Mr. Speaker, I thank the hon. member for bringing her unique voice to the House. CETA is clearly in Canada's national interest and we feel it is time for all of us to rally around it. On top of delivering tangible growth for our economy and opportunities for the middle class, CETA will provide a strong foundation for Canada and the EU to demonstrate leadership on what is truly a progressive accord, a green accord, a health accord, and a labour accord.
It also enshrines the right to regulate. The ICS provisions are something that the trade committee has looked at over the last few sessions. We will continue to work with the committee, and with our European partners as well.
International investment flows are a key driver of economic growth. European investments in Canada create jobs for Canadians and vice versa. These investments also create new trade opportunities where none have existed before. A comprehensive agreement such as CETA cannot ignore this crucial aspect of the economic relationship between Canada and Europe.
CETA establishes a framework for Canada and the EU to build on our already substantial investment ties. CETA's investment chapter is designed to give investors greater security, stability, certainty, and protection for their investments, and to secure access to each other's respective markets.
There is no opt-out provision held by any party for any element of CETA, but CETA has been deemed a mixed agreement and, therefore, requires ratification, as a whole, by each individual EU member state for things falling within their jurisdiction. Only after all parties have ratified CETA will the ICS mechanism for the resolution of investment disputes become operational.
While we know that ratification by all 28 EU member states may require some time, we are confident that this will happen. Once ratified by Canada, the EU and all of its member states, CETA will provide Canadian and European investors with a predictable framework based on principles of non-discrimination, fairness, and transparency.
Under CETA, we created a permanent tribunal that is responsible for resolving investment disputes. It is made up of 15 members who are appointed by the European Union and Canada for fixed terms. The creation of this tribunal will make it possible to move away from the existing mechanism, which involves special arbitration tribunals. Hearings and any related documents will be completely accessible to the public. These improvements seek to assure citizens that the decisions rendered by the dispute settlement mechanism are fair and objective.
Nothing in CETA prevents governments from regulating in the public interest to protect or promote public health, social services, public education, or the environment. This principle, which is well recognized in international law, is clearly set out in the CETA text.
These improvements to CETA show our commitment to ensuring that this is a progressive agreement. All Canadians can consult the full, final version of the agreement, which has been available since July 2016, in order to better understand that this is a tremendous achievement in progressive trade policy.
To answer specifically the member's question relating to the circumstances around the ISDS provisions and application, I would like to quote CETA chief negotiator, Steve Verheul, during his testimony to the House of Commons Standing Committee on International Trade, when he stated, “Given the investment dispute resolution process will not be in place until all member states approve, we will not be able to use that mechanism, and neither will the EU.”
Therefore, in the case of the Polish mine scenario, we need not worry.