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 was last introduced in 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. The Library of Parliament often publishes better independent summaries.

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.

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 / 12:35 p.m.
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Green

Elizabeth May Green Saanich—Gulf Islands, BC

Mr. Speaker, on the same point of order, I was paying attention as well, and while I appreciate the point that my hon. colleague from the Conservative Party just made, I want to correct the record in that the hon. member for Nanaimo—Ladysmith did not point out the presence or absence of anyone in the House. He merely said there was no opportunity to ask questions of the member who spoke right before question period. I just did not want—

Canada—United Kingdom Trade Continuity Agreement Implementation ActGovernment Orders

January 29th, 2021 / 12:35 p.m.
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Conservative

The Deputy Speaker Conservative Bruce Stanton

I do not want to get into a debate on this question. Let me say for the benefit of other hon. members that this opportunity is not always available. When an hon. member, the previous one being the member for Battle River—Crowfoot, is unable to do the five minutes of questions and comments because it is time for Statements by Members, and thereafter question period, sometimes members will have to go on and do other things.

When this occurs, the likelihood of there being a continuation of that five minutes for questions and comments is not always assured. Members should not be surprised if that occurs in the course of the sitting day, and I would ask hon. members for their patience in that regard. If the member is not available to take the time for remaining questions and comments, we move on to the next speaker on the list and carry on with the debate.

I thank hon. members for their patience.

Resuming debate. The hon. member for Berthier—Maskinongé.

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January 29th, 2021 / 12:40 p.m.
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Bloc

Yves Perron Bloc Berthier—Maskinongé, QC

Mr. Speaker, I am very pleased to rise in the House to speak to Bill C-18, an act to implement the agreement on trade continuity between Canada and the United Kingdom.

The Bloc Québécois has always been in favour of free trade, so it will come as no surprise that we are in favour of this bill to approve the agreement and make the necessary legislative changes for the transitional and coming into force provisions. It is important to realize from the outset that the purpose of the agreement is to keep trade flowing. Maintaining the flow of trade is of the utmost importance to our businesses, in Quebec in particular.

What does the agreement do? It keeps 98% of goods tariff-free and preserves access to government procurement, which may seem restrictive in some ways, but which gives us access to a market worth $118 billion annually. Agreements on services, investments, intellectual property, sustainable development, environmental protection and labour standards are all renewed. It is all good, and that is why we are in favour of the bill.

However, we have to anticipate greater competition in the U.K. because the reality has just changed. That country will be perfectly entitled to change its tariff rates on other trade partners, including those that are members of the World Trade Organization.

Nobody will be surprised to hear me say a few words about agriculture. Fortunately, this agreement does not increase access to our supply-managed sectors. Unfortunately, that is only for the time being. Let us be realistic. This is a transitional agreement while we await a permanent one.

Consider the side letter about cheese, which states that cheese originating in the United Kingdom shall continue to be imported into Canada under the tariff rate quota for the European Union until 2023. It will then be up to the U.K. to negotiate a new reserve and to talk to its trading partner, Canada and Quebec, about what it can export here. I do not want to be pessimistic, but I have a feeling the U.K. will ask us to let more cheese in. Our answer must be a hard no. We must and will be vigilant. Regardless of what happens with the United Kingdom's cheese exports, it is not up to producers in Quebec and Canada to pay for Great Britain's choice. That must be clear from the start.

We know that our farmers across the country, particularly in Quebec, have demands. Through its president, Daniel Gobeil, the Producteurs de lait du Québec is calling for “the federal government [to] continue to keep its promise to stop making concessions in the dairy sector in other trade negotiations, just as it did in the transitional agreement between Canada and the United Kingdom”, the agreement we are talking about today. Obviously, Mr. Gobeil is talking about the dairy industry, but other associations, such as those representing egg and poultry farmers, feel the same way. It would also be good to hear what processors have to say since they are always left out when it comes to compensation.

Let us be vigilant and protect key sectors of our economy, such as dairy production, in the case of Mr. Gobeil, which represents a significant portion of our GDP, or $6.2 billion to be exact. We can do that by passing Bill C‑216, which was introduced by the Bloc Québécois and seeks to exclude supply-managed sectors from future trade negotiations. Of course, we understand that some people are concerned that doing so could negatively impact a future agreement. However, every country has sectors that it needs to protect and, in our case, these sectors have already given enough, since the dairy sector alone has already given up 18% of its market.

This fight must continue. Once again, I invite all parliamentarians to support our bill. Even if theirs minds are made up, they can change them.

In response to my question about compensation and promises, my esteemed colleague from the Standing Committee on Agriculture and Agri-Food said earlier that we need to promote our agriculture. What a great idea. The next time we are negotiating a trade agreement, let us promote supply management rather than cutting it up into pieces and tossing it all over the place.

Let us teach others about this effective, amazing system that is working well for our farmers. Let us show others the way.

We have the right to assert ourselves. Once in a while, it is good to stand firm and stop giving in. I apologize to those who have already heard me say this, but I really like this sentence by Pierre Falardeau, who said, “If you lie down, they will stomp on you. If you remain standing and resist, they will hate you, but they will call you 'sir'.”

We have to protect our sectors from time to time. I therefore urge my colleagues to support Bill C-216. I was not planning on talking for so long, but I could not help myself.

As I said at the beginning of my speech, we support the agreement, but we denounce the lack of transparency.

Since the debate began, I have heard my colleagues repeat that it is not right that the text was unavailable. Remember, the Standing Committee on International Trade sat seven or eight times last fall without seeing the text. The meetings that took place over the summer also took place without the text. Committee members were not able to read the text until the day they were to submit their report.

I do not have the right to show my colleagues the document, but I would have liked to do so. It is not just a two-page letter. It is a very thick document written in small font. The situation is completely ridiculous. This government is always putting us in a position where urgent action needs to be taken at the last minute. It does not make sense.

Members need only think about what happened in the fall. We had to quickly vote on a Friday to extend the support measures that were expiring that Monday just because the government chose to shut down Parliament to cover up scandals.

I would like us to be able to do our job properly. The Bloc Québécois has not changed its views on that since October 2019. Of course, we come here to promote Quebec's independence, but we also come here to work in a constructive way and to make progress. We come here to work for our constituents, to keep the economy going. We cannot work if we do not know what is happening. Think about all of the improvements that we could make.

Even when we get commitments from the House, there is no follow-through. The Canada emergency student benefit is an example of that. We got a formal commitment from the House, but it took months for anything to actually happen.

The NDP secured an agreement for advance access to the CUSMA documents. This time, we did not get the documents. Transparency is very important. Not having access to the documents is preposterous, and so is getting them at the last minute. We need to think about revamping the system. I encourage my colleagues in government and the other parties to start thinking about that.

Let us come up with a process. We cannot keep acting in this bad movie where we are forced to vote for agreements with our backs to the wall and a knife at our throats without having read the documents, purportedly to prevent people from running out of grocery money. That is preposterous. The same thing happened with this agreement.

We also need to find a way for the provinces and Quebec to participate. My colleague, who is a member of the Standing Committee on International Trade, suggested to the committee that Quebec be invited to participate in the negotiations. His suggestion was turned down. In fact, it was turned down by many of the members, including the Conservatives. They have been sucking up to Quebec in recent weeks, claiming that they will give us everything we want. Apparently that is not really true.

In closing, I want to say that what I like about Brexit is the independence aspect. This is a clear, powerful example of a state reclaiming its trade bargaining powers overnight. The fearmongering federalists want us to believe that this would be a horror show, but the Brits signed agreements with 60 of the 70 countries with which they had relationships before leaving the European Union.

Since Canada always waits until the last minute, it is not one of the countries with which the Brits signed agreements. We are doing so now, but I want to point out that today is January 29 and we have continued to trade since Brexit came into force on January 1.

The evidence is clear, and it speaks for itself. It was not a disaster. There are, of course, some adjustments to be made, but it was not a disaster.

Canada ranks fifth in terms of trade with the United States. I might disappoint some people by saying that the United States will not stop trading with us if we become independent. Furthermore, we will be able to sign agreements and protect our key sectors.

Canada—United Kingdom Trade Continuity Agreement Implementation ActGovernment Orders

January 29th, 2021 / 12:50 p.m.
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Outremont Québec

Liberal

Rachel Bendayan LiberalParliamentary Secretary to the Minister of Small Business

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

Let me first clarify something. I want to make sure my colleague understands that the study we did in committee was a pre-study on the possibility of signing a transitional agreement with the United Kingdom, and that we are awaiting the passage of Bill C-18 at second reading before we begin our study of the legislation and the text of the agreement.

Did we stand up for our dairy farmers? Personally, I think we did. I also think that members from Quebec should take a moment to celebrate the fact that we kept our word and protected the dairy farmers of Quebec and Canada.

When Mr. Gobeil appeared before the Standing Committee on International Trade, he thanked the Prime Minister and the minister for keeping their promise and protecting our agricultural sector.

Would my colleague agree that we have done that?

Canada—United Kingdom Trade Continuity Agreement Implementation ActGovernment Orders

January 29th, 2021 / 12:50 p.m.
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Bloc

Yves Perron Bloc Berthier—Maskinongé, QC

Mr. Speaker, I thank my colleague for her very interesting question.

She used the words “preliminary study” and “possibility”. That is ridiculous. As elected members, we manage the country. We need to have access to the documents. Need I say more?

The last time, the government managed to salvage something from the wreckage, which is fine, but they should not be surprised if the smell of smoke lingers. It is true that Mr. Gobeil thanked the government for what it managed to salvage—which we will need to clean to get the smoke smell out—but he is also asking us to support Bill C‑216.

Canada—United Kingdom Trade Continuity Agreement Implementation ActGovernment Orders

January 29th, 2021 / 12:50 p.m.
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NDP

Laurel Collins NDP Victoria, BC

Mr. Speaker, I would like to hear the member's thoughts on investor-state provisions.

We were supposed to see provisions that would improve transparency, but foreign companies will still have access to a special court system to challenge Canadian laws without going through domestic courts. Canada is already one of the most sued countries in the world under ISDS. These existing ISDS measures have also contributed to a regulatory chill, where governments fail to take actions in the public interest that they fear might trigger an investor claim.

Does the member agree that it is irresponsible for the government to not adequately protect Canadians from this kind of regime?

Canada—United Kingdom Trade Continuity Agreement Implementation ActGovernment Orders

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

Yves Perron Bloc Berthier—Maskinongé, QC

Mr. Speaker, I thank my colleague from Victoria for the great question.

I will be brief, the answer to her question is yes. Yes, we must protect ourselves from that.

The good news with respect to the U.K. agreement is that the dispute resolution process, which could give rise to such claims, will not come into effect for three years. We have the opportunity to negotiate. I have a message for the Liberal government: Negotiations must not be undertaken at the last minute.

The government introduced the bill two days before the end of the session, or just before the holidays. That is a joke. It must give us time.

I agree with the member for Victoria. We need to curb this tendency and protect state sovereignty, because we also need to protect people's sovereignty.

Canada—United Kingdom Trade Continuity Agreement Implementation ActGovernment Orders

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

Elizabeth May Green Saanich—Gulf Islands, BC

Madam Speaker, you are doing an excellent job.

I have a question for my colleague from the Bloc Québécois. The Green Party is against agreements that include investor-state dispute settlement mechanisms. I think it is terrible to have treaties that protect the rights of major foreign corporations and not the Canadian economy.

What is the Bloc Québécois's position on investor-state dispute settlement mechanisms?

Canada—United Kingdom Trade Continuity Agreement Implementation ActGovernment Orders

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

The Acting Speaker Bloc Christine Normandin

The hon. member for Berthier—Maskinongé.

Canada—United Kingdom Trade Continuity Agreement Implementation ActGovernment Orders

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

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

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

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