Evidence of meeting #44 for International Trade in the 45th Parliament, 1st session. (The original version is on Parliament’s site, as are the minutes.) The winning word was list.

A recording is available from Parliament.

On the agenda

Members speaking

Before the committee

Wilshaw  Senior Assistant Deputy Minister, International Trade and Chief Trade Commissioner, Department of Foreign Affairs, Trade and Development
Hamilton  Director General, Traveller, Commercial and Trade Policy Directorate, Canada Border Services Agency
McDonald  Director General, North America Trade Policy Bureau, Department of Foreign Affairs, Trade and Development
Brookfield  Director General, Sanctions and Strategic Export Controls, Department of Foreign Affairs, Trade and Development
Toxopeus  Director General, Commercial Program Directorate, Canada Border Services Agency

11:30 a.m.

Director General, Sanctions and Strategic Export Controls, Department of Foreign Affairs, Trade and Development

Robert Brookfield

Yes. I would say that this is the goal. Of course, there will be debates in Parliament about whether the proposed bill would achieve that goal. However, the goal is to create a clearer and simpler system through a single piece of legislation, rather than multiple pieces of legislation as in the United States. As I said earlier, the goal is also to create a more flexible list than what the American system proposes, at least in part.

Linda Lapointe Liberal Rivière-des-Mille-Îles, QC

I gather that it will be easier to set this up and put it into effect.

11:30 a.m.

Director General, Sanctions and Strategic Export Controls, Department of Foreign Affairs, Trade and Development

Robert Brookfield

That's the goal.

Linda Lapointe Liberal Rivière-des-Mille-Îles, QC

How will the list of high‑risk goods be established? Can it be developed in conjunction with the legislative process for Bill C‑35?

11:30 a.m.

Director General, Sanctions and Strategic Export Controls, Department of Foreign Affairs, Trade and Development

Robert Brookfield

Bill C‑35, as currently drafted, would give the Minister of Foreign Affairs the authority to establish the list. As I said earlier, the minister said that consultations would be held on how to create the list. Of course, the bill could be amended. However, based on the current proposal, the decision to add items to the list or to remove them would be up to the Minister of Foreign Affairs.

Linda Lapointe Liberal Rivière-des-Mille-Îles, QC

You said earlier that consultations had already taken place, but that they would continue during the summer.

11:30 a.m.

Director General, Sanctions and Strategic Export Controls, Department of Foreign Affairs, Trade and Development

Robert Brookfield

Yes. Minister Anand said that consultations would be held this summer. The main topics would be how to create the list, the issue of evidence and, perhaps, the key factors involved in deciding whether something should be added to the list.

Linda Lapointe Liberal Rivière-des-Mille-Îles, QC

Thank you.

11:30 a.m.

Conservative

The Vice-Chair Conservative Adam Chambers

You're right on time. Thank you.

Mr. Bonin, you have the floor.

Patrick Bonin Bloc Repentigny, QC

I'll try to do the same, Mr. Chair.

You just said that the bill would make things simpler than the current system in the United States, for example. Now, let's talk about a bill introduced by the Bloc Québécois. It proposes to target certain regions where forced labour is known to take place—such as the Uyghur region—and to require importers of goods from those regions to show that their products weren't produced using forced labour.

It seems simpler to tell an importer that, if their products come from a region where forced labour takes place, they must prove to us that their products weren't produced using forced labour. I don't understand your argument that the proposed approach involving a list established by the government would be simpler than putting the onus on the importers that bring in products from a region where forced labour is known to take place.

11:35 a.m.

Director General, Sanctions and Strategic Export Controls, Department of Foreign Affairs, Trade and Development

Robert Brookfield

I'm sorry, but I don't exactly understand the question, because the bill proposes to do exactly that. A list will be created by the Minister of Foreign Affairs. If a product ends up on the list and is linked to a region or an individual—

Patrick Bonin Bloc Repentigny, QC

I'm well aware of what the bill proposes.

You answered my colleague opposite that having a list would be simpler than the U.S. system, for example. We in the Bloc Québécois have introduced a bill on this subject that states that…. It's unfortunate, I lost a minute because you didn't understand the question. In short, you said that it was simpler to have a list than to have the equivalent of what there is in the United States, where sectors are identified and where importers of goods from those sectors are required to prove that there was no forced labour.

11:35 a.m.

Director General, Sanctions and Strategic Export Controls, Department of Foreign Affairs, Trade and Development

Robert Brookfield

There's a more flexible element. From what I understand, the U.S. law directly names regions. That means the law has to be amended to make any changes to the established regions. Bill C‑35 would enable the Minister of Foreign Affairs to change the list without having to amend the law.

Patrick Bonin Bloc Repentigny, QC

It's simpler for the government, then. In fact, who is that simpler for?

11:35 a.m.

Director General, Sanctions and Strategic Export Controls, Department of Foreign Affairs, Trade and Development

Robert Brookfield

It's more flexible. It makes it possible to add or remove regions. I think that's what I said.

Patrick Bonin Bloc Repentigny, QC

No, you said it was simpler. That's not the same thing.

11:35 a.m.

Director General, Sanctions and Strategic Export Controls, Department of Foreign Affairs, Trade and Development

Robert Brookfield

I think I said “flexible”, but—

Patrick Bonin Bloc Repentigny, QC

Is it complicated to identify sectors, as the United States does, and require proof that no products are made with forced labour? Could we do that in Canada?

11:35 a.m.

Director General, Sanctions and Strategic Export Controls, Department of Foreign Affairs, Trade and Development

Robert Brookfield

The bill will mean that the list has to be prepared, yes.

Patrick Bonin Bloc Repentigny, QC

No, that's not what my question is.

Could we do the equivalent of what the United States does, that is, identify sectors or places where forced labour exists and require importers to prove that there are no products made with forced labour?

11:35 a.m.

Director General, Sanctions and Strategic Export Controls, Department of Foreign Affairs, Trade and Development

Robert Brookfield

Parliament could, as in the United States, decide that certain regions are associated with forced labour and require that a certain process be put in place when products come from those regions. If Canada were to do that, any changes to the regions or the details would also require an amendment to the law.

Patrick Bonin Bloc Repentigny, QC

Do you have discussions with the United States to see what they're doing and what products are being seized because they're considered to be made with forced labour? You don't seem to be aware of the situation for basic goods. Have you had any discussions with them to develop your bill?

11:35 a.m.

Director General, Sanctions and Strategic Export Controls, Department of Foreign Affairs, Trade and Development

Robert Brookfield

I have not personally.

11:35 a.m.

Conservative

The Vice-Chair Conservative Adam Chambers

I'm going to interject. We can follow up with an answer in the next round. It will be the first. You could ask the same question, or you don't even have to bother asking the question. We'll just start with the answer in the next round, if you like, to save some time.

Mr. Mantle, go ahead.

11:35 a.m.

Conservative

Jacob Mantle Conservative York—Durham, ON

Thank you, Mr. Chair.

I want to come back to your comments, Ms. Wilshaw, that there's no list that is currently used. Did I understand from your testimony or evidence that there's no list yet?