect supply management, softwood lumber, aluminum and all of the issues that make Quebec what it is. This is what my constituents want.

Canada—United Kingdom Trade Continuity Agreement Implementation ActGovernment Orders

January 29th, 2021 / 1:05 p.m.

Liberal

Mark Gerretsen Liberal Kingston and the Islands, ON

Madam Speaker, I have listened to members of the Bloc talk a lot about what I perceive to be a downplaying of the economic reality of what would happen if Quebec took on independence when it comes to economic trade. I have asked a couple of members about this in the past.

Can the member comment on what she thinks that economic reality would look like? It has been downplayed, and I have not heard about what it would look like if it transpired.

Canada—United Kingdom Trade Continuity Agreement Implementation ActGovernment Orders

January 29th, 2021 / 1:05 p.m.

Bloc

Marilène Gill Bloc Manicouagan, QC

Madam Speaker, I thank my colleague for reiterating her question about concerns related to Quebec's independence.

I would say that fear is the federalists' only argument. Fear is irrational. Jacques Parizeau was a Quebec premier who I really liked. The inscription on his headstone reads, “Do not be afraid”. I can say that we separatists are not afraid. Building a country is exciting. It is what motivates all the members of the Bloc Québécois when they rise in the House. We will not stop our work because of scare tactics, quite the contrary. We will show that Quebec is a viable nation that is alive and well.

Canada—United Kingdom Trade Continuity Agreement Implementation ActGovernment Orders

January 29th, 2021 / 1:05 p.m.

Green

Elizabeth May Green Saanich—Gulf Islands, BC

Madam Speaker, I am very concerned about any comparison suggesting that what happened with the U.K. within the European Union was a loss of sovereignty. Conflating the parallels of Quebec within Canada and the U.K. within the European Union is a false comparison. There are many other aspects of the multilateralism in the European Union, and the U.K.'s place within it, that we should not celebrate. They are ripping apart effective, functioning protections for the environment and human rights, as well as a display of multilateralism that was a good example for the world.

I respect that the hon. member and I have different views regarding the nation of Canada and the place Quebec has within it, but does she not agree with me that Canada would be so much more the poorer if we were to lose the critical role that Quebec plays in our environmental and cultural policies and our social fabric?

Canada—United Kingdom Trade Continuity Agreement Implementation ActGovernment Orders

January 29th, 2021 / 1:10 p.m.

Bloc

Marilène Gill Bloc Manicouagan, QC

Madam Speaker, there are so many things I want to say in my response to my colleague.

First, it is the United Kingdom's choice. In my opinion, withdrawing from a trade agreement does not mean that the U.K. will not respect or want to respect human rights. Withdrawing from the agreement also does not mean that the U.K. will no longer be interested in environmental issues, contrary to what my colleague was saying.

That brings me back to Quebec. Quebec is already struggling. Multilateralism can be worthwhile, but let us focus on the issue of the environment right now. Quebec is a leader in environmental issues, green energy and clean energy, but it is being penalized simply because it is located in Canada. The oil industry is still receiving federal funding, whereas Quebec is not getting anything for green energy, so there is a difference.

I want to say one last thing. Trade agreements are very important to peoples and to nations. I am talking about Bill C-18. The members of the Bloc Québécois have all spoken about it, but it always comes down to Quebec's independence. The economy is very much linked to independence and how it would benefit Quebec.

Canada—United Kingdom Trade Continuity Agreement Implementation ActGovernment Orders

January 29th, 2021 / 1:10 p.m.

Bloc

Andréanne Larouche Bloc Shefford, QC

Madam Speaker, I would like to hear my colleague briefly comment on what seems to be a recurring issue with the Liberals, namely a lack of transparency, as we saw with this agreement and also the WE scandal and vaccines.

I would like her to briefly comment on the Liberals' dangerous tendency of not being upfront with Canadians.

Canada—United Kingdom Trade Continuity Agreement Implementation ActGovernment Orders

January 29th, 2021 / 1:10 p.m.

Bloc

Marilène Gill Bloc Manicouagan, QC

Madam Speaker, I thank my colleague for Shefford for her question.

The lack of transparency is an affront to democracy, and this is what we see from the Liberals day after day, session after session here in Parliament. We have seen it in many different ways. I expect more from a government, and as an elected official, I want to defend our democracy. In a democracy, people need to be able to make informed decisions, especially when these decisions affect our constituents, Quebeckers.

Canada—United Kingdom Trade Continuity Agreement Implementation ActGovernment Orders

January 29th, 2021 / 1:10 p.m.

The Acting Speaker Christine Normandin

The member for Berthier—Maskinongé on a point of order.

Canada—United Kingdom Trade Continuity Agreement Implementation ActGovernment Orders

January 29th, 2021 / 1:10 p.m.

Bloc

Yves Perron Bloc Berthier—Maskinongé, QC

Madam Speaker, I would like to know how much time we have left today.

Canada—United Kingdom Trade Continuity Agreement Implementation ActGovernment Orders

January 29th, 2021 / 1:10 p.m.

The Acting Speaker Christine Normandin

To answer the hon. member for Berthier—Maskinongé's question, I am being told that we have 16 minutes remaining.

The hon. member for St. Albert—Edmonton.

Canada—United Kingdom Trade Continuity Agreement Implementation ActGovernment Orders

January 29th, 2021 / 1:10 p.m.

Conservative

Michael Cooper Conservative St. Albert—Edmonton, AB

Madam Speaker, it is a pleasure to speak to Bill C-18, an act to implement the Canada-United Kingdom Trade Continuity Agreement. I will say at the outset that I support the passage of this legislation so that the agreement can be studied at committee. I will also say, in unequivocal terms, that it is absolutely vital for Canada to achieve a permanent comprehensive trade agreement with the United Kingdom. It is vital for jobs. It is vital for trade stability, given the fact that the United Kingdom is Canada's fifth-largest trading partner and third-largest export market. It is vital given the special relationship that Canada enjoys with the United Kingdom.

Our countries share a common history and common values. Indeed, I can think of no more special of a relationship that Canada enjoys than that with the United Kingdom, other than perhaps that with the United States.

In light of that common history and common values, and the fact that trade between Canada and the United Kingdom is a big deal, with $29 billion of two-way merchandise trade in 2019 and opportunities to expand, five years after the Brexit referendum the government has failed to achieve a permanent comprehensive trade agreement with the United Kingdom. What we have instead is a transitory agreement that merely continues the terms of trade between Canada and the United Kingdom from CETA.

Let me be clear. CETA was a groundbreaking agreement, negotiated under the leadership of Prime Minister Harper by my colleague, the hon. member for Abbotsford, while he served as Minister of International Trade. On the whole, it has been a win for Canada regarding trade with the European Union broadly and in the context of trade with the United Kingdom. That being said, CETA was negotiated several years ago, and in that regard I would submit it constitutes the floor: We could do better, and we have not yet to date.

Why have we not done better? It seems that the basis for not doing better is the government's set of priorities. For much of the past five years, the government has been focused, when it comes to trade, on a trade deal with Communist China, an unreliable trading partner that does not share our values, instead of focusing on a trade agreement with countries like the United Kingdom that are reliable trading partners and share our values.

In March 2019, at the very first opportunity, Canada walked out of negotiations with the United Kingdom. The government then proceeded to sit on its hands, not just for weeks or months, but for more than a year. The government continued to sit on its hands even after the EU-U.K. withdrawal agreement took effect in January 2020. The withdrawal agreement set in motion the date upon which the European Union and the United Kingdom would sever their ties and, consequently, the United Kingdom would no longer be a party to CETA. That date was December 31, 2020.

Notwithstanding that, while other countries secured permanent trade agreements with the United Kingdom, the current government instead chose to let the clock tick: January, February, March, April, May, June, July, August, September, October, and achieved nothing. In November, we got this trade continuity agreement: a copy-and-paste of CETA, the floor for it, rather than something closer to the ceiling. The government then dithered yet again and failed to bring forward enabling legislation until two days before the House rose for Christmas. That made it virtually impossible to ratify the trade agreement by the December 31 deadline.

As a result of the government's mismanagement, Canada was put at the precipice in its trade relationship with the United Kingdom, with no trade agreement in place but a trade relationship that would be governed by WTO rules. It was a completely untenable situation that was only averted as a result of a memorandum of understanding the government entered into on December 22, nine days before the December 31 deadline. Talk about cutting it close. Talk about a lack of a plan. Talk about a lack of prioritizing Canada's important trading relationship with the United Kingdom and, more broadly, the very special relationship we enjoy with the United Kingdom.

As I say, maintaining the CETA terms does provide stability. It provides continuity for the exchange of goods and services between Canada and the United Kingdom, and that is a good thing. However, we could have done a lot better. We could have addressed a number of issues with CETA, including non-tariff barriers; opportunities to expand the export of agricultural products and goods, particularly beef and pork, where we have had significant challenges with the European Union; and opportunities to expand investment and to achieve greater regulatory alignment and to make closer the relationship between Canada and the United Kingdom.

It is true that this agreement does contemplate that within a year of its ratification, negotiations will commence toward a comprehensive trade agreement to be concluded within three years. However, there is no mechanism to require that to happen. There is no sunset clause to this agreement.

Consequently, what we have is a purportedly temporary agreement that might in fact be a permanent one. I hope it is not. I hope the government refocuses. I hope it prioritizes getting back to the negotiating table, something it largely failed to do over the last five years, and engages with the United Kingdom, as described by Prime Minister Boris Johnson, correctly, I believe, as an “open, generous, outward-looking, internationalist and free-trading” country.

Let us get back to the negotiating table to negotiate a permanent comprehensive trade deal that will be a win-win for Canada and the United Kingdom.

Canada—United Kingdom Trade Continuity Agreement Implementation ActGovernment Orders

January 29th, 2021 / 1:20 p.m.

Liberal

Mark Gerretsen Liberal Kingston and the Islands, ON

Mr. Speaker, from listening to my colleague's intervention today, although I recognize that he accepts that this interim agreement is important and acceptable for now, I do not see his appreciating why businesses might actually want that stability now.

Certainly business owners in my community who do a lot of exporting are going to want to know at this time what they can depend on, that there is continuity and that what they are used will continue. Right now in the middle of a pandemic is not the time, in my opinion, when businesses want to start worrying about how trade relationships, especially with a country like the U.K., might be affected.

Would the member like to comment on how he sees this from a business perspective in terms of that continuity?

Canada—United Kingdom Trade Continuity Agreement Implementation ActGovernment Orders

January 29th, 2021 / 1:25 p.m.

Conservative

Michael Cooper Conservative St. Albert—Edmonton, AB

Mr. Speaker, my colleague from Kingston and the Islands is right that continuity and certainty are important to Canadian businesses that do business in the United Kingdom. That is why it is unfortunate that we have this 11th hour agreement that left Canadian businesses in a precarious position, not knowing until the 11th hour that there would in fact be, at this point, an interim agreement, a carry-over agreement. As a result, business, labour, and many sectors across Canada and Parliament were not adequately consulted.

It has been a failed process and it is an unfortunate one. It could have been worse, but it certainly should have been better.

Canada—United Kingdom Trade Continuity Agreement Implementation ActGovernment Orders

January 29th, 2021 / 1:25 p.m.

Bloc

Yves Perron Bloc Berthier—Maskinongé, QC

Mr. Speaker, I thank my colleague for his speech.

Our colleague opposite spoke about the anxiety of businesses that are not considered essential. I would like my colleague from St. Albert—Edmonton to tell us about parliamentarians' anxiety when they have to work on international agreements without seeing the text, and the anxiety of supply-managed farmers who are always sacrificed at the last minute.

In conclusion, does he not think that we should pass Bill C-216 to avoid nasty surprises and prevent anxiety for our agricultural producers, who are the foundation of our economy?