Thanks, Margaret.
Mr. Chair, as Ms. Kenny mentioned, the WTO agreement on technical barriers to trade and the government's position that the bill's proposal to ban phosphorus content could constitute a violation under its terms.... The NAFTA obligations regarding technical regulations and standards are very similar if not identical in many instances to those set out under the TBT agreement.
Article 2.2 of this agreement is of particular relevance here. It reads in part as follows:
Members shall ensure that technical regulations are not prepared, adopted or applied with a view to or with the effect of creating unnecessary obstacles to international trade. For this purpose, technical regulations shall not be more trade-restrictive than necessary to fulfil a legitimate objective...
The bill, if enacted as drafted, would constitute a technical regulation within the meaning of this agreement. In addition, the information available to us in respect of phosphorous, its sources, its effects on the environment, and actions being taking by our other jurisdictions strongly indicate that an outright ban on phosphorous content would be found to be more trade-restrictive than necessary.