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

October 28th, 2022 / 2:05 p.m.
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Mike Fisher Board Member, The Friends of Ojibway Prairie

A joint written brief has been submitted on behalf of The Friends of Ojibway Prairie, Essex County Field Naturalists’ Club, Wildlife Preservation Canada and the Citizens Environment Alliance. The submission also has the support of the Public Advisory Council of the Detroit River Canadian Cleanup locally, as well as Ontario Nature provincially.

The purpose of our submission was to provide four key areas of comment that we feel are essential to the creation of an Ojibway national urban park. These four key areas are legislation that makes ecological integrity the top priority; maximizing park boundaries for increased ecological preservation and habitat; meaningful consultation and partnerships with indigenous communities; and robust community consultation.

While we won't be able to fully cover all of these areas in these introductory statements, we welcome you to review our written brief for any questions you may have.

We would like to touch on the importance of strong legislation that prioritizes ecological integrity to establish Ojibway national urban park. In reviewing the legislation and discussion of Bill C-40 and Bill C‑18 relating to the Rouge National Urban Park, we noted significant debate over the high standard set by the Canada National Parks Act for maintaining ecological integrity as the first priority for all aspects of park management. This led to amendments being required and a delay of the transfer of provincial lands to the federal government.

While urban settings can present unique challenges, we would suggest that this is precisely why it is crucial to have strong legislation that makes the first priority of ecological integrity clear. Our community is eager to have such legislation, as evidenced by the City of Windsor expressing its full support that an Ojibway national urban park be created by the Canada National Parks Act.

We thank the committee for the opportunity to appear and will gladly take any questions at the appropriate time.

International TradeCommittees of the HouseRoutine Proceedings

May 13th, 2021 / 10:05 a.m.
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Conservative

Tracy Gray Conservative Kelowna—Lake Country, BC

Mr. Speaker, I will be responding to the Canada-U.K. report.

I would like to express my appreciation to the analysts, the clerk and my colleagues on the Standing Committee of International Trade for their work in preparing this final report on trade between Canada and the United Kingdom, and I want to thank them.

Attached to the report is the supplementary opinion of the official opposition Conservatives. In this report, we highlight that we are pleased to see the Canada-United Kingdom Trade Continuity Agreement come into effect on April 1, 2021, though we are disappointed that the government was not able to meet the initial deadline of December 31, 2020, when the CETA's application to the United Kingdom ended. It is truly unfortunate that the government left this critical trade agreement to the final sitting week of the final month of the final year the CETA's term no longer applied to the U.K., having to sign an interim memorandum of understanding to provide trade stability due to this delay.

The Conservative Party of Canada is pleased to see recommendations in the report on negotiations for a successor Canada-U.K. trade agreement, which we hope to see begin negotiations this year, including to address gaps raised by small businesses and those in the agriculture and agri-food sectors. Conservatives support the recommendations in the report and we look forward to the government's response.

Conservatives also recognize that we were in a unique situation where we did this Canada-U.K. trade study and we also had a separate study on Bill C-18,, the Canada-United Kingdom Trade Continuity Agreement Implementation Act, where we also heard from witnesses whose testimony is regrettably not included in this report. We, in the Conservative caucus, do hope that the government takes the time to review the input from stakeholders from the Bill C-18 study, including concerns around non-tariff barriers, as well as non-indexation of frozen British pensions.

Economic Statement Implementation Act, 2020Government Orders

April 14th, 2021 / 4:25 p.m.
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Conservative

Tracy Gray Conservative Kelowna—Lake Country, BC

Madam Speaker, it is a pleasure to speak to Bill C-14. I think it is important to note the curious situation we find ourselves in today. Here we are, with the government putting this legislation on its agenda this week, debating the fall economic statement in the middle of April. In yet another example of Liberal mismanagement of important files, we are here debating legislation introduced last year, comprising a whole host of financial measures.

There are some good parts of this legislation, but there are measures that could have been implemented last year to help people. Now, it seems odd debating this when we have a budget set to be released in just five days. Similarly to how the Liberals have no plan for Canada's economic recovery, they had no plan to get Bill C-18, the Canada-U.K. trade continuity agreement, ratified within deadlines, and they also seem to have no plan for Canada's finances.

After years of pre-pandemic deficits since forming government in 2015, with little to show for it, now the federal debt will be well over $1 trillion, and the Liberals are asking for substantive additional borrowing capacity in this bill, Bill C-14. The staggering asked increase of an additional $700 billion would put our federal debt just a stone's throw away from the $2-trillion mark. It took our country over 150 years to reach a trillion-dollar debt, yet the Liberals seemingly want to take us to nearly $2 trillion in the blink of an eye.

Conservatives have supported programs to help Canadian businesses and not-for-profits that have been struggling under the current government's failure to procure PPE early in the pandemic, sustain jobs, procure vaccines, ramp up domestic vaccine production and put data-driven plans together for rapid testing and at-home testing, all activities many other developed countries did.

Why is the government tabling a bill that has some good measures in it to help many people, and then tagging on raising Canada's maximum borrowing limit by $700 billion, a 56.8% increase? There is no reason, other than to play politics rather than getting real help to real people in a timely manner. The Liberals have not explained why they need to increase the total federal debt to $1.83 trillion. Companies do not operate this way; not-for-profits do not operate this way; households do not operate this way. Why does the federal government feel it can operate this way?

Pre-pandemic, the government had years of needless borrowing and debt the Conservatives had warned against, debt that led to a credit rating cut. Constituents I am hearing from in Kelowna—Lake Country are rightly worried about the challenges we are facing today under the COVID-19 pandemic. They are also terrified about the future we are leaving our children and grandchildren.

At every step of the way, the government has burdened our economy with taxes, investment-stifling regulations and red tape. It has refused to halt tax increases during the pandemic, including from escalator or automatic tax increases. To truly prosper, we must unlock the power of Canadian industry; remove barriers to innovation; remove interprovincial trade barriers; do everything we can to expand exports of agriculture, innovative technologies and manufacturing; and bring our resources to market around the world. This legislation would do none of that.

In November 2020, we learned that the federal deficit for that year alone was going to exceed $380 billion. We already have over $1 trillion in federal debt, and this legislation would allow the government to borrow up to $1.78 trillion. The reality is that under the Liberal government our country has been on the decline. We have had the highest unemployment in the G7. We have had indicators pointing to a debt crisis, dismal vaccine per capita numbers and investment leaving the country. Women have been especially impacted, with over 100,000 women leaving the workforce since the onset of the pandemic.

It is one thing to fund pandemic response programs, and we are willing to do what it takes to support Canadians during this time of crisis. It is another thing entirely for us to be willing to support unchecked borrowing for unspecified initiatives.

The past two weeks have been constituency weeks, and I spent time focused on connecting with residents and local organizations in Kelowna—Lake Country. I hosted three community outreach virtual round table meetings with a focus on three areas: small business, tourism and housing.

My official opposition colleagues who are the shadow ministers for those files joined me to hear from locals on each of those very important topics. I would like to thank the member for Calgary Rocky Ridge, the member for Niagara Falls and the member for Mission—Matsqui—Fraser Canyon.

Groups in attendance included Tourism Kelowna, Kelowna Hotel Motel Association, Association of Canadian Independent Travel Advisors, BC Restaurant and Food Services Association, Thompson Okanagan Tourism Association, Festivals Kelowna, Big White Ski Resort, BC Hotel Association, Downtown Kelowna Association, Community Futures Central Okanagan, Lake Country Chamber of Commerce, Central Okanagan Economic Development Commission, Uptown Rutland Business Association, Kelowna Chamber of Commerce, Association of Interior Realtors, UDI Okanagan, Western Canadian Shippers' Coalition, Canadian Home Builders' Association Central Okanagan, and Journey Home Society.

We received a substantive amount of insights, information and suggestions from what collectively represents well over 5,000 businesses of all sizes and from almost all sectors in Kelowna—Lake Country. There was a lot of consensus on the most important pressing issues that need to be addressed, and many solid recommendations.

Another issue I am hearing about from businesses is that they are advertising for jobs and no one is answering their ads. I was speaking to a construction company owner in Kelowna—Lake Country last week, who is advertising to pay considerably higher than what is the usual wage for the job. People are calling him and saying they will only come to work if they are paid under the table so that they can continue to collect the CRB. If not, they will just relax for a little while yet. He said these people know they will make more working, but they are prepared to stay on the programs as long as possible. How does that help the economy? How does that help that business owner, and how does it help those individuals, ultimately?

I spoke with another business owner, who laid off 30 employees last year, and as the economy reopens he does not feel these employees will be coming back. This is not just about creating jobs. At great effort and expense, he will likely now have to recruit, hire and train all new people. This is their reality.

In my riding of Kelowna—Lake Country, our airport, YLW, is municipally owned, so not only does it feel the effects of the travel reductions, but it was also unable to obtain some of the government support provided to non-municipally owned airports.

Entertainment venues are also under threat. In my community, beloved institutions like the Kelowna Actors Studio and all those who work in the performing arts are in serious jeopardy. The many local arts and cultural organizations have been shuttered for a year. Doing virtual fundraising and a few virtual performances is not sustainable. Musicians have been hit particularly hard. I was speaking to a resident this weekend who told me that two professional musicians he knows in Kelowna—Lake Country are losing their homes right now. Businesses and not-for-profits are looking for a plan for recovery, not a plan to remain shut indefinitely.

The Conservatives put forth a motion asking the government to put forth a plan to safely and gradually reopen our economy when the time to safely do so is right, and the Liberals voted it down. The bill we are debating today, Bill C-14, fails to do so as well. It is only through ensuring that we are fully utilizing all the tools available widely to test and vaccinate those who wish it, as well as putting forth a solid recovery plan where people in all sectors and in all parts of the economy and the country are ready to go back to work, that we will have a meaningful recovery plan.

If there is one thing that we have learned so far from the Liberals, it is that it is entirely possible to spend billions of dollars and still leave millions of Canadians behind. Conservatives are working tirelessly to promote a recovery that benefits all Canadians, a recovery that provides jobs and growth in every sector of our economy, in every part of the country, to secure jobs, secure vaccines and PPE, secure our economy, secure mental health and get us back to a road to recovery.

Employment Insurance ActGovernment Orders

March 11th, 2021 / 11:40 a.m.
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Conservative

Garnett Genuis Conservative Sherwood Park—Fort Saskatchewan, AB

Madam Speaker, I was very precise in saying that Conservatives had been prepared to work with the government on issues such as Bill C-18 and Bill C-24.

The member raises the issue of the government's desire to expedite legislation that would effectively undermine suicide prevention in this country. The government's new position on Bill C-7, which has been barely debated in the House and never studied in a House of Commons committee, would allow those whose primary health complaint is mental health related, who are dealing with depression or other mental health challenges, to be given suicide facilitation by the government.

That is a deadly serious issue. It is dead wrong, and it is strongly opposed by mental health advocates and disability rights organizations. I know that the member and many other members are receiving phone calls from constituents who have been blindsided by this rush to have state-facilitated suicide for the mentally ill. We will oppose that. That is dead wrong and—

Employment Insurance ActGovernment Orders

March 11th, 2021 / 11:30 a.m.
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Conservative

Garnett Genuis Conservative Sherwood Park—Fort Saskatchewan, AB

Madam Speaker, I will be sharing my time with my excellent and hard-working colleague from Calgary Midnapore.

Today, we are debating Bill C-24. I have a couple of quick observations about the context of this debate. This is another example where we can clearly see the willingness of the Conservatives to work constructively on areas where we share a perspective on the need to move forward with the government on a particular bill. We saw this earlier this week: As a result of a Conservative motion, we were able to debate quickly and pass Bill C-18. Today, we have worked with the government to create a framework to move forward on Bill C-24.

In the case of both of these bills, there is a relevant deadline the government has ignored up until this point. The leadership of our party has pushed the government to move forward with things that are supposed to be its legislative priorities but have clearly not been. We see how the Prime Minister has been trying to spin a narrative that Parliament is not working, as a way to justify his plans for an election in the middle of a pandemic.

There is no doubt that the Conservatives do not support some aspects of the government's legislative agenda, and some require further study and debate. However, in this Parliament in particular, the 43rd Parliament, the Conservatives have worked constructively to quickly advance legislation when there is a shared sense of essential urgency on matters.

Bill C-24, like Bill C-18 and other legislative measures we have seen in this Parliament, is in the category of measures that we are supporting and have worked with the government to move forward. I hope the government, members of the media and the public will take note of the instances of co-operation that have taken place, often led by the Conservatives, and will point out the flaws in the narrative the Prime Minister is trying to spin to justify his pandemic election plans.

Bill C-24 is an important bill that expands benefit programs in the context of the pandemic, and the Conservatives are supportive of it. At the same time, we have highlighted the need for the government to have a broader vision of where our country is going economically in the midst of the pandemic and what we hope will soon be the economic recovery coming out of it.

While other parties are talking only about spending and the benefits, the Conservatives recognize the need to have strong economic growth as the basis for providing strong benefits. We have legitimately pointed out the issues around the significant debt and deficit we are accruing during this period of time. Other parties in the House want to present a false choice: either we support benefit programs and have dramatic growth in our debt and deficit or we do not have the debt and deficit and leave people out in the cold. We view that as a false choice. We believe it is very possible and indeed important to support a strong social safety net, but that exists on the foundation of a strong economy. If we support the development of a strong economy, with a vision for jobs, growth, opportunity and investment in this country that gives people the opportunity to work, then we also increase our capacity to provide people with support when they find themselves in situations where they are not able to work.

Our vision for an economy of the future is one that involves a strong economy, a strong community and a strong social safety net. We believe those elements need to exist in tandem. A strong economy means repealing some measures the Liberals have put in place, like Bill C-48 and Bill C-69, which impede the development of our natural resource sector. It means working to strengthen our manufacturing sector. It means taking note of some problems, like the slave labour around the world that is producing cheap products that come into the Canadian marketplace. That is obviously terrible from a human rights and justice perspective, but it also impacts Canadian workers. It is an economic issue and a justice issue when human rights violations are linked to unfair trading practices.

We need to stand up for Canada's manufacturing sectors that may be impacted by those kinds of practices. We need to support the development of our natural resource sectors. We need to expand access to markets, especially in like-minded countries. That is why the Conservatives support working to expand trade and partnerships around the world with like-minded partners in the Asia-Pacific region. We are also looking to expand our economic engagement with Africa, building on some of the trade agreements we have signed previously, such as the Trans-Pacific Partnership and the Canada-EU free trade deal negotiated under the previous Conservative government.

We need to think about rationalizing regulations and approving projects that make sense so that Canada can once again be seen as an optimal destination for investment and growth. If that plan for investment, growth and jobs includes an appropriate respect for our natural resource and manufacturing sectors, we will be able to create the conditions that allow unemployed Canadians to get back to work.

That is the strong economy piece. Of course, a strong economy helps to generate the revenue for governments that allows governments to provide support to people without creating the kind of unmanageable deficits that we currently face. Having a strong economy is therefore very important.

I talked about a strong economy, strong communities and a strong social safety net. For many people who face challenges, whether they are unemployment challenges, health challenges or personal struggles of various kinds, the first line of support is the communities they are a part of. In recent decades, we have seen a decline in the strength of community ties, a greater social atomization. As a society, we need to think about how we can strengthen the forms of local community that are such a vital form of initial support. We should think of a big society, a strong society and strong community as being the first line of support and defence when people are confronted with various challenges in their lives.

Part of how the national government can be a part of supporting the idea of strengthening the community is to work constructively in partnership with community organizations and look for opportunities to learn from what communities are doing. These could be cultural associations, faith communities or service clubs. We should better partner with local organizations in the delivery of public services.

There are so many ways this applies. One thing that has been a great interest of mine is the model for the private sponsorship of refugees. Through it, the government works collaboratively with private organizations that are sponsoring refugees to come to Canada. We know that those who have community connections through private sponsorship generally have better outcomes than people who are publicly sponsored, because those who are publicly sponsored are not immediately brought into an existing community that knows them and wants to work with them. Across the board, whether it is combatting addictions, supporting families, addressing joblessness or addressing recidivism, the government needs to have a much better vision of the opportunity for partnership as a means of addressing challenges and building strong communities.

As I said, we need a strong economy, a strong community and then a strong social safety net. If we have the strong community and strong economy pieces in place, we will also be in a position collectively to put the full extent of our resources into supporting those who fall through the cracks with a strong social safety net.

The Conservatives are very supportive of that. We believe, though, that if we neglect the strong economy and the strong community pieces, it will become much more difficult to have a strong social safety net while preserving some degree of fiscal sanity. What we see with the government is a desire to push forward spending on the social safety net, but a lack of vision for the strong economy and strong community pieces.

The social safety net needs to be there for those who are not able to benefit from a strong economy or from strong community structures that are in place. However, if we only have the social safety net piece, and not the economy piece or the community piece, then the pressure that falls on that social safety net will be so significant that we will find ourselves in an unsustainable fiscal situation. That is the challenge we need—

Canada—United Kingdom Trade Continuity Agreement Implementation ActGovernment Orders

March 10th, 2021 / 4:25 p.m.
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Liberal

The Speaker Liberal Anthony Rota

Pursuant to order made on Tuesday, March 9, 2021, the House will now proceed to the taking of the deferred recorded division on the motion at the third reading stage of Bill C-18.

The House resumed from March 9 consideration of the motion that Bill C-18, An Act to implement the Agreement on Trade Continuity between Canada and the United Kingdom of Great Britain and Northern Ireland, be read the third time and passed.

Canada—United Kingdom Trade Continuity Agreement Implementation ActGovernment Orders

March 9th, 2021 / 9:10 p.m.
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Liberal

Randeep Sarai Liberal Surrey Centre, BC

Mr. Speaker, today is a first for me too. I have never shared time with a Conservative member of Parliament. I want to thank, in the spirit of co-operation, the Conservative member of Parliament for Battle River—Crowfoot.

I welcome the opportunity to rise in the House today to speak to the investment chapter and the investment dispute resolution mechanism in the Canada-U.K. trade continuity agreement. I will begin by emphasizing that maintaining the robust investment relationship Canada has with the U.K. is a top priority for our government. As we are all well aware, Canada and the U.K. have historically enjoyed a mutually advantageous trade and investment relationship. Our bilateral investment relationship, which was already strong, has grown rapidly under the Canada-European Union Comprehensive Economic and Trade agreement, or CETA.

The U.K. is Canada's largest market in Europe and is a key source of foreign direct investment. Indeed, the U.K. is Canada's fourth most important source of foreign direct investment. In 2019, the FDI stock from the U.K. was valued at over $62 billion. Canadians are also seeking investment opportunities in the U.K., with our FDI stocks in the U.K. valued at over $107 billion in 2019, making the United Kingdom Canada's second-largest direct investment destination.

The trade continuity agreement that was signed by Canada and the U.K. on December 9, 2020, would ensure that both parties can sustain and build upon this important relationship by preserving the benefits of CETA in a new bilateral agreement. More importantly, as this trade continuity agreement is based on CETA, an agreement Canadians are already familiar with, it provides continuity, predictability and stability for Canadian businesses, exporters, workers and consumers. This stability is more important than ever as we grapple with the COVID-19 pandemic.

Once the trade continuity agreement is ratified and fully implemented, it will continue to maintain predictability and protect Canadian investors as well as preserve CETA's high-standard provisions on dispute settlement. Canada's businesses have told us that what they want most at this time is stability, and the continuity agreement would provide that as we continue to work toward a new comprehensive bilateral free trade agreement with the U.K. that best serves Canada's interests over the longer term.

I will elaborate on two very important parts of the trade continuity agreement: the investment chapter and the investment dispute resolution mechanism, the purpose of which is to protect Canadian investors.

As stated by my colleagues, the trade continuity agreement is an interim agreement that replicates CETA's provisions to ensure the stability of Canadian businesses during the unique situation Brexit has presented. As such, the comprehensive investment chapter of CETA was effectively replicated in the trade continuity agreement to ensure a smooth transition and provide predictability for Canadians. This will ensure that Canadian investors, as well as Canadian financial institutions with investments in the U.K., receive the same high standard of investor protection under this agreement that they were provided under CETA.

I will elaborate on the investment dispute resolution provision.

The trade continuity agreement replicates the CETA investment dispute resolution provisions, including CETA's permanent investment tribunal and appellate tribunal, with only minor technical changes to reflect the replacement of the 28 EU member states with the U.K. However, the investment dispute resolution provisions will be temporarily suspended upon entry into force of the trade continuity agreement, pending a review by parties. The purpose of this review is to consider the approach to investment dispute resolution that best reflects the bilateral relationship between Canada and the U.K. The review would be set to commence within three months of entry into force of the trade continuity agreement and should be completed within three years, unless extended by agreement of both Canada and the U.K. If Canada and the U.K. do not agree on an approach to investment dispute resolution, or to extend the review process within three years, the CETA-like investment tribunal and appellate tribunal would apply, provided that equivalent CETA provisions have entered into force.

While this trade continuity agreement would protect Canadian investors, it would also maintain Canada's right to regulate in the public interest. As in CETA, the trade continuity agreement would require both Canadian and foreign investors to abide by Canada's laws and regulations in areas such as the environment, labour, health care and safety.

Through the unprecedented Brexit transition process our government strived to provide Canadians with certainty and security. This objective was made all the more important with the added economic consequences and uncertainty resulting from the COVID-19 pandemic.

Our government takes great pride in achieving this trade continuity agreement with the United Kingdom. The objective in negotiating this agreement has always been to create a temporary measure to ensure stability for Canadian businesses during the Brexit transition process. To be clear, the trade continuity agreement is good for Canadian and U.K. investors and for the strong mutually beneficial trade and investment relationship our nations have built over 150 years.

While CETA will continue to govern Canada-EU trade, this trade continuity agreement will provide predictability and remove uncertainty for Canadians doing business with and in the U.K. This agreement is not only about ensuring continuity and maintaining the status quo, but is also essential in setting the stage for our future trade relations with the United Kingdom.

It is critical that the trade continuity agreement be ratified and implemented as soon as possible to ensure certainty for businesses. Therefore, I urge all hon. members to support Bill C-18 and allow the government to move ahead and implement the Canada-U.K. continuity agreement in a timely manner.

Canada—United Kingdom Trade Continuity Agreement Implementation ActGovernment Orders

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

Lianne Rood Conservative Lambton—Kent—Middlesex, ON

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Canada—United Kingdom Trade Continuity Agreement Implementation ActGovernment Orders

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

Tracy Gray Conservative Kelowna—Lake Country, BC

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

Canada—United Kingdom Trade Continuity Agreement Implementation ActGovernment Orders

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

Tracy Gray Conservative Kelowna—Lake Country, BC

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Canada—United Kingdom Trade Continuity Agreement Implementation ActGovernment Orders

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

Tako Van Popta Conservative Langley—Aldergrove, BC

Mr. Speaker, I thank my colleague for his enlightening speech on Bill C-18, the Canada-U.K. trade agreement. Could he comment on the inherent advantages of Canada entering into a trade agreement with a country with whom we share common law, common parliamentary tradition and common contract-negotiating strategies?

Canada—United Kingdom Trade Continuity Agreement Implementation ActGovernment Orders

March 9th, 2021 / 7:50 p.m.
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Liberal

John McKay Liberal Scarborough—Guildwood, ON

Mr. Speaker, I am pleased to rise in the House tonight to talk about the benefits of Bill C-18, an act to implement the Agreement on Trade Continuity between Canada and the U.K.

I will be splitting my time with the member for Sherwood Park—Fort Saskatchewan. It is probably the first time I have ever split with the member for Sherwood Park—Fort Saskatchewan, and I daresay it will likely be the last time. I am here in two capacities: as the member for Scarborough—Guildwood, but also as a chair of the Canada-United Kingdom Inter-Parliamentary Association. I am interested in all matters pertaining to Canada and the U.K.

All companies stand to benefit from the predictability and stability that this agreement would provide. The U.K. is one of Canada's most important trading partners. The U.K. is Canada's largest market in Europe. It is a key source of foreign direct investment and of science and technology partnerships. Two-way partnerships between Canada and the U.K. amounted to $29 billion in 2019, making it Canada's fifth-largest trading partner after the U.S., China, Mexico and Japan.

The trade continuity agreement before the House today would ensure that Canada could sustain and build upon those relationships by preserving the main benefits of CETA, the trade agreement that Canada had entered in place with the European Union in 2017, the benefits of which are just rolling out.

Replication of the CETA benefits would mean that 98% of products would continue to enter the U.K. duty-free. These include key exports from Quebec and Ontario such as manufactured goods, metals and mineral products. As of January 1, 2024, we are hoping that will increase to 99% of goods receiving duty-free treatment. The Canada-U.K. TCA would also preserve preferential access, established under CETA, for agriculture and agri-foods to the U.K. market, further strengthening the bilateral Canada-U.K. trade relationship. At the same time, this agreement would fully protect the dairy, poultry and egg sectors and would provide no new incremental market access for cheese or any other supply-managed products.

The U.K. is Canada's second-largest services trade partner, behind only the United States, with services exports totalling nearly $7.1 billion last year. Under the Canada-U.K. TCA, just as in CETA, service suppliers would have preferential access to, and greater transparency in, the U.K. services market, which would result in better and more secure and predictable market access for things such as environmental services.

In terms of investment, the U.K. is Canada's fourth-largest foreign direct investor, valued at $62.3 billion in 2017. Canadians are also key investors in the U.K., to the tune of $107 billion, making the U.K. Canada's second-largest direct investment destination. As in CETA, the Canada-U.K. TCA before us today would guarantee access to investors to and from Canada with greater certainty, transparency and protection for their investments, while preserving the rights of those governments to legislate and regulate in the public interest. Just as in CETA, the Canada-U.K. TCA would create more favourable conditions for exporters from Canada and Quebec through important commitments to address non-tariff barriers and establish mechanisms under which Canada and the U.K. could co-operate to address and seek to resolve non-tariff barriers as they may.

While I believe that the House will support this bill, but not necessarily unanimously, I wanted to bring to attention one element of the negotiations that could be either a unifying point or a sticking point.

Most Canadians will not knowingly purchase goods produced by slaves. Britain has been a world leader when it comes to legislative response to supply chain slavery. In the U.K., all major companies are expected to publish a statement on their websites saying they have examined their various supply chains and are satisfied that no element of slavery exists anywhere in their supply chains. This has proved to be a popular initiative with both the public and legislators. It is likely to undergo some revisions shortly to strengthen the resolve and impose more significant consequences. Inevitably, this will be a point of some negotiation, maybe not in this agreement, but in subsequent negotiations. Britain will likely ask for a commitment to parallel legislation so the U.K. is not put at any trading disadvantage. It would be preferable, therefore, that Canada have similar legislation so there is no discrepancy between the two countries.

Currently languishing in the Senate is Bill S-216, formerly my bill, Bill C-423. It is stronger than the current British legislation and would be a complete answer for any issue raised by the U.K. I have had some very positive conversations with the very able and distinguished British High Commissioner, Susan le Jeune d'Allegeershecque. Regrettably, she is leaving this year. She has represented her country brilliantly these last three years. She expressed great interest in Bill S-216 and was quite willing to support the bill in whatever way possible.

Canada imports more than $34 billion worth of goods annually that are tainted by slavery. This includes everything from garments to shrimp, tomatoes and possibly even some high-tech items. It is a competitive disadvantage if one country is governed by strict legislation and another is not. Just as Canadian companies and workers cannot compete with slave labour, also one country cannot disadvantage itself in a trade agreement by allowing the scourge of slavery in the other. I would therefore urge the Government of Canada to adopt this legislation sooner rather than later so that any trade irritant can be reduced and Canada and Britain can form a common trade barrier to slave labour.

The agreement also carries forward from CETA trade facilitation measures designed to reduce red tape at the border, including some of the costs prohibiting companies from doing business.

Diversifying trade has the potential to increase Canadian wealth. SMEs are looking to us to provide market opportunities for their exports. By ensuring there are accessible opportunities abroad, and by maintaining attractive conditions within these markets for SMEs, we are supporting their prosperity and the creation of new jobs in Canada. The Canada-U.K. TCA furthers the same.

As we look to turn the corner from COVID-19, and Lord knows we cannot turn that corner quickly enough, it is even more important that we continue to provide Canadian businesses with as many options and opportunities as possible. The Canada-U.K. TCA maintains crucial ties and preferential trade terms with one of Canada's key trading partners and ensures Canadian businesses do not face yet another disruption at this time. Indeed, if this agreement were not in place this would be yet another setback that businesses could ill afford.

Successful trade provides good employment opportunities. With one in six Canadian jobs linked directly to exports, we remain committed to growing trade and providing opportunities for all Canadian SMEs. That is why I encourage all hon. members to support Bill C-18. Their support will help SMEs continue to succeed in the U.K. market.

I look forward to questions from colleagues.

Canada—United Kingdom Trade Continuity Agreement Implementation ActGovernment Orders

March 9th, 2021 / 6:45 p.m.
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Bloc

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

Madam Speaker, I want to begin by saying that I am rising as the Bloc Québécois critic for international trade.

As we have said, the Bloc Québécois supports Bill C-18 on the Canada-United Kingdom trade continuity agreement, but not enthusiastically so. Our position is and always has been clear. We support trade openness, which is necessary for our SMEs, and we support market diversification. Given our history, it is particularly interesting for us to see that it is possible for a country that is becoming independent or regaining its independence and trade sovereignty, like the United Kingdom is after Brexit, to quickly reproduce the agreements that were previously signed by the large bargaining group it is leaving.

Of course, the new country then has to renegotiate the agreements on a more permanent basis, but there is no black hole. There is no period of limbo when the newly independent country has no trade partners or international agreements. As Quebec separatists, we find this quite interesting, and we are taking notes. We have taken notes about this process, and we will be ready to address the issues and dispel the fears that Parliament is sure to raise next time Quebec's future is up for discussion.

We are in favour of open trade, but we will never give free trade our complacent and unconditional support if it compromises our agricultural model, harms the environment, supports the privatization of public services or makes it harder for our businesses to get contracts, nor will we support agreements that could undermine sovereignty and democracy for the benefit of profit-driven multinationals.

If we look at the Canada-United Kingdom trade continuity agreement, or CUKTCA, it looks like the worst was avoided. Supply management has not been chipped away at, thank goodness. Sadly, that job had already been done with the Comprehensive Economic and Trade Agreement between Canada and the European Union, or CETA.

In the end, this agreement is not particularly bold, but it does allow us to maintain access in the short term. I say “short term” because this agreement is supposed to be transitional. Let us not forget that we must reach a permanent agreement later.

When we talk about free trade, it always sounds very abstract, but in reality, at the grass roots level, it ends up feeling quite concrete. This bill is very likely to pass in the next few hours, and there is nothing stopping us from looking ahead now.

There is something frustrating about this kind of process. It has to do with the fact that we, as parliamentarians, always end up rubber stamping an agreement as it is presented to us. The text is there, here it is, there is nothing more to say. We are never consulted beforehand, when we should be consulted before the negotiators even go to negotiate. We should be able to give them mandates. We are parliamentarians; we are here to represent the positions of our constituents. We should be consulted far more often. We should be given reports at different stages of the negotiations. Unfortunately, we do not get any of that.

That is why one of the first things we need to do right now is demand more transparency. The provinces and parliamentarians need to be more involved in future discussions. The elected members of the House of Commons are responsible for protecting the interests and values of their constituents. They are not just here to rubber-stamp agreements that have been negotiated in secret. We are not just puppets.

Between 2000 and 2004, the Bloc Québécois introduced a number of bills on this matter in the House. With the Canada-United States-Mexico Agreement, our colleagues in the Liberal Party and the NDP came to an agreement on sharing more information with elected members. The Deputy Prime Minister made a commitment at the time. Unfortunately, although this seemed like a step in the right direction, the government asked us before Christmas to study the agreement with the United Kingdom without letting us see the agreement itself. We heard from witnesses like the Minister of International Trade, but we could not read the agreement.

That was when we needed it. Can members imagine how ludicrous and absurd this was? The Standing Committee on International Trade had to study this agreement without having a copy of the text. I do not think members realize the absurdity of it all.

As parliamentarians, we must be kept informed at every step of the process, even before the negotiator steps on a plane or prepares for the virtual meeting. This would prevent parliamentarians from having to speak to an agreement without having the information needed to make a well-thought-out decision. The negotiations would be more transparent.

With regard to the provinces, members will recall that during the negotiations with Europe, which led to the ratification of the Canada-European Union Comprehensive Economic and Trade Agreement in 2017, Quebec was able to send a representative when talks were held. However, Quebec was not invited to attend by Canada, but rather it was invited by Europe, as the European Union had to go through the parliaments of its member states and therefore requested that the Canadian provinces be present.

The Canada-United Kingdom trade continuity agreement contains elements that the Quebec representative fought for. As a result, under the grandfather clause, the Société de transport de Montréal has a local content requirement of 25% in the procurement of rail cars, buses and so on.

That is a step backward from what we had before the agreement with Europe, but we can still say that we managed to salvage something in this new agreement with the United Kingdom. That did not happen because Canada fought for it, but because it was copied and pasted from CETA. That will be obvious when there is a permanent agreement, which is one more reason why the provinces and parliamentarians should come to an agreement before the negotiations in order to be able to give the negotiators clear mandates.

Quebec and the provinces can officially refuse to apply an agreement on their territory. We are taking a strong stand on extending Quebec's jurisdictions beyond its borders, something that the Privy Council in London acknowledged decades ago in a decision that led to the adoption of the Gérin-Lajoie doctrine, which is very important in Quebec.

In the end, independence is the only way we will be able to advocate for ourselves on the world stage. The Canadian negotiator will always be predisposed to protect Canada's interests at the expense of Quebec's. Until then, we have to do whatever we can to have our voice heard.

It is time for Parliament to look at procedures to give elected members more control over agreements. We have no choice. The minister responsible for ratifying an agreement should be required to table in Parliament an explanatory memorandum and provide a reasonable timeframe for obtaining the approval of parliamentarians before any ratification. This should be the bare minimum in the Parliament of a so-called democratic country. This should go without saying.

Let us also talk about what we might anticipate. I gave the example of awarding contracts and there has been much talk of buying local since the beginning of this pandemic. Fortunately, supply management currently remains protected, but we know that the United Kingdom would like to export more cheese. We dodged a bullet for now, but the permanent agreement could be worse and cause us problems in the future. I would say that is why we must adopt Bill C-216, which protects supply management and our agriculture model in its entirety. It would spare us from any new bad surprises. Our dairy, poultry and egg farmers have given enough. Enough is enough.

Another very important element, and this is one of the reasons we support the bill, is the infamous investor-state dispute settlement mechanism, which will not apply for at least another two years. In fact, it may not come into effect in two years if there is no agreement within the EU.

Let us imagine a political fiction scenario. Imagine those two years have gone by and there is an agreement with the European countries, that kind of mechanism is in place, and there is no further discussion about a permanent agreement. The parties would have to use something such as an exchange of letters for it to apply. Furthermore, this cannot be part of any future agreement. Most fortunately, the Canada-U.S.-Mexico agreement eliminated that possibility.

This is a very serious issue. Chapter 11 of the 1994 NAFTA included protection of foreign investors in a given state and enabled those investors, if expropriated, or the victims of what is known as the equivalent of an expropriation, to sue the state in an arbitration tribunal created for this purpose.

On paper, this seems to make sense. When a company invests money somewhere, it obviously does not want to fall victim to the policies of the local government. However, when we look at what it means in concrete terms, we realize that what is in there is extremely serious. There is a real risk of applying the investor-state dispute settlement mechanism to all rules or laws of an economic nature that could be detrimental to private profit. Could this open the door to the potential dismantling of national policies? It is certainly becoming increasingly difficult for governments to legislate on issues related to social justice, the environment, working conditions and public health, for example. If a given transnational corporation believes it has been hampered in its ability to make a profit, it will have recourse. My colleagues may be wondering exactly what that means. First of all, I would point out that trade litigation generally take a long time and is therefore extremely lucrative for law firms. A document from two non-governmental organizations has already demonstrated how eager large firms specializing in trade law are to engage in complex litigation.

Over the past few years, fewer multilateral agreements have been signed, but this does not change the fact that there are more than 3,000 bilateral investment protection treaties in the world. I will give one example and I will again be asked what this means in concrete terms. I will give a list of the trade actions against states resulting from these mechanisms. It is chilling.

In 1997, Canada decided to restrict the import and distribution of MMT, a fuel additive, which was believed to be toxic. Ethyl Corporation filed a suit against the Canadian government for an apology and $201 million.

In 1998, S.D. Myers Inc. filed a complaint against Canada concerning the ban on exporting waste containing PCBs between 1995 and 1997. PCBs are synthetic chemical products that are extremely toxic and used in electrical equipment. Canada lost before the tribunal established under NAFTA.

In 2004, under NAFTA, Cargill, a producer of carbonated soft drinks, won $90.7 million U.S. from Mexico, which was convicted of creating a tax on certain soft drinks that caused a serious obesity epidemic in the country.

In 2008, Dow AgroSciences filed a complaint after Quebec took steps to prohibit the sale and use of certain pesticides on lawns. The case was settled amicably once Quebec, which wanted to put an end to the challenge, agreed to acknowledge that the products posed no risk as long as users read the label.

There are many other examples. In 2009, the Pacific Rim Mining Corporation sued El Salvador for the loss of potential profits. El Salvador had refused to issue a permit for a gold mine because the company was not complying with national standards. El Salvador finally won the case in 2016. At least the government won, but the plaintiff only paid two-thirds of the defence's legal fees. El Salvador is obviously not rolling in money. The $4 million U.S. that this struggling country lost could have gone towards social programs.

In 2010, AbitibiBowater closed some of its facilities in Newfoundland and laid off hundreds of employees. The provincial government responded by taking over its hydroelectric assets. AbitibiBowater did not accept that and filed suit. To avoid a lengthy legal battle, Ottawa offered the company $130 million. There was an amicable agreement with a cheque on the way out.

In AbitibiBowater there is the name Abitibi. Abitibi is in Quebec, which unfortunately is still part of Canada. Considering that its headquarters are in Montreal, how is it a foreign investor?

This goes to show all the schemes that are at play. The company is registered in Delaware, a tax haven, in order to present itself as a foreign investor.

Let us look at other examples. In 2010, Tampa Electric got $25 million from Guatemala, which passed legislation to put a cap on electricity rates. The complaint, which dated to the previous year, was made under the Central America free trade agreement. In 2012, the Veolia group went after Egypt because of that country's decision to increase the minimum wage.

There are many other examples, but it would take a long time to list them all. The most recent case dates back to 2013, when Lone Pine Resources announced its intention to sue Ottawa because of Quebec's moratorium on drilling in the St. Lawrence.

It all goes to show that the investor-state dispute settlement mechanism allows democracy to be hijacked by powerful multinationals whose only goal is to make a profit.

As I was saying earlier, it is important to note that many companies were suing their own country, when there was a way to register or incorporate elsewhere. Fortunately, the transnational corporations did not always win these cases, but they continue to multiply. States must provide the financial and technical resources to defend themselves. This mechanism is one-sided. The government is always the defendant, while the multinational corporation is always the plaintiff.

According to a 2013 report by the United Nations Conference on Trade and Development, 42% of the cases were decided in favour of the state and 31% in favour of the business. The rest were settled out of court. That means that the plaintiffs were able to fully or partially rebuff the states' political and democratic will in 60% of cases.

These numbers are enormous, but they do not reveal an unquantifiable factor: the permanent pressure of this mechanism on states. Public policy-makers are censoring themselves. Behind departmental doors, they are deciding not to apply such and such a policy because they do not want to be sued. This pressure and self-censorship is real. A 2014 report by the Directorate-General for External Policies of the European Union said this clearly served a a deterrent during policy decision-making.

I will give an example. In 2012, Australia imposed plain packaging for cigarette packs, banning the use of logos. The tobacco company Philip Morris International, which had also sued Uruguay in 2010 for its tobacco policies, sued the Australian government based on a treaty between Hong Kong and Australia. As that was going on, New Zealand decided to suspend the coming into force of its plain packaging policy, and the United Kingdom decided to postpone the debate that was supposed to begin on the matter. As we can see, there is an atmosphere of self-censorship. France waited three years before implementing this policy within its borders.

Multinational corporations are sometimes more powerful than governments, and if the will of the people, or even their safety, might affect profits, they are pushed aside. This is extremely serious. Especially in these pandemic times, we do not need this mechanism in future agreements. If it does not apply in the short term in the agreement with the United Kingdom, that is even better. We will do everything we can to ensure that it never applies. We demand that Canada oppose it in future negotiations with the United Kingdom for the permanent agreement.

Canada—United Kingdom Trade Continuity Agreement Implementation ActGovernment Orders

March 9th, 2021 / 6:20 p.m.
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Conservative

Kerry-Lynne Findlay Conservative South Surrey—White Rock, BC

Madam Speaker, I rise today to debate Bill C-18, an act that seeks to implement the Canada-U.K. trade continuity agreement. Since the Canada-United States Free Trade Agreement was negotiated and signed by the Mulroney-led Conservative government in the 1980s, free trade has played a vital role in the Canadian economy. Canada is now party to more than a dozen trade deals with over 50 countries in total. These deals have knocked down trade barriers and given Canadian businesses better access to the global marketplace.

One such trade deal, the Comprehensive Economic and Trade Agreement, is between Canada and the European Union. With the United Kingdom having separated from the EU, it would be natural, or so one would think, that Canada would sit down with the U.K., with whom we share historic ties, values and a trusted intelligence partnership, to work out a new comprehensive trade agreement that is specific to the needs and desires of both countries.

The U.K. is one of Canada's biggest trading partners. It is in fact our third largest export market and the fourth largest source of foreign direct investment in Canada. Looking specifically at my home province, B.C., in 2019 nearly half a billion dollars worth of exports to the U.K. originated in British Columbia. This includes wood, lumber, fish and more. B.C. exports to the U.K. have been trending upwards over the past decade. Of Canadian provinces and territories, only Ontario, Newfoundland and Quebec export more to the U.K. than B.C. Clearly this trading relationship is an important one for B.C. and all of Canada, a relationship that I certainly hope will continue to thrive and generate prosperity for small businesses from St. John's to Victoria.

What I do not understand given the obvious importance of this trading relationship to the Canadian economy is why the Liberal government was not better prepared and more willing to sit down with one of our closest allies to negotiate a trade agreement that would best satisfy the interests of our country. We know that the Liberal government walked away from the negotiating table in March 2019, only to return to the table in July last year with only five months left to negotiate and legislate a new trade agreement before the existing deal expired.

At that point, there was not enough time to do this properly. Instead we are left with the status quo. With the clock expiring, the Liberal government agreed to a trade continuity agreement that replicates the terms of CETA. It is that placeholder, copy and paste agreement that the Liberals now seek to enact into Canadian law. One might think, what is so bad about the status quo? Let me be clear: CETA is a good trade agreement for Canada, but it is a multilateral trade deal between Canada and the European Union, some 27 countries, each with its own unique economy, goods and services.

CETA was never intended to serve as a bilateral deal between Canada only and the United Kingdom. This duplicate deal does nothing to address trade issues that have emerged since CETA was negotiated in 2014, nor does it address existing challenges with non-tariff barriers. Stakeholders rightly want a “U.K.-1” agreement, not a “CETA-2” agreement. It is mystifying that the Liberal government did not even leave enough time to enact this placeholder deal before the December 31 deadline. Recognizing that the clock was about to run out, the government signed a memorandum of understanding on December 22 to buy some more time, 90 days to be exact. However, even that extension, as we debate the bill at third reading today, leaves only until the end of the month to complete third reading in the House and pass all stages in the Senate. What happens if we cannot meet that revised deadline? There will be more uncertainty for Canadian businesses at a time when they are in trouble and need certainty more than ever.

What we should have before us today, had the government done its job in the four and a half years since the U.K. decided to exit the EU in 2016, is a tailored, modern and comprehensive trade agreement based upon rigorous consultations with businesses and labour organizations from across our great nation. They should have consulted our lumber exporters in B.C., gold miners in Ontario, fishermen in Newfoundland and Labrador, and beef producers in Alberta and Quebec. Instead, the Liberal government dragged its feet and left Canadians in the dark.

While we were told this was merely a temporary fix, like duct tape on a leaky pipe, the reality is that there is no sunset clause in this agreement. This means it has no end date. While the deal sets out that we are to begin negotiations on a successful agreement within one year of its ratification and finalize a new deal within three years, there is no specific penalty for the failure of either side to come to the bargaining table.

Clause 4 of Article IV of the trade continuity agreement states, “The Parties shall strive to conclude the negotiations...within three years of the date of entry into force of this Agreement.” This duty to negotiate is effectively not a duty at all. This trade deal could literally last forever, never to be replaced with the complete, well-informed deal that Canadians deserve.

The Liberal government has made a dangerous habit of rushing through significant legislation without appropriate consultations. I have seen it too often as a member of the justice committee, by way of example, and we are seeing it here again. The United Kingdom voted to leave the EU in June 2016, yet here we are in 2021 relying on a memorandum of understanding that is set to expire in three weeks.

Because the Liberal government did not take this trade relationship seriously, Canadians are left with an MOU that is serving as a placeholder for a placeholder trade agreement with our fifth-largest trading partner. In doing so, the Liberal government has caused unnecessary uncertainty for the countless businesses across Canada that import, export or rely on foreign investment from the U.K.

The last thing Canadians need right now is more uncertainty, yet time and time again that is what they get from the Liberal government. Between the Liberals' failures to negotiate a new tailored deal and their unwillingness to present a federal budget for two years, it is becoming clear that the economy, jobs and trade are afterthoughts for the government. Some questions remain: How much longer can Canadians afford these failures and how much longer before normally resilient Canadians break?