Chair, all these comments are about why I find it troubling that we're putting a finite time limit on ending debate on this piece of legislation. Our job as legislators is to take a piece of legislation and make it the best piece of legislation we can put before the House of Commons. That's my job. That's my pledge to the people I'm here to represent. This is a flawed piece of legislation and we can make it better.
Again, we all gave support at second reading. We also support supply management. To go back, I worked for the Dairy Farmers of Ontario during the 1990s and early 2000s, and I deeply support supply management. However, this bill is flawed. This is about taking a piece of legislation and making it better. Mr. Savard-Tremblay's motion prevents me from taking the necessary time to make this a better bill.
It's my right as a parliamentarian to use the information that I'm prepared to share, which is explaining to you why government officials in 2021 were adamantly opposed to legislation similar to this bill. However, today they are not. I think we need more examination. That's why we're calling for further studies. That should be looked at.
I'm just sharing with you my thoughts on this, Madam Chair. I'm going to continue doing that.
During the committee's hearing on this legislation on June 11, 2021, trade officials were able to attend and speak to this bill and present their feelings on the proposed actions to formalize excluding supply management from future trade agreements that Canada undertakes. I think it's important to present this information.
Doug Forsyth, director general of market access at the Department of Foreign Affairs, Trade and Development, stated in his opening remarks on June 11, 2021, “The intent of the bill is consistent with the long-standing Government of Canada policy to defend the integrity of Canada's supply management system.” We're all here and we can all share those views.
He then goes on to indicate some concerns when he mentions the following:
...amendment of the departmental act in the way in which Bill C-216 proposes carries risks. By limiting Canada's ability to engage on these issues, this amendment would invite negotiating partners to narrow the scope of their own potential commitments, taking issues off the table from the outset of negotiations, likely in the areas of commercial interest to Canada. This narrows possible outcomes, precludes certain compromises and makes it harder to reach an agreement.
Addressing the interest of any specific sector in the act would set a precedent that could lead to demands for additional amendments to reflect other foreign and trade policy objectives, including sectoral interests, further constraining the government's ability to negotiate and sign international trade agreements and, more generally, to manage Canada's international relations.
Further on in his opening remarks, he mentions this:
The government has made public commitments not to make further concessions on supply-managed products in future trade negotiations. In fact, Canada has been able to successfully conclude 15 trade agreements that cover 51 countries while preserving Canada's supply management system, including its three pillars: production control, pricing mechanisms and import controls.
Most recently, the Canada-United Kingdom Trade Continuity Agreement fully protects Canada's dairy, poultry and egg sectors and provides no new incremental market access for cheese or any other supply-managed product. Where new market access has been provided, specifically and exclusively in the Canada-European Union Comprehensive Economic and Trade Agreement, CETA; the Comprehensive and Progressive Agreement for Trans-Pacific Partnership, or CPTPP; and the Canada-United States-Mexico Agreement, CUSMA, the access was deemed necessary to include an agreement that was in Canada's interest.
While new access was provided in those agreements, the supply management system and its three pillars were maintained. These outcomes were part of the overall balance of concessions through which Canada maintained preferential market access to the United States and secured new access to the European Union, Japan, Vietnam and other key markets.
In conclusion, while the spirit of Bill C-216 is consistent with the government's policy of defending the integrity of Canada's supply management system, amending the Department of Foreign Affairs, Trade and Development Act as proposed by the bill would change its nature and create risks.
During that hearing, my colleague Mr. Aboultaif from Edmonton Manning asked Mr. Forsyth the following question:
With different markets and different conditions when you negotiate trade deals, you have to have flexibility and you have to have options in order to be able to achieve agreements. I know that Bill C-216 is aiming to somehow further protect supply management or preserve it, as Mr. Forsyth just said, but in the meantime, it carries risk, which Mr. Forsyth also stated in his opening remarks.
What I'm interested in is this. Although we've signed so many trade agreements without having to really jeopardize the supply management system and we have successfully done that throughout its history—and we have so many trade agreements that I don't have to mention it at the moment—the question is, are there any live examples out there that can advise us on what the consequences will be in the long run if Bill C-216 is implemented, since we know that we will lose that flexibility and we will be limiting our team of negotiators on the road when they try to achieve trade agreements with countries in the world?
Mr. Forsyth's remarks were revealing in the sense that they told us what would happen if proposed legislation such as Bill C-282 were to be implemented. Speaking to Bill C-216 Mr. Forsyth states:
I would just note off the top that our supply management system, as you've indicated, has not stopped us or hampered us from concluding any trade agreements, but I think what is certainly possible is that the wording proposed for this bill will give trade negotiating partners pause with respect to wanting to engage with Canada. From a trade negotiator's perspective, when we start a negotiation, we like to start with the full possibility of access in the back of our minds, whether or not that's where we end up. It's rarely the case that you would see 100% access in any free trade agreement, but you like to at least start with that notion in mind.
As you go through a negotiation with your various partners, you find that interests are enunciated, elaborated and narrowed down. You understand what's in the art of the possible, but you like to start as wide as possible when you do launch those negotiations. When you start—
I think this is key.
—from a very narrow band of possibilities and then that gets narrowed, the scope of the negotiations and the scope of the agreement is very much smaller than you would have seen otherwise.
If we were to end up with this bill as it is written, I think very much that we would start with a much smaller scope of negotiations with various partners. It wouldn't be unusual for them to say “That's fine. Canada has taken these issues right out of play. We will take issues that are of interest to Canada right out of play.” Then you're talking about negotiating from a smaller pie, as it were.
I think that's huge.
Then Mr. Aaron Fowler, who was chief agriculture negotiator and director general of trade agreement and negotiations at the Department of Agriculture and Agri-Food at the time, provided some comments on this by indicating, “I would certainly agree with everything Doug has said so far and associate myself with his response.”
Further on in questioning, presented this time by Ms. Bendayan from Outremont, Mr. Forsyth was asked, “Mr. Forsyth, could you explain to us whether, in your view, the adoption of this bill is necessary for the government to continue to defend Canada's supply management system?” Mr. Forsyth responded with this:
As I mentioned in my opening statement, since supply management was introduced, which was well over 50 years ago, various governments of various stripes have been very clear about defending the supply management system and ensuring that everyone understands how well it works for producers and farmers all across Canada.
I think the government has done a very good job of promoting and ensuring that all of our trading partners understand what supply management is. It's certainly part and parcel of all trade negotiators' mandates that we understand it well, that our trading partners understand it well, and that throughout the world, whether bilaterally or multilaterally—for example, at the World Trade Organization—it is well known what Canada's policy is.
To answer your question as to whether it would have any effect, I think that, as I said, the policy is well known and well understood, so I am not sure that there would be any.
Imagine my surprise, then, when after reviewing just some of the testimony from 2021, some differing views began being postulated by government trade officials when they came before us to examine Bill C-282.
I want to again bring into the record some of the comments of Mr. Fowler, who is now the associate assistant deputy minister at the Department of Foreign Affairs, Trade and Development. He provided opening comments during his visit to our first session. In his comments, Mr. Fowler stated:
The intent of [Bill C-282] is consistent with the long-standing Government of Canada policy to defend the integrity of Canada's supply management system. In practice, this policy has allowed Canada to successfully conclude 15 ambitious free trade agreements covering 51 countries while preserving Canada's supply management system, including its three pillars of production control, pricing mechanisms and import controls.
These comments are almost verbatim to those provided in 2021; however, Mr. Fowler then goes on to indicate:
...Bill C-282 proposes to make the government's commitment to make no further market access commitments for supply-managed products into a legal requirement by amending the Department of Foreign Affairs, Trade and Development Act. This would strengthen the policy of defending the integrity of Canada's supply management system by enshrining it into law.
These comments seem to contradict the viewpoints and position of government officials, primarily those of Mr. Forsyth, who on Friday, June 11, when speaking to Bill C-216 from the 43rd session of Parliament, stated:
By limiting Canada's ability to engage on these issues, this amendment would invite negotiating partners to narrow the scope of their own potential commitments, taking issues off the table from the outset of negotiations, likely in the areas of commercial interest.... This narrows possible outcomes, precludes certain compromises and makes it harder to reach an agreement.
Madam Chair, I think I'll wrap up my comments there and leave it to my colleague Mr. Seeback.