:
Welcome to all of the members. This is meeting number six of the Standing Committee on International Trade.
Pursuant to Standing Order 108(2) and the motion adopted by the committee on June 16, 2025, the committee is resuming its study of Canada's engagement in a rules-based international trade and investment system.
We have with us today, from the Canadian Centre for Policy Alternatives, Stuart Trew, senior researcher. From the Chamber of Shipping, we have Bonnie Gee, president, by video conference. From the Grain Growers of Canada, we have Kyle Larkin, executive director.
Welcome to all of you. Thank you for finding the time to come to speak to the committee today.
We will start with five minutes for each one.
Mr. Trew, please start for up to five minutes.
:
It's a pleasure to do so. Thanks very much for the invitation to appear before this committee.
I am a researcher with the Canadian Centre for Policy Alternatives. We've been around since 1980, pursuing social, economic and environmental justice policies that would push us in those directions. I direct the trade and investment research project there, which was established in 1999, right around the time of the battle in Seattle, which pushed back against some of these global trade rules that we're talking about today.
I'm going to make a few broad points that I hope have relevance to both of the committee's studies right now: the one with respect to the CUSMA review and the one with respect to the rules-based international order.
We're very preoccupied, as I know everyone at this committee is, with the trade wars we're seeing right now from the United States and the deindustrialization that we're seeing in this country, which is very much on purpose. It's part of what Trump is trying to do to this country. We're very concerned about that.
With respect to the rules-based order, I'll make a few points.
The order established by the WTO and the web of trade agreements we've had in place since the early 1990s have been contested pretty much from the beginning. I don't think it was ever settled. It never congealed. It's been a site of contestation from the beginning—for good reason—whether in the streets through public protests in Hong Kong, São Paolo and Cancún, or else in academic discourse and in government policy rooms. The belief that these rules reflected a universal truth about the limits of governing in a free market economy was, I think, hubristic from the beginning. We're starting to see the effects of that, and we're starting to see people realizing that at this point.
We took a relatively flexible system for regulating global commerce in the GATT—a system that acknowledged, for example, how imbalances in production may become an economic and political problem or burden for countries, and that allowed states to negotiate temporary safeguards, like import quotas or tariffs—and we built a rigid set of overlapping treaties that locked countries into policies that, if followed strictly, pretty much stunted industrial development and enshrined corporate rights to the detriment of other international priorities and rights, like creating good jobs, preserving high environmental and public health standards, having high wages, upholding human rights and indigenous peoples' rights, and so on. All these other international obligations took a back seat to never-ending growth and the fantasy of perfect market competition within and between nations. The system was built to fail, and we should not mourn its passing.
Obviously, we need rules to avoid beggar-thy-neighbour policies that help domestic jobs and domestic investors by harming other people's jobs and other people's investments. I would say that's the MAGA model, the Trump model.
There's something the government can do here through reforms to our own trade remedies policy, as other witnesses have pointed out to this committee recently.
Unifor, Canada's largest private sector union, has called on Canada to deploy other measures, like the Foreign Extraterritorial Measures Act, to penalize companies that use the excuse of tariffs to move their capital into the United States, as we're seeing with companies like Diageo or Futura Tool and Die right now.
At the same time, Canada should play its part in the world as a fair dealer. We shouldn't just go around breaking rules willy-nilly. We should abide by commitments we have made related to tariffs and market access. In other areas, like procurement, excessive intellectual property rights or excessive limits to how we regulate or set industrial strategy, we need to be prepared to bend and, in some cases, break some of the more unreasonable rules, as other countries are doing. Let's be honest.
My second point is that preserving the old rules of free trade is contradictory to Canada's efforts to forge a transformative industrial strategy. Buy Canadian policies, in particular on large construction and infrastructure projects, are a no-brainer, with minimal, if any, impact on trading relations. Everybody else is doing it. European nations don't lose sleep when they give contracts to European companies, and I don't think we should either. I think they'll understand if we start to do this in a more systematic way.
We've also seen the European Union now following Canada and Mexico in putting steel tariffs in place to protect its own industry. There is some shifting of these strict rules. None of this is WTO-compliant, just as Canada's retaliatory tariffs on Trump in the early days—which I think were a good idea—were not WTO-compliant, but they were necessary to protect Canadian jobs. They were necessary to protect our economic security, to use Trump's language.
The third and final point I'll make is that rules-based trade should help workers, as well as companies. We have successes to build on, like the rapid response labour mechanism in the Canada-U.S.-Mexico Agreement. This is producing results for workers in Mexico, but it needs to be shielded and expanded to cover Canadian and U.S. workplaces as well, so that we can start to discuss extending the system in other countries. We can't do that unless we're also committing to these same rules that we're applying in Mexico.
In light of the new Canada-Mexico action plan, I think it would be beneficial to strengthen co-operation with Mexico in areas like human rights as well, by supporting the protection mechanism for human rights defenders and journalists, which is under the jurisdiction of the Mexican government. This benefits Canadian businesses by giving them greater assurances that their Mexican operations are not going to be involved, perhaps involuntarily, in human rights violations.
Finally, I would say that Canada needs to withdraw from the investor-state dispute settlement regime, which neither promotes nor truly protects investment in other countries or in Canada. International investment arbitration is the opposite of rules-based trade in many respects. Its practitioners are constantly expanding the rules on their own in arbitration, and they're constantly expanding corporate protections beyond the wishes of negotiating parties, with no demonstrable benefit in terms of added investment, especially sustainable investment. It's anti-democratic, and it undermines legal reforms in those countries that would better provide security and business stability.
Those are my comments for now. I appreciate this opportunity. Thank you.
Thank you to the members of the committee for inviting us.
My name is Kyle Larkin and I'm the executive director of Grain Growers of Canada, also known as GGC. We are the national voice for over 70,000 producers through our 14 national, provincial and regional grower groups. As the farmer-driven association for the grain sector, GGC champions federal policies that support the competitiveness and profitability of grain growers across Canada.
With over 70% of the grain grown in Canada exported, rules-based trade is critical to the livelihoods of family-run grain farms across the country. In fact, we export our grain and grain products to over 160 countries around the world, creating $45 billion in export value annually.
Unfortunately, the rules-based trading order and Canadian exports are being challenged today like never before. Trade uncertainty, tariffs and non-tariff barriers are on the rise, directly impacting grain producers across the country, who rely on international trade for their individual farm revenues.
Most concerning is the trade uncertainty that we are currently experiencing with our two largest trading partners. The United States, which accounted for over $17 billion of grain and grain product exports in 2023, has become an unreliable trading partner, with changes in their international trade policy on an almost daily basis. Fortunately, all grain and grain product exports continue to be tariff-free under the Canada-United States-Mexico Agreement. However, tariffs on steel and aluminum will have an impact on farm equipment pricing, and overall trade uncertainty has depressed markets for crops that family farms rely on.
Our second largest trading partner, China, which accounted for over $9 billion of grain and grain product exports in 2023, has directly targeted grain farmers in the current trade spat between our two countries. The 100% duties introduced earlier this year on canola oil, canola meal and peas, and the recently introduced 75.8% duties on canola seed, have had a detrimental impact on farm gate revenues. China has also begun a new anti-dumping investigation into pea starch, furthering the effects on producers across the country.
What can Canada do in this changing international trade landscape? We must first champion the rules-based trading order at home through our own domestic policies and decisions. As Michael Harvey from the Canadian Agri-Food Trade Alliance mentioned to this committee about two weeks ago, “Protectionist measures, both domestically and internationally, should be rejected, as they undermine the principles of free, fair and open trade.”
Second, with over $45 billion in grain and grain product exports to over 160 countries around the world, Canada continues to be an important supplier of food. However, we have taken this position for granted for too long, with global competitors quickly catching up and competing for market share. To ensure Canada remains one of the top agriculture and agri-food exporters in the world, we must champion the rules-based trading order globally, strengthen our market access engagement and invest in trade-enabling infrastructure to meet the demands of the 21st century.
Lastly, and most importantly, Canada must reset its key trading relationships. Trade uncertainty with our two largest trading partners is having a devastating impact on the livelihoods of family-run grain farms across Canada. The benefits of CUSMA to Canada, the United States and Mexico need to be continuously promoted and defended. Ongoing and increased engagement with China is critical in resolving trade irritants.
Canada must continue to instill, promote and defend the rules-based trading order, both domestically and internationally. Without it, our exports will shrink, impacting both grain farmers and Canada's national economy.
Thank you very much, and I'd be happy to take any questions.
:
Madam Chair and honourable members of the committee, thank you for the opportunity to present our perspectives on rules-based international trade and investment systems.
The Chamber of Shipping is proud to represent international shipowners and operators who move more than 100 billion dollars' worth of goods through Canadian ports to and from over 150 overseas markets each year. From grain grown in the Prairies to minerals mined in the north and tech products built in Ontario and B.C., shipping connects Canadian producers to global markets.
Canada depends on a rules-based international framework to ensure that ship operators comply with international standards established through the United Nations International Maritime Organization, or IMO, where Canada is viewed as a respected and influential maritime nation. The IMO negotiates conventions that set global standards for safety at sea, environmental protection and maritime security. Flag states where ships are registered enforce IMO regulations through inspections of ships conducted by a global network of surveyors and port state control officers designated in countries where ships are operating.
Canada is a signatory to the Paris Memorandum of Understanding on Port State Control, which consists of 28 participating maritime administrations that cover the waters of European coastal states and the North Atlantic basin from North America to Europe. Canada is also a signatory to the Tokyo MOU, which consists of 22 member authorities in the Asia-Pacific region. The intention behind these MOUs is to eliminate the operation of substandard ships through concentrated inspection campaigns and a harmonized system.
Canada's implementation of international conventions and guidelines is generally consistent with global standards, but when legislation or regulations deviate from the standards, there is often an increased cost for shipping lines doing business in Canada, which may impact the competitiveness of Canadian businesses. The international conventions and standards are meant to provide shipowners certainty in their investments in new builds and their contractual arrangements.
Commercial shipping transactions are also executed under internationally recognized standard form agreements developed by the Baltic and International Maritime Council. These contracts are designed to streamline maritime operations, reduce legal risks and ensure fairness and clarity to the parties involved.
In the absence of international frameworks for shipping, there would be a plethora of conflicting national regulations, resulting in commercial distortion and administrative confusion for the industry, causing uncertainty, inconsistency and inefficiency for global trade.
The Office of the U.S. Trade Representative's decision to impose new port entry fees on Chinese-built, -owned or -operated vessels under a section 301 trade action will take effect on October 14. This will have an impact on vessels serving the North American trade and will likely result in increased freight rates and increased costs to U.S. businesses and consumers. Two container lines that trade regularly into the U.S. and Canadian ports could face up $2.1 billion in additional costs in 2026. If Canada were to take a similar approach on Chinese-linked vessels, the harm to Canadian businesses could be greater.
Furthermore, the United States' recent decision not to support the International Maritime Organization's net-zero framework, which is expected to be ratified in the coming weeks, carries significant implications. The net-zero framework sets annual GHG intensity reduction targets for ship fuels through 2035, and penalties for exceeding GHG limits will apply. As Canada intends to ratify the net-zero framework, the U.S. threat to impose retaliatory tariffs on countries endorsing this framework is deeply concerning, as it may disrupt international trade flows and create further uncertainty for carriers operating in U.S. markets. This stance also risks undermining the competitiveness of Canadian businesses that rely on integrated supply chains and stable maritime governance.
The global shipping industry has exhibited a high degree of operational agility in response to recent trade policy shifts and geopolitical disruptions. In the face of new regulatory measures and security threats to strategic maritime corridors, shipping operators have rapidly adjusted routing strategies, reallocated fleet assets and diversified port engagements to mitigate risk and maintain supply chain continuity. These adaptive responses are supported by advanced logistics technologies, integrated intermodal infrastructure and robust contingency planning frameworks. The industry's capacity to respond swiftly and effectively to external shocks underscores its strategic importance in global trade and its resilience in navigating increasingly complex and volatile international environments.
Canada's prosperity has long depended on the stability, transparency, predictability and openness afforded by the rules-based global trading system. However, this is a pivotal moment, and Canada should prioritize economic sectors that face the most severe shocks while refining trade policies in a measured, decisive and transparent manner to secure our own strategic economic interests and to ensure our sovereignty, prosperity and resilience.
The shipping industry is highly adaptive and will continue to respond effectively to regulatory and market changes, driven by its inherently competitive and dynamic nature. We are prepared to support Canada and its trade diversification strategy.
Thank you.
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It's a good question. It's really a question of supply chains and labour forces. There are obviously a lot of technicalities at play there. The U.S., because of its size, has a much larger grain and grain product market than we do. They obviously produce more grain than we do, so they have domestic market forces that allow some of their value-added processing to take place.
There's always an opportunity for that to grow in Canada, and it is growing. When you look around the greater Toronto area, for example, there are growing plants, mills and bakeries that consume a lot of our wheat products from across the country, most of which is coming from the Prairies.
If you look at the Prairies, you have many success stories of value-added products, like pulses creating pea starch and pea protein. Canola is probably the biggest success story, with the amount of canola crushing we've been able to develop across the Prairies over the past few years. Now we're opening up biofuel refineries in Canada so that we can really create a circular economy where we grow the canola, crush the canola and turn it into biofuel, and then that biofuel is used by a farmer or by a Canadian. It's a slow-growing success story.
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I imagine it's urgent. We know that the position is unfilled. Not only does the ombud not have enough powers, but there's no concern about filling the position quickly.
Between January 1, 2024, and June 25, 2025, out of 34 shipments intercepted in Canada due to suspected forced labour, only one was found to contain goods produced in whole or in part by forced labour, and it was from the Xinjiang region. However, during the same period, several thousand shipments were intercepted for that reason in the United States.
Currently, measures are in place to prevent products made with forced labour from entering our supply chains, but they seem to be weak.
In your opinion, is the Canadian control system sufficient to prevent products made with forced labour from coming in?
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Thank you again for the question.
[English]
Evidently not. I don't know if it's mainly a resource problem. We don't have the resources that the United States has to intercept and investigate these issues of forced labour in supply chains. It's certainly going to come up in the CUSMA review. At some point, the United States will probably be pushing Canada and Mexico to do more to stop imports from some regions, especially China but also perhaps other regions. We will be asked to pick up more of the slack, so it is an important question about how we do that. I think we could have more transparent information maybe, more shared databases with the United States in terms of importers and giving that information to people outside of government, perhaps, and outside the business sector, which could help in the investigations and bring cases forward.
I was mentioning in my presentation the rapid response labour mechanism in Mexico, and this is how that operates. It has been so successful because is it's based on investigations that are started by workers themselves in the factories and then followed through on through the institutions established through the Canada-United States-Mexico Agreement.
I can envision that as quite a positive thing for workers and human rights in terms of the CUSMA review.
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This is a priority for our organization. It's a priority for Mexican labour unions and for United States labour unions as well.
The rapid response labour mechanism in the Canada-U.S.-Mexico Agreement has seen a number of successes. It's been used at least 40 times, as I understand it. Through investigations of facilities directly brought on by workers in those facilities, with help from the United States and Canada, it has resulted in employees being reinstated and votes being redone—for certification of unions, for example, because we know there are a lot of corrupt unions in Mexico that will try to undermine the rights that employees have to free collective agreement and bargaining and freedom of speech. It has been a success, and groups in Mexico are hoping that it is extended in the review.
We understand from the United States Trade Representative—not directly from them, but in hearing from people they are talking to—that they are also interested in keeping this process as part of the Canada-U.S.-Mexico Agreement, and perhaps making it better in terms of being faster and more accountable.
We're worried the talks are going to split into three—U.S.-Canada and U.S.-Mexico—at which point we lose some control over that in terms of the Canadian government and the Mexican governments working together to improve that mechanism. We would like to see Canada insisting on that, starting the conversation now with the Mexican government. Hopefully we can keep it as a three-way to increase Canada's leverage in those talks.
There is very much agreement in the United States that this is something we could keep, and I would like to see Canada adopting it as its own policy and putting it in agreements, like the one we have with Indonesia, but they didn't. We don't have a rapid response mechanism in Indonesia, where forced labour and child labour are rampant, as we know, in supply chains.
:
Thank you, Madam Chair.
Mr. Larkin, since the beginning of the meeting, you've talked a lot about the Port of Vancouver and a bit about the Port of Montreal. My riding, Beauport-Limoilou, is located in the Quebec City region, where a lot of grain is transported. You talked a lot about grain. In a way, the Quebec City region is the entryway to the St. Lawrence River. It's the main gateway to North America, as I like to say. Can it play an additional role in diversifying our market toward Europe?
Last week, a witness told us that only 5% of exports by ship went to the United States. Therefore, we're thinking more about market diversification on the European side.
Can the regions of Quebec City and eastern Canada, including Montreal, play an additional role in diversifying markets, such as European ones?
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Thank you for your question.
[English]
As I was trying to explain in here, flexibility is what we need to be thinking about.
The World Trade Organization is there. The disputes, as we know, are not going anywhere. They go to the end of the dispute process, and then they get appealed into the void.
Previous witnesses before this committee have said that the old rules order is in a lot of trouble. The United States has pretty much put the final nail in that coffin.
The compromise is that we have to accept that.... I understand there are issues around durum access, for example, in Italy, but for the Italians, it is a reasonable policy that they want to use Italian durum wheat first. We talked about breakfast cereals here; it is a reasonable policy. It's maybe not ideal, or optimal, as they say in market terms, but these are political realities that we have to deal with. People have democratic, political realities. They want to develop their own industry. They can't be having someone from, say, the trade law department of your government saying constantly, “Well, we can't do that, because it says you can't do that here in this agreement,” which nobody is really enforcing anymore because the rules are in flux.
If we're going to survive this period, we obviously have to work with like-minded governments. There's a rise of authoritarianism around the world, and we can't be working toward that direction, but we can work with like-minded governments on compromise around trade policy—negotiated outcomes, maybe, more so than rigid dispute settlements that result in the rules being followed to a T, with everyone trying to benefit as much as they can and work through how they're going to produce jobs here and basically govern in the way they see fit.
:
I'm calling our meeting back to order.
As an individual, we have David Collins, professor of international economic law, by video conference.
From the Canadian Cattle Association, we have Tyler Fulton, president, and Dennis Laycraft, executive vice-president.
From the Canadian Steel Producers Association, we have François Desmarais, vice-president, trade and industry affairs.
Thank you all very much for finding time to come and speak to the committee today. It's a very important time, and we appreciate your commitment to coming to the committee.
Mr. Collins, I invite you to make an opening statement of up to five minutes, please.
:
That's great. Thank you very much.
My name is David Collins. I'm a professor of international economic law at City St George's, University of London. I'm from Canada, and I have been in the U.K. about 20 years. My main perspective on world trade and investment law, which are my areas of speciality, tends to be from the U.K., but I've always kept an eye on Canada and on global affairs generally in terms of trade and investment.
I'd like to start by saying that I often find myself being asked about the economic impacts of trade wars, trade tariffs and so on. I feel confident that I can comment on that, but I'm a lawyer, so I'm more interested in the international legal implications and the question as to whether what we're witnessing in terms of the onslaught of protectionism—tariffs in particular—is legal under international law.
The short answer is that it is not. Much of what we have seen, specifically coming out of the U.S. but not only the U.S.—we've seen this from China, the EU, India and other places—probably violates the bedrock of the world trading system that was formulated in the 1940s under GATT, which would later become the World Trade Organization, and that spread into all these regional trade agreements. Most notable, from Canada's perspective, is the USMCA or CUSMA, as well as these mega-regionals like the CPTPP and so on.
We're obviously in a very fraught time in world trade. Tariffs globally have never been this high. They're the highest they've been since the end of the Second World War, and we're seeing a lot of moves toward protectionism, again from the U.S. in the forms of tariffs, but also things like export controls and these really sticky non-tariff barriers, such as non-recognition of quality assessment procedures and so on, which I think the EU is particularly known for.
One of the side problems with the U.S. tariffs is that they have caused a glut of a number of commodities—such as steel, aluminum and others—around the world, and the surplus, which is typically coming from China, has been dumped into other countries. This is causing these countries around the world in tandem to impose trade barriers, most noticeably what the EU has done only in the last 48 hours by announcing all these tariffs.
These are a violation of the principles of the GATT. The main justification cited for these measures.... Again, we tend to associate this with the U.S., especially in Canada. We look at the U.S. as the largest trading partner, and we see what's coming out of Washington. This tends to be justified on the basis of national security, and under domestic U.S. law, it's the section 232 tariffs.
If you translate that into international law, this is article XXI of the GATT. This was drafted a long time ago, in the 1940s, and the language of the GATT is notoriously self-judging. That means that a member state of the World Trade Organization can designate whether it feels that it is having an essential security threat as a consequence of its free trade commitments under the GATT, and there is a similar provision under the GATS, which is the services agreement.
The problem with that provision is that, especially in the last five years or so, it has really been exploited. Countries around the world—particularly the U.S., but also others—have been using this as a justification to impose trade barriers for all kinds of things. You might make an argument plausibly for steel, aluminum and so on, but there are all kinds of commodities now. In theory, the way it is framed leaves it beyond the scrutiny of the international tribunal, specifically the World Trade Organization panels.
We do have a case under the WTO that tells us that these decisions can be scrutinized for essential security, but it's a very light-touch scrutiny, and panels tend to allow countries to follow through with this. Even if they didn't, there's not much in the way of enforcement provisions under the WTO.
In the time I have left—because I have a feeling I'm probably taking longer than I think I am—
:
Thank you, Madam Chair and members of the committee. On behalf of the Canadian Cattle Association, thank you for the opportunity to speak to the committee on the critical need for rules-based trade.
As mentioned, I'm president of the Canadian Cattle Association. I have a beef operation just outside of Birtle, Manitoba.
Through our nine provincial members, CCA represents more than 60,000 beef producers across the country. As many of you already know, trade is a key part of our business. Approximately 50% of what we produce is exported to markets around the world. Because of progressive trade deals with countries that also value rules-based trade, we're able to add about 40% of value to each animal.
The Canadian Cattle Association has always stood up for free and fair trade, working with the Government of Canada and other stakeholders, including the WTO, which is the international body to promote rules-based trade. Over 98% of global trade falls under WTO rules or between WTO partners. CCA has always supported the work our government does to ensure a strong WTO. Rules-based trade has provided the stability necessary for business to trade around the world.
Today's context looks different from 20 years ago, but the role of the WTO remains. We need Canada and like-minded countries to continue to defend international rules-based trade.
It starts by standing up for Canadian businesses that have been discriminated against, such as what our sector is currently facing in China. Since 2021, Canadian beef has been shut out of China due to unjustified trade action. We have mentioned at a previous committee appearance that we support the government starting discussions at the WTO to remedy our long-standing market access challenges. It's critical for Canada, an export-driven economy, to defend Canadian interests and stand up to countries that are not following the rules-based trade. Working with allies that share the same standards for science- and rules-based trade is key for us to diversify trade.
The U.S.A. is our largest export market by far, and we look forward to the opportunity to appear before your committee to speak more specifically on CUSMA.
In the context of today's study, it's pertinent to share this. Earlier this year, the U.S. administration put out a report on non-tariff barriers impacting their exporters. The barriers impacting the U.S. beef producers with third countries are the same barriers that Canadian producers face. We will be stronger economically if we work with the U.S.A. to address these barriers and ensure that trading partners are upholding science-based trade as the foundation of trade.
It is in this context that I flag to the committee a significant concern regarding potential trade with Mercosur. The government announced earlier this fall that Canada would be advancing the resumption of the Canada-Mercosur free trade agreement negotiations. Canadian beef producers are on high alert regarding any potential agreement that would allow further access from four of the top eight global beef-exporting countries into our Canadian market. We cannot support any deal that includes beef access to Mercosur. Not only would it displace Canadian beef in our domestic market, but it would bring new challenges for us with our number one trading partner, which has been very clear about how it feels about trade with Mercosur.
We ask parliamentarians to stand up for Canadian beef and our trade opportunities, and focus on trade diversification discussions with countries that hold the same international rules that Canada follows.
There is a lot of global demand for beef. When we travel internationally, particularly in Asia, we hear of the demand specifically for high-quality, grain-finished beef, which is exactly what we have to offer here in Canada. It's because Canada follows science-based trading rules that our Canadian beef is sought after as a reliable, high-quality ingredient.
I'll end my comments on this note. As an industry, Canadian beef producers are excited about the potential trade diversification growth. Many opportunities are coming through our progressive trade agreements like CPTPP, where, outside the U.K., evidence-based trade is the standard.
To achieve Canada's trade diversification goals, we need to work together, as government and industry, to ensure that rules-based trade maintains the standard.
I look forward to your questions.
:
Madam Chair and honourable members of the Standing Committee on International Trade, on behalf of the Canadian Steel Producers Association, thank you for inviting me today. It's always a privilege to appear in front of you and to have the opportunity to present the views of our industry on various matters, such as this important one on Canada's engagement in a rules-based international trade and investment system.
Over the years, many of you heard us repeat that the situation is dire for the Canadian steel industry, and today is no different. In many regards, it's getting worse. The international steel trade market has dramatically embarked on a unique path for the past 20 years, marked by unfair practices, dumping, circumvention and protectionism. These heavy trends have been accelerating in recent months.
Since March, we've been facing crippling tariffs imposed by the U.S. administration on our steel crossing the border into our largest market, and these tariffs were later raised to 50% this past June. We are also seeing our Canadian manufacturers and customers being impacted if they dare to use Canadian steel to manufacture their goods and sell them in the U.S., because of the extension of the tariff to derivative products. This has practically shut down our access to the U.S. market.
To put things in perspective, last year we exported six million metric tons of our primary forms of steel to the U.S., which is worth about $10 billion Canadian. As every single month passes by, we export less. We're at 50% of the monthly volume we used to be at, and it's diminishing rapidly.
Make no mistake: U.S. actions, under section 232 for steel and steel derivatives, are not driven by the behaviour of our Canadian producers. They are driven by the global industrial overcapacity in the steel sector, mainly coming from China, which doesn't play by the rules. The Americans have taken unilateral action because no international trade organization has been effectively equipped to address overcapacity, especially in the steel sector.
We are facing unfair trade practices in Canada too.
[Translation]
The Canadian steel industry is the canary in the coal mine. Our industry is the largest user of the trade remedy system. Of the 55 trade actions enforced by the Canada Border Services Agency, 39 are related to steel products or products that contain steel. It amounts to 70% of all countervailing duties. Obviously, we have a problem. In addition, 60% of all steel dumping cases in the country are related to China.
[English]
How do we fix global overcapacity, then? The U.S. have been using their sections 232 and 301 to protect their domestic industry for years, and not just for the steel industry. As for the Europeans, they announced this past Tuesday that they will impose a tariff rate quota on all imports of steel, including from free trade partners, and replace the safeguards they've been using for many years. The EU policy is, in many regards, similar to what Canada adopted this summer. One of the significant differences, though, is that they will limit imports from their free trade partners to 47% of the levels of last year, while Canada has the limit at 100%.
Furthermore, our tool kit needs improvement too. As an example, our anti-circumvention legislation needs modernization. We need to do better at addressing unfair trade practices coming from the non-market economy, as well as adapting section 53 of the Customs Tariff act to put in check new egregious trade manoeuvres.
Madam Chair and members of the committee, thank you again for hosting the CSPA today. I look forward to answering your questions.
:
The main risks from the perspective of Canada are to Canadian investors going abroad and seeking to invest in foreign markets, particularly the EU, which seems to be taking quite a stringent approach to these national security issues. That's going to differ by member state, and this is very much a member state power. My concern would be for Canadian companies seeking to invest overseas in countries that are being really strict about their investments.
To take another example, China has a new foreign investment statute. Over the years, China has somewhat liberalized its foreign investment regime. Their restricted list has gotten smaller and smaller, but it's still quite significant. They could easily impose joint venture obligations—or worse, technology transfer obligations—and they could end up stealing intellectual property.
Going the other way, of course, the other risk is that companies coming into Canada might find that the Investment Canada Act is too strict and actually bars companies that want to maintain their presence in Canada, contribute to the Canadian economy and increase competition, perhaps in sectors like telecoms and so on. From the perspective of the Canadian consumer, we would want to have more foreign investment in Canada, more liberalized, to increase competition and consumer choice.
It's a fine balance to get national security right, to protect Canada's national security, but also to allow foreign companies that can increase the competitive environment and make the Canadian markets more dynamic.
Let me start by thanking the three witnesses for their very thoughtful deliberation. I think it's very helpful to us as we're looking into the benefits of a rules-based trading system to Canada.
I was listening to all of you quite intently. Correct me if I'm wrong, but I heard that you are supportive of a rules-based trading system. You feel that it has helped Canada and Canadian businesses like the cattle sector and the steel sector immensely.
We find ourselves in a very precarious time, when rules are being changed and rules are being violated, starting with our biggest trading partner. Of course, we are trying to manage that circumstance in a way that is most beneficial to Canadian businesses and farmers.
I have a question that I'll ask all three of you. I have only a few minutes, so please be mindful of each other's time.
Can you give us advice as to what we as parliamentarians and the Canadian government should be doing in this moment in order to maintain the Canadian advantage and the rules-based trading system as we navigate through these really challenging times?
Perhaps I can start with Mr. Fulton and then go to Mr. Desmarais, followed by Mr. Collins.
:
Thank you very much for your question.
I think your assessment is accurate. Reciprocal trade can only happen when there is a common standard, and, quite simply, we don't have that confidence, for example, with Mercosur. The countries connected with that trade negotiation, for example, do not have the same labour standard.
The labour advantage in Brazil, for example, would be about threefold to fourfold in cost relative to our per head cost of processing that animal. There's a reason for that: They're not meeting the same standards as we do here in Canada. You can also take another approach from a sustainability or environmental standpoint, but I think that would be how I would respond.
:
China is the source of all the problems in the global steel industry. More than half of the steel production capacity is in China.
It's true that China consumes a lot of steel, but its consumption is decreasing without it adjusting its production accordingly. It continues to build steel mills and even invest in industrial capabilities in some neighbouring countries. As a result, it continues to produce at a level above demand and floods all global markets with its surplus steel.
Groups of countries like the European Union are trying to protect themselves from Chinese dumping. Right now, we're dealing with a trade remedy system that is completely inundated with Chinese products. It's not just steel, by the way, because there are other products.
We're also seeing that China is becoming increasingly sophisticated in its industrial approach. This is the case not only for primary steel, but also for by-products or products containing steel.
It comes as no surprise to many that a large number of our industry's customers in Canada no longer exist. Take mattress manufacturers, for example, whose products used to contain steel. Now, instead of exporting raw steel, the Chinese simply ship products containing steel.
As a result, there is a multiplier effect in other sectors. Moreover, if the U.S. steel tariff measures also have a huge impact on derivative products, it is partly because of their added value. The repercussions are being felt here at home as well.
:
Thank you, Madam Chair.
My first question is for Mr. Collins.
You talked a lot about protectionist tariffs. Some rather extraordinary things are happening right now because of everything happening in the United States. Everyone is looking to diversify their markets around the world. We're all looking for the same thing.
Last week or two weeks ago, we heard Mr. Herman, who spent some 50 years of his career negotiating trade agreements, say that this was unheard of. We are therefore entering an unprecedented era.
Would you agree that we are entering a new global era when it comes to trade and that the rules we've known so far are going to change?
If you agree with that statement, what do you think the situation should look like in 10 years to achieve a situation where all industries in Canada find their place, whether through diversification or the introduction of new rules?
I'd like to hear your vision of what the global market should look like 10 years from now, in this new era.
:
Thank you very much. That's a great question.
I would like to give you an optimistic answer and say that everything will be fine in 10 years and that we'll be back to a happy multilateral community under the aegis of the World Trade Organization, but I think that's unlikely. I think we're entering an era of a new normal. The heyday of free trade of the latter part of the 20th century and the early part of the 21st century is probably over. It has certainly declined.
I suspect that what we will see emerging in the next five to 10 years is probably a cleavage of the world, realistically, into two halves. This has been studied. There's a good deal of international relations scholarship on this, as well as international legal scholarship. It will be a U.S. world and a China world. It will be the U.S. world with its allies and the Chinese world with its allies. I think we know where Canada is. It's going to be in the American camp. This is why maintaining a strong relationship with the U.S. is so important. There will be a western camp—the U.S., the EU, the U.K., portions of Asia, Australia, Japan and so on—and then the rest of the world, with China and Russia. For India, we don't know. India is straddling the line, but we'll see where India ends up.
One concern I have with the paradigm I just suggested to you is that it looks as though most of the developing world—that is, Africa, South America, South Asia—is probably going to be in the Chinese camp. That's due to the enormous success of the belt and road regime, which has been taking place under our noses over the last five years, as well as the retreat of the U.S. in the last couple of years from the world stage, which has enabled China to muscle its way in.
Again, we know where Canada is going to be in that paradigm; I don't think that's much of a question, but it will be interesting to see what the rules frameworks are and where the WTO will be. I suspect the CPTPP will be one of the dominant regimes for the U.S.-Canada pact. RCEP, or the Regional Comprehensive Economic Partnership, which includes China and other Asian countries, is probably going to be what the other group looks like.
I would just hope that our western one stays true to the principles of free markets, not just free markets and liberalization, but.... Picking up on something I was alluding to earlier, to the extent that we have these standards—we've talked about labour standards and environmental standards—my hope is that they would be science-based. I want a rational, science-based regime. I think we're seeing that in the language of the CPTPP. I don't want to see the precautionary principle that the EU has been pushing, in which everything is dangerous until they've checked it out, so they just ban everything. That really seems to be the mentality of the EU. Science-based and free markets....
I think we know who our allies are. It's going to be with the U.S., so we need to straighten out that relationship.
:
That's a very good question.
It's been over a year now since we called for the imposition of tariffs on Chinese steel entering the country. This measure has been in effect for nearly a year, since last November. So far, we see that Chinese steel imports have nearly halved this year, a significant and welcome decrease.
To its credit, the Government of Canada took an innovative and forward-looking step by imposing a surtax on imported steel based on where it comes from, based on the casting and melting principle. We're looking at better traceability, really targeting Chinese steel. That's great, but we continue to receive large volumes of Chinese steel.
The EU has adopted the Canadian traceability model. The Americans also have this traceability system. However, more needs to be done, particularly when it comes to derivatives or steel-containing products. That's where China is likely to turn in the near future. If it sees that its primary products can't penetrate the market, it will simply use its steel in finished products that it will then send to us.
:
It is an interesting question. I think the meeting between the and the President looked to go quite well on the surface, and Mr. Carney is doing a great job in handling Mr. Trump. They seem to have developed a good relationship, and that's very important with a President who values personal relationships.
I'm concerned about the comments that were made by Mr. Lutnick with regard to the Canadian auto sector. That is really troubling. It seems as though, perhaps, steel and aluminum will be resolved, but it's the automotive industry of Canada that I am genuinely worried about. It doesn't look like the Americans want to have any assembly being done in Canada, so that's very much a cause for concern.
I have to be honest with you. It may come as a surprise to Canadians, but the U.K. is not actually terribly interested in what's going on in North America. It really is not on the radar here. In this country, the concern is the bilateral relationship between the U.K. and the U.S. Of course, the most important relationship for the U.K. is with the EU, especially under the Labour government here and Prime Minister Starmer, who wants to, evidently, bring the U.K. back in the ambit of the EU.
I think that, generally speaking, every country in the world watches all of the interactions taking place in the White House, because they feel like they're next. It's like sitting in the waiting room of the dentist. You hear the sounds coming from the other room, and you're nervous because you're going to be the next person in the Oval Office.
To the extent that President Trump has been welcoming, has changed his tone and is much more respectful to the new of Canada, I think that's a good sign. It shows there's at least some willingness for negotiation. Of course, in this country there was an agreement signed between the U.K. and the U.S., but it wasn't a full free trade agreement.
What I think we're going to see.... Obviously, the USMCA has a number of years yet before it expires, but I wouldn't be surprised if there were some mini-deals, perhaps sectoral deals, that won't actually, technically be treaties under the Vienna Convention. However, this seems to be the new way of doing things, through memoranda of understanding, which may be sector-specific. I would like to think we'll see some of those trickle out in the coming months, like the ones the U.S. has done with Japan and some other countries, so I'm cautiously optimistic about most things, except for the auto sector. That is troubling.
:
There are a couple of things. Obviously, the big ones are the natural resources and the crude from Alberta. Those are the really big ones. There are some other, small ones. On the digital services tax, I thought it was a great move to get rid of that. I personally advocated for that. I'd written papers on that front. It seems like that gun has been fired now, so I don't think that leverage can be used again, unless perhaps Canada were to threaten to bring it back. That would be another thing. I don't know that it would set the right tone.
The other leverage is perhaps softer. It's the soft relations of Canadian tourists informally boycotting the United States. That's something that Canada has justifiably threatened to do.
We've heard Premier Doug Ford talk about the liquor issues, and he was talking about natural resources. Again, I'm not sure that's within his ambit. The natural resources are the big one, but the other thing is that it behooves Canadians, as the team is doing, to point out to the Americans that there really isn't an American auto sector and a Canadian auto sector. There's a North American auto sector. The sectors are so deeply integrated that attempting to uncouple the supply chain from Canada will ultimately be disastrous for the United States. It will ultimately be a self-defeating process.
It is a nostalgic pipe dream to think that you can bring back the manufacturing heyday of the 1950s and the 1960s in the United States. Some of the intelligent, bright people are probably whispering in President Trump's ear and explaining that to him.
I think the approach that Canada has taken is pretty good—
:
First, on the WTO, I completely understand that. I'm not here to disagree with people who say that the WTO hasn't been working. It has a lot of problems. However, it's better to have it—and it can be reformed—than not having it at all.
The WTO is doing a lot more than people realize. There's a lot of committee work going on that's establishing international standards. There is a lot going on on the digital trade front. There's the trade facilitation agreement. There's an investment facilitation agreement. We tend to think of the WTO and these glamourous tariffs on autos and so on. We know the dispute settlement system is not functioning as it was meant to, but there's still the panel procedure. There's the multi-party interim appeal arrangement, which Canada is a part of. It is partially functioning, but not as well as it should. I don't think we should be dismissive of it, as we tend to be.
On the second point, about CUSMA, your question related specifically to dispute settlement in CUSMA. On the dispute settlement system, the neutral international tribunals are composed of panellists appointed by both sides. Procedurally, I'm not terribly concerned about that. I know we eliminated the investor-state dispute settlement in the redraft of the CUSMA. Perhaps that was a mistake, but I'm not convinced it was a massive mistake. I think the dispute settlement procedures are totally fine. Procedurally, I don't think there are issues there. There may be some here and there about transparency.
On what Canada needs to do to deal with the section 232 tariffs, I think we know what the answer is. What the Americans are always complaining about are the dairy issues. They don't like Canada's supply-managed dairy system. No country in the world.... I go all over the world and hear, “Oh, you're from Canada. Why is your dairy sector so heavily controlled?” I know that's politically sensitive in Canada. Maybe you don't want to hear this because you all know it, but that is a big issue for Canada's trading partners. It really needs some resolution.