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Canada-European Union Comprehensive Economic and Trade Agreement Implementation Act

An Act to implement the Comprehensive Economic and Trade Agreement between Canada and the European Union and its Member States and to provide for certain other measures

This bill is from the 42nd Parliament, 1st session, which ended in September 2019.

Sponsor

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 Comprehensive Economic and Trade Agreement between Canada and the European Union and its Member States, done at Brussels on October 30, 2016.
The general provisions of the enactment set out rules of interpretation and specify that no recourse may be taken on the basis of sections 9 to 14 or any order made under those sections, or on the basis of the provisions of the Agreement, without the consent of the Attorney General of Canada.
Part 1 approves the Agreement and provides for the payment by Canada of its share of the expenses associated with the operation of the institutional and administrative aspects of the Agreement and for the power of the Governor in Council to make orders in accordance with the Agreement.
Part 2 amends certain Acts to bring them into conformity with Canada’s obligations under the Agreement and to make other modifications. In addition to making the customary amendments that are made to certain Acts when implementing such agreements, Part 2 amends
(a) the Export and Import Permits Act to, among other things,
(i) authorize the Minister designated for the purposes of that Act to issue export permits for goods added to the Export Control List and subject to origin quotas in a country or territory to which the Agreement applies,
(ii) authorize that Minister, with respect to goods subject to origin quotas in another country that are added to the Export Control List for certain purposes, to determine the quantities of goods subject to such quotas and to issue export allocations for such goods, and
(iii) require that Minister to issue an export permit to any person who has been issued such an export allocation;
(b) the Patent Act to, among other things,
(i) create a framework for the issuance and administration of certificates of supplementary protection, for which patentees with patents relating to pharmaceutical products will be eligible, and
(ii) provide further regulation-making authority in subsection 55.‍2(4) to permit the replacement of the current summary proceedings in patent litigation arising under regulations made under that subsection with full actions that will result in final determinations of patent infringement and validity;
(c) the Trade-marks Act to, among other things,
(i) protect EU geographical indications found in Annex 20-A of the Agreement,
(ii) provide a mechanism to protect other geographical indications with respect to agricultural products and foods,
(iii) provide for new grounds of opposition, a process for cancellation, exceptions for prior use for certain indications, for acquired rights and for certain terms considered to be generic, and
(iv) transfer the protection of the Korean geographical indications listed in the Canada–Korea Economic Growth and Prosperity Act into the Trade-marks Act;
(d) the Investment Canada Act to raise, for investors that are non-state-owned enterprises from countries that are parties to the Agreement or to other trade agreements, the threshold as of which investments are reviewable under Part IV of the Act; and
(e) the Coasting Trade Act to
(i) provide that the requirement in that Act to obtain a licence is not applicable for certain activities carried out by certain non-duty paid or foreign ships that are owned by a Canadian entity, EU entity or third party entity under Canadian or European control, and
(ii) provide, with respect to certain applications for a licence for dredging made on behalf of certain of those ships, for exemptions from requirements that are applicable to the issuance of a licence.
Part 3 contains consequential amendments and Part 4 contains coordinating amendments and the coming-into-force provision.

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-30s:

C-30 (2022) Law Cost of Living Relief Act, No. 1 (Targeted Tax Relief)
C-30 (2021) Law Budget Implementation Act, 2021, No. 1
C-30 (2014) Law Fair Rail for Grain Farmers Act
C-30 (2012) Protecting Children from Internet Predators Act

Votes

Feb. 14, 2017 Passed That the Bill be now read a third time and do pass.
Feb. 7, 2017 Passed That Bill C-30, An Act to implement the Comprehensive Economic and Trade Agreement between Canada and the European Union and its Member States and to provide for certain other measures, {as amended}, be concurred in at report stage [with a further amendment/with further amendments].
Feb. 7, 2017 Failed
Dec. 13, 2016 Passed That the Bill be now read a second time and referred to the Standing Committee on International Trade.
Dec. 13, 2016 Passed That this question be now put.

Canada-European Union Comprehensive Economic and Trade Agreement Implementation ActGovernment Orders

February 6th, 2017 / 5:05 p.m.

NDP

Brian Masse NDP Windsor West, ON

Madam Speaker, what is happening now as trade negotiations go on is who we have sent. Brian Mulroney is part of it. Here we have a former prime minister who basically took cash. He did take cash. It is okay to take cash as a bribe—but apparently it is not okay to give the bribe—from an arms manufacturing dealer, and he is now sent off to do that emergency negotiation.

Where this is really germane is that labour and environmental standards are in part of an agreement. That is the problem with NAFTA and Trump right now; it is that they are seeing environment, and in particular labour, as a subsidy to Mexico. That is particularly the crux of our problem. I ask my colleague to expand on that.

In relation to CETA, if this is the type of negotiations we are going to send for our number one trading partner, what potentially do we have in store? The European deal we have is still not concluded, and we will have to have further negotiations because our partners in this have moved on, on a number of things, including investor state.

Canada-European Union Comprehensive Economic and Trade Agreement Implementation ActGovernment Orders

February 6th, 2017 / 5:10 p.m.

NDP

Charlie Angus NDP Timmins—James Bay, ON

Madam Speaker, being from a border community, my hon. colleague knows how important it is that we get this right. So much of our economy is tied to trade with the United States. The Prime Minister gets it into his head to announce, “Hey we would love to renegotiate NAFTA; come look at us.” That was not very bright.

Then it was, “We don't really know how to do this so we will hire Brian Mulroney to do it for us.” That is when we already know that beef is being put on the table; when we know softwood lumber is being put on the table. Brian Mulroney goes public and says, “Hey, we will have to put supply management, the dairy sector, on the table too.” Gee, Donald Trump thanks him a lot.

I ask the Liberals whether this is how they do trade negotiations. They bring in Brian Mulroney and let him do some air brushes in the sky about what else he thinks we should put on the table. Or, is he acting on behalf of the government that has already undermined supply management in the CETA negotiations, and it is just planning to continue it in negotiations with Trump?

Canada-European Union Comprehensive Economic and Trade Agreement Implementation ActGovernment Orders

February 6th, 2017 / 5:10 p.m.

Conservative

Todd Doherty Conservative Cariboo—Prince George, BC

Madam Speaker, before I go to my speech today, I want to give credit where credit is due. I know that many members on both sides of the House have recognized our member of Parliament for Abbotsford, the former minister of trade, who did considerable work getting this piece of legislation, this trade agreement, further than it had been previously, for all of the hard work that he has done with respect to that. I know he is at home right now. He should not be listening, but if he is listening—

Canada-European Union Comprehensive Economic and Trade Agreement Implementation ActGovernment Orders

February 6th, 2017 / 5:10 p.m.

The Assistant Deputy Speaker Carol Hughes

The member knows full well that he cannot say who is and is not in the House. Therefore, I want to redirect him to his speech.

Canada-European Union Comprehensive Economic and Trade Agreement Implementation ActGovernment Orders

February 6th, 2017 / 5:10 p.m.

Conservative

Todd Doherty Conservative Cariboo—Prince George, BC

Madam Speaker, I withdraw my comment. I want to give credit to the hon. member for Abbotsford for all of the hard work that he did in getting this trade agreement, and many others, passed in that time.

In times of uncertainty, as we are seeing today, it is ever more important to do whatever we can to ensure that Canadians are employed, and that Canadian producers have markets in which to trade their goods.

Although I am not quite sure of the time frame, we are now without a softwood lumber agreement. Over the last week, while attending the BC Premier's Natural Resources Forum with an hon. colleague from another opposition party, I learned that over 140 communities in British Columbia are forest-dependent. That means that the importance of a softwood lumber agreement should be of the utmost concern for the current government. However, we saw in the latest mandate letter of the Minister of Foreign Affairs that softwood lumber or the TPP were not mentioned once.

International trade agreements generate increased economic activity. They drive prosperity and job creation. As well, they foster greater co-operation between our democratic allies.

Canada should always strive to maximize the benefits we have as a free trading nation. One in five jobs in Canada today is directly linked to our exports. The need to establish trading relationships beyond North America is critically important, especially when we hear the increasing protectionist dialogue from our number one trading partner south of the border. I was just pulling off some figures, and the U.S. is our number one trading partner, with over $769 million in trade. We now have more uncertain times, especially when, within minutes of the president-elect being elected, our Prime Minister offered to renegotiate NAFTA.

These increasing times of uncertainty speak volumes. We, the 338 members of Parliament, need to do everything we can to be the voice of Canadians when we are in our ridings and continue to hear the concerns of our constituents, our manufacturers, our lumber producers, and our farmers that the government needs to be focused on Canadian jobs and industry.

The EU is British Columbia's fifth-largest export destination.

I will take a bit of time to talk about our beautiful province of British Columbia. We have one of the best economies. It is probably one of the top economies in the country. In strong part, that is due to the investments that our former Conservative government undertook. Through the negotiation and movement of over 40 trade agreements, plus the investments made in our ports, airports, and transportation networks, which are so vital to get our goods and services to market, and also through the pragmatic views of our air policies and our bilaterals, because with trade agreements what also comes willingly along the way are enhanced and strengthened familial and tourism opportunities, B.C. stands to benefit significantly from preferential access to the EU market.

Adjacent to my riding in Skeena—Bulkley Valley, we have the Port of Prince Rupert, which is the closest and fastest marine port to Asia. It is a port that allows us a competitive advantage because our goods arrive one day to two days closer to Asia, and faster than from any other west coast port. That port was an investment in marketing made by our Conservative government. It means that the products shipped from North America arrive at their destination more quickly, using less fuel, and are subject to less risk.

We also have the fastest and greenest road and rail networks to the U.S. Midwest markets running right through our region. The Prince George Airport, my former airport, has one of the longest runways in Canada, and it is equidistant between Europe and Asia.

These are just a few of the competitive trade advantages that are in my province and riding alone.

Port Metro Vancouver is North America's most diversified port. It trades $75 billion in goods in over 160 trading economies. I bring this up because trade is good. Canada's economy is predicated on the availability of markets, access to markets, and being able to get our goods to market.

CETA would be good for our agricultural groups as well. My riding of Cariboo—Prince George was built off the backs of traditional industries, such as forestry and farming. The beef and dairy farmers who wake up every morning before sunup and who are hard at work long after sundown would benefit from this agreement.

CETA would open up a market of approximately 500 million consumers for our dairy and cattle producers, beef producers, and our agrifood industry that are looking for those new markets. We are already starting to see our number one market, the U.S. market, bring up the COOL legislation and the dispute that we have had.

We have to do whatever we can to not put all of our eggs in one basket. We need to diversify our economies, which would give some assurances to our communities in rural Canada that our government has the best interests of Canadians at heart and is doing everything to protect Canada now and into the future.

We have such an opportunity here with our fish exporters as well. The seafood industry has gone through many transitions and faces uncertain times. When CETA comes into force, almost 98% of EU tariff lines for fish and seafood products will be duty-free. In seven years, 100% of products will be duty-free, which is hugely important.

The EU is the world's largest importer of fish and seafood products. The current EU tariffs for fish and seafood average 11% and can be as high as 25%. Those would be eliminated. We can think about what this is going to do for those hard-hit marine and coastal communities that depend on forestry and fishing for their livelihoods.

CETA is a great agreement. It has been touted as a gold-plated agreement. It is something that all sides should agree on. When this moves forward, we will be doing everything in our power to support it. CETA, in a nutshell, is a good-news story.

I agree with my colleagues down the way that there are things we need to be aware of. As we move forward, we have to go into these agreements with eyes wide open, always protecting Canadian jobs, Canadian industry, and Canadians as a whole.

Canada-European Union Comprehensive Economic and Trade Agreement Implementation ActGovernment Orders

February 6th, 2017 / 5:20 p.m.

Conservative

Ziad Aboultaif Conservative Edmonton Manning, AB

Madam Speaker, my colleague made a wonderful speech and provided much detail. Trade agreements are always a gateway to job creation and economic prosperity.

Could the hon. member comment on how difficult job creation would be without trade agreements? Also, would the opportunities be limited or not?

Canada-European Union Comprehensive Economic and Trade Agreement Implementation ActGovernment Orders

February 6th, 2017 / 5:20 p.m.

Conservative

Todd Doherty Conservative Cariboo—Prince George, BC

Madam Speaker, I will go back to a conversation I had with a third grader at Hickson elementary school a little while ago. He was asking about trade agreements. I told him to pretend he manufactured widgets, but he was only allowed to sell those widgets in Hickson. When I asked him what the population of Hickson was, he gave me a number, and I said that was only a couple of thousand people he would be able to sell to in a lifetime. I said to imagine if he had the ability to sell those widgets in Quesnel, Prince George, Williams Lake, Vanderhoof, and all the great communities in my riding of Cariboo—Prince George. He could sell thousands. I told him he would probably have to employ more people to build them, and he said that, yes, he would. Being able to open markets for our Canadian products is important.

I agree with our friends down the way that we should be doing everything to make sure that we are protecting jobs and the labour side of it, but we have to have access to those markets so that we can build our Canadian economy. We do not have enough within Canada, as we heard earlier, to live up to the high lifestyle that we as Canadians enjoy. We need to have access to other markets.

Canada-European Union Comprehensive Economic and Trade Agreement Implementation ActGovernment Orders

February 6th, 2017 / 5:20 p.m.

NDP

Brian Masse NDP Windsor West, ON

Madam Speaker, my question is in regard to human rights and labour, and whether they should be part of the agreement or a side agreement.

Here is the problem we have had with many of our side agreements, whether with Jordan or other countries with which we have had problems. I will use a term that has been used here, and that is widgets. Often, we have signed trade agreements, where 10-year-olds are making widgets in those countries and selling them back to our country. There is no enforcement to prevent these 10-year-olds from making widgets because we do not have labour as part of that deal.

Does my colleague believe labour and environment should be enforceable, meaning inclusive in trade agreements? Ironically, that is what Mr. Trump is asking of Mexico and Canada right now.

Canada-European Union Comprehensive Economic and Trade Agreement Implementation ActGovernment Orders

February 6th, 2017 / 5:20 p.m.

Conservative

Todd Doherty Conservative Cariboo—Prince George, BC

Madam Speaker, I had the incredible opportunity to represent Canada on the world stage in pursuit of trade and economic development. I visited some areas of other countries where we toured plants that had deplorable work conditions. I also brought international developers over to Canada. I am going to stand up for our government and our provincial governments as well. When companies are interested in doing business, we never sacrifice our laws and morals when it comes to doing deals with other countries. We ensure they are following the law of the land here and abroad.

Canada-European Union Comprehensive Economic and Trade Agreement Implementation ActGovernment Orders

February 6th, 2017 / 5:25 p.m.

Liberal

Eva Nassif Liberal Vimy, QC

Madam Speaker, in my riding, Vimy, many small and medium-sized businesses rely on international trade.

Does the hon. member across the way not think that international trade is important for stimulating the economy across Canada?

Canada-European Union Comprehensive Economic and Trade Agreement Implementation ActGovernment Orders

February 6th, 2017 / 5:25 p.m.

The Assistant Deputy Speaker Carol Hughes

I just want to remind members at the other end of the chamber that the House is in session and there is some debate going on. I would just ask the members on the Liberal side to please keep it down a bit.

The hon. member for Cariboo—Prince George.

Canada-European Union Comprehensive Economic and Trade Agreement Implementation ActGovernment Orders

February 6th, 2017 / 5:25 p.m.

Conservative

Todd Doherty Conservative Cariboo—Prince George, BC

Madam Speaker, clearly, my hon. colleague did not hear my speech. I am a huge proponent for trade. A lot of the work we have done over the years with trade missions and development was indeed to bring Canadian businesses, small and medium enterprises, abroad so we could promote them and build their businesses.

Our government did an incredible job in providing tools and mechanisms. Whether it was our trade commission offices, or EDC, or Canada Export, our government did an incredible job to ensure that small and medium enterprises had the tools to not only compete but thrive in the international market.

Canada-European Union Comprehensive Economic and Trade Agreement Implementation ActGovernment Orders

February 6th, 2017 / 5:25 p.m.

NDP

Cheryl Hardcastle NDP Windsor—Tecumseh, ON

Madam Speaker, I am grateful to rise once again in the House to speak to Bill C-30.

These trade agreements have the potential to cause great damage to communities and to whole regions, as our experience with NAFTA has clearly demonstrated. We, in the NDP, believe that they should be undertaken with scrupulous attention to all potential consequences.

I am more than a little disappointed. The NDP had proposed a number of well-reasoned and good faith amendments to CETA, amendments that would have gone a long way to fix the major problems in the bill, amendments that were not just sought after by us but by a broad swath of labour and civil society groups throughout Canada and the European Union, and they were all rejected.

We had amendments on limiting CETA's controversial investment chapter so corporations could not sue the country that made a decision or action in its own best interests in the name of corporate profit, rejecting the increased threshold for mandatory foreign takeover reviews, and limiting changes to Canada's cabotage rules. Cabotage, by the way, is the transport of goods or passengers between two places in the same country by a transport operator from another country.

We also called for an economic impact analysis of CETA and an analysis of the impact of CETA on pharmaceutical drug costs. Sadly, in what has become a recurring pattern with the government, there was little to no debate on our amendments and, as I noted, they were all rejected. It appears that the government's election platform commitments to fair, open, and transparent government have gone the way of electoral reform.

As the government prepares to renegotiate sections of NAFTA with the new administration in the U.S., it is important that it does not rush into another deal before we have been able to study the changes that will soon occur to our agreement with our American cousins, as it is arguably one of the more important trade agreements to which Canada has been a party.

More important, I and all New Democrats continue to be seriously concerned about the ways in which these agreements hamstring the ability of future governments to establish important social programs. The hamstringing to which I refer is what American pundit, Thomas Friedman, once termed, a couple of decades back, as the “golden straitjacket”. It is very entertaining to me that a previous speaker, an hon. colleague from another party, mentioned the gold-plated agreement. I want to talk about the golden straitjacket with some irony here.

The golden straitjacket is supposed to work like this. As our country puts on the Golden Straitjacket, two things are supposed happen: our economy grows and our politics shrink. It is a straitjacket because it narrows considerably the parameters of the government's future political and economic policy options. It is golden, presumably, due to the economic benefits which would then follow.

However, flash forward a couple of decades and we see clearly that these supposed benefits were a little more than oversold. In fact, to say that the benefits of NAFTA were unevenly distributed is to engage in cruel understatement. Some sectors of the economy benefited, and others were devastated.

Members could ask anyone in my riding of Windsor—Tecumseh, the people of Hamilton or Oshawa, Ontario. We have absolutely no evidence that the economic gains of CETA will be distributed any more equitably than were those of NAFTA. In fact, CETA is likely to make it all the more difficult for future governments to address the very inequalities that we can feel certain will result from this agreement.

CETA will increase the pressures to privatize most government services. That is because the multinational corporate and financial interests, in whose interests this agreement was negotiated, view most government services not as fundamental provisions without which our lives and economy would suffer, but as potential revenue streams, as potential markets in which to make lots of money.

CETA can be rightly construed as part of what was an aggressive wave of trade deals designed to undermine the rights of Canadian governments to legislate public health policy if it threatened investor profit. Under these conditions, the likelihood of a national pharmacare plan becomes substantially more difficult, if not impossible. Such a plan could be viewed as a direct infringement on corporate rights and counterintuitive to the purpose of health care policies that put people first.

In keeping with putting people first and to maximize our resources in our universal health care system, a national pharmacare program has long been the priority of the NDP. Just about everyone who has ever seriously looked at this issue will know that there is broad agreement among researchers that a universal public drug program, with an evidence-based list of reimbursed drugs, a clear and transparent budget, and a strong ability to negotiate fair drug prices, would improve the health of Canadians. It would significantly lower the social cost of drugs and could be achieved with relatively small initial outlays by governments.

It is an idea that is a long time coming. A prescription drug coverage program was recommended as the next step way back in 1964 by the Royal Commission on Health Services. Canada has the fastest-rising drug costs per capita among OECD countries and is the only country in the world with a public medicare system that does not have a pharmacare program.

It is estimated that changes to patent protection for pharmaceutical drugs as a result of trade agreements could cost our public health care system anywhere between $850 million to $1.65 billion every year, according to the Council of Canadians. At approximately $900 a person, Canadian drug costs are already the second highest in the OECD, second only to the United States. Countries like Australia, New Zealand, the United Kingdom, France, and Sweden have all had some form of universal public drug coverage that results in lower costs, as well as lower drug cost growth rates. Consumption of drugs in these countries is equal or greater than in Canada, but expenditure is much lower.

Countries with pharmacare programs are able to suppress the inflation of drug prices, which directly result in people paying less for their medications. A true universal pharmacare program shows feasibility, sustainability, and effectiveness. Universal pharmacare programs in other countries currently are more advantageous in terms of costs than both private or public drug insurance plans in Canada.

Our current fragmented system means higher drug costs for everyone and huge profits for big pharma. Canada has a total of 19 publicly funded drug plans, 10 provincial, three territorial, and six federal. Eligibility, coverage, and benefit payment schemes vary in each of these programs. Again, the Council of Canadians makes the excellent point that one's postal code or socio-economic status should not dictate if one receives necessary medication, but in some provinces only people on social assistance, seniors, or those suffering from certain diseases are covered, while in other provinces people are covered based on an income assessment.

It is long past time for federal leadership on this issue. The proponents of a national pharmacare plan have won every argument. By every rational criteria, it is the smart thing to do.

Therefore, why does Canada not have a national pharmacare plan? I suspect that on this issue, like so many others, the Liberals will not venture such a thing without total buy-in from industry. Let us be as clear as we can on this. The pharmaceutical industry will never support a national pharmacare plan.

In fact, the industry is moving in the other direction. The pharmaceutical industry lobbied heavily for changes to intellectual property rules for pharmaceuticals under CETA and, as we can guess, got them. These changes are expected to increase drug costs by more than $850 million annually. Yet leading environmental, labour, and civil society organizations in Canada also lobbied for changes, changes which, as I mentioned earlier, were similar to those proposed by the NDP. Apparently, the Liberals did not find their arguments convincing.

The priorities of a government are laid bare, not through its public statements but through its actions. Insofar as CETA is concerned, one has to ask, “On whose behalf does our government work?”

Canada-European Union Comprehensive Economic and Trade Agreement Implementation ActGovernment Orders

February 6th, 2017 / 5:35 p.m.

Liberal

Francis Scarpaleggia Liberal Lac-Saint-Louis, QC

Mr. Speaker, I listened intently to the member's speech, which was thoughtful and well structured.

I have a comment. I have been, like many members here, studying this issue for many years. Of course, I too was concerned about dispute tribunals, that they could usurp the sovereignty of nations and so on. However, as I looked into the matter, it became clear that even without dispute tribunals, companies can take national governments to court through the domestic legal system if they feel there have been arbitrary measures that have had the effect of expropriating their interests. Many people probably believe that if we did not have these tribunals, all would be well. However, there is a court system, and companies can choose to go through the court system.

Also, these trade agreements do not prevent countries from applying health, occupational, and environmental rules, laws, and regulations. It is just that they must be scientifically based.

I would like to maybe get some perspective from the member on those two comments.

Canada-European Union Comprehensive Economic and Trade Agreement Implementation ActGovernment Orders

February 6th, 2017 / 5:35 p.m.

NDP

Cheryl Hardcastle NDP Windsor—Tecumseh, ON

Mr. Speaker, with all due respect, my hon. colleague's arguments are ones that have been made in the past when people are making excuses in bringing forward these corporate interests. Why are we making this easier for them? If we have systems in place now that are serving the purpose, why do we then need a trade agreement like this? We are facilitating something that is not in the best interests of our country.

In order for us to proceed on meaningful fair trade, we have to look at innovation; we have to look at that fair and competing policy everywhere. We are putting corporate profit seeking before sovereignty. That is what it ultimately comes down to.

We have plenty of time to be exploring meaningful ways that we can address this, but we are not. We are rushing through with this program basically as patsies.

What we can do is follow the lead of some of the European Union membership that have inspired us to take a good hard look at why we are sacrificing sectors like our dairy industry. Why are we sacrificing supply management? Instead of saying we have to make this easier, and “These exist now, if companies feel strongly”, it is almost saying that we do not have the energy to argue for our well-being and sovereign rights. That does not feel right to me when we are positioning ourselves on those kinds of arguments.

CETA is something that can be reconstructed meaningfully so that we are in non-zero-sum games and win-win situations.