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 28th, 2021 / 12:40 p.m.

Liberal

James Maloney Liberal Etobicoke—Lakeshore, ON

Madam Speaker, I always find this member's comments on issues like this to be particularly insightful, and today was no exception.

We have heard from a number of people in the chamber with comments suggesting that this deal was rushed, perhaps too much so. First, I would like the member's comments on that suggestion. Second, I would like him to tell us why it was so important to get this deal done quickly.

Canada-United Kingdom Trade Continuity Agreement Implementation ActGovernment Orders

January 28th, 2021 / 12:40 p.m.

Liberal

Francesco Sorbara Liberal Vaughan—Woodbridge, ON

Madam Speaker, first, we needed to have a goal where the trade continuity agreement provided predictability and stability for Canadian workers and businesses, and we did that.

Second, the CETA process was a very long process. This deal replicates the CETA agreement, which was done over a very long time, so it was very applicable to the U.K., which was a member of the European Union for a very long period of time. Therefore, we could put that in place—

Canada-United Kingdom Trade Continuity Agreement Implementation ActGovernment Orders

January 28th, 2021 / 12:45 p.m.

The Assistant Deputy Speaker (Mrs. Alexandra Mendès) Alexandra Mendes

Resuming debate, the hon. member for Edmonton Manning.

Canada-United Kingdom Trade Continuity Agreement Implementation ActGovernment Orders

January 28th, 2021 / 12:45 p.m.

Conservative

Ziad Aboultaif Conservative Edmonton Manning, AB

Madam Speaker, I will be splitting my time with the hon. member for Langley—Aldergrove.

Just before Christmas, we finally saw the text of the Canada-U.K. transitional trade agreement. This deal has the goal of implementing a copy and paste of CETA until a comprehensive agreement can be implemented. This is happening as the government said it needs more time to negotiate a full deal that reflects on Canada and on the United Kingdom.

My question is this. Why did we not aim for a comprehensive agreement from the get-go? It is a question we always ask ourselves. Japan, for example, already has a full deal with the United Kingdom, and had the same amount of time to accomplish this as our negotiators. Just like USMCA, this is another last-minute attempt by the government to save face after insulting one of our oldest and closest allies with some “bandwidth” talk. We need long-term goals and targets for the sake of business continuity and stability.

Stakeholders are thankful for the current arrangement of a transitional agreement, but also signal the concern this deal may turn into a permanent one that will not reflect economic realities. Throughout the international trade committee’s study of this deal, many stakeholders had serious concerns on the status of consultations or that it would be done at the very last minute.

While at committee, the hon. minister could not even say how many pages were in the final document. I personally asked that question and the minister was unable to tell us how many pages the agreement was. That is of course a concern coming from the top negotiator on behalf of Canada and the government.

That was also after much fanfare from an announcement through Zoom that the deal was finished. We need to get this right. In the age of pandemic disruption, we need our small businesses to be able to survive through the storm for which a predictable market is the only lighthouse left.

To make matters worse, the Liberals kept being dead set on the deal being implemented by December 31, which means being passed through the House by the deadline. Here we are on January 26, 27 and 28 and the deal is not in the House of Commons. The deal is not implemented. At committee, we were told that it would be passed and that mitigation measures could be in place. Once again, here we are on January 28 and there are no details from the government on this last-minute trade deal.

It almost seems like Liberals cannot multi-task and get more than one thing done at a time. We just need to look at the vaccine rollout, for example, on that front. After popping out the confetti on hoarding the most vaccine orders, we are now drastically falling behind. Provincial health care systems are now scraping the bottom of the freezer for more vaccines. Second doses are being cancelled for nurses and seniors. All this after Canadians were told we were ahead of the game.

On the other side, how can businesses feel safe with their investments in trade when the government over-promises and under-delivers? Could there be more scenarios as examples of the government’s failures on trade? We can just look south of the border with Buy American. Ever since the Liberal government came into office, it has been crisis after crisis on securing exports to our neighbour and closest ally. It always hits the snooze button on trade until it is too late for a reasonable outcome. Whether a Democrat or a Republican is in office, the Prime Minister cannot even secure assurances for our industries.

For example, where is Keystone now? The Prime Minister simply said that he was disappointed and walked away from my constituents, from Albertans and from western Canada. This is not acceptable. Now the government is asking us to trust it on a last-minute trade deal.

When will the Prime Minister stop defending the government’s incompetence and reset its trade policy? It is either simply not working or the wrong people are in charge and delays are causing us to overlook key issues that stakeholders have been voicing concerns about even before negotiations began. It is time to stop these last-minute trade deals and get stability for Canada’s businesses. We all need stability as we recover from the pandemic.

At this time, after seeing this agreement, or not seeing the agreement and the absence of information, we must ask the government and ourselves as parliamentarians the following: How can we continue debating the implementation of this trade agreement and how can we respond to stakeholders and Canadians?

First, how much will delaying this implementation cost the federal treasury in mitigation measures? We are still looking for that number. We hope that by the end of this debate we will be able to get to the bottom of it. It is very important to know what the cost will be in mitigation measures. That question was put to the minister directly at committee and in the House of Commons.

Second, how much would the global tariffs enacted by the U.K. government cost Canadian businesses as we continue to give this legislation a full review? As we know, time costs money. Until we get to those numbers and the full ratification of the agreement, we will still be paying money from the treasury, taxpayer money, to bridge those gaps. That is the wrong way to do it.

Third, what is the overall value in economic disruption after December 31, the deadline? It is a logical and reasonable question. Again, any interruption in trade due to the lack of availability of a trade agreement will cause disruption and that disruption, again, costs money.

Fourth, what will be the effects of a transitional agreement on our economy and trade with the United Kingdom? Does the government already feel there are any shortcomings from the CETA that need to be addressed? We all understand that this agreement was cut and pasted from the CETA, but there are certain specifics regarding a certain market within Europe. The United Kingdom is one of those specific markets, which we may imagine could be the full cut and paste. Again, we need that clarity.

Fifth, can the government still pass the ratification in time before the end of the memorandum of understanding with full parliamentary scrutiny?

Sixth, had the government and hon. minister paid more attention and initiative, we could have probably had an agreement that included a comprehensive trade deal and avoided the mess we are going through.

I strongly believe we need to give this bill full scrutiny, especially given the nature in which it was prepared at the very last minute. This is in the interest of Canadians.

I wish we had a full agreement in front of us today, but, nevertheless, I look forward to seeing the bill in the House and at committee.

Canada-United Kingdom Trade Continuity Agreement Implementation ActGovernment Orders

January 28th, 2021 / 12:50 p.m.

Liberal

Mark Gerretsen Liberal Kingston and the Islands, ON

Madam Speaker, it is amusing to watch the opposition dance around this all day long. Earlier we heard members from the Conservative Party talk about how little time they had to review this, to get into the details of this. Now suddenly the member is talking about why it is taking so long to get us to this point and we should have done this earlier.

The reality of the situation is that they are dancing around this because they support it. They are going to vote for it, but they are just looking for any possible fault they can potentially drum up in order to make the government look bad. This is a good deal for Canada, it is a good deal for all provinces, it is a good deal for our economy and it is a good thing to help us get out of the economic circumstance this pandemic has created.

Will the member not recognize and realize that this is very important for the economic success and growth of Canada moving forward?

Canada-United Kingdom Trade Continuity Agreement Implementation ActGovernment Orders

January 28th, 2021 / 12:55 p.m.

Conservative

Ziad Aboultaif Conservative Edmonton Manning, AB

Madam Speaker, the member mentioned dancing. If anyone is dancing, endless dancing, it is the government. This is not the first time the government is dancing around without coming up with a better deal.

We always have to aim for perfection. We have to aim for better. If we try to say that we are not going to aim for that perfection or for getting a better deal, then we are not doing our job. If the government is complaining about the opposition, it is because it wants us to not do our job, and that is wrong. We must ask for a better agreement, we must aim for a better agreement and we must emphasize to the government that it needs to get its act together to get a better deal for Canadian industries.

We are the international trade party in the House of Commons. Throughout history, we always aimed for better deals. If we are to ask for a better deal—

Canada-United Kingdom Trade Continuity Agreement Implementation ActGovernment Orders

January 28th, 2021 / 12:55 p.m.

The Assistant Deputy Speaker (Mrs. Alexandra Mendès) Alexandra Mendes

The hon. member for Repentigny.

Canada-United Kingdom Trade Continuity Agreement Implementation ActGovernment Orders

January 28th, 2021 / 12:55 p.m.

Bloc

Monique Pauzé Bloc Repentigny, QC

Madam Speaker, I thank my colleague from Edmonton Manning for his speech.

He noted that members did not know how many pages were in the agreement and that some details are still missing today, January 28. I see that transparency is important to him. The Bloc Québécois thinks that not only members, but also representatives from Quebec and the provinces should also be involved.

Can my colleague explain why the motion moved by my colleague from Saint-Hyacinthe—Bagot, calling for consultation with the provinces, was defeated at the Standing Committee on International Trade?

Canada-United Kingdom Trade Continuity Agreement Implementation ActGovernment Orders

January 28th, 2021 / 12:55 p.m.

Conservative

Ziad Aboultaif Conservative Edmonton Manning, AB

Madam Speaker, that is a very good question. We talked about that. I personally asked the minister how many pages were in the agreement. It is a simple question that anyone would ask at the beginning, but she was not able to answer it.

Throughout the committee hearings and in the House of Commons, we were faced with these uncertainties, with no direct answers. Usually in the House of Commons, we probably do not get them, but at least at committee we should have been able to get those answers and some clarity so we could transfer it to those in the industry. They are looking for stability in order to put plans in place and commit to trade throughout. However, those factors were not there, unfortunately.

We cannot afford that. The government should change course in order to be more transparent and commit to tell the truth about what is happening, especially when there is a negotiation such as this.

Canada-United Kingdom Trade Continuity Agreement Implementation ActGovernment Orders

January 28th, 2021 / 12:55 p.m.

NDP

Heather McPherson NDP Edmonton Strathcona, AB

Madam Speaker, the intervention of my neighbour from Edmonton was very interesting.

Knowing that we are in a global health pandemic, and that is the overarching theme with which we find ourselves, I wonder if the member could speak a little about any concerns he may have that this agreement, like the one before it, would put upward pressure on the price of pharmaceutical drugs for Canadians.

The NDP has been pushing for national pharmacare for a very long time, but knowing that this is the context we are getting this information, how does the member feel about the cost of pharmaceuticals for Canadians?

Canada-United Kingdom Trade Continuity Agreement Implementation ActGovernment Orders

January 28th, 2021 / 1 p.m.

Conservative

Ziad Aboultaif Conservative Edmonton Manning, AB

Madam Speaker, as much as I would like to answer the question from my colleague and neighbour for Edmonton Strathcona, we still do not have the text in front of us. In order to answer that question, we at least need that text. This brings us back to what we were asking for, which is to have transparency and clarity in front of us so parliamentarians are able to examine what went into the document and are at least able to access—

Canada-United Kingdom Trade Continuity Agreement Implementation ActGovernment Orders

January 28th, 2021 / 1 p.m.

The Assistant Deputy Speaker (Mrs. Alexandra Mendès) Alexandra Mendes

Resuming debate, the hon. member for Langley—Aldergrove.

Canada-United Kingdom Trade Continuity Agreement Implementation ActGovernment Orders

January 28th, 2021 / 1 p.m.

Conservative

Tako Van Popta Conservative Langley—Aldergrove, BC

Madam Speaker, today we have a rare opportunity in this parliamentary session to advance freer trade between age-old friends, two democratic nations, two advanced societies, that share so much history, culture, legal and parliamentary structures, and also language.

Some years ago, President Kennedy said this with respect to another great friendship, the one between Canada and the U.S.:

Geography has made us neighbours. History has made us friends. Economics has made us partners. And necessity has made us allies. Those whom nature hath so joined together, let no man put asunder.

That is a great quote from a great president about the relationship between the two greatest free trading partners the modern world has known.

However, today we are talking about Canada's trade with the U.K., another nation with whom we have a shared history, economic partnership and an alliance borne of necessity. Until recently, we also had a free trade agreement with the United Kingdom, not directly, but through their partnership in the European Union. I might add that free trade agreement was brought about by a vision of Canada's previous Conservative government. I am proud to be associated with a vision that brought Canada into a position of being an equal partner with the great trading nations of the European continent, nations with whom we share values, history and institutions.

Compare that with a much more complicated trading relationship we have with the Communist Party in China. Our government would be much further ahead if we remembered these three rules for doing business in that country, as cited by an academic: one, never impose our own values; two, never interpret acknowledgement during a meeting as agreement; and, three, never assume the people we are meeting with have the authority to do the deal.

I am happy to say that in dealing with the United Kingdom, there is no such ambiguity. First, there is no incongruity in values between our two nations. Both countries value fundamental human rights and the rule of law. Second, our negotiating styles and contract-formation rules are similar, having their roots in the centuries-old English common-law tradition. Third, in English contract law, a person's word is his or her bond. Of course, any commercial lawyer would advise those involved to get it in writing, but at least during the negotiations if they feel like they are making progress they probably are.

I like doing business with people who understand the common law and the rules about contract formation. We need to do more trading with people like that. We want to trade more with countries that understand and respect our values, values that are intuitive among western nations. I am talking about the protection of intellectual property rights, physical and economic protections for workers, protection of children against forced labour, protection of the environment and protection against discrimination of all sorts. These values are as fundamental to the U.K. as they are to Canada. These are exactly the people with whom we should be doing business. Let us get on with it.

What is taking us so long? There has been a lot of debate about that. The government has known about Brexit for a long time. The only surprise is that we did not have a deal before the end of December last year. It is not as if we needed to start at square one; we already had the Comprehensive Economic Trade Agreement, CETA, with the U.K. by virtue of its being a member of the European Union trading bloc. The template was already there in the form of that international agreement. We just needed to make some tweaks and to make it U.K.-specific, making it bilateral instead of multilateral. That is what is happening, but later than it should have and could have been done. However, trade, commerce and standing up for small business has never been the current government's strong suit.

Canada is a trading nation. There is no stronger champion in Canada of free trade than the Conservative Party. We have always known that lower tariffs lead to healthier competition among businesses and nations, and ultimately lead to better products and services to consumers at lower costs. What is good for consumers must be good for the nation.

World trade has increased by an average of 7% annually since the end of the Second World War, bringing much prosperity to the world, and Canada needs to be part of that economic growth and prosperity.

I am going to take the principle of free trade a step further. If free trade brings wealth to trading nations, then surely it must also bring wealth to trading provinces within a nation. We preach free trade, but we do not always practise it. There is too much senseless, myopic and harmful protectionism going on inside Canada, and the federal government has a central role to play in bringing the parties together. There was a free trade agreement of sorts initiated by the former Conservative government that did not go far enough and, unfortunately, very little progress has been made during the now five intervening years.

Eliminating interprovincial trade barriers will improve Canada's competitiveness internationally, putting us on a better footing to deal with the United States and countries like the U.K. and the European nations. It will boost our economy internally by tens of billions of dollars. The government was late to the show on free trade agreement negotiations with the United Kingdom. Will it now pick up the challenge of facilitating a broader free trade agreement among the provinces?

When I was first elected to Parliament in the fall of 2019 and came to Ottawa to check things out, I was surprised that people living in Ottawa have the distinct disadvantage of not being able to purchase Okanagan Valley wine in their LCBO stores. That needs to be corrected. British Columbians are a caring and sharing people and want all Canadians to experience great wine. Bring on free trade.

Canada-United Kingdom Trade Continuity Agreement Implementation ActGovernment Orders

January 28th, 2021 / 1:05 p.m.

Conservative

Tracy Gray Conservative Kelowna—Lake Country, BC

Madam Speaker, the hon. member spoke about time lines. We know that the government had removed itself from the negotiations earlier last year and then restarted them later in the year, which led to delays. Could the member speak to how that has affected where we are at right now in needing this memorandum of understanding for three months so that we do not have tariffs charged to our Canadian businesses?

Canada-United Kingdom Trade Continuity Agreement Implementation ActGovernment Orders

January 28th, 2021 / 1:05 p.m.

Conservative

Tako Van Popta Conservative Langley—Aldergrove, BC

Madam Speaker, as I said in my intervention, free trade has never been the government's strong suit. Liberals knew about Brexit just like the rest of the world knew about Brexit. These negotiations could have started much earlier, but that does not seem to have been the government's emphasis. Indeed, by the end of December, the U.K. had negotiated its Brexit deal with the European Union. Why could we not have negotiated a free trade agreement with the United Kingdom by then? Both sides knew that it has to happen. It is pushing against an open door, yet the delays are hurting Canada. There is uncertainty in the marketplace, and certainly among countries that trade with the United Kingdom. This is something that should have been done a long time ago to bring more certainty into the marketplace, which is so important for a trading nation like Canada to survive.