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

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

Madam Speaker, I appreciate a number of the comments that the member across the way has made. I want to underline the importance, and maybe get the member to provide his thoughts, in regard to why we have this wonderful opportunity with this particular pact in passing the legislation, especially given what has been taking place over the last number of months with respect to the U.S. Canada can play a strong leadership role in bringing down barriers in the European Union or the United States. At the end of the day, if we continue to be successful at doing that, we all benefit from it, economically and ultimately socially.

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

Madam Speaker, my friend is absolutely right that we are at an important time in terms of the global debates around trade, and also global discussions around pluralism and international harmony as well. We have to recognize the connection between those things and yes, Canada can be a strong voice for all of those things, including the open economy.

I have to say that is why I was somewhat disappointed that immediately after the current President was elected, we had the Prime Minister saying sure, we will renegotiate NAFTA. We need to hear stronger statements from the Prime Minister about the benefit of open trade in the European context, but also how well we have been served by trade over the last few decades here in North America. I know some members of the government are very supportive of that. Other members of the government have made the suggestions of greater skepticism, especially around deals like TPP and the Asia-Pacific. I think trade in the Asia-Pacific as well as with Europe and North America are all very important for ensuring the kinds of benefits that I have talked about.

[Gord Johns, NDP, Courtenay—Alberni, BC]

Madam Speaker, in the NDP, we actually do support trade. We understand the importance of trade but we want to get it right.

I live in a rural community, and for decades we have seen wealth and jobs leave rural communities, so we want to get it right this time. To do that, we need to do an economic impact study and a proper analysis so that we can protect communities. We have seen communities disappear along our coast. I talked a bit earlier about the 25% tariff on ferries and how that was just removed with absolutely no economic analysis, no impact study of what it will do for coastal British Columbia.

Does the member not agree that now is the time to have serious conversations about what it means to pursue trade deals that serve the people's interests over corporate interests, or is it just trade at all costs?

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

Madam Speaker, my friend said at the beginning of his question that he is supportive of the idea of trade. Then he criticized this deal on the basis that from his perspective there are some unknowns. A lot of analysis has been done, a lot of conversations have happened and we see a clear benefit in terms of job creation and in terms of benefits to consumers. The reality of open trade on the other hand is that yes, there is a situation created in which there is competition, in which tariffs are removed. We cannot have a trade deal without removing tariffs and therefore there is competition. There is an opportunity for Canadian companies to compete against European companies and benefit from that to the greater benefit for job creation and for consumers.

It is a bit rich for the New Democrats to say, on the one hand, that they are supportive of trade but, on the other hand, that we cannot possibly have any kind of unknowns or that we cannot possibly expose ourselves to increased competition. It is just part of the reality of a trade deal that those things are necessary.

[Elizabeth May, Green, Saanich—Gulf Islands, BC]

Madam Speaker, the hon. member for Sherwood Park—Fort Saskatchewan gave a very erudite speech and I appreciate his resurrecting of John Maynard Keynes from the Conservative caucus.

I just wonder if the member distinguishes for himself, as perhaps Nobel Prize-winning economists Paul Krugman and Joseph Stiglitz do now, the difference between trade deals that were about breaking down protectionism to allow trade in goods and the new era of deals, like the TPP or CETA, that are more about managing trade, reducing the power of sovereign nations, and expanding the power of transnationals.

[The Assistant Deputy Speaker, Carol Hughes]

The hon. member for Sherwood Park—Fort Saskatchewan, a very brief answer, please.

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

Madam Speaker, I am in favour of trade, generally speaking, that is as free as possible. Obviously, I guess the member is getting at the fact that some of these trade deals leave certain barriers in place and have certain exceptions to them. Of course, that is the reality. It is part of the process of negotiation. I think the point has been made about the degree to which certain kinds of deals are as free as they possibly could be.

However, any time a nation, or really any time anyone, makes a deal, it involves some degree of ceding discretion. If a nation signs on to an agreement, that means it does not have the same level of discretion it had in place. People can hold the provisions of the deal out against them. I think that is just, and that is why we obviously evaluate the provisions of a deal.

However, the objection of the Green Party is that somehow, when we have an enforcement mechanism in a trade deal, it is a fatal flaw. I just do not agree. I think if we are going to—

[The Assistant Deputy Speaker, Carol Hughes]

I am sorry. The time is up. It was a brief answer we were looking for.

Resuming debate. The hon. Parliamentary Secretary to the Minister of Agriculture and Agri-Food.

[Jean-Claude Poissant, Liberal, Parliamentary Secretary to the Minister of Agriculture and Agri-Food]

Madam Speaker, I thank the members for their hard work in moving this vital legislation forward.

The Canadian agriculture sector contributes over $100 billion to Canada's gross domestic product. It generates over $60 billion in exports, and creates one in eight jobs.

Canada’s food processors employ more Canadians than any other manufacturing industry in the country.

When it comes to Canada’s trade in agriculture and food, I would like to focus on three key areas: the importance of trade to the sector; export opportunities; and investing to grow markets.

Canadian farmers and food processors depend on trade. About half of the value of agricultural production in Canada is exported. This includes two-thirds of pork, 80% of canola, and 74% of wheat.

Canada is the world’s top exporter of canola, flax, pulse crops, and wild blueberries. It is also a top-three exporter of wheat and pork.

Last year, Canada’s agriculture and food trade hit a new record of over $60 billion.

Trade helps secure jobs, growth, and opportunities for Canadians and more great food choices for consumers around the world. Trade is a priority for our government, which continues to work hard to open new markets for our farmers and food processors.

The hon. Minister of Agriculture and Agri-Food recently returned from a trade mission to China, along with one hundred industry and government leaders. They were there to promote Canada’s world-class agricultural products and food. China is Canada’s second-largest market for agriculture and food products, valued at over $6 billion.

Just before the visit, we had tremendous news when the Prime Minister announced an agreement with China to expand market access to frozen bone-in beef from animals less than 30 months of age, ensure stable and predictable Canadian exports of canola to China on an uninterrupted basis through early 2020, and support trade in Canadian pork, bovine genetics, and processed foods.

Canada and China have set a goal of doubling trade between the two countries by 2025. All of this is great news for Canadian agriculture and great news for Canada. It is the result of a lot of hard work at all levels, by the Prime Minister, by our officials, and by industry. The mission focused on the growing trade in e-commerce, which is a powerful tool for Canadian industry to expand markets in China and build the Canada brand.

Canada renewed our strategic agreement with JD.com, one of the major platforms for food sales in China. We will keep building the Canada-China relationship. We are also reaching out to other key markets in Asia.

Asia is an important market for Canadian agriculture and food products, and especially for consumption of animal protein. With over half of the world’s population, these are large economies where incomes, urbanization, consumption, and population are all on the rise. Last year, Canadian agrifood exports to Asia were worth almost $17 billion, close to a third of our total exports.

Building on our success in China, we have re-established access for Canadian beef in South Korea, Taiwan, and Mexico. We obtained new access for Canadian pork in India and restored access in Russia and Ukraine.

We are also working closely with Argentina to complete the final steps to regain access for our pork products, as the Prime Minister announced in the fall.

We will work unstintingly to ratify the comprehensive economic and trade agreement with the European Union, to diversify trade opportunities and export destinations. The economic agreement will create new markets for our high quality Canadian agrifood products.

While we support the economic agreement, I can assure you that we understand the situation of Canadian dairy producers who will be facing heightened competition for cheese on the Canadian market. As the father of a young dairy producer, I can assure you that I am very sensitive to that issue. Our government will always stand up for supply management and our milk producers. In fact, that is why the minister and I have announced a $350 million investment to help Canadian dairy producers and processors invest in innovation and make sure the industry stays competitive.

Our government supports supply management. We have taken steps to address concerns around import predictability and the effectiveness of border controls for supply-managed commodities, while at the same time making sure that Canadian processors who use dairy and poultry inputs stay competitive on export markets.

The first thing we need, in order to develop new markets, is a world-class product. We also need investments and resources. That is where we have played a role, opening doors for our agrifood product exporters.

The money we have invested will enable a whole range of industries to capture new global markets, whether for blueberries or for bovine genetics.

In addition to investments, we are allocating key resources to trade. Agriculture and Agri-Food Canada’s market access secretariat is working with the industry to target priority markets. The trade delegates in the agriculture sector are working non-stop on the ground to promote and develop Canadian trade in the agriculture and food sector. Investments in innovation are also essential, to open and expand markets and meet global demand. In the future, the world’s population will continue to grow and demand for Canadian foods will only continue to rise.

To help industry seize these opportunities, the Minister of Agriculture and Agri-Food is working with his colleagues and the industry to prepare the next strategic framework for agriculture, which will take effect in 2018.

Together, we are preparing a plan that will allow us to expand agricultural and food exports, create jobs for the sector, including the middle class, and grow Canada’s economy.

I am optimistic about the future of the agriculture and agrifood sector, an industry with tremendous economic potential. Canadian agrifood exports continue to hit new records every year. Over the next 30 years, global demand for food is expected to grow by 60%.

Somebody is going to meet that demand, and we want it to be Canadian farmers and food processors. CETA will help us do that.

The sector projects that CETA will boost our agricultural exports by $1.4 billion per year. That means more money for Canadian farmers and families. We are very proud of this achievement.

[Randy Hoback, Conservative, Prince Albert, SK]

Madam Speaker, I am encouraged listening to my colleague across the aisle talk about agriculture and trade. We have not heard the Liberal Party in years, if not centuries, actually talk about and acknowledge the importance of trade to the agriculture sector.

I am a little confused. He talked about trade with China, and he talked about CETA and how good that would be, but he did not talk about the TPP or trade with the Asian countries, like Japan, where the TPP would actually gain us market access.

He may know that the Liberal Party has been involved in stalling the actual signatories to the TPP in this House and in the committee for the last year. Can he tell me if he is ready to go to his party and push forward the TPP so we can actually get more benefits for Canadian farmers?

[Jean-Claude Poissant, Liberal, La Prairie, QC]

Madam Speaker, I thank my colleague for his question.

We are here to debate Bill C-30. What I would like to say today is that the previous government negotiated agreements with respect to the TPP, but that is it not currently working on the file.

We are ready to listen to farmers and work with them regardless of which opportunities come up in the future. Our government is transparent.

[Gord Johns, NDP, Courtenay—Alberni, BC]

Madam Speaker, I want to thank the member for La Prairie for talking about areas of the Canadian economy that might benefit from this trade deal.

However, he did not talk about how CETA will, for the first time, legally allow foreign-owned vessels and foreign crews to transport goods between Canadian ports, which is called cabotage, and will open up domestic dredging contracts to foreign suppliers. This will lead to an estimated loss of 3,000 coastal jobs, high-quality, well-paid jobs, and will indirectly affect 250,000 people. Competitors could come in and undercut Canadians, paying their employees $2 an hour, with low safety standards and poor working conditions.

In coastal B.C., we have lost tons of jobs. We are seeing communities disappear with the decline in the forest sector. Where are our Liberal MPs in demanding an analysis and a proper economic impact study to protect coastal communities and mariners? We need them to stand up right now. If we do not stand up, we might as well get an eraser and start erasing coastal communities.

These jobs are important. Would the member talk about what he is going to do, and what the Liberals are going to do, to fight for coastal British Columbians and these important jobs?

[Jean-Claude Poissant, Liberal, La Prairie, QC]

Madam Speaker, I thank my colleague for his question.

As members of the House know, a great deal of trade is going to happen thanks to the comprehensive economic agreement. Of course, we are also listening to certain sectors that might have a different experience than other sectors. As I said, these agreements will boost exports by $1.4 billion and help us create good jobs in this sector.

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

Madam Speaker, I wonder if my colleague could continue on the point that there are industries that will in fact benefit.

One of the industries I have talked a great deal about is the aerospace industry. We have bus manufacturing industries. There are many products, widgets, we will call them, in Canada that will benefit immensely from a broadened market. The EU will in fact broaden the market.

Would the member provide his thoughts on the benefits of having a larger market for those companies that produce and manufacture products and provide good-quality jobs? We will see better and more opportunities for many of those companies, both small and large businesses.

[Jean-Claude Poissant, Liberal, La Prairie, QC]

Madam Speaker, I thank my colleague for his question.

Indeed, thanks to this agreement, many jobs will be created in the sectors my colleague just mentioned.

I would like to come back to agriculture. We know that Canada will be importing a little more cheese, but we will be exporting huge amounts of pork and beef. We have some agricultural products that my not be well known but are appreciated all over the country. I used the example of maple syrup and wild blueberries. These are going to be value-added products with access to a much larger market.