Bill C-18 (Historical)

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 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.

Canada—United Kingdom Trade Continuity Agreement Implementation Act

[Kody Blois, Liberal, Kings—Hants, NS]

Madam Speaker, tonight we are debating Bill C-18, which is the continuity agreement of the relationship between Canada and the United Kingdom. It is always a privilege to bring a voice from the people of Kings—Hants to Parliament, but this agreement in particular is important to Nova Scotia. As a member of Parliament from the east coast, the United Kingdom's proximity geographically makes this an important trading relationship for agriculture producers in my riding and also businesses writ large. The basis of my remarks tonight will be how this continuity agreement is so important to maintaining those open relationships and that business relationship, as well.

Canada is a trading nation. We have what the world wants, whether it is our natural resource products, our services or our ingenuity. We are an important player in serving countries' needs around the world. It has certainly been a focus of our government to establish trading relationships to be able to provide our products to the world. As has already been established, this bill is relatively straightforward. The government had already established a strong trading relationship with the European Union through CETA. This is a confirmation ensuring those provisions that had been established, and that included the United Kingdom, which has now gone through the Brexit program, would continue. Our government has also illustrated its desire to make sure that we can sit down with the United Kingdom and look at a comprehensive agreement to establish even greater ties between our two countries, if there is room for them, which I presume there is.

I want to talk a bit, as a Nova Scotia parliamentarian, about how I see our future trade agreement, whether it be further in scope or as this existing continuity agreement, and what it means to our businesses. I will say again that agriculture is the backbone of our economy in Kings—Hants. There are supply-managed farms such as poultry, eggs and dairy, about which we have heard a lot tonight with Bill C-216, but we are also world-famous for our apple products. There is a long history, in the Annapolis Valley particularly, about our particular apple species, and it has been a source of pride shipped around the world.

I would be remiss if I did not mention the Kentville research station, funded through Agriculture and Agri-Food Canada. It has over 100 years of history in our riding, and a lot of the research that goes on through the Kentville research station supports our farmers by making sure they have varieties the world really wants.

For the benefit of the members in the House here tonight, every apple sold in London during World War II, and certainly for a period after that time, was produced in the Annapolis Valley in Nova Scotia. I think that signifies the trading relationship our region has with the Commonwealth countries around the world.

I talked to our apple producers specifically about what this continuity agreement means. We have a huge reliance on the United States, as do many other places across the country, but they see this as an opportunity to re-establish some of those prior trading relationships with the United Kingdom, because of our proximity. I do not expect that overnight 100% of the apples sold in London will be from the Annapolis valley. We have diversified our markets globally, but there are opportunities to build on those existing relationships and our cultural ties.

I also want to speak a little about our wine sector. We have a quality wine sector that is gaining international recognition, and I am one of the biggest proponents of reducing our interprovincial trade barriers, such that our Nova Scotia producers are able to sell their product across the country to Canadians who want it. At the federal level, our government has removed any impediments to that. We have a lot of work to do with some specific provinces, and it is something I continue to call for, both within this House and outside. There is also an opportunity to make sure that our world-leading product can find its way to consumers around the world, and with the fact that our sector has seen significant growth we have an opportunity to have these products find their way to consumers in the United Kingdom, who I am sure would be happy to pick up a Tidal Bay, one of our destination originators in the Annapolis Valley.

I will be interested to see where some of my colleagues on the other side of the House go with this particular piece of legislation. Sometimes, of course, there is criticism, when we are forging trade deals, that there can be repercussions to the agriculture sector. This is an example in which our government stood firm. I cannot speak to the Minister of International Trade's dialogue, because I am not at the table.

I am quite confident that the United Kingdom would have been looking at gaining access to our supply-managed sectors. That was something our government was unwilling to do because of how important that sector is to rural communities across the country, including mine in Kings—Hants.

Part of the discussion here tonight will be comparing and contrasting. I heard some colleagues trying to suggest that our government had been unwavering or not necessarily supportive of this sector. Nothing could be further from the truth. When we look at the past United States administration under President Trump, it seemed that every second word was focused on the dairy industry. We knew that this was not going to solve the issues related to the American dairy industry and its oversupply. In fact, many U.S. producers actually talk about trying to implement a system similar to Canada's, in the sense that we have some ability to control supply. It is becoming even more important, in the world of low carbon emissions, to be mindful of climate change and producing product that is not going to be used. It was something that the President really wanted to push.

We maintained the integrity of the system. I have heard members from the Bloc talk in the House about Bill C-216. I believe they supported the implementation of CUSMA. I believe the Premier of Quebec was calling on all parliamentarians to support this provision. In fact, the former interim leader of the Conservative Party, Rona Ambrose, talked about how it was the best deal that Canada could strike.

I am proud of how the government responded to protecting that system. I contrast that with, for example, the previous government. We talk about CETA. We were really down the road by the time it was implemented, but the member for Abbotsford could probably speak to it. It was a different situation politically, in terms of the pressure and expectation of our government to give up access to make that trade deal happen. That is something I highlight to my dairy farmers when I have the chance. They seem to appreciate that nuance.

Any suggestion, whether in tonight's debate or otherwise in the House, that this party is not committed to supply management is false.

Finally, I want to talk about the cultural ties between the United Kingdom and Canada, but specifically Nova Scotia. We have a lot of shared history. For example, in Nova Scotia we have the largest Gaelic-speaking population outside of Scotland. There is a long history of immigration from the United Kingdom, and Scotland specifically, to Nova Scotia. My great-grandfather has ties to Wales and a Welsh background. My fiancée has ties to Scotland.

As I mentioned, this trade deal presents an opportunity not only to the economy and to business relationships, selling services and goods back and forth, but also to further integrate and ensure that we have opportunities, whether for tourism or research between institutions academically, to strengthen the ties that we have with a country that we are still a dominion of, to make sure that we can support our businesses and individuals, and make sure those cultural ties are strong and remain robust.

I would be happy to take any questions from my hon. colleagues.

[Bill Blair, Liberal, Scarborough Southwest, ON]

moved 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.

[The Assistant Deputy Speaker, NDP, Carol Hughes]

Pursuant to order made earlier today, the House will now proceed to the third reading stage of Bill C-18.

Opposition Motion—Measures to Support Canadian Workers

[Kevin Lamoureux, Liberal, Parliamentary Secretary to the President of the Queen’s Privy Council for Canada and to the Leader of the Government in the House of Commons]

Mr. Speaker, in the first part of my speech, I talked about how the Conservatives continuously try to spread misinformation. I cited a couple of examples of the airline industry and of charitable groups using specific quotes from the critic for finance. He, and through him the Conservative Party, tries to give Canadians the impression that the government is not there to support small businesses in Canada. Once again, nothing could be further from the truth.

When we look at the initiatives we have put in place, whether the Canada emergency wage subsidy program, the Canada emergency rent subsidy program, the Emergency Business Account, the credit availability program or relief and recovery funds, the government has been there for small businesses and will continue to be there for small businesses.

The second problem I have with the Conservatives is frustration with how the Conservative Party continues to play a destructive role inside the House of Commons, on the floor of the chamber, by not allowing things to be done. Talk is cheap. Action is what we want to see.

I was encouraged when the opposition House leader indicated moments ago that the Conservatives were prepared to pass Bill C-18, which is a trade agreement. That means they support the legislation with no issues and they are going to pass it through. I suspect, as I indicated previously, that the only way to get things passed through the House of Commons is to shame the Conservatives so that they feel so uncomfortable that they feel there is more than an obligation to allow legislation to go through.

A good example would be the member for Kildonan—St. Paul. She is the critic for workforce development and she tweeted that time was running out for Canadians with expiring EI benefits. That is Bill C-24. It is one of the pieces of legislation that we want to see pass through the House of Commons. If the leader of the Conservative Party would actually listen to some of the members of the Conservative caucus, we might even see that bill pass.

I would encourage the opposition House leader to take the initiative and look at what that bill is actually saying and proposing to do. Maybe he could consult with his Conservative caucus colleague, the member for Kildonan—St. Paul, and recognize how that bill is going to help Canadians. As I indicated, actions speak louder than words when it comes to the Conservative Party.

On Bill C-14, another bill that ultimately helps small businesses, they have been filibustering, yet today there is a motion on why we are not doing enough to support small businesses. Do we see some irony there? I see a great deal of irony there. From the destructive force better known as the Conservative Party, we have seen that many issues are not being dealt with on the floor of the House of Commons because of the role that they have decided to play. It is politically charged, instead of serving Canadians by fighting the pandemic.

Canada-United Kingdom Trade Continuity Agreement Implementation Act

[Gérard Deltell, Conservative, Louis-Saint-Laurent, QC]

Mr. Speaker, if you were to seek it, you would find unanimous consent for the following motion. I move:

That, notwithstanding any standing or special order or usual practice of the House, 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 deemed concurred in at the report stage; that the House continue to sit beyond the ordinary hour of daily adjournment for the purpose of considering Bill C-18 at third reading; that, when no further member rises to speak or at 12 a.m., whichever is earlier, the Speaker shall interrupt the proceedings and put forthwith and successively every question necessary to dispose of the said stage of the said bill; that, if a recorded division is requested, it shall stand deferred until the conclusion of Oral Questions tomorrow, Wednesday, March 10, 2021; and that the House shall adjourn to the next sitting day.

International Trade

[Judy Sgro, Liberal, Humber River—Black Creek, ON]

Madam Speaker, happy International Women's Day.

I have the honour to present, in both official languages, the fourth report of the Standing Committee on International Trade in relation to Bill C-18, an act to implement the agreement on trade continuity between Canada and the United Kingdom of Great Britain and Northern Ireland. The committee has studied the bill and has decided to report the bill back to the House without amendments.

[The Chair, Liberal, Judy Sgro]

Thank you all for your attention.

I'll just outline what we have before us.

For upcoming business, we have the estimates, which were referred to the committee by the House on February 25. The ones we have received are on the Invest in Canada hub. I've already asked that an invitation be extended to Minister Ng and her officials to appear so that the committee will be in a position to report on the estimates prior to May 31.

Next, on WTO reform, we've had two meetings up until today, and we are scheduled to have another 60 minutes on Friday. Last October, though, we did talk about having three meetings on the WTO issue, so I would appreciate some direction from the committee members. If we want to have a third meeting, we'll need to make that decision so we can organize the calendar.

We have two draft reports that we're going to have to go over.

The first one is on trade between Canada and the United Kingdom. The potential transitional trade agreement study was distributed last Friday and is ready to be reviewed by the members. Following the vote this afternoon, I will be tabling the Bill C-18 report as well.

The second draft report that's being worked on is “Canada's International Trade after COVID-19: Changes, Federal Supports for Exporters and Trade Agreement Priorities”. It is scheduled to be distributed to members by March 26.

Next, we expect to have Louis Plamondon's private member's bill, Bill C-216. It may come to a vote in the House this week and, if carried, is going to be referred to our committee.

One other thing, as a reminder, is that last October 23, when we had a committee business section, we did adopt a motion to hold a minimum of two meetings on “Investor-State Dispute Settlement Mechanisms: Selected Impacts”.

In addition to that, we have several motions from Mr. Sheehan and Mrs. Gray, which have also been referenced today, and other motions that are already tabled.

The question for us is how we would like to proceed today.

Mr. MacGregor, go ahead.

[The Chair, Liberal, Judy Sgro]

We don't need a reprint because there were no amendments adopted. That's wonderful.

Thank you all very much. Congratulations. We have moved C-18 through our committee and into the House.

I want to thank all of our witnesses and everybody who helped us get through this afternoon. It's very much appreciated.

For the interest of the committee, when we return on March 8, I'm going to suggest that we have the WTO reform for that week and committee business at our first meeting as well so that we can further discuss any other upcoming studies we want to do.

Thank you all so much for your co-operation today and your help. We got another bill through, so we're pleased.

[The Chair, Liberal, Judy Sgro]

We'll have a recorded vote on the bill itself.

(Bill C-18 agreed to: yeas 10; nays 1)

[Rachel Bendayan, Liberal, Outremont, QC]

Thank you, Madam Chair.

I would just like to start off, because I will be referring to some of the important testimony that we've heard, including the very important testimony today relating to the importance of moving forward with Bill C-18 and not going back to the negotiating table, which, unfortunately, the amendment proposed by our colleague from Green Party would require us to do.

It comes back, of course, to his initial opening statement that he is not present at committee. Just speaking for myself personally, I think that is unfortunate, and I certainly would have welcomed, and I believe all the committee members on this committee would have welcomed, his participation through our the debate and witness testimony period of this study.

In order to complete the point on the reason why I will be voting against this amendment, to sum up, we have heard very convincing testimony from business community leaders and from civil society as well, that this transitional agreement needs to move forward in order to provide predictability and certainty to Canadians, especially Canadian exporters.

We've also heard from officials and others that there are many incentives to bring the United Kingdom back to the negotiating table. The United Kingdom has also indicated that it is looking forward to coming back to the negotiating table, and there is a clause in the TCA that requires the parties to come back to the negotiating table.

We will, in the context of negotiating that free trade agreement, be conducting extensive negotiations. We've already had exchanges with witnesses on how they would like to see those negotiations move forward. We have already indicated, as has the minister, that she plans on making this as broad a consultation as possible, and that is something entirely within the control of Canada. It does not need to be added into the agreement itself.

I would invite the colleague opposite to contact me if he has specific civil society organizations that he would like us to consult prior to the negotiation of the comprehensive free trade agreement.

For all of the above reasons, I will be voting against the proposed amendment.

[Paul Manly, Green, Nanaimo—Ladysmith, BC]

Thank you, Madam Chair.

I want to briefly put on the record that the Green Party MPs object to the larger parties in this House reducing our rights. The motion passed by this committee under the terms of which I appear today is not a favour to us. It is not an opportunity we requested. But for this motion, we would have the right under House of Commons procedures to move substantive amendments at report stage, subject to a vote of the House as a whole. The motion passed here and in every committee is the first time in the history of the Canadian Parliament that large, recognized parties acted to reduce the rights of a national party with fewer than 12 seats.

Further, we are the only Westminster-style Parliament that sets a minimum number of seats for a party to be recognized as a party in the Parliament. Our rights are restricted by this motion that this committee has passed. That motion obliges us to bring amendments here with no right to move the amendments, vote on the amendments nor speak to our own amendments other than in a proscribed and limited fashion.

With that, I will bring forward my amendment.

This amendment to Bill C-18 adds a sunset clause to ensure that the new agreement is negotiated and that the Canada-U.K. trade continuity agreement does not just continue on with all of the provisions of the EU Comprehensive Economic Trade Agreement, or CETA. In the view of the Green Party, there are many flaws in the EU CETA that we would not like to see carried over in this Canada-U.K. agreement. If this agreement is extended by resolution, then a comprehensive and transparent review will be triggered and must include local communities, indigenous peoples and civil society organizations.

I propose that Bill C-18 be amended by adding after line 2 on page 6 the following new clause, clause 15.1:

(1) Sections 1 to 15 cease to have effect at the end of the 15th sitting day of Parliament after the third anniversary of the coming into force of this subsection unless, before the end of that day, the operation of those sections is extended by resolution—whose text is established under subsection (6)—passed by both Houses of Parliament in accordance with the rules set out in subsection (8).

(2) The related amendments enacted by sections 16 to 49 also cease to have effect upon sections 1 to 15 ceasing to have effect.

(3) A comprehensive review of sections 1 to 15 and their operation must be undertaken by any committee of the Senate, of the House of Commons or of both Houses of Parliament that may be designated or established by the Senate or the House of Commons, or by both Houses of Parliament, as the case may be, for that purpose.

(4) The comprehensive review of sections 1 to 15 and their operations must

(a) take into account the perspectives of various groups, including local communities, Indigenous peoples and civil society organizations such as registered charities, non-governmental development organizations, labour unions, environmental organizations, community groups, human rights organizations and advocacy groups; and

(b) include an assessment of their impact in relation to Canada's sovereignty, the economy, jobs, trade balances, regulatory capacity, human rights, labour and environmental standards, the conduct of foreign investors in Canada and of Canadian investors in the United Kingdom, as well as on the rights of Indigenous peoples recognized and affirmed by section 35 of the Constitution Act, 1982.

(5) The committee referred to in subsection (3) must, within a year after a review is undertaken under that subsection or within any further time that may be authorized by the Senate, the House of Commons or both Houses of Parliament, as the case may be, submit a report on the review to both Houses of Parliament, including its recommendation with respect to extending the operation of sections 1 to 15.

[Rachel Bendayan, Liberal, Outremont, QC]

Thank you, Madam Chair.

I'd like to thank my colleague Ms. Kwan for moving this proposed amendment, but I believe that she and all members understand that the Constitution holds primacy over all other domestic legislation that we implement, including Bill C-18, and that the Constitution does recognize exactly what is being proposed in this amendment, so it is unnecessary. I would mention as well the importance of not including unnecessary additions into our agreements, because at that point, you can ask yourself the question, “Why aren't other constitutional rights, which are similarly important to all Canadians, not also mentioned specifically?”

I would also note that I did just this week speak to the Canadian Council for Aboriginal Business. I am working hand in hand with indigenous groups in order to ensure that their voices are heard in all trade negotiations, and have specific requests from that association to move forward on our negotiation of a comprehensive free trade agreement with the United Kingdom.

Thank you very much, Madam Chair, and while I appreciate the intent of my colleague's proposed amendment, I will not be voting in favour of it.

[The Chair, Liberal, Judy Sgro]

I'll call the meeting back to order for clause-by-clause consideration of Bill C-18.

With us for witnesses, from the Department of Foreign Affairs, Trade and Development, we have Doug Forsyth, director general for market access and chief negotiator, Canada-United Kingdom trade continuity agreement; Allison Trenholm, deputy chief negotiator, Canada-United Kingdom trade continuity agreement; and Torsten Ström, general counsel, trade law bureau. We also have Brad Norwood from the Department of Finance. I believe he is going to be joining us as well.

Thank you all very much.

As we move forward on this, let's all be patient and go slowly.

We have our analysts with us. We have all of our advisers there to make sure we're going in the right direction with this, too, if we have any questions.

Pursuant to Standing Order 75(1), consideration of clause 1, the short title, is postponed.

I will now call the clauses.

Do I have unanimous consent to group the clauses when there are no suggested changes?

Is everyone in favour of that? All right, I will—

[Daniel Blaikie, NDP, Elmwood—Transcona, MB]

However, you have talked about other issues with Bill C-18. Is that true? People have brought issues to your attention about the bill and the concerns about delay?

[Daniel Blaikie, NDP, Elmwood—Transcona, MB]

Nobody in your group has raised concerns about a delay in the implementation of Bill C-18 because of a non-derogation clause with respect to indigenous rights. That hasn't come to your attention.