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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.

Motions in amendmentCanada-European Union Comprehensive Economic and Trade Agreement Implementation ActGovernment Orders

February 3rd, 2017 / 10:55 a.m.

NDP

Georgina Jolibois NDP Desnethé—Missinippi—Churchill River, SK

Mr. Speaker, is the member concerned that CETA will lead to the increased cost of prescription drugs for Canadians, given that Canadians already pay more for prescription drugs than nearly every OECD country?

Motions in amendmentCanada-European Union Comprehensive Economic and Trade Agreement Implementation ActGovernment Orders

February 3rd, 2017 / 10:55 a.m.

Conservative

Robert Gordon Kitchen Conservative Souris—Moose Mountain, SK

Mr. Speaker, when the bill comes into force, we expect that the Liberal government will honour the commitments it has made.

As we look at the issue of pharmaceuticals, we recognize the patent agreement will stay the same when it comes to Canada and how things are done in our country.

Motions in amendmentCanada-European Union Comprehensive Economic and Trade Agreement Implementation ActGovernment Orders

February 3rd, 2017 / 10:55 a.m.

Liberal

Karen Ludwig Liberal New Brunswick Southwest, NB

Mr. Speaker, we heard from the chief negotiators on CETA that the phase-in would take place over the course of 10 years.

Looking at the cost of pharmaceutical drugs, if there is no clear measurement on that, then we as Canadians should always be concerned about that.

Looking at past trade agreements, would my hon. colleague not agree with me that we should not be making rash decisions, that we should be working with all stakeholders to keep the cost of prescription drugs down and not scare Canadians about something that may not take effect?

Motions in amendmentCanada-European Union Comprehensive Economic and Trade Agreement Implementation ActGovernment Orders

February 3rd, 2017 / 10:55 a.m.

Conservative

Robert Gordon Kitchen Conservative Souris—Moose Mountain, SK

Yes, I do, Mr. Speaker. We need to continue to work with these organizations and ensure that all of the issues are looked at, including patent issues, et cetera, and focus on keeping those costs down throughout Canada.

Motions in amendmentCanada-European Union Comprehensive Economic and Trade Agreement Implementation ActGovernment Orders

February 3rd, 2017 / 10:55 a.m.

Conservative

Kevin Waugh Conservative Saskatoon—Grasswood, SK

Mr. Speaker, as everyone knows, the province of Saskatchewan is the lone jurisdiction in our country that is against carbon capture.

My colleague mentioned NAFTA and the United States. Our Saskatchewan premier has really been worried about the trading agreements, especially those in agriculture, where they will be unbalanced. The Americans will have the advantage over us because of carbon tax.

How will CETA affect our province and, more important, NAFTA, which should be coming up shortly?

Motions in amendmentCanada-European Union Comprehensive Economic and Trade Agreement Implementation ActGovernment Orders

February 3rd, 2017 / 10:55 a.m.

Conservative

Robert Gordon Kitchen Conservative Souris—Moose Mountain, SK

Mr. Speaker, with the implementation of a carbon tax and the impact that will have on our farming industry, it is a big worry in Saskatchewan. It is going to drive up the costs of everything, from fuel to equipment to fertilizer, et cetera. Those costs will put us into the position of selling our wheat and our canola at higher costs than the U.S. Therefore, the huge impact the carbon tax will have on the province is a big concern for the people of Saskatchewan.

Motions in amendmentCanada-European Union Comprehensive Economic and Trade Agreement Implementation ActGovernment Orders

February 3rd, 2017 / 11 a.m.

Conservative

Kevin Waugh Conservative Saskatoon—Grasswood, SK

Mr. Speaker, I rise on a point of order. During my question, I said “carbon capture”, and I should have said “carbon tax”. Please make that correction for me.

Motions in amendmentCanada-European Union Comprehensive Economic and Trade Agreement Implementation ActGovernment Orders

February 3rd, 2017 / 11 a.m.

The Assistant Deputy Speaker Anthony Rota

Thank you for clarifying that.

The House resumed consideration of 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 reported (with amendments) from the committee, and of the motions in Group No. 1.

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

February 3rd, 2017 / 12:05 p.m.

Liberal

Francis Drouin Liberal Glengarry—Prescott—Russell, ON

Mr. Speaker, I am pleased to rise in the House today to take part in the debate on the agreement between Canada and Europe. More specifically, I would like to talk about the benefits it will bring to small businesses and to the agricultural sector.

In my riding, highly specialized agricultural ventures and small businesses play a vital role.

The comprehensive and economic trade agreement, or CETA, is one of the most ambitious trade agreements that Canada has ever negotiated. It will open doors and guarantee access for SMEs and agricultural exporters throughout the EU, the world's second-largest economy and import market.

This agreement will generate significant benefits for all Canadians. I want to speak, first, about the important of SMEs to the Canadian economy and why this agreement is essential to the success of our SMEs in global markets. In Canada, SMEs employ some 10 million Canadians, the equivalent of nearly 90% of Canada's total private sector workforce. SMEs clearly have a significant role to play in Canada's future prosperity. Our government firmly believes in supporting our hard-working SMEs in succeeding in this role.

In a recent profile by Innovation, Science and Economic Development Canada on Canadian SMEs and their export characteristics, it was found that about 10% of our country's SMEs exported goods and or services in 2011, with export sales accounting for 4% of total company revenues. Notably, the report highlights the superior financial performance by exporters compared with non-exporters. SMEs that export generated, on average, higher sales, pre-tax profit margins, and returns on assets compared with non-exporters.

The report also found that exporters were more research-and-development intensive than non-exporters, spending 8% of annual revenues on R and D on average, compared with 6% for non-exporters. Exporters were more growth-oriented than non-exporters with about 10% growing sales by 20% or more per year over the 2009-11 period compared with 8% for non-exporters.

These findings are indicative of the importance of global markets to Canadian SMEs' success. One way to support our SMEs is by ensuring they have accessible opportunities abroad and creating advantageous conditions with these markets for them to compete. The negotiation of CETA furthers such an aim.

The European Union and its 28 member states are an important market for Canada. I have to say that this is an access to a market of 500 million people for our SMEs. The EU is Canada's second most important destination for SME exports behind the U.S., and key for global supply chains with more Fortune 500 companies than anywhere else in the world.

This important access to supply chain is an important avenue of opportunities for the global ambitions of many Canadian SMEs. CETA aims to lift barriers that have held our SME exporters from taking full advantage of accessing this lucrative market. CETA's comprehensive tariff elimination will result in many Canadian products as supported by SMEs to become more competitive in the EU.

Of the EU's more than 9,000 tariff lines, approximately 98% will be duty free for Canadian goods when CETA comes into force. Almost all of the remaining tariff lines will be eliminated when the agreement is fully implemented.

For Canadian SME service suppliers, CETA will provide the best quality market access that the EU, the world's largest importer of services, has ever provided in a trade agreement. As well, it is the most ambitious commitment on temporary entry the EU has ever granted.

Furthermore, CETA will open new opportunities for Canadian SMEs in the EU's estimated $3.3 trillion government procurement market. Once CETA enters into force, Canadian firms will be able to supply goods and select services to all levels of EU government, including the EU's 28 member states and thousands of regional and local government entities.

CETA also includes other innovations that will save time and money for Canadian businesses, such as the protocol on conformity assessment that will allow Canadian manufacturers in certain sectors to have their product tested and certified in Canada for sale in the EU. This can be particularly useful for SMEs. CETA addresses many of the barriers noted by SME exporters head-on and will create advantageous conditions for SMEs to pursue new opportunities in the EU.

Our government is committed to supporting the dynamics and export preparedness of our Canadian businesses, particularly SMEs. CETA is a landmark initiative that furthers this goal.

The other important part of my riding is agriculture. The Canadian agriculture and agrifood sector is also a vibrant and important facet of our economy.

We are the fifth-largest exporter of agricultural and agrifood products in the world, and renowned as a reliable supplier for safe and high-quality products. As a medium-sized economy, our economic prosperity is built on open trade, and this is especially important for agricultural and agrifood exporters.

It is estimated that approximately half of the value of primary agricultural production in Canada is exported, either as a primary commodity or processed food and beverages product. The EU is an important market for Canada in this sector and holds strong potential for our agricultural exporters. Preferential market access to the EU, the world's second-largest importer of agriculture and agrifood products, will foster growth and create new opportunities for Canada's producers and processors.

CETA reduces tariffs and non-tariff barriers to create a more stable and transparent export environment for our agricultural sector. To give members an example, it is estimated that, because of CETA, $1.5 billion of potential exports will happen for our agricultural sector: $600 million for our beef sector; $400 million for our pork producers; $100 million of grain and oil seeds; and $300 million in processed foods, fruits, and vegetables. This is good news for our farmers.

Currently, Canadian agricultural exports to the EU face prohibitively high tariff rates, with average EU agricultural tariffs of 13.9%. Key Canadian exports, such as durum and high-quality common wheat currently face maximum tariffs of up to 148 euros per tonne. When CETA is fully implemented, most of these tariffs will be eliminated, making Canada's agricultural products more competitive and attractive to the EU's half a billion consumers.

CETA will also create new opportunities for the food processing and beverage industry. On the day of CETA's entering into force, all EU tariffs on Canadian processed foods, with the exception of sweet corn and refined sugar, will be immediately eliminated. This comprehensive tariff elimination across the board will directly benefit Canada's processed food and beverages sector to generate more opportunities, which will lead to more jobs, higher wages, and greater long-term prosperity for Canadians.

CETA also recognizes that barriers to trade extend beyond import tariffs. The agreement will establish mechanisms to address key issues of importance to our producers, including committees and regulatory co-operation.

CETA also includes provisions to address non-tariff measures in the EU, such as those related to animal and plant health, and food safety.

The Canada-European Union comprehensive economic and trade agreement is a good deal for our farmers and our small businesses. Access to a market of 500 million consumers is very good news for our country. At the end of the day, this agreement is good for small businesses and farmers.

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

February 3rd, 2017 / 12:15 p.m.

NDP

Guy Caron NDP Rimouski-Neigette—Témiscouata—Les Basques, QC

Mr. Speaker, I thank my colleague for his speech.

I know that he is a member of the Standing Committee on Agriculture and Agri-Food. Like people in many agricultural ridings, the people in my riding are concerned mainly about compensation promised to dairy and cheese producers in connection with the Canada-European Union comprehensive economic and trade agreement.

Under the previous government, when the agreement was first signed, there was a promise, a commitment to provide compensation to help the industry with the transition. Compensation was eventually pegged at $4.3 billion over 10 years, which is about $430 million per year.

The problem is that, when the Liberals promised compensation, the amount was much smaller, having shrunk to $350 million over five years. That five-year amount is smaller than the yearly amount promised at first.

Can the member comment on the negative impact this dramatically lower compensation will have on dairy and cheese producers, especially in regions where the industry is extremely important to the economy?

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

February 3rd, 2017 / 12:15 p.m.

Liberal

Francis Drouin Liberal Glengarry—Prescott—Russell, ON

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

Being the finance critic, he must understand that we compare apples to apples, not to oranges. The compensation he is talking about covered two agreements, CETA and the TPP. The TPP has not been signed or ratified, so obviously, the numbers are different.

The estimated impact on our dairy producers under CETA is 1.4% compared to a 3.25% hit with the TPP. It is clearly not the same thing.

I am pleased to announce that $100 million will be available to our processors and that $250 million will be available to our dairy producers to help them make the transition and become more competitive.

I thank my colleague for his question, but he is not comparing the same things.

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

February 3rd, 2017 / 12:20 p.m.

Liberal

Karen Ludwig Liberal New Brunswick Southwest, NB

Mr. Speaker, I heard my colleague speak earlier about agriculture. He clearly has a strong understanding of its significance in his riding and his province.

Through the international trade committee, we heard consistently from agricultural producers about the importance of international trade. We live in a country with 33 million people, and the opportunity to expand our markets is absolutely critical.

My question to the hon. member ties in to the previous question about compensation. We heard from farmers who told us about compensation packages in conjunction with innovation so they are more innovative and competitive and can expand markets, not only for exporting but for importing opportunities.

What is our government doing to help our agricultural sector, in terms of imports and exports, become more innovative, such as the CanExport program? I wonder if you could elaborate on that.

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

February 3rd, 2017 / 12:20 p.m.

The Assistant Deputy Speaker Anthony Rota

I am sure the hon. member did not mean me but meant the hon. member for Glengarry—Prescott—Russell. I would remind the hon. member to always please speak through the chair.

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

February 3rd, 2017 / 12:20 p.m.

Liberal

Francis Drouin Liberal Glengarry—Prescott—Russell, ON

Mr. Speaker, I represent over 300 dairy producers in my riding, and they were extremely happy when our government announced $350 million: $100 million to help our processors, and I have two processors in my riding; and $250 million to help our dairy farmers transition to help make them more competitive.

The UN estimates that by 2050, we will have to increase our food production by at least 70%. CETA provides that vehicle, but we need to ensure that our farmers are well positioned to make Canada the best place in the world so they can compete with other countries.

The agri-marketing program helps our farmers bring over investors so they understand what happens here and so we can help position their products in other countries in the world.