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Minutes of Proceedings

43rd Parliament, 2nd Session
Meeting 17
Friday, February 26, 2021, 1:03 p.m. to 3:41 p.m.
Webcast
Presiding
Hon. Judy A. Sgro, Chair (Liberal)

House of Commons
• Philippe Méla, Legislative Clerk
• Jacques Maziade, Legislative Clerk
• Émilie Thivierge, Legislative Clerk
 
Library of Parliament
• Offah Obale, Analyst
• Bashar Abu Taleb, Analyst
Business Council of Canada
• Trevor Kennedy, Director, Trade and International Policy
Canadian Alliance of British Pensioners
• Ian Andexser, Chairman
Canadian Cattlemen's Association
• Fawn Jackson, Director, International and Government Relations
• Doug Sawyer, Co-Chair, International Trade Committee
Canadian Federation of Independent Business
• Corinne Pohlmann, Senior Vice-President, National Affairs and Partnerships
Canadian Manufacturers & Exporters
• Matthew Poirier, Director, Trade Policy
Department of Foreign Affairs, Trade and Development
• Doug Forsyth, Director General for Market Access and Chief Negotiator, Canada-United Kingdom Trade Continuity Agreement
• Torsten Ström, General Counsel, Trade Law Bureau
• Allison Trenholm, Deputy Chief Negotiator, Canada-United Kingdom, Trade Continuity Agreement
Department of Finance
• Brad Norwood, Senior Economist, International Trade Policy Division
Pursuant to the order of reference of Monday, February 1, 2021, the committee resumed consideration of Bill C-18, An Act to implement the Agreement on Trade Continuity between Canada and the United Kingdom of Great Britain and Northern Ireland.

Trevor Kennedy, Ian Andexser, Doug Sawyer, Corinne Pohlmann, Matthew Poirier made statements and, with Fawn Jackson, answered questions.

At 2:29 p.m., the sitting was suspended.

At 2:43 p.m., the sitting resumed.

The committee commenced its clause-by-clause study of the Bill.

Pursuant to Standing Order 75(1), consideration of Clause 1 (short title) was postponed.

The Chair called Clause 2.

By unanimous consent, Clauses 2 to 6 inclusive carried on division severally.

Jenny Kwan moved, — That Bill C-18 be amended by adding after line 20 on page 2 the following new clause:

“6.1 This Act is to be construed as upholding the rights of Indigenous peoples recognized and affirmed by section 35 of the Constitution Act, 1982, and not as abrogating or derogating from them.”

After debate, the question was put on the amendment of Jenny Kwan and it was negatived on the following recorded division:

YEAS: Jenny Kwan, Sébastien Lemire — 2;

NAYS: Chandra Arya, Rachel Bendayan, Sukh Dhaliwal, Neil R. Ellis, Randeep Sarai — 5.

By unanimous consent, Clauses 7 to 15 inclusive carried on division severally.

Pursuant to the order adopted by the committee on Wednesday, October 14, 2020, the following amendment, submitted by Paul Manly for the consideration of the committee, was deemed moved:

That Bill C-18 be amended by adding after line 2 on page 6 the following new clause:

“Sunset Provisions

15.1 (1) Sections 1 to 15 cease to have effect at the end of the 15th sitting day of Parliament after the third anniversary of the coming into force of this subsection unless, before the end of that day, the operation of those sections is extended by resolution — whose text is established under subsection (6) — passed by both Houses of Parliament in accordance with the rules set out in subsection (8).

(2) The related amendments enacted by sections 16 to 49 also cease to have effect upon sections 1 to 15 ceasing to have effect.

(3) A comprehensive review of sections 1 to 15 and their operation must be undertaken by any committee of the Senate, of the House of Commons or of both Houses of Parliament that may be designated or established by the Senate or the House of Commons, or by both Houses of Parliament, as the case may be, for that purpose.

(4) The comprehensive review of sections 1 to 15 and their operation must

(a) take into account the perspectives of various groups, including local communities, Indigenous peoples and civil society organizations such as registered charities, non-governmental development organizations, labour unions, environmental organizations, community groups, human rights organizations and advocacy groups; and

(b) include an assessment of their impact in relation to Canada’s sovereignty, the economy, jobs, trade balances, regulatory capacity, human rights, labour and environmental standards, the conduct of foreign investors in Canada and of Canadian investors in the United Kingdom, as well as on the rights of Indigenous peoples recognized and affirmed by section 35 of the Constitution Act, 1982.

(5) The committee referred to in subsection (3) must, within a year after a review is undertaken under that subsection or within any further time that may be authorized by the Senate, the House of Commons or both Houses of Parliament, as the case may be, submit a report on the review to both Houses of Parliament, including its recommendation with respect to extending the operation of sections 1 to 15.

(6) The Governor in Council may, by order, establish the text of a resolution that provides for the extension of the operation of sections 1 to 15 and that specifies the period of the extension, which may not exceed three years from the first day on which the resolution has been passed by both Houses of Parliament.

(7) If the operation of sections 1 to 15 is extended by order under subsection (6), the operation of the related amendments enacted by sections 16 to 49 is to be extended for the same period as that specified for sections 1 to 15.

(8) A motion for the adoption of the resolution may be debated in both Houses of Parliament but may not be amended. At the conclusion of the debate, the Speaker of the House must immediately put every question necessary to determine whether or not the motion is concurred in.

(9) The operation of sections 1 to 15 may be further extended in accordance with the procedure set out in this section, but the reference to “the third anniversary of the coming into force of this subsection” in subsection (1) is to be read as a reference to “the expiry of the most recent extension under this section”.

(10) If the operation of sections 1 to 15 is further extended in accordance with the procedure set out in this section, the operation of the related amendments enacted by sections 16 to 49 is to be further extended in accordance with the same procedure.

(11) In subsection (1), sitting day of Parliament means a day on which both Houses of Parliament sit.”

After debate, the question was put on the amendment of Paul Manly and it was negatived on the following recorded division:

YEAS: Jenny Kwan — 1;

NAYS: Chandra Arya, Rachel Bendayan, Sukh Dhaliwal, Neil R. Ellis, Randeep Sarai — 5.

Pursuant to the order adopted by the committee on Wednesday, October 14, 2020, the following amendment, submitted by Paul Manly for the consideration of the committee, was deemed moved:

That Bill C-18 be amended by adding after line 2 on page 6 the following new clauses:

“Subsequent Agreements

15.1 (1) During the period starting 90 days before the day on which negotiations in relation to a new agreement begin and ending 30 days after the day on which the new agreement is signed, the Minister must hold public consultations with members of the public, civil society organizations, municipal and provincial governments and Indigenous governing bodies and Indigenous organizations that will be affected by the agreement.

(2) For the purposes of subsection (1), the Minister must

(a) hold public consultations on a regular basis;

(b) publish on the website of the Department of Foreign Affairs, Trade and Development a notice of each public consultation at least 10 days before the day on which the public consultation is held;

(c) enable participants to choose to attend public consultations in person or by electronic means; and

(d) enable participants to make written submissions at any time during the public consultation period.

15.2 (1) For any new agreement, the Minister must prepare a report summarizing the results of the public consultations and outlining how the Government of Canada is taking these results into account in developing Canada’s policy in relation to the agreement, in respect of each of the following periods:

(a) the period starting 90 days before the day on which negotiations in relation to the agreement begin and ending the day before the day on which negotiations begin; and

(b) the period starting the day on which negotiations begin and ending 30 days after the day on which the agreement is signed.

(2) The Minister must publish on the website of the Department of Foreign Affairs, Trade and Development

(a) the report for the period referred to in paragraph (1)(a) within 30 days after the day on which negotiations in relation to the agreement begin; and

(b) the report for the period referred to in paragraph (1)(b) within 60 days after the day on which the agreement is signed.”

The Chair ruled the proposed amendment inadmissible because it was beyond the scope of the Bill, as provided on page 770 of House of Commons Procedure and Practice, Third Edition.

Pursuant to the order adopted by the committee on Wednesday, October 14, 2020, the following amendment, submitted by Paul Manly for the consideration of the committee, was deemed moved:

That Bill C-18 be amended by adding after line 2 on page 6 the following new clauses:

“Subsequent Agreements

15.1 (1) During the period starting 90 days before the day on which negotiations in relation to a new agreement begin and ending 30 days after the day on which the new agreement is signed, the Minister must hold meetings on specific issues relating to the new agreement to promote dialogue between trade officials and representatives of civil society organizations.

(2) For the purposes of subsection (1), the Minister must

(a) hold meetings on a regular basis;

(b) at least 20 days before the day on which a meeting is held, publish on the website of the Department of Foreign Affairs, Trade and Development a notice of the meeting, including the aspect of Canada’s trade and foreign investment protection policy to be discussed and the names of the trade officials who will be present;

(c) enable participants to choose to attend meetings in person or by electronic means; and

(d) enable participants to make written submissions respecting the subject matter of a meeting before or after the meeting.

15.2 (1) For any new agreement, the Minister must prepare a report summarizing the results of the dialogue meetings and outlining how the Government of Canada is taking these results into account in developing Canada’s policy in relation to the agreement, in respect of each of the following periods:

(a) the period starting 90 days before the day on which negotiations in relation to the agreement begin and ending the day before the day on which negotiations begin; and

(b) the period starting the day on which negotiations begin and ending 30 days after the day on which the agreement is signed.

(2) The Minister must publish on the website of the Department of Foreign Affairs, Trade and Development

(a) the report for the period referred to in paragraph (1)(a) within 30 days after the day on which negotiations in relation to the agreement begin; and

(b) the report for the period referred to in paragraph (1)(b) within 60 days after the day on which the agreement is signed.”

The Chair ruled the proposed amendment inadmissible because it was beyond the scope of the Bill, as provided on page 770 of House of Commons Procedure and Practice, Third Edition.

Pursuant to the order adopted by the committee on Wednesday, October 14, 2020, the following amendment, submitted by Paul Manly for the consideration of the committee, was deemed moved:

That Bill C-18 be amended by adding after line 2 on page 6 the following new clause:

“Future Negotiations

15.1 One year after the day on which this Act comes into force, the Minister must publish on the website of the Department of Foreign Affairs, Trade and Development summaries of

(a) the negotiation mandate for any new agreement;

(b) Canada’s initially proposed agreement text with explanatory notes; and

(c) each round of negotiations.”

The Chair ruled the proposed amendment inadmissible because it was beyond the scope of the Bill, as provided on page 770 of House of Commons Procedure and Practice, Third Edition.

Pursuant to the order adopted by the committee on Wednesday, October 14, 2020, the following amendment, submitted by Paul Manly for the consideration of the committee, was deemed moved:

That Bill C-18 be amended by adding after line 2 on page 6 the following new clauses:

“Subsequent Agreements — Impact Assessments

15.1 (1) The Minister must prepare the following assessments of the economic, social, human rights and environmental impact of any new agreement, within the following periods:

(a) within 90 days after the day on which negotiations in relation to the new agreement begin, a preliminary impact assessment based on Canada’s initially proposed agreement text; and

(b) within 30 days after the day on which the new agreement is signed, a final impact assessment based on the final text of the agreement.

(2) The assessments must be accompanied by the following supporting evidence:

(a) a statement of Canada’s proposed obligations under the new agreement — including any obligations related to labour, the environment and human rights — and of the measures the Government of Canada intends to take to ensure benefits to local communities, sustainable development and fair and sustainable trade under the new agreement;

(b) a determination of whether the proposed obligations under the new agreement relate in whole or in part to matters that fall under the legislative authority of the provinces and of whether the new agreement would allow a foreign investor to challenge the provincial legislation before an international tribunal without first going before Canadian courts;

(c) an analysis of the impact that the new agreement may have on the rights of Indigenous peoples recognized and affirmed by section 35 of the Constitution Act, 1982;

(d) the text of any reservation or interpretative declaration that the Government of Canada intends to make in respect of the new agreement;

(e) a description of the provisions of the new agreement relating to withdrawal, suspension of its effects by a party, enforcement mechanisms and dispute resolution, including any provision relating to the selection of judges, arbitrators or other adjudicators and to the transparency of proceedings in the resolution of disputes;

(f) any recommendations that would apply to the new agreement made by an advisory committee established under section 6 of the Department of Foreign Affairs, Trade and Development Act to advise or assist the Minister with respect to trade treaties; and

(g) a summary of any legislation that will be required to fulfil Canada’s obligations under the new agreement or to implement any of its provisions.

(3) The Minister must publish the preliminary impact assessment and supporting evidence on the website of the Department of Foreign Affairs, Trade and Development within 10 days after the day on which the preliminary impact assessment is completed.

(4) The Minister must publish the final impact assessment on the website of the Department of Foreign Affairs, Trade and Development within 10 days after the day on which the final impact assessment is tabled in each House of Parliament under subsection 15.2(1).

15.2 (1) The Minister must cause the text of any new agreement, the final impact assessment and supporting evidence to be tabled in each House of Parliament within 30 sitting days after the day on which the agreement is signed.

(2) The documents that are tabled before a House under subsection (1) are referred to a committee of that House that is designated or established for the purpose of considering matters relating to international trade.”

The Chair ruled the proposed amendment inadmissible because it was beyond the scope of the Bill, as provided on page 770 of House of Commons Procedure and Practice, Third Edition.

Jenny Kwan moved, — That Bill C-18 be amended by adding after line 2 on page 6 the following new clause:

“Sunset Provision

15.1 (1) Sections 1 to 15 cease to have effect at the end of the 15th sitting day of Parliament after the third anniversary of the coming into force of this subsection unless, before the end of that day, the operation of those sections is extended by resolution — whose text is established under subsection (5) — passed by both Houses of Parliament in accordance with the rules set out in subsection (7).

(2) The related amendments enacted by sections 16 to 49 also cease to have effect upon sections 1 to 15 ceasing to have effect.

(3) A comprehensive review of sections 1 to 15 and their operation must be undertaken by any committee of the Senate, of the House of Commons or of both Houses of Parliament that may be designated or established by the Senate or the House of Commons, or by both Houses of Parliament, as the case may be, for that purpose.

(4) The committee referred to in subsection (3) must, within a year after a review is undertaken under that subsection or within any further time that may be authorized by the Senate, the House of Commons or both Houses of Parliament, as the case may be, submit a report on the review to both Houses of Parliament, including its recommendation with respect to extending the operation of sections 1 to 15.

(5) The Governor in Council may, by order, establish the text of a resolution that provides for the extension of the operation of sections 1 to 15 and that specifies the period of the extension, which may not exceed three years from the first day on which the resolution has been passed by both Houses of Parliament.

(6) If the operation of sections 1 to 15 is extended by order under subsection (5), the operation of the related amendments enacted by sections 16 to 49 is to be extended for the same period as that specified for sections 1 to 15.

(7) A motion for the adoption of the resolution may be debated in both Houses of Parliament but may not be amended. At the conclusion of the debate, the Speaker of the House must immediately put every question necessary to determine whether or not the motion is concurred in.

(8) The operation of sections 1 to 15 may be further extended in accordance with the procedure set out in this section, but the reference to “the third anniversary of the coming into force of this subsection” in subsection (1) is to be read as a reference to “the expiry of the most recent extension under this section”.

(9) If the operation of sections 1 to 15 is further extended in accordance with the procedure set out in this section, the operation of the related amendments enacted by sections 16 to 49 is to be further extended in accordance with the same procedure.

(10) In subsection (1), sitting day of Parliament means a day on which both Houses of Parliament sit.”

After debate, the question was put on the amendment of Jenny Kwan and it was negatived on the following recorded division:

YEAS: Daniel Blaikie — 1;

NAYS: Chandra Arya, Rachel Bendayan, Sukh Dhaliwal, Neil R. Ellis, Randeep Sarai — 5.

Simon-Pierre Savard-Tremblay moved, — That Bill C-18 be amended by adding after line 2 on page 6 the following new clause:

“Review of Act

15.1 (1) As soon as feasible after the day on which this section comes into force, a review of this Act and of its administration and operation is to be undertaken by any committee of the Senate, of the House of Commons or of both Houses of Parliament that may be designated or established for that purpose.

(2) The committee referred to in subsection (1) must, within six months after the review is undertaken — or within any further period that the Senate, the House of Commons or both Houses of Parliament, as the case may be, may authorize — submit a report on the review to both Houses of Parliament that includes a statement of any changes to this Act or its operation that the committee recommends.”

After debate, the question was put on the amendment of Simon-Pierre Savard-Tremblay and it was negatived on the following recorded division:

YEAS: Daniel Blaikie, Simon-Pierre Savard-Tremblay — 2;

NAYS: Chandra Arya, Rachel Bendayan, Sukh Dhaliwal, Neil R. Ellis, Randeep Sarai — 5.

By unanimous consent, Clauses 16 to 29 inclusive carried on division severally.

Clause 30 carried on the following recorded division:

YEAS: Chandra Arya, Rachel Bendayan, Neil R. Ellis, Randeep Sarai — 4;

NAYS: Daniel Blaikie, Sukh Dhaliwal, Simon-Pierre Savard-Tremblay — 3.

By unanimous consent, Clauses 31 to 50 inclusive carried on division severally.

By unanimous consent, Clauses 51 to 52 inclusive carried on division severally

Clause 1, Short Title, carried.

Schedule 1 carried on division.

Schedule 2 carried on division.

Schedule 3 carried on division.

The Title carried.

The Bill was adopted on the following recorded division:

YEAS: Ziad Aboultaif, Chandra Arya, Rachel Bendayan, Sukh Dhaliwal, Neil R. Ellis, Tracy Gray, Randy Hoback, Ben Lobb, Randeep Sarai, Simon-Pierre Savard-Tremblay — 10;

NAYS: Daniel Blaikie — 1.

ORDERED, — That the Chair report the Bill to the House.

At 3:41 p.m., the committee adjourned to the call of the Chair.



Christine Lafrance
Clerk of the Committee