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

[Peter Fonseca, Liberal, Mississauga East—Cooksville, ON]

Madam Speaker, I am pleased to rise in the House today to speak about CETA, the Canada-European comprehensive economic and trade agreement.

I would like members to think about 500 million people, a $20 trillion economy, and the opportunity this agreement is presenting to Canada right now. If there was ever a time to diversify, to reach out to the rest of the world, to open up new trade agreements, this is the time. I am delighted that we are doing this.

I was lucky to sit on the Standing Committee on International Trade through its review of Bill C-30 and heard from a variety of stakeholders. While expanding trade to create new opportunities for Canadian businesses abroad, this agreement is about more than just trade and investment. The Canada-EU agreement, CETA, is a major landmark in the development of a progressive trade agreement, which our government is firmly committed to advancing. Notably, CETA includes robust commitments to promote high environmental and labour standards, and promote sustainable development, as Canada and the EU benefit from increased economic activity flowing from a liberalized trade zone.

Let me begin by speaking about the environmental provisions in CETA.

Canada's rich natural resources and environment are essential to our high standard of living and quality of life. Our government is firmly committed to the principle that a clean environment and a strong economy must go hand in hand.

Trade liberalization and environmental protection should be mutually supportive. Fostering robust environmental governance as our trade relationships expand is critical to ensuring long-term sustainable economic growth and well-being. This is all reflected in CETA. Underpinning this is the fact that we have many shared values with the European community, the shared values of freedom, democracy, peace, and human rights.

Specifically, through ambitious and comprehensive environmental commitments set out in the trade and environment chapter, Canada and the EU agree to pursue high levels of environmental protection to effectively enforce domestic environmental laws and to not relax or derogate from such laws in order to encourage trade or investment. Canada and the EU have also agreed to ensure transparency and public awareness and engagement in the development and implementation of environmental laws and policies. In addition, the environment chapter requires that each party ensures that appropriate and effective domestic processes and remedies are available to address any violations of its domestic environmental laws. A public accountability mechanism also allows for members of the public to raise concerns and make submissions related to the trade and environment chapter.

Recognizing the value of international co-operation, and in addressing environmental challenges, Canada and the EU reaffirmed their commitments to implement the multi-lateral environmental agreements that we have ratified, such as the historic Paris agreement to combat climate change.

In addition, CETA includes provisions to reinforce the relationship between trade and the environment. For example, Canada and the EU undertake to promote trade and investment in environmental goods and services. This includes special attention to goods and services of particular relevance for climate change mitigation. Moreover, the trade and environment chapter includes specific commitments for Canada and the EU to promote sustainable forestry and fisheries management. This includes co-operation to address issues such as illegal forestry and illegal unreported fishing.

To build on and strengthen our bilateral relationship, the trade and environment chapter establishes a framework for co-operation between Canada and the EU on trade-related environmental issues of shared interest. Should any issue arise under the trade and environment chapter, a dedicated government-to-government mechanism has been created to address the matter through consultations and dispute settlement. This includes review by an independent panel of experts whose recommendations would be made publicly available.

With this robust and high-quality trade and environment chapter, Canada and the EU have demonstrated our shared commitment to upholding and strengthening environmental protection as we enhance our trade and investment partnership.

For Canada, this reflects the strong priority that this government places on protecting and conserving the environment both at home and on the global stage. For example, we are very proud to have recently ratified the historic Paris agreement to address climate change. Closely following this, together with our international partners, we came to an important agreement to amend the 1987 Montreal protocol to phase down hydrofluorocarbons, which represents a significant step in combatting climate change.

At home, our government is working with the provinces and territories to develop a pan-Canadian framework on clean growth and climate change. This represents our strong commitment to taking action for a sustainable future and transitioning to a clean-growth economy. The trade and environmental chapter in CETA advances the objectives of Canada's progressive trade agenda. The implementation of this chapter will promote sustainable and inclusive economic growth as we continue to facilitate opportunities for Canadian businesses abroad.

Likewise, the trade and labour chapter of CETA reflects Canada's commitment to progressive trade policies. Canada and the EU have committed to ensuring that their laws respect the International Labour Organization's 1988 Declaration on Fundamental Principles and Rights at Work, which covers the elimination of child labour, forced labour, discrimination, the respect of freedom of association, and the right to bargain collectively. Canada and the European Union have also committed to effectively implementing the fundamental ILO conventions that each has ratified, and to make continued, sustained efforts toward ratification of fundamental conventions that have not been ratified to date.

To further protect the rights of workers, Canada and the EU have also committed to ensuring acceptable protections in regard to health and safety at work, acceptable minimum employment standards, and non-discrimination in respect of working conditions, particularly for those migrant workers. The chapter also includes provisions that enable members of the public to submit complaints concerning perceived failures to respecting labour obligations. This is a very progressive move, one that sets a gold standard for the rest of the world to look to.

These important commitments to CETA's environment and labour chapters are complemented and reinforced by a trade and sustainable development chapter. CETA marks the first time that Canada has negotiated a chapter on sustainable development in a free trade agreement. It is the first time. This chapter highlights Canada and the EU's shared objective that international trade should be developed in a way that promotes sustainable development and its environmental, social, and economic aspects. In support of this goal, it establishes commitments in areas such as encouraging businesses to adopt voluntary practices of corporate social responsibility. The trade and sustainable development chapter also commits the parties to review, monitor, and assess the impact of the implementation of CETA on our sustainable development. As well, it establishes a committee on trade and sustainable development to oversee the implementation of this chapter, as well as those on the environment and labour.

Finally, recognizing the importance of public participation and consultation, Canada and the EU agreed to innovative approaches to engaging with civil society through the creation of a joint civil society forum. This forum will conduct a dialogue on issues related to trade and sustainable development in the context of CETA.

This is an ambitious and comprehensive commitment that we have made on the environment, on labour, and on sustainable development. CETA marks a key milestone for progressive trade. This agreement supports this government's firm resolve that free trade must not come at the expense of high environmental and labour standards, but rather advance sustainable and inclusive growth and development for all Canadians.

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

Madam Speaker, I want to thank the member for his speech, his hard work on the international trade committee, and for talking about public consultation.

The Prime Minister and the Liberal Party often talk about there being no relationship more important to the Government of Canada than that with Canada's indigenous people. They promised that they would do all economic development on the condition and on the foundation of principles of consultation, accommodation, and consent.

Has the Government of Canada had consent from Canada's aboriginal people on this trade deal?

[Peter Fonseca, Liberal, Mississauga East—Cooksville, ON]

Madam Speaker, I am so proud of this agreement. The reason I am proud is that we have worked with all of our partners. We have worked with indigenous peoples. We have worked with the provinces and territories. This is the way to construct an agreement, by bringing everyone on board. That is why it has been so comprehensive.

We have heard from all stakeholders. That is very unlike the way things worked with the TPP. This is the way to construct an agreement, by listening to all people. The indigenous peoples have been listened to at the provincial level and the federal level.

I spoke to the labour standards, the environmental standards, and the sustainable development standards. This is the type of agreement we can all be proud of and will be moving forward with.

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

Madam Speaker, in general thrust, I agree with the member, although it is interesting to hear the Liberals try to twist themselves in contortions talking about how the Canada-EU trade deal we negotiated was good, but on the TPP deal we negotiated, we are actually not sure what they think.

Many members of the government have talked about the importance of more open trade. What is the member's view of trade in the Asia-Pacific? Does the government have a plan? Does it have an agenda when it comes to increasing our trade relationships with like-minded democracies in the Asia-Pacific area, like Australia, New Zealand, and Japan? Does it have a plan, and what is that plan?

[Peter Fonseca, Liberal, Mississauga East—Cooksville, ON]

Madam Speaker, we are talking about Bill C-30 and CETA. The member brought up the TPP. The former regime did not consult when it brought forward the TPP. It was very closed in the exercise of working on the TPP. We took a different approach. It was one of transparency, of openness, and of reaching out to stakeholders.

As I mentioned in my previous answer to another member, this is the way to do things, in an open and transparent way, speaking with all stakeholders, with the provinces and territories, and with indigenous peoples, rather than, as the previous government did, in a cloud of secrecy. It ensures that Canadians know that whatever decision we make in the House is to the benefit of all Canadians.

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

Madam Speaker, it is very common in this debate to hear members proclaim, as though it were an actual fact, that investor-state agreements do not challenge the environment and do not erode our environmental laws, but the reality, the track record, is entirely to the contrary. We have had laws that protected us from toxic gasoline additives actually repealed in the House of Commons based on a chapter 11 investor-state dispute, when Canada did nothing wrong in terms of the evidence, the science. We just cost profits to a U.S.-based corporation.

Because of that agreement, this deal will continue to face opposition in the European Union. I ask the hon. member if the government would consider, even at this point, recognizing that passage of the trade elements of CETA will continue to be impaired by the presence of investor-state dispute resolutions, which would give corporations superior power to government.

[Peter Fonseca, Liberal, Mississauga East—Cooksville, ON]

Madam Speaker, the member is quite right. In the past, many times, investor-state dispute mechanisms have been done very poorly. Many stakeholders, individuals, corporations, and countries have been caught on the short end of the stick. That is why so much time and effort was put into a progressive approach, which has been deemed the gold standard of investor-state dispute mechanisms, within CETA. It was one of the things Canada and the European Union grappled with, ensuring that this would be a standard that all could look to. We feel we have struck the right balance.

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

Madam Speaker, I would like to follow up on a previous question about the issue of consultation. We are talking about the Canada-EU free trade deal, but I know, if he does not, that the structure for consultation for trade deals is fundamentally the same across trade deals. It involves inviting stakeholders to have an opportunity to have input, provided they do not release information publicly while those discussions are going on. Obviously, it involves negotiations not taking place in public.

If the member is comfortable with the amount of consultation that happened under the Canada-EU free trade deal, but is not comfortable with what happened under the TPP, does he not acknowledge that the process followed was actually the same?

[Peter Fonseca, Liberal, Mississauga East—Cooksville, ON]

Madam Speaker, if the member were to do a study on the TPP from start to finish, and we are not sure where that finish will be, and the CETA agreement, and did a compare and contrast, he would see that they are night and day.

With the TPP, it was very much behind closed doors. It was an agreement that was done, for the most part, in secrecy. CETA was open to the public. The public was quite aware of what was going on with CETA. There was much more partnership with the provinces and territories. Everybody had to come on board with this agreement to bring this agreement to fruition. That was not the case with the TPP.

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

[Cheryl Gallant, Conservative, Renfrew—Nipissing—Pembroke, ON]

Mr. Speaker, on behalf of my constituents in the Ottawa Valley riding of Renfrew—Nipissing—Pembroke, I am pleased to participate in today's debate, ushering in the peace and prosperity agenda that represents the cornerstone of successive Conservative policies that have been the envy of the rest of the world.

The trail that leads to today's debate for a Canada-EU trade agreement began with our previous Conservative government under the leadership of the Right Hon. Stephen Harper, and was concluded before the last general election. Conservatives recognize that international trade initiatives generate increased economic activity, drive prosperity and job creation, as well as foster greater co-operation between our democratic allies. The Canada-EU agreement will emphasize the importance of secure access to international markets through a rules-based trading system.

Canada must trade. Jobs in Canada depend upon the ability to export what we ourselves do not consume. In turn, the world needs what Canada produces. Conservatives believe that Canada should strive to maximize the benefits we have as a free trading nation. We understand clearly the need to diversify markets as competition promotes fairness. The need to establish trading relationships beyond North America is exactly what CETA accomplishes. This landmark trade agreement is the result of sound Conservative trade policy and years of hard work. I welcome the opportunities in employment and wealth creation of bringing this deal into force.

I ask all Canadians to recognize the hard work over the past decade by our world-class trade negotiators, the ministers who led them, and the prime minister whose vision led Parliament to pass a record number of free trade agreements. The path to reaching the comprehensive economic and trade agreement between Canada and the EU began nearly a decade ago under our previous Conservative government. Negotiations were formally launched in 2008 by then minister of international trade, my good friend and former colleague, the Hon. Stockwell Day. Talks continued under my friend and colleague, the hon. member for York-Simcoe, who also found time to launch trade talks with India, the world's largest democracy, and trade talks, now finalized, with Ukraine, a democracy under siege. However, we would not be here today if it were not for the hard work and heavy lifting by Canada's longest serving and, easily argued, best minister of international trade, the hon. member for Abbotsford. As minister, he ushered through Parliament trade agreements with Colombia, Jordan, Panama, Honduras, and Korea, all while completing negotiations with the 28 countries in the EU. Canada's consumers, entrepreneurs, farmers, miners, and manufacturers will benefit under this agreement, thanks to the hard work of the member for Abbotsford.

I recognize the present federal government in moving forward in the best interests of all Canadians by supporting trade liberalization with the ratification of this trade agreement. With the decision to walk back on a number of Conservative policies, like tax reduction, reducing the federal deficit, and balanced budgets, Canadians are breathing a sigh of relief that this federal government is not following the regressive left trade policy of isolationism by trying to undo our previous Conservative government's accomplishments on trade. I will only be confident when CETA is finalized.

Canadians will see significant economic benefits from free trade with Europe. Perhaps this will inspire the current government to support free trade between provinces, and free the beer. Like NAFTA, CETA was negotiated under a Conservative government and ratified by a Liberal government. My hope for Canadians is that we will see similar economic benefits from CETA as we have under NAFTA.

My constituents are concerned the Liberal government's anti-business policies and reckless deficit spending will wipe out any economic benefits Canadians might see under CETA. NAFTA helped our economy grow. It helped businesses expand and hire more employees. By expanding the Canadian economy with trade, a previous federal government was able to finally wrestle down the reckless deficit spending launched in the 1970s under Pierre Trudeau.

Now, in what might be the most ironic case of history repeating itself, we have another Liberal Prime Minister whose reckless spending has led us into structural deficits that will far outlive many of the majority of the current generation of taxpayers.

When this trade deal with Europe starts to provide a boost to our GDP, I am concerned that the government will use it as an excuse to keep on its reckless spending record.

It is important to remind Canadians that after the government broke its promise on the annual deficit, and then broke its promise on the total amount it would borrow, any fiscal credibility rests on keeping the debt-to-GDP ratio the same. As Canadian employees and employers work together to open new markets for the products and services in Europe, their creativity and drive will increase our country's GDP. This does not justify larger deficits. The debt-to-GDP ratio should decline over the long term as it did when our Conservative government was in power.

Expanding the Canadian economy with trade and reducing debt is the right policy for Canadians. By expanding the Canadian economy, CETA represents an opportunity to get federal spending under control without the cutbacks of the 1990s that resulted in cuts to health care and the decade of darkness for our military and the nuclear industry.

In my riding of Renfrew—Nipissing—Pembroke, we have some of the most innovative and productive farmers in the world. Young farmers are looking forward to seeing 94% of EU tariff lines on Canadian agricultural products becoming duty-free once CETA enters into force. This duty-free access will give Canadian agricultural goods preferential access to the EU market at a time when their American competitors are sidelined, waiting on a stalled deal between the United States and Europe.

With the passage of CETA, I am looking forward to going back to my riding and telling farmers that if they hurry, they can capture new markets and increase their sales. It is important that they increase their sales, because under the Wynne Liberals, their electricity costs have skyrocketed with the hidden carbon tax called the “global adjustment” on consumers' hydro bills. It is important they hurry because the federal Liberal government has implemented a massive carbon tax on all of their energy costs, to be collected by the Toronto Liberal Party.

CETA will be good news for the farmers and manufacturers in my riding, but they use a lot of energy, so any gains they make will be taxed away by the Liberal government.

With the elimination of tariffs between Canada and Europe, combined with our country's vast natural beauty, we could expect to see more European tourists seeking to explore our wilderness. For Europeans watching this debate, whitewater rafting in the upper Ottawa Valley is world class and a lot of fun.

Sadly, when they come this spring, some smaller family-run campgrounds will not be reopening because of the government's relentless attack on small business, and in particular, its attack on family-run campgrounds. Like many European tourists, my colleagues across the aisle may not be aware the government thinks that if campgrounds have fewer than five full-time year-round employees, they are too small to qualify for the small business tax rate and should therefore pay the same as large companies, and in many cases, even more.

Urban MPs do not represent a lot of campgrounds downtown, but when thousands of their constituents leave the city to go camping across Canada this summer and find out their favourite little campground closed because of the Liberals' borrow, tax and spend policies, I expect they will hear a lot more about this issue. In short, CETA is good for tourism, but Liberals are bad for business in the tourism industry.

Again and again, it is the same story. The gains Canadians made from the hard work by our previous Conservative government to cut taxes for all Canadians and successfully negotiate favourable new trade deals is being undone by the Liberal spending government.

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

Madam Speaker, I find it is kind of tough to follow along when some members speak, but one thing I will say about the member is she is consistent. I do applaud her on that. That is the nice thing I have to say, I guess.

The question I would have for the member is, on a number of fronts, she just throws something into the air that gets recorded in Hansard and I do not quite understand the logic behind it. Let me give an example. The member continually makes reference to deficits and reckless spending. One would think she was talking about the Harper government, which had the largest, most significant deficit in the history of Canada. That is Stephen Harper, the former prime minister.

She talked a great deal about trade and how Canadians are going to benefit from it. It was Stephen Harper who brought us to the deficit side of the trade balance.

Yes, the Conservative government did do some work in bringing forward an agreement, but it was our government that brought it across the goal line.

I wonder if the member might want to address some of those points in the best way she can.

[Cheryl Gallant, Conservative, Renfrew—Nipissing—Pembroke, ON]

Madam Speaker, I think the member opposite has been believing the fake news that he generates. In the Liberals' zeal to undo our Conservative legacy on justice for victims, funding for our military, and cutting taxes for low-income Canadians, first and foremost, the Liberals embraced our health care funding formula while sowing divisions between the provinces. They embraced our carbon targets, but imposed a carbon tax on everything. With CETA, they embraced our Conservative legacy on trade, but of course, being Liberals, they perverted CETA to their own end.

[Brian Masse, NDP, Windsor West, ON]

Madam Speaker, one of the things that was mentioned in my colleague's speech was the Liberals being bad for tourism, in general, and the cost on tourists. I would like to ask the member about her comments with regard to adding new taxes for tourists and the subsequent policies that were done under the Harper administration, in particular, the HST. The HST was introduced during a time of deficit.

I had an independent study from the Library of Parliament to examine the borrowing costs during the deficit of the $4 billion that we had to provide for Ontario and $2 billion for British Columbia, at that time, and the interest over a period of time to pay that off as we continued to stay in deficit actually ranged from an $8-billion to a $10-billion deficit.

I would like to ask the member about the deficit increase that was created by the HST, an ideological tax which the Conservatives, under Harper, brought in at that time, and the mere fact that it has cost consumers more money.

[Cheryl Gallant, Conservative, Renfrew—Nipissing—Pembroke, ON]

Madam Speaker, the member is spewing alternative facts. Everyone knows that the HST, what was taxed and whether or not to go ahead with it, was the decision of the provinces.

Our Conservative government pursued trade deals with our allies and developing democracies with so much energy because of former prime minister Harper's vision for Canada and the confidence that Conservatives have in Canadians.

Our Conservative caucus is confident Canadian companies can compete with the best in the world and win. What we do not need is a Liberal promise-breaking and spending government taxing Canadians in order to give handouts to their friends.