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Canada-EFTA Free Trade Agreement Implementation Act

An Act to implement the Free Trade Agreement between Canada and the States of the European Free Trade Association (Iceland, Liechtenstein, Norway, Switzerland), the Agreement on Agriculture between Canada and the Republic of Iceland, the Agreement on Agriculture between Canada and the Kingdom of Norway and the Agreement on Agriculture between Canada and the Swiss Confederation

This bill is from the 40th Parliament, 2nd session, which ended in December 2009.

Sponsor

Stockwell Day  Conservative

Status

This bill has received Royal Assent and is now law.

Summary

This is from the published bill. The Library of Parliament has also written a full legislative summary of the bill.

This enactment implements the Free Trade Agreement and the bilateral agreements between Canada and the Republic of Iceland, the Principality of Liechtenstein, the Kingdom of Norway and the Swiss Confederation signed at Davos on January 26, 2008.
The general provisions of the enactment specify that no recourse may be taken on the basis of the provisions of Part 1 of the enactment or any order made under that Part, or the provisions of the Free Trade Agreement or the bilateral agreements themselves, without the consent of the Attorney General for Canada.
Part 1 of the enactment approves the Free Trade Agreement and the bilateral agreements and provides for the payment by Canada of its share of the expenditures associated with the operation of the institutional aspects of the Free Trade Agreement and the power of the Governor in Council to make orders for carrying out the provisions of the enactment.
Part 2 of the enactment amends existing laws in order to bring them into conformity with Canada’s obligations under the Free Trade Agreement and the bilateral agreements.
Part 3 of the enactment provides for its coming into force.

Similar bills

C-2 (40th Parliament, 1st session) Canada-EFTA Free Trade Agreement Implementation Act
C-55 (39th Parliament, 2nd session) Canada-EFTA Free Trade Agreement Implementation Act

Elsewhere

All sorts of information on this bill is available at LEGISinfo, an excellent resource from Parliament. You can also read the full text of the bill.

Bill numbers are reused for different bills each new session. Perhaps you were looking for one of these other C-2s:

C-2 (2025) Strong Borders Act
C-2 (2021) Law An Act to provide further support in response to COVID-19
C-2 (2020) COVID-19 Economic Recovery Act
C-2 (2019) Law Appropriation Act No. 3, 2019-20

Votes

March 30, 2009 Passed That the Bill be now read a third time and do pass.
March 30, 2009 Failed That the motion be amended by deleting all the words after the word “That” and substituting the following: “Bill C-2, An Act to implement the Free Trade Agreement between Canada and the States of the European Free Trade Association (Iceland, Liechtenstein, Norway, Switzerland), the Agreement on Agriculture between Canada and the Republic of Iceland, the Agreement on Agriculture between Canada and the Kingdom of Norway and the Agreement on Agriculture between Canada and the Swiss Confederation, be not now read a third time but be referred back to the Standing Committee on International Trade for the purpose of reconsidering clause 33 with a view to re-examining the phase out of shipbuilding protections”.
March 12, 2009 Passed That Bill C-2, An Act to implement the Free Trade Agreement between Canada and the States of the European Free Trade Association (Iceland, Liechtenstein, Norway, Switzerland), the Agreement on Agriculture between Canada and the Republic of Iceland, the Agreement on Agriculture between Canada and the Kingdom of Norway and the Agreement on Agriculture between Canada and the Swiss Confederation, {as amended}, be concurred in at report stage [with a further amendment/with further amendments] .
March 12, 2009 Failed That Bill C-2 be amended by deleting Clause 33.
Feb. 5, 2009 Passed That the Bill be now read a second time and referred to the Standing Committee on International Trade.

Canada-EFTA Free Trade Agreement Implementation ActGovernment Orders

March 11th, 2009 / 4:15 p.m.

NDP

Alex Atamanenko NDP British Columbia Southern Interior, BC

Mr. Speaker, I think what we need is some backbone in this country. What we need is to stand up for our workers and sign an agreement that is fair. The American Congress does it all the time. It has done it with shipbuilding. It continually hammers us with agriculture. Other countries have supported their shipbuilding industry, to the extent that Norway, a major competitor, will be coming in and supplying ships to our country if we do not start doing something to stand up for our industry.

We can have trade, but we have to stand up for Canadians first.

Canada-EFTA Free Trade Agreement Implementation ActGovernment Orders

March 11th, 2009 / 4:15 p.m.

NDP

Libby Davies NDP Vancouver East, BC

Mr. Speaker, I just want to say, right on to the member for British Columbia Southern Interior. I think he nailed it on the head. We are not opposed to trade agreements. Our concern is with what we give away and whether those trade agreements are fair.

I have just been reviewing some of the media reports on this story. One of the big things that happened about a month or so ago is that for the first time since 1976, Canada posted a trade deficit, meaning that we bought more from foreign suppliers than we sold to foreign customers. That deficit was $458 million.

Here we have a trade agreement that is going to do in our shipbuilding industry when we could actually be producing things. We could be manufacturing important resources and products here in our own country and, hopefully, supplying them to others, yet we are going to be signing off on a bill that is going to go in exactly the opposite direction.

I think the member for British Columbia Southern Interior has got it exactly right: our job here is to stand up for Canadian workers, to support these industries and to make sure they do not get signed away on a slip of paper, even if it is up 15 years. The reality is that this is a rotten deal, and we are hearing this from the workers themselves.

I would like to ask the member to give us more information on these trade agreements and how bad they are for Canada.

Canada-EFTA Free Trade Agreement Implementation ActGovernment Orders

March 11th, 2009 / 4:20 p.m.

NDP

Alex Atamanenko NDP British Columbia Southern Interior, BC

Mr. Speaker, as an answer I have a quotation from Mr. Andrew McArthur, chair of the Shipbuilding Association of Canada. At the standing committee, he said, “The position of the association from day one is that shipbuilding should be carved out, carved out from EFTA. We have been told categorically time and again by the government, 'We do not carve industries out.' ”

Why do we not carve industries out? Why are we so timid that we cannot look at an agreement and say that we will take this and we won't take that, and that if one party does not like it, we will deal with somebody else? As I said, the Americans do this all the time.

We have done this in agriculture. We have done this in softwood. We have sold out our softwood industry. Now we are doing it in shipbuilding, and I think it is a shame. I think it is a shame that everybody does not stand up here to support carving this out of this agreement.

Canada-EFTA Free Trade Agreement Implementation ActGovernment Orders

March 11th, 2009 / 4:20 p.m.

NDP

Peter Julian NDP Burnaby—New Westminster, BC

Mr. Speaker, the member from Scarborough Centre knows full well that every single representative from the shipbuilding industry, whether owners, manufacturers or workers, asked for this carve-out.

I want to ask the member for British Columbia Southern Interior why he thinks the Liberals would ignore every single witness, all of whom unanimously said to support the NDP and vote for the carve--

Canada-EFTA Free Trade Agreement Implementation ActGovernment Orders

March 11th, 2009 / 4:20 p.m.

The Acting Speaker Barry Devolin

Order, please.

The hon. member for British Columbia Southern Interior. Please give a short answer.

Canada-EFTA Free Trade Agreement Implementation ActGovernment Orders

March 11th, 2009 / 4:20 p.m.

NDP

Alex Atamanenko NDP British Columbia Southern Interior, BC

Mr. Speaker, I do not know the answer to that. I always believed that the Liberal Party stood up for Canadian workers and stood up for Canadian families, and I do not quite understand why he would not support keeping Canadian industry viable.

Canada-EFTA Free Trade Agreement Implementation ActGovernment Orders

March 11th, 2009 / 4:20 p.m.

The Acting Speaker Barry Devolin

It is my duty, pursuant to Standing Order 38, to inform the House that the questions to be raised tonight at the time of adjournment are as follows: the hon. member for Notre-Dame-de-Grâce—Lachine, Equalization Payments; the hon. member for Halifax, Housing; the hon. member for Winnipeg North, Pay Equity.

Canada-EFTA Free Trade Agreement Implementation ActGovernment Orders

March 11th, 2009 / 4:20 p.m.

NDP

Linda Duncan NDP Edmonton Strathcona, AB

Mr. Speaker, I rise in the House in support of the motion by the hon. member for Burnaby—New Westminster to strike out clause 38 from the Canada-Europe free trade agreement.

It may come as a surprise to the House that a landlubber such as the representative from Edmonton--Strathcona would care about the shipping industry, but let me share with the House today the long historic background my family has with this industry.

Let me share with you that first of all we allowed the decimation of the fish stocks on our east coast, and now the fish stocks are disappearing on our west coast. Entire communities have lost their revenue source.

Now former fishers and fish plant workers must leave their communities and commute to the northern area of my province to toil in the tar sands to feed their communities.

Now we witness, with the support of the Conservative Party and the Liberal Party, the demise of the historic nation-building shipbuilding industry and the jobs once provided by this historic sector. We witnessed every representative of the shipping industry, whether workers or owners, coming to the parliamentary committee and begging for the support of the members of the House for the continuation of their industry. No support was given to them, except from the members of my party.

Shame on the official opposition members. They are supposed to stand up for Canadians. The promise of the Conservative Party to stand up for Canadians disappears when it comes to speaking for Canadians' benefit in yet another free trade agreement.

Shipping and shipbuilding, next to the coureurs des bois, have been the key to building the very foundations of our nation. My family's roots, beginning around 1610 in Mosquito Point and Carbonear, were based on the shipping industry. My ancestor, Gilbert Pike, was a buccaneer. Their ships attacked my ancestor's ships, and they moved to Newfoundland and became very active in the fishing industry.

My family depended on the shipping industry to bring in the supplies so that our community could survive and to ship the cod out to the European community. It was very critical to trade. If not for the shipbuilding industry, the entire community of Carbonear would not exist. The most famous person in Newfoundland, Sheila NaGeira, is my ancestor.

I say to the House at this point in time that we are talking about the demise of one of the founding industries of our country. How can the other members of the House sit by and allow this industry to disappear?

It may be unknown to other members of the House, perhaps even those from my city, that one of the most important founding industries in my own city of Edmonton was the historic shipbuilding industry on the banks of the North Saskatchewan River. It was one of the most important industries that founded our city and kept our city going. They built both sailing ships and barges that plied the rivers, developed the north, fed the fur trade industry, and supported the aboriginal and the trapping industries and the gold rush.

If it were not for that industry, the city of Edmonton would not have developed into the burgeoning municipality it is today.

The shipbuilding industry has come to the members of Parliament pleading for the support of their own elected officials. I ask my colleagues to please stand up for shipbuilders and for those who work in that industry, to please stand up for Canadians.

One of the other nations that will be party to this agreement, the Canada-European agreement on free trade, has stood up for its industry. Norway stood up for its shipbuilding industry and now has a burgeoning industry. Our southern partner, the United States of America, has stood up for its shipbuilding industry. What is wrong with our country? What is wrong with our elected officials?

We have the members of the shipbuilding union and the shipbuilders themselves taking the time away from their families and their jobs to come to Ottawa to plead with members of Parliament: “Please, we are all for free trade. We are all for selling our products overseas and entering into this very important agreement, but stand up for our side of the trade”.

Are we going to be a country only of buyers, and not sellers? We need also, though, to keep in mind, as the hon. member for the Northwest Territories regularly reminds me in the House and outside, that we have to look to the future. What about the Arctic trade?

The members across the floor keep talking about how they are going to build development in the Arctic. What the heck do they think we are going to use when we are protecting and developing in the Arctic? We need ships. Should those ships not be built in Canada? Do we not have the expertise and wherewithal to develop and build those specialized vessels that not only Canadians, our Coast Guard and those who ply our oceans will use, but we could sell those specialized ships to people around the world who are chomping at the bit to come into Arctic waters?

In the presentation by Dr. Vincent, renowned polar expert, last week to parliamentarians, he pointed out that Canada has an opportunity, both in the Arctic and the Antarctic, but for the Arctic by virtue of geography it is ours to claim. Why are we not claiming this piece of the industry and developing and building the very ships that will ply the Arctic so that we can ensure they are safe and do not cause environmental harm.

The member said that our opportunity for marketing was In the Antarctic. We could also be marketing specialized ships to ply the Antarctic and support the researchers.

I am standing today, as are the other members, in support of this recommendation to strike clause 38, which means that we will be speaking on behalf of Canadians when we sign onto this trade agreement.

I had the privilege of working for the North American Commission for Environmental Cooperation. That organization was formed as part of one of the side agreements to NAFTA. I am very proud to say that I contributed in a positive way to free trade in North America.

However, we need to ensure we stand up for the important sides of free trade and that we remember the interests of Canadians not just the interests of major corporations or people who might want to sell Canada wares or might want to sell Canadian ships. We should be thinking in terms of the workers in Canada in this time of economic constraint. We should be thinking, first and foremost, of supporting Canadian industries and Canadian workers.

I rest my case. I think the request of the hon. member is eminently reasonable. It speaks on behalf of Canadians. It is about time the official opposition of this House spoke up on behalf of Canadians.

Canada-EFTA Free Trade Agreement Implementation ActGovernment Orders

March 11th, 2009 / 4:30 p.m.

Liberal

John Cannis Liberal Scarborough Centre, ON

Mr. Speaker, the member's colleague, the member for Burnaby—New Westminster, who sits on our committee and who has done a tremendous job in terms of putting the point forward on shipbuilding, was at the meeting last Thursday when the representatives said, first, that if the industry were properly structured, and second, if the structural financial facility were combined with the accelerated capital cost allowance that would really make things happen for the industry. It would be viable, strong and it could compete.

If those two things were in place, would the New Democratic Party support this?

Canada-EFTA Free Trade Agreement Implementation ActGovernment Orders

March 11th, 2009 / 4:30 p.m.

NDP

Linda Duncan NDP Edmonton Strathcona, AB

Mr. Speaker, as a lawyer I would have to profess that it is inappropriate for me to rely on hearsay. I cannot specifically speak to the remarks passed on to me by the hon. member as I did have not the opportunity to participate in that discussion.

However, I am well aware, from reading the written record, that every intervenor who came forward to speak as a witness spoke in favour of striking out this clause.

Canada-EFTA Free Trade Agreement Implementation ActGovernment Orders

March 11th, 2009 / 4:30 p.m.

NDP

Dennis Bevington NDP Western Arctic, NT

Mr. Speaker, I thank my colleague for her presentation on this very important issue. I want to go back to some of the discussion about the future of Canadian shipbuilding and the future of developing the Arctic and the kinds of vessels that are required there.

Taking the situation where there is no protection in Canada for the development of new technology that has to be employed on these ships, what company would invest in Canada? What company would put the effort into Canada when it could be undercut by so many other countries around the world for the same type of technology, the same type of advanced work that is required to build the types of vessels that will be used in the Arctic in the future?

Canada-EFTA Free Trade Agreement Implementation ActGovernment Orders

March 11th, 2009 / 4:30 p.m.

NDP

Linda Duncan NDP Edmonton Strathcona, AB

Mr. Speaker, the hon. member raises a very good point. Who else but Canada should put the needs of Canadians and our shipping as a top priority?

As an environmental lawyer with 35 years experience, I am extremely concerned about the plight of our Arctic and this drive to exploit it as fast as possible without ensuring we have the protections in place. We need only look back to the devastating spill on the west coast of British Columbia where shipbuilders gave little attention to environmental protection and every attention to plying their trade, with Canada suffering the effect on our wildlife, our oceans and the fishery.

It is absolutely incumbent upon Canada to ensure we are putting a priority on the development of shipping that will ply the trade either in our Great Lakes, in our Arctic or along our riverways.

Canada-EFTA Free Trade Agreement Implementation ActGovernment Orders

March 11th, 2009 / 4:30 p.m.

NDP

Alex Atamanenko NDP British Columbia Southern Interior, BC

Mr. Speaker, quite some time ago, the agriculture committee made a number of recommendations. I believe the member was with us when all members unanimously voted on food security recommendations. We submitted them to the government and were told that on some we had to be careful because of trade obligations.

I would submit that if every member of the House were asked whether they thought we should have a viable shipbuilding industry in Canada and would they support Canadian workers, I submit that every member would say yes. If that were the case, what pressures does my colleague feel there are to shift the focus? Why is there a policy not to take this out of this agreement but to exclude Canadian workers? What is happening?

Since we agree that we should support industry, workers and families, what pressures are there that caused the federal government to make this shift?

Canada-EFTA Free Trade Agreement Implementation ActGovernment Orders

March 11th, 2009 / 4:35 p.m.

NDP

Linda Duncan NDP Edmonton Strathcona, AB

Mr. Speaker, in all honesty, I cannot imagine what influences there could be that would have any level of credibility to the members of Parliament in the House that they would put ahead of the needs of our Canadian shipping industry and the workers who work in it.

When we are making decisions on such momentous matters as to whether we should sign on to a free trade agreement and what the terms will be, surely we must be thinking, first and foremost, of the interests of Canadians and the jobs that can be created for the future benefit of Canadians. I cannot imagine what on earth members would be thinking that they would not support the amendment proposed by the hon. member.

Canada-EFTA Free Trade Agreement Implementation ActGovernment Orders

March 11th, 2009 / 4:35 p.m.

NDP

Malcolm Allen NDP Welland, ON

Mr. Speaker, I will begin by quoting a couple of witnesses who came before the committee because they were referenced here when I was in the House today. I, like the hon. member, was at the committee when they were there.

In reply to a question about his belief as to whether this was a sellout of the shipbuilding industry and should it be a carve out, one witness, Mr. Andrew McArthur, said:

If it's not a sellout, it's getting close to it. It certainly doesn't enhance the survivability of the industry. It jeopardizes it. It would be pretty hard to say it's an absolute sellout, although it's getting close.

That was said by an industry representative who talks about his multiple years in the industry. In fact, the gentleman has had experience on both sides of the Atlantic Ocean, originally being from my homeland of Scotland and knowinf the shipbuilding industry there as well. He goes on to say:

It's not only EFTA that concerns us. The ground rules may be set.

I repeat that, through EFTA, the ground rules could be set because we are negotiating with Singapore and South Korea. Once we set those ground rules, if we get the same with all these other countries, the industry could be in very tough conditions and could only survive on government contracts.

This side of the House and the other side of the House know what happened to those government contracts. I believe there was a sense that there would be two new supply ships built for the Canadian navy. I could ask my hon. colleague from Sackville—Eastern Shore, if he were here, if he had seen those two supply ships in Halifax lately and I think the response would probably be no, since they have not been built. Part of the reason that they were not built was that the government said the bid was too expensive. That is from our yards. Of course the bid may have, in the government's estimation, been too expensive but it is because the shipyards are not producing at maximum level. By their own records, they are producing at about one-third capacity, which means they need to retrofit the yard to do a vessel of that size and they need to find workers. That multiplies the effect of what the cost will be when we bid the job because we will need to find those workers and, indeed, enhance the yard so that it can produce the product.

All those things contribute to the cost and the fact that the cost was so high. One could argue whether the cost was really that high when Canadian taxpayer money would be building Canadian ships, Canadian sailors would be on those ships and those ships would be made by Canadian workers in Canada who would be paying Canadian taxes to the Canadian government. The government would then be able to circulate that money back into the economy through other measures and other programs. More important, inside the community where those Canadian workers live, they would now be putting money back into the economy because they would be earning a wage and not be collecting employment insurance, which comes out of the fund and which could be used for other folks.

The multiplier effect is enormous. When we look at the cost of something and think that it is a little bit higher, a little bit higher than whose, begs the question. Is it Korea? Was that the government's intention? If Canadian yards are too expensive, it will send those Canadian vessels for the navy to Korea. Is part of the master plan to get EFTA in place and then simply negotiate the next shipbuilding contract with Korea? We will see what the industry and the workers representatives have told us at committee that the industry cannot survive.

Let us take a step back and see what is inside those yards. The people who work in those yards have very specific skills. Most of those skills are only adaptable to the yards that build those vessels. This is a highly-skilled workforce and building vessels is fairly labour intensive. An investment in a yard today produces jobs today as well, and, from those jobs, we produce apprenticeships, which is retraining.

I know the government is fond of talking about its action plan, about money for retraining and about money for jobs. This is the opportunity to take that rhetoric and simply write a cheque. The government should procure those vessels from Canadian yards, put those workers back to work and allow them to take on apprentices. Today the average age of a yardworker across the country is 53.

Albeit for someone such as me, who is just a little north of 53 years of age, to say that is getting on, by the same token, it does not take that much longer before those workers will retire. Without replacing those workers through an apprenticeship program, we will see the demise of the yard, because the labour component will disappear across this country. That would be a shame not only for those communities and those workers but for this country, which has the largest coastline in the world.

We really are a maritime nation, albeit some of us do not want to believe that from time to time. My own riding of Welland, of course, is named after the Welland Canal, bordered by two lakes and a river. It is split in half by the Welland Canal. It is hard for us to understand that we are a maritime nation when we live in the centre of Ontario, but indeed we are surrounded by water.

In my riding, from time to time we can actually watch the ships go across the bridge. It is really a tunnel for us but a bridge for the boats. For those who have never had the experience of heading down that tunnel and seeing a boat go across the top, it is the strangest feeling when it is experienced for the very first time.

To lose that ability to build those vessels in this country would be tantamount to criminal negligence.

We need to understand what the industry is saying to us. I would think my hon. colleagues on the other side of the House, who tend to be friends of that group, would understand that, and if they do not, certainly the Liberals would, because the Liberals were on this file before the Conservative government was.

What the industry has said from day one is that they need a viable industry in this country to build ships, and we need to help them establish that. They are willing to do their part. In fact, the industry and the workers in the marine units have done that. What they are saying to the government is, “Allow us to do what other nations around this world are doing, just like the Jones Act did for the U.S. Let us carve out shipbuilding. Let us have the same opportunities that Americans have and we will be able to compete.”

Not only that, but we would have the sense of security in this country that we are actually going to build naval vessels in Canada for Canadian sailors. It seems to me that is the very least we owe the women and men in our armed services, to understand that when they get on that vessel, it is Canadians who have produced it for them, it is Canadian quality that went into it, and it is Canadian security that provided it for them.

Not only that, but Canadian taxpayers are looking to us to spend their money wisely. They entrust us with their money and they expect us to spend it wisely. I have said this in my other career as a municipal councillor: There is no wiser decision we can make as people entrusted with their money than to spend it on them, to invest it in Canadians, who give it to us. Unwaveringly they say, “Here it is,” and they provide it to us.

It seems to me that what we really need to do is have a carve-out. We look at the tariff program and say we can build it over a number of years. The industry is saying that will not let it survive. The Norwegian industry, which is the one that really we are going to compete with here, is an industry that spent the last 20 years being subsidized by the Norwegian government, so indeed it could end up going to the marketplace. Why is it that we cannot do the same thing?

We are not asking for any more than that. Carve it out. Carve it out so that we have an opportunity to do the same things the Norwegians have done. It seems the fairest thing to do. If the Norwegians thought it was good enough for Norwegian citizens, the least the Canadian government can do is say it is good enough for Canadians.

Why should we be second-class world citizens when it comes to looking after ourselves? Why would we want to put an industry and our workers in jeopardy when indeed we do not have to do that?

We have this opportunity here, and I would look to my colleagues on this side of the House, especially the Liberals, and say to them that they should rethink their position on the carve-out. They should rethink the perspective of what they are doing, which is selling out shipyard workers from coast to coast to coast in this country and decimating an industry that has been here for hundreds of years.

The first folks got here by ship. Whether they happened to be the aboriginal nations or not, one can talk about a land bridge, but a lot of folks actually sailed to this country. To think that somehow we do not have that industry anymore, it make one want to weep, to be honest, especially someone such as myself who came here as a new Canadian with my parents.

My father came here to build ships. As a legacy to my father, because he has passed on now, the least I can do is stand in this House and say that I stood for shipbuilding in this country. That is what brought my family to this place and I will not let him down.