I would like to thank the committee for the opportunity to speak to this trade agreement, and for their travelling outside of Ottawa to meet with us today.
NAFTA, WTO, CETA, Trans-Pacific Partnership, FIPA, TAFTA, TTIP—these are all a progression of agreements that are essentially ceding national sovereignty to so-called trade agreements. The agreements are largely anti-democratic, and one of the biggest reflections of this is in the secrecy of the negotiations. I recall the debate over the Canada-United States Free Trade Agreement, and then later NAFTA. This was debated openly, and the text was published openly at the time.
Now, we have seen a shift in how citizens are regarded in the process of negotiating these pieces. These are really corporate constitutions. Trade liberalization is a political philosophy, replacing the state with private enterprise and markets. It's not about deregulation or liberalization, but free regulation in the corporate interest—and of the largest corporate interests in the world.
Canada is adjusting legislation just to enter into negotiations. For example, UPOV 91 last year was commissioned in order to get into this. New Zealand is required to adopt it within three years of the Trans-Pacific Partnership being instated.
We are giving up sovereignly to investor-state dispute settlement mechanisms, as we previously have in NAFTA in chapter 11, and this leads to a regulatory chill. But this new breed of agreements is now penetrating to the subnational level, both to the provincial and municipal levels. All provisions of earlier agreements giving “most favoured nation” status are grandfathered into the next agreement.
What is “most favoured nation” status? Well, you cannot give a local supplier of a good or service any more favourable treatment than you would give to any other party that is kin to these agreements. Of course, one agreement also leads to any other. TPP says that if you have granted to any other party favoured-nation status in any other regard, you have to grandfather it into this one. Of course, this has detrimental effects for those local businesses, and then the taxpayers who are paying for the projects.
Government procurement is a big issue. At the federal level, $135,000 is the threshold at which this agreement will apply, and at the provincial and municipal levels it is $335,000, which is not very much. It's $5 million for construction projects.
Along with this, there's the prohibition of offsets in these agreements.
How is an “offset” defined? An offset means any condition or undertaking that encourages local development or that improves a party's balance of payment account, such as the use of domestic content, the licencing of technology, investment, counter trade, and similar actions and requirements. Fundamentally, if you're in a balance-of-trade deficit position, never except for a very short period of time in an emergency situation can you do anything about it with another trading party.
Then we get into expropriation or tantamount-to-expropriation regulations. Again, regulation in the public interest could be construed as a tantamount to expropriation, preventing a private entity from exercising its rights over its property. Again, this leads to a regulatory chill for the individual nation state.
Intellectual property in these agreements is extended to third parties. There's privacy of data, but local food policies are jeopardized by cover procurements, whereby government entities, municipalities, universities, schools, hospitals, etc., would procure local food but would be restricted from the most-favoured-nation status requirements.
In conclusion, we used anti-combines legislation in the past to break up private near-monopolies because the government saw the harmful impact on our economies. Now we have international corporations that are dwarfing these earlier entities, and we put trade agreements in place to bolster their strength economically and politically.
The two are not separate. These behemoths are fragile and often inefficient, but they need governments to enforce their power and privilege against their citizens. We give up to a large extent our ability to govern in the public interest.
I'll close there by concluding that in the agriculture sector I represent we've gone through a number of these agreements over time, and we've seen a reduction in the number of farmers, an increase in the average age, and a massive increase in the average debt load. I would challenge the presumption these have been beneficial to the agriculture sector. I would endorse the previous person's comments.