Evidence of meeting #124 for Finance in the 42nd Parliament, 1st Session. (The original version is on Parliament’s site, as are the minutes.) The winning word was important.
A video is available from Parliament.
Conservative
Tom Kmiec Conservative Calgary Shepard, AB
By my count, Mr. Chair, two, five.... I'm all happy to stay here during.
Liberal
Conservative
Tom Kmiec Conservative Calgary Shepard, AB
Unless there are others who want to ask questions, I have one other thing.
Conservative
Dan Albas Conservative Central Okanagan—Similkameen—Nicola, BC
Thank you, Mr. Chair.
In regard to it, this act allows the Government of Canada to either withhold a benefit or to put in place imposed regulatory measures of equivalent effect under article 1013 of the agreement. Is that correct?
We are going to be putting the federal government.... There are two mechanisms here the federal government can impose.
What do you mean by withholding a benefit? What kinds of benefits may be taken away if a province or provinces are not complying with their obligations under the agreement?
Acting Director General, External and Trade Policy Branch, Innovation, Science and Economic Development Canada
With respect to this provision, chapter 10 is related to the dispute resolution chapter of the agreement, and one of the incentives that parties agreed on as a way to incent compliance with panel rulings through the dispute process is to have the ability to award monetary penalties to ensure that there are monetary consequences associated with not living up to panel decisions. Also, until such time as a party has paid up, there is also the withholding of the opportunity for residents of that party to the agreement to be able to access the dispute provisions. If someone doesn't pay up, then their citizens can't access the dispute process to go after another jurisdiction.
Conservative
Dan Albas Conservative Central Okanagan—Similkameen—Nicola, BC
Okay, let's say a province does not comply and the federal government decides to withhold benefits, including keeping other disputes from coming forward. Then they can apply to a federal court. Is that correct? There are two methods. You can go to the Governor in Council or you can go to a federal court for a court order. Is that correct?
Special Advisor, Strategy and Innovation Policy Sector, Innovation, Science and Economic Development Canada
It could be done through either the CFTA or federal law.
Conservative
Dan Albas Conservative Central Okanagan—Similkameen—Nicola, BC
Okay, so an individual could take their case to a federal court if either they weren't getting satisfaction from the Governor in Council or just on compliance with the panel decision. Is that correct?
Special Advisor, Strategy and Innovation Policy Sector, Innovation, Science and Economic Development Canada
It would be the suspension of benefits or the retaliatory measures that would be determined using either the CFTA or federal law. The CFTA chapter 10 dispute resolution processes have to be used for any CFTA-related disputes, not federal courts.
My apologies if I misspoke, but the point I made about federal law and federal courts was with respect to suspending benefits or imposing retaliatory measures.
Liberal
The Chair Liberal Wayne Easter
We have three questioners, so we are going to have to invite you back. I'm sorry for that.
Are you okay, Mr. Dusseault?
Liberal
The Chair Liberal Wayne Easter
You have a long question.
Okay, we will have to scramble for votes.
Are members okay if the witnesses come back before we start clause-by-clause? It's past the deadline for amendments.
Liberal
The Chair Liberal Wayne Easter
Are you okay with that?
We'll bring them back just as we start clause-by-clause and that's on Tuesday, October 21.
The meeting is adjourned.