Mr. Speaker, first I would like say how pleased I am to join in this debate today on the multilateral agreement on investment.
I do so in a number of capacities, as a member of the subcommittee on international trade disputes and investment and as a member of the standing committee on heritage.
Also, I rise today as a member of a riding that is home to many artists and individuals who are involved in the arts and cultural industry in Canada, a sector I am absolutely passionate about and care for very deeply.
I would like to start the debate by reiterating the key messages that the minister has been saying about the MAI. First, there is nothing mysterious or secretive about our involvement in the MAI negotiations. I believe that Canada has a duty to be there to protect that which is important to Canadians.
Second, if it can be achieved, a good and fair set of rules for international investment would in principle be a good thing for Canada.
Third, at the end of the negotiations, the minister will not sign on Canada's behalf an MAI that does not fully support key Canadian values and safeguard vital Canadian interests.
I would like to talk about one very important vital Canadian interest and Canadian value. That is the arts and cultural industry in Canada and what we as a government have been doing in consultation with the cultural sector and the individual actors, creators, writers, technicians, publishers who live in my riding.
We have been consulting with the minister. We have been going to the minister, having the minister's ear and the minister has been listening. Let me put that in the context of what I would ask all members to read, a report that was tabled at the Canadian Conference of the Arts by Garry Neil which sets out the problems with the original draft text that came out in May 1997.
In his report, Mr. Neil makes absolutely clear that according to that draft which was released, the cultural sector would be covered fully by the MAI as drafted in January 1997. Unfortunately I have to disagree with hon. members of the Reform Party that Canada can compete anywhere and in any sector, including the cultural sector. With all respect, they can only do so because of this government's cultural policy which advocates the creator and Canadian content and the infrastructure to take that Canadian content through the creator to our audiences in Canada. That has been our policy.
Mr. Neil goes on by saying that potentially with the January 1997 text as drafted, the MAI would affect in some way virtually every cultural policy. We may be able to compete today in children's programming for one reason alone, because we have a cultural policy that promoted children's programming.
Yes, we are world leaders in television programming for children. The Comfy Couch , Dudley the Dragon , things that our children and our grandchildren know about, have come about through one of those policies which has been the Canada cable and television production fund which is only given to Canadian companies. Those things would not have been created.
Let us see the impact the MAI in its 1997 form would have had on culture. Let us talk about what, if we had accepted that draft as written, it could potentially have done for culture. Particularly to Reformers who feel that culture should not be on the table, that it should just be part of this agreement, let me tell them what would happen.
Canada prohibits, limits or restricts foreign ownership in most of our cultural industries currently. For example, no foreign company can own more than one-third of a Canadian broadcaster or distribution undertaking, cable, satellite or otherwise.
The policy in the book trade generally prohibits a Canadian company from being sold to non-Canadian interests. The policy in film distribution prohibits a foreign company from establishing a new business in Canada, except to distribute its own productions.
Increased foreign ownership in the sound recording business is reviewed by investment Canada under the net benefits test. Ontario's periodical and publication distribution act and several Quebec statutes require Canadian ownership.
The other thing our government's policy does for culture is that funding programs are limited to Canadian individuals and firms. Access to most funding programs is denied to non-Canadian companies and individuals, for example funding support for film and television production activities through Telefilm, the provincial agency. The Canada Council is limited to Canadian firms.
If taxation is carved into the MAI, the support through the refundable investment tax credit and the companion provincial schemes are also at risk. The CRTC has been mandated by this government for the creation of private sector production and talent support programs in both the television and sound recording industries by directing licences to provide certain percentages of revenues for these purposes. These programs are generally not available to foreign firms.
Let us look at the book publishing industry development program, the block grant program of the Canada Council and the publication assistance program. They are limited to Canadian book and magazine publishers. Access is also limited to many funds that support new media productions, again limited to Canadian firms. The cultural industries development fund, administered by the former federal business development bank, provides assistance only to Canadian firms.
However, since the definition of investor in the MAI includes organizations and associations operated on a not for profit basis, direct and indirect funding of these activities may be subject to challenge if access is denied to a foreign association or organization having a Canadian presence or asset. Let us look at the Canadian content requirements. For a television program to qualify under Canadian content, the producers of that material must be Canadian.
Those are examples of this government's cultural policy not just to protect Canadian culture but to promote it, to ensure that we have a viable industry that, as Reform says, can compete anywhere in the world. That is because of this government's policy. If we look at that, we must also look to see what has to be done for our cultural sector. The subcommittee on the MAI and the Canadian heritage committee have been listening to what has to be done.
Mr. Neil has said in his report that first and foremost Canada must take a lead role and try to support the principle of the French government which is asking for a full exception. Currently the only exception in the MAI text as drafted in January 1997 is an exception for national security. The French addendum puts in a principle of cultural exception. Let us use that word clearly, exception.
We also listened to representatives from SOCAN, the society of Canadian composers, who came up with a review of different ways we could exempt culture. They came up with a broad definition of culture, one that differs from the NAFTA definition. When we consider where we were with culture years ago when NAFTA was drafted, we did not have the technology and the art we now have. They added words to it. Television and broadcasting are now part of it. The committee looked at that.
The same day we heard from SOCAN, the standing committee on heritage also heard from representatives from the Ministry of Industry who spoke about the multimedia industry. They told us how our cultural industries account for 25% of the multimedia industry. But that is not a definition in NAFTA. So the committee is listening. Perhaps the SOCAN exception is not sufficient. We have to continue to consult with heritage, with industry as to what the appropriate exceptions should be. Again, we are now talking about exceptions but that is not all we have to look at.
If we cannot get all the other countries to buy into the idea of an exception for culture as we have done for national security, then there is one other recommendation made by Mr. Neil in his report. If the broad exception is not agreed on, the country specific reservations must be unbound and new measures must be permitted.
I am happy to report that is exactly what the Minister for International Trade has stated. If we are not able to obtain a full out exception along the principles of the French exception, then Canada will accept nothing less than an unbound country specific reservation, the recommendation made by Mr. Neil at the Canadian Conference of the Arts.
The minister is listening and the committee is recommending the principles of SOCAN. Mr. Keith Kelly, the executive director of the Canadian Conference of the Arts, told us to make it self-judging and important, protect what is important to Canadians. That is what this government is going to do. If we do sign we will do so only when we have fully protected the cultural industries. We will not sign until we have a definition that covers not only the arts and cultural industries of today but the arts and cultural industries of tomorrow. Only in that way, by continuing with our present cultural policy of ensuring Canadian content and creation and the infrastructure to support it, only then will we be able to compete abroad.