Bill C-30 (Historical)

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 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.

Canada-European Union Comprehensive Economic and Trade Agreement Implementation Act

[Georgina Jolibois, NDP, Desnethé—Missinippi—Churchill River, SK]

Mr. Speaker, my question is in line with world changes happening currently with the election of President Donald Trump and with the Brexit vote. If the U.K. triggers its exit from the EU and also leaves CETA, is the member comfortable with the concessions Canada has made in CETA, given that the U.K. represents nearly half of Canada's export market to the EU?

[Dan Albas, Conservative, Central Okanagan—Similkameen—Nicola, BC]

Mr. Speaker, first, the United Kingdom cannot engage in any new trade deals until after it has formally triggered Brexit. Given our long-standing ties with the many Commonwealth countries, particularly the United Kingdom, it would be helpful, and I would hope other members would support this. My understanding is the United Kingdom was very key in the negotiations of CETA, and perhaps we could come to terms rather quickly and maintain that market access. Of course, that would take the government to engage with the United Kingdom. The United Kingdom has been talking to many other liberal western democracies, such as the United States, because it believes it is in its interest to keep trade lines open.

Therefore, I really hope the government will be quick on its feet and that it has pounded on the door to let the United Kingdom know that Canada wants to not only continue that relationship but increase it.

[Francesco Sorbara, Liberal, Vaughan—Woodbridge, ON]

Mr. Speaker, it is with great pleasure that I rise to speak to Bill C-30 for the second time now. It is a great event when we can implement a progressive trade agenda between Canada and our second-largest trading partner, the European Union.

It gives me great pleasure as the chair of the Canada-Italy Interparliamentary Group, as an Italian citizen, a European citizen, as well as a Canadian citizen to say that our two communities are working together. This is an unprecedented trade deal in the world we live in. It will bring great benefits to the Canadian economy as well as the European economy. It will open up new markets for our manufacturers and our service providers, firms looking to create personal wealth for their citizens. It will drive long-term economic growth.

When I look at the trade deal that we brought over the finish line, that we completed as a government, I must congratulate our current Minister of Foreign Affairs for her work on completing the agreement, and I congratulate the European Parliament for passing the agreement and now it will go to the individual European Union members.

When I look at what we are putting in place as a government, I say how are we growing the middle class, how are we strengthening the middle class, which is the backbone of our economy, the backbone of Canadian society for generations, and that is the way it will continue.

This morning we created a thing called Toronto Global, where we joined with our municipal partners and our provincial partners and we invested funds to help grow the Toronto economy, an investment hub in Toronto. Toronto as we know is an economic generator in Canada, along with the oil patch in Alberta, along with the manufacturing sector in the heartland of Ontario, and here we are investing.

A few months ago, the Minister of Foreign Affairs created this Investment Canada hub downtown, $218 million over five years, again, to attract investment to Canada. Why? To create good-paying, middle-class jobs for all Canadians, for the future of my daughters, and for folks here who may be grandparents or parents, so that they will have good jobs for their kids.

I look at our progressive trade agenda that has been implemented with the European Union. I look at some of the things we have done with this deal. There is a chapter on environmental protection, a chapter on sustainable development, and a chapter on labour. This is what I would call a trade deal that is win-win, fair, right, and progressive. We need to underscore it, because that is important for our relationship with all countries around the world, and specifically with the European Union.

I look at companies such as Fiat Chrysler Canada, which is part of FCA group headed out of Turin, Italy. I look at investments they have made in cities like Windsor and Brampton. I look at the jobs that they are creating, the good middle-class jobs that they are providing for Canadians from coast to coast to coast. It is very important.

I look at my own personal background and what trade has done for me. I grew up in northern British Columbia. To pay for my university education, I worked at the Canadian grain elevator, which as we can imagine exported wheat, barley, and oats through Prince Rupert to countries all over the world. These were very good, and still are very good, above-average paying middle-class jobs.

It gives me great pride to acknowledge that trade grows our Canadian economy. Trade is good, and that is what this deal does. The European Union alone imports over $2 trillion worth of goods and services. That is larger than the Canadian economy. We think about the opportunities that Canadian companies will have to export their manufactured goods, but even above that, above the manufacturing sector, we think of the services, so we think of consultants, we think of organizations. We look at the opportunities for procurement, for transportation companies to not only bid on jobs in the European Union, but also to employ Canadians. The opportunities are tremendous.

We look at what we have done to strengthen the middle class in addition to CETA. We look at our plan for infrastructure in Canada. Obviously that will be a plan that will strengthen our ports, our airports, and our waterways, so goods and services can be exported expeditiously and efficiently to countries in Europe.

Another bonus is our plan for middle-class Canadians in terms of taxes. We lowered taxes last year. Nine million Canadians now pay lower taxes in Canada. Over $20 billion of tax relief is another measure to strengthen the middle class. The Canada child benefit is something to strengthen the middle class. CETA is something that will strengthen the middle class. I am very proud to speak to this measure today.

When I look at the country of Italy where my parents came from, the trade that goes back and forth and the strong cultural and historic ties, I can only say that CETA is a win-win for both where I came from and for the country we now call home and love. CETA provides us with a tremendous opportunity to strengthen ties, to invest in both countries, and to create those good-paying middle-class jobs.

I would say to my colleagues on the other side of the aisle that if they look at the economic data on Canada, we have had very strong gross domestic product and employment numbers in the last two to three months. We have seen a pick-up in Canada. There is uncertainty, but the only thing we can do with uncertainty is to have a steady hand. That is why we have a foreign affairs minister doing what she is doing and a trade minister doing what he is doing, which is reaching out to our counterparts and allies. We will stand together with them, grow the economy through CETA, and continue to do that. I am proud to be a part of that.

On the infrastructure side, there is $181 billion over 12 years. As we know, infrastructure allows for the strengthening of economic growth, today and tomorrow. We will continue to implement that. In a few months, in the riding I am from, they will open a new subway, the York-Spadina subway extension from the city of Toronto. That is infrastructure that is being put to use. Approximately three or four weeks ago, I was proud to announce an investment by the Canadian government for a new inter-regional transit terminal in the city of Vaughan. That will again strengthen the local economy, move goods and services, move people, and strengthen the middle class.

CETA is a trade deal that will help us grow the economy, create good jobs, and at the same time strengthen the middle class. I have to underline that.

CETA's improvements for services, investments, labour mobility, and government procurement are groundbreaking. It will be a model for other trade deals that will occur throughout the world. For Canadian companies, 98% of Europe's tariff lines will be eliminated. Again, this is all great for the economy.

As I have heard this morning and in past days, we have been hit with uncertainty on the horizon. However, CETA provides an avenue of certainty for Canadian firms to know that they can trade and invest with the second-largest economy in the world and the second-largest trading partner for Canada. That will allow us to grow a stronger economy.

I will also look at the other measures we have implemented to strengthen the middle class, such as the CPP enhancement, which was groundbreaking for us. It will allow the next generation to know that they will have a strong and healthy retirement, and allow them to retire in dignity.

I think my time is almost up. However, I would like to say this with respect to the CETA deal. It demonstrates to us just how important relationships are in today's world. I believe that the majority of members in the House are in support of the deal. It demonstrates to all of us the path forward that we, as a government, must take with our international allies, a path forward where progressive trade deals and a progressive agenda win. That is the way we will grow our economy. That is the way we will strengthen our middle class. I continue to underline that.

In reading over CETA and the chapters on environmental protection, the innovative approach to investor protection and investment dispute resolution provisions, and the safeguards that are in place regarding our manufacturers—we have obviously excluded the social services aspect from the deal—this deal is groundbreaking. We have finished it, and I am proud of that fact.

To conclude, as someone who has worked internationally, both in New York City and for some time in London, England, and has travelled extensively in Europe and the United States, I look at this deal as almost guaranteeing for my children the opportunities that I have had. That is effectively what it does. It allows us to grow our economy and provide opportunities for individuals and businesses who want to trade, invest, create wealth, and create good-paying Canadian jobs.

[Garnett Genuis, Conservative, Sherwood Park—Fort Saskatchewan, AB]

Mr. Speaker, I congratulate the Liberal government on having successfully rebranded the trade deal that the Conservative government negotiated.

I want to ask the member about trade in the Asia-Pacific area. Of course, with the new President of the United States, there is some doubt about how that will proceed. Our view is that it is certainly important for us to continue to pursue trading arrangements, especially with like-minded democracies in the Asia-Pacific region. In that vein, it is very important for our Prime Minister to speak out about the importance of the open economy, which we have not seen a lot of.

Can the member reflect on the future of trade in the Asia-Pacific, and on what more the Prime Minister needs to be doing to communicate the value of trade in a clear way?

[Francesco Sorbara, Liberal, Vaughan—Woodbridge, ON]

Mr. Speaker, the member can look at our government's actions in terms of promoting trade and investment to Canada with the recent appointment of the new ambassador, our former hon. colleague. He can look at our government's commitment to grow trade, whether on a large multilateral basis or on a bilateral basis.

Our government, and even from our platform, emphasizes trade as a way of growing our economy and strengthening our middle class. The member has seen our recent actions with the appointment of the new ambassador, our discussions, and the Prime Minister's trip to China a few months ago.

We are committed to strengthening our trade ties with the vast majority of countries, and doing it smartly, with the appropriate and pertinent safeguards in place. We will continue on that path.

[Romeo Saganash, NDP, Abitibi—Baie-James—Nunavik—Eeyou, QC]

Mr. Speaker, one of the aspects that we seem to forget when we talk about international agreements is the impact that these agreements have on indigenous people, and the constitutional rights of indigenous people in this country. The government has committed to a renewed relationship, a nation-to-nation relationship, with indigenous peoples. Most importantly, in my view that nation-to-nation relationship needs some sort of true meaning.

As I said, these agreements have impacts on the rights of indigenous peoples. With that in mind, I have two simple questions for the member.

Will future bilateral or multilateral negotiations with Canada include the full participation of indigenous peoples because of those rights that are so important to them? When the national chief made his presentation last June to the Standing Committee on International Trade, I think he made that point very strongly. The sample principle applies in this case.

Second, there is a constitutional duty to consult and accommodate first nations whenever we affect their rights. Has this duty been carried out in this case with regard to the bill before us?

[Francesco Sorbara, Liberal, Vaughan—Woodbridge, ON]

Mr. Speaker, I grew up on the northern coast. Approximately 50% of the population in the city I grew up in was indigenous. I know many of the issues that have affected the community, and I have many friends from that community.

When it comes to trade deals, in my personal opinion, it is very simple. We want the benefits of those trade deals to flow to all Canadians, including indigenous Canadians. We want to strengthen the middle class. We want to strengthen the opportunities that are available for the folks I went to high school with, and the folks that remain in the city I grew up in, Prince Rupert. That is the best answer I can provide on this issue. We need to make sure that trade benefits all Canadians, including indigenous people.

[An. hon. member]

Oh, oh!

[The Assistant Deputy Speaker, Anthony Rota]

Before resuming debate, I want to remind hon. members that there are protocols in the House, and yelling across the floor is not one of them.

The parliamentary secretary to the government House leader.

[Kevin Lamoureux, Liberal, Parliamentary Secretary to the Leader of the Government in the House of Commons]

Mr. Speaker, it is always a pleasure and a privilege to rise to speak on what I believe are national issues of great importance. This is one of those issues, because it is all about trade.

For a number of years, the leader of the Liberal Party spoke quite well about the importance of Canada's middle class. He started talking about Canada's middle class prior to it becoming a popular topic of discussion or debate in the chamber, in fact, when he was the leader of the third party. Then, during the election campaign, he made it very clear that, from a party's perspective, priority one was Canada's middle class and those working hard to become a part of it.

I am very happy that Canadians recognized and supported that priority. Now the leader of the Liberal Party is, indeed, the Prime Minister of Canada and the government has been able to deliver in many different ways on something very tangible for Canada's middle class and those striving to become a part of it.

In the debate on CETA today, I agree with many of the comments put on the record by my colleague across the way. It is important. Trade really does matter. Canada is a trading nation and this file has been handled so well in the last 18 or 19 months. The former minister of international trade, now the Minister of Foreign Affairs, did a phenomenal job representing Canada's best interests and the Government of Canada.

We need to recognize that the Canada-European Union trade agreement was not a completed deal. The government spent numerous hours finalizing the agreement, and that is important to recognize. Many members opposite made accusations that we dropped the ball, that we were not successful at getting this agreement across the goal line. Not only did we get it across the goal line, but we accomplished many other things related to the trade file.

Whether it was the signing of the Ukraine trade agreement, the ratification of the World Organization Trade agreement legislation that dealt with numerous countries around the world, or some of the pet projects, such as the canola issue in the Prairies with respect to China, or beef and pork exports, we have been very proactive on this file. Why? The Prime Minister has it right when he says that trade does matter. It is through trade that we generate the opportunities for Canada's middle class to grow into the future, and Canada is that trading nation.

I am somewhat disappointed. The New Democrats are like a broken record on trade. Yet again we have an opportunity and it does not matter. There is no appeasing the New Democrats on this file. They oppose this agreement. I do not agree with the NDP. I really believe that it has, once again, lost sight of the end goal, which is to ensure there are good quality jobs into the future and protecting, where we can, the industries that are so critically important to our nation. The NDP is going in a totally different direction on such an important file, especially if we take into consideration what is happening south of us.

I listened to the questions being put forward by the New Democrats today, and previous days, and the only word that comes to mind is “hogwash”. At the end of the day, who are they trying to kid? No matter what agreement we come up with, it is in the DNA of the New Democrats, at the national level anyway, to oppose trade agreements. That is what we are hearing yet again.

The New Democrats are critical of us saying that we have taken different positions on trade agreements. The simple reason is that if there is a trade agreement that is in the best interests of the Canadian economy and Canada's middle class, Canadians will know that we as a party will support it.

We know what it is we speak of. In fact the last time we actually had a trade surplus, it was under a Liberal administration. We actually had a multi-billion dollar trade surplus. We understand the importance of trade. Whether it is the manufacturing industry in the province of Ontario, commodities in the province of Alberta, or my home province of Manitoba where there is a wonderful mixture, we are seeing more and more throughout Canada a diversity in manufacturing, commodities, and so forth. We recognize the actual value of trade.

I often make reference to the pork industry in Manitoba. It is an industry I am familiar with. The Maple Leaf plant is so dependent on being able to export its products. We can look at the Maple Leaf parking lot and see the cars of employees. There are over 1,400 employees working there. They are driving cars, renting and buying homes and furniture, and feeding their families. Manitoba has more pigs than people. The vast majority of that product goes outside of the province of Manitoba. That applies to so many industries.

Some of the very best buses, and I may be a little biased but I would argue that they are the very best buses, are manufactured in my home city of Winnipeg. I can talk about tractors. I can talk about pumps. All sorts of aerospace industry parts and products, from jets, to propellers, to rockets, are manufactured. All sorts of industries are so well developed not only in my home province but throughout this nation.

Canada does not have to take a second seat to any other nation when it comes to quality products. We can market to the world. This government, unlike the New Democrats, values the work and efforts of the industries we currently have. We believe that we can be a conduit that will allow for increased sales abroad, which will in fact create the jobs that Canadians really and truly want.

Jobs are important. We have talked a great deal about the middle class. We know that if there is a healthy middle class, we will have a healthier economy. That is something this government has taken very seriously and will continue to do so.

The Canada-European Union comprehensive economic and trade agreement that we are debating today allows Canada to go even further than one might think, given some of the things that are taking place in the U.S. today. We have an opportunity to be like a gateway into the United States, and to a certain degree a gateway going from the United States to the European Union.

We need to keep the trade file as a high priority. I know that the Prime Minister and the cabinet are committed to continuing to push on the trade file. We know that by doing so we are creating future opportunities. I am talking about those valuable jobs that Canada needs in the future in order to continue to prosper.

It is with pleasure that I was able to add a few thoughts about the importance of trade. I know I am quickly running out of time, but I hope to have the opportunity to answer questions and comments the next time we debate this bill. I know my colleague to my left is quite eager to ask some questions.

With those few words, I look forward to seeing the government continue to push the trade file, because it is important to all Canadians that we do just that.

[The Assistant Deputy Speaker, Anthony Rota]

The hon. member for Winnipeg North will have five minutes for questions and comments when we debate this bill again.

It being 1:30 p.m., the House will now proceed to the consideration of private members' business as listed on today's order paper.

The House resumed from February 3 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.

[The Assistant Deputy Speaker, Carol Hughes]

Order.

The Parliamentary Secretary to the Leader of the Government in the House of Commons had time left and we were at questions and comments.

[David Graham, Liberal, Laurentides—Labelle, QC]

Madam Speaker, in my riding of Laurentides—Labelle, many people often tell me about their concerns with free trade. They believe free trade helps the rich and not those who work the hardest in our society.

I would like my colleague from Winnipeg North to tell us how free trade helps everyone.

[Kevin Lamoureux, Liberal, Parliamentary Secretary to the Leader of the Government in the House of Commons]

Madam Speaker, my colleague is quite passionate in wanting to make sure that his constituents are well represented in the House on important issues and raises a valid concern.

It is important that we recognize that Canada, over the years, has been well established around the world as a trading nation. It is because of trade that we are able to have the type of lifestyle we have, whether it is in urban Canada or rural Canada.

I would assure my colleague that the best thing to do is to appreciate the jobs we have today. For many of those middle-class, hard-working jobs, whether it is providing a product or a widget, or whether it is a service, Canada is well equipped through our post-secondary institutions and many other training facilities to provide some of the very best products and services in the world.

The more we are able to reach out into the world, the better we are as a society, in terms of our lifestyle and beyond that.