House of Commons Hansard #92 of the 42nd Parliament, 1st Session. (The original version is on Parliament's site.) The word of the day was trans.

Topics

Canadian Human Rights ActGovernment Orders

3:25 p.m.

Liberal

The Speaker Liberal Geoff Regan

[The Speaker read text of motion to House]

(The House divided on the motion, which was agreed to on the following division:)

Vote #126

Canadian Human Rights ActGovernment Orders

3:35 p.m.

Liberal

The Speaker Liberal Geoff Regan

I declare the motion carried. Accordingly, the bill stands referred to the Standing Committee on Justice and Human Rights.

(Bill read the second time and referred to a committee)

Report Stage Amendments—Speaker's RulingPrivilegeGovernment Orders

3:35 p.m.

Liberal

The Speaker Liberal Geoff Regan

I am now prepared to rule on the question of privilege raised on June 6, 2016, by the hon. member for Saanich—Gulf Islands concerning the rights of members from unrecognized parties to propose amendments to bills at report stage.

I would like to thank the hon. member for having raised the matter, as well as the hon. Parliamentary Secretary to the Leader of the Government in the House of Commons and the member for Beloeil—Chambly for their comments.

In raising this question of privilege, the member for Saanich—Gulf Islands pointed out that independent members had once had the right to submit motions to amend bills at report stage. She contended that this situation changed when every committee adopted identical motions which required independent members instead to submit their amendments during clause-by-clause consideration of bills in committee. By committees doing so in concert, she surmised that they were no longer masters of their proceedings and had supplanted the role of the Standing Committee on Procedure and House Affairs, which has the mandate to review House procedures, including report stage. With different bills at different committees, she characterized the new process as “...impractical, unworkable, and prejudicial to my rights”. She contended that the result of the procedure in question was that members from non-recognized parties were subject to a different category of rights and privileges.

The Parliamentary Secretary to the Leader of the Government in the House of Commons suggested that, on the contrary, the member’s ability to participate in the process of amending legislation and thus discharge her parliamentary functions, has been facilitated by committees having adopted such motions so as to allow members from non-recognized parties to propose amendments in committee.

The matter raised by the member for Saanich—Gulf Islands calls into question the legitimacy of the manner in which members from non-recognized parties are required to participate in the process of amending legislation. The member is asking the Chair to agree that there is greater legitimacy in allowing such members to propose their amendments at report stage rather than in committee.

As has always been the case, there are two opportunities in the legislative process for members to propose amendments to the actual text of a bill—first, during a committee’s clause-by-clause consideration of a bill and, second, at report stage. That is not to say that both opportunities are the same in all respects. In fact, over time our rules and practices have evolved such that committees are and have been for some time the primary vehicle for amending legislation. Speaker Milliken’s ruling of March 21, 2001, emphasized this reality when he stated at page 1993 of the House of Commons Debates:

...I would strongly urge all members and all parties to avail themselves fully of the opportunity to propose amendments during committee stage so that the report stage can return to the purpose for which it was created, namely for the House to consider the committee report and the work the committee has done, and to do such further work as it deems necessary to complete detailed consideration of the bill.

In fact, modifications to Standing Order 76.1, adopted in 2001, provided that the Speaker would not normally select at report stage any amendments that were either previously ruled out of order in committee or that could have been proposed during the committee stage.

More recently, in a ruling delivered on June 9, 2015, on page 14830 of the Debates, my predecessor, the member for Regina—Qu'Appelle, reminded members that report stage:

...is not meant to be another opportunity for detailed consideration of the clauses of the bill. For this reason, the Chair rigorously limits the types of motions that could be considered at report stage. In so doing, the Chair rests on the presumption that a committee's clause-by-clause consideration provides ample opportunity to scrutinize the clauses of the bill and have amendments considered accordingly.

Thus, there can be no mistaking either the will of the House or the role of the Speaker when it comes to the purpose of report stage compared to that of committees with respect to amending legislation.

While the member for Saanich—Gulf Islands may recognize this in principle, she has argued that its practical application for members of non-recognized parties is fraught with difficulties, to the point of impeding her ability to fulfill her parliamentary functions. She has concluded that the adoption of identical motions by all committees constitutes proof that they are no longer masters of their own proceedings.

House of Commons Procedure and Practice, Second Edition, explains on page 1047:

The concept refers to the freedom committees normally have to organize their work as they see fit and the option they have of defining, on their own, certain rules of procedure that facilitate their proceedings.

As recently as May 9, 2016, in a report stage ruling, I addressed this very issue. In doing so, it was made clear that, as committees continue using their flexibility as masters of their proceedings to allow all members the opportunity to propose amendments, the Chair expects members, in turn, to avail themselves of that opportunity.

At page 3045 of Debates, I stated:

...the Chair will be stricter in exercising his authority at report stage. Unless truly exceptional circumstances arise, the Chair will not select report stage motions that could have been moved in committee. I encourage all members to make efforts to have amendments dealt with in committee, so that report stage does not become a repetition of the committee clause-by-clause study of a bill.

In being asked to determine the procedural validity of committees’ actions in adopting these motions, the Chair is ever mindful of the longstanding practice that it must refrain from reaching into the internal procedures of committees, except where a committee reports back to the House requesting such intervention.

Thus, in the absence of a report from any of the committees about this matter, the Chair must presume that the correct procedures—including the requisite notice, debate, amendment and decision—were followed and that a majority of the members of each committee supported the adoption of the motions in question.

That committees are left to determine how best to proceed in order to carry out their mandate is an embedded principle. In a ruling delivered on June 6, 2013, on a similar motion adopted by the Standing Committee on Finance in the previous Parliament, my predecessor noted, on page 17797 of the Debates:

It should come as no surprise to members that the House and its committees frequently resort to procedural motions to facilitate the flow of business. Procedure in committee is particularly fluid and varied, and many committees routinely use a wide array of processes to organize their work.

In fact, committees frequently adopt substantive motions with text that is virtually identical on a variety of subjects. For instance, at an organization meeting, many committees adopt routine motions related to the distribution of documents to committee members, the treatment of in camera transcripts, the presence of staff during in camera meetings, and the reimbursement of witnesses, to name a few. That these motions are often substantially similar or even identical speaks to the development of best practices in committee procedure and to the need for the adaptation of procedure to changing circumstances.

Moreover, the Chair is unable to conclude that the various committees, by way of adopting these motions, have in any way usurped the role of the Standing Committee on Procedure and House Affairs. In fact, the role of that committee remains distinct and intact, as its authority in reviewing procedures and practices continues to stand concurrently with, yet separately from, committees' authority to determine their internal procedures. It is only the House that could decide otherwise.

The role of the Speaker in protecting the rights and privileges of all members is indisputably of the highest importance and one that I take very seriously. In the present circumstances, the Chair believes that the right of members of non-recognized parties to amend legislation has neither been diminished nor removed. Instead, it has been safeguarded, albeit through a process that the member for Saanich—Gulf Islands evidently dislikes and finds difficult to manage.

Accordingly, I cannot find that a prima facie question of privilege exists in this case. I thank the House for its attention in this matter.

I wish to inform the House that, because of the deferred recorded divisions, government orders will be extended by 27 minutes.

Food and Drugs ActGovernment Orders

3:45 p.m.

Liberal

The Speaker Liberal Geoff Regan

There being no motions at report stage on this bill, the House will now proceed, without debate, to the putting of the question of the motion to concur in the bill at report stage.

Food and Drugs ActGovernment Orders

3:45 p.m.

Liberal

MaryAnn Mihychuk Liberal Kildonan—St. Paul, MB

moved that the bill be concurred in.

(Motion agreed to)

Food and Drugs ActGovernment Orders

3:50 p.m.

Liberal

The Speaker Liberal Geoff Regan

When shall the bill be read a third time? By leave, now?

Food and Drugs ActGovernment Orders

3:50 p.m.

Some hon. members

Agreed.

Food and Drugs ActGovernment Orders

3:50 p.m.

Liberal

MaryAnn Mihychuk Liberal Kildonan—St. Paul, MB

moved that the bill be read a third time and passed.

Food and Drugs ActGovernment Orders

3:50 p.m.

LaSalle—Émard—Verdun Québec

Liberal

David Lametti LiberalParliamentary Secretary to the Minister of International Trade

Mr. Speaker, I am pleased to have this opportunity to rise before the House today to speak to Bill C-13, legislation that would allow Canada to ratify the World Trade Organization's Agreement on Trade Facilitation, or TFA for short.

I would like to begin by thanking the Standing Committee on International Trade for its prompt and thorough review of Bill C-13 at the committee stage. Business associations appeared before the committee and raised a specific concern regarding a clause of the bill. I understand that the concern was rightfully addressed by the committee members through collaboration among themselves and with the business association in question, and they did this through an amendment, so I congratulate them.

I would also like to thank the hon. members opposite for recognizing the benefits of the TFA, and as a result, supporting this important piece of legislation.

The bill before us needs to be passed in a timely manner to allow Canada to implement our commitments under the TFA. As the first multilateral trade agreement concluded since the creation of the WTO more than two decades ago, the TFA is a monumental achievement for the global trading system. At its core, the agreement is about better, freer, and more open trade.

The world's developing and least-developed countries would particularly benefit from its trade-facilitation provisions, as would small and medium-sized enterprises in Canada and around the world.

Trade facilitation is essential for export competitiveness. The benefits of making it easier for goods to flow across borders are especially important in today's trading landscape, in which global production with value chains requires inputs and materials to clear customs in a timely fashion.

Some 95% of all companies worldwide are SMEs, and they, in particular, would benefit from the opening and easing of these kinds of restrictions.

Similarly, these businesses account for roughly half of the world's GDP and 70% of jobs globally when SMEs in formal and informal sectors are taken into account. However, gaining access to new markets is particularly difficult for SMEs and developing countries, which are disproportionately affected by trade costs.

Small businesses are less equipped and do not have the same resources as their larger competitors for dealing with heavy-handed and complex customs procedures. Related costs can be huge. In fact, a delay of just one day at the border can add 1% to the cost of a shipment.

Expediting release processes and customs clearance operations at international borders is therefore crucial to international trade. That is where the trade facilitation agreement comes in.

The TFA will help boost global trade by implementing measures to expedite the movement, release, and clearance of goods at the border. It also includes provisions to promote closer co-operation among the various border services.

For exporting companies, the TFA will reduce the cost of trade activities on the international scene by ensuring faster, simpler, and more predictable cross-border trade.

For governments, the improvements brought about by the TFA will reduce the potential for corruption and reinforce the process for collecting tariff revenues, particularly in developing economies.

Creating the best conditions for international trade for developing countries is not just a worthy cause. It also comes with tangible economic benefits.

In fact, the WTO estimates that full implementation of the TFA could boost global merchandise exports by up to $1 trillion, including the up to $730 billion in export opportunities it will accrue to developing countries. The TFA should encourage trade between developing countries.

Trade costs for WTO members will decrease by an average of 14%, including an average of nearly 17% for least-developed countries.

Lowering trade costs for developing countries can increase trade, improve economic growth, and reduce poverty.

Here in Canada, less red tape on exports would help Canadian businesses, particularly SMEs, to export products to the fast-growing markets of Asia, Africa, and Latin America.

The TFA clearly represents a winning situation for Canada and the global trading community. Considering the benefits of the TFA for developed countries and developing countries alike, it is not surprising that the reaction from Canadian and foreign stakeholders has been beyond positive. The Business Council of Canada, the Canadian Chamber of Commerce, Canadian Manufacturers & Exporters, a great number of agriculture and agrifood associations, as well as the B20, a coalition of leaders from 25 countries, all agree that the TFA should be implemented quickly.

Canada is a trading nation with an export economy. Trade currently represents 60% of Canada's annual gross domestic product, and one in five jobs is dependent on exports. We know that trade helps to improve people's standard of living and stimulates prosperity.

Trade helps companies grow, succeed, be innovative, and be competitive. In turn, this creates good paying jobs for the middle class and those working hard to join it. But we want to grow trade the right way. We want to ensure that all segments of society can benefit from global economic opportunities. That is why our government is promoting inclusive and sustainable economic growth in Canada and around the world as part of its progressive trade agenda.

Ratifying the TFA is an important part of these efforts. The agreement would cut red tape at the border and help Canadian businesses as well as those in developing nations to take better advantage of global trading opportunities. In addition, through our active participation in WTO initiatives like this one, we underscore our support for stronger and more predictable international trade rules, as well as the multilateral instrument that is the WTO.

The TFA will not enter into force until two-thirds of WTO members have ratified it. As of today, more than 90 WTO members have ratified the agreement, including all of Canada's major trading partners. Only 16 more are needed. Canada is the only G7 country that has not yet ratified the TFA. We are also one of only four G20 countries that have not yet ratified it. Canada committed at last month's G20 leaders summit to ratify the TFA by the end of 2016. Canada should do its part to bring the TFA into force as soon as possible.

The Standing Committee on International Trade has completed its exhaustive review of Bill C-13. In my view, Bill C-13 is ready for consideration by the Senate. I urge my hon. colleagues to vote in favour of the bill today so that work to promptly enact this legislation can continue. Members' support for the bill before the House will allow Canada to ratify the TFA and join our international partners in making trade freer, easier, and more predictable.

Food and Drugs ActGovernment Orders

4 p.m.

Conservative

Marilyn Gladu Conservative Sarnia—Lambton, ON

Mr. Speaker, I would agree with the hon. member that trade is really important for creating jobs, and I am interested in hearing more about the reduction in bureaucracy at the borders. I am in a border community, which is currently struggling with some of the things the federal government has put in place, including difficulties with the pre-notification system.

I would ask the member to comment on the bureaucratic reductions that are coming with the WTO.

Food and Drugs ActGovernment Orders

4 p.m.

Liberal

David Lametti Liberal LaSalle—Émard—Verdun, QC

Mr. Speaker, there is a wide swath of provisions in this bill. It would take forever to go through all of them.

Basically, it would make it easier for goods to get pre-clearance at customs and would also allow for goods in transit to a third country, through Canada to another nation or through other member nations, to get easier clearance. All of that fits together; hence ,the reason that the implementing legislation touches a number of different pieces of legislation in a variety of areas.

Food and Drugs ActGovernment Orders

4 p.m.

NDP

Robert Aubin NDP Trois-Rivières, QC

Mr. Speaker, I listened carefully to my colleague's speech.

Of course, we generally support this trade facilitation agreement, but we very seldom have unanimity in the House. This could be one way to help support SMEs.

The three parties all agreed that another way to help small and medium-sized businesses was to cut their taxes, although they did not agree on how quickly to do it. Some members wanted to cut taxes quickly, while others wanted to implement the cuts more gradually.

Given that most of the agreement's articles and rules are already in place, does the federal government plan to do more?

Is the government trying to do more to really help small and medium-sized businesses to expand and export internationally, for example by putting money back in their pockets?

Food and Drugs ActGovernment Orders

4 p.m.

Liberal

David Lametti Liberal LaSalle—Émard—Verdun, QC

Mr. Speaker, I thank my hon. colleague for his question.

We plan on supporting the trade facilitation agreements that we have brought forward in the House and to work with SMEs in order to help them identify export opportunities for their goods and services. That is the role of the Department of International Trade in this file.

Food and Drugs ActGovernment Orders

4 p.m.

Liberal

Kyle Peterson Liberal Newmarket—Aurora, ON

Mr. Speaker, I happen to be on the trade committee, as the parliamentary secretary knows, and I wonder if he could elaborate somewhat about the process we went through during clause-by-clause consideration of the bill, and how we were able to engage some stakeholders who had some concerns about some of the technical wording in the initial draft of the legislation.

Food and Drugs ActGovernment Orders

4:05 p.m.

Liberal

David Lametti Liberal LaSalle—Émard—Verdun, QC

Mr. Speaker, I thank the hon. member for his work on the committee.

Through the opposition members of the committee, we received an intervention by a business group at a fairly late stage. There were a couple of interventions. We looked at them carefully and, basically, between the Tuesday and Thursday period, committee members, businesses representatives, and technical people from the ministry succeeded in drafting and redrafting some of the regulations to achieve a result that was sought by all members of the committee. I really commend them. They worked hard with open minds in a very short period of time. I congratulate them.

Food and Drugs ActGovernment Orders

4:05 p.m.

NDP

Tracey Ramsey NDP Essex, ON

Mr. Speaker, New Democrats are, of course, supportive of the work that was done at committee and will support the bill at this reading stage.

My question really goes to the transportation of goods. There were a lot of conversations at the committee about the transportation of goods to be be opened up by this legislation but which are not approved in Canada. Of course, we had concerns for Canadian communities in the areas of public health, public safety, and the environment. I wonder if the hon. parliamentary secretary could share with us some of the assurances he received from Health Canada and Environment Canada on the fact that Canadian communities will be protected when these goods are being transported.

Food and Drugs ActGovernment Orders

4:05 p.m.

Liberal

David Lametti Liberal LaSalle—Émard—Verdun, QC

Mr. Speaker, I thank the hon. member for her work on the committee.

Indeed, I can only repeat the assurances we got from the various ministries involved to say that any products that come into Canada for re-export that are caught under this bill will not put Canadians in danger. They will not put any sector of our environment or any sector of our society in danger.

Food and Drugs ActGovernment Orders

4:05 p.m.

Liberal

Ken Hardie Liberal Fleetwood—Port Kells, BC

Mr. Speaker, over and above that dangerous goods that might pass through Canada, I am wondering about goods that we would perhaps not allow into Canada and would rather not see traded, such as ivory, shark fins, and those sorts of things. Has there been any thought given or provisions in this legislation to prevent those types of goods from passing through, even if they are on their way through to a third country?

Food and Drugs ActGovernment Orders

4:05 p.m.

Liberal

David Lametti Liberal LaSalle—Émard—Verdun, QC

Mr. Speaker, it is my understanding that those goods are prohibited, period, and they are not caught or saved in any way by this legislation.

Food and Drugs ActGovernment Orders

4:05 p.m.

Scarborough Southwest Ontario

Liberal

Bill Blair LiberalParliamentary Secretary to the Minister of Justice and Attorney General of Canada

Mr. Speaker, I also would like to add my thanks to the Parliamentary Secretary to the Minister of International Trade for his remarks and his very cogent explanation of the benefits of the full implementation of the TFA.

We have certainly come to understand that the implementation of this trade agreement will provide an opportunity to open up new markets for Canadian products, to grow businesses, and create jobs in this country.

Can the parliamentary secretary give us some idea of how these benefits can flow to Canadian businesses and companies so we can continue to grow our economy, create new opportunities for Canadians, and improve the quality of life of all of our people?

Food and Drugs ActGovernment Orders

October 18th, 2016 / 4:05 p.m.

Liberal

David Lametti Liberal LaSalle—Émard—Verdun, QC

Mr. Speaker, I will not focus my answer on large enterprises, because they have the means to familiarize themselves with trade rules and to get all the help they need through customs, customs brokers, etc. What I think this bill would really help are the small and medium-sized enterprises who perhaps do not have the means. The bill would facilitate the movement of goods and services and allow them to conceive of the possibility of trade.

Hopefully, we as a government will be able to promote the possibilities that become available under this agreement and take away the fear of trading by removing some of the stickiness involved in moving goods and services across border.

Food and Drugs ActGovernment Orders

4:05 p.m.

Conservative

Marilyn Gladu Conservative Sarnia—Lambton, ON

Mr. Speaker, this may be a bit of a detailed question, but I am curious. When we talk about bringing things through the country, Canada has quite specific labelling requirements for WHMIS, or transportation of dangerous goods. I am wondering, for the safety of the workers who might come into contact with these goods, if those standards would be applied, or other standards.

Food and Drugs ActGovernment Orders

4:10 p.m.

Liberal

David Lametti Liberal LaSalle—Émard—Verdun, QC

Mr. Speaker, I am afraid I do not have the answer at the tip of my tongue. We have worked with the various ministries, including the Minister of the Environment, who deal with hazardous goods. Again, they have given us assurances, but I would be happy to look into the question and get back to the hon. member.